Foreclosure Sales

San Diego Foreclosures Rise Steeply in January 2011

A report today in the Union-Tribune / Data quick estimates that foreclosures have risen fast in San Diego. You can stay in control and not be foreclosed on by short selling your home.

[button_round color="blue" url="http://troubledpropertysolutions.com/short-sale-your-home/"] Stay in Control – Short Sale Your Home (Click Here) [/button_round]

Foreclosures and mortgage defaults in San Diego County both increased in January, after three consecutive months of drops, Wednesday’s DataQuick Information Systems numbers show. The upticks could signal an incoming wave of distressed properties coming onto the market in coming months, experts said.

Foreclosures rose to 959 in January from 715 in December, a 34 percent increase, the largest monthly jump since December 2009. Year-over-year, foreclosures fell from 986 in January 2010, or 2.7 percent.

There were 1,548 mortgage defaults in January, up slightly from 1522 in December, or 1.7 percent. Year-over-year, that number is down from 1,741 in January 2010, or 11.1 percent.

DataQuick spokesman Andrew LePage said the monthly jump in foreclosures could partly be due to “a little catch-up” after some banks froze foreclosure activity following discoveries of robo-signing, the practice of approving loan paperwork without proper review.

LePage added that monthly fluctuations in both data sets are normal given factors such as the role of government mortgage programs, lender log-jams and new housing laws, he said.

“We don’t expect any smooth trend lines going forward,” LePage said. But there’s “more catch-up to come,” he said.

Bob Kevane, president of the San Diego Association of Realtors, agrees more foreclosures are in the pipeline.

He’s heard local lenders saying they plan to stop delays in foreclosure processes and complete more of them this year, leading him to believe foreclosures will increase at the rate seen last month.

In DataQuick’s previous report in December, foreclosures and default notices in the county fell to their lowest levels in three years. However, industry experts warned not to read too much into that, given the expectations of a shadow inventory of distressed homes and an increase in short sales.

[button_round color="blue" url="http://troubledpropertysolutions.com/short-sale-your-home/"] Stay in Control – Short Sale Your Home (Click Here) [/button_round]

In Ohio, and increasingly other states, judges are stepping up to the plate and questioning the lender’s right to foreclose.  After all the fraud, including “robo signing” state and federal courts are now looking much closer at the documents and the lender’s ability to foreclose.   This is particularly encouraging, but for many who are in states where there is no judge to rule over foreclosure proceedings, it’s still a fight.   Ohio residence are lucky enought to have a judge question the documents. 

Still for many, banks are unwilling to help homeowners, and the only way to force their hands is to take legal action.  For more details on the fraud, and what you can do about it click here watch these videos:  Lender Fraud.

Ohio Judges Halt Foreclosure Proceedings In Fraud Search
The Huffington Post Yepoka Yeebo First Posted: 01/31/11 11:09 AM Updated: 02/ 1/11 03:52 PM

Three Ohio judges are forcing lawyers to double-check foreclosure documents.  Judges in Franklin County, Ohio, are making lawyers verify documents for residential foreclosures, and asking lawyers to sign certifications that verify that clients said the documents were accurate. The Columbus Dispatch reports:

The judges told the lawyers that they must “personally certify the authenticity and accuracy of all documents” in support of a residential-foreclosure filing. If a lawyer doesn’t comply, the judge will not grant a motion for default or summary judgment, but will instead schedule the case for trial. Lawyers are arguing that the order forces them to reveal communications protected by attorney-client privilege, and are fighting the order, the paper said. “Before we sign off on foreclosures, we want to make sure we are diligent in confirming the accuracy of those filings,” judge Kimberly Cocroft told the Dispatch. “It’s a life-changing event.”

The move is a response to families being fraudulently foreclosed on, after it was revealed that mortgage providers and law firms failed to follow procedures. Bank employees in mortgage departments inundated with foreclosures say they signed foreclosure affidavits without reviewing the cases, or in some cases, without even looking at the documents — earning the label “robo-signers.”

In October, regulators from all 50 states launched an investigation into possibly deceptive foreclosure practices that may have illegally evicted families from their homes. The investigation has found families who were not in default foreclosed on, and lenders foreclosing on loans they did not hold.

Lawyers in New York State have been required to check that foreclosure documents are accurate since October. In Nevada, judges are blocking foreclosures by Bank of America-owned companies after complaints that homes are being fraudulently foreclosed on.

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.

For those completing a short sale in San Diego, or a short sale anywhere in California, the passing of SB 931 in the California Senate now bans all lenders from issueing a deficiency judgement against the homeowner after a short sale.  This applies to all first liens on upside down homes, but unfortunately it does not apply to second liens that are sold during the short sale process. During a short sale in San Diego, many homes both have first and second loans on them, and both lenders have to take a loss during a short sale to complete the transaction. 

Read about the ban on deficiency judgements in California:  SB 931.

This is good news for San Diego homeowners looking to short sale their property.  San Diego short sales are now less risky for homeowners!

HAFA

by Fred on February 28, 2010

From David Streitfeld at the NY Times: U.S. Housing Aid Winds Down, and Cities Worry

Streitfeld discusses the Fed’s MBS purchase program (95% complete and scheduled to end next month), the housing tax credit (contracts must be signed by the end of April, and deals closed by the end of June), and the slight tightening of FHA requirements.

Here is a list compiled in December of many Government housing support programs. Some have already ended (like the extension of the HAMP trial mods on Jan 31, 2010), and, as Streitfeld noted, others will end over the next few months.

One program that is being ramped up is Home Affordable Foreclosure Alternatives (HAFA: short sales and deed-in-lieu) that starts on April 5, 2010.

A few stories of interest …

  • Press Release: Citi to Pilot Foreclosure Alternatives Program to Help Distressed Borrowers

    In exchange for the deed on their property, CitiMortgage will allow borrowers to stay in their homes for a period of up to six months. At the end of the six months, the borrower will turn over the property deed to CitiMortgage, and CitiMortgage will provide a minimum of $1,000 in relocation assistance to the borrowers. Citi will also provide relocation counseling by trained professionals and will cover certain monthly property expenses if Citi determines that the borrower can no longer afford them. Payment of utilities costs will be the responsibility of the borrower. Other costs incurred by the borrower, such as homeowner’s association and escrow fees, will be determined on a case-by-case basis considering the borrower’s specific financial circumstances. As part of the agreement, borrowers must maintain the property in its current condition and agree to bi-monthly meetings during which trained relocation professionals will help the borrower prepare for the next chapter of their lives.

    This is a pilot program, but this is part of the short sale / deed-in-lieu movement that will be a huge story this year. This is being driven by the Treasury’s HAFA program – and this is why I think foreclosures will be down in 2010, but total distressed sales up. Although Citi doesn’t mention it, HAFA requires a full release of the debt and waiver of all claims against the borrower.

  • The TARP Congressional Oversight Panel put out a report today on Commercial Real Estate (CRE): Commercial Real Estate Losses and the Risk to Financial Stability. This isn’t anything new, but it provides a good overview of the CRE issues.
  • On Greece. As expected there was a political announcement of support today, but few details. From the NY Times: Europe Commits to Action on Greek Debt

    European leaders … promised “determined and coordinated action” to safeguard the euro as they sought to persuade jittery bond market investors that Greece would not be allowed to default on its government debt.

    Further work by finance ministers on assistance for Greece, and the conditions that would be attached to any aid, will take place early next week.