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California Foreclosures – 2010 into 2011

California is one of 5 states which half of the country’s foreclosure activity tooke place in 2010.  These five foreclosure states are: California, Florida, Arizona, Illinois and Michigan. One in 45 households received a foreclosure notice last year.   All together almost 1.5 million households receiving a foreclosure notice and more is expected in 2011 with the Pay Option Arm Mortgage Resets to occur.

Pay Option Arm Mortgage Resets will be a big problem for homeowners in 2011, since many loans will re-cast and mortgage payments will jump, making many of the ARM Mortgages unaffordable.  California was a leading state for the Pay Option Arm Mortgages – Mortage Reset Central. 

With the origination of the Option arm mortgages lender fraud was rampant.  Most of these loan have serious violations in them, including RESPA and TILA violations that homeowners can use to their advantage when dealing with the lenders and servicers.  With a forensic loan audit, the homeowner may use this to negotiate with the bank, or use as evidence in a class action lawsuit against the lender.  Our clients find the forensic loan audit a great investment to fight back against the foreclosure.

Banks repossess 1 million U.S. homes in 2010
By Associated Press
Banks repossessed more than 1 million homes in 2010, marked the highest annual tally of properties lost to foreclosure on records dating back to 2005, RealtyTrac said.  And this year is expected to be even bleaker. “2011 is going to be the peak,” said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home’s value, industry analysts forecast. For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.

For 2010, one in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That’s up 1.67 percent from 2009. The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments. However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.

Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.

The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.

Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions. Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates. One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida. California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates. More than half of the country’s foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.

RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.

Southern California Home Sales Down – Prices Remain Steady

Southern California home sales are down, but San Diego real estate prices remain steady. San Diego Real Estate

Low San Diego real estate sales are attributable to the weak economy, tigher lending standards, lender loan fraud fears, and the ongoing foreclosures.  Foreclosure resales – homes that were foreclosed upon in the past year accounted for 35.1 percent of the resale market in November.  Fears of homeowners sueing their lender for faulty foreclosure process or an illegal foreclosure (servicer foreclosing not the actual lender) has kept resales of foreclosed homes slow. 

But homeowners still need to sell, due to job relocation, change in economic condition, or if they are too underwater (requiring a short sale).  Homes are still selling.  With the right agent and the right price, the home can be sold very quickly.  Get started today.  San Diego real estate market is surviving.

DQNew: Southland Home Sales Dip; Prices Change Little
December 15, 2010

La Jolla, CA—Southern California home sales fell in November to the second-lowest level for that month in 18 years, reflecting the weak economic recovery, a dormant new-home market and tight credit conditions. The median price paid for a home rose above a year earlier for the 12th consecutive month, though November’s gain was the tiniest yet, a real estate information service reported.

A total of 16,208 new and resale houses and condos sold in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties last month. That was down 3.2 percent from 16,744 sales in October, and down 15.5 percent from 19,181 in November 2009, according to MDA DataQuick of San Diego.

A drop in sales from October to November is normal for the season, with the decline averaging 8.1 percent since 1988, when DataQuick’s statistics begin. November’s sales were the lowest for that month since 2007, when 13,173 sold, and the second-lowest since 1992, when 15,446 sold. Last month’s sales fell 26.5 percent below the average November sales tally of 22,047.

In the new-home market, sales were the slowest for a November since at least 1988. In many growth areas the math for builders just doesn’t work: The cost to construct is higher than what buyers can afford or are willing to pay. Often builders can’t compete with the pricing of nearby resale homes, especially foreclosures and short sales.

“The great waiting game of 2010 continues. This is the year when the economy sputtered and a lot of potential home buyers opted to sit tight, especially once the government incentives dried up. Fundamentally home sales remain weak because the job market has been slow to mend and credit policies remain unusually tight,” said John Walsh, MDA DataQuick president. “But with sales this low, for this long, you know there are a lot of people just waiting to jump into the market once they feel the time is right. For many the key signal will be a greater sense of job security. For others the cue could be evidence that home prices have bottomed for good, or that ultra-low mortgage rates are slipping away,” he said. The median price paid for a Southland home was $287,000 in November. That was up 1.4 percent from $283,000 in October, and up 0.7 percent from $285,000 in November 2009. The 0.7 percent annual gain was the lowest since the median began rising year-over-year each month since last December.

The median’s low point for the current real estate cycle was $247,000 in April 2009, while the high point was $505,000 in mid 2007. The peak-to-trough drop was due to a decline in home values as well as a shift in sales toward low-cost homes, especially inland foreclosures. Foreclosure resales – homes foreclosed on in the past year – accounted for 35.1 percent of the resale market last month, up from 34.7 percent in October but down from 39.0 percent a year ago. Foreclosure resales hit a low this year of 32.8 percent in June and, with the exception of a dip in September, have trended slightly higher ever since. The peak was in February 2009 at 56.7 percent, DataQuick reported.

Government-insured FHA loans, a popular low-down-payment choice among first-time buyers, accounted for 36.2 percent of all mortgages used to purchase homes in November, up from 35.8 percent in October but down slightly from 36.5 percent in November 2009. Two years ago FHA loans made up 34.3 percent of the purchase loan market, while three years ago it was just 2.6 percent.

Last month 20.7 percent of all sales were for $500,000 or more, about even with 20.8 percent in October and up from 19.8 percent a year earlier. The low point for $500,000-plus sales was in February last year, when 13.6 percent of sales crossed that threshold. Over the past decade, a monthly average of 26.8 percent of homes sold for $500,000 or more. Viewed differently, Southland zip codes in the top one-third of the housing market, based on historical prices, accounted for 35.6 percent of total sales last month. That was up from 34.7 percent in October and 34.1 percent a year ago. Over the last decade, however, those higher-end areas contributed a monthly average of 37.2 percent of regional sales. Their contribution to overall sales hit a low of 26.2 percent in January 2009.

High-end sales still suffer from tight credit policies. Adjustable-rate mortgages (ARMs) and so-called jumbo home loans have been relatively difficult to get ever since the credit crunch hit more than three years ago. Last month ARMs represented 5.6 percent of Southland purchase loans, up from 5.4 percent in October and 4.3 percent a year ago. However, over the past decade, a monthly average of 38.2 percent of purchase loans were ARMs. Jumbo loans, mortgages above the old conforming limit of $417,000, accounted for 17.8 percent of last month’s purchase lending, the same as in October and up from 15.1 percent a year earlier. But back in 2007, in the months leading up to the credit crisis that began in August that year, jumbos accounted for 40 percent of the market.

Absentee buyers – mostly investors and some second-home purchasers – bought 23.1 percent of the homes sold in November, paying a median $204,000. Over the last decade, absentee buyers purchased a monthly average of 16.0 percent of all homes, while the peak level was 23.2 percent this February. Buyers who appeared to have paid all cash – meaning there was no indication that a corresponding purchase loan was recorded – accounted for 28.0 percent of November sales, paying a median $205,000. In February this year, cash sales peaked at 30.1 percent. The 22-year monthly average for Southland homes purchased with cash is 14.3 percent.

The “flipping” of homes has generally trended higher over the past year. Last month the percentage of Southland homes bought and re-sold within a six-month period was 3.6 percent, down from 3.7 percent in October but up from 3.0 percent a year earlier. Last month’s flipping rates varied from as little as 3.4 percent in Orange and Ventura counties to as much as 4.2 percent in San Bernardino County.  MDA DataQuick, a subsidiary of Vancouver-based MacDonald Dettwiler and Associates, monitors real estate activity nationwide and provides information to consumers, educational institutions, public agencies, lending institutions, title companies and industry analysts.  The typical monthly mortgage payment that Southland buyers committed themselves to paying was $1,136 last month, up from $1,111 in October but down from $1,207 in November 2009. Adjusted for inflation, current payments are 49.3 percent below typical payments in the spring of 1989, the peak of the prior real estate cycle. They are 58.5 percent below the current cycle’s peak in July 2007.

Indicators of market distress continue to move in different directions. Foreclosure activity remains high by historical standards but is lower than peak levels reached over the last two years. Financing with multiple mortgages is very low, and down payment sizes are stable, MDA DataQuick reported.  To get away from it all – go cross country skiing.

Bank of America to Pay $3 Billion in Mortgage Settlement

 B of A – Bank of America Settles Lawsuit Worth $3 Billion in Mortgage Settlement

Countrywide loan fraud
Bank of America Settles Lawsuit

While this does not directly benefit struggling homeowners, it is proof that banks can be held accountable for faulty mortgages.  It is also evidence that Bank of America has not been acting honestly or ethically with the parties of interest – and this includes the homeowners.  Recent conversation with a third party expert on forensic loan audits, stated that Bank of America or BofA pay option arm loans originated by Countrywide are some of the worst they have seen.  Thousands of dollars were overcharged to homeowners.   Join the Class Action Lawsuit against B of A – Bank of America and Countrywide.  Class Action Lawsuit Video.

By Aaron Smith, staff writerJanuary 3, 2011: 11:42 AM ET

NEW YORK (CNNMoney) — Bank of America has reached a $3 billion agreement with Freddie Mac and Fannie Mae to resolve a faulty mortgage loan dispute involving Countrywide Financial Corp.

Bank of America (BAC, Fortune 500) said that it paid nearly $1.3 billion to Freddie Mac and more than $1.3 billion to Fannie Mae on Dec. 31.

The purpose of this agreement is to settle an issue of bad mortgages sold by Countrywide to Fannie Mae and Freddie Mac related to the housing crisis of 2008. The $2.6 billion worth of payments to Freddie and Fannie, combined with potential losses on future repurchases from government-sponsored enterprises, adds up to $3 billion in expenses, according to BofA. A Bank of America spokesman also said it expects to take an additional $2 billion charge to fourth-quarter results from the decline in the mortgage business, bringing the total impact to the company to $5 billion.  “Our goals remain the same: put these issues behind us; focus on serving customers and clients; and continue to help distressed homeowners facing difficult times,” said Bank of America Chief Executive Brian Moynihan.

TARP Funds Used to Help Banks Rather Than Homeowners Revealed

TARP Funds and Homeowners

If you ever thought the government was on our side – out to help us as homeowners, think again.  Recent information revealed that TARP money requested to be used for homeowner assistance was not allowed to be used to help homeowners.  Basically our treasury barred the use of TARP funds – and we set aside to help only banks out.  If that TARP money had been applied to only helping homeowners, where would we be today?  Probably in a lot better shape. 

It just goes to say we cannot expect the government to help us – we need to help ourselves.  Data shows that you are unlikely to get a loan modification, so your choices are either get out of the house using a short sale, or file a lawsuit against your lender for fraud (almost every loan since 2000 has fraud in it – but that’s another topic).  Many are choosing a class action lawsuit - to sue your lender – rather than an individual lawsuit. 

For assistance with your bad loan, give us a call at (619) 631-4545.

From NakedCapitalism:Thursday, December 9, 2010

Treasury Bars Use of TARP Funds to Help Borrowers Facing Foreclosure

 If you had any doubts about whose side the Administration is on, this story should settle all doubts.

From the Nation:

Consider this: the recent Fed audit revealed over $3.3 trillion in emergency assistance to the banks and other corporate behemoths during the financial crisis–no strings attached…. Then consider the 19 states which are recipients of the Hardest Hit Fund (HHF)–a portion of TARP money set aside to help homeowners in states struggling with the highest unemployment rates and steepest declines in the housing market.

Some of those states, including Ohio, let Treasury Secretary Tim Geithner know as far back as this past spring that they wanted to use some of those funds to assist legal aid groups that help individual homeowners…. Treasury solicited the opinion of an outside law firm, Squire, Sanders & Dempsey. Never mind that the firm’s clients include BB&T Corporation and payday lender CNG Financial Corp. The firm said, in essence–sorry, no can do on the legal aid. Not permitted under the TARP. Huh? Hold on a sec–is this the same TARP that granted the Treasury Secretary all those “extraordinary powers” to protect people’s home values, preserve home ownership, promote economic growth, etc.?

Yves here. The skepticism is well warranted. This isn’t an area in which a law firm would have much (any) liability on an opinion. Ergo, a combination of Treasury body language and selection of the firm would have determined the outcome. Besides, the TARP explicitly put the Treasury secretary above the law. So why is Treasury even getting an opinion? This is clearly an exercise in creating an excuse for an action it wanted to take.

The article also details actions by Rep. Marcy Kaptur and Sen. Sherrod Brown to reverse the Treasury action. Kaptur has introduced a bill (HR 5510) to amend the Emergency Economic Stabilization Act of 2008 to enable nonprofits, both counseling firms and law firms, to receive TARP funds to help single family homeowners to prevent foreclosures. Brown introduced a parallel measure (S 3979) in the Senate. Please contact your Senators and Representative and ask them to cosponsor these measures. And annoy Treasury by calling or e-mailing them (try the Domestic Finance and Economic Policy contacts) to tell them they are on the wrong side of this issue.

Bank of America Being Sued for Fraud by Attorney Generals

 Bank of America and JP Morgan Chase are being investigated for servicing fraud against homeowners looking to modify their loans.  Attorney Generals in Arizona and Nevada have filed a lawsuit against Bank of America in December seeking major fines against Bank of America for lying to, and misleading millions of homeowners.  This is in addition to all the other fraud recently uncovered by mortgage servicers, setting up homeowners to lose their homes.

Mortgage fraud on the servicers and lenders part is rampant.  A forensic loan audit can uncover this fraud.   Many homeowners are seeking their own damages with a Class Action Lawsuit - by suing your lender.  Class Action Lawsuit Video.

Don’t sit back and let the lenders and servicers take away your rights.  Take action today!

SAN FRANCISCO | Fri Dec 17, 2010 5:32pm EST By Dan Levine

SAN FRANCISCO (Reuters) – The states of Arizona and Nevada sued Bank of America Corp on Friday, accusing the largest U.S. bank of routinely misleading consumers about home loan modifications. The two lawsuits, filed by each state attorney general in Arizona and Nevada state courts, seek potentially massive fines against the bank and compensation for customers. Arizona accuses Bank of America of violating a 2009 consent judgment in which it committed to widespread home loan modifications. The bank failed to follow through, leaving borrowers in limbo, according to the suit. The bank is also accused of violating the state’s consumer fraud act.

Arizona is seeking $25,000 per violation of the consent decree, and up to $10,000 for consumer fraud breaches. Both states also ask that Bank of America pay restitution to customers.

The lawsuits could complicate Bank of America’s efforts to quickly resolve inquiries into its mortgage foreclosure practices. The probes include a 50-state investigation that is also looking at JPMorgan Chase & Co, Ally Financial and other major mortgage servicers. Last month Bank of America Chief Executive Brian Moynihan said a quick settlement of the 50-state probe would be the best solution for all involved.

Arizona Attorney General Terry Goddard, who is on the executive committee of the 50-state investigation, recently lost a run for governor in Arizona. Nevada Attorney General Catherine Cortez Masto won reelection this past November. “This was an opportunity for the two states which have felt the biggest impact of the foreclosure crisis to stand up and say, ‘This has got to stop,’” Goddard said in a phone interview.

Bank of America Home Loans spokesman Dan Frahm said the company is disappointed Goddard filed the suit during his last days as attorney general, and that the bank would continue to work with the multi-state process. “That is the approach that will best broaden programs for homeowners who need assistance,” Frahm said in an email. Iowa Attorney General Tom Miller, who heads the multi-state probe, said the legal activity “neither changes, nor dilutes, the strong and resolute multi-state effort to address serious problems that have been identified with a number of mortgage servicers.”

Mortgage servicers have come under fire in recent months for abuses of the foreclosure process. In another foreclosure probe, the U.S. Securities and Exchange Commission sent out a fresh round of subpoenas last week to big banks including Bank of America. Bank of America temporarily halted home repossessions in October as it reviewed its internal processes.  James Tierney, director of the National State Attorneys General Program at Columbia Law School, said it would be difficult for incoming Arizona AG Tom Horne to simply withdraw the lawsuit when he takes office. But if Bank of America cuts a deal with the multi-state investigation, Horne could decide to endorse it and argue against continued litigation. “That’s perfectly fine,” Tierney said. “That’s what AGs do.”

According to Goddard, Bank of America representatives contacted Horne in a bid to head off a lawsuit. Goddard called the outreach “highly inappropriate,” and said Horne took the same position.  Frahm said he was not aware of those interactions, and Horne did not respond to requests for comment. In 2009 Bank of America agreed to a consent judgment over home loans made by its Countrywide unit. The bank committed to loan modifications which it valued at roughly $8.4 billion nationally, the Arizona lawsuit says. The company violated the judgment by failing to make decisions on loan modifications, according to the suit. Bank of America also misled consumers by telling them that their modifications were declined because investors in mortgage-backed securities had not approved them, even though in some cases no such permission was necessary, the lawsuit says. Bank of America shares closed up 5 cents at $12.57 on the New York Stock Exchange.

The case in Superior Court of the State of Arizona, County of Maricopa is State of Arizona v. Countrywide Financial Corporation et al, 2010-033580. The case in District Court for Clark County, Nevada is State of Nevada v. Bank of America Corp. et al, 10-631557. (Reporting by Dan Levine; Editing by Steve Orlofsky, John Wallace and Richard Chang)