Cash Is King in the Housing Market

Current homeowners looking to downsize, upsize or relocate are increasingly using more cash to purchase  their next home.

Despite near record low mortgage rates, homebuyers are finding it advantageous, in the current housing  market to shop with cash. Low returns on money deposited in banks as well as mortgage approval hassles also are pushing homebuyers to consider all cash or mostly cash transactions.


Using cash is a definite way to get discounts when buying distressed properties such as foreclosures or short sales and it's unlikely that the proportion of distressed property will be declining anytime soon.
An enormous number of foreclosures remain in the pipeline and the artificial suppression of that inventory by mortgage servicers has kept the proportion of distressed property lower than it otherwise would be.
Hassles with slow underwriting, accentuated by tardy appraisals, cause some homebuyers to give up on mortgages.

It takes about 60 days to close a ‘non-troubled’ FHA loan. About 30 days longer than it had prior to the housing bubble bursting. Other government insured Fannie Mae and Freddie Mac loans are taking about 45-60 days. Appraisals are also holding things up.

These are the average prices reportedly paid for various types of properties in Florida over the past 12 months :

                              Foreclosure
                    Damaged        Move In Ready               Short Sale                  Non Distressed

Florida         $92,765         $166,155                         $148,716                      $248,575

National       $105,247        $187,415                         $198,054                     $257,338



Looking at these statistics makes you wonder why more buyers and sellers aren't taking advantage of the current opportunities to buy and sell short sales. Many properties that are foreclosed could have been sold earlier as a short sale. In many instances faulty processing of the short sale file by either the borrowers agents or the lenders servicer still make them difficult to embrace. Lack of acceptance by 2nd mortgage holders also contributes to the inability to close a short sale. Typically if Fannie Mae or Freddie Mac are the 1st mortgage holder they will allow a small percentage of the 2nd mortgage balance to that lender. If the 2nd demands more the deal will likely die, opening the door again to foreclosure. Closing a short sale is not impossible. Sometimes the stars align. It requires diligence, communication and patience. Three virtues that actually work.

If you have any questions please call me directly at 561-306-6736 or email me.  I'll be glad to help in any way that I can.

Bank Regulators Set New Foreclosure Rules

May 2011 - Banks are scrambling to meet a mid June deadline requiring them to have plans in place on how they will meet a set of new U.S. Regulator guidelines designed to help clean up the foreclosure process. The banks will have an additional 60 days after that to actually put the plans to work and implemt the required changes.



The new rules reportedly will require a single point of contact for borrowers trying to modify loans or in the foreclosure process. Regulators will also require that "appropriate deadlines" be set for banks to give a decision on wether or not a modification or other foreclosure alternative workout can be arranged. Banks will also be required to ensure that staffing is adequate enough to handle the flood of foreclosures and loan modifications in their systems.



Some banks are already taking steps to implement changes and meet the new requirements before the June deadline. For example, J.P.Morgan Chase has announced that it is developing new software programs that will make it easier for borrowers to track loan modification requests. They also claim to now provide each borrower with a "relationship manager"to help them through the loan modification or foreclosure maze.

Citigroup says that they will provide a "concierge" service that will help guide deinquent borrowers at risk of default. Banks and mortgage servicers will also be required to meet new guidelines from Fannie Mae and Freddie Mac that strive for more loan modifications and stronger efforts to keep homeowners in their homes. Servicers will be required to approach borrowers early and frequently after just one missed payment. Fannie and Freddie will reward the servicers for completed modifications and penalize them for failing to meet timelines in the process.

These changes are presently scheduled to go into effect during the 2nd quarter of this year.

George Sinacori
GES Real Estate LLC

Foreclosure Case Heads To Supreme Court

A South Florida homeowner will have his foreclosure case reviewed by the Florida Supreme Court. Claiming that fraudulent documents were submitted to the court by a law firm handling the foreclosure for The Bank of New York Mellon.



In a case whose outcome could reshape state law the 4th District Court of Appeals has asked the states high court to decide it as a matter of "great public importance". The Supreme Court agreed on Friday April 15th 2011 issuing an order to hear the case.


Roman Pino vs. The Bank of New York Mellon could result in widescale changes to foreclosure cases where there is evidence of fraud in the way that documents have been handled by lenders, servicers and the law firms that represent them. The Appeal Court wrote that in it's request to the high court that "many, many mortgage foreclosures appear tainted with suspect documents".


If the court decides in favor of the homeowner, a resident of Palm Beach County the ruling could affect thousands of foreclosures where there appears to be or there are allegations of fraud and document falsification. This case is being closely watched because The Bank of New York Mellon was represented by a law firm in South Florida that was forced to close last month while under pressure from allegations of fraud, robo signing and false documentation. This firm is one of eight "foreclosure mills" in the state that are under investigation by the State Attorney Generals office for using fraudulent documents. They had handled one in every five foreclosure cases in the state until Fannie Mae and Freddie Mac as well as some lenders, recently decided to
distance themselves from them and stopped giving them business.


The attorney for the homeowner alleged, in this case that his client was the victim of document fraud and that the bank voluntarily dropped the foreclosure case only to refile with another set of documents. He is seeking sanctions againt the lender on behalf of the homeowner claiming that by dismissing the original case they had cut off his fraud claims as well. The Supreme Court should decide if a trial judge should have allowed the homeowners attorney to move forward with fraud allegations before dismissing the case.
 
George E. Sinacori
GES Real Estate LLC

U.S. Home Prices Continue Falling

According to the monthly report known as S&P Case Schiller Home Price Index home values have continued to decline through January 2011 leaving many experts wondering when we may see some signs of stability in housing. The reasons the bleeding has not stopped are obvious.




The overall economy is directly affected by the housing crises. Many jobs are eliminated, retail sales are slower and confidence in the economy is lower than it needs to be in order to sustain any economic recovery. As I've indicated in several previous blogs, an economic recovery may not be possible without a housing recovery. The ripple effect as housing prices continue in a free fall provides no positive influence in the lives of so many people dependant on a healthy real estate market.



Political posturing has resulted in a parade of failed programs at taxpayers expense. The administration promised many things but delivered on virtually none. The creation of Home Assistance Modification Program or HAMP promised to save millions of Americans from foreclosure. "It will give millions of families resigned to financial ruin a chance to rebuild" President Obama said "it will shore up housing prices".  Congress set aside $50 billion for foreclosure prevention and the administration projected that 3 to 4 million homeowners would benefit from loan modifications. To date only a small fraction of those numbers have been realized.

By catering to lenders unwilling to provide any necessary mortgage financing to qualified borrowers the government has shown that it's allegiances are most certainly to the biggest contributors to political war chests and not to so called "main street" Americans. Companies servicing mortgage loans are mostly large banks who regularly lose paperwork and quite possibly advise homeowners to do things that may not be in the best interest of the homeowner. Banks deny many who actually qualify for modifications. In some cases lenders may approve a modification only to proceed with a foreclosure filing, misleading the homeowner. These types of tactics are designed to keep the homeowner paying something while the lender pursues the foreclosure action.

Government official haven't gone after, fined or otherwise cracked down on lenders for not complying with programs that they benefit from. Unwilling to flex it's muscle against the deep pockets in the banking industry none of the promises or projections have materialized.

In order to understand the relationships between government and banks we can take a look at Fannie Mae and Freddie Mac. Two Government Sponsored Entities that together hold most of the financial risk involved with mortgage defaults, were appointed by the Treasury to oversee the banks and the foreclosure prevention programs that the administration rushed into place. Obviously not my idea of an independent overseer. In fact Freddie Mac filed documents stating that imposing penalties may "negatively impact our relationships" noting that some of these are our largest source of revenue in mortgage loans. Well, that may say it in a nutshell. Housing and the economy will struggle until we fix what's wrong with the system. That may require putting people in place who truly have nothing monetary to gain.




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Can Housing & the Economy Recover?

"Oh what a tangled web we weave when first we practice to deceive."

The American economy is hurting with :

-a housing market that barely has a pulse
-extremely high unemployment
-a government swallowing up massive losses from bad mortgages
-billions in bailout money for " too big to fail " shark infested corporations
-banks unwilling too help troubled underwater borrowers
-banks unwilling to help struggling small business owners

All at the expense of the American taxpayer.

Is the tangled web beyond repair ? When do you draw the line and say it's time to start fresh ?




We've allowed our controllers way too much control. Our American dream, our pride, our independence and dignity have been compromised. Yet the dance continues. The song remains the same.

I can think of lots more cliche's while the politics and posturing continue at the expense of hard working poor and middle class Americans struggling to stay afloat.

What would it take to right the ship?

Perhaps it's time to begin to understand that we are entrenched in a system that doesn't work anymore. At least not for most Americans.

The opportunities to address the deterioration of the housing market should have been the number one item on the agenda in heading off the financial crises. We were once a nation dependant on housing, we now are struggling to survive without it. Home ownership which was a brass ring has become a nightmare for many American families. Opportunities for those who may be in a position to buy a home are presently endless. With so many underwater borrowers it becomes a challenge to find the few that are solvent and are wanting to sell. Folks with equity in their homes aren't terribly inclined to compete with the low ball prices of the foreclosure down the street or the neighbors short sale.

Owning a home in America will surely be a privilege in coming years. Even a status symbol much like it was when I was a boy growing up in New York City. Mom and Dad had six of us and we were renters until I was about 12 years old. It didn't mean much to me, but my father was probably as proud of buying that first house as anything he had done before or after.

Today's financially troubled underwater homeowner is truly only a renter with no equity and an out of touch landlord. After all how can you own a home without equity in it? Banks made bad decisions by tempting borrowers with unrealistic amounts of money based on the banks valuation of the real estate involved. Borrowers responded to relentless marketing and reasoning that they were or could be sitting on a pile of cash. The bank of course had little concern after packaging and selling the loans to investors like government sponsored entities Fannie Mae & Freddie Mac. Today these 2 corporations, after being seized by the government, continued bleeding cash to the tune of $150 billion. Oh by the way "seized by the government" at taxpayer expense. After all, anything the Feds do we pay for don't we?

Banks however continue to flourish and boast about improving stock prices and bottom lines while still paying out lavish bonuses. The criminals who created the mess go unpunished and even rewarded. Just look at Countrywide Home Loans for a shining example of these injustices. That CEO sold to Bank of America and bowed out with a fortune while avoiding any criminal charges.

The tangled web is beyond repair. The country needs fresh ideas with humble heartfelt leadership. Our greatest shortcomings may be that we want to believe in someone and that we go through life with tunnel vision. If America continues trying to fix things that can't be fixed simply because it benefits a few than the majority will continue to struggle as a result and we will evolve into a nation without a middle class affecting everything within it.







George Sinacori
GES Real Estate LLC

Higher Mortgage Loan Limits

Higher Fannie Mae, Freddie Mac & FHA mortgage loan limits were set temporarily higher as part of the economic stimulus and recovery initiative. These currently higher limits are due to expire and revert back to the previous lower limits at the end of this year (2009). This week Congress approved a resolution extending the higher loan limits through 2010.



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The resolution, which needs the presidents signature, extends the present loan limits for FHA, Fannie and Freddie through the 2010 calendar year at 125 percent of local median home sales prices, up to a maximum of $729,750 in high-cost areas. The floor for FHA is $271,050; the floor for Fannie Mae and Freddie Mac conforming loan limits is $417,000.

For local median home sale prices in Southeast Florida call me at 561-306-6736 or email rebuygeorge@yahoo.com

Appraisals & The Home Valuation Code of Concuct (HVCC)

On May 1, 2009 Fannie Mae and Freddie Mac implemented the HVCC (Home Valuation Code of Conduct) as a result of government pressures to reform valuation methods related to residential mortgage loans.

The impact of the HVCC has been chaotic. A myriad of inherent flaws with valuations methods has created more downward pressure on housing prices which in turn has contributed to a lagging housing recovery. Not the least among the unintended consequences of the HVCC has been the use of foreclosed and other distressed properties as comparables. Other inappropriate practices indicate that appraisers work in areas where they don't know the market. In many instances the value of comparables is determined by an exterior inspection only because the appraiser is unable to or unwilling to inspect the interior .

The following is an overview of the HVCC.

- Appraiser Selection

All members of the lender’s loan production staff are forbidden from selecting, retaining, recommending or influencing the selection of an appraiser.
Loan production staff consists of:

Individuals who are involved in origination, underwriting, presenting credit offerings for approval and credit decisions Any person who reports to a loan production staff member or is compensated on a commission basis upon the successful completion of a loan.

- Quality Control on Appraisals

Lenders agree to perform quality control tests on at least 10% of appraisals by use of retroactive or additional appraisal reports or other appropriate method.The quality control testing must be performed on randomly selected appraisals The lender must report the findings of the quality checks to the Independent Valuation Protection Institute (IVPI)

- Hotline Notification

Lenders must notify appraisers and borrowers of the IVPI’s telephone and email hotline for complaints concerning any improper or attempted improper influence on appraisers or the appraiser process.Lenders must notify every appraiser of the hotline in a separate letter. Each borrower must be notified of the hotline in a cover letter accompanying the appraisal.

- Effective September 1 2009:

Fannie Mae requires all lenders to obtain a signed and processed Form 4506 from all borrowers at application and again at closing. Form 4506 is an IRS document that allows a lender to verify a borrowers tax returns through the IRS.

According to a report by FAR (Florida Association of Realtors) housing industry groups such as the NAR (National Association of Realtors) and the NAHB (National Association of Home Builders) are calling on federal regulators to address the problematic HCVV and to develop "clear and concise guidance" for the use of foreclosed or distressed properties in appraisals in order to develop more realistic valuations in appraisals based on truly comparable properties.

For more information and updates on the HVCC please feel free to call me, George Sinacori, GES Real Estate, LLC directly at 561 306-6736 or email me at rebuygeorge@yahoo.com