Title Insurers, Lenders Reach Agreement

That’s good news for everyone thinking about buying a foreclosed home.  And for those who recently did so.

Large titles companies (National Fidelity and First American among them) have decided that requiring banks to indemnify them against all errors in foreclosure proceedings for ALL loans was too much.  They did agree that some may still require such action.  It seems that neither the Title Companies or the Banks could agree that all such transactions warranted the maneuver.

“There was not enough consensus both within the lender community and title-insurer community to go [the way of total indemnification],” says Peter Sadowski, Fidelity’s chief legal officer.

Kurt Pfotenhauer, CEO of the trade organization American Land Title Association, says as long as title insurers continue to have confidence in traditional lender underwriting, indemnification won’t be necessary. But that could change if “there were further dramatic revelations of systemic problems,” he adds. 

Source: The Wall Street Journal, Nick Timiraos (10/29/2010); Realtor® Magazine by NAR

For a complimentary list of Foreclosed home in your area of interest please send your email address and area of interest to: f.list@YubaSutterHomesAndLoans.com.

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Sales of Resale Homes on the Increase

Existing-home sales rose again in September according to a recent report by NAR (National Association of Realtors®), affirming that the recovery is under way. 

Closed transactions of condos, single family homes, townhouses and co-ops rose 10% over last month, but remain below the figures for 2009.  There is speculation this figure might be skewed because of the introduction of the First-Time-Home-Buyer programs and tax credits that started during this period last year.

Lawrence Yun, NAR’s chief economist, was quoted as saying “A housing recovery is taking place but will be choppy at times depending on the duration and impact of a foreclosure moratorium.  But the overall recovery direction should be a gradual rising trend in home sales with buyers responding to historically low mortgage interest rates and very favorable affordability conditions.”. 

Freddie Mac puts the 30 year conventional loan commitment rate (new loans) below last month.

Good news for the Yuba Sutter area!  While the national median resale home price is 2.4% lower than this time last year with Distressed homes (short sales and foreclosures) accounting for about 35% of the sales, our prices have risen slightly.  Our REOs (bank owned sales) have been a bit higher, between 40% and 50% on the average.  To follow our area sales trends check out the Weekly Yuba-Sutter Real Estate Report published each Monday at http:YubaSutterHomeBuys.com and click the Discussions & News tab.  You can also find it by clicking the <Hot News> button at Yuba Sutter homes and Loans.

NAR President Vicki Cox Golder, like many of us, thinks that opportunities abound in today’s market.  Interest rates are about 1/2 what they were 10 years ago.  Home prices are about 22% lower than 5 years ago on the national level.  Our market is seeing prices closer to 30-35% lower than the unsustainable peak caused by the bidding wars of the 2005 era.

Monthly payments to own a home now are historically low.  Right now, a qualified family can own a 3 bedroom 1500 sq. foot home for less than $475.00 per month!  And that’s not a fixer-upper.  That is a nice $120,000 home.  Interested?  Contact us today to see if you qualify.

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For more current and relevant real estate news for the Yuba Sutter area go to Yuba Sutter Homes and Loans -> Hot News or to Yuba Sutter Home Buys -> Discussions and News.

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Forensic Loan Audits – New State Legislation

In the continuing battle to protect the public from fraudulent schemes, the State of California, at the urging of Realtors® and others, is now including Forensic Loan Auditors et al to follow the rules set forth for the lending industry as we try to clean up this mess.

Forensic Loan Auditing has become big business for the unscrupulous as they find yet another way to take money from an already vulnerable public during a time of crisis.  Don’ t get us wrong; there are legitimate auditors out there.  The unsavory have found a weak point in the regulations, and managed to slip under the radar.  Well…no more.  They are now included and named by group, and must follow the educational and procedural requirements dictated by law for persons or entities involved in the practice of working with or arranging home mortgages.

The DRE (California Department of Real Estate) has released a Consumer Alert Update regarding this issue.  To read that alert click HERE.

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For more current and relevant real estate news for the Yuba Sutter area go to Yuba Sutter Homes and Loans -> Hot News or to Yuba Sutter Home Buys -> Discussions and News.

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Another Wrinkle to the Foreclosure Mess

Just as some banks are announcing that they have things under control and are getting their foreclosure proceedings back on track another bug-a-boo has popped up.

And again, it appears to be a procedural error.  This time, there seems to be a question on whether the entity foreclosing has the right to foreclose on the homeowner.  A central database formed by the banks to track ownership changes is filing to foreclose according to some home owners.  Since the database itself does not own the loan, it has no right to foreclose according to them.  Read MORE

From what we have read, this appears to be more a formality than any wrong-doing.  As such, we expect it to delay things and increase the costs in some cases, but foreclosure proceedings will get back into full swing shortly.  Again, that is our opinion, not any type of guarantee.

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National Flood Insurance Extended Through 2011

According to a report from the national Association of Realtors® (NAR) “congress unanimously approved a one-year extension of National Flood Insurance Program authority to September 30, 2011. S. 3814 was first approved on September 21, 2010, by the unanimous consent of the Senate and two days later, by the voice vote of the House of Representatives. The bill was signed by the President on September 30, 2010. With program authority now extended for a year, it is expected that attention will now turn to proposals to reform and ensure the financial soundness of the NFIP. While the House passed its reform bill (H.R. 5114) earlier this year, it is unlikely that a reform bill will move until next year.

“REALTOR® advocacy efforts made the long-term reauthorization a reality. On September 14 & 15, as part of NAR’s Fly-in on unfinished business items, REALTORS® met with key senators to urge the long-term extension.”  Read more.

This is great news for our area!  Since most of the Sacramento Valley is a flood plain, this insurance is vital to the financial health of our area.  Without it there would be no guarantee that home insurance could be purchased.  Without home insurance, there would be no home loans… I think you see where that would lead.

For more current and relevant real estate news for the Yuba Sutter area go to Yuba Sutter Homes and Loans -> Hot News or to Yuba Sutter Home Buys -> Discussions and News.

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NAR Says Families Will Suffer if Foreclosure Freeze Continues

Thousands of first-time and move-up buyers who hoped to make a foreclosed property their new home now face uncertainty, anxiety and possibly remorse as they worry that closing on their desired property could be in jeopardy.  Read more.

Earlier we had reported that California was not included in many of the freezes and problems that are plaguing the lending/foreclosure scene.  While that is still true, California has now joined the list of states that are looking into the foreclosure processes used by various lenders.  Although we don’t use the judicial system for our foreclosure procedure, strict legal requirements must be met.  There are cases in which allegations of wrong-doing have been made.

Foreclosure auctions hit record as document crisis unfolds  by CNNMoney.com
Bank repossessions and foreclosure auctions hit record levels in the third quarter, RealtyTrac said on Thursday. 

372,445 foreclosure auctions were scheduled in July, August and September, while 288,345 properties were repossessed by lenders over the same time period.  Continued.

Slide in [interest] rates sparks new refi boom
Five weeks of declining mortgage rates have spurred another refinancing boom, but demand for purchase mortgages sagged last week after a temporary surge of homebuyers rushing to beat stricter FHA standards.  Read more.

While the Market is in a volatile and sensitive state, we believe that the recovery is still in progress.  The above and other recent events might make minor ripples, but the biggest potential change will be caused by buyer perception.  As long as there is no panic, the healing will continue.

For more information on this or other issues contact your Realtor® at Yuba-Sutter Homes and Loans or call 530 315-2808.  You can also contact the Home Rescue Group.

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Making Sense of the Foreclosure News

No doubt you have heard or read quite a bit about foreclosures lately: banks are being sued, foreclosures are being stopped, title companies declining to write policies on bank owned properties, loan servicers and their procedures are being investigated, the list goes on.

What’s really going on, and how does it effect you?  The majority of these stories, while they may have credence on the national market, don’t really apply to California.  This has become such an issue that CAR (California Association of Realtors®) has released an article to help alleviate the confusion.

In large, California is excluded from these storiesbecause our foreclosure and title processes are different from the effected states.  In most cases our process is called non-judicial, meaning that court appearances are not required.  While your Realtor® may be able to explain this in more detail, please remember that we are not attorneys.  If you want a full understanding contact your real estate attorney.

Highlights from the CAR release include:

  • In 23 states (not California) banks have voluntarily halted foreclosure proceedings until they review their procedures.
  • To date, only Bank of America has stopped foreclosures in California.
  • Lenders and servicers that have temporarily stopped processing foreclosures in the 23 states include: Goldman Sachs Group Inc’s Litton Loan Servicing, Ally Financial Inc.’s GMAC Mortgage unit, JPMorgan Chase, and PNC Financial.
  • Neither state nor federal mandates are forcing this, it is voluntary.
  • Some Realtors® have reported transaction delays, delays in escrow and the removal of foreclosed properties from listings (pulled from the market).
  • The immediate impact on home sales might be a slowing of sales, and the long term will depend on the speed with which this is resolved.  If the moratoriums are lifted next month, the flow of REOs (bank (or Real Estate) owned properties) should resume.
  • Freddie Mac & Fannie Mae and the Office of the Controller of the Currency have asked lenders to review their processes.  This includes California and other states where the vast majority of foreclosures are non-judicial.
  • The participating lenders and servicers expect the reviews to take “a few weeks to 30 days to complete”.

in our opinion, this should have little impact on sales or prices in the Yuba-Sutter region.  While Bank of America’s actions are going to be felt here, we think that buyers’ perception will be the biggest market changer.  If most buyers understand that in California the foreclosure market will continue pretty much as it has, the impact will be minimal.

For more information on this or other issues contact your Realtor® at Yuba-Sutter Homes and Loans or call 530 315-2808.  You can also contact the Home Rescue Group.

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The Justice Department is Looking into Foreclosures

The federal government is looking into the allegations that homeowners have been (are being) evicted using incorrect or erroneous paperwork according to Attorney General Eric Holder.  He stated that the “financial task force has a mortgage component to it” in a recent news conference.

In what might be a tidal beginning Ohio’s Attorney General Richard Cordray is suing GMAC, a division of Ally Financial Inc., citing fraud in its hundreds of foreclosures in his state.  “It certainly seems likely that other states will follow,” said Diane Thompson, counsel at the National Consumer Law Center.  READ MORE

Mortgagee Rates at Near Record Lows as Wall Street anticipates more money going into the economy.  Freddie Mac says its 30 year fixed loan average is at 4.27%.  The 15 year rate (a common target for refinances) has dropped to 3.72%.  READ MORE

Home Rescue Group, a new resource for homeowners in need of help with their mortgages, has just partnered with Yuba Sutter Homes and Loans.  The services supplied by this not-for-profit group will include information and/or assistance with loan modifications, short sales, foreclosure processes and more.  For more information email them at (HomeRescurGroup@EncoreRES)  or call Yuba Sutter Homes and Loans at 530 315-2808.

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New Laws Effecting Real Estate For 2011

The recent end of the 2009-10 legislative session has brought the end of short sale deficiency judgments for first loans, and other new laws affecting REALTORS® and their clients.  To view the full text of the following bills, go to www.leginfo.ca.gov.

No Short Sale Deficiencies: Starting January 1, 2011, a seller’s first trust deed lender cannot obtain a deficiency judgment against the seller after a short sale.   Read more.

Energy Audit in Home Inspection Report: Beginning January 1, 2011, a home inspection and inspection report may, upon a client’s request, include an audit of the energy efficiency of a home… continued.

Restriction on Adverse Possession Claim: Effective January 1, 2011, a claim for adverse possession requires, among other things, certified records of the county tax collector showing that all state, county, or municipal taxes have been timely paid for the five-year period the property has been occupied and claimed.  READ MORE

Enforcement of MLO Requirements: Effective January 1, 2011, anyone acting as a mortgage loan originator (MLO) without an MLO license endorsement will be guilty of a crime punishable by six months imprisonment, plus a $20,000 fine.  READ MORE

Post-Foreclosure Protection for Tenants: Commencing January 1, 2011, a notice to terminate a residential tenant who remains after a foreclosure sale must generally include a statutory notice of the tenant’s rights. CLICK FOR MORE

Tenant Protection for Domestic Violence Victims: Starting January 1, 2011, a residential landlord cannot terminate or fail to renew a tenancy based on domestic violence against the tenant or tenant’s household members … READ MORE

Protections Against Real Estate Fraud: Effective January 1, 2011, new laws protecting consumers from real estate fraud include, without limitation … MORE

  • Other Laws:Some of the other laws that may interest REALTORS® include, but are not limited to, revisions to the mechanics’ lien law (Senate Bill 189); clarification that the prohibition against discrimination of tenants based on source of income pertains to lawful and verifiable income (Senate Bill 1252); extension of the CalVet Home Loan program to include 2-to-4 residential units (Assembly Bill 2087); and lien enforcement by a municipal utility district for a tenant’s delinquent charges (Senate Bill 1035).
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    No More Foreclosures?

    Bank of America and Wells Fargo have joined JPMorgan and GMAC in halting their foreclosure proceedings until their files and processes are reviewed.

    Regulators from the office of the Controller of the Currency have instructed 7 major banks to review their procedures after the news.  According to our sources included banks were: HSBC, Citigroup Inc., PNC Financials Group Inc., US Bankcorp (USB), and others.

    In addition, Friday one title company (Old Republic National) said it would stop underwriting title insurance for homes foreclosed by JPMorgan Chase and Co. and GMAC until the questioned documentation is cleared. 

    Some sources believe this will bring home sales to a halt.  We think this is an overstatement, that only the Foreclosure sales will show much impact.  The Short Sales might see some drop as owners hope for a miracle.  Equity (or normal) sales should not be negatively impacted.  In fact, they might even see an increase in as the Foreclosure market dries up even if only temporarily.
    Sources include: NAR (10/04/2010), The Wall Street Journal (10/01/2010) and Reuters News (10/03/2010)

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