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 Borrowing money today

Buyer Beware New Page 1

No-Credit-Check Loan Red Flags

Welp. A kid just threw a baseball through your window and ran away before you could get his parents’ information. Now you need a loan to fix it. But what if your credit score isn’t exactly a home run? What are you going to do now?

 

Housing Booms and Busts

Patricia McCoy and Susan Wachter have posted Why Cyclicality Matter to Access to Mortgage Credit to SSRN. The paper is now particularly relevant because of President Trump’s plan to roll back Dodd-Frank’s regulation of the financial markets, including the mortgage market. While McCoy and Wachter do not claim that Dodd-Frank solves the problem of cyclicality in the mortgage market, they do highlight how it reduces some of the worst excesses in that market. They make a persuasive case that more work needs to be done to reduce mortgage market cyclicality.

 

Who’s a Predatory Lender?

Consumers are often told to stay away from predatory lenders, but the problem with that advice is a predatory lender doesn’t advertise itself as such.

Fortunately, if you’re on guard, you should be able to spot the signs that will let you know a loan is bad news. If you’re afraid you’re about to sign your life away on a dotted line, watch for these clues first.

 

The FHA Rollback’s Impact on Homebuyers

Less than an hour after being sworn in as president, Donald Trump signed his first executive order, eliminating a drop in FHA mortgage insurance premiums that was to take effect a week later. If the rate reduction had stayed in place, the average borrower with a $200,000 mortgage backed by the Federal Housing Administration would have had their mortgage insurance drop by about $500 per year.

 

Consumer Protection in Trouble under Trump

Last week I asked 100 people in an audience, “How many of you have heard of the U.S. Consumer Financial Protection Bureau?” Only five people raised their hands. I’m surprised. In the 240-year history of our nation, we never had a truly pro-consumer federal agency until five years ago. It’s working, but now we’re in danger of losing it.

 


Posted by editor on Monday, February 13 @ 11:53:16 MST (438 reads)
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 Virginia's fair housing law prohibits the following practices:

Buyer BewareVirginia's fair housing law prohibits the following practices: Refusing to sell or rent after the making of a bona fide offer or refusing to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability; Discriminating against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability; To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation or discrimination based on race, color, religion, sex, national origin, elderliness, familial status or disability. The use of words or symbols associated with a particular religion, national origin, sex or race shall be prima facie evidence of an illegal preference under this chapter which shall not be overcome by a general disclaimer; Representing to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available; Denying any person access to membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation because of race, color, religion, sex, national origin, elderliness, familial status or disability; To include in any transfer, sale rental, or lease of housing, any restrictive covenant that discriminates because of race, color, religion, sex, national origin, elderliness, familial status or disability or for any person to honor or exercise, or attempt to honor or exercise any such discriminatory covenant pertaining to housing; To induce or attempt to induce to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, elderliness, familial status or disability.

Posted by david on Saturday, September 24 @ 04:22:20 MST (5932 reads)
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 Securitization is not evil

Buyer Beware

Who do you believe?


Bush Neilsen is a highly respected pro-title industry commentator says  of  April Charney's post on loan Securitization:


Chaney Post

The link below has copies of many satisfaction of mortgages that were "executed" by the same Linda Green who appeared on the 60 minutes segment on robo-signing.  These documents, which we all rely on to clear title, are clearly a problem.  We as a country are now infested with this plague of uncertainty that clouds a vast but unknown number of title.  And, this cloud-on-the-title problem extends to the majority of residential mortgage loan transactions executed during the last 10 plus years in this country because of the failure of securitization which is why the industry needed (and still is using) after-the-fact robo-signers to begin with.  This blighted title problem is not just a problem for loans in foreclosure.  The attached satisfaction of mortgages "signed" by Linda Green date back to 2006.  The 60 minutes segment focused on assignment of mortgages, but this is another chapter in the book of LPS and DOCX.  There were/are likely more than 100 "Linda Greens" furiously signing these important documents around the country.  Who thought up this evil plan?  Who put the plan into action systemically around the country? And who knew about this plan, when and what did they do about it?

http://4closurefraud.org/#!/entry/22605"


Neilsen Response

Pardon me, but this type of thinking is total crap.  Loans have been sold in pieces since the beginning of the 20th century.  Securitization is not evil.  The robo-signer affidavits stated true facts in almost every instance.  Titles are not clouded throughout the United States. 

Those who would like to claim that they are are doing the nation a disservice, and are not acting as good citizens.

There were similar movements during the wave of foreclosures in the 1930's.  Much of our foreclosure case law was written then.  The collective personal tragedy is very real.  These claimed clouds and defects in title are not real.

Bush Nielsen


J. Bushnell Nielsen
Reinhart Boerner Van Deuren s.c.
N16 W23250 Stone Ridge Drive, Suite One | Waukesha, WI 53188
Office: 262-951-4514 | Cell: 262-993-1900 | Fax: 262-951-4690


Posted by david on Wednesday, April 27 @ 06:49:01 MST (6810 reads)
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 U.S. Mortgage Crisis: Where Does The Homeowner Stand?

Buyer Beware

State Recordation Fees/MERS and More Tax Evasion

Over the past several years, the real estate industry in the United States has undergone a near collapse. House prices have been reduced so far by 25% nationwide due to the bursting of real estate bubble. The only vibrant part of the real estate market in the present economic recovery is the millions of foreclosed homes being sold to bargain hunters.

Some smaller States, the Dakotas, Nebraska, Alaska, have managed to avoid a big downturn in prices and hope to continue to do so. The big States most affected by the real estate disaster though, California, Michigan, Nevada, Florida, have lost more than one-half on home values in many major cities.


There is one aspect of the home mortgage disaster that no State will be able to avoid though. This involves the mismanagement and fraud relating to mortgage loans that largely occurred after the loan closed and was recorded in the local courthouse as a lien on the property along with the new deed of ownership. This unlawful activity affects in some substantial way the validity of the great majority of mortgages issued over the past 20-years throughout the country, whether the loan payments are current or delinquent.

The History

The Wall Street investment banks, beginning in the late 1980s, initiated and bought millions of home mortgage loans to be repackaged as Mortgage Backed Securities (MBS) and sold to investors across the country and the world. In order to have their investment offerings certified as safe by the investment ratings agencies, the Wall Street banks used almost exclusively Fannie Mae/Freddie Mac qualified mortgages on the assumption such loans have already undergone a serious scrutiny under federal regulations. In reality though the two quasi-government agencies did little to oversee the quality of the of the mortgage loans they were certifying, buying and selling.

The MBS marketing effort worked. The ratings agencies, paid huge fees solely by the investment banks, certified the Wall Street MBS offerings as mostly prime-grade investments. Congress, Fannie Mae and the Security and Exchange Commission greatly encouraged the MBS trade. Now, millions upon millions of these same mortgage loans are delinquent, some for longer than two years. Millions upon millions more American households still paying their mortgage have a property that is worth far less now than the mortgage loan balance.

It has been discovered that most of the loans in the Wall Street MBS packages and those held by Fannie Mae/Freddie Mac, in fact, did not meet federal regulatory standards, not even close. Just about every player in the real estate industry had a large hand in this fraud: mortgage lenders, banks, sellers, buyers, brokers, appraisers, lawyers, middlemen, federal and state agencies, Congress and last five Presidents. The result is a home foreclosure rate that is unheard of already and looking likely to accelerate.

But the same Wall Street banks that bought off the ratings agencies and the government in order to cheat their customers and got away with it could not stop themselves from also committing massive tax evasion and the blatant violation of state laws across the nation with almost all of their MBS offerings. This is the fraud that might place the majority of US home ownership titles into serious question.



Note:

Editor's note:

Like most of these tirades, including Professor Peterson, this piece makes the assumption that recordation is lawfully required, and that therefore recordation fees are “evaded.” In fact this is completely untrue, and recordation laws are simply a way to notify others of one’s existence. They provide one option for doing so. MERS provides another. There is no state policy that assumes that land records are a complete statement of ownership of property.


Posted by david on Monday, February 07 @ 04:41:34 MST (8927 reads)
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 Mortgage Servicing

Buyer Beware Mortgage Servicing Competition Realty
Mortgage Servicing Adam J. Levitin  Georgetown University Law Center Tara Twomey National Consumer Law Center


Abstract:   This Article argues that a principal-agent problem plays a critical role in the current foreclosure crisis.  A traditional mortgage lender decides whether to foreclose or restructure a defaulted loan based on its evaluation of the comparative net present value of those options. Most residential mortgage loans, however, are securitized. Securitized mortgage loans are managed by third-party mortgage servicers as agents for mortgage-backed securities (“MBS”) investors.  Servicers’ compensation structures create a principal-agent conflict between them and MBS investors. Servicers have no stake in the performance of mortgage loans, so they do not share investors’ interest in maximizing the net present value of the loan. Instead, servicers’ decision of whether to foreclose or modify a loan is based on their own cost and income structure, which is skewed toward foreclosure. The costs of this principal-agent conflict are thus externalized directly on homeowners and indirectly on communities and the housing market as a whole.  This Article reviews the economics and regulation of servicing and lays out the principal-agent problem. It explains why the Home Affordable Modification Program (“HAMP”) has been unable to adequately address servicer incentive problems and suggests possible solutions, drawing on devices used in other securitization servicing markets. Correcting the principal-agent problem in mortgage servicing is critical for mitigating the negative social externalities from uneconomic foreclosures and ensuring greater protection for investors and homeowners. 


Posted by david on Thursday, February 03 @ 17:16:17 MST (7460 reads)
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 Fraud in Foreclosures ??

Buyer Beware

Foreclosures Stop ~ For Now

At approximately 11:10 AM, EDT, today Fox new reconfirmed its prior news release of Friday last past that some major banks including JP Morgan Chase, BOA, Ally (the former residential finance arm of GMAC) and Wells Fargo have suspended all existing foreclose actions in 23 states because of irregular and possible improper and illegal paperwork mistakes in prior foreclosures already concluded. The DOJ is conducting a probe in regards of these actions to determine if those and other banks may have committed fraud. Alleged improper robo-signing is only one of the allegations made to date. More of these concerns and allegations may be found at

 For the New York Times Article

and an announcement made by Reuters in WASHINGTON | Wed Oct 6, 2010 7:15pm EDT. Some of you may recall we first called this to your attention via email dated last Friday, October 1, 2010. We have made every attempt to verify what we then suggested. Obviously these concerns may further deepen the real estate crisis and have adverse affects on related industries, including the title industry. One of those concerns would be what affect would such a turn of events have upon the current title insurance industry claims situation, particularly in the event that some appellate courts were to determine that a previously insured title is faulty as a result of the recent disclosure and practices and, previously insured titles coming through the foreclosure process were thereafter unwound?

For the Full Article


Posted by david on Tuesday, October 19 @ 04:11:30 MST (7560 reads)
(Read More... | Score: 5)


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 New York court provides broad interpretation of ''default cure'' in structured f

Buyer Beware

MORTGAGES; STRUCTURED FINANCE; MEZZANINE LOANS; New York court provides broad interpretation of "default cure" in structured finance intercreditor agreement. Mezzanine lender takes loss. 

Bank of America v. PSN, Index No. 651293/10, (N.Y. Sup. Ct. 9/15/10)

 New York State Supreme Court Justice Lowe (a trial judge in the New York system) ruled that investors who had acquired a piece of a a mezzanine lender could not foreclose on its mezzanine lien and take Stuyvesant Town/Peter Cooper Village (Stuyvesant Town) from its current owner and a foreclosing mortgage lender without paying the accelerated senior loan on the property of $3+ billion. The ruling, if upheld and followed, will add considerably to the power of senior commercial real estate (CRE) mortgage lenders versus subordinate "mezzanine" lenders where assets have decreased massively in value.

 When the deal was formed in 2007, a consortium of investors bought Stuyvesant Town, a, 11,200-unit Manhattan residential development, for $5.4 billion. This "top of the market" price was the highest price ever paid for contiguous U.S. realty. Buyers financed the purchase with a $3 billion securitized first-mortgage loan and a $1.4 billion mezzanine loan secured by the ownership interest in the owner. The project is now said to be worth less than $2 billion. The owner defaulted on the senior mortgage and mortgagee accelerated the loan later that month.


Posted by david on Wednesday, September 22 @ 04:54:53 MST (8211 reads)
(Read More... | 5124 bytes more | Score: 0)


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 MORTGAGES; ASSIGNMENTS OF RENTS; FORECLOSURE PURCHASERS

Buyer Beware

MORTGAGES; ASSIGNMENTS OF RENTS; FORECLOSURE PURCHASERS: Purchaser of property at a foreclosure sale must disgorge to prior mortgagee rental income generated by the property, even though there is no privity of contract between the purchaser and such prior lender

Higdon v. Regions Bank, ___ S.W.3d ___ , 2010 Westlaw 1924019 (Tenn. Ct. App. 5/13/10).  (Another aspect of this case was the subject of yesterday's DD) 

Stinnetts refinanced an existing deed of trust loan on their Property with a loan obtained from ORNL.   On September 9, 1999, Weather Tamer advanced additional money to the Stinnetts, secured by a deed of trust that subsequently was assigned to KeyBank USA, N.A. Finally, on September 20, 1999, the Stinnetts obtained another loan from ENM, Inc. Such loan was secured by a third deed of trust which was subsequently assigned to Regions Bank ("Regions").

While the Regions deed of trust was executed after the KeyBank deed of trust, Regions recorded its deed of trust prior to KeyBank, thereby making the Regions lien prior to the KeyBank lien.

The Regions deed of trust included a mortgage acceleration clause that could be executed upon the borrower's breach of the terms of the applicable loan agreement. It also contained standard assignment of rents language providing that "Borrower . . . assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration [of the deed of trust] . . . or abandonment of the Property, have the right to collect and retain such rents as they become due and payable."


Patrick A. Randolph

Elmer F. Pierson Professorship and Professor of Law; B.A. (Yale University); J.D. (University of California, Berkeley)



Posted by david on Monday, September 13 @ 05:48:30 MST (8931 reads)
(Read More... | 5533 bytes more | Score: 0)


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 MORTGAGES; FORECLOSURE; FUTURE ADVANCES; PROTECTION OF SECURITY

Buyer Beware

MORTGAGES; FORECLOSURE; FUTURE ADVANCES; PROTECTION OF SECURITY: A lender who forecloses on a deed of trust is secured not only as to the amount of debt secured by its original deed of trust, but also for amounts advanced by such lender to pay off debts secured by a prior deed of trust, notwithstanding the existence of a recording tax requirement..

Higdon v. Regions Bank, ___ S.W.3d ___ (Tenn. Ct. App. 2010).  (Another aspect of this case will be the subject of tomorrow's DD) 

Stinnetts financed their purchase of the Property it through a secured loan from Bank, which recorded a deed of trust against the Property. In April 1998, the Stinnetts refinanced the Property with a loan obtained from ORNL, and the Bank deed of trust was released. On September 9, 1999, Weather Tamer advanced additional money to the Stinnetts, secured by a deed of trust which was subsequently assigned to KeyBank USA, N.A. Finally, on September 20, 1999, the Stinnetts obtained another loan from ENM, Inc. Such loan was secured by a third deed of trust which was subsequently assigned to Regions Bank ("Regions").


Patrick A. Randolph

Elmer F. Pierson Professorship and Professor of Law; B.A. (Yale University); J.D. (University of California, Berkeley)


While the Regions deed of trust was executed after the KeyBank deed of trust, Regions recorded its deed of trust prior to KeyBank, thereby making the Regions lien prior to the KeyBank lien.


Posted by david on Monday, September 13 @ 03:22:16 MST (7464 reads)
(Read More... | 7020 bytes more | Score: 0)


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 The Home Affordable Modification Program

Buyer BewareAnonymous writes "The Home Affordable Modification Program's Tiral Period Plan - or trial modification - is/was a temporary "agreement" that gave the borrower an opportunity to temporarily -- three months- to reduce his/her monthly payment while the loan servicer determined whether the borrower qualified for a permanent loan modification. During the trial period, the servicer would not consummate a foreclosure sale of the property unless it determined the borrower did not qualify for a permanent loan modification. There was no assurance the borrower, who qualified for a trial plan based on stated/reported income, would qualify for a permanent loan modification. If anything, the trial period merely (a) gives the borrower a three month reprieve, or (b) gives the servicer an additional three months to determine whether the borrower qualified for a loan modification. "

Posted by david on Wednesday, August 25 @ 15:57:53 MST (8005 reads)
(Read More... | Score: 0)


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     Commercial
Virginia Beach, Norfolk, Chesapeake, Virginia Real Estate Broker: Rentals ~ Sales, Commercial, Residential ~ Competition Realty LLC

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     Residential
Virginia Beach, Norfolk, Chesapeake, Virginia Real Estate Broker: Rentals ~ Sales, Commercial, Residential ~ Competition Realty LLC

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     CO-OP Brokers' Forms
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     Big Story of Today
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     Old Articles
Wednesday, August 25
· Home Warranty Companies' Payments to Real Estate Brokers and Agents
Thursday, February 11
· DEEDS; REFORMATION: A Case of Ultimate Chutzpah


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