Tag: Beaverton

  • Refinance Demand Up as Mortgage Interest Rates Maintain Low Levels, by Rosemary Rugnetta, Freerateupdate.com


    September 2, 2010 (FreeRateUpdate.com) – As mortgage interest rates continue to maintain low levels, refinance demand continues to increase across the nation. According to the Mortgage Banker’s Association, refinances have reached a 15 month high, the highest point since May of 2009. Rates are at the lowest point than any other time since Freddie Mac began keeping track in 1971. Mortgage applications rose for the fourth straight week with refinances accounting for the bulk of the demand. This is due to mortgage interest rates that continue to remain low with the 30 year fixed rate at 4.125% and the 15 years fixed rate at 3.625%.

    The current refinance demand is not surprising considering the record low mortgage rates that have continued for the past several weeks. After a slow start, these low mortgage rates are finally spurring home owner interest. Unfortunately, not all home owners can refinance with these historic rates. Those who are underwater due to the depressed housing market and those whose credit has been compromised will not be able to take advantage of the market’s record low interest rates. On the other hand, for others, especially those who have refinanced within the past two years, it is a great time to do it again. In addition, those home owners who currently have adjustable rate mortgages that are about to reset, could benefit from refinancing at this time into a fixed rate mortgage.

    The demand for refinances, which has continued to increase each week, could also be a positive sign for the weak economy. The current low mortgage interest rates have made it possible for home owners to refinance into a better interest rate loan or a shorter length loan. Many with higher interest 30 year loans are finding that, at today’s rates, it is in their best interest to refinance into a 15 year mortgage which is, in many circumstances, cheaper. By putting extra cash in consumers hands, they are able to pay off outstanding debts, money can be saved or just put back into the economy through spending. Although it is not certain if this refinance boom will do anything to stimulate the economy, this just might be the boost that the sluggish economy is in need of.

    It is anyone’s guess at which way mortgage rates will go from here. If mortgage interest rates maintain these low levels or drop even lower, refinance demand should go up with more home owners deciding to refinance during the fall months just in time for the Holiday season. In the meantime, home owners probably should not wait for rates to go much lower since anything can happen with such a volatile market.

    http://www.freerateupdate.com/refinance-demand-up-as-mortgage-interest-rates-maintain-low-levels-6155

  • Them Be Fightin’ Words: The Fight Over Foreclosure Fees, by PAUL JACKSON, Stopforeclosurefraud.com


    For the law firms that manage and process foreclosures on behalf of investors and banking institutions, what’s a fair legal fee? What’s a fair filing fee? Should fees to outsourcers be prohibited? And just how much money should it really cost to process a foreclosure?

    As I write this, the answer to these and other questions are being fought out in the trenches, in an out-of-sight but increasingly heated battle involving Fannie Mae and Freddie Mac, the law firms that specialize in creditor’s rights, default industry service providers, and various private equity interests.

    It’s a complex fight that many say will ultimately shape the way U.S. mortgages are serviced over the course of the next decade — and perhaps beyond. It’s also a debate that promises to spill over into how loans are originated and priced.

    “No aspect of the U.S. mortgage business will go untouched by the outcome of this current debate,” said one attorney I spoke with, on condition of anonymity. “This is the single most important issue facing mortgage markets today, and will even determine how securities are structured in the future.”

    How foreclosures are managed

    Typically, a foreclosure involves legal and court filing fees — it is, after all, a legal process involving the forced transfer of a property from a non-paying borrower to secured lender. But the foreclosure process also typically involves a host of other associated fees, including necessary title searches, potential property insurance, homeowner’s association dues, property maintenance and repair, and much more.

    Many of these fees are ultimately tacked onto the “past due” amounts tied to a delinquent borrower — and done so legally. Much like when a credit card becomes past due and the interest rate kicks into high oblivion, consumers looking to catch up on their delinquent mortgage payments must also make up the difference in additional fees in order to successfully do so.

    Legal fees in the foreclosure business, however, aren’t what you might think. Instead of billing hourly for most work, as most attorneys in other fields would do, attorneys that specialize in processing foreclosures are paid on a flat-fee basis, using pre-determined fee schedules.

    Thanks to the market-making power of the GSEs, Fannie Mae and Freddie Mac — both of whom publish allowable fee schedules for every imaginable legal filing and process in the foreclosure repertoire — the entire foreclosure process has been reduced to a set of flat fees.

    And not even negotiated fees, at that. For firms that operate in the field of foreclosure management, the GSE allowable fees amount to a take-it-or-leave-it menu of prices.

    “For us, it doesn’t matter who the client is, even if it isn’t Fannie or Freddie,” said one attorney I spoke with, under condition of anonymity. “We know we’re only going to be able to claim whatever that flat fee schedule they set says we can claim, since other investors tend to employ whatever the GSE fee caps are.”

    Fannie and Freddie as housing HMOs? In the foreclosure business, that’s pretty much what it amounts to.

    But beyond determining the legal fee schedule for much of the multi-billion dollar default services market, the GSEs also largely determine who gets their own foreclosure work. Both Fannie and Freddie maintain networks of law firms called “designated counsel” or “approved counsel” in key states marked with significant foreclosure volume — and they either strongly suggest or require that any servicers managing a Fannie or Freddie loan in foreclosure refer any needed legal work to their approved legal counsel.

    Each state will have numerous designated counsel — sometimes as many as five law firms — but in practice, attorneys say, two to three firms end up with the lion’s share of each state’s foreclosure work. In states hit hard by the housing downturn and foreclosure surge, like Florida, the amount of work can be substantial.

    “The GSEs can force a servicer to use their designated counsel, especially if timeline performance in foreclosure management is out of some set boundary,” said one servicing executive at a large bank, who asked to remain anonymous. “It’s usually easiest to simply use their counsel on their loans, even if we don’t see that firm as best-in-class.”

    With the vast majority of the mortgage market now running through the GSEs, and much of what’s left of the private market following the guidelines Fannie and Freddie establish, it should come as no surprise to find that a few law firms in each state end up with the majority of the foreclosure work, sources say.

    The rise of the ‘foreclosure mills’

    Being designated as approved counsel by Fannie Mae and/or Freddie Mac does carry risk. Just ask Florida’s David Stern, who has seen his burgeoning operation pejoratively branded a ‘foreclosure mill’ by consumer groups, dragged through the press for both alleged and real consumer misdeeds, and facing numerous investor lawsuits surrounding the operation of DJSP Enterprises, Inc. (DJSP: 3.22 -1.23%) — the publicly-traded processing company tied to the law firm.

    While Stern’s operation may win the award for ‘most susceptible to negative publicity,’ how the law firm operates is far from unique in the foreclosure industry.

  • Lenders won’t have to run a second full credit check before closing on mortgage, by Kenneth R. Harney, Washington Post


    Despite earlier reports to the contrary, it turns out that your mortgage lender will not have to pull a second full credit report on you hours before closing on your home purchase or refinancing.

    In a clarification of a policy announced earlier this year, mortgage giant Fannie Mae now says that applicants will need to come clean about any debts they have incurred since they submitted their mortgage application — or debts they never disclosed on the application. But a formal pre-closing credit report will not be mandatory to confirm creditworthiness.

    Instead, loan officers can use other techniques to verify that you haven’t financed a new car, taken out a personal loan or even applied for new credit in any amount that might make it more difficult for you to afford your monthly mortgage payments.

    Among the techniques Fannie expects lenders to use on all applicants: commercial or in-house fraud-detection systems are capable of tracking applicants’ credit files from the day their loan request is approved to closing.

    Although Fannie made no reference to specific services in its recent clarification letter to lenders, some commercially available programs claim to be able to monitor mortgage borrowers’ credit activities on a 24/7 basis, flagging such things as inquiries, new credit accounts and previous accounts that did not show up on the credit report that was pulled at the time of initial application.

    One of those services is marketed by national credit bureau Equifax and dubbed “Undisclosed Debt Monitoring.” Aimed at what Equifax calls “the quiet period” between application and closing — often one month to three months — the system is “always on,” the company says in marketing pitches to mortgage lenders.

    Home loan applicants failed to mention — or loan officers failed to detect — “up to $142 million in auto loan payments” during mortgage underwriting in first mortgage files reviewed by Equifax last year alone, according to the credit bureau. Those loan accounts had average balances of $361 per month — more than enough to disqualify many borrowers on maximum debt-to-income ratio standards required by Fannie Mae, Freddie Mac and major lenders.

    Why the sudden concern about new debts incurred after mortgage applications? It’s mainly because Fannie and others have picked up on a key type of consumer behavior that has helped trigger big losses for the mortgage industry in recent years: Some buyers and refinancers hold off on creating new credit accounts until they have cleared strict underwriting tests on the debt-to-income ratios and have been approved for a loan. Then they splurge.

    Additional debt loads can run into the tens of thousands of dollars, executives in the credit industry say. Had those new accounts been in their credit files during the application process, borrowers might have been turned down for the mortgage, required to make a larger down payment or charged a higher interest rate.

    Fannie’s new policy puts the burden of detecting these debts squarely on lenders or loan officers. Whether they pull additional credit reports — still an option allowed under the revised policy — or use some form of monitoring service, lenders must guarantee that the debt loads stated in any mortgage package submitted for purchase by Fannie Mae are scrupulously accurate as of the moment of closing. If not, the lender probably will be forced to endure the most painful form of punishment in the financial industry: a forced “buyback” of the entire mortgage from Fannie Mae.

    Billions of dollars in buybacks have been demanded by Fannie Mae and Freddie Mac this year alone — a fact that is likely to make lenders even more eager to conduct some type of refresher credit check or continuous monitoring of all new loan applicants.

    What does this mean if you’re planning to finance a home purchase or refinance your existing mortgage into a new loan with a lower interest rate? Tops on the list: Be aware that sophisticated credit surveillance systems are now being used in the mortgage industry.

    Next, try not to inquire about, shop for or take on new credit obligations during the period between your application and the scheduled closing. If you seriously want that new loan, keep your credit picture simple — no significant changes, no additions — until you settle on the mortgage.

    During the heady days of the housing boom, nobody was looking for debt add-ons before closings. Now they are scanning for them all the time.

  • 5 Reasons to Stop Worrying About Home Prices, by Eric Schurenberg, Huffingtonpost.com


    The New York Times more or less pronounced the single family home dead as an asset this week. Data from the National Association of Realtors and theFederal Home Financing Agency hammered some nails into the coffin. But come now, folks. Let’s apply a little perspective:

    1. The pessimistic scenario isn’t all that pessimistic One downbeat economist quoted by the Times predicted that housing will rise at the rate of inflation for the foreseeable future. The rate of inflation happens to be roughly the long-term return on residential real estate over the past century, according to Robert Shiller, the Yale economist and real estate historian. So the bubble of 2000 to 2006 was the anomaly, not the “grim” long-term future foreseen by the Times. (Speaking of anomalies, Shiller in this interview warns against over-reacting to the lousy housing numbers that came out this week since they were skewed by the expiration of Uncle Sam’s homebuyer’s credit.)
    2. You can still make money on a house, even if the pessimists are right. If you put 20% down on a home and it rises by the rate of inflation, your equity appreciates at five times the rate of inflation. There’s no guarantee that there will be any appreciation at all–that’s the risk–and maintenance and taxes will take away some of your return. But you don’t need a bubble to be rewarded for taking the risk.
    3. You still get plenty of value from owning a home, even if you don’t make a killing. As my colleague Charlie Farrell points out, paying down a mortgage allows you to accelerate your single biggest housing expense into your peak earning years when you can best afford it. Once you’ve paid it off-at retirement, presumably-you’ve significantly pared your living expenses. And as my colleague Linda Stern points out, you also get a place to call your own for all that time-which is really the point, after all.
    4. If history is any guide, the Times story is a buy signal. These are the kinds of stories that tend to appear on front pages at market bottoms. Yes, the weak economy is keeping home buyers off the market. Yes, foreclosures are clogging the market, and smart people like Barry Ritholtz believe that homes have further to fall. There are dozens of reasons no one will ever buy a home again. But that’s how it always looks at a bottom.
    5. At some price, people will still buy. A house in a reasonably viable neighborhood is not an AIG bond or a share of Lehman Brothers. It has an intrinsic value. People need somewhere to live, and prices have been falling faster than rents. The National Association of Home Builders Affordability Index is near record levels. The CoreLogic home price to rental ratio, which compares prices and rents, shows that the rents and ownership costs are coming back into line, even if they’re not historically cheap yet. But at some price, a home becomes so attractive compared to renting that it becomes foolish not to buy. That price may not be what you hoped. It may well be even lower than today’s price. But your home’s price now is far closer today to that intrinsic value than it was in 2007. Why wasn’t theTimes calling the housing market dead then?

     

    http://www.huffingtonpost.com/eric-schurenberg/5-reasons-to-stop-worryin_b_696437.html

  • New Low Cost Reverse Mortgage Product Coming in October says HUD, Reverse Mortgage News Daily


    During a conference call with industry leaders on Thursday, the Department of Housing and Urban Development said it hopes to roll out a new reverse mortgage product on Oct. 4, 2010.

    The new “HECM Saver” will be a low cost reverse mortgage product insured by the Federal Housing Administration.  Unlike the standard HECM, which has a 2% upfront Mortgage Insurance Premium (MIP), the HECM Saver lowers the cost of entry for borrowers by charging only 0.01% upfront MIP.  The product will also have an annual MIP of 1.25%.

    Offered as both a fixed and adjustable rate, the HECM Saver will have principal limit factors roughly 11-23% lower than the standard product.  While it doesn’t provide as much in proceeds to borrowers, it’s designed as low cost alternative to a home equity line of credit (HELOC).

    During the call, HUD described the HECM Saver as “merely a different pricing option,” noting the rest of the product will remain the same as the HECM standard.  However, many in the industry see it as a big opportunity to broaden the appeal of reverse mortgages by offering a low cost product to consumers.

    HUD said a Mortgagee Letter describing the HECM Saver should be out before September 14th.

    http://reversemortgagedaily.com/2010/08/26/new-reverse-mortgage-product-coming-in-october-says-hud/

  • Procrastination on Foreclosures, Now ‘Blatant,’ May Backfire, by Jeff Horwitz and Kate Berry, American Banker


    Ever since the housing collapse began, market seers have warned of a coming wave of foreclosures that would make the already heightened activity look like a trickle.

    The dam would break when moratoriums ended, teaser rates expired, modifications failed and banks finally trained the army of specialists needed to process the volume.

    But the flood hasn’t happened. The simple reason is that servicers are not initiating or processing foreclosures at the pace they could be.

    By postponing the date at which they lock in losses, banks and other investors positioned themselves to benefit from the slow mending of the real estate market. But now industry executives are questioning whether delaying foreclosures — a strategy contrary to the industry adage that “the first loss is the best loss” — is about to backfire. With home prices expected to fall as much as 10% further, the refusal to foreclose quickly on and sell distressed homes at inventory-clearing prices may be contributing to the stall of the overall market seen in July sales data. It also may increase the likelihood of more strategic defaults.

    It is becoming harder to blame legal or logistical bottlenecks, foreclosure analysts said.

    “All the excuses have been used up. This is blatant,” said Sean O’Toole, CEO of ForeclosureRadar.com, a Discovery Bay, Calif., company that has been documenting the slowdown in Western markets.

    Banks have filed fewer notices of default so far this year in California, the nation’s biggest real estate market, than they did 2009 or 2008, according to data gathered by the company. Foreclosure default notices are now at their lowest level since the second quarter of 2007, when the percentage of seriously delinquent loans in the state was one-sixth what it is now.

    New data from LPS Applied Analytics in Jacksonville, Fla., suggests that the backlog is no longer worsening nationally — but foreclosures are not at the levels needed to clear existing inventory.

    The simple explanation is that banks are averse to realizing losses on foreclosures, experts said.

    “We can’t have 11% of Californians delinquent and so few foreclosures if regulators are actually forcing banks to clean assets off their books,” O’Toole said.

    Officially, of course, this problem shouldn’t exist. Accounting rules mandate that banks set aside reserves covering the full amount of their anticipated losses on nonperforming loans, so sales should do no additional harm to balance sheets.

    Within the last two quarters, many companies have even begun taking reserve releases based on more bullish assumptions about the value of distressed properties.

    Now there is widespread reluctance to test those valuations, an indication that banks either fear they have insufficient or are gambling for a broad housing recovery that experts increasingly say is not coming.

    Banks did not choose the strategy on their own.

    With the exception of a spike in foreclosure activity that peaked in early-to-mid 2009, after various industry and government moratoriums ended and the Treasury Department released guidelines for the Home Affordable Modification Program, no stage of the process has returned to pre-September 2008 levels. That is when the Treasury unveiled the Troubled Asset Relief Program and promised to help financial institutions avoid liquidating assets at panic-driven prices. The Financial Accounting Standards Board and other authorities followed suit with fair-value dispensations.

    These changes made it easier to avoid fire-sale marks — and less attractive to foreclose on bad assets and unload them at market clearing prices. In California, ForeclosureRadar data shows, the volume of foreclosure filings has never returned to the levels they had reached before government intervention gave servicers breathing room.

    Some servicing executives acknowledged that stalling on foreclosures will cause worse pain in the future — and that the reckoning may be almost here.

    “The industry as a whole got into a panic mode and was worried about all these loans going into foreclosure and driving prices down, so they got all these programs, started Hamp and internal mods and short sales,” said John Marecki, vice president of East Coast foreclosure operations for Prommis Solutions, an Atlanta company that provides foreclosure processing services. Until recently, he was senior vice president of default administration at Flagstar Bank in Troy, Mich. “Now they’re looking at this, how they held off and they’re getting to the point where maybe they made a mistake in that realm.”

    Moreover, Fannie Mae and Freddie Mac have increased foreclosures in the past two months on borrowers that failed to get permanent loan modifications from the government, according to data from LPS. If the government-sponsored enterprises’ share of foreclosures is increasing, that implies foreclosure activity by other market participants is even less robust than the aggregate.

    “The math doesn’t bode well for what is ultimately going to occur on the real estate market,” said Herb Blecher, a vice president at LPS. “You start asking yourself the question when you look at these numbers whether we are fixing the problem or delaying the inevitable.”

    Blecher said the increase in foreclosure starts by the GSEs “is nowhere near” what is needed to clear through the shadow inventory of 4.5 million loans that were 90 days delinquent or in foreclosure as of July 31.

    LPS nationwide data on foreclosure starts reflects the holdup: Though the GSEs have gotten faster since the first quarter, portfolio and private investors have actually slowed.

    “What we’re seeing is things are starting to move through the system but the inflows and outflows are not clearing the inventory yet,” he said.

    Delayed foreclosures might be good news for delinquent borrowers, but it comes at a high price.

    Stagnant foreclosures likely contributed to the abysmal July home sales, since banks are putting fewer homes for sale at market-clearing prices.

    Moreover, Freddie says a good 14% of homes that are seriously delinquent are vacant. In such circumstances, eventual recovery values rapidly deteriorate.

    Defaulted borrowers were spending an average of 469 days in their home after ceasing to make payments as of July 31, so the financial attraction of strategic defaults increases.

    One possible way banks are dealing with that last threat is through what O’Toole calls “foreclosure roulette,” in which banks maintain a large pool of borrowers in foreclosure but foreclose on a small number at random.

    O’Toole said the resulting confusion would make it harder for borrowers to evaluate the costs and benefits of defaulting and fan fears that foreclosure was imminent.

    http://www.americanbanker.com/issues/175_165/foreclosures-modifications-california-1024663-1.html

  • Multnomahforeclosures.com: Updated Notice of Default Lists


    Multnomahforeclosures.com was updated today (August 24th, 2010) with the largest list of Notice Defaults to date. With Notice of Default records dating back over 2 years. Multnomahforeclosures.com documents the fall of the great real estate bust of the 21st centry. The lists are of the raw data taken from county records.

    It is not a bad idea for investors and people that are seeking a home of their own to keep an eye on the Notice of Default lists. Many of the homes listed are on the market or will be.

    All listings are in PDF and Excel Spread Sheet format.

    Multnomah County Foreclosures

    http://multnomahforeclosures.com

  • Foreclosure rate soars in suburbs, Steve Law, Portland Tribune


    While Portlanders continue to be plagued by home foreclosures, the number of distressed homeowners is spiking even faster in the suburbs these days.

    Foreclosure actions filed against homeowners in upscale Lake Oswego mushroomed 20 percent the first six months of this year, compared with the same period last year, and rose 10 percent in jobs-rich Hillsboro, according to RealtyTrac Inc., an Irvine, Calif., real estate data services company. RealtyTrac counted nearly 300 Lake Oswego properties socked with foreclosure actions from January through June and more than 500 Hillsboro properties.

    Foreclosures also shot up at a rate faster than Portland in suburban Oregon City, Milwaukie, Tigard, Tualatin, Sherwood and St. Helens.

    “The foreclosure activity that is occurring in suburban markets in Oregon is unprecedented,” says Tom Cusack, a retired federal housing manager in Portland who continues to track the issue via his Oregon Housing Blog. “It’s affecting not just rural areas, not just inner-city neighborhoods, but suburban neighborhoods, probably more substantially than any time in the past,” Cusack says.

    From January through June, foreclosure filings grew 6.5 percent in the city of Portland, compared with a year earlier, and 8.5 percent in Portland suburbs, not counting Clark County, according to RealtyTrac data.

    In 10 different local ZIP codes — three in Portland and seven in the suburbs — foreclosure actions were filed against more than 2 percent of all properties the first six months of 2010.

    Dominating local market

    Realtors say a record number of foreclosures dominates the area housing market, depressing home prices but also attracting bargain-hunters looking for distressed properties.

    “Either you’re helping people get into them or helping get out of them,” says Fred Stewart, a Northeast Portland Realtor who operates a website listing foreclosed homes for sale in Multnomah County.

    Distressed properties account for “40 percent of the business right now,” says Dale Kuhn, principal broker for John L. Scott Real Estate in Lake Oswego.

    Every suburb is a unique real estate market, so it’s hard to generalize why some are experiencing more foreclosures now than before. In West Linn, for example, foreclosure filings were down the first six months of the year compared to a year earlier, while things are going in a different direction in its affluent neighbor to the north, Lake Oswego.

    Explanations vary

    One factor could be that many borrowers of modest means took out subprime loans, which were the first to go through foreclosure when those loans “exploded” and reset to much-higher interest rates. Working-class neighborhoods had the highest foreclosure rates in the early months of the Great Recession.

    “They got hit the hardest first,” says Rick Skaggs, a real estate broker at John L. Scott in Forest Grove.

    In the Portland area, an unusually high number of middle-class and affluent borrowers took out interest-only loans and Option ARM or negative-amortization loans. Option ARMs (adjustable rate mortgages) allowed the borrower to pay a minimum monthly mortgage payment — akin to a credit card minimum payment — while tacking more principal onto the loan. Option ARMs and other alternative loans took longer to unravel than subprime loans, and many are now winding up in foreclosure. And those mortgages were more common for more expensive properties.

    They were ticking time bombs, like subprime loans, but they had longer fuses, says Angela Martin, of the Portland public interest group Our Oregon.

    Stewart offers another reason for the surge in suburban foreclosures. He’s noticing a larger pool of buyers now for closer-in Portland neighborhoods, as people seek to avoid long commutes. People selling distressed properties in Northeast and Southeast Portland have more options to sell than someone saddled with an unaffordable mortgage in a suburb, Stewart says.

    Tables turned

    Recent state and national statistics also reveal a counterintuitive trend — affluent homeowners are going into foreclosure lately at a higher rate than others.

    Cusack recently analyzed data for Oregonians who took out traditional 30-year Federal Housing Administration loans since mid-2008. He found that the greater the loan amount, the greater the chances those became problem loans.

    “The default rate and the seriously delinquent rate were higher for higher-income loans,” Cusack says.

    Business owners and other affluent homebuyers who settled in suburban markets also had more resources available to hold onto their homes than lower-income homeowners, at least during the earlier stages of the Great Recession. That may explain why places such as Lake Oswego are seeing such an upsurge in foreclosures now.

    “If you paid a half-million for anything in Lake Oswego in 2007, you’re ‘under water,’ ” Stewart says. That’s the term for people who owe more on their mortgage than their home is worth.

    Portland bankruptcy attorney Ann Chapman, of the firm Vanden Bos & Chapman, is seeing an uptick in affluent clients coming to her office.

    They had been turning to pensions, savings and family money to hold onto their homes and businesses, Chapman says. But as the economic downturn grinds on, some clients see the best option as dumping their home and filing for bankruptcy reorganization.

    Affluent homeowners make a more sober assessment when they realize their homes aren’t going to be worth the mortgage amount for many years, she says. “They’re going to potentially be less emotionally involved when it comes to stopping the bleeding.”

    It’s often a different story for lower-income homeowners who hope to hold onto the only homes they’ve ever had, or hope to have. “They get blinded by their optimism or their paralysis,” Chapman says.

    Little relief in sight

    Many Realtors say it’s a great buyer’s market now for those who have steady jobs, because interest rates are low and prices have fallen so much. But don’t expect the onslaught of Portland-area foreclosures to end any time soon.

    “We are nowhere near the end if you look at the number of homeowners that will ultimately be at risk,” says Martin, citing a new study by the North Carolina-based Center for Responsible Lending. Based on that study, she figures Oregon is only halfway through the foreclosure crisis, in terms of the number of people affected by foreclosures.

    Skaggs says he wishes he could be more positive, but he doesn’t see the light at the end of the tunnel. He just spoke with an investor last week who is about to walk away from five rental homes and let the bank take them back. Three of the homes are in the Beaverton area, one is in Bend and one is on the Oregon Coast.

    “I probably know at least 15 people that in the next month or two are going to walk away from their homes.”

    stevelaw@portlandtribune.com

    http://www.portlandtribune.com/news/story.php?story_id=128216600543594000

  • New Fed rules aim to protect home buyers


    WASHINGTON • In a move long sought by consumer advocates, the Federal Reserve issued on Monday rules intended to prevent brokers and lenders from unfairly profiting from new mortgage loans.

    The rules ban the abuse of the yield-spread premium, a practice that often put buyers into unstable and expensive loans simply to generate extra commissions.

    “This is a real milestone,” said Michael Calhoun of the Center for Responsible Lending, which had long argued against the premiums.

    “People didn’t just happen to end up in risky loans during the boom,” Mr. Calhoun added. “Mortgage brokers and other people on the frontlines were getting two to three times as much money to push buyers into those loans than they were into 30-year fixed-rate loans. So what do you think happened?”

    In some cases, borrowers never knew they were paying more in interest than they needed to. In others, they thought they were saving money by exchanging lower fees for a higher rate. But consumer groups argued that the borrowers often ended up paying both higher fees and a higher rate.

    While the new rules prohibit payments to a lender or broker based on the loan’s interest rate, they allow for compensation based on a fixed percentage of the loan amount.

    The Fed rules take effect in April. Similar and in some ways more comprehensive rules are in the financial reform bill that passed Congress this summer. Those rules will take effect later.

    Fannie Mae and Freddie Mac in spotlight • The administration of President Barack Obama will bring together bankers, investors, housing experts and policymakers today for the Conference on the Future of Housing Finance. The goal is to address the problems of Fannie Mae and Freddie Mac.

    Practically all new U.S. mortgages are guaranteed by Fannie Mae and Freddie Mac and the Federal Housing Administration. Since the credit crisis began the Federal Reserve has purchased $1.1 trillion in agency mortgage securities as a means of propping up the market and keeping loan rates low. This creates great risk for the taxpayers.

    Fannie Mae and Freddie Mac “are quite profoundly broken,” economist Raj Date of the Cambridge Winter Center told CNN. “But no one wants to disrupt the only thing that’s working right now in the mortgage market.”

    Congress under pressure • Rep. Barney Frank, D-Mass., said the House Financial Services Committee would hold hearings in September on the Fannie Mae and Freddie Mac situation.

    Lawmakers agree that Fannie and Freddie should stop borrowing heavily from the capital markets. Beyond that, there is little agreement.

    Democrats seem to be moving in the direction of turning Fannie and Freddie into much smaller entities that buy individual mortgages, pool them and sell them back into the market to private investors. Republicans who don’t back a fully private market are likely to push for a government guarantee that is available for any corporate mortgage investor packaging loans, not just Fannie and Freddie.

    However, some sort of government guarantee is likely, largely because of the influence of the housing lobby, including the Mortgage Bankers Association, the National Association of Realtors and the National Association of Home Builders.

    “The housing industry is dead set on having guarantees,” said Mark Calabria, of the CATO Institute in Washington.

    http://www.stltoday.com/news/national/article_36fd938b-22ec-518b-a5ec-73b2b104ec24.html

  • Oregon’s homeownership program to receive an additional $49.2 million, by Jeff Manning, The Oregonian


    Though it’s months away from awarding a single dollar to struggling homeowners, Oregon’s newly established foreclosure-prevention program keeps growing.

    Oregon’s Homeownership Stabilization Initiative is in line to receive another $49.2 million, the U.S. Treasury Department announced Wednesday. That’s on top of the $88 million already awarded by the Treasury.

    Oregon officials are still refining the details of its program and won’t be ready to begin dispensing money until the end of the year, said Michael Kaplan, director of the program.

    “We’re thrilled,” Kaplan said. Even with the addition of the new money, he said, “we have so much more demand than we have resources.”

    The foreclosure epidemic has claimed thousands in Oregon, largely due to the state’s high unemployment. Though it remains far behind foreclosure epicenters like Nevada and California in sheer numbers of foreclosures, Oregon is now seeing new mortgage defaults increase at the third-fastest rate in the country.

    The new funding comes amidst a heated debate in Washington, D.C. about government spending and the spiraling federal deficit. While many economists argue the government needs to increase spending to jumpstart the economy, others maintain the country is drowning in red ink.

    With the new anti-foreclosure money, the Obama administration is sending a clear signal it intends to continue to inject public money into the economy.

    In addition to the new foreclosure prevention money, the Department of Housing and Urban Development announced Wednesday the launch of new $1 billion short-term loan program for at-risk homeowners.

    The 24-month loans will be available to homeowners facing foreclosure in part due to “a substantial reduction in income due to involuntary unemployment, underemployment or a medical condition,” HUD announced.

    Sen. Jeff Merkley, D-Ore., who has emerged as a vocal advocate for individuals slammed by the economic crash, hailed the new programs. “This funding will help Oregonians who have lost a job through no fault of their own while they get back on their feet,” said Merkley.

    Obama first announced formation of the Hardest-Hit Fund in February, steering money to the 17 states most impacted by the foreclosure wave. The Treasury Department announced Wednesday that it is sending another $2 billion to the program, aimed at states where unemployment has remained high.

    Qualifying standards for Oregon’s program are still being worked out, as are many of its details. Tentatively, the state envisions four different types of aid:

    Loan modification assistance will help homeowners who are on the verge of successfully modifying their existing mortgages but require a small amount of additional financial resources to do so.

    Mortgage payment assistance will help economically distressed homeowners pay their mortgages for up to one year.

    Loan preservation assistance will provide financial resources that a homeowner may need to modify a loan, pay arrearages, or clear other significant financial penalties after a period of unemployment or loss of income.

    Transitional Assistance will help homeowners who do not regain employment during the period of mortgage payment help with the resources needed to move to affordable, most likely rental, homes.

    http://www.oregonlive.com/business/index.ssf/2010/08/oregons_homeownership_program.html

  • Oregon gets federal money to help unemployed avert foreclosures, Charles Pope, The Oregonian


    WASHINGTON — The Obama administration released $600 million Wednesday to help unemployed homeowners in Oregon and four other states avoid foreclosure.

    Oregon, where one in every 76 homes is facing foreclosure, qualifies for $88 million.The money will be used to help distressed homeowners.

    The money will be available to state housing authorities in Oregon, Ohio, South Carolina, Rhode Island and North Carolina “to support local initiatives to assist struggling homeowners in these five states that have high percentages of their population living in areas of economic distress due to unemployment,” the Treasury Department said.

    According to Treasury, the money will augment “targeted programs to expand options for homeowners struggling to make their mortgage payments because of unemployment, as well as programs to address first and second liens, facilitate short sales and/or deeds-in-lieu of foreclosure, and assist in the payment of arrearages.”
    State officials in Oregon estimate that up to 7,400 homeowners will be helped.

    Among other things, Oregon will:

    — provide funds to assist with loan modifications, including through principal reduction and arrearage payments.

    — provide up to six months of mortgage payment assistance for an unemployed borrower or a borrower experiencing other financial distress. Lenders or servicers would be required to match for up to an additional six months.

    — offer funds to ensure a successful modification or pay arrearages or other fees incurred during unemployment or financial distress once a homeowner has regained employment or recovered from that financial distress.

    — provide assistance to borrowers who participated in the state’s Hardest Hit Fund unemployed borrower program but did not subsequently regain employment in order to facilitate a short sale or deed-in-lieu of foreclosure. This assistance would be matched by lenders or servicers.

    In all, states estimate that approximately 50,000 struggling homeowners will receive aid.

    Wednesday’s announcement is only the latest in the Obama administration’s efforts to dent the foreclosure crisis.

    The money is part of the $2.1 billion is directing from its existing $75 billion mortgage assistance program to a total of 10 states. Each state designed its own plan. Treasury approved money in June for Arizona, California, Florida, Michigan and Nevada.

    In the latest package of aid, Ohio will receive $172 million — the largest amount of money. That could aid around 15,000 homeowners by helping borrowers pay their mortgage for up to a year while they search for jobs. It could also provide incentives for mortgage companies to reduce borrowers’ mortgage balances.

    North Carolina is receiving $159 million, and South Carolina is in line for $138 million while Rhode Island is receiving $43 million.

    http://www.oregonlive.com/politics/index.ssf/2010/08/oregon_gets_federal_money_to_h.html

  • Multnomahforeclosures.com: Bank Owned Property List Update for July 2010


    July REO list for bank owned property has been added to Multnomahforeclosures.com . REO lists for Clackamas, Multnomah and Washington County has been addd to the site. The homes listed in these files were deeded back or returned to the investor or lender due to the finalizing of the foreclosure process. Many of these homes may already be on the market or will soon will be. It would not be a bad idea to contact the new owner of these properties and find out what their plans are when it comes to their future ownership of the property.

    Multnomah County Foreclosures
    http://multnomahforeclosures.com/

  • Demystifying Income Documentation, By Jason Hillard, Fireside Lending Group


    Having discussed the importance of the home loan pre-interview, I would like to dedicate a little time to income documentation. There is a lot of confusion about this subject, and thanks to an atrociously lazy mainstream media, and some irresponsible “new media”, disagreements on the issue are still coming up in day to day business operations.

    This is a list of the items your mortgage professional NEEDS from you, REGARDLESS of what type of home loan you want or what type of borrower you are.

    –most recent 30 days of paystubs
    –most recent statement for any depository account, ALL PAGES
    –most recent statement for any other liquid assets or retirement plan
    –most recent 2 years federal tax returns with ALL PAGES/SCHEDULES
    –any divorce/alimony/child support documentation
    –any bankruptcy discharge documentation from the last 10 years

    The reality is that most loans now are what is referred to as “full doc”, which is to say that you will be subject to a financial rectal exam. There are some stated income programs coming back, but bank on your next home loan funding as a result of a full fledged inquest into your personal finances. We’re talking mortgage court-marshal, so you need to be prepared.

    It may sound funny, but you really should frame your thinking around this analogy. Your mortgage professional is really taking up your case, not just packaging a home loan. The underwriter is the judge, jury, and executioner. That is why you need someone who vigorously represents you, like us. (We are not above plugging our outstanding services.)

    So I am now going to explain the thinking behind each of these items, from an underwriter’s perspective. You know you are a good person who will pay back what is owed, and so do we. Let’s delve into the mind of the cagey underwriter though, and see where it leads.

    30 days of paystubs
    This is pretty simple, obviously. But it does go a little beyond “does this person have a job that pays legal tender?”

    What the elusive underwriter is searching for is your year-to-date (YTD) numbers. Does this person work an average of 40 hours? Is there overtime pay that is consistent? What about commisions and bonuses? And is this borrower’s income consistent with the tax returns provided?

    Now, some check stub formats provide a lot of information, and others leave something to be desired. However, it is estimated that 30 days worth of paystubs will provide an accurate representation of monthly income calculated on a yearly basis. “In plain english”, you say? Your YTD pay divided by the number of months so far this year minus one month equals your monthly income.

    Most Recent Depository Statements
    This is usually your most recent bank statement, for all accounts you have. This helps to verify liquid assets. It is very important when running your situation through the automated underwriting software to have this information accurate. This verifies the number of months of cash reserves you have and/or whether you actually have your down-payment available.

    Why do we emphasize ALL PAGES? We know…your balance is on the first page. However, when an underwriter sees “page 1 of 7″ on your bank statement, they immediately want to know, and quite honestly NEED to know what the other 6 pages say. Are there car loans, lines of credit, etc. that aren’t shown on the 1st page? The underwriter needs to assume the worst at all times in order to protect their mortgage company from exposure to loan buybacks.

    Other Asset & Retirement Statements
    More “liquifiable” assets. Stocks, bonds, 401ks, IRAs, etc. What resources do you have that you can sell to make your payments in the event that your income disappears? That’s why we need proof of these items. Important note: for most loan programs, the value of 401ks and IRAs will be decreased by 3o per cent. The reason for this is that if you lose your job, and have to dip into these funds to make your payments, there will be about 30% in penalties and taxes you will have to pay for early withdrawal.

    Last Two Years Federal Tax Returns (All Pages)
    These aren’t always needed. However, we always ask for them. More and more, the automated underwriting systems are requiring them. And even if the underwriter doesn’t need them, it’s a good idea to show them to your mortgage professional. Why? Because, you will be signing a disclosure (4506T) stating that the lender has the right to request transcripts of your last 2 federal tax returns. This right will be exercised. Having a competent mortgage professional look over them upfront assures a smaller chance of “issues” coming up later. You may have what are called “2106” expenses, which reduce your income in the eyes of the underwriter. If you are riding the fence with your debt-to-income ratio, this can implode your home loan.

    As for the self-employed, we will always need 2 years of federal tax returns. There’s no way around it right now.

    Divorce Decrees & Child Support
    Divorce is a nasty thing, and it can rear its ugly head AGAIN the next time you apply for a mortgage. Is there an alimony agreement? Alimony reduces your income. How long will it continue? Is there child support involved? Again, how long will you be obligated to pay it? Is either amount scheduled to increase? The bank has to look at the big picture when it comes to your overall liabilities, and these can play a huge role in determining your debt-to-income ratio.

    Bankruptcy
    Chapter 7 or Chapter 13? When was it discharged? What was included? What was excluded? The details and date of your bankruptcy discharge is a crucial piece of information. The lender must document what liabilities remain, which are cleared, and that the requisite amount of time, as prescribed by the mortgage product you are applying for, has transpired since the discharge.

    Other Circumstances
    You may have a pension that you are looking forward to in the future. Unfortunately, it doesn’t have any cash value now, so it cannot be considered as an asset right now. And you’re not receiving any income from it right now, so it doesn’t offset your debt-to-income ratio.

    Maybe you just started your own business last year, and things are going great. Unfortunately, current underwriting guidelines do not allow us to consider self-employed income unless you have been in business for two years, as evidenced by 2 years of federal tax returns.

    There are all kinds of unique situations, and we are always happy to help you determine where you stand.

    Please understand that in order to truly apply for a home loan, you need to have these items prepared. We don’t ask for them just to make your life miserable. Your mortgage professional is your advocate, not your enemy. You have to present them with ALL of the information so that they can properly represent you in front of the judge. I mean underwriter.

    If you have any questions about income documentation or mortgages in general, please feel free to shoot us an email! Jason Hillard, Fireside Lending Group jasonh@firesidelendinggroup.com

  • MultnomahForeclosures.com Update: New Notice of Default Lists Posted


    Multnomahforeclosures.com was updated today with the largest list of Notice Defaults to date. With Notice of Default records dating back over 2 years. Multnomahforeclosures.com documents the fall of the great real estate bust of the 21st centry. The lists are of the raw data taken from county records.

    It is not a bad idea for investors and people that are seeking a home of their own to keep an eye on the Notice of Default lists. Many of the homes listed are on the market or will be.

    All listings are in PDF and Excel Spread Sheet format.

    Multnomah County Foreclosures

    http://multnomahforeclosures.com

  • Multnomah County Foreclosures


    It has been nearly 5 months since Multnomahforeclosures.com (http://www.multnomahforeclosures.com/) has been updated. As of July 6th, 2010 the site will be updated weekly again. Each week the Notice of Default lists for several counties in Oregon and Clark County will be posted. This information is public information and is provided to make it easier for real estate buyers and the professionals that serve them to develop opportunities in the Oregon market.

    Visit Multnomah Foreclosures, download the Notice of Default reports for free and help the Oregon Market grow!

  • Oregon’s rich getting richer and all others falling behind, wage study shows By Jeff Manning, The Oregonian


    A new analysis of state wages shows that the gulf between Oregon’s wealthy and everyone else continues to widen.

    Oregon’s wealthiest are not only earning more, but the rate at which their incomes are growing far outstrips the middle class and the poor.

    Meanwhile, the middle class continued to encounter stagnant wages this past decade — even during the vaunted economic boom that preceded the bust — and saw its compensation fall back to 2001 levels in the recession-racked year of 2008, according to a draft analysis of wage trends by the Oregon Employment Department.

    Inflation-adjusted annual wages for Oregon’s top 2 percent of earners hit $153,480 on average in 2008, a 29.5 percent increase from 1990.

    Workers at the 50 percentile, meanwhile, earned $32,659 in 2008, an increase of just 2.4 percent over 1990 after adjusting for inflation.

    “Wage inequality in Oregon rose steadily between 1990 and 2000, declined slightly in 2001 and 2002, and continued to increase to its peak in 2007,” the study said.

    The analysis considers only wages. The disparity would be far greater if the numbers included investment income.

    The growing income gap takes on a new significance as Oregonians consider Measure 66, which would increase by 1.8 percentage points the marginal tax rate on personal income above $250,000 for couples, $125,000 for an individual.

    Long after Measure 66 is a distant memory, however, the wage gap will pose a daunting challenge, threatening America’s view of itself as a land of equal opportunity, some economists argue.

    The free-market fervor that has gripped the country since the Ronald Reagan administration has allowed the country, for the most part, to remain competitive in a globalized economy. But some contend that the trickle-down economy has sent just that — a trickle — to the masses, while steering a torrent of riches to the wealthy.

    “There’s something going on at the very top, an explosion of the ‘uber-rich,’” said Bryce Ward, a senior economist with Portland-based consulting firm ECONorthwest. “There’s been no growth in a decade for the middle.”

    Fiscal conservatives generally have dismissed concerns about income inequality as “class warfare.” They argue that economic growth benefits rich and poor alike.

    But recently, there has been some recognition from the right that a struggling middle class and a dysfunctional underclass poses a threat to all.

    In a controversial and much-cited article that ran this winter in the quarterly National Affairs, conservative writer and entrepreneur Jim Manzi argues that the growing income disparity poses a dilemma for which there is no obvious answer.

    “If we reverse the market-based reforms that have allowed us to prosper,” Manzi wrote, “we will cede global economic share; but if we let inequality and its underlying causes grow unchecked, we will hollow out the middle class — threatening social cohesion, and eventually surrendering our international position anyway.”

    It wasn’t always this way.

    Liberal-leaning economists point to the decades after World War II as a golden era when the economy enjoyed sustained, vigorous growth, despite high taxes, and the benefits of that growth were evenly spread across the socio-economic spectrum.

    Those growth years helped create the middle class as we now know it, a huge group that enjoyed low unemployment and big wage gains and even some degree of retirement security.

    The golden era began to wane in the 1970s.

    The economy struggled, inflation ate up people’s buying power, as did double-digit interest rates. And for the first time in decades, wages no longer grew in lockstep with gains in economic productivity, said Heidi Shierholz, a labor economist with the liberal Economic Policy Institute.

    A laundry list of powerful forces contributed to the stagnating wages: The decline of organized labor, the erosion of the minimum wage, the shift from a manufacturing-based to service-based economy, and, perhaps most of all, the globalization of the economy, Shierholz said.

    Manzi adds immigration to that list. While globalization forced American employers to compete with low-wage foreign operations, immigration provided a stream of low-skilled workers across our borders willing to accept less.

    American political leaders turned to free-market policies to see them through the uncertain new era. The Reagan administration deregulated industries and cut taxes. George W. Bush followed up with further tax reductions in the name of spurring the economy.

    The free-market policies helped America pull out of the economic doldrums. But Manzi and many other economists contend the rising tide did not lift all boats.

    “Rising inequality would have been easier to swallow had it been merely a statistical artifact of rapid growth in prosperity that substantially benefited the middle class and maintained social mobility,” Manzi wrote. “But this was not the case. Over the same period in which inequality has grown, wages have been stagnating for large swaths of the middle class, and income mobility has been declining.”

    It’s this decline in social mobility — the ability of Americans to rise beyond their socio-economic origins — that worries Ward. The rags-to-riches story that has long been a bulwark of the American Dream still happens. But it’s becoming more rare, he argues.

    “My concern is just with opportunity,” Ward said. “There should be no correlation between your parents’ earnings and yours.”

    In a 2007 article he co-wrote about wage inequality, Ward pointed out that in 1965 the typical CEO earned 24 times what the typical worker earned; in 2005, 262 times.

    Along with stagnant wages has come what sociologist Jacob Hacker calls “the great risk shift.” In a trend that has only picked up steam in the recession, employers have slashed health care and retirement benefits, leaving workers to shoulder more of that burden.

    Jared Bernstein, an economic advisor in the Obama administration, describes the new paradigm as the “yo-yo” economy, for “You’re on Your Own.”

    At least one prominent economist argues that income inequality has already taken a devastating toll.

    University of Chicago economist Raghuram Rajan, former director of research at the International Monetary Fund, posits that stagnant wages for the bulk of Americans contributed to the economic crash. Millions of Americans wracked up unprecedented debt earlier this decade because their compensation failed to keep up with the cost of living, Rajan theorizes.

    The nation’s financial sector enabled the debt bubble and then sliced and diced bad loans into bad mortgage-backed securities.

    It all blew up in 2007 and 2008.

    The recession’s impact is reflected in the Employment Department wage numbers.

    The study compares wages for four-quarter employees (those who worked all four quarters but not necessarily full-time) from 1990-2008 for four different income groups.

    Oregonians earning at the 50th percentile saw their inflation-adjusted wages grow 4.5 percent from $31,866 in 1990 to peak of $33,318 in 2004. The group’s income has fallen every year since then, finishing 2008 at $32,659, the lowest level since 2001.

    In contrast, those at the top 98th percentile of earners saw their inflation-adjusted wages climb 31 percent in the same 18 years from $118,453 in 1990 to a peak of $155,496 in 2007.

    The downturn took its toll on the high earners as well. Their income dipped to $153,480 in 2008.

    Wage numbers are not yet available for 2009. But given the state of the economy, they likely won’t improve for any income group.

  • Oregon ended 2009 11th in nation for foreclosure, Portland Business Journal


    Lenders foreclosed on 34,121 Oregon homes in 2009, three times more than in 2007 and well ahead of national trends.

    According to year-end figures released late Wednesday by Irvine, Calif.-based RealtyTrac Inc., there were 90 percent more foreclosure actions involving Oregon residences in 2009 than in 2008 and a whopping 303 percent more than in 2007, when the meltdown began.

    The picture wasn’t any better nationwide, with nearly 4 million foreclosure filings against 2.8 million U.S. properties, 21 percent more than 2008 and 120 percent more than 2007.

    The report showed that 2.2 percent of all U.S. homes or one in every 45 residences received at lease one foreclosure filing during the year.

    “As bad as the 2009 numbers are, they probably would have been worse if not for legislative and industry-related delays in processing delinquent loans,” said James Saccacio CEO of RealtyTrac. “After peaking in July with over 3621,000 homes receiving a foreclosure notice, we saw four straight monthly decreases driven primarily by short-term factors: trial loan modifications, state legislation extending the foreclosure process and an overwhelming volume of inventory clogging the foreclosure pipeline.”

    Nevada, Arizona and Florida had the nation’s highest foreclosure rates while California, Florida, Arizona and Illinois together accounted for half of all activity.

    Oregon ranked 11th, with 2 percent of all homes affected, or one in 47.

    Clackamas, Columbia, Deschutes, Jackson, Jefferson, Josephine and Yamhill counties had Oregon’s highest foreclosure ratings.

    Washington state ranked 24th, with 35,268 foreclosure actions, 132 percent more than in 2007.

    http://portland.bizjournals.com/portland/stories/2010/01/11/daily33.html

  • Important New Regulations Affecting Closing Dates!


    From the Desk of Phil Querin, Partner, Davis Wright Tremaine, LLC, PMAR/OREF Legal Counsel

    Although the initial annual percentage rate (APR) on a residential loan is disclosed in the Good Faith Estimate early in the purchase transaction, it can change before closing. Under the new rules enacted in the Truth in Lending Act, effective on July 30, 2009 (last Thursday), if the actual (i.e. the final) APR varies from that initially disclosed on the Good Faith Estimate by at least .125%, then there is a mandatory additional three (3) business day waiting period before the transaction can close. So if the final APR isn’t disclosed until late in the transaction, it could potentially force the three (3) business day period to extend beyond the closing date set forth in the Sale Agreement.

    As you know, the Oregon Real Estate Forms (OREF) closing date is written in stone – there are no automatic extensions – so if it appears that the APR could be held up or there is any indication that the APR will change at closing, brokers would be well-advised to get seller and buyer to agree in advance to a written extension as a contingency if the final APR causes the three (3) business day period to extend beyond the scheduled closing date. OREF will be meeting shortly to consider some additional language for the new sale agreement form, although it won’t actually get printed and distributed until early next year. In the meantime, I have recommended to my clients that they may wish to consider adding an addendum to their sale agreements with language such as the following: ” In the event that Buyer’s final Annual Percentage Rate (“APR”) differs from the APR initially disclosed to the Buyer in the Good Faith Estimate by .125% or more, the Closing Deadline defined in the Real Estate Sale Agreement shall automatically be extended for three (3) additional business days in accordance with Regulation Z of the Truth in Lending Act ,as amended on July 30, 2008.”

    This, of course, is subject to the review of the companies’ principal broker and legal counsel.

  • Short Sale vs Foreclosure – EFFECT ON CREDIT, By Paul Dean, Evergreen Ohana Group


    I thought this information would be beneficial to know, when you are dealing with sellers on a Short Sale basis. Many consumer don’t realize the impact of a short sale on their credit. Read the attached article and commentary from our credit agency below. There are a couple KEY pieces:

    1. Foreclosure – lenders won’t do another loan for 4 yrs. (Bankruptcy is now 4yrs also)

    2. Short sale – if they keep payments current and their credit is relatively intact, and they do due diligence with the lender to determine how they will report the Short sale on their credit report (ie. “settled” is the best, Deed in Lieu is the same effect as a “foreclosure”) this will result is the least amount of damage to their credit rating. That also goes for a Notice of Default (NOD), even though a foreclosure process was started and the seller is able to sell the home prior to it actually going to foreclosure sale, this will be reported as “foreclosure in process” on their credit, which is treated as a “foreclosure” for credit scoring purposes.

    3. Oregon is not a deficiency State. Meaning that Oregon does not pursue the seller for any deficiency. The banks just take the loss, the seller’s credit is damaged, and that’s the end of it.

    4. The biggest advantage to sellers in a Short Sale is keeping payments as current as possible and getting the lender to reflect the account as “settled”. That will allow this borrower to secure another home loan sooner (maybe 2yrs), rather than if a foreclosure or NOD (4yrs) is reported on their credit.

    I think this is valuable information to share with your sellers.

    To Your Success,

    Paul Dean
    Principal
    Evergreen Ohana Group
    5331 SW Macadam Ave, Suite 287
    Portland, OR 97239

    Office: (503) 892-2800 Ext.11
    Fax: (503) 892-2803
    Email: pauld@evergreenohana.com
    Website: http://www.evergreenohana.com
    OR ML-21,WA 510-LO-33391, WA:520-CL-50385