Mortgages: Strategic Defaults Are On the Rise

Category : Mortgages for Bad Credit

The first wave of U.S. mortgage defaults was spurred by lenders who made bad loans and borrowers who wound up with larger monthly payments than they could ever hope to manage. Lately, something altogether different has been making an increasing contribution to soured debt: Americans choosing to stop making mortgage payments they actually can afford.

“Strategic” defaults accounted for at least 12 percent of all defaults in February, up from about 4 percent in mid-2007, according to a recent Morgan Stanley (NYSE:MS – News) report. Analysts led by Vishwanath Tirupattur classified a default as strategic when a homeowner who hadn’t previously been delinquent made an on-time mortgage payment one month; skipped payments for the next three months; and stayed current on other consumer debt of $10,000 or more.

Housing analysts say strategic defaults mainly occur when a home’s value has dropped below the balance remaining on the mortgage. A homeowner in that position may decide that continuing to make payments is throwing money away, or may default to get the lender to modify the loan. An estimated one in five U.S. homes with a mortgage has “negative” home equity, according to Zillow.com.

In March the Obama Administration announced it was coming up with a plan to encourage cuts to the principal on mortgages exceeding the worth of properties. Previous government efforts did not emphasize principal reduction but focused on lowering monthly payments.

Whatever you think of strategic defaults from an ethical point of view, they appear to be aiding the economy, temporarily, at least, by boosting consumer spending and allowing homeowners to stay current on their other bills. Consumer spending, which accounts for about 70 percent of economic activity in the U.S., rose at a 3.6 percent pace last quarter, more than economists forecast.

The increase, the biggest since 2007, was somewhat puzzling considering that the underemployment rate was at 16.9 percent in March, near the highest level in at least 16 years. (The rate includes people without jobs, part-time workers who would prefer a full-time position, and people who want work but have given up looking.)

All told, borrowers who aren’t making mortgage payments are probably skipping roughly $100 billion annually, an amount equal to 1 percent of consumer spending, according to Mark Zandi, chief economist at Moody’s Economy.com. Zandi likens the money to “a form of stimulus, a little tax cut.”

Not all of that “tax cut” is being spent on iPads, vacations, and lattes.

“Presumably these homeowners know they’re going to have to start paying again” to live somewhere, says Zandi. He suggests that falling delinquencies on credit cards and auto loans may be a sign that homeowners are using mortgage money to pay down other debt.

The bottom line: By not making mortgage payments on “underwater” homes, borrowers may be paradoxically helping to boost the economy.

By Jody Shenn

Mortgage foreclosures still swamping federal efforts to help

Category : Mortgages for Bad Credit

WASHINGTON – Banks and other lenders are still foreclosing on Americans’ homes at a rate that’s outpacing the Obama administration’s main effort to stem the crisis.

In fact, while the Treasury Department’s Home Affordable Modification Program, or HAMP, has started the mortgage modification process on almost 760,000 homeowners who are at risk of losing their homes, less than 5 percent of those workouts have become permanent, government data show.

“HAMP has made only limited progress for nine months now, and the residential foreclosure crisis continues to mount,” said Richard Neiman, the superintendent of banks in New York state and a member of the Congressional Oversight Panel that was formed to monitor the Treasury bank bailout funds that support the mortgage program. He was appointed to the post by the Democratic leadership in the House of Representatives.

Another member of the oversight panel, U.S. Rep. Jeb Hensarling, a Texas Republican and a critic of the bailout bill, called the mortgage program “a failure.”

In a recent report, he said the administration’s efforts “have assisted only a small number of homeowners while drawing billions of involuntary taxpayer dollars into a black hole.” (Hensarling recently left the panel.)

The Treasury Department acknowledges that its program needs to do a better job of making hundreds of thousands of trial modifications permanent, but an official said the program is making progress and is on track to meet many of its goals.

“I think that if you go back and look at what we said we would do in February, we are on track to meet the president’s goals,” said Michael Barr, an assistant Treasury secretary who helps oversee the nation’s main modification program. “We are not going to be able to prevent every foreclosure in the country.”

More than 5 million mortgages have been caught in foreclosure proceedings since the economy began slipping in 2007, and an estimated 8 million to 13 million more could follow in the next five years. The Treasury’s goal is to help modify 3 million to 4 million mortgages in three years, but only about 1 percent of that number have completed the process.

The Treasury program could spend as much as $75 billion helping homeowners avoid foreclosure. The program seeks to pay three parties – the company that services a loan, the bank or investor that owns the loan and the homeowner – if they rearrange the mortgage so the homeowner’s monthly payment is more manageable.

One of the central problems, the administration and its critics agree, is the slow pace of finalizing the modifications it’s started.

Under the program, mortgage servicers – companies that collect monthly mortgage checks and pay the bank, property tax and insurance – arrange the modifications.

Through November, the Treasury Department said that more than 3 million homeowners had been sent information on potential modifications, and that 1 million of them had been offered modifications.

Of those, 759,058 trial modifications have been started – but just 31,382 have been finalized into what Treasury calls “permanent modifications.”

Part of that low conversion rate is to be expected because a modification’s trial period is three months long. If a homeowner remains current on his or her payments and provides all the necessary documents, then the modification can become permanent. A trial modification that started in October, for example, wouldn’t become permanent until January.

However, the conversion rate is low even for trial modifications that have been under way for more than three months.

As of Oct. 31 , only 4.7 percent of the modifications that had been on the books for at least three months had become permanent, according to the Congressional Oversight Panel.

While that doesn’t mean that more than 95 percent of trial modifications begun three months or more earlier “are failures,” in the panel’s words, it does mean that the “vast majority” of trial modifications failed to convert on the schedule that the Treasury originally announced.

Treasury’s Barr said that mortgage servicers – some them stand-alone companies, others units of big Wall Street banks – simply aren’t doing enough to move homeowners from trial to permanent modifications.

While most homeowners are making their payments once they’re in a trial modification and the basic structure of the program is working, more needs to be done to push mortgage servicers to close deals, he said.

“It sounds really boring, but it is basic execution on the ground,” Barr said. “They started to ramp up in the spring, and they have not done a good enough job to get the documents in that need to come in.”

In part, that’s because mortgage service companies generally haven’t been set up to execute wide-scale mortgage modifications. Mortgage servicers historically have been highly automated — more akin to collection agents than to loan officers, and they’ve needed to change their business model, hire staff and rethink how they interact with customers, a process that’s been slow.

“The servicers need to do a better job,” said Tom Miller , the attorney general of Iowa and a leader in state-level efforts to help desperate homeowners. “They have to make sure they have the full staff, make sure they are trained, make sure they don’t make people wait and wait and wait. We have a tendency to accept the wait, and we shouldn’t.”

Faith Schwartz, the executive director of an industry foreclosure-prevention group called the Hope Now Alliance , said mortgage servicers have made a “huge investment in staffing and technology,” and that much of the past year has been spent learning and adapting to the Treasury’s new program.

“My impression is everything that gets done from here on is going to be much better than what was done a year ago,” she said. In a few months, she said, many of the modification statistics will better reflect that.

Miller also said that mortgage companies need to reduce the principal on some of their loans in order to prevent more foreclosures. That could mean, for example, reducing the balance owned on a $200,000 home to, say, $180,000 if the home’s value has dropped substantially. That, he said, was one of the tricks that helped his state emerge from a severe farm crisis two decades ago.

“We saw this movie before in Iowa in the 1980s, and modifications are what saved rural Iowa ,” he said. “Many of them were premised on reduced principal.”

In the third quarter of 2009, nearly a quarter of single-family homeowners with mortgages owed more than their homes were worth, the Congressional Oversight Panel said. The Treasury’s program does little to reduce mortgage principals, the panel said, adding that “as currently structured,” the Treasury program “appears capable of preventing only a fraction of foreclosures.”

By Chris Adams, McClatchy Newspapers

Mortgage delinquencies, foreclosures break records

Category : Mortgages for Bad Credit

WASHINGTON – The number of homeowners who missed at least one mortgage payment surged to a record in the first quarter of the year, a sign that the foreclosure crisis is far from over.

More than 10 percent of homeowners had missed at least one mortgage payment in the January-March period, the Mortgage Bankers Association said Wednesday. That number was up from 9.5 percent in the fourth quarter of last year and 9.1 percent a year earlier.

Those figures are adjusted for seasonal factors. For example, heating bills and holiday expenses tend to push up mortgage delinquencies near the end of the year. Many of those borrowers become current on their loans again by spring.

Without adjusting for seasonal factors, the delinquency numbers dropped, as they normally do from the winter to spring.

More than 4.6 percent of homeowners were in foreclosure, also a record. But that number, which is not adjusted for seasonal factors, was up only slightly from the end of last year.

Stocks slid Wednesday as investors remain concerned with the European debt crisis. The rising number of mortgages also drew some attention. The Dow Jones industrial average fell more than 160 points in early trading.

Jay Brinkmann, the trade group’s chief economist, said the foreclosure crisis appears to have stabilized. Seasonal adjustments may be exaggerating the change from the previous quarter, he added.

“I don’t see signs now that it’s getting worse, but it’s going to take a while,” he said. “A bad situation that’s not getting worse is still bad.”

The number of American homeowners who have missed at least three months of payments or are in foreclosure has surged to around 4.3 million, Brinkmann estimated.

The Obama administration’s $75 billion foreclosure prevention program has barely dented the problem. More than 299,000 homeowners had received permanent loan modifications as of last month. That’s about 25 percent of the 1.2 million who started the program since its March 2009 launch.

About 277,000 homeowners, or 23 percent of those enrolled, have dropped out during a trial phase that lasts at least three months.

Economic woes, such as unemployment or reduced income, are the main catalysts for foreclosures this year. Initially, lax lending standards were the culprit. But homeowners with good credit who took out conventional, fixed-rate loans are now the fastest growing group of foreclosures.

Those borrowers made up nearly 37 percent of new foreclosures in the first quarter of the year, up from 29 percent a year earlier.

The risky subprime adjustable-rate loans that kicked off the foreclosure crisis are making up a smaller share of new foreclosures. They made up 14 percent of new foreclosures in the January-March period, down from 27 percent a year earlier.

By ALAN ZIBEL, AP Real Estate Writer

Bank of America to pay borrowers $108 million

Category : Mortgages for Bad Credit

WASHINGTON – Bank of America will pay $108 million to settle federal charges that Countrywide Financial Corp., which it acquired nearly two years ago, collected outsized fees from borrowers facing foreclosure.

It’s the latest evidence of misconduct at Countrywide, once an industry giant that has since fallen. Last year, three top executives, including former CEO Angelo Mozilo, were charged with civil fraud and insider trading by the Securities and Exchange Commission.

The settlement, which seeks to refund money to about 200,000 borrowers, was announced Monday by the Federal Trade Commission. It is the largest mortgage industry settlement for the agency, which oversees non-banking functions such as debt collection. The FTC has been criticized for failing to protect consumers from abuse by financial companies.

The FTC’s chairman, Jon Leibowitz, accused Countrywide of “callous conduct, which took advantage of consumers already at the end of their financial rope.”

Bank of America purchased Countrywide in July 2008. The actions in the case took place before the acquisition.

Bank of America said it agreed to the settlement “to avoid the expense and distraction associated with litigating the case,” which also resolves litigation by bankruptcy trustees. “The settlement allows us to put all of these matters behind us,” the company said.

Countrywide hit the borrowers who were behind on their mortgages with fees of several thousand dollars at times, the FTC said. The fees were for such services as property inspections and landscaping.

In addition, Countrywide created subsidiaries to hire vendors, which marked up the price for such services, the FTC said. The company “earned substantial profits by funneling default-related services through subsidiaries that it created solely to generate revenue,” the agency said in a news release.

The agency also alleged that Countrywide made false claims to borrowers in bankruptcy about the amount owed or the size of their loans and failed to tell those borrowers about fees or other charges. The settlement requires Bank of America to notify bankrupt borrowers monthly notices about what they owe, including fees.

Bank of America has worked to address allegations of deceptive practices at Countrywide since acquiring the mortgage company. In October 2008, it reached a settlement with attorneys general agreeing to modify troubled mortgages with up to $8.4 billion in interest rate and principal reductions for nearly 400,000 customers.

By ALAN ZIBEL, AP Real Estate Writer

Late payments on mortgages show surprising 1Q drop

Category : Mortgages for Bad Credit

NEW YORK – The rate of late mortgage payments dropped in the first quarter for the first time since 2006, according to credit reporting agency TransUnion.

The 60-day delinquency rate slipped to 6.77 percent, from 6.89 percent in the fourth quarter of 2009. That was the first decline after 12 consecutive quarters of steady increases, TransUnion said.

The first-quarter figure still represents a substantial jump from a year ago, when delinquencies were at 5.22 percent. But FJ Guarrera, vice president in TransUnion’s financial services business unit, said it’s still good news.

“To see it turn down is a very, very strong sign,” Guarrera said, adding that positive economic indicators like Friday’s increase in job creation make the outlook even better.

“We cannot characterize it as a trend yet, but we anticipate that things will continue to improve.” TransUnion expects another decrease for the current quarter, and then for the delinquency rate to stabilize for the rest of the year.

TransUnion measures the rate using mortgage payments that are 60 days late, or two skipped months. The figure is considered an important indicator of likely foreclosure, because of the difficulty someone in financial distress would have coming up with three payments to bring their mortgage current.

The company forecasts the delinquency rate will be about 6.3 percent by the end of the year.

In the first quarter of 2011, TransUnion expects late mortgage payments to start a significant decline. By the end of next year, the rate could be close to 5 percent, Guarrera said.

Historically, mortgage delinquencies hovered around 1.5 or 2 percent.

Delinquency rates remain the highest in the four states hit hardest by the housing market collapse: Nevada, at 15.98 percent, Florida, at 14.65 percent, Arizona, at 10.94 percent and California, at 10.68 percent.

TransUnion said the rate could top 18 percent in Florida by the end of the year. Nevada and Arizona will likely remain close to their current rates through 2011.

“I really do believe it will take longer in those states for improvement,” Guarrera said. These states were left with a bigger surplus of housing that remained unsold during the recession. The surplus will likely keep pressure on housing prices, and make it harder for homeowners to refinance or get out from under mortgages that exceed the value of their homes. That increases the temptation to walk away from a mortgage and let the house slip into foreclosure.

California could see a slight decline in delinquencies by the end of 2010.

Delinquency rates remain the lowest in North Dakota, at just 1.76 percent, and South Dakota, at 2.44 percent.

The figures are culled from about 27 million randomly sampled credit files in TransUnion’s database, representing about 10 percent of U.S. consumers who have active loans outstanding.

While the overall news is positive, Guarrera said it’s still difficult to predict what might happen in coming months. “There’s still a lot of uncertainty in the housing market,” he said. “There’s still a lot of delinquency out there, and home values have not started to improve.”