My favorite online news source, The New York Times, ran a story today “Dubious Fees Hit Borrowers in Foreclosures” in which the writers interviewed Katherine M. Porter, associate professor of law at the University of Iowa. In a review of many loans that are now going into foreclosure, Porter found that questionable practices among lenders are leading some experts to contend that lenders are taking advantage of higher-risk borrowers and those facing foreclosure.

“Because there is little oversight of foreclosure practices and the fees that are charged, bankruptcy specialists fear that some consumers may be losing their homes unnecessarily or that mortgage servicers, who collect loan payments, are profiting from foreclosures.

Bankruptcy specialists say lenders and loan servicers often do not comply with even the most basic legal requirements, like correctly computing the amount a borrower owes on a foreclosed loan or providing proof of holding the mortgage note in question.

“Regulators need to look beyond their current, myopic focus on loan origination and consider how servicers’ calculation and collection practices leave families vulnerable to foreclosure,” said Katherine M. Porter, associate professor of law at the University of Iowa.”

You may be asking what this means to you in Palo Alto, happily making your payments on your $1+ million mortgage on your $2.4 million median priced home (no, that isn’t a typo!). As Mortgage Manics have heard me say before (OK, read), national lenders use a mostly one-size-fits-all approach to lending, meaning that practices and guidelines that are developed and applied to home buyers in Iowa, Tennessee and Colorado are also applied to us here in Silicon Valley. As a result, if you are reading about unscrupulous practices and excessive fees by national lenders that are being exposed in areas with high foreclosure rates, you may want to check the fine print on your mortgage and see what you are paying for in addtion to PITI.

In addtion, Porter found that lenders didn’t provide accurate payoff amounts for their loans to consumers, with one claiming they were owed $1,000,000 when the actual payoff amount was $60,000. That must be that fuzzy math stuff . . .

Countrywide was recently sanctioned by a court in Pittsburgh for losing or destroying over $500,000 in checks between December 2005 and April 2007 for homes in foreclosure. These are the companies holding the title to our homes, so we need to keep an eye on them.

You can read the full text of the article here.

On that happy note, have a great week, and thanks for reading.

Tags: 4---mortgage-mania, 94301, 94303, 94306, bay-area-real-estate, Countrywide, Home buying, Loan-Application, Preapproval, Prequalification, Real estate, real-estate-market, real-estate-prices

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Dsiclaimer: The following post is based on a presentation by Christopher Thornberg, an economist at Beacon Economics, that I attended last night, courtesy of my accountant, Tom Wagstaff of Petrinovich, Pugh and Co. This is a departure from my normally upbeat view of the local economy, and fortunately they re-opened the bar following the presentation for all the Realtors in the audience to drown their sorrows.

Economist Chris Thornberg showed some pretty convincing evidence for his expectation that housing prices will fall between 20% and 25% over the next couple of years, primarily because the ratio of home prices to incomes is higher than anytime in history, almost double the peaks in previous economic cycles. Gloom and doom for an hour, ah it brought tears to the eyes of many a Realtor in San Jose. Smugly I said, ” . . .but I live and work in Palo Alto, land of Stanford, Venture Capital, Facebook and Google! Sushi on every table and a BMW in every driveway! We are our own little world here, so we don’t have to worry about the housing market meltdown in Nebraska, or even the East Bay.”

Not so fast. The lastest housing boom has been driven by increasing housing prices, driven in part by cheap credit and loans. More people got these loans, bought more expensive houses, so the demand for these loans went up, and the cycle accelerated.

Now the appreciation is going the other way (flat to negative), and the equity that has driven consumer spending over the last few years (cash out refi = new boat), has gone away (bye, bye boat, and house!).  Thornberg forecasts that the subprime meltdown will be followed by Alt - A defaults (already happening) which will pull down the high-end markets from below (that would be Palo Alto, Los Altos, etc.). Even if the Fed were to reduce interest rates to 0%, it wouldn’t fix this mess. Much like last night’s temblor in San Jose, Palo Alto will be on the periphery of this shakeup. We won’t be knocked flat, but we will rock and roll a bit, and not in the fun way. Sigh . . .

To add to the gloom, I have been attending recent forums for candidates for Palo Alto City Council. Whether the topic is Palo Alto’s aging libraries, or green initiatives, the same topics keep coming up: Infrastructure, Schools, Tax revenue.

If you live or work in Palo Alto, I highly recommend you take an interest in the upcoming City Council race and the issues the candidates are raising. You can learn more about the issues and candidates on the Palo Alto Weekly website.

Happy Halloween!!

Tags: 4---mortgage-mania, Buyer and seller tips, Countrywide, Facebook, Google, Google Analytics, Home selling, Loan-Application, Option ARMs, Preapproval, Prequalification, Real estate, real-estate-market, real-estate-prices

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If you are a reader of The San Jose Mercury News, or any other paper or media outlet, you know that there is a growing issue associated with home buyers who purchased their homes using subprime loans and are now facing foreclosure as they are unable to keep up with their payments when their rates adjust.

On Sunday, March 17, the San Jose Mercury News ran an article describing how an agent and lender with Century 21 Su Casa Realty violated a number of lending laws and ethical guidelines to get people to purchase homes which are now in foreclosure, in some case because the buyers couldn’t even afford the first payment.

While it is a stain on the already tarnished image of Realtors, it is easy for us in Palo Alto to say ‘what a shame, it won’t happen here’, or words to that effect. But, what is the effect of this issue on homebuyers in Palo Alto and the surrounding communities?

Rachel Van Emon with OPES Advisors, a financial services firm with offices in Palo Alto and San Mateo, recently sent me an article that discusses the effects of impending legislation and revised lending guidelines that will affect the ability of buyers to qualify for products like the interest only loans that so many of us use to buy our million dollar teardowns in Palo Alto and surrounding communities.

The highlights are:

• The Department of the Treasury has issued a Guidance on Guidance on “Nontraditional Mortgage Product Risks.”
• The Guidance specifies “nontraditional” as those loans allowing the deferment of principal and/or interest payments – not just sub-prime loans.
• The Guidance states that borrowers for these products are to be qualified at the “fully amortizing and fully indexed payments.” This means that qualifying payments will be bigger, and it will take more income to qualify.
• The new guidelines are to be in effect by 9/07. Some lenders have already adopted them, and many more will do so in the coming months.
• Virtually all lenders have cancelled their programs allowing 100% financing on a Stated Income basis.
• Guidelines have tightened around lending when other “risk factors” are present such as 100% financing, low reserves, high debt-to-income ratios and condo properties.

In short, it’s going to be harder to pay for that million dollar teardown in Palo Alto starting now, and especially in September.

The big question is whether these changes in lending laws will cool the red hot housing market we are currently enjoying, or if the Valley’s amazing ability to generate disposable incomes and wealth will overcome another hurdle to home ownership. Stay tuned . . .

The entire article is posted for your reading pleasure. Click here to view it.

Tags: Bad-Realtors, Century 21, Crooked-realtors, Deceptive-realtors, Dirty agent tricks, Financing-Process, Loan Application, Loan-Application, Mortgages, Negative Amortization, No Documentation (ND), No Income No Assets (NINA), No Ratio (NR), Option ARMs, Palo Alto, palo-alto-real-estate, Preapproval, Prequalification, Real estate, Realtors who give the business a bad name, Stated Income Stated Assets (SISA), Stated Income Verified Assets (SIVA)

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Yikes! What do all these acronyms mean, and which one is the best type of financing for your? For most homebuyers (and their realtors), they don’t care how the loan gets done, they just want it done – with as little work and hassle as possible. Behind the scenes, lenders are actually getting very creative in the types of documentation programs that they require (or waive). Some of these variants may make a difference on the pricing, speed and riskiness of the transaction, so it’s a good idea for all parties to become at least a little bit familiar with these strange acronyms.

GLOSSARY:

FD – Full documentation. The crème-de-la-crème of real estate financing, and the most traditional documentation type. Borrower provides full income documentation (2 pay stubs, 2 W2s or 2 years tax forms for all borrowers) and full asset documentation (2 months full statements of all accounts used to qualify assets). Traditionally this is the documentation format with the best pricing.

Minimum/Reduced Documentation types:

SIVA – Stated income verified assets. This has become one of the most popular documentation formats, especially in cases where a fast escrow is needed. Borrower states his/her income but does not have to provide any documentation. Asset document is still needed, but only to show a set amount of reserves. This format is popular among hi-tech executives because of the variable components of their income – bonus, patent pay, ESPP, stock pay, etc. – most of which are highly variable and changes each year, so it’s difficult to document it without inviting unnecessary underwriter scrutiny. While it is technically one step down from FD, most A paper lenders have exceptions where if the borrower’s credit score is high enough, they will accept SIVA documentation and still offer FD pricing. Hey, you CAN have your cake and eat it too!

SISA – Stated income stated assets. You guessed it, in this format, the borrower simply states the income and asset on the loan application, and off it goes. No documentation needed! This makes everyone’s job easy – borrowers, agents, brokers, lenders. Again, this type of reduced documentation usually comes at a slight rate penalty, but with a high enough credit score, I have a number of lenders who can and will waive these penalties. So, for someone with good credit, they can zip through the entire loan process with a SISA submission, and still get the lowest rates on the market. The only thing to be careful about is that SISA guidelines are more conservative when it comes to the amount of money that you can borrow. So, as you approach the higher purchase price (over $1M), super-jumbo loans (loan amounts >$1M) and/or high CLTV (combined loan-to-value of over 85%), SISA loan types may place limitations that FD loan types don’t have.

NR – No Ratio. This reduced documentation type actually fits between SIVA and SIVA. In this program, you don’t provide any income information; you don’t even state a number on the loan application. However, you do provide asset documentation. As you know, in the loan business, cash is king. So, if you have good credit and enough reserves in the bank, underwriters may not care what your income is. So, instead of exaggerating and trying to state an income that is simply not true, it is much safer to go the route of No Ratio. In fact, stated income have been so abused by so many brokers that lenders are cracking down on stated loans and starting to look carefully at the income stated and job type. They will do a sanity check and if the numbers don’t make sense, the loan WILL NOT GO THROUGH. No Ratio is becoming popular because it allows the real estate team to close a transaction as fast as a stated loan, without the increasing risk with the underwriters. Even though the borrower normally has to a pay a small premium for a No Ratio loan, this is a small price to pay when compared to fraud and the risk of losing the escrow deposit when the loan doesn’t come through under another program type. Make sure you discuss with your financing advisor the pros/cons of using stated vs. no ratio on your loan program. As a realtor, you should also be sure that your financing partner is up to speed on the recent mortgage market developments, and not prone to forcing a loan through a stated program where it will ultimately fail and result in avoidable risk and agony to your hard-won transaction!

No Documentation Types:

NINA – No Income No Asset. In this documentation type, borrower provides no documentation, and leaves the income and asset sections blank on the loan application. In other words, borrower discloses absolutely no information about himself/herself except for his/her credit history. The one thing that lenders will verify verbally is employment. They will call the company if the borrower is a W2 employee, and will require a CPA letter if the borrower has been a self-employed individual for at least two years. Other than this, the entire loan decision is made on credit-worthiness. Obviously, pricing will be quite a bit higher than FD or the stated programs. Again, cash is king; so if you are putting enough money down, say at least 35-40% down payment, then your pricing would likely be similar to a FD loan!

ND – No Documentation, or No Income No Asset No Employment. This loan type is generally geared towards retired individuals, or borrowers in between jobs, or just starting out on their own business. Nothing is provided and nothing is considered by the lender except for the credit report. Normally, there is a ceiling on how high the loan amount can go, and how high the LTV (loan-to-value) can be, as these types of loans are perceived to be most risky for the lender. This generally will require a healthy down payment to ensure that the borrower has enough equity at stake and most likely will not default on the loan.

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Now, you ready for the quiz? In reality, the only person who needs to know all these formats cold is the mortgage specialist. A good mortgage specialist will know exactly which format, or formats, would best fit his/her client’s situation right after the initial discovery interview. S/he will use this information to help guide the pricing and initial preapproval process, and guide his/her clients to prepare the proper documentations on time. Neither the client nor the agent really need to know about the various loan types. What they need to be sure is that they have a mortgage specialist knowledgeable of all of the new and old documentation types so that the loan can be packaged in a way for minimum underwriting risk and maximum speed to close. Also, if you are an agent who tends to work with busy executives, or families with small children, it also helps to work with a mortgage specialist who is experienced enough to obtain a SIVA or SISA approvals without any pricing penalties to save your clients valuable time – who wants to spend time collecting statements and other documentation when they could be shopping for their next house?

Tags: Buyer and seller tips, Documentation, Financing-Process, For buyers, Full Documentation (FD), Loan-Application, Mortgages, No Documentation (ND), No Income No Assets (NINA), No Ratio (NR), Preapproval, Real estate, Stated Income Stated Assets (SISA), Stated Income Verified Assets (SIVA)

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