Tuesday, June 16, 2009

Lenders 'doing everything possible to delay foreclosure'

ForeclosureRadar, the online seller of mortgage default data, has more evidence of a foreclosure backlog in its monthly data, released today:

In May, a record 111,824 California homes were scheduled for foreclosure sales, but just 16% were auctioned. By comparison, last May, sales were held for 49% of homes slated for foreclosure.

Of last month's postponed foreclosures, 40% were delayed at the request of the lender; an additional 33% were postponed by agreement between the lender and borrower.

ForeclosureRadar CEO Sean O'Toole's take on this: “The data actually shows that lenders are doing everything possible to delay foreclosure. The reality is that we have very few homeowners being foreclosed on when viewed as a percentage of those scheduled to be foreclosed on, in default, delinquent, or upside down in their mortgage."

Notices of default -- the first stage in foreclosure, which occurs when a borrower has missed several payments -- were down 4% in May from April and down 3% from the same month a year ago, to 40,870 filings statewide.

Foreclosures taken to auction were down 30% in May from a year ago, to 17,871. Of those homes, 84% had opening bids set below the outstanding loan amount. The average opening bid for these properties was 59% of the loan amount. For instance, if a house with a $100,000 mortgage went to auction, the average opening bid would have been $59,000.

Of homes going to auction in May, 88% were taken back by the lender. When a home is not sold to a third-party bidder at auction, the lender takes it back, typically to sell on the open market or through private auctions.

The top 10 counties in foreclosures, per capita: Merced, Stanislaus, Yuba, Riverside, San Joaquin, Solano, Kern, Madera, San Bernardino, Sacramento. San Diego ranked 27th, Ventura 38th, Los Angeles 44th and Orange 46th.

San Francisco had the fewest foreclosures, per capita.

Mortgage industry changes throw new hurdles in borrowers' way

Reporting from Washington -- Mortgage rates and house prices are down -- which sounds great for buyers and refinancers. But mortgage industry underwriting and appraisal changes taking effect this month are putting new hurdles in the way of borrowers and loan officers.

Take Fannie Mae's and Freddie Mac's add-on fees for loans purchased after April 1. In some cases, applicants are being hit with extra fees of 3% to 5% because of the type of property they want to buy or refinance, their credit scores or the size of their down payment.
Some major lenders who sell loans to Fannie and Freddie are going further -- tightening underwriting rules beyond what either corporation requires. For example, as of April 6, Wells Fargo, one of the country's largest mortgage originators, imposed a new minimum FICO credit score of 720 -- up from the previous 620 -- on all conventional loans purchased through its wholesale system that have less than a 20% down payment. It also began requiring a total debt-to-income ratio maximum of 41% -- down from the previous 45%.

Fannie Mae now has a mandatory fee of three-quarters of a percentage point on all condominium loans, no matter how high the applicant's credit score. For a once-popular interest-only condo loan with a 20% down payment and a borrower credit score of 690, Fannie imposes the following ratcheted sequence of add-ons: one-quarter of a percentage point as an "adverse market" fee; 1.5% for the below-optimal credit score; three-quarters of a percentage point for the interest-only payment feature; and the same because the property is a condo. The total comes to 3.25% extra, which can be paid upfront or rolled into the loan.

On top of these extra fees, borrowers are now starting to get hit with two sets of cost-raising appraisal rule changes. Fannie and Freddie have begun requiring all appraisers to complete an extra "market condition" report that includes detailed statistical analyses of local sales and pricing trends -- above and beyond the regular appraisal data. Many appraisers are charging an extra $45 to $50 for the time required to complete the form. Home buyers and refinancers can expect to pay the higher fees.
On top of that, beginning May 1, Fannie and Freddie are refusing to fund loans with appraisals that do not follow a set of new rules known as the Home Valuation Code of Conduct. Among the procedural changes: Mortgage brokers no longer can order appraisals directly, but instead must allow lenders or investors to use third-party "appraisal management companies" to assign the job to appraisers in their networks.

How does that affect the consumer? Consider the notification one Connecticut brokerage firm recently received from a major lending partner: Starting April 15, all good faith estimates provided to applicants must indicate a flat $455 charge for appraisals arranged through the appraisal management company. The broker previously charged $325. Consumers will now have to pay the appraisal fee upfront -- before any inspection or valuation is completed -- using a credit card, debit card or electronic fund transfer.

What happens if the appraisal comes in low and the applicants can't qualify for the refi or purchase program they sought? Tough luck: They'll have just two choices: Pay another $455 for a second appraisal -- with no assurance that it will solve the problem -- or cancel the application.

Jeff Lipes, president of Family Choice Mortgage Corp., which serves the Hartford, Conn., area, said the net effect of the underwriting, credit score and pricing changes was to "squeeze some people who are creditworthy by any reasonable standard out of the market."

For instance, as a result of the restrictions on condos, Lipes says "whenever we hear the word 'condo' [from an applicant], we shiver" because the deck is stacked against them. Even for prime borrowers with 800 FICO scores and 50% down payments, Lipes said, "I can't tell them that we're certain we can get you a mortgage."

A welter of recent rule changes from Fannie Mae has made some condo units in projects with commercial tenants or high percentages of investor units almost impossible to refinance.

In Naples, Fla., John Calabria, president of Bancmortgage Corp., said, "It has become such a nightmare to lend money" because of the layers of add-on fees, higher mandatory down payments and FICO scores. One high-income client sought to put down 25% ($200,000) to buy an $800,000 condo as a second home but couldn't because the minimum down payment on such a unit is now 30%.

"That's ridiculous," Calabria said. "Some of this just doesn't make sense."

Is Obama's foreclosure rescue plan working?

Richmond could afford his $1,600 monthly mortgage payment when he was making $63,000 as an accountant for Bank of America. But after his position was outsourced to India in 2006, the only work he could find was as a customer service representative at Wachovia for less than $12 an hour.
Desperate, he called SunTrust Bank in January to see if he could get a loan modification. He was turned down because he hadn't yet missed a payment. So the father of five didn't make his January payment and called back in February to start the modification process. A month later, an agent told him that all modifications were being scrapped in favor of the new Obama foreclosure prevention plan.

In April, he sent in his tax and income documents, as well as a hardship letter. Richmond calls every two weeks, only to be told that the application is still being processed. In early June, an agent said a supervisor would call him back within 48 hours. He's still waiting.

Richmond thinks the Obama plan would be a blessing for him and his family.

"I can get back on my feet again and make my payments and afford my house," said Richmond, 43. "But the banks are not making it easy to get the process done. I've been waiting all these months."

A SunTrust spokesman said bank representatives "work diligently" to discuss modifications with clients in a timely manner.