Monday, November 28, 2011

HOLIDAY FORECLOSURE STRESS?





The Foreclosure Defenses Network Team is NOT a mortgage modification or workout company. We know that many of you may have already tried to work with your lender.
Our focus is to dispel the many myths and inaccuracies that are circulating around the foreclosure topic. We have brought together a group of professionals that truly want to help people. They have seen the misdeeds of the banking and lending industries. Everyone that is affiliated with the network knows that with the right about of effort, knowledge and direction they can help people strategically rebuild their financial future.
Giving Hope and Peace of Mind by using Financial Management Alternatives is the networks goal.
Many, but not everyone is currently struggling to make their mortgage payments financially. Some people are wondering what if anything can be done with one simple fact:
WE OWE MORE ON THE PROPERTY THAN IT IS CURRENTLY WORTH
Now what? There are MANY alternatives and strategies you can use if you know about them.
Call us for a free consultation:

847-356-1564

Is your foreclosure eligible for review?

Step One begins in the effort to redress foreclosure abuses as independent auditors scour 14 banks' foreclosure files. Find out if yours qualifies.
By MSN Money partner on Mon, Nov 28, 2011 8:18 AM

This post comes from Marilyn Lewis at MSN Money.

Are you one of 4.5 million mortgage borrowers whose home -- it has to be your primary residence -- was in "any stage" of the foreclosure process in 2009 or 2010? If you were hurt financially by bad bank behavior, this could be your chance to tell your story and get help.

Independent auditors now are reviewing foreclosure cases covered by an April enforcement action by federal agencies against 14 banks and mortgage servicers, the companies that send borrowers their mortgage statements and collect their payments.

The Office of the Comptroller of the Currency, the Federal Reserve and other agencies are requiring banks that violated consumer protections, causing "financial injury," to fix or redress them. That apparently includes robo-signing, says MarketWatch columnist Lew Sichelman.

Are you eligible for review?
There could be a lot at stake for you, MarketWatch explains:
If the auditor identifies instances of financial injury or harm, servicers will be required to develop a remediation plan and make appropriate restitution. You may not be able to get your house back if it has already been repossessed, but you could be eligible for a monetary settlement. And the payout could be substantial.

You're eligible for the review only if:
Your bank is one of the 14 and their affiliates.
Any type of foreclosure action at all was taken against your home in that two-year period.
The independent auditors are supposed to identify "which borrowers (were) directly affected by fraudulent and messy practices," HousingWire says.

This Q&A, at the OCC site, explains the basics. Here's the Independent Foreclosure Review site, set up to help consumers.

HousingWire names the auditing companies and the banks they're assigned here.

If you're eligible, you're supposed to get a letter by mail before Dec. 31 with information, directions and a form to return. The form has to be postmarked by April 30, 2012.

Get the details
Have questions? Haven't received a letter and think your loan is covered? Unsure who your servicer is? You can call 847-356-1564



HousingWire describes how the auditors are tackling the job and what they're looking for:
The reviews will determine whether the servicer or attorney properly documented ownership of the mortgage and whether it was done under state and federal law. The consultants will determine if a foreclosure sale occurred while the borrower was in a modification or under consideration for some other loss-mitigation tool, such as a short sale. The reviews will cover any inappropriate fees charged outside of state or federal law.

Interestingly, the consultants will also check to see if guidelines for HAMP and even the banks' own proprietary program were followed correctly.

Then, the review will seek to determine if any of these errors or misrepresentations resulted in direct financial injury.

The review process is described in detail in a newly issued OCC report, "Interim Status Report: Foreclosure-Related Consent Orders,"

Industry still "profoundly" plagued
MarketWatch quotes Raj Date, "de facto head" of the new Consumer Financial Protection Bureau, as saying that the mortgage-servicing sector still is "plagued by pervasive and profound consumer protection issues."

The bureau "is working with other federal and state regulators to develop 'common sense' national mortgage servicing standards," but can't really get moving until the state attorneys general finish their separate, drawn-out negotiations with banks over foreclosure practices, MarketWatch writes.

Fox Business reported in October that President Obama has been trying to get the states and banks to wrap up an agreement:
People at the big banks say the Obama Administration is prodding the state AGs, led by Iowa's Tom Miller, to agree on a deal that is currently on the table that calls for fines and revised mortgage foreclosure practices -- but also limits banks' liability on legal action.

Friday, November 25, 2011

Rich Neighborhoods Riddled With Foreclosures

Victoria Gotti, the reality TV star and daughter of infamous mob don John Gotti, made headlines in 2009 as the latest high-profile homeowner facing foreclosure. According to the New York Post, Zillow.com and others, she had stopped making mortgage payments to lender JP Morgan on her Long Island, N.Y., estate, which she had put up for sale the prior year, finding no takers at an asking price of $3.9 million. The home, in the tony neighborhood of Old Westbury, originally cost close to $4.1 million. Two years later, she’s still in the house–now listed for $2.9 million with Sotheby’s International Realty.








She’s hardly alone, of course. Millions of American homeowners have faced foreclosure over the past several years and roughly 11 million more remain significantly underwater on their mortgages. About 7.7% of all mortgages nationwide are in trouble, either seriously delinquent or already in foreclosure. But somewhat surprisingly, ritzy ZIP codes like Gotti’s Old Westbury 11586 aren’t immune. Far from it. According to LPS Applied Analytics, 6.5%, or 33 out of the 516 active loans in her area are in some stage of delinquency. In nearby Great Neck, the default rate is even higher. Of the active home loans in the peninsula enclave, 7.2% are in some stage of foreclosure or pre-foreclosure.

We asked LPS Applied Analytics, a unit of Lender Processing Services that publishes the monthly Mortgage Monitor report, to pull the foreclosure statistics for the priciest neighborhoods in America. Using Forbes’ 2011 list of the Most Expensive ZIP Codes, the folks at LPS Applied Analytics calculated the number of defaulted loans against the total number of active loans – which include everything from subprime loans to conventional loans to jumbo prime loans (and even complicated nontraditional financing, which undergoes the foreclosure process the same way as a traditional mortgage) – in America’s 100 most expensive ZIP codes.


Where It’s Worst
The result? Perhaps not surprisingly, hard-hit Florida led our list. It has two higher end hoods in top spots: Fisher Island (No. 1) and Rosemary Beach (No. 3). Fisher Island, the Miami Beach multimillionaire enclave and the 43rd most expensive ZIP code in the country, has a whopping 20.5% foreclosure rate, with 38 out of 184 active loans in default. Rosemary Beach, a posh planned community in the panhandle and the 69th most expensive ZIP code, clocks in at 9.9%, with 10 out of 104 homes in default.

Record numbers of foreclosures have translated into price depreciations of 50% or more in many parts of the state, pushing yet more underwater homeowners into foreclosure. “The rates in Florida have been among the highest for a very long time now so I think it’s emblematic of that,” says Herb Blecher, vice president of LPS Applied Analytics. A number of high-profile Florida owners have been among the state’s default ranks including comedian Chris Tucker, who owes more than $4.4 million on a $6 million mansion currently assessed at $1.6 million, according to the Orlando Sentinel.

Stalled In New York
The region of the country with the largest total number of pricey neighborhoods riddled by foreclosures is the Northeast, particularly northern North Jersey and southern New York – home to the rich suburbs of New York City (like Old Westbury and Great Neck). Don’t blame the economy alone, though. The foreclosure processes in New York and New Jersey, run through the court system, are the two longest in the country. RealtyTrac, the Irvine, Calif.-based foreclosure listing site, reports that the average number of days a New York-based foreclosure takes from default to eviction is 986 days, followed by 974 days in New Jersey, versus 336 days nationwide.

These lengthy foreclosure processes, exacerbated by the robo-signing scandals of last fall, mean neighborhoods, towns and counties in these states have more foreclosure inventory on the books – including posh places. “Part of what we are seeing here could be the fact that there’s a kink in the end of the process. That’s going to potentially inflate foreclosures artificially,” says Blecher.

Walking Away
So why do the rich face foreclosures? Loss of income, of course, is the biggest reason. But analysts say they’re seeing a rise in the number of well-off property owners who stop paying their mortgages for calculated financial reasons. “Strategic defaults can be an even bigger issue with higher-end homes, where if you’re 25% underwater that could mean hundreds of thousands of dollars or more, because the borrowers may be more financially shrewd and consider it a financial decision to walk away from the home,” explains Daren Blomquist of RealtyTrac.

Blomquist says some of the country’s wealthiest counties were home to the highest numbers of foreclosure initiations in October, particularly California’s pricier coastal communities. Northern California’s Marin County clocked a 50% increase in default notices from October of 2010 to October 2011, while Orange County defaults were up 34% and Santa Barbara County defaults were up 24%. In Bergen County, N.J., where two of our list makers are located (Englewood Cliffs, No. 7 and Saddle River, No. 9), new defaults were up 30% from the second quarter of this year through the third. He also notes that foreclosures among high-end homeowners have been rising for some time: a study conducted by Realtytrac last year from January to October revealed that defaults on million dollar and higher loans has risen 335% from 2007 through 2010, compared to a 128% rise for all categories of loans at all price points. And LPS Applied Analytics data shows that trend holding steady through this year, with jumbo mortgage delinquencies remaining nearly 300% higher than 2008 rates.

Why are foreclosures ratcheting up in these expensive enclaves? When the reason is strategic default, it’s usually because wealthier people can’t necessarily qualify for a short sale or a loan modification thanks to too much income on the books, explains Chad Ruyle, co-founder of Youwalkaway.com, a Carlsbad, Calif.-based site specializing in strategic defaults. He says the company has helped a number of well-to-do clients since its inception in 2008. “Today we have had a couple celebrities that have randomly contacted us who want to foreclose,” says Ruyle, declining to disclose identities. “The stigma around default has really changed and people are starting to see it for what it is – a business transaction with the bank.”

Tuesday, November 22, 2011

WE CAN HELP!!!!




The Foreclosure Defenses Network Team is NOT a mortgage modification or workout company. We know that many of you may have already tried to work with your lender.
Our focus is to dispel the many myths and inaccuracies that are circulating around the foreclosure topic. We have brought together a group of professionals that truly want to help people. They have seen the misdeeds of the banking and lending industries. Everyone that is affiliated with the network knows that with the right about of effort, knowledge and direction they can help people strategically rebuild their financial future.
Giving Hope and Peace of Mind by using Financial Management Alternatives is the networks goal.
Many, but not everyone is currently struggling to make their mortgage payments financially. Some people are wondering what if anything can be done with one simple fact:
WE OWE MORE ON THE PROPERTY THAN IT IS CURRENTLY WORTH
Now what? There are MANY alternatives and strategies you can use if you know about them.
Call us for a free consultation:

847-356-1564

Independent Foreclosure Review: Is It the Real Deal?

Posted: 11/22/11 10:37 AM ET


On November 1, 2011, the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency began a new initiative, requiring a review by an independent consultant to determine if errors or misrepresentations made by banks might have caused financial harm to homeowners.

Is this the real deal? I've assisted thousands of homeowners who are facing foreclosure, and I have personally witnessed untold amounts of bank errors, misrepresentations, miscalculations, and even unfamiliarity with the foreclosure process. Each of these has, no doubt, resulted in some measure of financial injury or harm to the homeowner, whether they received a loan modification and saved their home or lost their home to foreclosure.

If it's the real deal, it's huge. Four and a half million homeowners could be affected, as long as their mortgage was serviced by one of the 14 largest services (named below). Other criteria requires that the house was the homeowner's primary residence and that the foreclosure took place between January 1, 2009, and December 31, 2010. The government said that they've already begun sending out notification letters to potentially eligible homeowners -- that process is to be completed by December 31, 2011.

If you receive a notification that your foreclosure fits the initial criteria for an independent review, you must complete and return a Request for Review Form, which must be postmarked no later than April 30, 2012.

While I applaud the efforts to recognize that banks do err, resulting in great financial injury and the loss of a home to its customers, I also welcome these efforts with an ounce of caution. Simply put, I've learned that even the best intentions, coupled with stringent guidelines and government bureaucracy, can create additional problems. As I've said many times before, question authority.

If you believe you meet the eligibility requirements and were financially injured due to a wrongful foreclosure or bank error, misrepresentation, etc., that resulted in foreclosure, it's important that you follow the guidelines in your notification letter. But be aware of the potential for several problems:

1. You don't receive a notification letter, even though your loan was serviced by one of the 14 servicers subject to review. (In this case, you can call 847-356-1564 to find out if you should have been included.)

2. If you don't receive a letter, question why not. The addresses provided to the government for potentially eligible homeowners are provided by none other than their lenders. Does your lender know your current address, or are they sending your notification to your last-known address... the address for the home which was foreclosed on? Again, question authority.

3. If you don't receive a letter, what criteria and parameters are being used? Does the government have the final determination over who receives an independent foreclosure review, or does the lender? Whose figures will they use in determining error or financial loss? These questions alone prompt further investigation.

4. I should point out that the independent foreclosure reviews are not being done by the government -- the government is only requiring them to be completed. So who is performing the reviews? "Independent" reviewers who are hired by your mortgage servicer will be reviewing your foreclosure to see if the bank who hired them made a mistake. This raises red flags and the potential for possible conflicts of interest and bias on the part of the reviewer.

5. As with any government incentive, too little is known about the independent foreclosure review process. There is only a smattering of examples of what and who qualifies, with very little offered to define "financial injury" or how people will be compensated for it. While some may get nothing, others may get a mere few dollars for overpayment of fees. Will those who are entitled to larger compensations be justly awarded the full amount of the loss they suffered due to bank error? After all, these are the same banks that made the mistake in the first place -- the possibility for more mistakes certainly exists today. And what about those who suffered the greatest loss -- the loss of their home? How will they be compensated?

6. Among the foreclosed homeowners who will receive financial compensation for their losses, how and when will they be paid? How long does the process take, and will it be fair to all involved?

While I agree wholeheartedly with an independent review of foreclosures in an effort to right the wrongs that may have been committed by lenders, I also am skeptical. There are too many gray areas which can affect homeowners, and I can see room for even more error. This might be the real deal, but it might also require diligence, perseverance, and a little determination and sweat equity on your part to find out if it is. You, not the government, the bank, or an independent reviewer, will always be your own best advocate. Trust no one, do your own homework and research and question authority.

*The 14 lenders subject to the independent foreclosure review regulation are (in alphabetical order): Ally's GMAC Mortgage, Aurora Bank, Bank of America, Citibank, EverBank, HSBC, JPMorgan Chase, MetLife, OneWest, PNC, Sovereign Bank, SunTrust, U.S. Bank, and Wells Fargo. If you believe that you are eligible for an independent review, call 1-847-356-1564.

Nearby foreclosures limit seller options

Nearby foreclosures limit seller options

Ilyce Glink
Real Estate Matters
November 14, 2011

Q. I need guidance on what to do with my house. My wife, my preschooler, my infant and I are living in a house that we owe $90,000 on and that we bought eight years ago for about $100,000. Comps in our neighborhood put the current value of our house at about $50,000.

Three foreclosures recently resold for about $40,000 to $50,000 in my neighborhood in the last year. Those houses were very much like mine in size, age, condition and lot dimensions. We have an adjustable rate mortgage with a current interest rate of 3.7 percent. The "margin" on our loan is 3.5 percent, which is fantastic, and the loan is tied to the one-year Treasury Note.

This is not our forever house. We live about 45 minutes from where we want to establish long-term roots (different county, resources and opportunities for the kids). We bought this house as our first home and planned on living here five to seven years.

We can afford the house without a problem. There is no issue there. What concerns me is being tied to the house until such a time that we can sell it and at least break even. At a yearly appreciation of 3 percent, that would take 25 years. I don't know how this is going to shake out, but I am certain of where I am currently. I can buy houses in my area, right now, just like mine, for half of what I currently owe.

I can't see paying for a house that is worth half of what I owe and will take so long to recoup to get back to where I started eight years ago. What questions should I be asking myself to help me make a decision about what to do? What are my most responsible options?

A. You're already asking the right questions. Now you have to consider the consequences of the answers.

You're right: it may be years before the value of your home recovers to where it was when you bought it. Fortunately, you have the ability and the means to pay your debts and keep your home. You even have other options available to you.

When property values were increasing rapidly, people never questioned selling their current home and buying another one for quite a bit more money. It was not uncommon to see a person sell a home for $200,000 and buy a new one for $400,000.

The current market may have similarities but with different emotions. That home that was worth $200,000 may be worth $100,000, and the $400,000 house may be worth $200,000. If you purchased the home for $200,000, you may feel terrible that the home is now worth half of what it was worth, but if you are planning to trade up to another that may be your long-term home, this may be the time to take the loss but see it as a gain.

While losing $50,000 on the sale of your current home will feel terrible, you might be able to afford your next home at today's historically low interest rates and purchase a home that is now within your budget that can meet your needs as your family grows up.

You've done the math correctly. But it doesn't seem that you will want or be in a position to remain in this home for more than a couple of years. If you otherwise would be thinking of buying in this market and moving to a home that suits your needs, it may be time to bite the bullet, get what you can from your current home and move on.

However, if you make that leap, you'll owe money when you sell your current home. Some home sellers have savings they can use to pay off the bank and can use what's left for a down payment on the new home.

Your current adjustable rate is great. With the one-year treasury rate at about 0.02 percent and your margin of about 3.5 percent, those two numbers combined result in your new interest rate. You will probably see that low interest rate for at least another year or two.

Nevertheless, interest rates will rise at some point and so will your home mortgage interest rate. If you planned to stay in your current home for 20 years or so, this would be the time for you to refinance. But your home is underwater. You owe more on your loan that what your home is worth. It will be difficult for you to refinance now unless you get lucky and somehow qualify for the new Home Affordable Refinance Program (HARP). However, don't count on it.

Everything comes down to whether you have extra cash that would enable you to move on. If you sell the property in a short sale (where the lender accepts less than what you owe), you won't be able to buy a home for three to five years. And you may be required to agree to pay back the missing money to the lender (known as the deficiency) over the years. Moreover, if you don't pay the loan in full, you should be aware that the short sale will hurt your credit score and credit history.

A final option is to purchase a new property and rent your existing home. If you can do that, you may be able to take advantage of lower prices in your neighborhood of choice and hold out while the foreclosure market in your existing home settles.

Chicago-based real estate attorney Samuel J. Tamkin contributed to this column. thinkglink.com; Twitter @glink
Copyright © 2011, Tribune Media Services

Saturday, November 19, 2011

Oklahoma mortgage bill comes with chest pain, courtesy of Wells Fargo | NewsOK.com

Oklahoma mortgage bill comes with chest pain, courtesy of Wells Fargo | NewsOK.com

Oklahoma mortgage bill comes with chest pain, courtesy of Wells Fargo
A missing digit caused a series of house payments to be applied backward, instead of forward, until the lender fired off a notice of default. Or did it?







For want of a zero, could a house be lost?
One digit missing from my checking account number, either because I remembered it wrong, or punched it in wrong, or said it wrong, or someone on the receiving end heard it wrong or typed it in wrong, caused our house payment not to be paid in July.


That caused the payment made in August to be applied to the bill due in July, and so on until the payment made the other day was applied to the bill due in October — and then it caused Wells Fargo Home Mortgage to cough out this heart attack on letterhead, which came in the mail:
“YOUR MORTGAGE LOAN IS IN DEFAULT. CALL IMMEDIATELY TO RESOLVE THIS VERY IMPORTANT LETTER.”
Ignoring the chest pain, I called Wells Fargo, then talked to my wife, then called the credit union, then called Wells Fargo again, then talked to my wife again, then called the credit union again, and then pieced together what happened.
My wife made the payment by phone, using my checking account number, which I'd written down for her. Somewhere along the line that zero fell out of my seven-digit account number. So, when Wells Fargo tried to electronically access my account, it wasn't actually my account, or anybody else's, so the credit union answered back with the electronic version of “You have the wrong number.”
And so began the series of payments applied backward instead of forward, and because life is messy and busy and my personal bookkeeping habits and skills are not the best, the mistake went undetected until Wells Fargo saw fit to send me a heart attack via the U.S. mail.
It's dealt with, but what a mess — and the thing is I like Wells Fargo.
Right here, on April 16, 2000, as Wells Fargo was taking down the Norwest Mortgage sign after buying the company, and our home loan, I waxed historic about “the dusty, sepia-toned image of those first Wells Fargo cross-country stagecoaches that comes to mind when someone says ‘Wells Fargo.'”
And I ended with: “Nowadays, Wells Fargo Co. is a diversified company providing banking, insurance, investments, mortgage and consumer finance. But the name will always conjure images of spreading civilization and stability in a wild country. And that's not a bad notion to have when you sit down to write out a house payment.”
How ironic. But I still have no complaints other than over this headache. My wife was ready to hang somebody from a tall oak tree, but the fact is I'm not sure where that zero fell out.
And I am sure that if my bookkeeping skills followed Generally Accepted Accounting Principles rather than my current approach, Write Debit Charges on Scraps of Paper and Stick Them in a Pocket Spanish-English Dictionary, which I've carried in my hip pocket in self-defense for a year now, this ordeal would have been caught before Wells Fargo went trigger-happy.
Two points, though:
I asked one of the people I talked to with Wells Fargo if there was a way to note the nature of the mistake, that we tried in good faith to make the payment and it just didn't “take,” and she mumbled something that included “it's all a numbers game.” That means “a racket,” although I'm sure she meant that nothing — NOTHING — matters but the numbers.
No wonder so many people are just walking away from their houses and house payments.
And, at one point, the other person with Wells Fargo said, emphatically, “Your loan isn't actually in default.” Well, right here on this Wells Fargo letterhead, in big, all-capitalized letters, it emphatically says: “YOUR MORTGAGE LOAN IS IN DEFAULT.”
So either the person or the letter was dishonest. That is no way to treat any customer, especially a good one. And it makes me doubt even more any statistics from anywhere that claim to assess the mortgage, default and foreclosure situation in this country.


Read more: http://newsok.com/oklahoma-mortgage-bill-comes-with-chest-pain-courtesy-of-wells-fargo/article/3624484#ixzz1eAsowe00

Friday, November 18, 2011

Don't forget our free workshop!!!

If your mortgage is more than $25,000 upside down, or you have received a notice of default letter from your bank, you MUST attend this seminar.

DON'T LOSE YOUR HOME!!!





Counselors will be on hand for one on one sessions as well.


Don't forget to register for the seminar!!!
Free Seminar / Workshop Location: Gurnee Community Center, Gurnee, IL

-Sunday November 20, 2011 at 2:00 PM

seminar registration line 847-356-1564 You will receive your registration confirmation number Please be prepared when calling: 1. Paper/Pen for Seminar Address and Room Number 2. Defendants Name(s) 3. Case Number if available 4. Return Phone Number (and / or) Email
Foreclosure Defenses Network

WE CAN HELP!!!!

Info@FDANTeam.com


http://www.facebook.com/pages/Foreclosure-Defenses-Network/300117146673313

Apartments a bright spot in shaky housing market

As potential homebuyers remain leery, developers find success with rentals

It was a no-brainer. Laura Palmer knew she wanted to rent.






The 28-year-old who raises money for Drake University moved into an apartment in Sherman Hill in August.

Despite her stable job and roots here, Palmer likes the flexibility of renting — “I could move to L.A. tomorrow” — and the freedom from maintenance — “if something breaks, I don’t have to fix it.”

In the hunkered-down uncertainty of the American economy, people increasingly don’t want to buy a home. Apartment vacancy in metro Des Moines is lower than it has been since 2002, and has fallen from 6.6 percent at the end of 2009 to 3.7 percent at the end of September, according to data from Reis, a firm that tracks real estate.

Lenders have picked up on the trend and started investing — both in renovation projects and new construction.

“The multifamily housing market has been the top-performing sector of the real estate market in the Des Moines metro area during 2011,” said Jeni Cooper, a senior lending officer at Bankers Trust.

Bankers Trust, the largest Iowa-based bank, has helped finance 37 multifamily projects in the first half of 2011, Cooper said. Banks across the metro, and even credit unions, have gotten involved.

Hubbell Realty is working on four apartment projects, including 120 new units in Grimes, and it’s contemplating converting the Mitchell Tranmission building at the corner of Locust and 15th streets looking across the west end of the sculpture garden. Conlin Properties, which manages 7,000 rental units in the metro area, is renovating three apartment projects and plans to break ground on a new one this spring.

The banks
West Bank, Community State Bank, Valley Bank, Bank of the West and Iowa State Bank are all investing, developers say, and Wells Fargo and the University of Iowa Credit Union have gotten involved.

“It’s a positive sign that we’re seeing some new construction,” said Dave Nelson, president of West Bank.

“When you see cranes and bulldozers out working, that’s always a good thing.”

West Bank is financing Hubbell’s 120-unit Meadowlark Place in Grimes, a project that’s notable because it will be brand new, and the apartments will rent at market rates, without income requirements.

Nelson says lending for apartment projects still does not approach the investment his bank makes in single-family dwellings, and he’s not ready to announce a shift in the way people live or the ways banks in central Iowa lend.

Dave Mackaman, who manages business banking in central Iowa for Wells Fargo, also takes a measured tone.

“We have seen a slight uptick in demand when it comes to apartment financing,” Mackaman said. “Locally, this is a healthy segment of the economy. Occupancy rates are high, property values are stable, and project cash flows are relatively strong.”

Some of the lending for apartments is refinancing old mortgages, Nelson said.

“Most apartment projects are not debt-free,” he said.

The market
Bankers and developers now say openly what many unlucky first-time homebuyers already know: Condos aren’t selling.

“We haven’t made any money on them, so we quit doing them,” said Jim Conlin, CEO of Conlin Properties Inc.

Conlin has three tax credit-funded apartment building renovations under way — one downtown and two in south Des Moines. In return for the tax credits, developers must offer lower-income tenants below-market rents.

The company is wrapping up a new exercise center at its 176-unit Chapel Ridge apartments in West Des Moines, a project funded by Bankers Trust.

Conlin plans to break ground on a new rental-unit project in the spring of 2012. He has narrowed plans down to three sites — one on the east side, one downtown and one in West Des Moines. He hopes to have the land purchased by month’s end.

Part of the reason for the demand for apartments is the weakness of the single-family housing market, both nationally and in Iowa.

“There’s no question about it,” Conlin said. “Single-family dwellings have depreciated on average 30 percent across the United States. If you put 20 percent down, pretty soon that’s wiped out.”

Hubbell reported last month that sales to first-time buyers were down 30 percent in 2011. Buying a house since the financial crisis has become more daunting, and Steve Niebuhr, a senior vice president at Hubbell Realty, said it won’t get easier soon.

It’s harder to qualify for a mortgage. Credit scores have to be higher, down payments are heftier.

“It’s hard to get into homeownership, which helps the rental,” Niebuhr said. “A lot of the young people coming out of college are maybe not enamored with home ownership like they used to be.”

The economy
Officials at Conlin and Hubbell both believe the housing and foreclosure crisis will continue for years, and the rental market will grow as a result.

“You’ve got 20 million people in this country transitioning from ownership to rental,” Conlin said.

He attended a national conference in Chicago with other developers and housing experts recently.

“No one there thought that the problems in the residential industry were going to be solved in seven years,” he said. “I think we’re in a little better position in Des Moines and in Iowa, because we have a little lower unemployment rate.”

Rents haven’t risen enough for developers to build projects willy-nilly without the help of tax credits. Conlin said all his projects involve tax credits because that’s the only way to make them work.

But rents have risen 1.1 percent in the metro in the past year, said Rick Krause, a vice president at CBRE/Hubbell Commercial.

Landlords are no longer offering perks to potential renters, like free TVs, which is another way rental prices have risen, Krause said.

Average rent in the metro is $715 per month, Krause said, and rents will continue to rise until enough units are built to meet demand. There’s a direct link between that demand and the decline in home ownership that’s happening across the United States, he said. While 69.2 percent of Americans owned a home at the peak of the market, now only 66 percent do.

“The American dream of owning your own home has become a nightmare for some,” Krause said. “Until homes start going up in price, people aren’t going to be willing to take the risk.”

For Palmer, buying a home never really seemed like an option, and many of her friends, both married and unmarried, are thinking the same way.

“I have many friends who are Realtors, so I’m sure they would have been happy to sell me a home,” Palmer said.

“I’ve been in Des Moines for six years, and the whole time I’ve rented.”

http://www.desmoinesregister.com/article/20111117/BUSINESS/311170036/-1/SPORTS13/Apartments-bright-spot-shaky-housing-market

Fewer mortgages going bad but foreclosures expected to increase

Fewer mortgages going bad but foreclosures expected to increase

Fewer mortgages going bad but foreclosures expected to increase

By E. Scott Reckard, Los Angeles Times
November 18, 2011
Fewer home loans are in trouble these days, but despite some improvements, the nation is not even halfway through cleaning up the foreclosure mess, industry experts said.

It could take three or four years to return to a typical pattern of delinquencies and foreclosures, the Mortgage Bankers Assn. said in releasing its quarterly delinquency report Thursday.

An economist for the trade group declined to estimate how many households had lost their homes since the mortgage meltdown four years ago, or how many more foreclosures were to come.

But the Center for Responsible Lending, a nonpartisan advocacy group that accurately predicted a foreclosure tidal wave in 2006, issued its own assessment Thursday: 2.7 million American households had lost their homes as of February, with an even greater number to come.

The advocacy group, which analyzed 27 million home loans made from 2004 through 2008, estimated that an additional 3.6 million mortgages were in foreclosure or likely to fail.

"That means the nation is not yet midway through a foreclosure crisis that mires the economy," the Durham, N.C., group said in releasing its study.

The mortgage industry stopped funding high-interest subprime mortgages and other risky loans in 2007, when the meltdown made it impossible to sell them. But the backlog of soured mortgages from that era was enormous and has been compounded by lingering unemployment of about 9% nationally and about 12% in California.

Things are slowly improving, said Mike Fratantoni, the mortgage bankers' economist. The number of borrowers who had missed at least one payment but were not yet in foreclosure dropped below 8% for the first time since the fourth quarter of 2008. Just a year ago, it was 9.13%.

The percentage of home loans mired in the foreclosure process was up slightly from a year earlier at 4.43%, compared with the 1% that once had been considered normal, Fratantoni said.

The backlog remains high in part because lenders eased up on foreclosures for much of 2011 after revelations that they had mishandled legal paperwork and procedures when repossessing homes in the past.

The regulatory pressures on home lenders include a lengthy investigation by a task force of state and federal officials. California Atty. Gen. Kamala D. Harris is also pursuing a separate probe in hopes of forcing more write-downs of principal for troubled California borrowers.

Longtime industry observer Guy Cecala, publisher of Inside Mortgage Finance, said he believes it will take at least two more years to resolve the crisis.

"A lot depends on how fast banks … can clear out defaulted mortgages and foreclosed properties," he said.

Fratantoni said that with the industry more confident that it has fixed its foreclosure procedures, "a couple of big servicers" he didn't identify had recently stepped up foreclosures. Many of those, he said, involved boom-era subprime loans that had been modified at least once but fell back into delinquency.

Reflecting this push, the percentage of loans on which foreclosure actions were started during the third quarter was 1.08%, up from 0.96% in the second quarter. California had the nation's fifth-highest rate of new foreclosures: nearly 1.5% in the latest quarter.

The statistics also reflected a much higher backlog of unresolved foreclosures in states where they are handled in the courts, compared with states like California that do not normally require court approval.

The rate of homes in foreclosure was highest in Eastern and Midwestern states that route all home repossessions through the courts, with Florida at more than 14% and New Jersey at 8%.

California, which for years had one of the highest rates of loans in foreclosure, fell to 19th on the list at a bit over 4%. Of states that handle foreclosures without court procedures, Nevada was the only one high on the total foreclosure-rate list, with nearly 8% of its mortgages in foreclosure.

In a separate report Thursday, mortgage finance giant Freddie Mac said the typical rate on a 30-year fixed-rate home loan this week was an even 4%, a statistically insignificant rise from 3.99% a week earlier. The 15-year fixed loan rates rose to 3.31% from 3.30%.

Expressing some optimism about the business, Frank Nothaft, a Freddie Mac economist, said the economy "is showing potential for further gains in the near term" as the near-record-low mortgage rates persist.

Retail sales rose for the fifth straight month in October, consumer confidence rose for the third straight month in early November, and home builder confidence rose this month to the strongest level since May 2010, Nothaft noted.

scott.reckard@latimes.com

Thursday, November 17, 2011

Before you hand the keys to your lender, know the costs

Before you hand the keys to your lender, know the costs

Ilyce Glink
Real Estate Matters
November 17, 2011

Q. Let's say I stop paying my mortgage each month. And let's say there is some time before the house is foreclosed. Who continues to cover insurance, utilities and such? Also, what impact does a deed-in-lieu of foreclosure have on my credit rating?

A. You may be a bit confused about what a foreclosure is and how the process works.

Let's start at the top: You are responsible to pay your lender the amount you owe under your loan. You are also responsible for paying your property taxes, utility bills and insurance premiums.

If you stop paying your lender, your lender may decide to pay the homeowner's insurance premium and the real estate taxes due on the home. But it would be paying those expenses on your behalf, and it would have the right to come after you for those payments in the future.

If the home does go into foreclosure and is sold, the lender gets to use the money from that sale to reimburse itself for any amounts it is owed. If there are not enough funds to pay off the lender, it has the right in most states to sue a borrower for the deficiency and to collect whatever it can get, even after the home is sold.

If you stop paying your lender, if you live in a state that allows deficiency judgments, the lender can pursue you for years to come. Worse, the lender can sell the debt you owe to a collection agency, which can pursue you for years -- unless you file for bankruptcy and get the debt dismissed.

Finally, please understand that when you stop making mortgage payments, your credit history will be severely damaged. Going into foreclosure is even worse for your credit. Your credit score might take a hit of anywhere from 150 to 250 points, leaving you with a credit score in the low 500s after the foreclosure sale.

A deed-in-lieu of foreclosure is a little better for your credit history, but not much.

Q. I have applied for a deed-in-lieu of foreclosure on a vacation beach home I own, on which I can no longer make the payments. I'm 72 years old and semiretired, with a mortgage on my primary home. If the bank doesn't grant the foreclosure and I discontinue payments, will it just issue a standard foreclosure?

A. A deed-in-lieu of foreclosure is a process that a bank and a borrower take that speeds up the foreclosure process.

Instead of the bank going to court, obtaining a judgment against you, and then selling the home through a sheriff's sale authorized by the court, you and the bank agree to transfer ownership of the home to the bank.

The process is relatively simple and avoids the costs and expenses involved in the court foreclosure process. A deed-in-lieu of foreclosure is a voluntary process, and the lender is under no obligation to go that route. The bank can decide to proceed through normal channels to get money to satisfy the debt you owe.

If the bank is unwilling to work with you in a deed-in-lieu arrangement and you fail to sell the home through a short sale, and then you stop paying your mortgage, the lender can and will proceed to foreclose the home through the court system.

The bank can (and probably will) go after you personally for any shortage in the amount that it gets from the foreclosure sale. That shortage is called a deficiency, and the judgment a bank gets to collect the shortage is called a deficiency judgment.

In most states, lenders can get a deficiency judgment against a homeowner for an investment property or second home. Some states limit deficiency judgments on primary residences, but since the property in question here is a vacation home, you should expect your lender not to let you off the hook for the amount you may still owe on the loan.

There is also a tax implication: Through 2013, the IRS will not consider deficiencies on primary residences as taxable personal income. But for a vacation home, rental property or a second home, a deficiency would be treated as personal income and you will owe federal and possibly state taxes on it as well.

During the process of negotiating your deed-in-lieu of foreclosure, you should work with your lender to determine if it would be willing to waive any deficiency judgment against you. That is to say, the lender would take the property and agree that they won't go after you for anything else later.

Beware: your lender may remain quiet on the issue of whether its collection department will go after you for any amount you owe arising from your loan. And you should also know that your lender may decide to sell off the deficiency to a collection agency, and you may find yourself facing calls from a collection agency for years to come.

Chicago-based real estate attorney Samuel J. Tamkin contributed to this column. thinkglink.com; Twitter @glink
Copyright © 2011, Tribune Media Services

Home foreclosures starting to rise again - Nov. 17, 2011

Home foreclosures starting to rise again - Nov. 17, 2011

Home foreclosures starting to rise again





NEW YORK (CNNMoney) -- Home foreclosure filings rose in the third quarter, as recent declines in the rate of new foreclosures came to an end, according to an industry trade group.
The Mortgage Bankers Association reported that foreclosures started for 1.08% of outstanding home loans, up from 0.96% in the second quarter.

The jump in foreclosures came even as the rate of homeowners who are delinquent on their mortgages fell. Those only 30 days late making payments improved to 3.19%, the lowest level since the second quarter of 2007. And those 60 and 90 days or more late in making payments also declined, bringing the percentage of delinquent loans not in foreclosure to under 8%.
But the MBA said increased foreclosure filings by several big lenders led to the upturn in homes in foreclosure.
"While the delinquency picture changed for the better in the third quarter, the foreclosure data indicated that we are not out of the woods yet," said Michael Fratantoni, MBA's vice president of research and economics.
Fratantoni said he couldn't speculate on what caused the turn by those major servicers. But other experts said some of the increase could be due to lenders working through problems with their loan documentation that had put a brake on some foreclosures.
The recent foreclosure increases are a sign that filings are "coming out of the rain delay we've been in for the past year as lenders corrected foreclosure paperwork and processing problems," said James Saccacio, CEO of RealtyTrac, a private service that also tracks foreclosure activity.
A year ago, several major banks and mortgage servicers -- including Ally, Bank of America (BAC, Fortune 500), and JPMorgan Chase (JPM, Fortune 500) -- acknowledged problems with paperwork they were using to file foreclosure actions against delinquent homeowners. They announced various changes in practices and temporary moratoriums in new filings while they worked through the problems.
But Fratantoni said the moratoriums tended to slow foreclosure sales being completed more than it slowed new filings.

t's also possible that some lenders are seeing some improvement in the housing market, ironically giving them greater incentive to start the foreclosure process.
For example, some experts say there have been new signs of life recently in the Las Vegas real estate market. Nevada had the highest rate of foreclosure filings in the quarter, and one of the biggest increases, as new filings hit nearly 2.5% of loans there.
Find homes for sale

First Published: November 17, 2011: 10:03 AM ET

Wednesday, November 16, 2011

“Robo-Signing Mistakes STILL found in IL, Often great defense for Homeowners.

Winnebago County recorder still finds instances of 'robo-signing'

By Alex Gary
BUSINESSROCKFORD.COM
Posted Nov 15, 2011 @ 09:18 PM

ROCKFORD — In late 2010, the furor over “robo-signers” revealed the complicated — and occasionally sloppy, if not entirely negligent — mountains of paperwork that accompany mortgages and the process of foreclosure.

Attorneys representing homeowners in several states uncovered the fact that many banks, or the companies the banks used to process paperwork, were authorizing documents without checking their accuracy or even giving them more than a cursory glance. In some cases, these “robo-signers” fraudulently signed the names of bank officials, attorneys and notaries.

Several of the largest banks, including Wells Fargo, JPMorgan Chase and Bank of America, halted foreclosures for several months in states that don’t use the court system in order to check the accuracy of the documents in their foreclosure pipeline.

In Illinois, foreclosures are processed through the courts so the foreclosure wave continued unabated. And Winnebago County Recorder Nancy McPherson believes she has found evidence that “robo-signing” is still rampant here in the Rock River Valley.

McPherson is one of 12 county recorders collecting evidence of mortgage document fraud for Illinois Attorney General Lisa Madigan.

She joined the wave of state attorneys general investigating foreclosures in May when she issued subpoenas against Lender Processing Services and Nationwide Title Clearing, two Florida-based companies that provide “document preparation services” for mortgage lenders to use against borrowers who are in default, foreclosure or bankruptcy.

McPherson’s office sampled a small number of foreclosure documents in her office and found hundreds of apparent forgeries.

“‘Linda Green’ is on documents as vice president of Wells Fargo. She’s (on other documents as) vice president of (Mortgage Electronic Registration Systems Inc.). She is vice president of Optical Mortgage Co. as well, and all of the signatures are completely different,” McPherson said. “Another name to take notice of is ‘Pat Kingston.’ She or he has several different titles. Lately, (the lenders or document providers) haven’t been using ‘Linda Green’ as much. There’s a new set of fake names. ‘Brian Blaine’ is the vice president of Chase Mortgage Bank. He is vice president of Washington Mutual Bank. He is vice president of Nations Credit Financial Services Corp. He’s vice president and attorney in fact for IndyMac Federal Bank.”

Not surprisingly, McPherson is opposed to settling with major lending institutions.

“We’re telling the attorney general not to settle. They haven’t fixed the problem yet,” McPherson said.

Reportedly, the nation’s 50 attorneys general are close to announcing a $20 billion settlement with major lenders that would give those lenders legal immunity.

Robin Ziegler, a spokesman for Madigan’s office, said the “investigation and the negotiations with the banks are both ongoing.”

“It is the goal of the attorney general that any settlement must require significant, meaningful reform and provide immediate relief for homeowners across the country,” Ziegler said in an email.

Recently, McPherson has noticed a greater number of mortgage modification documents — a change from past practice, because major mortgage lenders have been criticized for being unwilling to modify loans to help struggling homeowners.

On Saturday, McPherson will join Madigan’s staff at the Hilton Garden Inn for a five-hour seminar to help homeowners avoid foreclosure rescue scams and explore available state programs.

“The number of modifications we’re seeing is a lot higher,” she said. “If this investigation finally pushes banks to do more modifications, then it’s a very good thing for neighborhoods and taxpayers.”

Reach Assistant Business Editor Alex Gary at agary@rrstar.com or 815-987-1339.

Copyright 2011 Rockford Register Star. Some rights reserved

Monday, November 14, 2011

The Foreclosure Defenses Network

The Foreclosure Defenses Network Team is NOT a mortgage modification or workout company. We know that you may have already tried to work with your lender.
Our focus is to help you protect yourself, your home, your credit and your assets by Giving Hope and Peace of Mind by using Financial Management Alternatives.
Many, but not everyone is struggling to make their mortgage payments financially. Some people are wondering what if anything can be done with one simple fact:
WE OWE MORE ON THE PROPERTY THAN IT IS CURRENTLY WORTH
Now what? There are many alternatives. The team looks at your entire situation, rather than focusing on one aspect of your picture. Usually people talk to a specialized professional and then are surprised when miraculously the ONLY way for you to get help is that one specialty.
There are MANY alternatives and strategies you can use if you know about them. As a team, your file is reviewed before any alternatives or strategies are suggested.
• FREE One-on-One in person or telephone consultations
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The network is comprised of not just one field of expertise, but many.

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Zillow 286 of Homeowners With Mortgages Underwater | Mortgage Rates & Trends: Mortgage Blog

Zillow 286 of Homeowners With Mortgages Underwater | Mortgage Rates & Trends: Mortgage Blog

Zillow Chief Economist Dr. Stan Humphries commented:

“While we still have a ways to go in terms of home value depreciation, the pace at which home values are falling has declined considerably during the course of the year. This slower pace signals that a stabilization is on the horizon”.

That home prices continue to fall means that the number of homeowners who are underwater will likely continue to increase. Home prices are still falling due to to a fundamental imbalance in supply and demand. There is a lack of demand for homes as a result of unemployment, consumer uncertainty, tight credit, and lack of household formation. At the same time there is a glut of unsold homes (on the market and off the market) because of foreclosure and lack of home sales.

In Phoenix, Atlanta, Tampa, and Sacramento more than 50% of all mortgaged homes are underwater. Miami, Cleveland, Chicago, and Denver all have underwater rates of over 38%. If nothing is done, it will be years, if not decades, before these markets recover.

There is more than $700 billion of negative equity in the housing market. This negative equity makes it exceedingly difficult for the housing market, and thus the U.S. economy to recover. Negative equity keeps people from selling their homes, from moving to find a new job, and from spending money. Georgetown Law Professor Adam Levitin has an excellent post that details the problems that this huge amount of negative equity is causing. The Professor says that any housing plan that doesn’t do something to address this problem is woefully inadequate. I agree with him 100%. Current housing policy has done a horrific job in solving the problems that are bogging down the housing market.

At some point or another, I suspect policy-makers will realize that one way or another, principal write-downs are necessary to heal the housing market. Whether this comes through bankruptcy reform or in some alternate way, it is going to have to happen.

Sunday, November 13, 2011

REGISTER ONLINE FOR THE NOVEMBER 17th and NOVEMBER 20th SEMINARS

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Saturday, November 12, 2011

Don't forget to register for the seminar!!!

Free Seminar / Workshop Location: Gurnee Community Center, Gurnee, IL
-Thursday November 17, 2011 at 7:00 PM
-Sunday November 20, 2011 at 2:00 PM

seminar registration line 847-356-1564 You will receive your registration confirmation number Please be prepared when calling: 1. Paper/Pen for Seminar Address and Room Number 2. Defendants Name(s) 3. Case Number if available 4. Return Phone Number (and / or) Email
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Morgan Stanley To Reform Foreclosure Practices

Morgan Stanley (NYSE:MS) became the second largest bank after The Goldman Sachs Group Inc. (NYSE:GS) to adopt new foreclosure procedures in an effort to stop unlawful and troublesome foreclosure practices. Morgan Stanley has reached an agreement with the New York’s Department of Financial Services about the new set of standards.

Morgan Stanley, along with two other mortgage servicers – American Home Mortgage Servicing Inc. and Vericrest Financial Inc. – have assented to the mortgage servicing changes, the Department of Financial Services said in a statement on Thursday. Morgan Stanley’s mortgage-servicing unit Saxon Mortgage Services Inc., which the company sold to Ocwen Financial Corp. (NYSE:OCN) in October, is also a part of the deal.

This is definitely good news for the industry amid volatile economic conditions. However, the agreement does not reduce the chances of investigations and legal actions against these companies.

The mortgage servicing deal with Morgan Stanley eliminates use of ‘robo-signing’, providing single point of contact. This will also end the practice of referring a borrower to foreclosure while the request is for a loan modification. The deal also includes evaluation of borrowers’ credentials more comprehensively, revise the way fees are charged, upgrade lenders’ employee-training programs and supervise lawyers involved in foreclosures.

It all started in October 2010, when JPMorgan Chase & Co. (NYSE:JPM), Bank of America Corporation (NYSE:BAC) and Ally Finance Inc. temporarily suspended foreclosures across the country, following the detection of faulty foreclosure paperwork. Due to this, the U.S. bank regulators, along with the state attorney generals (AGs), geared up to take actions against mortgage servicers.

Actually, the present settlement deal of Morgan Stanley will act as a guideline for other mortgage providers and set a standard for processing loans and foreclosures. The agreement would also help homeowners to protect their properties from wrongly foreclosed.

Furthermore, we expect that if the abovementioned corrective measures are implemented properly, it would surely save us from yet another foreclosure crisis.

Morgan Stanley currently retains a Zacks #3 Rank, which translates into a short-term ‘Hold’ rating.

Friday, November 11, 2011

Illinois' October home foreclosures up 9.7 percent

Illinois home foreclosure activity rose 9.7 percent in October compared to the previous month.

A report released Thursday by RealtyTrac shows Illinois with 12,522 foreclosure filings last month. Filings include default notices, auction-sale notices and bank repossessions.

The filings represent one in every 423 housing units in the state. That rate is 26.2 percent lower than in October of last year and seventh-highest nationally.

RealtyTrac says the increase in many states likely is due to lenders resolving paperwork processing problems that had delayed many foreclosures. But it says new state court rulings and laws create uncertainty that threatens to delay a real estate recovery.

Nevada continued to have the nation's highest foreclosure rate.

Other states with foreclosure rates higher than Illinois are Arizona, California, Florida, Georgia and Michigan.


http://www.businessweek.com/ap/financialnews/D9QTVGJ80.htm

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Thursday, November 10, 2011

Foreclosures jump 7% in October from September

By Amy Hoak, MarketWatch
CHICAGO (MarketWatch) — Foreclosure activity rose 7% in October compared with September, a sign that lenders are picking up the pace after foreclosure processing problems caused delays, RealtyTrac said Thursday.

Last month, foreclosure filings were reported on 230,678 U.S. properties, according to RealtyTrac data. Filings include default notices, scheduled auctions and bank repossessions.

Activity is down 31% in October compared with a year ago.

“The October foreclosure numbers continue to show strong signs that foreclosure activity is coming out of the rain delay we’ve been in for the past year as lenders corrected foreclosure paperwork and processing problems,” said James Saccacio, chief executive of RealtyTrac, in a news release.

“However, recent state court rulings and new state laws keep changing the rules of the foreclosure game on the fly, creating more uncertainty in the housing market and threatening to prolong the road to a robust real-estate recovery.”

In October, after 22 months in a row as the city with the highest foreclosure rate, Las Vegas finally ceded that standing to Stockton, Calif., according to RealtyTrac’s ranking of metropolitan areas with populations of 200,000 or more.

Default notices up 10%

Nationwide, default notices were filed for the first time on 77,733 properties last month. That’s a 10% increase from the prior month, but a 23% drop from October 2010.

In Florida, Pennsylvania and Indiana, default notices ticked up more than 25% in October, compared with September.

Foreclosure auctions rose 8% in October, compared with the prior month; auctions were scheduled on 85,321 properties. Scheduled auctions were down 38% from a year ago. But again, the number of scheduled auctions was up even more in select states: They increased more than 35% in Florida, Minnesota and Illinois in October, compared with September.

In October, 67,624 properties were repossessed by lenders, a 4% increase from September and a 27% drop from October 2010. In Michigan, Oregon, New Jersey and Indiana, repossessions were up 40% or more in October, compared with the prior month.

Amy Hoak is a MarketWatch reporter based in Chicago.

http://www.marketwatch.com/story/foreclosures-jump-7-in-october-from-september-2011-11-10?dist=beforebell

Wednesday, November 9, 2011

FREE SEMINAR SUNDAY Thursday November 17th -7PM

THE FORECLOSURE DEFENSES ATTORNEY NETWORK PRESENTS ITS FREE SEMINAR

Gurnee Community Center, Gurnee, IL
-Thursday November 17, 2011 at 7:00 PM
-Sunday November 20, 2011 at 2:00 PM

Call To Register 847-356-1564 or email info@ForeclosureDefensesNetwork.com

Why did my lender file foreclosure if I am working on a workout plan with them?

We all know times are tough, and many Americans like you are worried about being able to save your home, credit, money and sanity. We understand your pain and fears and want to help you buy TIME to think and learn all of the options that are available and possible for your family.
Everyone in the network firmly believes education is power. Power to help you make decisions that are best suited to you and your family. There are MANY options and paths you can take to rebuild financially.



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✔ Do you need help with your home, rebuilding your credit, or regaining your financial sanity?

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Seminar registration line 847-356-1564 You will receive your registration confirmation number Please be prepared when calling: 1. Paper/Pen for Seminar Address and Room Number 2. Defendants Name(s) 3. Case Number if available 4. Return Phone Number (and / or) Email

How a Financial Pro Lost His House

How a Financial Pro Lost His House

By CARL RICHARDS
Published: November 8, 2011

ONE night a few years ago, when the value of our home had collapsed, our debt was out of control and my financial planning business was shaky, I went to take out the trash.

There was this enormous window that looked right in on the kitchen table, and through it I could see my wife, Cori, and our four children eating dinner. It was dark outside, so they couldn’t see me, and I just stood there looking at them.

After a while, I pulled up a bucket and I sat on it, just watching my children eat. I found myself wishing that I could get back there, connected to the simple ordinary stuff of my family’s life. And as I sat and watched, filled with longing and guilt, two questions kept arising:

How did I get here?

And how am I going to get out of this?

There are many stories these days of people who lost their financial bearings during the housing boom and the crisis that followed, but my story is a bit different from most.

I’m a financial adviser. I get paid to help people make smart financial choices, and I speak and write about personal finance issues for this publication and others. My first book comes out in January, “The Behavior Gap: Simple Ways to Stop Doing Dumb Things With Money” (Portfolio, a Penguin imprint).

The thing that few people know, though, is that I learned a lot of this from experience. I made a bunch of mistakes, the very same ones that I now go around warning people to avoid.

So this is the story of how I lost my home, the profound ethical questions that arose along the way, and what my wife and I learned from the mistakes that led us to that point. It made me better at what I do, but it wasn’t much fun getting there.

Like most financial stories, this one is personal. It starts with me getting into the financial services industry more or less by accident. I answered an ad in 1995 that I thought was for a job related to “security” (as in security guard) but was in fact related to “securities.” That’s how little I knew about the stock market. A few months later I found myself working a phone at a Fidelity Investments call center.

Things went well, and by 1999 I was a Merrill Lynch financial adviser and a certified financial planner. By then, we also owned a house in Salt Lake City. We’d bought it two years earlier, with a $25,000 down payment.

A few years later, an opportunity arose to form a partnership with a successful Merrill adviser in Las Vegas. The place was on our top 10 list of never-move-to cities because we had always associated it with the Strip. But Cori and I were looking for an opportunity to have an experience somewhere else, and we met some great people when we visited the city. I took the job, and we moved down there.

That was May 2003. Housing prices were already crazy, so we rented. But our neighborhood had zero character and lots of cookie-cutter houses. Within a few weeks, we were looking for a place to buy.

I felt we could afford around $350,000. We called a real estate agent named Mitch, who had signs on all the bus stops: Talk to Mitch! He picked us up in a gold Jaguar, and suddenly we were looking at houses that listed at $500,000 or more.

It felt a little crazy to be shopping for houses that cost half a million dollars, but my income was growing rapidly. Everywhere I looked, people were being rewarded for buying as much house as they could possibly afford, and then some. There was this excitement in the air, almost like static. I started to think that if I didn’t buy a house right then, I would never be able to afford one.

At moments during our house hunt, I felt in my gut that something wasn’t right. We’d go to open houses for $400,000 homes and see lines of couples in their late 20s — younger than we were — waiting to get inside. I kept wondering where all the money was coming from. How did all these people make so much?


But prices just kept rising, and when people kept buying, that made it seem safer. I knew from my work as a financial adviser that following the crowd could be costly. But like everyone else, I felt safer in a crowd.


We didn’t find anything we liked with Mitch, but one day in September 2003 Cori spotted a for-sale-by-owner sign in a really nice neighborhood. We ended up buying the house and paid the asking price of $575,000. (When we tried to negotiate on price, the owners were amused; it just wasn’t that kind of market.)

We borrowed 100 percent of the purchase price. In fact, I was told I could borrow even more if I wanted. I had perfect credit and a solid income that was growing. But even so, when the lender approved us at 100 percent, it was more than I had expected. I remember thinking something like “Wow. I guess if they’re willing to lend it to us it must be O.K.”

I should have known better. No matter how well things are going, borrowing 100 percent of the purchase price of a home is not a good idea. I shouldn’t have relied on someone else to make that calculation, let alone the guy who was making money putting me in the loan. I was a financial adviser, and I never sat down to figure out what it would take to make this work. I just wanted to believe him. And it was so easy to believe he had been right, at least at first. We loved living there. The children went to an awesome public school, and we made some great friends. I could ride my bike to Red Rocks, the wilderness area outside of town. And for a time, the real estate market erased any doubt I may have had. It just kept going up.

One evening in 2006 comes to mind. My sister-in-law was thinking of moving to Las Vegas, and a real estate agent told me about an open house for a new Toll Brothers community. This wasn’t a come-by-for-cookies type of open house; it was held at a Las Vegas hotel ballroom. I arrived to find a line that led down a flight of stairs and out of the front door. Before I got to the front of the line, they stopped admitting people. Then people rushed the door, like it was a rock concert.

The market’s continued strength meant we could borrow even more. It was easy. In late 2004, a year after buying the house, we refinanced our mortgage with World Savings Bank, which later ended up in the hands of Wells Fargo, using one of the pick-a-payment loans that let you choose your own payment each month.

We picked the lowest possible payment, the one that added to our balance each month instead of subtracting from it. And we added a line of credit with Wells Fargo.

The extra borrowing power was important, because while my income was growing rapidly it wasn’t enough to support all our expenses. Around that time, I left Merrill Lynch to become an independent financial adviser, so it was easy enough to convince ourselves that we were borrowing to pay for the start-up costs.

There was some truth to that, but we were also borrowing against the house to finance our lifestyle. The line between business expenses and personal ones is sometimes hard to draw when you run your own business, and during those heady times it seemed even harder. But in hindsight it is clear that we were spending more than we should have on things like recreational gear and family trips for ourselves and our four children.

It was extravagant, but it seemed modest compared to what some of our neighbors were doing. Our house was the smallest model in the neighborhood (though at 3,500 square feet it was hardly tiny), and we drove a Chevy and a VW. Cori and I and some of our friends had a lot of conversations comparing our spending habits to those around us. How can so-and-so afford a boat? How are people buying new trucks and four-wheelers and 5,000-square-foot homes? Do they know something we don’t know?

At times, it seemed as if maybe they did. I knew a builder of custom homes who urged me to buy one of his houses for close to $2 million. I told him there were at least a million reasons why I couldn’t do that. He looked at me like I just didn’t get it. He assured me the house was appraised for $200,000 more than the asking price, and that after I lived there I could take out a line of credit to live on while the house went up even further.

The crazy thing is, he was right. The place eventually sold for more than $3 million. When I heard that, I felt a little silly that we hadn’t taken that risk.

Read More....

http://www.nytimes.com/2011/11/09/business/how-a-financial-pro-lost-his-house.html?pagewanted=1&_r=2&hp

Tuesday, November 8, 2011

Nearly half of mortgages in Chicago area underwater

Nearly half of mortgages in Chicago area underwater


By Mary Ellen Podmolik
Tribune staff reporter
12:26 p.m. CST, November 8, 2011

A little more than 46 percent of all single-family homes with a mortgage in the Chicago area were underwater in the year's third quarter, far more than the nation as a whole.

The percentage of homes in the Chicago area with negative equity, meaning more is owed on the mortgage than the value of the underlying property, rose 9 percent from the second quarter, according to a report scheduled to be released Tuesday by real estate website Zillow.

Nationally, 28.6 percent of homes with mortgages were underwater at the end of September.
In Illinois, the delinquency rate increased to 6.57 percent, from 6.28 percent, Transunion said.

"I didn't think this was a particularly bad housing report," said Stan Humphries, Zillow's chief economist. "We are much closer to the end of the housing recession than the beginning. I still think of Chicago being more of an average case of housing recession. It's nowhere in the league of Phoenix and Vegas."

The numbers are one indication of the demand there may be for the Obama administration's plan to expand its mortgage refinancing program to homeowners who pay their mortgage on time but have been unable to take advantage of low mortgage interest rates because sinking home values have left them with insufficient equity to refinance their loans.

Officials have said the number of participants in the Home Affordable Refinance Program could double from the current 894,000 by loosening the lender guidelines for government-backed mortgages and removing the current maximum cap of a 125 percent loan-to-value ratio. The program still would exclude homeowners whose loan-to-value ratio is less than 80 percent, but some legislators have called for that to change, too.

Specific details of the program are scheduled to be announced Nov. 14.

It will help some homeowners but a reformatted HARP won't be a panacea for the housing market," Humphries said. "There's no one single overarching policy that's going to get us out of it," he said. "The housing economy is not going to get back and operate on all cylinders for four or five years."

Zillow's report also showed that 43.4 percent of all homes sold in the Chicago area in the third quarter sold for a loss, compared to 34.4 percent nationally.

But the pricing pain was worse in some communities more than others. For instance, 64 percent of Antioch's homes sold for a loss, compared with 30 percent in Downers Grove, and 50 percent in Lansing. Within the city of Chicago, 42 percent of residential properties sold for a loss.

Zillow also found that third-quarter home values in the Chicago area were down 9 percent year-over-year, to a level last seen in December 2000. That's a worse reading than the most recent S&P/Case-Shiller home price index, which pegged the year-over-year price decline at 5.8 percent in the Chicago area, based on August data.

Of the 157 metropolitan markets researched, Zillow said only 26 of them showed pricing appreciation from the second quarter. Humphries predicted home prices will drop another 3 percent to 5 percent before hitting bottom, in 2012 at the earliest.

mepodmolik@tribune.com | Twitter @mepodmolik

Copyright © 2011, Chicago Tribune

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Why did my lender file foreclosure if I am working on a workout plan with them?

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