Government-backed liar loans

[FRED]

Re: Government-backed liar loans

Sorry my vote goes with the camp that says the banks are not doing this out of the goodness of their hearts; their looking for the quick cash in the processing fees.

But the real enemy appears to be Freddie and Fannie. No one in this thread has brought up the issue of converting mortgages from non-recourse into recourse loans. Unfortunately I have lost my link to an anti-establishment mortgage broker's website, where he describes the new structure of the "loans to save the homeowner" and he was screaming stay away because they often required you to sign the mortgage as a recourse loan (no walking away). In fact he suggested there was a possibility that the loan could follow you even after personal bankruptcy.

This site also makes the same point - http://www.nakedcapitalism.com/2009/...e-125-ltv.html

"First, in most states, a purchase money mortgage is non-recourse, but a refi is. So some borrowers will put themselves in worse shape it they take up this offer.'

Is this the return of indentured servitude?

We have had many threads here warning readers about this since Oct. 2008. For example:

Appalling discovery about US housing policy, Oct. 2008

Big Banks Pull off The Ultimate Bait & Switch, March 2009

[bill]

Re: Government-backed liar loans

Sorry my vote goes with the camp that says the banks are not doing this out of the goodness of their hearts; their looking for the quick cash in the processing fees.

But the real enemy appears to be Freddie and Fannie. No one in this thread has brought up the issue of converting mortgages from non-recourse into recourse loans. Unfortunately I have lost my link to an anti-establishment mortgage broker's website, where he describes the new structure of the "loans to save the homeowner" and he was screaming stay away because they often required you to sign the mortgage as a recourse loan (no walking away). In fact he suggested there was a possibility that the loan could follow you even after personal bankruptcy.

This site also makes the same point - http://www.nakedcapitalism.com/2009/...e-125-ltv.html

"First, in most states, a purchase money mortgage is non-recourse, but a refi is. So some borrowers will put themselves in worse shape it they take up this offer.'

Is this the return of indentured servitude?

http://www.itulip.com/forums/showthr...50050#poststop

[John_42]

Re: Government-backed liar loans

Sorry my vote goes with the camp that says the banks are not doing this out of the goodness of their hearts; their looking for the quick cash in the processing fees.

But the real enemy appears to be Freddie and Fannie. No one in this thread has brought up the issue of converting mortgages from non-recourse into recourse loans. Unfortunately I have lost my link to an anti-establishment mortgage broker's website, where he describes the new structure of the "loans to save the homeowner" and he was screaming stay away because they often required you to sign the mortgage as a recourse loan (no walking away). In fact he suggested there was a possibility that the loan could follow you even after personal bankruptcy.

This site also makes the same point - http://www.nakedcapitalism.com/2009/...e-125-ltv.html

"First, in most states, a purchase money mortgage is non-recourse, but a refi is. So some borrowers will put themselves in worse shape it they take up this offer.'

Is this the return of indentured servitude?

[mickeyc21]

Re: Government-backed liar loans

That is truly amazing.

[c1ue]

Re: Government-backed liar loans

Perhaps you could provide some evidence to what you are saying.

Please refer to Japan - 1992 to present.

Contrast with Sweden.

[flintlock]

Re: Government-backed liar loans

Perhaps you could provide some evidence to what you are saying.

Cindy

[MEDIA][/MEDIA]

[ljaycox]

Re: Government-backed liar loans

Perhaps you could provide some evidence to what you are saying.

Cindy

I don't have time right now--I am doing what I do for a living.
But I will make one suggestion:
Go over to "Calculated Risk" and look for the link to "Tanta In Memorium"
During this crap weather (if it is crappy where you are), it would be a good excerise for you to, get something warm to drink, read the Mortgage Lending for Unbernerds" posts that are preserved there.
Then read her posts in the archives as time went on.
She was a minor genius in the topic and our language.
She was my teacher in much of this topic--her passing was a terrible loss.
This "program" was forseen at least two and probably three years ago by several commenters at CR and elswhere.
The lenders have been stuffing Fan and Fraud with toxic crap like a Xmas goose. Some of it is now being put back to them--but if they can re-originate the mortgage in conformance with these "new standards" it will go to the GSE's who happen to have a seat at the "no loss limit" table--with us picking up the losses.

[metalman]

Re: Government-backed liar loans

How naive!

Cindy

inflate wages, deflate goods, deflate housing more... cut housing expense... boost economy. that's how most countries do it. the usa has the highest personal spend on housing of any nation... except germany.

[cindykimlisa]

Re: Government-backed liar loans

This program is about helping the BANK convert a mortgage that was originated under circumstances that kept it out of the federally backed mortgage pool (much of the securitzed shit was non-conforming) and passing it through the magic shit converter and turning it into an obligation of the US government (that would be you in this instance Miss Taxpayer.)
After the refi, when the loan inevitably defauts--you will have the distinct pleasure of making the bank whole out of your earnings--enjoy this "help for "homemoaners"".

Perhaps you could provide some evidence to what you are saying.

Cindy

[cindykimlisa]

Re: Government-backed liar loans

see this?



nope... the sooner home prices (loan collateral) are allowed to fall, the sooner mortgages default & are refied to lower home (loan collateral) prices, the sooner homeowners will have $$$ to spend on goods & services, the sooner the economy will recover.

How naive!

Cindy

[cindykimlisa]

Re: Government-backed liar loans

you guys are knocking yourselves out trying to justify the practice of selling a loan without income verification or credit checks. this practice got the banks into trouble. who cares who the letter was sent to? why offer 'no income, employment or asset verification' to anyone?

bad, bad bad. period.

this letter is a wtf, pure & simple.

Thank you metalman for your very much to the point comment. Of course it is only your point as usual and in this case an uninformed point.

Cindy

[metalman]

Re: Government-backed liar loans

Sorry MM, but it's neither pure nor simple.

This is about refinancing, not new loans. It doesn't contribute to growing a bubble, it tries to gently deflate a bubble without it exploding. These people already have the house and the loan. If they have an ARM about to reset, they had 2 choices, give up eating and hope they can make the higher payment, or default. Now they have a 3rd choice, a lower payment that might keep them in their home. It will also give some families more disposal income which will help create some much needed demand in the economy.

see this?

Just as I don't believe we should try to end deficits tomorrow, we can't simply let the housing bubble collapse.

nope... the sooner home prices (loan collateral) are allowed to fall, the sooner mortgages default & are refied to lower home (loan collateral) prices, the sooner homeowners will have $$$ to spend on goods & services, the sooner the economy will recover.

[ljaycox]

Re: Government-backed liar loans

Sorry Milton, You're doing the same things as Fred in your opening paragraph when you say " looks to be boilerplate." You are making some big assumptions that may not be true. What is boilerplate? Also, Have you heard on itullip and elsewhere that Banks are not making loans because they have severly tightened up their underwriting so that is just the opposite of what you are assuming - Believe me and many others - banks are a lot more diligent now, You missed the point.

Your third paragraph is full of your own presuppositions which are in fact incorrect as they do not relate to everyone. Not everyone as you have spelled out is a credit risk.

A real estate tax assessment doe not provide employment data. But a credit report may or a call to the employmment office will.

I think your post is the best example of why someone from itulip needs to call these folks and find out the real deal and report it here. If you take a step back and read your post you will see how many negative assumptions you have made - assuming (ideally - your ideal) that this is about something negative the bankers are doing. You are buying in to Fred's herd mentality. I am not. I made a call for myself and found a few things different than what I may have assumed to be true by reading only this post and making assumptions. I suggest you do the same.

This plan might actually do some good for some borrowers.


Cindy

This program is about helping the BANK convert a mortgage that was originated under circumstances that kept it out of the federally backed mortgage pool (much of the securitzed shit was non-conforming) and passing it through the magic shit converter and turning it into an obligation of the US government (that would be you in this instance Miss Taxpayer.)
After the refi, when the loan inevitably defauts--you will have the distinct pleasure of making the bank whole out of your earnings--enjoy this "help for "homemoaners"".

[bill]

Re: Government-backed liar loans

Government-backed liar loans

At least one good thing came out of the housing fiasco. We’ll never have to clean up after another mess made by mortgage brokers selling liar loans to borrowers who can’t afford to repay.

No more exploitation of the dreams of new entrants to the middle class, built on the fantasy that they can afford a home that sports a price that has been inflated by decades of government loan subsidies.

No more Fed buying blown up asset-backed securities that backed bogus sub-prime mortgages to rescue banks that should be allowed to fail.

That’s all behind us. We learned our lesson! The government will prohibit these kinds of loans, prosecute violators, and never allow this mistake to happen, again.

Wait. What?

Under new The Making Homes Affordable Again to People Who Can’t Afford Them program the government is now not only allowing liar loans, it’s backing them with your tax dollars.

Pile on debt and legally collect.

http://money.cnn.com/2010/02/03/real...ment/index.htm

By Les Christie, staff writerFebruary 3, 2010: 3:21 PM ET




NEW YORK (CNNMoney.com) -- As terrible as it is to lose your house to foreclosure, at least it's a relief to put your biggest financial headache behind you, right?
Wrong.
Former homeowners may still be on the hook if there's a difference between what they owed on their mortgage and what the bank could sell it for at auction. And these "deficiency judgments" are ticking time bombs that can explode years after borrowers lose their homes.
It can even happen to people who got their bank to approve them selling their home for less than it is worth.
Vanessa Corey, for example, short sold her Fredericksburg, Va., home in April 2008. She and her husband built the house in 2004, but setbacks, both personal (divorce) and professional (housing bust), made it impossible for the real estate agent to keep her home. So she negotiated the short sale and thought that was the end of it.
"My understanding was that the deficiency was negotiated away," she said. "Then, last November, I got a letter from a lawyer telling me I owed my lender $65,000. I had to declare bankruptcy. There was no way I could pay it."
Where the foreclosure plague is spreading
Many homeowners are now in the same boat. And not just those who took out bigger loans than they could afford or who did so called "liar loans" where they didn't have to verify their income.
Because of falling home prices, borrowers who always paid their mortgage but who have run into unforeseen circumstances -- like unemployment or a job transfer -- can no longer sell their homes for what they owe. As a result, they are being forced to short sell or foreclose and are getting caught up in deficiency judgments.
"After the banks foreclose, it's very common now to have large deficiencies with houses not worth the balances owed," said Don Lampe, a North Carolina real estate attorney.
Lenders mostly declined comment. Although Corey's lender, BB&T did indicate it was pursuing more deficiency judgments.
"They follow the rise and fall of foreclosures," said the spokeswoman, who would not discuss Corey's account.
Can they come after you?
Whether banks can and will pursue deficiency judgments depends on many factors, including what state the borrower lives in and whether there's a second mortgage or other liens. But if borrowers ignore the possibility of deficiencies, it could haunt them.
"Once they have a judgment, they can pursue you anywhere," said Richard Zaretsky, a board-certified real estate attorney in West Palm Beach, Fla. "They can ask for financial records, have your wages garnished and, if you fail to respond, a judge can put you in jail."
In the case of foreclosure, lenders can pursue deficiencies in more than 30 states, including Florida, New York and Texas, according to the U.S. Foreclosure Network, an organization of mortgage law firms.
Some states, such as California, are "non-recourse" and don't allow deficiency judgments. But, even there, if the original loan was refinanced, some or all of it may be subject to claims.
Check the foreclosure rate in your state
Deficiency judgments on short sales and deeds-in-lieu can happen in many more places. In these cases, extinguishing the debt is often a matter of negotiating with the bank.
But even when lenders are willing, many borrowers may not be aware that they have to ask for release. So, if you are pursuing a short sale, be sure your attorney asks the bank to release you from any further obligation.
"People shouldn't have a false sense of security that a deficiency judgment may not be later sought," Zaretsky said.
He expects many will be filed over the next few years, based on the fact that banks have sold many of these accounts to collection agencies and other third parties, at discount.
"The parties who bought those notes wouldn't have paid money for them unless they had the intention of acting," Zaretsky said.
Ticking time bomb
What can be scary is that the judgments don't have to be obtained immediately. Lenders or collection agencies may wait until debtors have recovered financially before they swoop in. In Florida, the bank can wait up to five years to file. Once the court grants a judgment, the lender has 20 years there to collect, with interest.
It doesn't have to be a large amount of debt for a lender or collection agency to come after borrowers. Richard Varno and his wife short sold their Nashville home back in 2004 after he lost his job.
It wasn't until 2008, when the second lien holder asked him for $25,000, that he realized he still was liable.
"I told them, 'Hey, you guys released the title,'" he said. "As far as I know, I'm off the hook."
He wasn't. Releasing title does not necessarily end the debt. It's complicated because of variations in state law, but, generally, a mortgage has two parts: a pledge of collateral, represented by the home, and a promise to pay off the loan.
Lenders may release property liens in order to facilitate short sales without releasing borrowers from their obligations to pay under the promissory notes. The secured debt can convert to an unsecured one after the sale.
Zaretsky had one client who was so relieved to have arranged a short sale that he signed every paper his real estate agent shoved at him, even a confession that clearly stated he still owed the debt.
"He had no idea what he was doing," said Zaretsky. "All the lender had to do was go to court to convert the confession into a deficiency judgment."
Lenders are also very inconsistent. One of Zaretsky's short-sale clients was ready, willing and able to pay, but the bank did not even ask; another lender always reserves the right to pursue the deficiency.
Strategic defaults
Sometimes lenders go after borrowers walking away from their homes if they have other assets, according to Florida real estate attorney Larry Tolchinsky.
"Banks are pulling credit reports to see if it's a strategic default," he said. "If you're behind on all your other payments, you're okay. But if you're not, they'll come after you."
If borrowers have any doubts about their risks, they should seek legal advice. Or, at least, call non-profit organizations such as NeighborWorks for advice. According to Doug Robinson, a NeighborWorks spokesman, its counselors always try to negotiate away deficiencies when they facilitate short sales or deeds-in-lieu.
"We don't favor any short-sale contracts that leave any deficiency that can be pursued," he said.
Robinson himself knows what can happen. He paid off a deficiency after his own New Jersey house went through foreclosure 11 years ago.

[Slimprofits]

Re: Government-backed liar loans

On the other hand Cindy, you're making positive assumptions on behalf of 5th 3rd that they've PROBABLY done a credit and employment verification already. It doesn't say that anywhere here or on their website.

In the fine print of the letter it is stated: This is not a pre-approval or a commitment to lend. Subject to credit review and approval.

I am not missing the point at all. Read the letter carefully - it says they have already done an "initial review" - This is to an existing customer - what did they review before they sent this to their customer?

It seems obvious that in fact nothing was reviewed accept for the addressee's status as a customer of the bank.