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	<title>The Price Report &#187; Foreclosure</title>
	<atom:link href="http://davidpricerealtor.com/blog/category/foreclosure/feed/" rel="self" type="application/rss+xml" />
	<link>http://davidpricerealtor.com/blog</link>
	<description>St. Petersburg, Florida Real Estate News</description>
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		<title>New rules aim to simplify refinancing for troubled homeowners</title>
		<link>http://davidpricerealtor.com/blog/new-rules-aim-to-simplify-refinancing-for-troubled-homeowners/</link>
		<comments>http://davidpricerealtor.com/blog/new-rules-aim-to-simplify-refinancing-for-troubled-homeowners/#comments</comments>
		<pubDate>Mon, 14 Nov 2011 23:24:14 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Mortgages]]></category>
		<category><![CDATA[HARP 2.0]]></category>
		<category><![CDATA[refinance plan]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=779</guid>
		<description><![CDATA[If you are a troubled homeowner hoping to refinance, pay attention next Tuesday as details come out on a new federal program that could make it easier starting in late December or early in 2012.
In the meantime, be sure you keep up with your mortgage payments so that you can qualify for the new deal.
Even [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fnew-rules-aim-to-simplify-refinancing-for-troubled-homeowners%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fnew-rules-aim-to-simplify-refinancing-for-troubled-homeowners%2F" height="61" width="51" /></a></div><p>If you are a troubled homeowner hoping to refinance, pay attention next Tuesday as details come out on a new federal program that could make it easier starting in late December or early in 2012.</p>
<p>In the meantime, be sure you keep up with your mortgage payments so that you can qualify for the new deal.</p>
<p>Even if you missed payments in the past, it can help to be current going forward, said Kathy Conley, housing specialist for GreenPath Debt Solutions in Farmington Hills.</p>
<p>The revised Home Affordability Refinance Program (HARP) could apply to a broader base of people.</p>
<p>If, for instance, you owe $100,000 on a house that would appraise at just $50,000 – too deep underwater for a conventional refinancing – you might be able to refinance under the new HARP. That was not true under the old HARP, launched in 2009, which had a 125 percent maximum on loan-to-value ratio.</p>
<p>The new plan is expected be a big help for many homeowners in states that have been hard hit by drastic drops in home values, such as Michigan, Florida, California, Arizona and Nevada, according to Greg McBride, senior analyst for Bankrate.com.</p>
<p>Seeing mortgage rates hover near record lows – around 4.23 percent for a 30-year fixed and 3.48 percent for a 15-year – has many folks wondering whether it’s time to refinance.</p>
<p>In this tough housing market, what do you need to know? How can you save money by refinancing and make those low rates work for you?</p>
<p>Even with interest rates low and a revised federal program coming, refinancing is not for everybody who wants – or needs – a better deal on their home and some extra cash.</p>
<p>Some homeowners could face surprising hurdles, even if they’re not underwater and are current on payments.</p>
<p>“Everybody who is really hurting – and everybody who needs the help – can’t take advantage of the rates,” said Kip Kirkpatrick, CEO of Shore Mortgage Services in Birmingham, Mich.</p>
<p>What’s your credit score? How solid is your income? Got a lot of debt?</p>
<p>To refinance, the borrower needs a predictable level of recurring income – so such things as pension income would count, as would Social Security, your regular paychecks, alimony if expected to last three years or more, and interest on investments.</p>
<p>“You will need to provide a full accounting of your income,” said Bob Walters, chief economist for Quicken Loans in Detroit.</p>
<p>Lenders are going to look at how much money you owe on the mortgage and other loans relative to what you’re making.</p>
<p>“A reduction in income can lead to a higher ratio of debt payments to monthly income,” said Greg McBride, senior analyst for Bankrate.com. “A high debt-to-income ratio makes lenders nervous. The borrower is just one unplanned expense away from problems.”</p>
<p>As a general rule, it becomes more difficult – but not impossible – to qualify for a mortgage or refinance when a person’s total debt – to income ratio exceeds 40 percent to 45 percent, Walters said.</p>
<p>Your credit score counts. Lenders generally want a FICO of 680 or higher to qualify for the best rates in a conventional mortgage. A FICO of 620 tends to be the cutoff that often defines who can, and who can’t, get a mortgage.</p>
<p>Walters noted that there are exceptions to the 620 cutoff, especially when utilizing Federal Housing Administration programs with some lenders.</p>
<p>Credit scores also could have more wiggle room under the new federal Home Affordable Refinance Program. Gerri Detweiler, personal finance expert for Credit.com, said consumers who are in the process of a refinancing don’t want to go out and borrow money to get new furniture, buy a car or even get holiday gifts. Lenders are likely to look at your credit even the day before or the day of closing on that new mortgage, Detweiler said.</p>
<p>“If you’ve done something stupid with your credit, you could lose the loan,” she said.</p>
<p>So what if the house you bought for $280,000 and mortgaged for $260,000 is now worth $150,000?</p>
<p>Right now, you can’t do a thing with it.</p>
<p>For a conventional refinancing, the lender wants at most an 80 percent loan-to-value ratio. So if your home is worth $100,000 and you owe $70,000, you could qualify.</p>
<p>The new HARP 2.0 plan is going to address the underwater mortgage issue further.</p>
<p>“Anybody who thinks they’re underwater, I would say just hold off until the new program comes out,” said Brian Seibert, president of Watson Group Financial, a mortgage banker in Waterford, Mich.</p>
<p>The old HARP program had a maximum 125 percent loan-to-value ratio. But that cap is removed under the new plan.</p>
<p>“It’s easier to refinance through HARP than a conventional refinance,” Conley said.</p>
<p>But remember to stay current with mortgage payments.</p>
<p>Under HARP 2.0, the borrower would have to be current with the mortgage payment for the past six months and have no more than one late payment in the past 12. But Conley and others recommend that even if you were late in the past, you can try to be current now if you want to try to qualify for HARP 2.0.</p>
<p>“Definitely don’t skip the mortgage payment so you can go Christmas shopping,” Detweiler said.</p>
<p>Though the old HARP promised far more than it delivered – fewer than 900,000 refinancings and just 72,000 of them underwater – experts say consumers should avoid being discouraged. The revised program, which will run through 2013, could be an improvement.</p>
<p>The program would lower payments but would not reduce principal, so borrowers would still hold mortgages for more than their homes are worth. But they could avoid foreclosure.</p>
<p>Consumers who want to refinance should prepare paperwork, keep up payments, consider the new option and avoid the desire to give up.</p>
<p>“You feel the frustration that people have,” McBride said, “but sitting back and doing nothing is not going to solve the problem.”</p>
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		<title>Some homeowners, who can afford the mortgage, still default</title>
		<link>http://davidpricerealtor.com/blog/some-homeowners-who-can-afford-the-mortgage-still-default/</link>
		<comments>http://davidpricerealtor.com/blog/some-homeowners-who-can-afford-the-mortgage-still-default/#comments</comments>
		<pubDate>Tue, 01 Mar 2011 20:46:19 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[short sale]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=664</guid>
		<description><![CDATA[ She has a sales job with a six-figure salary. He owns a successful tech company. And they are in foreclosure.
But unlike countless other Americans faced with losing their homes, this couple could make the $5,200 monthly mortgage on the waterfront property in Pompano Beach that they bought for $585,000 in 2004. Foreclosure was their [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fsome-homeowners-who-can-afford-the-mortgage-still-default%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fsome-homeowners-who-can-afford-the-mortgage-still-default%2F" height="61" width="51" /></a></div><p> She has a sales job with a six-figure salary. He owns a successful tech company. And they are in foreclosure.</p>
<p>But unlike countless other Americans faced with losing their homes, this couple could make the $5,200 monthly mortgage on the waterfront property in Pompano Beach that they bought for $585,000 in 2004. Foreclosure was their decision – not the bank’s.</p>
<p>They crunched the numbers: $525,000 outstanding on their first mortgage and a $245,000 second mortgage on a home now worth about $319,000. His business was way down, her company was laying off workers and other investments had tanked. It made no sense to hang on to their underwater home. So they stopped paying their mortgage and waited for the foreclosure notice. It came in October.</p>
<p>It is called strategic default – borrowers who have enough money to make their mortgage payments but do not. They owe so much on a home that is now worth so little, that they decide to walk away.</p>
<p>It is not an easy decision. But it is not the inevitable blow to their credit score that troubles some strategic defaulters. It is the ethical dilemma of refusing to repay a loan when they are able to and worrying about what the neighbors will think.</p>
<p>“It felt like such an awful thing to do,” the woman said, who spoke on the condition of anonymity. “I got a car loan at 14 and paid $35 a week until I paid it off when I was 16. “</p>
<p>How prevalent are strategic defaults?</p>
<p>Although the exact number is unknown, half the homeowners in a study conducted by the Federal Reserve Board walked away when they owed twice what their home was worth. A Palm Beach Post analysis of foreclosed homes purchased since 2006 found 72 percent – about 4,124 homes – are worth less than half of the original loan.</p>
<p>In the business world, strategic default is a common tactic – considered a savvy move for financially troubled companies. However, “consumers have been browbeaten and trained to believe that it’s not honorable to not pay your debts,” said Margery Golant, a Boca Raton attorney who represents the Pompano Beach couple in default. “Why should it be any different for consumers?”</p>
<p>Last year, Morgan Stanley walked away from a $1.5 billion mortgage on five buildings in San Francisco despite record-breaking profits in 2009. Real estate giant Tishman Speyer Properties strategically defaulted on $4.4 billion in loans on two housing developments in New York after the properties lost $2.2 billion in value. The company had billions of dollars in assets, including Rockefeller Center and the Chrysler Building, which it could have leveraged to meet its loan obligations.</p>
<p>Even the Mortgage Bankers Association, whose president chastised homeowners who strategically default for the “message” it would send to their “family, kids and friends,” dumped its Washington headquarters in a short sale. After working out a deal with its lender, the MBA sold the building for $41.3 million last year. In 2007, the group purchased it for $79 million.</p>
<p>Ethicist OK with decision</p>
<p>“No, it’s not wrong,” said Randy Cohen, author of the weekly Ethicist column in The New York Times. Although homeowners are emotionally attached to their property, a house is still an investment.</p>
<p>“I don’t understand why you would be asked to make a decision on this investment any differently than you would on any other,” Cohen said. “Why should homeowners be held to a higher ethical standard?”</p>
<p>In many strategic default cases, the moral imperative is self-imposed. Among the arguments: Walking away from a mortgage will depreciate your neighbors’ property values. If all underwater homeowners walked away, the housing market would crash.</p>
<p>“Most people considering strategic default come to me and want my permission,” said Ronald Kaniuk, a Boca Raton foreclosure defense lawyer. “People who cannot pay their mortgage are apologetic. For people who can afford their mortgage or can just barely afford their mortgage and see it as a losing investment, they want absolution.”</p>
<p>They should not get it, according to Luigi Zingales, an economist and professor at the University of Chicago’s Booth School of Business, who became embroiled last year in a debate over the morality of strategic default.</p>
<p>“When you borrow money you make a commitment to pay it back,” Zingales said. “If you walk away because it’s in your interest to do so, you are violating the letter and the spirit of the law.”</p>
<p>Zingales wanted to know why it had become so easy for upside down homeowners to walk away. The answer was simple.</p>
<p>“The stigma is very much a function of how many people do it,” Zingales said. “Once you think it’s socially acceptable, it becomes easier to do.”</p>
<p>Expect more defaults</p>
<p>But there are consequences, including the long-term health of the housing market, Zingales said. Zingales predicts we will reach a tipping point where getting rid of a bad investment outweighs the damage to neighbors’ property values and the borrower’s reputation. In other words, expect more defaults.</p>
<p>“We’re not there yet,” Zingales said. “Clearly this creates a tension in society.”</p>
<p>On one side are homeowners who did not lose their jobs or live beyond their means and are now struggling to make their mortgage payment. Next door are neighbors who have stopped paying their mortgages and are living largely free until they are booted from their homes. “It’s a legitimate resentment,” Zingales said.</p>
<p>“We never bought cars or jewelry,” the Pompano Beach woman said. The second mortgage they took out on their home went toward purchasing and renovating a condominium as an investment rental property. When her husband’s business lost its best client and her company began layoffs, they decided to get out from under all their debt.</p>
<p>There will be consequences. They will lose the $65,000 in loan payments. The lender could get a “deficiency judgment” to go after the couple for repayment of the defaulted loan.</p>
<p>Their credit score will take a hit, but at least with a strategic default they won’t be homeless.</p>
<p>After liquidating some assets and scraping together what they could, the couple bought a new house – down the street and nearly identical to the old house – for $353,000. They walked away from $770,000 in debt.</p>
<p>“It felt like such an awful thing to do,” she said. “When this is all over I’ll feel like I made a good choice.”</p>
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		<title>Lenders may be not-so-fast to foreclose</title>
		<link>http://davidpricerealtor.com/blog/lenders-may-be-not-so-fast-to-foreclose/</link>
		<comments>http://davidpricerealtor.com/blog/lenders-may-be-not-so-fast-to-foreclose/#comments</comments>
		<pubDate>Fri, 14 Jan 2011 23:34:03 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Real estate info]]></category>
		<category><![CDATA[FORECLOSE]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=628</guid>
		<description><![CDATA[ After a pivotal court ruling last Friday in Massachusetts, lenders are likely to be more willing to help homeowners who are struggling to make their mortgage payments.
Last Friday, the Massachusetts Supreme Judicial Court ruled that two foreclosures in the case were invalid because the banks didn’t follow proper steps to show they had the [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Flenders-may-be-not-so-fast-to-foreclose%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Flenders-may-be-not-so-fast-to-foreclose%2F" height="61" width="51" /></a></div><p> After a pivotal court ruling last Friday in Massachusetts, lenders are likely to be more willing to help homeowners who are struggling to make their mortgage payments.</p>
<p>Last Friday, the Massachusetts Supreme Judicial Court ruled that two foreclosures in the case were invalid because the banks didn’t follow proper steps to show they had the authority to foreclose on the homes.</p>
<p>The case likely has set a precedent for the rest of the nation’s lenders to follow: Before you foreclose on a homeowner, make sure you have authority to do it.</p>
<p>“What banks are going to have to do is make sure they’ve dotted their I’s and crossed their T’s before going through with a foreclosure,” says Stuart Rossman, director of litigation at the National Consumer Law Center.</p>
<p>This could mean an even slower pace for foreclosures as banks take extra caution on their paperwork, says Roy D. Oppenheim, senior partner at Oppenheim Law in Weston, Fla.</p>
<p>Experts say the court ruling was a positive for homeowners who are in the middle of the foreclosure process, those trying to work out modifications, refinance, or do a short sale. They say that reaching a deal with lenders may become easier.</p>
<p>“I am expecting the banks to do fewer foreclosures and to engage in serious conversation in pre-foreclosure with borrowers,” Oppenheim says. “We’re already seeing [some] modifications that included for the first time principal reduction.”</p>
<p>Source: “Foreclosure Ruling May Be Good News for Homeowners,” MarketWatch </p>
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		<title>Foreclosure mess creates more havoc for Pinellas-Pasco courts</title>
		<link>http://davidpricerealtor.com/blog/foreclosure-mess-creates-more-havoc-for-pinellas-pasco-courts/</link>
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		<pubDate>Mon, 25 Oct 2010 23:46:35 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>

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		<description><![CDATA[CLEARWATER The temporary freeze on foreclosures by big lenders such as Bank of America is rippling through the Pinellas-Pasco court system.
In the past few weeks about 50 percent of foreclosure hearings have been canceled. It&#8217;s a significant setback because the courts are already dealing with a backlog of 33,000 foreclosure cases, said J. Thomas McGrady, [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fforeclosure-mess-creates-more-havoc-for-pinellas-pasco-courts%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fforeclosure-mess-creates-more-havoc-for-pinellas-pasco-courts%2F" height="61" width="51" /></a></div><p>CLEARWATER The temporary freeze on foreclosures by big lenders such as Bank of America is rippling through the Pinellas-Pasco court system.</p>
<p>In the past few weeks about 50 percent of foreclosure hearings have been canceled. It&#8217;s a significant setback because the courts are already dealing with a backlog of 33,000 foreclosure cases, said J. Thomas McGrady, chief judge of the 6th Judicial Circuit. &#8220;Our goal was to reduce that number by 62 percent within a year,&#8221; McGrady said. &#8220;Particularly with the cancellation of hearings and the numbers, we&#8217;re not going to reach that goal.&#8221;Bank of America, GMAC, JPMorgan Chase and other big banks put a moratorium on foreclosures after questions were raised about fraudulent paperwork. Several have resumed foreclosure proceedings this week, but must re-schedule canceled hearings. Also, once the cases are back on the docket, McGrady said judges will have to scrutinize documents. &#8220;In all these cases with affidavits, the lenders themselves have questioned &#8230; are they going to submit new affidavits? Are they just going to rely on the old affidavits? As a court we&#8217;re going to have a look at each one on a case-by-case basis,&#8221; he said</p>
<p><a href="http://www2.tbo.com/content/2010/oct/20/201844/foreclosure-mess-creates-more-havoc-for-pinellas-p/">read more at TBO.com</a></p>
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		<title>As more homeowners walk away, experts fear for nation’s morals</title>
		<link>http://davidpricerealtor.com/blog/as-more-homeowners-walk-away-experts-fear-for-nation%e2%80%99s-morals/</link>
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		<pubDate>Tue, 12 Oct 2010 17:47:46 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[short sale]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=585</guid>
		<description><![CDATA[Americans have taken a sharp slap in the face from the housing crisis, financial crisis and jobs crisis. Now, some wonder if the residue of those harsh realities is an ethical crisis.
For the first time in the nation’s history, bankers say, people are walking away from mortgages they can otherwise afford to pay. The phenomenon [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fas-more-homeowners-walk-away-experts-fear-for-nation%25e2%2580%2599s-morals%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fas-more-homeowners-walk-away-experts-fear-for-nation%25e2%2580%2599s-morals%2F" height="61" width="51" /></a></div><p>Americans have taken a sharp slap in the face from the housing crisis, financial crisis and jobs crisis. Now, some wonder if the residue of those harsh realities is an ethical crisis.</p>
<p>For the first time in the nation’s history, bankers say, people are walking away from mortgages they can otherwise afford to pay. The phenomenon known as strategic default was once unthinkable. It represents a calculated decision to hand over the keys to a home without making good on a loan, reasoning that it makes no sense to keep paying the monthly mortgage when the home is worth thousands of dollars less than the obligation.</p>
<p>Jeff Horton, a 33-year-old Orlando, Fla., technology manager, is among those who recently decided to take the step. He told his lender that he’s done making payments on the condo he bought in 2005 and the home he bought in 2007, because he wants to move from Florida and can’t sell or rent the properties at a price nearly high enough to cover his payments.</p>
<p>“Life is too short,” said Horton, who has mortgages totaling about $400,000 with Bank of America – about twice as much as he thinks he would get if he could sell the property. He says he has little choice because the bank has refused to refinance the mortgages or adjust original terms.</p>
<p>Strategic default is a symptom of a housing market that suddenly turned from “American Dream” to financial trap. With the Norman Rockwell-like images of homeownership decimated by a 30 percent plunge in prices, some fear America is also losing its grip on another idyllic notion: that people will live by the slogan, “My word is my bond.”</p>
<p>Morgan Stanley recently estimated that about 18 percent of defaults will be strategic. In a recent Pew Research Center survey, 36 percent of Americans said that walking away without paying a mortgage is acceptable, at least under certain circumstances. Fifty-nine percent said the practice is unacceptable.</p>
<p>The saying “My word is my bond” was first posted in the London Stock Exchange in the late 1920s to convey living up to promises. Now, after the worst financial disaster since that period, people such as Horton say they have no such image of Wall Street or large banks as trustworthy institutions, and that has allayed guilt about walking away from mortgages.</p>
<p>“I felt guilty at first,” said Horton. “It all stopped when I saw them take $90 million in executive bonuses. They take bailout money and do nothing for the little guy. They wouldn’t do anything for me.”</p>
<p>Most people walking away from homes see little choice, says John Maddux, chief executive of UWalkAway, a Web site that provides advice on the strategic-default process. “They bought the house thinking of it as an investment in their future,” he said. “For some, it was to be their retirement; for others, it was seen as forced savings, and now it’s bleeding them dry.”</p>
<p>Overburdened with mortgages, people conclude they won’t be able to send their children to college, save anything for retirement or move to a place where they can find a job. But as they go through the soul-searching and guilt connected with walking away, Maddux noted they often point to a sense of betrayal.</p>
<p>He said he frequently hears: “I don’t feel bad for the banks. They let this happen. Banks made the mistake of giving a loan to anyone if they had a pulse. Their loose lending standard led to a bubble, and the regulators should have controlled this.”</p>
<p>Banking expert E. Philip Davis sympathizes with that point of view, but he also points out the implication of homeowners walking away from a commitment.</p>
<p>“It makes them as bad as the bankers,” said Davis, a Baptist minister in the United Kingdom who teaches courses on fostering stability in the financial system.</p>
<p>The erosion of the ethic of keeping promises “will be a cancer for society,” said Davis, who was with the Bank of England and is now a fellow at the U.K.’s National Institute of Economic and Social Research.</p>
<p>On the surface, one consequence is evident: If bankers don’t trust that people will pay off their loans, banks will demand higher interest and other assurances before lending in the future.</p>
<p>In fact, there’s research behind the concern, says Tom Donaldson, a University of Pennsylvania Wharton business ethics professor. And it shows that both bankers and borrowers are at risk if trust erodes.</p>
<p>“We’ve known for decades that trust is critical to successful business,” said Donaldson. “Studies have shown that if one party cheats on one end, the other party feels more entitled to cheat. It’s not the most noble way, but it is human nature, and it becomes a race to the bottom.”</p>
<p>Research into strategic default by University of Chicago Booth School of Business professor Luigi Zingales shows what he calls “the contagion effect.” “The stigma goes down once you see someone else do it,” he said.</p>
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		<title>Lenders go after money lost in foreclosures</title>
		<link>http://davidpricerealtor.com/blog/lenders-go-after-money-lost-in-foreclosures/</link>
		<comments>http://davidpricerealtor.com/blog/lenders-go-after-money-lost-in-foreclosures/#comments</comments>
		<pubDate>Thu, 17 Jun 2010 00:42:26 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[foreclosures]]></category>
		<category><![CDATA[Lenders go after money]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=495</guid>
		<description><![CDATA[By Dina ElBoghdady
Washington Post Staff Writer
Wednesday, June 16, 2010 
After the bank foreclosed on Fernando Palacios&#8217;s Gainesville home in March, he thought he was done with what he described as the most stressful financial situation of his life. 
The bank sold the home for far less than Palacios owed on it, as often happens with [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Flenders-go-after-money-lost-in-foreclosures%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Flenders-go-after-money-lost-in-foreclosures%2F" height="61" width="51" /></a></div><p>By Dina ElBoghdady<br />
Washington Post Staff Writer<br />
Wednesday, June 16, 2010 </p>
<p>After the bank foreclosed on Fernando Palacios&#8217;s Gainesville home in March, he thought he was done with what he described as the most stressful financial situation of his life. </p>
<p>The bank sold the home for far less than Palacios owed on it, as often happens with foreclosures. What Palacios did not see coming was the letter from his lender demanding that he pay the shortfall: $148,064.02. &#8220;I really thought I was through with this house,&#8221; said Palacios, who fell behind on payments when the economy soured and his cleaning business stumbled. </p>
<p>Over the past year, lenders have become much more aggressive in trying to recoup money lost in foreclosures and other distressed sales, creating more grief for people who thought their real estate headaches were far behind. </p>
<p>In many localities &#8212; including Virginia, Maryland and the District &#8212; lenders have the right to pursue borrowers whose homes have sold at a loss to collect the difference between what the property sold for and what the borrower owed on it, also called a deficiency. </p>
<p>Before the housing bust, when the volume of foreclosures was relatively low, lenders seldom bothered to chase after deficiencies because borrowers had few remaining assets to claim and doing so involved hassles and costs. But with foreclosures soaring, lenders are more determined to get their money back, especially if they suspect borrowers are skipping out on loan they could afford, an increasingly common practice in areas where home values have tanked. </p>
<p>Palacios said he was committed to staying in his house, which he bought in 2005. He sunk $20,000 into improving it and hoped to raise his children there. But his lender refused to modify his loan, he said. To avoid personal liability for the deficiency, Palacios is filing for bankruptcy protection, as many people do who are in similar situations, said Nancy Ryan, his bankruptcy attorney. </p>
<p>&#8220;I am definitely seeing more people come through my door who walked away from houses a year or two ago and thought they were as free as the dead,&#8221; Ryan said. &#8220;They&#8217;re stunned when they realize they&#8217;re not.&#8221;<br />
Several lenders contacted for this story declined to say how often they pursue deficiencies. But many said they try to collect the debt if they conclude the borrower can repay all or part of it. </p>
<p>&#8220;Lenders are not going after people who face a hardship,&#8221; said John Mechem, a spokesman for the Mortgage Bankers Association. &#8220;If they can&#8217;t pay their mortgage because they have a loss of income, there is no point in going after them.&#8221; </p>
<p>Those who had a second mortgage, such as a home-equity line of credit, in addition to their primary mortgage may find themselves particularly vulnerable, especially if they tapped into the equity line for cash. </p>
<p>Second lenders are last in line to get paid when a distressed property is sold. There&#8217;s usually little or no money left over for them, making it more likely that they will pursue large deficiencies, several attorneys said. </p>
<p>Gretchen Somers said she and her husband understood the risks last year when they completed a &#8220;short sale,&#8221; a transaction that allowed them to sell their Manassas home for about $150,000 less than they owed on it. But they felt they had no other options. </p>
<p>Somers said her family hung onto the house as long as possible. They tried but failed to sell it when her husband was transferred to Arizona for his job in early 2006, just as home prices were softening. They moved back into the house then tried to sell it again in 2008, after their adjustable-rate mortgage reset and their monthly mortgage payment nearly doubled. But home prices had plunged further by then, making it even tougher to sell. </p>
<p>Last year, their first lender and their home-equity line lender granted permission for the short sale. But the second lender reserved the right to come after the couple. Six months later, a collection agency called demanding $85,000 for related losses. </p>
<p>In hindsight, Somers said she and her husband should have just walked away from the house. &#8220;We took care of the house because we wanted it to sell,&#8221; Somers said. &#8220;If they were going to come after us anyway, we shouldn&#8217;t have done them the favor of making sure it looked good and cutting the grass even after we moved out, We should have mailed them the key and said: &#8216;Here you go.&#8217; &#8221; </p>
<p>Carlos Cortez and his wife managed to escape that fate after their second lender came after them for $70,000 when their short sale was completed on his Manassas Park townhouse in 2008. </p>
<p>Cortez knew that was a possibility, but he went through with the sale because his real estate agent said the lender was engaging in scare tactics. </p>
<p>James Scruggs, an attorney at Legal Services of Northern Virginia, said the lender appears to have backed off after Cortez argued that that the loan officer falsely qualified him and his wife for a home-equity line by fabricating key details about their finances. </p>
<p>A handful of states do not allow lenders to pursue deficiencies, nor does a federal program that took effect April 10. Lenders participating in that initiative are paid for approving short sales and as a condition, they cannot go after outstanding debt. </p>
<p>In many states, lenders can go after deficiencies, though laws vary widely, said John Rao, an attorney at the National Consumer Law Center. Some states limit how long the banks have to file a claim or collect the debt. Others may calculate deficiencies based on the fair-market value of the house, Rao said. For instance, if a home sells for $200,000 yet its fair market value is $250,000, &#8220;the borrower who owes $240,000 on the mortgage would not have a deficiency,&#8221; he said. </p>
<p>Borrowers should get a waiver in writing from their lenders to protect themselves, said Diane Cipollone, an attorney at the nonprofit Civil Justice. &#8220;Nobody should assume the deficiency is forgiven,&#8221; she said. </p>
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		<title>Crowds likely at ‘Save the Dream’</title>
		<link>http://davidpricerealtor.com/blog/crowds-likely-at-%e2%80%98save-the-dream%e2%80%99/</link>
		<comments>http://davidpricerealtor.com/blog/crowds-likely-at-%e2%80%98save-the-dream%e2%80%99/#comments</comments>
		<pubDate>Fri, 16 Apr 2010 01:18:32 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Good Things]]></category>
		<category><![CDATA[Real estate advice]]></category>

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		<description><![CDATA[A record number of desperate borrowers have registered for a traveling mortgage relief marathon that “sounds too good to be true.”
The Neighborhood Assistance Corporation of America’s Save the Dream Tour opens 9 a.m. Thursday at the Miami Beach Convention Center, offering thousands of struggling homeowners a chance to modify their loans – at no cost.
The [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fcrowds-likely-at-%25e2%2580%2598save-the-dream%25e2%2580%2599%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fcrowds-likely-at-%25e2%2580%2598save-the-dream%25e2%2580%2599%2F" height="61" width="51" /></a></div><p>A record number of desperate borrowers have registered for a traveling mortgage relief marathon that “sounds too good to be true.”</p>
<p>The Neighborhood Assistance Corporation of America’s Save the Dream Tour opens 9 a.m. Thursday at the Miami Beach Convention Center, offering thousands of struggling homeowners a chance to modify their loans – at no cost.</p>
<p>The event, which offers free counseling and face-to-face contact with lender representative, runs 24 hours a day. Doors close at 8 p.m. on April 19.</p>
<p>Bruce Marks, CEO of the Boston-based nonprofit, said Wednesday morning that a company record 15,000 had already registered for Thursday’s event.</p>
<p>“We’ve had a huge response,” he said, even though the tour made a stop in West Palm Beach just last February.</p>
<p>Darren Duarte, spokesman for NACA, said the overwhelming number of people who showed up for help in Palm Beach County led the tour, which makes stops around the county, back to South Florida.</p>
<p>“During the last day the crowd was extremely large and we got to see a lot of people but there were a lot of people we didn’t get a chance to see,” Duarte said about the February event. “So we saw there is still a need here and a demand here.”</p>
<p>More than 24,000 applied for mortgage relief at the Palm Beach County event, leading to nearly 11,000 modifications, Duarte said.</p>
<p>Greg Calley said he was among those who benefited. The American Airlines mechanic said he was poised to short-sell his Jupiter townhome after a year of trying unsuccessfully to work with Chase to modify his loan, which he struggled to pay.</p>
<p>Then he heard about Save the Dream.</p>
<p>“I thought it was too good to be true,” he said, echoing a common skepticism about whether the nonprofit really can help mortgage holders receive a free, same-day loan modification.</p>
<p>But Calley said that by the time he left the Palm Beach event, his monthly payment was $1,000 cheaper and his interest rate reduced by 4.5 percentage points.</p>
<p>The tour’s arrival in South Florida comes on the heels of a month that set a new South Florida record for property repossessions in March, with 3,707 in Broward, Miami-Dade and Palm Beach counties, according to a report by real estate consulting firm CondoVultures Realty.</p>
<p>Those who attend the workshop are encouraged to register and are urged to bring pay stubs, tax forms and other financial documents.</p>
<p>More info: http://www.naca.com</p>
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		<title>Home Affordable Modification Program &#8211; Is Help On Its Way?</title>
		<link>http://davidpricerealtor.com/blog/home-affordable-modification-program-is-help-on-its-way/</link>
		<comments>http://davidpricerealtor.com/blog/home-affordable-modification-program-is-help-on-its-way/#comments</comments>
		<pubDate>Thu, 08 Apr 2010 12:08:32 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Florida News]]></category>
		<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Good Things]]></category>
		<category><![CDATA[Real estate advice]]></category>
		<category><![CDATA[Real estate info]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[foreclosure help]]></category>
		<category><![CDATA[HAFA]]></category>
		<category><![CDATA[HAMP]]></category>
		<category><![CDATA[Modification]]></category>

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		<description><![CDATA[How does the HAMP &#038; HAFA programs work and will they help you? Get all the info here!]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fhome-affordable-modification-program-is-help-on-its-way%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fhome-affordable-modification-program-is-help-on-its-way%2F" height="61" width="51" /></a></div><p>If you are like many American’s who purchase or refinanced their home during the heat of the real estate boom this could be the program that was designed to help YOU! Over the past 2 years I&#8217;ve been working to help many clients who have found themselves upside down and need financial help to correct their housing situation. It&#8217;s been a long and hard road for many of these good people whose lives have changed in one way or another.</p>
<p>Finally it looks like our government has taken a step in the right direction to streamline the process of helping these good hardworking people. </p>
<p>There are two program: <strong>The first is called HAMP, and this is how it works:</strong><br />
The Home Affordable Modification Program is designed to help as many as 3 to 4 million financially struggling homeowners avoid foreclosure by modifying loans to a level that is affordable for borrowers now and sustainable over the long term. The program provides clear and consistent loan modification guidelines that the entire mortgage industry can use.</p>
<p>Borrower eligibility is based on meeting specific criteria including:<br />
1) borrower is delinquent on their mortgage or faces imminent risk of default<br />
2) property is occupied as borrower&#8217;s primary residence<br />
3) mortgage was originated on or before Jan. 1, 2009 and unpaid principal balance must be no greater than $729,750 for one-unit properties. </p>
<p>After determining a borrower&#8217;s eligibility, a servicer will take a series of steps to adjust the monthly mortgage payment to 31% of a borrower&#8217;s total pretax monthly income:</p>
<p>•First, reduce the interest rate to as low as 2%,<br />
•Next, if necessary, extend the loan term to 40 years,<br />
•Finally, if necessary, forbear (defer) a portion of the principal until the loan is paid off and waive interest on the deferred amount.<br />
Note: Servicers may elect to forgive principal under HAMP on a stand alone basis or before any modification step in order to achieve the target monthly mortgage payment.<br />
The Home Affordable Modification Program includes incentives for borrowers, servicers and investors &#8211; <a href="https://www.hmpadmin.com/portal/programs/hamp/borrower_streamlined.html">For More Info Click Here</a></p>
<p>If you can&#8217;t complete the HAMP program for one or a number of reasons than you maybe (should be able to) go in to the second program call HAFA. </p>
<p><strong>Here is the info on HAFA: How HAFA Can Help</strong></p>
<p>The Home Affordable Foreclosure Alternatives (HAFA) Program was designed to complement the Home Affordable Modification Program (HAMP) by helping current homeowners with mortgage debt who are eligible for HAMP but still cannot keep their home.</p>
<p>When a borrower applies for help from HAMP, not everyone succeeds with the program. Sometimes their lender is unable to approve a loan modification. Other times the borrower declines the terms of the loan modification. Some borrowers are approved and accept the terms of the modification, but fail to complete the program for various reasons. Before HAFA, these borrowers were usually headed for foreclosure.</p>
<p>HAFA gives those borrowers a viable alternative to foreclosure. If they have or want to find a buyer for their home, they may request approval for a short sale  with pre-approval short sale terms and minimum acceptable net proceeds. If not, they may request approval for a deed-in-lieu . When a borrower applies for help with one of the HAFA solutions, the program already has their financial and hardship information from their HAMP application.</p>
<p>HAFA also imposes limits on the lender to help the borrower. Under the terms of this program, a lender must release the borrower from all future liability for the first mortgage debt. The lender may not ask the borrower for cash or a promissory note, and the lender may not ask a court for a deficiency judgment. The program also prohibits the lender from asking the listing real estate agent to discount their commission at the closing of a short sale.</p>
<p>All documents have been standardized and procedures, time frames, and deadlines have been streamlined under HAFA to make the process easier for both borrowers and lenders.</p>
<p>HAFA also provides financial incentives for both borrowers and lenders to participate in the program. Borrowers are entitled to receive $1,500 in relocation assistance , to be paid at closing. Lenders or loan servicers may receive up to $1,000 to help with administrative costs. There are also financial incentives for the lender or investor on the first mortgage to allow some of the proceeds from the sale of the property to be paid to subordinate lienholders.</p>
<p>Finally, participation in the HAFA program puts the foreclosure process on hold for the borrower. The lender may initiate the foreclosure process, but if the borrower is in the middle of the application process, or if any approved short sale or deed-in-lieu agreement has not been completed or reached its deadline, the lender may not complete the foreclosure process.</p>
<p><a href="http://hafa-program.com/">For more information Click Here </a></p>
<p>There are a lot of people who need this information so please forward to a friend or RT on twitter</p>
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		<title>Default can spur revenge desire</title>
		<link>http://davidpricerealtor.com/blog/default-can-spur-revenge-desire/</link>
		<comments>http://davidpricerealtor.com/blog/default-can-spur-revenge-desire/#comments</comments>
		<pubDate>Tue, 06 Apr 2010 23:54:42 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[HAFA]]></category>
		<category><![CDATA[HAMP]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=433</guid>
		<description><![CDATA[There was an article in the Tampa Tribune today called &#8220;Default can spur revenge desire&#8221; 
This is a great article of what we as Realtors are seeing out there today. People destroying they homes as an act of revenge on the banks and financial institutions who loaned money to borrowers to achieve the American dream [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fdefault-can-spur-revenge-desire%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fdefault-can-spur-revenge-desire%2F" height="61" width="51" /></a></div><p>There was an article in the Tampa Tribune today called <a href="http://www.floridarealtors.org/NewsAndEvents/article.cfm?id=237364">&#8220;Default can spur revenge desire&#8221;</a> </p>
<p>This is a great article of what we as Realtors are seeing out there today. People destroying they homes as an act of revenge on the banks and financial institutions who loaned money to borrowers to achieve the American dream of home ownership. </p>
<p>I&#8217;ve lost count of the number of homes I&#8217;ve shown that A/C systems, appliances, doors, locksets etc. have been removed. It&#8217;s a disgrace that this type of stuff is going on and it seems that people are getting away with it.</p>
<p>There are some options that the government has just put in place to help homeowners who are behind on their mortgage payments or they are going to end up behind on payments in the near future. The 1st program call HAMP is designed to help people reduce their mortgage payments to a maximum of 31% of their income, here is a link to the program <a href="https://www.hmpadmin.com/portal/index.html">HAMP (Home Affordable Modification Program)</a>  </p>
<p>If this program isn&#8217;t enough to get you on the right path, after completing the HAMP program you can ask to be enrolled into the HAFA program  read about it here <a href="http://hafa-program.com/">(Home Affordable Foreclosure Alternatives)</a><br />
If you found this information useful please forward to a friend or RT on twitter.</p>
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		<title>SFR certified (Short Sale &amp; Foreclosure Resource agent)</title>
		<link>http://davidpricerealtor.com/blog/sfr-certified-short-sale-foreclosure-resource-agent/</link>
		<comments>http://davidpricerealtor.com/blog/sfr-certified-short-sale-foreclosure-resource-agent/#comments</comments>
		<pubDate>Wed, 17 Mar 2010 01:13:15 +0000</pubDate>
		<dc:creator>David Price</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Good Things]]></category>
		<category><![CDATA[Real estate advice]]></category>
		<category><![CDATA[Short Sales]]></category>
		<category><![CDATA[foreclosures]]></category>
		<category><![CDATA[mortgage help]]></category>

		<guid isPermaLink="false">http://davidpricerealtor.com/blog/?p=364</guid>
		<description><![CDATA[I&#8217;m a pleased to announce that in addition to successfully negotiating and closing over 40 short sales in the past 24 months, I&#8217;ve also completed the &#8220;Short Sale &#038; Foreclosure Resource course&#8221; The only course approved by the Board of Realtors. I&#8217;m now SFR certified, yes&#8230;
Over the past 2 years I have developed a system [...]]]></description>
			<content:encoded><![CDATA[<div class="tweetmeme_button" style="float: right; margin-left: 10px;"><a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fsfr-certified-short-sale-foreclosure-resource-agent%2F"><img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fdavidpricerealtor.com%2Fblog%2Fsfr-certified-short-sale-foreclosure-resource-agent%2F" height="61" width="51" /></a></div><p>I&#8217;m a pleased to announce that in addition to successfully negotiating and closing over 40 short sales in the past 24 months, I&#8217;ve also completed the &#8220;Short Sale &#038; Foreclosure Resource course&#8221; The only course approved by the Board of Realtors. I&#8217;m now SFR certified, yes&#8230;</p>
<p>Over the past 2 years I have developed a system to help my clients through this changing market, often I&#8217;m referred clients from other real estate agents both at Coldwell Banker and other offices because of my proven track record and success in negotiating short sales. There are still many agents who don&#8217;t know what they are doing or don&#8217;t want to deal with short sales. I didn&#8217;t want to pass off my clients to someone else, and I love a challange and wanted to do all I can to help people in need. </p>
<p>So don&#8217;t loose your home to foreclosure and suffer the huge credit hit and the inability to purchase a home for 5 years or more, with our holp we can help you keep your credit and put you in a position to purchase a home in just 24 months taking advantage of the low home pricing I feel will still be around.</p>
<p>Don&#8217;t hesitate to contact us to schedule a confidential consultation today.</p>
<p><a href="http://davidpricerealtor.com/blog/wp-content/uploads/2010/03/Short-Sale-Foreclosure-award.jpg"><img src="http://davidpricerealtor.com/blog/wp-content/uploads/2010/03/Short-Sale-Foreclosure-award-300x231.jpg" alt="" title="Short Sale Foreclosure award" width="300" height="231" class="aligncenter size-medium wp-image-363" /></a></p>
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