December 14, 2012

The Common Denominator

It’s Friday desk clearing time for this blogger. “As the sizzle returns to South Florida’s housing market, many homes are getting multiple offers, a result of strong demand from first-time buyers and investors and a shortage of available homes. A few months ago, a lender instructed veteran West Palm Beach broker Douglas Rill to list a run-down home near West Palm Beach for less than $40,000. The home, with no kitchen appliances and a bad roof, drew 22 offers and finally sold for nearly $53,000. It was shown more than 70 times. ‘The front door was about to fall off,’ Rill said.”

“Florida’s foreclosure courts have made almost no progress in clearing an overwhelming backlog of cases from their dockets despite a $4 million stipend awarded by lawmakers this year. As of Oct. 31, there were 377,272 pending foreclosures in Florida’s 20 circuit courts, a net reduction of just 435 cases since the money became available in July. Judges say new foreclosure filings have nearly outpaced the number of cases they’ve been able to close. Palm Beach County Circuit Court Senior Judge Howard Harrison routinely hears cases that are lingering from the early days of the real estate bust. Last week, suburban West Palm Beach homeowner Allan Salman was in Harrison’s courtroom asking him to cancel a foreclosure auction on Salman’s home. The sale was scheduled for the next day.”

“‘This is a 2007 case,’ Harrison said, looking up from the dais with a head shake. Salman, who has wrangled over loan mods and short sales with his bank since it filed for foreclosure five years ago, said he was close to finalizing a deed-in-lieu of foreclosure with his bank, but needed more time. ‘I’m sorry, sir, motion denied,’ Harrison ordered.”

“But he had a plan B. Salman filed for bankruptcy the same day, a maneuver confirmed by bankruptcy court records and one that puts a temporary freeze on the foreclosure. ‘If one court doesn’t work, go to the next,’ Salman said.”

“About 50 demonstrators gathered Thursday night to say Gov. Chris Christie hasn’t done nearly enough to help those losing their houses to foreclosures. They chanted ‘Get the money out the door, give the money back,’ and sang parodies of Christmas Carols, such as the ‘12 Months of Default.’”

“One protestor, Grace Alexander, told those gathered Bank of America was looking to foreclose on her home. ‘I don’t want anyone to feel embarrassed. Don’t feel embarrassed. Don’t feel ashamed,’ she said. ‘This is not our fault. Let’s blame all the banks.’ And she warned: ‘I don’t think they want me on the streets, because I’ll be one bad little woman.’”

“Last July, non-judicial foreclosures in the state all but disappeared. Some loan servicers have begun taking debtors to court. But others seem to be taking a ‘wait-and-see’ approach. For Clair Klock of Corbett, the timing couldn’t have been much worse. He and his wife agreed to take out a loan on behalf of a family member. The plan was that the family member would eventually refinance. That was in 2006. When the recession hit, Klock and his wife, who are in their 60’s and 70’s, found themselves with a second mortgage on a house that was worth less than the amount of the loan. He’s stopped making the payments. Now he just wants the servicer to foreclose, take the house and be done with it. But so far, that hasn’t happened.”

“Klock explained, ‘I just want to get that off my desk and not have to think about it. And that’s my frustration that we just can’t have closure on it and move on.’”

“As Klock waits to see what happens with his property, so too are thousands of other Oregonians at risk of foreclosure. John Helmick is the president of Eugene-based Gorilla Capital, a company that invests in foreclosed properties and also tracks foreclosure data. His data show since this summer non-judicial foreclosures — that’s foreclosures processed outside the courts — are down about 90 percent though much of the state. Helmick said, ‘This isn’t a small shift. This is a paradigm shift.’”

“As many as one in seven families across America with Federal Housing Administration-backed mortgages will lose their homes to foreclosure in coming years, according to a landmark study by a former executive VP and chief credit officer at Fannie Mae. Edward J. Pinto’s study focused on previously unavailable mortgage, credit and other financial data at the zip code level for 2.4 million mortgages insured by FHA during 2009 and 2010. The study thus examined three-fourths of the 3.45 million loans insured by FHA during those two years.”

“‘Across the country, 9,000 zip codes with a median family income below the metro area median have projected foreclosure rates equal to or greater than 10 percent. These zips have an average projected foreclosure rate of 15 percent and account for 44 percent of all FHA loans in the low- and moderate-income zips,’ Pinto said.”

“The coming surge in foreclosures is not unknown to federal officials, according to Pinto. Projections by FHA last year found that 9.6 percent, or about 330,000, of the mortgages it insured during 2009 and 2010 ‘will ultimately be foreclosed upon or otherwise result in a claim against FHA’s insurance fund,’ he said. The current rate of foreclosure on such mortgages is 19 times higher than it was in 1954. ‘This is not your great-grandmother’s FHA,’ Pinto said.”

“Burnaby is the third-most expensive market in Canada to buy a home after Vancouver and Richmond, according to a study by Coldwell Banker Real Estate. Richmond’s market is more influenced by Asian buyers, specifically those from overseas. But Arthur Ng, manager of Coldwell Banker Westburn Realty, said those buyers aren’t just investors and speculators. ‘That’s what the misconception is. I wouldn’t call it an investment … Their kids are going to school [here] so they buy properties for them and they have plans to retire here, and many of them have come to retire here. Of course the prices now are so high there so that’s why now they’re coming to Burnaby.’”

“In recent months, after the study period, Ng said his company’s Burnaby list prices (as opposed to sale prices) have dropped by five to eight per cent. ‘People are realizing that, the market’s slowing down, if I need to sell I need to adjust my price in order to get some activity on it,’ Ng said. ‘But by no means are we seeing a fire sale.’”

“In 2008 and 2009, local real estate prices dropped by 20 to 25 per cent ‘but it came back like wildfire within nine months. That was a global collapse, we’re not in a global collapse now,’ he said.”

“Prices of repossessed Spanish homes offloaded by lenders this year tumbled 65 per cent as a million new properties remain unsold and buyers find it more difficult to get mortgages, according to Fitch Ratings. The price decline is relative to the value of the property when the loans were made and is more than double the drop in real estate values recorded in government data. That compares with a 45 per cent slump in Portuguese repossessed house values.”

“Spain’s property market is hampered by the country falling into its second recession in three years and struggling with Europe’s highest unemployment rate of 25 per cent. ‘Fitch believes that the factors weighing on the Spanish residential property market will continue to deteriorate,’ Madrid-based analysts Carlos Massip and Juan David Garcia wrote in the report. ‘The gap between original valuation and the sale price is a reflection of a distressed mortgage market, characterised by high borrower indebtedness, constrained affordability’ and ‘falling property prices,’ they wrote.”

“The price of residential apartments in Wenzhou, Zhejiang province, slumped 18.03 percent in the third quarter compared with the same period last year, according to the latest figures. ‘Compared with the housing price for 2009 and 2010, when it rose to the peak of about 60,000 yuan per square meter for certain luxurious apartments, the average price of those is now about 35,000 yuan, a decrease of nearly 50 percent,’ said Ding Yi, a developer of luxury homes in Wenzhou. Ding added that the cooling property market in Wenzhou had severely affected the average price of residences after investors drove them up over the past two years.”

“‘Demand for new apartments was quite low for the whole year although prices dropped rapidly,’ said Zheng Jian, a salesman at a property agency in Wenzhou. Zheng added that the previous price of certain luxurious properties had been hyped up to the top by the investors and is now slowly heading to the bottom.”

“At the end of 1989, Japan’s bubble economy burst and its economic miracle came to an abrupt end. Over the course of 20 years, what appeared to be ‘unstoppable’ economic growth proved to be anything but. Today, China, in some ways, appears to be closer to following Japan than to sustaining its own economic miracle. The Japanese bubble, and its aftermath, was the result of a series of domestic financial and economic imbalances, many of which China faces today—to varying if not greater degrees.”

“Most significantly, China’s banking system mirrors Japan’s from the mid-1980s until Japan’s bubble burst. Chinese banks, repeating the experience of their Japanese counterparts, have overseen a fourfold increase in total loan growth in less than a decade, driven mostly by property-related loans. System-wide reliance on real estate as collateral may be particularly pernicious given the meteoric rise of property prices in China and the central role real estate bubbles have played in recent financial and economic crises.”

“Real-estate bubbles have been one of, if not the, common denominator of every financial crisis over the past 20 years, from the US savings and loan crisis and the Japan bubble, to the Asian Financial Crisis in 1997 and the most recent global financial crisis in the US and Europe.”

“In response to increasingly misallocated investments, Chinese banks have been ‘ever-greening’ or rolling over loans as they come due for many years to avoid recognizing a growing non-performing loan problem. Both Japanese and Chinese banks became ‘masters’ at using off-balance sheet techniques to hide their most risky loans.”

“The Japanese experience illustrates quite powerfully the inexorable requirement that imbalances be corrected. The question is not ‘if’ but ‘when’ and ‘what degree of control will leaders have over the rebalancing process?’ Either Chinese leaders face the challenge head on and implement the policies necessary to rebalance the economy or continue to ‘pretend and extend’ until the system collapses under its own weight. If leaders continue to ‘kick the can down the road,’ the imbalance bubble will burst.”

“Central banks should be prepared to take the heat out of debt-fuelled asset price bubbles, rather than relying on lower interest rates to ‘clean up’ the mess after a bust, Reserve Bank governor Glenn Stevens has said. ‘I would have thought that by this point we have to conclude that simply expecting to clean up after the credit boom is not sufficient any more,’ Mr Stevens said. ‘The mess might be so large that monetary policy ends up not being able to do the job when the time comes.”’

“Property assets were especially significant because they tended to be leveraged, meaning booms and busts were felt across the financial system and economy, he said. The comments come amid growing concerns the ultra-low interest rates overseas could be sowing the seeds of the next global asset bubble. Few believe Australia’s housing market is at risk of forming a bubble, but Mr Stevens said holding interest rates at very low levels in order to revive an economy ‘might leave its own toxic consequences.’”




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24 Comments »

Comment by 2banana
2012-12-14 06:53:33

The free sh*t army on the move.

And I have no idea what they are saying. Get the money out the door?

How about a song “The 12 months of what I did with the money”

Let’s see…

The first month - European vacations
The second month - Granite countertops
The third month - Boob job for the wife

They chanted ‘Get the money out the door, give the money back,’ and sang parodies of Christmas Carols, such as the ‘12 Months of Default.’”

Comment by Ben Jones
2012-12-14 07:04:32

I think they were referring to the delays in getting the lawsuit settlement money to the FBs.

‘This is a 2007 case,’ Harrison said…’If one court doesn’t work, go to the next,’ Salman said.’

I mentioned this to someone last night who said,’ imagine how much money I’d have saved if I didn’t have to pay rent for 5 years.’

Anyway, who the heck is making multiple offers on a dump in circumstances like this? Suckers.

Comment by scdave
2012-12-14 08:51:58

I mentioned this to someone last night who said,’ imagine how much money I’d have saved if I didn’t have to pay rent for 5 years ??

Exactly Ben….This is part of the consequences of our government letting these lenders sit on these assets without declaring them non-preforming thereby forcing liquidation…

So….Bank gets a pass…Occupant gets free housing for five years and counting….Joe public pays his rent and does not get an opportunity to buy a house at what could be an affordable price…

 
Comment by Diogenes (Tampa, Fl)
2012-12-14 09:42:23

I’ve been giving this whole fiasco a lot of thought the past few days and think I have come up with the “plan”.
We have Millions of people living free in houses that are mortgaged, completely defaulting and crying about getting a “writedown”.
We’ve got millions more in foreclosure, often sitting vacant, with a few making it on the market from time-to-time to keep up prices.

The FED is completely invisible to everyone, except inside Banksters and government cronies.
WE don’t know what’s on their books and how much phoney accounting really exists.

At the same time, they are trying to stimulate “growth” by lending more money for new loans to get people working to pay off debts, like good little slave-worker-bees.

So, try this scenario. It’s already been 5 years in limbo. Why not 5 more? Or 10 more? Hidden and lost “inventory” that NEVER gets to market. The FED keeps all the papers and mortgage documents effectively holding ALL existing houses off the market.
In the meantime, it prints more money, gives it to the banks, and since we have a “shortage” of housing, then NEW CONSTRUCTION gets underway, creating a new housing boom. This get people back to work, new revenues flow to the government in the form of taxes, and we get a “sustained recovery”. Obama gets to take credit for fixing the Bush economy.

The existing housing? Who cares. It’s a complete write-off. They allow the houses to collapse, much like all the houses in Detroit, and then bulldoze them.
All that work and labor, time, money, materials, just scrapped.
Who can stop them? Isn’t the FED free to do whatever it wants?? They surely have been.
So, there’s NO ‘exit strategy’, except for asset destruction, debt destruction, and a complete wipeout of all that remains of the credit bubble.

If no one can buy a used house, because the FED controls all the inventory, this is definitely something that could be done.
We have 5 years of crawling along with inventory turn-over now. Most of us have been thinking that this will need to happen eventually to get the markets back on track.
WWII was the “end” of the Great Depression.
It created 100% employment by destroying massive amounts of time and material on a war project.
Call this the war on houses. The government wrecks them all. Creates a shortage. Housing prices rise, new construction takes the place of over-investment. The housing boom never happened.

Comment by Carl Morris
2012-12-14 11:00:18

That’s what I’ve been thinking, too. Maybe nobody will ever be allowed to live cheap off the scraps from the bubble…so that no dollar shall escape.

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Comment by Resistor
2012-12-14 14:56:30

Yes Diogenes, exactly. Don’t forget, in the mean time, the shadow houses are current on their taxes thus funneling a sideways bailout into municpality coffers.

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Comment by Cratering Global Housing
2012-12-14 08:48:34

“The free sh*t army on the move.”

I was just getting ready to write that.

Comment by Ben Jones
2012-12-14 09:18:39

‘Grace Alexander, told those gathered Bank of America was looking to foreclose on her home. ‘I don’t want anyone to feel embarrassed. Don’t feel embarrassed. Don’t feel ashamed,’ she said. ‘This is not our fault. Let’s blame all the banks.’ And she warned: ‘I don’t think they want me on the streets, because I’ll be one bad little woman’

This is in New Jersey, where it takes 3 or more years to foreclose. How many tens of thousands of $’s has this woman saved? I’m supposed to feel sorry for her? She doesn’t have to go ‘on the streets’. She should have 30-50k tucked away.

And this:

‘This is a 2007 case,’ Harrison said’

What’s the chance this guy is going to make up 5 years of payments with interest, and ‘keep his home’?

Comment by Cratering Global Housing
2012-12-14 09:20:33

She is the epitome of the Free Sh*t Army.

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Comment by GrizzlyBear
2012-12-14 10:35:17

How come nobody is asking these people why they aren’t paying the mortgage which they agreed to? How come nobody is asking who put a gun to their head to buy the house? How come nobody is asking if they planned on sharing the asset appreciation with the bank should house prices have continued to climb? How come nobody is asking why they agreed to payments they could never afford in the first place? How come nobody is asking them why they pushed housing prices to unaffordable levels due to their own greed and stupidity? How come nobody is asking them why they lied on their loan application? How come nobody is asking them why they think they deserve something for free?

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Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 20:06:02

On the first month of default forbearance granted me, a new shiny big screen teevee.

On the second month of default forbearance granted me,
two enhanced breasts and a new shiny big screen teevee.

On the third month of default forbearance granted me, three granite countertops, two enhanced breasts and a new shiny big screen teevee.

 
Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 22:46:41

Not every deadbeat gets to walk away from obligations so easily:

Exclusive: Pension fund slams San Bernardino for “sham” bankruptcy

Cracks in the parking lot are seen in front of the Carousel shopping mall in San Bernardino, California September 11, 2012. REUTERS/Lucy Nicholson

By Tim Reid and Jim Christie

LOS ANGELES/ SAN FRANCISCO | Sat Dec 15, 2012 12:18am EST

(Reuters) - A high-stakes legal battle intensified Friday as the largest U.S. pension fund filed court papers denouncing the financially troubled California city of San Bernardino for what it called a “sham” bankruptcy and accused the city of “criminal behavior” in withholding payments to the pension plan.

The filing by the California Public Employees’ Retirement System, or Calpers, came 10 days after San Bernardino city officials traveled to Sacramento to plead with top Calpers executives for more time to make its payments.

At issue is whether the pensions of government workers take precedence over other payments in a municipal bankruptcy - which could have ramifications for municipal creditors, including Wall Street bondholders, as more cities and towns have trouble meeting their obligations.

No agreement after the Calpers and San Bernardino meeting was reached, and Calpers officials told Reuters they have little latitude to allow San Bernardino — or any other city that pays into its pension fund — to alter the payment schedule.

In a closely related action, bond insurers who are responsible for the debt of Stockton, California, filed papers in that city’s bankruptcy case denouncing Calpers’ efforts to be treated differently from other creditors. Stockton has continued to make payments to Calpers while halting payments to some bondholders.

Both cities went bankrupt in the wake of the housing bust and years of financial mismanagement, and the two comparatively rare municipal bankruptcy cases are expected to set important precedents as to who gets paid when a government goes broke.

But while Stockton was well prepared when it filed for bankruptcy protection last June, San Bernardino’s finances and government operations are in deep disarray as political factions battle one another, according to an ongoing Reuters investigation. The city filed for bankruptcy on August 1 with no plans as to how it would meet its obligations.

SAN BERNARDINO EMERGENCY BUDGET ‘NO PLAN AT ALL’

Calpers, which manages $241 billion in assets and serves many California cities and counties, said in its legal filing that San Bernardino appears to have been operating for more than a decade without necessary financial controls and lacks even basic mechanisms such as monthly cash-flow reports.

Calpers said San Bernardino’s proposed plan for operating in bankruptcy, filed last month, was “no plan at all.”

 
 
Comment by Bobby Mac
2012-12-14 07:51:10

And the Govt’s answer to all of this is to keep the market inflated at all costs….sucker in more folks who are going to default…….brilliant!!

Comment by Ben Jones
2012-12-14 08:42:21

From the article:

‘The FHA’s emphasis on approving 30-year mortgages with low down payments for buyers with low credit scores and/or high levels of consumer debt encourages them to “make risky financing decisions” that often end in foreclosures. Pinto said failure rates in excess of 10 percent are common among such mortgages.’

“This sets up for failure the very families and communities it is the FHA’s mission to help. As a result, too many low- and moderate-income borrowers see their hope for the American dream turned into a nightmare,” he said.’

When I first came across the term subprime in late 2004, I looked into what it was. I found that it was a tiny percentage of total loans, that had a default rate of 10-15% in the first ten years. Everybody knew this; it was expected, and they were only done for special cases like for veterans. It wasn’t until 2003, when the industry started to run out of prime borrowers, that subprime loans were opened up to the masses.

What the FHA is doing is even worse. It was one thing to make a subprime loan in 2003, but 2009? So here we have a 10% default rate in the first 2 to 3 years! And who is getting the bulk of these loans? ‘Low- and moderate-income borrowers’, almost certainly a high percentage of minorities. This is going on right in front of the medias eyes and not a peep of concern. Where’s the outrage?

Comment by Cratering Global Housing
2012-12-14 08:51:39

And who is getting the bulk of these loans? ‘Low- and moderate-income borrowers’, almost certainly a high percentage of minorities. This is going on right in front of the medias eyes and not a peep of concern. Where’s the outrage?

But this is ok because it fits in with the narrative of “helping”. Yet sadly, it’s harming the end user as we all know the outcome of such market-rigging folly.

 
Comment by scdave
2012-12-14 09:06:50

This is going on right in front of the medias eyes and not a peep of concern ??

So does it just come down to a policy that this is how the banks can unload their non-preforming asset on to the governments ledger…Drive interest rates to historic lows…Offer 3% down mortgages and presto…Off the banks ledger and onto the FHA ledger…

I have always felt and still conclude this whole orchestrated policy has been about saving the financial institutions….To big to let fail I guess…

 
Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 20:24:26

‘Low- and moderate-income borrowers’, almost certainly a high percentage of minorities. This is going on right in front of the medias eyes and not a peep of concern. Where’s the outrage?

I’ve been pointing this out here for years already. I guess the MSM writers are too ST00PID to get the picture?

But at the risk of repeating myself and you, why is the FHA in the business of putting low-income and minority families on the path to financial ruin? Don’t they realize that somebody might point out how dumb this is and try to hold them accountable?

P.S. We number a “minority” (i.e. black) family among our family’s closest friends. We recently attended a dinner party in honor of the dad, who is on leave from military service abroad. As I left the party, the mom very quietly inquired if we were buying a home any time soon. I responded with a short list of reasons why I thought that was still a bad idea, including a reference to the opinion recently expressed by another friend* in attendance at the party that the local market has another significant leg down ahead before it is out of the woods. The mom indicated that she was keeping an eye on when we buy as an indication it is safe to go back in the water. I told her there was a good chance at this point that we will remain renters for life.

* This mutual friend is as white as I am, and a second-generation residential real estate appraiser who has lived in SoCal all his life. :-)

 
 
 
Comment by snake charmer
2012-12-14 10:03:02

“Few believe Australia’s housing market is at risk of forming a bubble, but Mr. Stevens said holding interest rates at very low levels in order to revive an economy ‘might leave its own toxic consequences.’”
___________________________/

I’m amused at how reality is always hedged, or presented as a contrarian position that “few believe.” That’s what happens when people and institutions are trying to hide the truth.

 
Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 10:48:47

Dumb question of the day: Given the bogged down foreclosure process in FL and CA, why do underwater homeowners in both states simply stop making payments on their mortgages and plan to live rent-free for years to come?

Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 10:49:47

“why don’t”

Comment by snake charmer
2012-12-14 16:19:36

They do. One of my favorite stories of 2009-10 time frame was about an ex-employee of a local stock brokerage firm who had bought a mansion and was refusing to make his mortgage payments now that the house was underwater. The newspaper had a picture of him smiling, clearly pleased with his own cleverness.

I commented about it in this space with my usual cynicism. I just can’t remember his name.

 
 
 
Comment by Dave
2012-12-14 17:26:42

How is this “not your fault”?

All I can think of when I read these tooth gnashing, wailing stories are a buddy I had a few years ago in Southern California.

He didn’t have a job. Had 2 kids and a part time working wife.

He must have taken out 5 different loans on his equity. What did he do with the money?

PAID HIS PAYMENTS WITH IT.

How’s that for smart?

That was his fault…but he’s still in the house.

Comment by Cantankerous Intellectual Bomb Thrower™
2012-12-14 20:28:33

“He didn’t have a job. Had 2 kids and a part time working wife.

He must have taken out 5 different loans on his equity. What did he do with the money?

PAID HIS PAYMENTS WITH IT.”

That definitely takes the cake for clever financial innovation!

 
 
Comment by DennisN
2012-12-15 00:06:50

“His data show since this summer non-judicial foreclosures — that’s foreclosures processed outside the courts — are down about 90 percent though much of the state…

At the same time, judicial foreclosures where a loan servicer takes a delinquent lender directly to court– are up, though not by nearly as much. So what’s happened to cause that paradigm shift that Helmick is describing?”

I thought this was going to be a story about banks going after deficiency judgments. Instead it’s another part of the ongoing MERS story.

Suing for a deficiency judgment is possible in many places depending upon the circumstances, e.g. a refi. The so-called “non-recourse” mortgages really aren’t in many places. Banks waive their right to sue for a deficiency when they file a non-judicial foreclosure in many jurisdictions (e.g. California) but when the borrower has no money this is in the bank’s interest - it’s cheaper to file a non-judicial foreclosure than go through a court proceeding.

But if the bank is forced to go through a judicial foreclosure anyway, due to the MERS insanity, they may start to investigate the financial assets of the borrowers…

 
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