San Jose Short Sale Agent: Silicon Valley Foreclosure Prevention Specialists

It’s about time something like this took away these incentives which were often not disclosed to the borrowers.  It is my humble opinion one of the major reason why we had the sub-prime and the Option ARM mess was primarily due to this practice: paying loan brokers a bonus for steering their clients into high risk loans which they knew would not benefit their clients.  This was the classic case of agency going awry: the agent was looking out for his own interest to the detriment of his client. A serious conflict of interest.

My philosophy is simple: always know how people get paid to determine their motivation.   My commission structure is written out in our listing contract; there is no room for undisclosed bonuses.   My clients know exactly how I get paid, so they know my motivation from the start.  Imagine if I got a huge bonus from the buyer’s lender if I chose their offer over another and steered my clients into accepting their offer, which was a less than favorable offer because I was influenced by said bonus.  Would this be a conflict of interest and would the client have taken my advice if they knew of this secret bonus?

How did the Realtor Associations avoid this type of conflict of interest?  By the use of the Agency Relationship Disclosure document(CAR form AD).  This document laid out exactly the contractual obligation of the agent vis a vis his client.   It states, I owe my sellers or my buyers (depending on whom I represent): “A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.” (or buyer, if I represent the buyer).

What does Fiduciary duty mean?  According to dictionary.com fiduciary duty is:

“the legal duty of a fiduciary to act in the best interests of the beneficiary”

Best interest of the beneficiary, or my client.  I have to put my client’s interest over my own.  Hence, even if I were to be offered a secret bonus, I could not take said bonus if it would not be in the best interest of my client.  Naturally, I could accept such a bonus if I revealed it to my client and they still thought said bonus would be in their best interest.

I am not saying all Realtors are angels, but because they had to sign these disclosures which contractually obligated them, it removed any temptations.  The same can be said of loan brokers; I am not accusing all loan brokers of this despicable practice, I’m sure most didn’t engage in such practices.   However, because there was no mandatory requirement for the use of such instrument as the Agency Relationship Disclosure, it made it tempting for those brokers who may have decided enriching themselves was more important than looking out for the best interests of their clients.

To control the practice of such steering, the Federal Reserve chose to simply remove the temptation by banning the practice of paying such bonuses all together.  One way or another, the borrower’s best interest will now be better protected and that is a good thing.

Ah, Bank of America did not voluntarily agree to principal write downs on some  45,000 of Countrywide Mortgage loans because it was the right thing to do after all………  Now we know the true reason for that grand gesture………

Read Article here.

Hip Hip Hooray!

Bank of America today announced its decision to agree to permit principal forgiveness for certain Countrywide loans which are severely underwater.  This decision will affect some 45,000 borrowers who have “sub-prime and pay-option” loans.

This is fantastic news for those who are affected, as negative equity or being under-water, is one of the biggest reasons why some borrowers face foreclosure.  Of course, the fact that some of these borrowers are voluntarily choosing foreclosure and walking away probably has something to do with BofA’s announcement today as well.

Countrywide issued a lot of sub-prime and  option ARM products to consumers in California, could it be that they are acknowledging they were questionable products?

Whatever the reason, this is good news for all distressed property owners as this may be the first step and other lenders may follow Bank of America’s steps.

In less than a week 2009 will leave us behind and we will greet the new decade by welcoming 2010.   In the last 3 years of the past decade, we have seen a dramatic shift in the real estate market place.  A shift that most of us could not fathom in the beginning of the passing decade; yet reality bit us hard and we got to live through an epic correction in the real estate market place.

Are we out of it yet?  Of course not. Have we by-passed the worst of it?  Probably.

However, as long as Silicon Valley’s unemployment rate remains above 11% and the dreaded shadow inventory along with the toxic option ARM fiasco about to recast in the coming couple of years, things will not be back to normal and we will not be completely out of the woods for a few more years until the market fully corrects itself by ridding itself of the excess capacity of distressed properties.

But, I don’t want to imply that there is only gloom in the horizon.  According to newly released sales data from CAR (California Association of Realtors), we here in Santa Clara County did fairly well in the past 12 months: the median price of our homes increased by 17%! I am quite certain that increase was largely fueled by the First Time Home Buyer Tax Credit Incentive program.

We went from $515,000 in November 2008 to $605,000 in November 2009. (Chart A)  That is certainly a step in the right direction towards price stabilization on the one hand, but a bit disconcerting because the affordability index has now fallen for two consecutive quarters and is now on a declining slope.   (Chart B)

I personally don’t believe it is in our best interest to get back to the peak prices of April 2007 when the median home price reached $868,410 (Chart C) and only about 25% of the first time homebuyers in California could afford to buy a median priced home (keep in mind that the median price in California is significantly less than Santa Clara County).  As the data in Chart C demonstrates, the median home price is inversely proportionate to the Affordability Index.   It is better for us to have lower prices so more people can afford to become home owners.  But regardless of what I think, the market will dictate prices.   We will see next year how the market reacts to the changing economic factors.

Here is one of my favorite bloggers who writes often about a topic very close to my heart: the option ARM fiasco brewing in California. He has access to and extrapolates some amazing data.  I wish I had access to such data.   In this particular post, he lays out simply why option ARMs will be the next big wave of foreclosure headache coming down the road.  And the incredible fact is that according to him, 78% of these time bombs have yet to recast. On top of that, the bulk of these (58%) problem loans originated in California.   

Talk about a problem coming down  the  road…..

Read this post.

I have been talking about the problems brewing in the Alt A and more specifically about Option ARM loan markets.  Alt A loans reside between prime and sub-prime loans in terms of credit risk from a lender’s perspective and are characterized by the lack of documentation or proof of assets; they were often called Liar’s loans.   A good explanation of Alt A can be found in this article.

CAR’s data regarding activities in Sub-Prime and Alt-A loans for 2009 revealed some disturbing trends in the coming months.

Look at the numbers of Alt-A loans out in the market: 632,215 or 5% of all loans in California. And of those, 70% are ARMs or adjustable rate mortgages – meaning their teaser rates will reset some time in the future.   The bulk of the Sub prime mess has already reset and in the coming future only a small number is scheduled to reset in the next 24 months (15.6%).  But look at Alt-A by comparison.  Only 46.9% have already reset and look at the bomb that is ready to reset within the next 24 months as of May 2009!  40.4%! Unfortunately, there were no dollar figures associated with this graph. And buried in that number is the truly toxic Option ARM which is almost a guaranteed foreclosure simply waiting to happen. If people think the sub-prime mess is over, they are probably correct.  But look at the beast that  is coming down the road; we may only be half done.

As of Jan. 1, 2010, a mortgage broker will be deemed a fiduciary with a duty to place the borrower’s economic interest above his or her own. The Office of Real Estate Appraisers (OREA) will have regulatory oversight of appraisal management companies and will implement a registration system for appraisal management companies, including fingerprinting and background checks for persons with operational authority, as defined. The new law also clarifies what conduct constitutes improperly influencing the appraisal process by anyone with an interest in a real estate transaction.

Other significant laws also are in place. For detailed information, please visit www.leginfo.ca.gov on car.org.

This is from the CAR legal update informing Realtors  of changes in the law that may affect us.

I did not realize that Mortgage Brokers did not have a fiduciary duty to their clients!  The first document a Realtor signs with his/her client is an Agency Relationship Disclosure which puts into writing the fiduciary obligation to put the client’s interest ahead of our own economic interests.   No wonder some of these unscrupulous brokers were pushing option ARM loans on their clients………..

As a San Jose Short Sale Agent, I wanted to know what percentage of the properties listed in the local MLS represented distressed properties.   Rather than rely on other people’s interpretation of the data, I decided to pull my own directly from the MLS.

I first pulled all of the particular types of property (either Single Family Residences or Condo/Townhomes) which were in active status  today in Santa Clara County.  Then I pulled from all of the same properties the ones that were identified by the listing agents as Short Sale and as REO (bank owned properties) to get the results.

The numbers were significant, but a bit less than I had anticipated.

Single Family Residences – Total Distressed Properties represented 26% of the properties for sale.

Condo/Townhomes - total distressed  properties represented 33% of the properties for sale.

Given the high rate of unemployment in California and the current status of the Alt-A and Option ARM loans resetting in the coming months, I believe, unfortunately,  this number will steadily increase.

Article
I have been of the opinion, that our next wave of problem mortgages will be the option ARMs.  Here is a situation where many homeowners took a chance at a gamble and failed; and the bill is coming due very soon with most being unable to meet their obligations.  If this is not a recipe for disaster, I don’t know what is……..  None of these homeowners will be eligible to re-finance these loans, so their future is laid out for them already.

Finally some hard data for the Bay Area has been revealed.  Between 47,000-57,000 loans with a value of $28 – $31 Billion in option ARMs are located here in the Bay Area.  The bulk of these are set to re-cast between 2010 – 2012.   Here are some additional details.

Article

The above article boldly declares that foreclosure activities have dropped 18% reduction in Notices of Default being issued and 11.5 % reduction in Notices of Trustee Sales last month in Silicon Valley.  On its face, that seems like fantastic news, but we have to now consider something which happened today. How will the law which enacted a moratorium to stop foreclosures ending impact the activities in the coming months?  Of course only time and data will tell…….

However, the above question may be a moot point unless the two root  causes of foreclosure are addressed in California: unemployment and  the looming option ARMs problem.   Unless these powerful forces are somehow resolved or mitigated, we may be looking at years of foreclosures to come.