The Stealth Stimulus of Defaulters Living for Free

Mark Whitehouse, Wall Street Journal

The mortgage-foreclosure mess could prove expensive for banks and investors. But in some states, it will also prolong an unintended economic stimulus: free housing for millions of defaulters.

Across the U.S., banks are running into problems foreclosing on homes because of flaws in their paperwork. Their main transgression involves the use of so-called robo-signers, bank employees who signed foreclosure affidavits without properly checking the required loan documentation. Major loan servicers—including Bank of America Corp., J.P. Morgan Chase & Co. and Ally Financial Inc.’s GMAC Mortgage—have at least temporarily stopped some foreclosure sales as state attorneys general probe their practices and loan servicers check to make sure their papers are in order.

The problems will be expensive for banks, and for investors in mortgage bonds, in terms of added processing costs and lost interest income. But for the millions of U.S. homeowners who have stopped making mortgage payments or who are already in the foreclosure process, the upshot is that they’ll get to stay in their homes a bit longer. Given that they’re not paying rent, that time has value.

Defaulters living in their homes are getting a subsidy worth about $2.6 billion a month, according to a Wall Street Journal analysis based on mortgage data from LPS Applied Analytics and rent data from the Commerce Department. That’s 0.25% of U.S. personal income, roughly equivalent to the benefit top earners receive from Bush-era tax breaks.

The longer defaulters stay in their homes, the longer the stimulus lasts. The average borrower whose home is in the foreclosure process hasn’t made a payment in nearly 16 months, according to LPS.

In most places, the foreclosure delays are unlikely to amount to more than a couple more months of free rent, says Ivy Zelman, chief executive of housing-market consultancy Zelman & Associates. But she says it could be six or more months in states such as Florida and New York, where the legal bottlenecks are most severe.

“In places where people get an extra month or two, it probably doesn’t have much effect,” Ms. Zelman says. “But in states where it lasts longer, it’s probably stimulative.”

It’s hard to know how much of that money will find its way into the economy through consumer spending. Some defaulters sock away their mortgage payments, in hopes that they’ll strike a modification agreement with their bank and get current again. Others have lost their jobs and hence most of their income, though the free housing might allow them to make purchases they otherwise would have to forgo.

Yolande Walker, who lived for two and a half years in her three-bedroom home in the Las Vegas suburb of Henderson, Nev., after defaulting on her $1,700-a-month mortgage payments in 2008, said the free housing helped her make ends meet after she lost her job as a commercial-loan processor. “I was able to make my car payment and keep from losing my car, and I was able to pay the utilities,” said the 50-year-old Ms. Walker, who finally lost the home to foreclosure last month. She is still looking for work, and says her unemployment benefits are scheduled to run out in December.

Read more here: http://online.wsj.com/article/SB10001424052702304879604575582681822993688.html?wpisrc=nl_wonk

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Are firms profiting off defaults the next bandwagon for the “Get Rich Quick” Crowd?

Kimberly Miller, Palm Beach Post

Joshua Rand is the muscle. Not in a busting-skulls, Tony Soprano kind of way.

But he does seek to collect, and sometimes even buys, the debt left by delinquent homeowners who walk away from their mortgages – the same borrowers who often assume that a foreclosure or short sale wipes out their loan balance, ending their liability.

A principal in the New York-based Deficiency Judgment Recovery Network, Rand said he has “hundreds, maybe thousands” of home loans gone sour in Florida that his company, formed in late 2009, is working to collect balances from.

Rand either is hired by lenders to collect the deficiencies for them or his company buys the debt in pools for pennies on the dollar, profiting on the back end by making a borrower pay up.

“People are under the assumption that the banks are so busy modifying home loans that they don’t have the bandwidth or stomach to go after those who are walking away. That’s a bad assumption,” said Rand, whose company motto is “We turn shortfalls into windfalls.”

A deficiency judgment, or claim, is basically the remainder owed on a home loan when a borrower goes into foreclosure or completes a short sale.

Before the real estate crash, there were relatively few foreclosures and even fewer short sales, so deficiencies were rare.

Now, tens of thousands of defaulted home loans are on bank records. But mired in busted properties, banks still have been unlikely to pursue claims, attorneys say.

That’s where the Deficiency Judgment Recovery Network comes in.

In fact, some predict a cottage industry of entrepreneurs will start buying up the delinquencies to pursue the balances on their own.

“These lawyer firms are salivating. They can’t wait because they see huge opportunities to collect money,” said Mark Greene, owner and president of Short Sale Operations LLC in North Palm Beach.

“It’s going to be a blood bath.”

The idea is similar to companies that buy credit card debt and attempt to collect, except homeowners are more attractive targets than credit card holders, said Orlando attorney Jonathan Alper, who specializes in foreclosure and bankruptcy law.

“At some point, the homeowner probably had money, whereas with a credit card claim, they may never have had money,” Alper said.

Read more here: http://www.palmbeachpost.com/money/real-estate/borrowers-beware-firms-profit-off-defaults-744186.html

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Over Two-Thirds Of The WaMu Mortgages Acquired By Chase Are Impaired

From truthaboutmortgage.com

More interesting tidbits from Chase’s investor day.

Chase said two-thirds of the $173.5 billion in mortgages picked up via its acquisition of Washington Mutual assets were deemed “impaired,” per the Seattle Times.

That’s $116.7 billion in bad loans, though Chase said it has already written down their value to $88.8 billion.

A hefty 82 percent of the pay option arms are considered impaired, while 80 percent of subprime loans and two-thirds of home equity loans share that distinction.

Chase expects $32.5 billion in total losses on the WaMu home loan portfolio, though that number could rise to as much as $40 billion if home prices fall more than expected.

The company also expects losses on WaMu’s $28 billion credit-card portfolio to approach a costly 15 percent this quarter.

Additionally, JPMorgan disclosed Thursday it was eliminating another 2,800 WaMu jobs through attrition, mainly in call centers, mortgage-processing centers, and back-office units.

With regard to its own mortgages, the bank anticipates $1 billion to $1.4 billion in quarterly losses this year on just its home equity loans made to more creditworthy borrowers.

Chase believes up to 41 percent of these borrowers will be underwater by the end of 2010, up from 27 percent at the end of 2008.

Looks like we’ll have to wait a while for that recovery…

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What U.S. Banks Can Learn from Canada

While America’s bailed-out banks lobby against reform, Canada’s profitable banks are asking for more

By Derek DeCloet, Business Week

On the night hockey superstar Wayne Gretzky lit the cauldron to open the Winter Games, something was conspicuously absent in the host city: winter. With rain and temperatures near 50F, Vancouver was the focus of a weather-obsessed nation.

Right now, Canada’s business community is fretting about a different sort of climate event. The country’s housing market is so hot, and has become so untethered from its foreclosure-ridden U.S. counterpart, that alarms are beginning to sound about a Canadian real estate bubble. In Toronto, the average home in January sold for about $392,000 (U.S.), a 19% jump from a year earlier. In prime areas of Vancouver, you can find Lilliputian one-bedroom condos listed for $575,000 or more. Price increases are forecast for every province.

For a country whose economic fortunes usually move in lockstep with America’s, this is an odd—and disconcerting—phenomenon. The most surprising part is who’s trying to cool off home prices: Canada’s top bankers. They earn huge profits from mortgages. Yet the leaders of the major banks recently urged the government to tighten mortgage rules to chill down the market, even though that would cut into profits in the short term. And the government quickly responded, announcing changes on Feb. 16 that enforce stricter requirements for borrowers, among other (tougher) rules.

This effort may be the surest sign yet of the gulf between the Canadian and American financial systems. More than $1 billion in goods cross the border daily, but when it comes to banking, the two countries are leagues apart, and the credit crisis proved it. Canada did not have to bail out its banks (though Ottawa did adopt measures to lubricate the credit markets). When American and European banks were teetering in 2008, only one of Canada’s six major banks reported a loss. Last year, none did.

The stability hasn’t gone unnoticed. Canada’s bankers have won admiration from President Barack Obama, former Federal Reserve Chairman Paul Volcker, and Nobel prize-winning economist Paul Krugman, among others. What explains the success? Krugman points to stricter regulation—certainly a factor but not the whole story. Yes, regulators kept Canadian banks from taking on too much debt, which helped them through the crisis, but there were cultural and business reasons at play, too.

Read more here: http://www.businessweek.com/magazine/content/10_09/b4168072832439.htm

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