Archive for December, 2008

Fixing the Economy

December 11, 2008 8:00 am

In a recent search of interesting topics to blog about, I found an article in the National Multi Housing Council (NMHC) published on November 13, 2008 by Michael Tucker. Mr. Tucker does an excellent job summarizing a Fact Sheet put together by a joint effort from NMHC and The National Apartment Association (NAA). The information in this Fact Sheet is a recap from a recent presentation made by Nobel prize-winning economist Edmund Phelps, Ph.D.


Dr. Phelp’s overview of our current economic state is one of the best I’ve seen. The material is clear, concise and easy to understand….it is “RIGHT ON”. I truly believe that if everyone in America were to read the following article, “We the People” would have a much better appreciation for why we are in this predicament and, as such, collectively contribute to our recovery.


Righting Our Economic Ship: Single-Family Housing Subsidies Are Not the Answer


Lawmakers are under political pressure to “do something” to fix the current foreclosure crisis and stop sliding house prices, but they should act carefully and reject proposals that do more harm than good. While some are calling for a $22,000 home-buyer tax credit, legislation reinstating seller-financed down payments and a federally financed interest rate buydown, lawmakers should understand that these actions will not stop house prices from falling further. And they will not stimulate the economy. In fact, they would waste as much as $112 billion in incentives for people who would have bought a house anyway [1]. These proposals are simply bailouts for the for-sale housing market, the very sector of our economy that helped trigger the global economic crisis.


Lawmakers should take action to help homeowners who can reasonably stay in their houses. That may help reduce the downward pressure on house prices, but they should not enact legislation that entices more unsuspecting Americans into unsustainable homeownership.


They should not create new homebuyer tax credits that encourage and subsidize the purchase of depreciating assets. And they should not return to federally insured high-risk zero-down mortgages, which would happen if the ban on seller-financed downpayment programs is reversed.


The clear lesson for lawmakers from the current situation is that the government should stop pushing people into unsustainable homeownership. Our unbalanced housing policy, with its overemphasis on home ownership, triggered the housing boom abuses and led to the current global economic crisis. Instead of continuing to over invest in one sector of the housing market, lawmakers should take steps to prevent future housing bubbles from happening again by rejecting subsidies and bailouts for the single-family sector.


As Nobel prize-winning economist Edmund Phelps recently explained, “There are good booms. For example, the Internet boom of the late ’90s was a happy time and left lasting benefits. The latest housing boom was different. It buoyed employment, but it proved to be a massive malinvestment that left near-insolvent banks, a credit crunch and an emerging business slump. [2]


Q: Shouldn’t the government step in to stop falling house prices?


A: Even if the government wanted to prop up housing prices, there is no reason to believe it actually could. Leading economists warn that interventions aimed at stopping housing prices from falling further are “likely to be ” and that such “ attempts to artificially boost housing prices are misguided. [3]


As two well-respected real estate economists put it:


“The underlying logic behind these proposals seems to be that since housing price declines are at the root of the crisis, the only way to fix the crisis is to stop housing price declines. This reasoning is as flawed as thinking that the best way to help a roulette addict who loses his house by betting on red is to get at the root of the problem by ensuring that black comes up less often.”


“Unless we were convinced that prices have declined below fundamentally justified levels, and we are not, these interventions are likely to be expensive failures. The banking sector seems badly in need of help, but attempts to artificially boost housing prices are misguided. …The real problem, then, is not the price decline, but the previous price explosion….”[4]


Furthermore, the government should not be using taxpayer dollars to sustain inflated housing prices. Doing so only makes homeownership more unaffordable. Even with the declines already recorded, prices are still much higher than they were six years ago in almost every major market.[4] As a result, millions of Americans remain priced out of the market or are forced to live unacceptably far from their jobs.


Anything Congress does to prevent that market restoration will simply prolong true economic recovery. Instead of trying to prop up the single-family housing sector, lawmakers should focus on trying to stop the explosion of foreclosures.


As Yale University professor Robert Schiller put it: “Years of double-digit price gains put homes out of the reach of many consumers, and a correction is necessary…You either have high home prices or lower home prices and lower home prices are what we want, and people shouldn’t be afraid of that. We want economic growth, we don’t want high home prices. [6


Q: Shouldn’t we “do something” about the fact that there is an oversupply of houses on the market?


A: Oversupply situations happen in every industry. But the housing industry will recover with or without Congressional action, just as it has in past oversupply situations. And why should taxpayers help out an industry that recognized a downturn was coming and still kept overproducing?


As far back as December 2005, National Association of Homebuilders (NAHB) Chief Economist David Seiders said that builders were overbuilding the market. In a 2006 interview, Seiders predicted that “overbuilding, prices that have outpaced incomes, and rising inventories of unsold new and resale homes” would likely lead to house price declines.


The solution to overbuilding is to lower sales prices, not artificially prop them up with federal tax dollars. Indeed, this is already happening in some markets. An October 28, 2008 headline in The Wall Street Journal noted that “Bargain Hunters Help Shrink Housing Glut."[7] When prices return to market levels, buyers will return. Such a “resettlement” will not only restore affordability to the housing sector, it will also put it on a much stronger footing going forward.


Multifamily construction plunged 77 percent (from peak to trough) after the 1986 Tax Reform Act removed tax incentives for apartment investment. That was a far greater decline than the single-family market has ever suffered. The government did nothing to stimulate the apartment sector, and when the industry came back, it came back stronger, dominated by professionally managed firms that understand the cyclical nature of the business and are prepared to weather the inevitable downturns.


Q: Won’t subsidizing house sales stimulate the economy?


A: No. The surplus of unsold houses and condos has already been built. Passing homebuyer tax incentives just help builders move them off their balance sheet. It does nothing to stimulate the economy because it won’t stimulate housing production or create new jobs. At best, the only economic activity generated by these transactions would be fees for real estate agents and mortgage brokers.


It is also a waste of federal tax dollars. Consider, for instance, the fact that the National Association of Home Builders (NAHB) says Americans are expected to buy 5.1 million houses next year without any incentives. Giving these buyers a $22,000 tax credit, as NAHB has called for, would mean $129 billion in wasted subsidy to buyers who would have bought a house anyway.


Moreover, the government should stop favoring specific industries and should instead take actions that truly inject capital into the economy and encourage economic investments that create true wealth and grow the economy. We should invest in infrastructure and technology and new sources of energy.


While it is true that housing is a leading sector of the economy, that does not mean that the upswings and downturns in housing cause the ups and downs of the whole economy. It just means the upswings and downturns in the housing industry occur a little before those of the economy as a whole.


If Congress wants to stimulate the economy, there are actions it can take. But targeting such stimulus to the home building industry will waste taxpayer dollars without accomplishing much and may set off another round of unsustainable building followed by another crisis.


Q: Wouldn’t a homebuyer tax credit help, though?


A: Homebuyer tax credits are an inefficient use of taxpayer dollars. They do not target those most in need (i.e., those in danger of foreclosure) and they provide a subsidy to many buyers who probably would have purchased a house without a tax credit. In other words, the “bang for the buck” is small and the danger of creating taxpayer-funded windfalls for buyers is great.


Furthermore, if the market needs a $15,000 discount to spur sales, firms with new home inventory (and lenders holding foreclosed houses) can simply reduce prices by that amount and be done with it. They can do this today, without any federal assistance. In fact, the real impact of this proposal would be not to increase house sales, but to shift losses from the housing industry onto the taxpayers who rent or who pay their mortgage on time.


Finally, major indicators show that house prices are likely still overvalued by approximately 25 percent. The government should not use tax dollars to encourage citizens to buy an asset that is expected to lose value in the next 12 to 24 months.That would only increase the number of owners who are “underwater.” Already, experts estimate that as many as 1 in 6 owners are underwater in their mortgage, and these underwater owners are at high risk for foreclosure.


A new homebuyer tax credit in a falling price market creates the very real potential of yet another round of underwater sellers, mortgage defaults and foreclosures. Only this time, the government will have directly financed much of the unsustainable homeownership.


The only issue a homebuyer tax credit addresses is the oversupply of single-family houses, which is something best left to the marketplace—not taxpayers—to correct. Lawmakers should instead focus their efforts on restructuring mortgages, an action that actually can help families stay in their houses.


Q: But didn’t a homebuyer tax credit help in the past?


A: A homebuyer tax credit was enacted back in the mid-1970s when the economy was suffering from a recession and inflation at the same time. That credit was limited to seven months and provided buyers a $2,000 tax credit. No such tax credit was enacted in the recession of the early 1980s, which was a much worse downturn for the industry.


There was also no homebuyer tax credit for the recession of the early 1990s, which was as bad as the mid-1970s. The “precedent” for this tax credit is shaky at best, and recent history confirms that the housing industry will recover with or without the help of Congress or the resulting expense to the taxpayer.


Q: What about downpayment assistance programs? I’ve been told that the ban on seller-financed downpayment assistance is further damaging the single-family housing sector and thus the economy.


A: Congress had strong reasons to ban these “circular funding” programs in the housing stimulus bill it passed in July, and those reasons remain in place.


1. These loans are three times as likely to go into foreclosure.


2. The surge of these toxic loans now threatens the financial viability of the FHA and is a contributing factor to the explosion in foreclosures across the country.


3. They artificially inflate housing prices because sellers typically raise house prices to cover the cost of their downpayment “gift.”


4. They perpetuate the failed policy of zero-down mortgages and threaten to extend the housing crisis–or create the seeds of the next one.


5. They push families into unsustainable homeownership and they benefit home builders more than home buyers.
Q: What should we do instead?

A: A sizeable number of these foreclosures are unavoidable because millions of people were pushed into unsustainable homeownership. Congress should focus its efforts on those households who can reasonably afford to stay in their houses.

Lawmakers should direct their efforts to measures that get these loans restructured. Beyond that, if Congress wants to shore up the economy, it should look at proven economic stimulus policies, such as investment incentives for business, investing in our national infrastructure, extending unemployment benefits, issuing general aid to state governments and enacting meaningful energy efficiency tax incentives for commercial real estate



[1] Based on NAHB forecast of 5.1 million housing sales (new and existing) in 2009 x $22,000 tax credit for each sale equals $112 billion in wasted stimulus spending on households who would have bought a house anyway.
[2]
Paul, Katie. “Advice from Seven Nobel Laureates on Fixing the Economy,” Newsweek, October 22, 2008. Available at: www.newsweek.com/id/165189?from=rss.
[3]
Glaeser, Edward L. and Gyourko, Joseph (2008). “The Case Against Housing Price Supports,” The Economists’ Voice: Vol. 5 : Iss. 6, Article 3. Available at: http://www.bepress.com/ev/vol5/iss6/art3.
[4]
Ibid.
[5]
Ibid.
[6]
Schiller, Robert. “Gradual home price drop good: Yale’s Shiller,” Reuters. February 21, 2008. Available at: http://tinyurl.com/5eho9o.
[7]
Hagerty, James A. “Bargain Hunters Help Shrink Housing Glut,” The Wall Street Journal. October 28, 2008.

Upfront Mortgage Modification Fees in Florida

December 9, 2008 3:10 pm

Homeowners need to be leery of any “Foreclosure-rescue consultant” that charges upfront mortgage modification fees. According to Florida Statute 501.1377 only a few entities/organizations are legally entitled to collect upfront mortgage modification fees. So, if the homeowner is dealing with someone or entity that IS NOT an attorney, the existing lender, non-profit organization, HUD (Housing and Urban Development) organization they should NOT pay any upfront fee. A professional in the mortgage business, governed by Florida Statute 494 can charge an upfront application fee approximating up to $1,000.00, but they have to defer the mortgage modification fee until they have earned the fee. A mortgage professional has earned their fee when the mortgage holder has agreed to modify the loan (i.e. issued their commitment to modify the mortgage, etc.)

 

 

In the final analysis, if you are a mortgage professional in the State of Florida and you legally want to play in the game of mortgage modifications, you need to follow Florida Statute 501.1377 if the homeowner is in a foreclosure situation or Florida Statute 494 if the homeowner is seeking a lower loan payment or loan restructure through a mortgage modification. The reality of it is, once the lender has approved the modification, they typically send the modification documents to the homeowner who executes them before the mortgage professional becomes aware that even had been approved. At that point, the homeowner most likely obtained a satisfactory mortgage modification and has zero motivation to pay any additional fees, regardless the terms of the contract. Of course, the mortgage professional can file a claim and take the homeowner to court but who wants to deal with the time and cost associated with that.

 

Unfortunately, it appears as though the State of Florida is sending a clear message that they would prefer mortgage professionals stay in the business of originating loans and not working them out. After all, why would the State solicit the help from a group that contributed to the problem in the first place.

Should a homeowner modify their mortgage?

December 6, 2008 12:35 pm

If you can make your mortgage payment, obviously, you should continue making your payments and never modify your mortgage loan. However, given the current economic environment within the United States, many homeowners are being dealt financial hardships that are severely impairing their ability to pay their mortgage loans. As a result, homeowners are faced with the stress of deciding whether to let the bank foreclose or engage the services of a licensed professional and modify their mortgage loan.

Again, we always defer to the proper and ethical stance, which, when considering the 2 aforementioned options, mortgage modification is the choice that should be made. Not only does a mortgage modification allow the homeowner to stay in their home, it maintains the integrity of the mortgagor’s relationship with the lender and, in most cases, part of the modification agreement consolidates all the late payments and defers them to the end of the loan, which will bring the credit standing for the borrower to a current status.  Additionally, the costs associated with the foreclosure process and the inconvenience of dealing with all related parties further support mortgage modifications as the most “make sense” option.

The next question is, when should a mortgagor/borrower begin the mortgage modification process? Once it is determined that, as a result of the hardship, future mortgage payment will not be made, the mortgagor should begin the process and engage the services of a licensed professional. According to an excerpt from a recent article in the Wall Sheet Journal…”Trans Union LLC said it expects the number of delinquent mortgages in the U.S. to double next year…”. So, considering the backlog right now in the Loss Mitigation area of most banks, it is safe to assume that the length of time to process a mortgage modification will increase significantly. As such, if inability to pay you mortgage loan is imminent, start the process NOW. The sooner you start the process the sooner your lender will realize you are trying to work a mutually beneficial resolution. The sooner the lender realizes you are trying to work a mutually beneficial resolution, the sooner the lender will decide to work with you and NOT begin/complete the foreclosure process.

This is a difficult time for EVERYONE and the only way to manage effectively in these times is to have clear, concise and open communication. Start early, form your partnership with a LICENSED professional and remain diligent.

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Bernanke Says Government Must Step Up Efforts on Foreclosures

December 4, 2008 10:05 am

By Scott Lanman

Dec. 4 (Bloomberg) — Federal Reserve Chairman Ben S. Bernanke said the U.S. government must step up efforts to prevent home foreclosures, with options including buying delinquent mortgages and providing bigger incentives for refinancing loans.

The government could buy “delinquent or at-risk mortgages in bulk,” then refinance them through the federal Hope for Homeowners program, Bernanke said in a speech at a Fed conference in Washington. Congress could also help reduce loan rates and lender insurance premiums, he said.

Each option would require “some commitment of public funds,” Bernanke said, underscoring his position that the central bank alone can’t revive the economy through its interest- rate cuts and emergency lending programs. Foreclosures may begin on 2.25 million homes this year, more than double the pace before the financial crisis, he said.

“More needs to be done,” Bernanke said in prepared remarks to the Fed research conference on housing and mortgage markets. “Policy initiatives to reduce the number of preventable foreclosures should be high on the agenda.”

Bernanke said a loan-guarantee proposal by the Federal Deposit Insurance Corp. has “strengths,” including that the government is involved only if a borrower defaults again. FDIC Chairman Sheila Bair is pressing the Treasury Department to use authority in the $700 billion financial-rescue package to implement the program to spur mortgage modifications.

Cutting Payments

Another option is to have the government share costs when a loan servicer reduces a borrower’s monthly payment, Bernanke said. While this would put a “greater operational burden on the government” than the FDIC plan, it would “build on, rather than crowd out, private-sector initiatives,” he said.

The Hope for Homeowners program, run by the Federal Housing Administration, has signed up few lenders since it started in October because banks must write off a large portion of the loan and pay high fees. The Fed sits on a board that oversees the program.

Bernanke’s proposed changes would go beyond those announced last month by Housing and Urban Development Secretary Steve Preston, who oversees the FHA. The agency will lower the amount of the loan a lender must forgive, allow banks to extend mortgage terms to 40 years from 30 years and give subordinate holders immediate payment for releasing their liens.

Congress could make the program more attractive by reducing the up-front insurance premium paid by the lender, which is now 3 percent of principal, and the borrower’s 1.5 percent annual premium, Bernanke said.

Buying Securities

Lawmakers should also consider reducing borrowers’ interest rate, which may be near a “quite high” 8 percent, he said. That could be accomplished by having the Treasury buy Ginnie Mae securities, or having Congress directly subsidize the rate, Bernanke said.

Last week, the Fed announced a new program aimed at lowering borrowing costs for homebuyers, committing to buy as much as $600 billion of debt issued or backed by government- chartered housing-finance companies Fannie Mae and Freddie Mac.

Separately, Treasury Secretary Henry Paulson is considering a new plan to reduce borrowing rates involving the purchase of mortgage-backed securities issued by Fannie and Freddie, a government official said yesterday.

The Treasury, which already has a program to buy the securities, could step up those purchases to drive down interest rates on some loans to 4.5 percent, the official said on condition of anonymity. The plan is preliminary and could change.

Bush Faulted

The Bush administration has been faulted by Democrats and consumer advocates for failing to take sufficient steps to stem record home-loan foreclosures this year. Federal Housing Finance Agency Director James Lockhart has been prodding private mortgage servicers and bond investors to cooperate with government efforts to modify or refinance loans for troubled borrowers.

Yesterday, the Fed’s Beige Book regional-business survey said residential real estate was running at a “slow pace” across the country, with sales down in most districts.

New-home sales in the U.S. fell in October to the lowest level in 17 years, the Commerce Department said last week, as the credit crunch deprived potential buyers of needed financing. Sales of new homes were down 40 percent from a year ago.

“Residential construction is likely to remain soft in the near term” given high inventories of unsold new homes, Bernanke said today.

To contact the reporter on this story: Scott Lanman in Washington at slanman@bloomberg.net.

Financial News and Information

December 3, 2008 12:55 pm

Today’s move by the United Auto Workers gives GM, Ford and Chrysler a boost as their chief executive officers prepare to testify tomorrow and Dec. 5 on their requests for $34 billion in financial help. Lawmakers have pressed the companies to show how they will survive and repay any government loans.

The proposals sent yesterday to U.S. lawmakers are more than a third larger than a request for $25 billion that Congress set aside last month, and heighten the pressure for action as a deepening auto slump quickens GM’s rush toward a default.

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