Friday, December 21, 2007

Millions in jeopardy of losing their homes

For people with less than perfect credit, subprime mortgages unlocked the door to homeownership. More than 6.2 million of those loans in the United States allowed those with little or no money down to buy their first house.

Now, in the Lower Hudson Valley and across the nation, the door is closing once more. Nearly half of the subprime mortgages in the country had adjustable interest rates, and many of those rates are resetting to double-digit levels. New homebuyers are getting whipsawed by rising monthly payments and falling house values.

Mark Zandi, chief economist at Moody's Economy.com, expects 3 million mortgage defaults this year and next as the newest homeowners find they can no longer afford the financing that made their dreams a reality.

Of those mortgage defaults, two-thirds will result in foreclosures, Zandi predicts. Refinancing is not an option, since the properties in many cases are worth less than they were on the day of the original closing.

In the three-county region, nearly 22,000 subprime mortgages representing $8.42 billion in debt were originated last year, according to the Joint Economic Committee of the U.S. Congress.

Critics have accused lenders and mortgage brokers of lax and sometimes predatory behavior in selling subprime mortgages to first-time homebuyers, many of whom were people of modest means who either ignored or misunderstood the risks of the loans. Consumer counselors in the area say a significant number were immigrants and minorities.

The Lower Hudson Valley is feeling the squeeze.

Foreclosure actions commenced in Westchester County reached 1,975 through November, up 38.8 percent year over year. In Rockland County, foreclosure filings were up 16.2 percent through October, while Putnam's numbers were up 44.3 percent in that period.

Rodney Thigpen faced foreclosure this year on a house he bought in Ossining in 2004 using subprime financing. "Worst thing I could have done," said Thigpen, 29, a former car salesman who later started a cleaning service.

Bankruptcies are up as well. The number of Chapter 13 cases, a bankruptcy proceeding that allows debtors to keep their houses while reorganizing their finances, rose to 345 in federal Bankruptcy Court in White Plains through Nov. 7, an 81.6 percent increase year over year.

"I don't know if we really know the true extent of this crisis yet," said David J. Babel, a bankruptcy attorney who practices in Eastchester and the Bronx. "Certainly it's a crisis for the people who are losing their homes."

About 1,200 jobs in the credit intermediation field, a segment that includes mortgage lending, have been lost in the three-county region this year. Most of the losses can be attributed to the closing of large subprime mortgage operations in White Plains, Orangeburg, Elmsford and Valhalla, and staffing cuts at other companies in the region.

In the local real estate market, however, industry observers see less of a subprime impact than in other parts of the nation.

California, Florida, Nevada and Arizona - which account for more than one-third of America's subprime adjustable-rate mortgages and more than one-third of the foreclosure starts on those mortgages - are seeing lower home prices.

But high housing inventory is the root of the sales problem in those states, according to the Mortgage Bankers Association. And the four states have a disproportionate share of investor-owned housing, which faces higher likelihood of default when housing values fall, the association said.

In the Lower Hudson Valley, investor housing has taken a big hit as well. Sales of two- to four-family housing in Westchester in the third quarter of this year were less than half their number two years earlier, while inventory was up 18.1 percent in that time.

Veronica L. Raphael, a foreclosure prevention specialist with Westchester Residential Opportunities in White Plains, said half of her clients have subprime mortgages for multiunit properties. They planned to live in them and lease other units to tenants, using the rent to cover the monthly mortgage payments, she said.

In other housing segments and markets in the region, trends are more mixed. Sales of single-family houses in Westchester through the third quarter are actually up 3.9 percent over 2006, and the median sales price rose just under 2 percent last quarter.

In Putnam, house sales are down 12.1 percent through the third quarter, while Rockland house sales are off just under 1.2 percent for the year.

P. Gilbert Mercurio, chief executive officer of the Westchester County Board of Realtors, said that even if foreclosures raised inventory by 20 percent, the resulting level of housing on the market wouldn't be huge by historical standards.

"We've had inventory over the 10,000 mark years ago, and that was considered an ordinary market inventory," Mercurio said.

Two factors contributed to the growth of subprime mortgages as a financing method for homebuyers in the early part of this decade. One was the expansion of financing for such loans, and the other was the runup in real estate values.

Subprimes took off in popularity across the nation. About $190 billion in subprime mortgages was originated six years ago, or 8.6 percent of all mortgages originated, according to a report by the Joint Economic Committee of the U.S. Congress. In 2005, borrowers took out $625 billion in subprimes, or 20 percent of all mortgage originations.

Most subprime mortgages were sold by brokers working with specialty lenders. Rather than holding the mortgages in their own portfolios, lenders would sell them in the secondary market.

The first half of this decade was a great time to be in the mortgage business. House prices were booming across the nation, and locally.

In its report, the Joint Economic Committee cited data showing annual price appreciation across the nation rising from slightly over 8.5 percent in 2001 to more than 15 percent in 2005. Local counties showed vigorous appreciation.

The median price of a house in Westchester rose 10.5 percent in 2001 and 14.4 percent in 2004. Putnam's median price grew by 6.22 percent in 2001, and 9.69 percent in 2004. Median price growth cooled somewhat in 2005 in Westchester and Putnam, to 4.65 percent and 6.49 percent respectively.

Those higher prices helped fuel a boom in refinancing during that time, as borrowers withdrew equity from their property for spending of all sorts. As it turned out, the refi boom was used by brokers to help sell subprime mortgages.

Mount Vernon attorney Ioanna Burgos represented homebuyers who were closing on such loans. She said brokers told buyers that, when the time came in a year or two for interest rates to reset, they could always refinance at lower rates.

Burgos said nearly all her clients were Hispanic and spoke little English. She explained the definitions of the loans to them and what their responsibilities would be.

"I don't think they were able to afford the houses to begin with," Burgos said. "It's just a shame that the mortgage broker doesn't explain it enough to the client.

"They understood the rate. That's all they knew."

Real Estate Designers offers totally innovative solutions for your software development, Internet programming, real estate web design and hosting needs. Our service includes domain name registration and real estate web design. Real Estate Designers provides the complete solution including design, application development and marketing.



source: lohud.com

FHASecure not a big helping hand, housing experts say

When President Bush announced in late August that the Federal Housing Administration would expand its refinancing program, he estimated the move would help 240,000 homeowners avoid foreclosure.

Three weeks later, Secretary of Housing and Urban Development Alphonso Jackson acknowledged that the program, FHASecure, would help only 80,000 people avoid the trauma and humiliation of having their homes seized. The people who will benefit from FHASecure are in addition to the 160,000 nondelinquent borrowers HUD's Federal Housing Administration expected to help this fiscal year even without the new program, Jackson told a House committee.

The modest reach of the program is evident when Jackson's estimate is placed in context. Through September, there were 1.56 million foreclosure filings this year. And experts expect the number of foreclosures to rise in 2008 as the interest rates on more subprime mortgages jump, or "reset."

Housing advocates in the Lower Hudson Valley say the program will do little to stop the torrent of foreclosures hitting the region.

In Westchester County, the number of foreclosure filings was up nearly 38.8 percent to 1,975 through November, compared with the first 11 months of 2006. In Rockland County, filings were up 16.2 percent to 1,045 through October. Putnam County filings were up 44.3 percent to 368 through October.

FHASecure is for subprime borrowers who are in default on their mortgages but who were making timely payments before the interest rates on their loans rose.

The FHA will insure refinanced mortgages on adjustable-rate loans even if the borrower has not been keeping up with payments. But the homeowner must have been making on-time payments for at least six months before the interest rate rose.

The loan limits vary from region to region. In metropolitan New York, the loan must be $362,790 or less.

To qualify, a homeowner must have a rate jump between June 2005 and December 2008. He or she must also have 3 percent cash or equity in the home, a record of steady employment and enough income to make the mortgage payments.

Brian Sullivan, a spokesman for HUD in Washington, said the agency has not touted the program as a cure-all for the foreclosure crisis.

"It's not supposed to help everybody," he said. "As the president said when he announced the initiative, it's not designed to bail out people who were speculative investors or people who bought second homes (with subprime loans). It's designed to help people who were in the subprime market and had excellent payment histories but are in trouble for no other reason than their loans are resetting."

But, he said, "lender and borrower interest has been off the charts." The FHA got 127,686 applications to refinance mortgages from the time of the FHASecure announcement through Dec. 9, he said. Of those applicants, 2,950 were already delinquent on their payments, Sullivan said.

A total of 40,405 of the applicants were able to close on loans, he said.

But local advocates said the program has had little impact in the region.

"The reality of it is that this program will not help a lot of people," Elizabeth Chavez, grants administrator for Community Housing Innovations, a White Plains nonprofit that provides housing advice and other services.

She said she gets calls daily from people who are struggling with their mortgages. She said 90 percent of the calls are from people with subprime loans, but nobody has qualified for FHASecure yet.

Most of the callers have been in default on their loans for too long, usually six months to a year, Chavez said.

Veronica Raphael, a program administrator for Westchester Residential Opportunities in White Plains, said she has not referred a single person to FHASecure. Her agency gets dozens of calls a week from people looking for mortgage advice, she said.

"They just don't qualify," she said. "If their (the government's) goal is to lift consumers or bail people out, this is not the program to do it."

She said she believes the underwriting guidelines are among the reasons more people do not qualify.

Raphael said a more recent Bush administration announcement offers some hope. Bush announced Dec. 6 a plan that calls for a five-year freeze on interest rates on adjustable-rate subprime mortgages starting Jan. 1 for some homeowners.

"Anything that moves toward getting a rate reduction for these individuals is positive," she said. "But nobody has told us what happens after five years."

Stephanie Rojas, a foreclosure-prevention counselor with the Rockland Housing Action Coalition in Nanuet, said her office has been getting calls from about 15 people a week looking for advice on avoiding foreclosure. She has referred only a handful to FHASecure, a program she called "very limited" in its ability to help people.

"It'll be a little bit of help, but not much," she said.

Rojas agreed with Chavez that many of the people who seek help were in a jam before their interest rates reset. Two other factors also disqualify most people from using FHASecure, she said.

One is the loan limit. In the pricey suburbs north of New York City, $362,000 doesn't buy - or refinance - much house, she said.

Another factor is the program's credit standards, she said. Many of the homeowners who call her office have fallen behind on credit card, auto and other payments, drastically lowering their credit ratings, she said.

Real Estate Designers offers totally innovative solutions for your software development, Internet programming, real estate web design and hosting needs. Our service includes domain name registration and real estate web design. Real Estate Designers provides the complete solution including design, application development and marketing.



source: lohud.com

Bankruptcy rates creeping back up

For years Bill Gordon has fought to keep his Carmel home.

Despite fending off foreclosure and filing for bankruptcy about 8 months ago, the single father this year expects to lose his home. His bank told him so.

The tough times started in 2003 with a divorce, which led to a steady barrage of court and lawyer fees, custody battles and child-support payments.

Through it all, the 42-year-old webmaster refused to sell so that his two young daughters could stay in the home and community they've grown up in.

"I wanted to keep them there. I wanted to keep the stability," Gordon said recently. "I could have sold the house and moved in with my parents. How does that help your kids?"

Rather than leave the house that he and his wife purchased 12 years ago for roughly $168,000 and split the proceeds - his ex-wife wanted to sell, he didn't - Gordon struggled to keep up the $1,800 monthly mortgage payments.

Gordon got rid of many expenses: he sold his car, got rid of his television, went without hot water during summers and cashed in his retirement fund.

"For me, I'm living with nothing. No cable, no TV," he said. "You basically live with nothing for no reason. I wiped out my 401(k)."

Gordon even refinanced his mortgage to buy out his ex-wife's $80,000 share. That's when things got worse.

At roughly 10 percent, the new loan's interest rate was a few points higher than his previous loan, meaning his monthly payments were much larger.

"They convince you that there's a good reason to take a lousy loan," he said of the mortgage company's sales pitch. "You're talking at least $800 to $1,000 more."

Still, he did it, thinking it was the best option for his children. When he had trouble keeping up with the payments, he filed for bankruptcy. Despite that, his home is being foreclosed and Gordon has moved out.

Unfortunately, Gordon's story isn't all that uncommon. Anyone facing hard times - say a divorce, illness, job loss or a change in finances - could find themselves drowning in a seemingly endless pool of payments.

Throw in the higher interest rates that go along with questionable credit, and people can find themselves in an ocean of debt.

For some, bankruptcy is a way to stop the clock and get control - it can be like being thrown a life preserver in rough waters.

For others, it is a bad decision, one that leaves them feeling ashamed, alienated and left with bad credit.

Bankruptcy is a process, administered by a federal court, intended to help consumers and businesses settle debts under the protection of the court.

There are many forms, and the most common for individuals are Chapter 7 and Chapter 13.

In Chapter 7, one liquidates or wipes out the debt owed. Under Chapter 13, for which Gordon filed, a debtor sets up a repayment plan and the Bankruptcy Court proposes how the debtor will repay creditors. It is managed by a court trustee.

Mark Scarberry, a professor of law at Pepperdine University in Malibu, Calif., and scholar-in-residence at the American Bankruptcy Institute in Alexandria, Va., said Chapter 7 gives no protection against foreclosure, while Chapter 13 does allow a person to pay down a mortgage.

"It's helpful because it allows you to take up to five years to make payments or catch up on missed payments," he said. "You get time to make up on missed payments."

Bankruptcy does not, however, allow you to change the interest rate on a mortgage, he said. Not yet, anyway.

Once a dirty word, bankruptcy filings are creeping back up after a nearly 50 percent drop last year, according to federal statistics.

One factor is subprime mortgages that offer low "teaser rates" before resetting to higher rates a few years into the loan. Many loans are scheduled to reset in the coming years.

"There are a lot of people having trouble with mortgages or are going to have trouble with their mortgages," Scarberry said of subprime loans.

The American Bankruptcy Institute projects that filings will rise 40 percent this year. Filings for the first two quarters of this year were at just over 400,000, or about 130,000 more than the same period in 2006, according to the institute.

To help combat this phenomenon, and to possibly mitigate its ripple effects on the housing market and economy, Congress is discussing several bankruptcy bills that may help people facing foreclosure.

"There is a feeling that a lot of those loans shouldn't have been made," Scarberry said. "There is a sense that some of this is not the fault of borrowers."

Some key provisions being discussed include:

- Having owners pay only what their homes are worth, or a "stripping down" of the mortgages.

- Changing the terms of the mortgages and extending payment length beyond what is currently allowed.

- Allowing the courts to determine the interest rates or allowing a Chapter 13 plan to determine the interest rate.

Scarberry said there are pros and cons to the different plans being discussed, yet the overall goal is to help curb challenges in the real estate market and perhaps allow more people to hang onto their homes.

"There is also a sense that if we have massive foreclosures, it further depresses home prices," he said.

As for Gordon, he knows he'll have financial challenges for some time, yet he is hanging onto a slight chance that new laws will help him.

"I'm still hoping for a Hail Mary," Gordon said. "I'm hoping something bizarre will come out of nowhere."

Real Estate Designers offers totally innovative solutions for your software development, Internet programming, real estate web design and hosting needs. Our service includes domain name registration and real estate web design. Real Estate Designers provides the complete solution including design, application development and marketing.



source: lohud.com

Lawmakers called on to address subprime crisis

As the number of home foreclosures has jumped in recent months, so, too, have calls for lawmakers in both Albany and Washington to address the crisis in the subprime mortgage market.

Legislation that would, among other things, further regulate the mortgage lending industry and provide relief to struggling homeowners has been proposed in both the Statehouse and U.S. Capitol. But so far, only a handful of steps have been put into action to deal with the situation.

"This is the issue that should be on the top of everyone's agenda," said state Sen. Jeffrey Klein, D-Bronx, who has been among the biggest proponents of legislation to address the crisis. "This is it. Even if you don't have a subprime mortgage, even if your house is not ready to be foreclosed upon, we are already seeing an impact on the financial markets."

Those shaky financial markets and an ominous surge in home foreclosures prompted President Bush to announce a series of moves. Chief among them was a change in Federal Housing Administration policy allowing additional low-income homeowners access to government-sponsored mortgage insurance.

"It's not the government's job to bail out speculators or those who made the decision to buy a home they knew they could never afford," Bush said at the time. "Yet there are many American homeowners who can get through this difficult time with a little flexibility from their lenders or little help from their government."

Bush's announcement, which came after critics had accused his administration of ignoring the problem, was welcomed on both sides of the political aisle as a good first step. But it was followed by calls for additional action, especially from Democrats in Congress.

"The federal government has an inherent responsibility to protect homeowners from losing their homes as a result of deceptive marketing," Sen. Charles Schumer, D-N.Y., said. "We need to offer immediate assistance to endangered homeowners in the Hudson Valley and across the country while keeping an eye towards the future and working to reign in unscrupulous lenders."

Schumer, chairman of both the Joint Economic Committee and the Senate's housing subcommittee, has been among the most active lawmakers in pushing congressional action to stem the crisis's impacts and prevent it from happening again.

On Dec. 6, the Bush administration announced another step, a deal with the mortgage industry for a five-year freeze on interest rates on some adjustable-rate subprime mortgages starting Jan. 1.

Schumer and other senators attached an item to a transportation spending bill that provided $200 million in funding to nonprofit agencies that provide counseling to people at risk of foreclosure. The measure could go to the president this week.

Schumer and other lawmakers, including Rep. Barney Frank, D-Mass., are also pushing legislation known as the Promise Act, which raises by about 10 percent the total dollar value of mortgages that Fannie Mae and Freddie Mac - the two federally chartered housing finance companies - are allowed to hold in their portfolios.

By doing so, lawmakers hope to make it easier for struggling homeowners to refinance. Lenders are wary of allowing homeowners with spotty credit to refinance unless they are confident that they can sell those loans to Fannie Mae or Freddie Mac.

The Bush administration, however, opposes raising the portfolio limits for Fannie and Freddie.

Another measure pending in the Senate is the Borrowers Protection Act, which seeks to regulate the actions of mortgage brokers. Among its provisions is a requirement for mortgage brokers to verify the ability of borrowers to pay back their loans before approving the mortgage.

Real Estate Designers offers totally innovative solutions for your software development, Internet programming, real estate web design and hosting needs. Our service includes domain name registration and real estate web design. Real Estate Designers provides the complete solution including design, application development and marketing.



source: lohud.com

Few bargains, many pitfalls at foreclosure auctions

WHITE PLAINS - A small huddle in a corner of the state Supreme Court's lobby would be unremarkable if it weren't the scene of a homeowner's worst nightmare.

It's an almost daily event where monied investors seek profit off of people who have run out of cash. Yet there are few bargains.

"It's very rarely a good day for investment," said Sonia E. Patterson, an associate broker at Regency Homes Realty in Mount Vernon who attended a courthouse auction in October.

Homes financed with little or no money down, evictions, paying off liens and a requirement to pay for an auctioned home within 30 days result in an auction process that shuts out regular people.

"How can you compete with 100 percent financing? You can't bid on a property like that," said Patterson, explaining that a home's outstanding mortgage may be higher than its current market value. Over-financed homes on the auction block are undesirable to investors because they cannot be bought and resold with both a return on investment and a competitive resale price, she said.

There were a few observers among the investors and real estate brokers at foreclosure auctions on Oct. 24 and 25, but buying an auctioned home to resell at a profit is a risky endeavor, some say.

"Unfortunately a lot of people come to these sales that don't understand the foreclosure market and attempt to bid and don't realize that the property either has very little equity or that they failed to come with the proper documents and or earnest money, so the sales don't go forward," said Anthony R. Tirone, a White Plains lawyer who on Oct. 25 auctioned off a Yonkers home at 60 Sherwood Ave. belonging to Paul Cordero.

"The only people who are really making money off these sales are the professionals," Tirone said after the auction.

There's not much help offered at the auction, either.

"People want to ask questions. I'm not here to answer questions. I'm paid by the agents," said Claude Brown, a bank agent who brings the documents for the properties to be auctioned. "This is as if you're buying a used car. You get whatever problems that come with it."

Among the pitfalls of buying a home at auction is that a prospective buyer cannot go in the home. Once a home is purchased, evicted owners, angry over losing the property, could vandalize it.

A foreclosed home can also have liens, judgments or back taxes. Title searches, which cost $450 to $600, generally reveal such debts.

Many auctioned homes are sold to the mortgage lenders, which then turn them over to real estate agents. Sometimes auctioned homes are rebought by their current owners.

During Tirone's auction, Cordero had an associate make a winning bid for the home and put down a 10 percent deposit. Cordero declined to be interviewed about his foreclosure.

Claire Diodato, an associate broker at ERA Insite Realty Services in White Plains, brought an investor client to the Oct. 25 auctions, but the prices were too high for her client.

"She would go up to $250,000 because she thought she could buy it and resell for $350,000," said Diodato, whose client bought nothing.

Tirone said buying and reselling foreclosed homes is not for casual investors.

"The foreclosure market in and of itself requires a great amount of due diligence and effort to understand where it's going and how the properties are sold," Tirone said.

Real Estate Designers offers totally innovative solutions for your software development, Internet programming, real estate web design and hosting needs. Our service includes domain name registration and real estate web design. Real Estate Designers provides the complete solution including design, application development and marketing.



source: lohud.com