HUD Looks to the Courts for Guidance on Eminent Domain

On February 13, National Mortgage News published an article titled HUD Looks to the Courts for Guidance on Eminent Domain.

HUD Looks to the Courts for Guidance on Eminent Domain

Department of Housing and Urban Development Secretary Shaun Donovan kept his carefully neutral stance this week on the potential use of eminent domain to restructure underwater mortgages.

Mortgage and housing industry groups have asked HUD to rule that Federal Housing Administration-insured loans will not be used to refinance mortgages on properties that are condemned and seized by local government under eminent domain.

But Donovan said that the use of eminent domain to force the sale of private-label mortgages out of securitized trusts must be decided by the courts.

There are very specific rules about the use of eminent domain, Donovan said at a Politico event Wednesday, and “it needs to be decided by the courts.”

The courts will have to decide “if it is legal” and whether the local municipalities are “paying a fair price for these mortgages. I think those are high bars. And they should be high bars,” Donovan said.

That response was disappointing for the American Land Title Association.

“Secretary Donovan’s remarks do not provide homeowners, mortgage lenders and municipalities the guidance they are looking for regarding the use of eminent domain to seize underwater mortgages,” said Michelle Korsmo, the group’s chief executive. “Waiting for these eminent domain proposals to be resolved in the court system will likely take years and cost these interested parties significant dollars.”

In August, then acting Federal Housing Finance Agency Director Edward DeMarco warned that he would direct Fannie Mae and Freddie Mac to stop purchasing mortgages in jurisdictions that use eminent domain to restructure mortgages.

New FHFA Director Mel Watt may be reviewing that issue along with others as settles into the post.

Meanwhile, HUD is taking the position that the use of FHA to refinance seized mortgages can only be decided when the agency receives a loan application.

HUD staked out that view in an Aug. 12 letter to three California congressmen when Richmond, Calif., was facing private lawsuits to stop it from condemning and refinancing underwater private-label loans.

“Pending legal developments and possible further execution of the plans in question, HUD does not know whether any new mortgage which might be created would qualify for insurance by the Federal Housing Administration,” the letter says.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders, and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

Higher Than Expected Vacancy Rates in First REO to Rental Deal

On February 19, Yahoo! Finance published an article titled Vacancy Rates Higher Than Expected in First REO to Rental Deal.

Vacancy rates higher than expected in first REO to rental deal

NEW YORK, Feb 19 (IFR) – The stabilized vacancy rates for the single-family home rental properties backing the first-ever REO-to-rental securitization from Blackstone’s Invitation Homes unit were higher than that predicted by the issuer.

In a deal “performance update”, Morningstar Credit Ratings said the expected stabilized vacancy rate for properties underlying the deal were 8.0% or in line with its expectations but exceeded the issuer’s underwritten vacancy rate of 6.0%.

Morningstar along with Moody’s and Kroll gave Triple A ratings to the ground-breaking transaction.

The vacancy numbers were still well within the “stressed” parameters of Morningstar’s initial assessment, meaning the deal is performing as expected. Moreover, performance is predicted to improve this year as fewer rental leases expire.

And despite an early drop-off in collected rents, payments were made in full to bondholders in December 2013 and January 2014, the rating agency said.

The findings are based on the initial performance data from the first few months of the transaction’s life.

“Given the limited historical performance data for the single-family rental asset class as a whole, Morningstar recognizes the importance of sharing detailed portfolio and property-level performance information with the market,” wrote a team of ratings analysts led by Becky Cao.

“Morningstar will compare its initial underwriting assumptions with the actual portfolio performance in order to assess if the performance is consistent with its assumptions at issuance.”

There has already been a reduction in rental cashflows received since collections started last October, mostly due to lease expirations on the underlying rented-out homes. In total, the percentage of vacant and delinquent properties was 8.3% as of January 2014 by property count. The gross rent collected in January was 7.6% lower than the gross rent collected as of the cut-off date last October.

“This reduction in rent is primarily due to vacant properties and is consistent with Morningstar’s expected stabilized vacancy rate of 8.0%, but exceeds the issuer’s underwritten vacancy rate of 6.0%,” the analysts wrote.

Of the leases that expired in December, 78.5% renewed. This exceeds Morningstar’s expected renewal rate of 66.7%.

“As the number of lease expirations decline throughout 2014, and the vacant properties are filled, we expect the vacancy rate to stabilize and to potentially decline,” the analysts wrote.

Blackstone’s Invitation Homes 2013-SFR1 transaction, for US$479m, was the most hotly anticipated deal of 2013. Though industry observers were surprised that it was rated Triple A, the deal was a success when it priced in November, attracting scores of investors desperate for access to any aspect of US residential mortgage credit after a five-year drought.

The transaction has had mixed performance since then, teetering around par but occasionally going below it.

The trade was backed by rental income from only 3,207 out of more than 40,000 foreclosed US properties that the private equity firm snapped up over the past two years.

Competitors such as American Homes 4 Rent and Colony Capital have similar transactions in the works, with some market players predicting the deals will surface by the end of the first quarter.

Please click here to view the article in its entirety.

 

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders, and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

Henry Paulson Worries Lack of GSE Reform Could Mean Another Crisis

On February 5, Mortgage Daily published an article titled Henry Paulson Worries About Another Crisis.

Henry Paulson Worries About Another Crisis

Lack of GSE reform at heart of concerns

Henry M. Paulson Jr., the financial firefighter stationed at the epicenter of the biggest financial crisis since the Great Depression, worries that the nation is headed for another crisis because political leaders failed to learn critical lessons from the last one in 2008.

In an exclusive interview with The Washington Times, Mr. Paulson, former President George W. Bush’s last secretary of the Treasury, said the most serious lapse may be Congress’ failure to reform mortgage giants Fannie Mae and Freddie Mac in a way that would revive the private market for mortgages, which has all but disappeared since the crisis.

He insisted that vigorous, bipartisan action is needed to ensure that housing never again turns from the American dream into an American nightmare for middle-class homeowners.

“We don’t want to have to replay this movie. We need to learn from our mistakes and clean up our messes,” he said, emphasizing that worries about Washington’s failure to reform Fannie and Freddie are what prompted him to make a documentary being released in theaters this week that chronicles his central role in the government response to the monumental financial collapse.

He points out that the mortgage giants owned or guaranteed about half of the nation’s mortgages before the crisis but have dramatically increased their dominance ever since. Along with the Federal Housing Administration, they guarantee nearly every new mortgage in the U.S., which enables the government to essentially dictate the price and terms of home financing and suffocate any hope that the market will return to normal, he said.

“That’s ultimately a recipe for disaster,” he said, adding that reforming the mortgage guarantors — which remain in a government custodianship that he engineered in September 2008 — will be much harder now that they are profitable again and their profits are being transferred to the Treasury each quarter to help pay down bloated U.S. budget deficits.

Mr. Paulson is also concerned that the nation’s biggest Wall Street firms and megabanks remain “too big to fail” and could cause another financial disaster, although he said Congress and regulators have made progress reining them in with measures enacted in the Dodd-Frank banking reform law.

‘Mr. Bailout’
A figure reviled in some circles, Mr. Paulson acknowledges his own role in making those banks bigger by arranging during the height of the financial crisis the merger of such giants as JPMorgan and Bear Stearns, Bank of America and Merrill Lynch, all in a desperate effort to prevent the kind of nosedive into financial chaos that ultimately happened anyway with the spectacular failure and bankruptcy of Lehman Brothers in September 2008.

He jokingly suggests that he may be best remembered as “Mr. Bailout” for having engineered taxpayer-funded rescues for a long list of American financial and corporate behemoths in the 10 months before President Bush left office in January 2009, including Fannie and Freddie, General Motors, BofA, American International Group and Citibank. But he defends the moves as “absolutely necessary” and credits them with preventing an even bigger economic catastrophe that could have driven U.S. unemployment to 25 percent instead of the 10 percent level where it topped out in 2009.

Like the Americans who were traumatized by the crisis and ensuing deep recession, which threw more than 8 million people out of work and millions out of their homes, Mr. Paulson keeps returning to the subject and mulling over what happened, seeking to find those kernels of truth that reveal the meaning.

His latest effort, the documentary collaboration between Bloomberg BusinessWeek Films and award-winning director Joe Berlinger, recounts the dramatic and fast-paced events as the debacle deepened and Mr. Paulson led the effort to soften and prevent the nation’s head-spinning downward economic spiral.

As Hank: Five Years From the Brink vividly recalls, Mr. Paulson repeatedly confronted and coerced the nation’s top bank chieftains as one after another of the megabanks was engulfed by the financial superstorm that ultimately erased more than half the value of the U.S. stock market and completely wiped out large parts of the U.S. bond market.

He fears that many of those banks, which have grown even larger since the crisis, with the top five owning nearly half of all U.S. banking assets, remain “too big to fail,” threatening to drag the nation and taxpayers into future bailouts if their failures threaten to bring down the financial system.

Regulators are moving in the right direction following Dodd-Frank mandates requiring the banks to have big capital cushions, ample liquidity and other safeguards, he said. “The biggest banks are better managed and much better regulated now,” but he still worries that the nation has not gone far enough to defuse a crisis.

“It’s obviously unacceptable for any bank to be too big to fail,” he said. Regulators still need to reform the shadowy “repo” market where big banks get much of their funding, and ensure in laying out procedures for liquidating large banks in the future that the banks are not allowed to continue operating in the same form that led them to the brink of collapse.

‘Horror Show’
Still, while the banking leviathans continue to pose risk to the system, he said, it is the question of Fannie and Freddie that most concerns him. Political leaders and the public have not focused as much on their critical role in the housing debacle, perhaps because he stepped in and took control over the goliaths before a crisis occurred, in what he views as his single biggest move to stem the crisis.

“We took action before they started to unravel, before there was a failed auction. The public never saw that horror show,” he said. “People never focused on what their failure or near-failure would have done,” he said, suggesting the ensuing crisis would have been much bigger than the financial collapse in the wake of the Lehman bankruptcy. “They were collectively nine times bigger than Lehman Brothers” and the massive damage to the housing and mortgage markets could have been many times worse.

“It perplexes me that nothing has been done” and both parties seem content to just allow the housing market to drift through yet another era of government dependence and dominance that potentially is creating even bigger market distortions, he said. “Every financial crisis has its roots in flawed government policies that lead to excesses in the markets that build up and build up, and then you get a bubble and it bursts.”

As with so much of Washington, gridlock and powerful vested interests in the housing industry have frozen housing policy, he said.

Deep disagreements over the role Fannie and Freddie played in the crisis seems to prevent any compromise over their future role.

Conservative Republicans blame Fannie and Freddie for generating the crisis by encouraging lenders to make easy-money loans to increase homeownership among disadvantaged groups and borrowers.

Mr. Paulson called that view “oversimplification,” noting that unethical mortgage brokers and dealers on Wall Street who knowingly sold risky instruments to unwary borrowers and investors were as much at fault, while homeowners contributed to the crisis by getting too deeply into debt as they sought to finance unsustainable lifestyles and spending habits they adopted during the bubble years.

“I don’t like oversimplifications. The crisis we dealt with was a once-in-75-year crisis where excesses had been building for a long time.” Among the problems that contributed to the crisis was the “incredible complexity” of the subprime mortgage securities engineered by Wall Street, which ultimately blew up and triggered the downward spiral in financial markets.

The blame within the government rests not just with the fair-housing mandates given to Fannie and Freddie, but also with government policies in place since World War II that include generous tax deductions for homeowners and low down-payment lending programs for farmers and veterans, all of which have encouraged homeownership at almost any cost and heavily favor borrowing over saving, he said.

“It doesn’t make sense for everybody to own a home,” he said. “These policies encouraged Americans to put everything in their homes” and get over their heads in debt, yet they succeeded only in nudging up the homeownership rate from around 64 percent before the housing bubble to 69 percent when it peaked, he said.

Congress and the administration need to find a compromise that realistically addresses the role Fannie and Freddie played in the crisis and prevents them from making the same mistakes in the future, while paring back their role in the market to allow private lending to re-emerge, he said.

Bipartisan legislation drafted by Sen. Bob Corker, Tennessee Republican, and Sen. Mark R. Warner, Virginia Democrat, which preserves a residual role for the government providing a last-resort backstop in the mortgage market, would be a good starting point, he said.

“I have no doubt that if you do this properly, you’ll have a private market” for mortgages again, he said.

Please click here to view the online article.

 

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

Eminent Domain Threat Tops MBS Agenda

On January 16, National Mortgage News published an article titled Fear of Eminent Domain Threat Tops Agenda of MBS Executives.

Fear of Eminent Domain Threat Tops Agenda of MBS Executives

The Securities Industry and Financial Markets Association’s top mortgage priorities include eminent domain, risk retention and Fannie Mae/Freddie Mac reform, executive vice president Randy Snook told this publication.

Local proposals that involve using eminent proposals to remedy underwater mortgage concerns top the list because of their potential for market disruption, he said when asked about the group’s top real estate finance concerns after its recent State of the Industry meeting.

“It may ultimately discourage mortgage lending” as it threatens to reduce the value of mortgage securities after their purchase and hurt a key funding source for the real estate finance market, says Snook, who oversees business policies and practices for SIFMA.

Rising home prices and a reduction in underwater mortgages as well as other types of borrower relief obtained through modifications have reduced the need for the proposals, he said, when asked if the housing recovery has lessened the concern.

Advocates like the American Civil Liberties Union continue to try to push eminent domain proposals forward despite fierce opposition, and both sides have filed lawsuits to back their positions.

Risk retention also is a top mortgage priority for the Securities Industry and Financial Markets due to the rule’s re-proposal and a lingering technical concern for commercial securitizations, Snook says.

The threat of premium capture is gone but it has been replaced by other concerns that are a threat to a securitized mortgage market that has done particularly well when it comes to showing resilience in the wake of the downturn, he says.

SIFMA “at this point” is pleased that the proposed qualified residential mortgage rule designed to mitigate risk retention requirements for securitization sellers has been consistent with the recently launched qualified mortgage rule relieving lenders from ability-to-repay requirements.

Fannie Mae and Freddie Mac reform also is a concern for SIFMA members, particularly the need for the 30-year to be announced (TBA) mortgage-backed securities market to survive it. Borrowers could lose the ability to lock loans without the TBA market, he notes.

Legislative government-sponsored enterprise reform may be a long-term prospect but it is getting “significant attention from congress” and is a focus for members, Snook says. Eminent domain is a concern in this context as it could block private capital from filling in if the GSEs scale back, he says.

Even with the housing market exhibiting signs of recovery, threats like eminent domain and principal reduction persist because they are moves that policy-making elected government officials perceive as politically valuable, says Rick Sharga, executive vice president of Auction.com.

“You can’t make a compelling argument you need” distressed loan relief as much, but the political capital such moves hold could still move them forward this year, he said when asked about this.

This probably is the last year that nonperforming loans will boom, Sharga told editors of this publication last week in an interview.

Broader issues of interest to the mortgage market that the securities industry group has been focused on include review of recent market-disrupting or potentially market-disrupting concerns with an eye toward preparing the market better for such circumstances in the future.

A review of Hurricane Sandy, for example, found “While there was communication [among market participants], there wasn’t a clear protocol,” said Kenneth Bentsen Jr., president/CEO of SIFMA, at the group’s recent meeting.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

CFPB Prepared Remarks at US Conference of Mayors

On January 22, the Consumer Financial Protection Bureau (CFPB) released Prepared Remarks of CFPB Director Richard Cordray at the U.S. Conference of Mayors.

Prepared Remarks of CFPB Director Richard Cordray at the U.S. Conference of Mayors

Thank you for inviting me to come speak with you once again. When I was here in 2012, the Consumer Financial Protection Bureau had just opened its doors. Today, I come to you after more than two years of concrete accomplishments. We have helped solve tens of thousands of individual consumer problems. We are returning over three billion dollars to consumers so far, and we have gone after those who try to take advantage of them. And we have put in place new rules that bring historic changes to make the multi-trillion dollar mortgage market work better for consumers and help see to it that the terrible collapse we went through just five years ago will never happen again.

Building a consumer financial marketplace that is more effective and more sustainable is the central priority of this new agency. We received this mandate from Congress in response to the dire situation that confronted Americans across the country after the housing collapse. Everyone who came to work at the new Consumer Bureau chose to take on this mandate with great passion and determination. We recognize that we can only be successful if we work in close partnership with federal, state, and local officials. That is why I am here today. Together, we must make the consumer financial markets work again – not just for Wall Street investors but for everyday Americans.

The financial crisis showed us how irresponsible lending can assault the foundations of stable communities, with the damage taking many years to repair. Bad products can upend whole neighborhoods as well as individual households. You can tell me better than I can tell you how in the years following the crisis, vacant properties became not only eyesores but also magnets for drugs and crime. Even many people who had carefully steered clear of trouble learned that trouble could find them anyway – costing them their jobs, sometimes their homes, and usually a considerable portion of their household wealth. Residents saw their property values decline and parents worried about their children’s safety. As often seems to happen, cities bore the brunt of the damage and most of the bottom-line costs of problems created by others.

We have spent the last five years digging out from under all of that. Some cities and some regions have fared better than others. As you know, the state of America’s cities varies greatly. Some are on the fast track to recovery with jobs being created, housing values on the rise, and confidence returning. Others are still feeling the sluggishness of shaking off a tough economy.

My colleagues and I at the Consumer Bureau appreciate the outstanding role that mayors play in the building of America. We applaud you on the many ways you do that, including your efforts through the DollarWise campaign. This campaign promotes financial education and supports summer youth employment through innovations and enhancements to existing programs.

Municipal officials across the nation make strenuous efforts to help their people. But we need to recognize that many consumer problems may transcend the boundaries of your local jurisdiction. There is only so much you can do when it comes to saving someone’s home or protecting people against financial predators. So that is where the Consumer Financial Protection Bureau comes in. One of our key tools for helping Americans across the country has been our Consumer Response function. Let me take a few minutes to describe this for you, because it is a tool that can benefit every one of you and all of your constituents.

Please click here to continue reading the prepared remarks.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

CEO Departs Firm Backing Use of Eminent Domain

On January 28, Inside Mortgage Finance published an article titled CEO Departs Firm Backing Use of Eminent Domain; Time for Wall Street to Declare Victory?

CEO Departs Firm Backing Use of Eminent Domain; Time for Wall Street to Declare Victory?

Graham Williams, CEO of Mortgage Resolution Partners, has left the San Francisco-based private equity firm, which has been backing the use of eminent domain to restructure underwater mortgages. At least one other other top executive may have left MRP as well, investment banking sources told IMFnews.

Investment banking and mortgage executives believe the departures could mean that the industry’s battle against the use of eminent domain is over and that the strategy is now kaput. At press time, MRP had not responded to media inquiries.

According to sources, Williams is now working as CEO of 10 Miles Capital Partners, which bills itself as a company that invests in “long term partnerships with top-tier management teams to build and grow great mortgage banks.” During his career, Williams has worked for such firms as Redwood Trust, GE Capital Mortgage and Bank of America.

MRP is chaired by Steven Gluckstern, who also serves as chairman of Ivivi Health Sciences, a medical technology firm. MRP has been lobbying for the use of eminent domain in several municipalities for roughly two years, but to date has been mostly unsuccessful.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

ABS Vegas Panel: Eminent Domain is ‘Stealing’

On January 22, Housingwire published an article titled ABS Vegas Panel: Eminent domain is ‘Stealing.’

ABS Vegas panel: Eminent domain is ‘stealing’
Richmond plan impacts pensions, not fat cats on Wall Street

The Richmond, Calif., city council is pursuing a plan to use the city’s power of eminent domain to force bondholders to sell underwater loans, allowing homeowners to restructure their mortgages. And it’s not surprising that investor groups continue to be fundamentally opposed to such actions and continued to speak out against the practice at the ABS Vegas conference currently underway in Las Vegas.

Mayor Gayle McLaughlin has led the charge toward a partnership with San Francisco investment firm Mortgage Resolution Partners to buy 624 city residents’ mortgages that are underwater, or that owe more money than the home is currently worth.

Other cities in areas still suffering through this housing recovery have considered it, as well. North Las Vegas, for example, rejected the notion.

Will eminent domain be an issue in other regions?

Scott Simon, a former partner with PIMCO, says despite the good-sounding intentions, this is theft, plain and simple, and it hurts the very middle class that it supposedly helps.

“MRP and Richmond are stealing,” Simon said. “It’s their 401ks and pension plans, firemen and teachers retirements, not some fatcat Wall Street investor that they’re going after. And it will hurt investment and lenders. Why would you lend money in a place where government can come in and take it?”

Joseph Buonanno, partner, Hunton & Williams, said he doesn’t think it’s a viable solution.

“It’s hard to achieve an eminent domain result that is appealing and could be done in a way that could make a difference,” he sad, shaking his head. “Impractical. Too many issues that need resolution for it to be successful to achieve enough of them to be worthwhile.”

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

York, PA Lawmaker Proposes HB 1833: Municipal Fight Blight Bill

On December 1, The York Dispatch published an article titled York Lawmaker Proposes Bill to Fight Blight.

Link to proposed HB 1833.  Following is the aforementioned article.

York lawmaker proposes bill to fight blight

Kevin Schreiber (submitted)Burned-out abandoned properties are the target of a new York County lawmaker’s second piece of proposed legislation.

State Rep. Kevin Schreiber, D-York City, the city’s former community and economic development director, recently introduced a bill to help municipalities address homes damaged by fire and never brought back up to code.

State law mandates that municipalities hold $2,000 for every $15,000 a homeowner gets from an insurance company after a fire. The money is put into escrow, and the municipality doesn’t give it to the homeowner until the home has been repaired or the home has been demolished and the site is clear.

So if an insurance company pays a homeowner $60,000 for damage from a fire, the municipality would keep $8,000 until the home was brought back up to code or demolished.

But Schreiber said the current law falls short of giving the municipality options if the homeowner takes the insurance money and leaves the home burned out and abandoned. Under such a scenario, the municipal money stays in escrow indefinitely and can’t be used by the municipality to cover its expenses in dealing with the blighted property, Schreiber said.

Fighting blight: Municipalities are the first responders for neighborhood complaints about burned-out homes that serve as havens of illegal activity and dumping grounds, Schreiber said, and they often must pay to board up, tear down, clean up trash or mitigate issues with the abandoned properties.

Cities such as York can send bills to property owners, but many of them never pay, he said.

Under his proposal, the escrow fund would increase to $4,000 for every $15,000 paid in insurance money, and the municipalities would be able to use the money – after one year – to reimburse themselves for any expenses incurred as a result of the abandoned home, Schreiber said.

So if an insurance company paid a homeowner $60,000 for damage from a fire but the homeowner abandoned the home, the municipality would have $16,000 to, for example, demolish the home.

York City Mayor Kim Bracey said that’s still short of the estimated $25,000 it costs to raze a row house, “but every little bit helps.”

The city doesn’t currently get any of the money, she said, so the bill would help the city address blight if it becomes law.

Fighting blight: Bracey said York City has paid to raze at least one burned-out home during her 3 1/2 years as mayor, but there are several other homes on a waiting list for available funding so the city can demolish them.

Abandoned homes detract from the city’s neighborhoods because they’re eyesores and health hazards, she said. They can become infested with rodents or insects or used for illegal activities. There’s also a risk of second fires breaking out at the burned-out homes because homeless people start fires in them to stay warm, and they’re targets for arsonists, she said.

Schreiber’s bill, House Bill 1833, the Municipal Fight Blight Bill, was referred to the House Insurance Committee.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

What’s in Store for Housing in 2014, Part 2

On December 27, DSNews published an article titled Commentary: What’s in Store for Housing in 2014, Part 2.

Link to Part 1

Commentary: What’s in Store for Housing in 2014, Part 2

For those of you looking for cautionary notes going into 2014, I offer two items: jobs and loans.

Despite recent gains, which some of us believe are more of a mirage than an oasis, the economy still isn’t creating enough good-paying full-time jobs to drive a full recovery in the housing market. This is particularly true among the millennials, who continue to live at home with mom and dad at near record levels.

Unemployment—and under-employment—among the 25- to 35-year-old cohort continue to be stubbornly high, which is having a chilling effect on the number of first-time homebuyers—the group that historically has fueled growth in the housing ecosystem. This has led to slower-than-forecast household formation, and increasingly, when new households are formed, they’re rental households.

Some erstwhile buyers have simply decided not to enter into a long-term financial obligation for the time being. Others either don’t have sufficient funds for a down payment or don’t qualify for today’s relatively strict lending requirements.

Those lending requirements—and a lending environment that I believe is going to get more challenging before it gets easier—are the other major headwinds that could slow down housing. While most forecasts are calling for a slight uptick in purchase loans in 2014, it’s easy to build a scenario that goes terribly wrong.
The Consumer Financial Protection Bureau’s new Qualified Mortgage (QM) and Ability-to-Repay rules will exclude somewhere between 10-20 percent of borrowers who would have qualified for a loan in 2013. Most of the large banks will issue loans that fall squarely within QM guidelines, simply to avoid as much risk as possible. The one exception is likely to be jumbo loans, offered to ultra-qualified, high-net-worth individuals.

Another complication is lower loan limits proposed by Fannie Mae, Freddie Mac, and the Federal Housing Administration (FHA). These lower limits will make it more difficult for borrowers in high-priced housing markets to get loans. Those who do qualify for loans will pay more—the Federal Housing Finance Agency (FHFA) recently announced hikes in the GSEs’ guarantee fees and a new, higher payment schedule for borrowers who fall within certain FICO and down payment measures. The FHA has also increased insurance premiums, particularly on its lowest down payment products.

Some believe that by raising costs and limiting loan amounts, the government will drive private capital back into the market, but that seems unlikely until regulatory and litigation risks have subsided, and until loans can be priced appropriately to risk. At some point in 2014, private capital will probably return, along with a more functional secondary market. Then non-bank lenders can come to market with loans available to less-than-perfectly-qualified borrowers, but at significantly higher interest rates.

Higher interest rates, which are inevitable, will begin to erode affordability levels, even with home prices still well off the peak numbers reached during the housing boom. The primary culprit isn’t high interest rates or rising home prices, but lower median incomes and wage stagnation over the past five years.

So which will it be: Full speed ahead, or trouble around the bend? If nothing else, 2014 promises to be a very interesting year.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.

What’s in Store for Housing in 2014, Part 1

On December 26, DSNews published an article titled Commentary: What’s in Store for Housing in 2014, Part 1.

Commentary: What’s in Store for Housing in 2014, Part 1

Many economists and market observers have suggested the market is poised for continued growth as the recovery enters its third year, and there are positive elements in play that provide some reasons for optimism.

Recent loan vintages continue to perform at levels better than historical norms—the default rates on loans from 2011-2013 are virtually non-existent. This has essentially shut off the pipeline of distressed assets, finally allowing the industry to work through the backlog of seriously delinquent loans and loans already in the foreclosure process.

States with non-judicial foreclosure processes have had remarkable success in clearing out the inventory of distressed properties, which is one of the factors driving the housing rebound in states like California and Arizona.

Not coincidentally, foreclosure activity has been declining as well, and this is likely to continue throughout 2014. Unprecedented levels of short sales have been one of the reasons for the decline in foreclosures—every short sale represents one less REO coming to market. And the billions of dollars of non-performing loan sales have connected distressed borrowers with special servicers, who have managed to modify tens of thousands of loans, preventing more foreclosures.

Investor activity at the low end of the market has had two significant effects: first, investors have gobbled up virtually all available REO homes, and begun to purchase rental properties via short sales and trustee sales.

Second, they’ve helped accelerate home price appreciation, particularly in many of the markets that were hardest hit during the downturn. This, in turn, has dramatically reduced the number of homeowners in a negative equity position, dropping the number of homes in the so-called “shadow inventory” to much more manageable levels.

As home prices have risen, more non-distressed properties have begun to enter the market, helping to ease the inventory shortage of existing homes, and dropping the extremely high percentage of distressed home sales to more reasonable levels than we’ve seen in the past seven or eight years.

Builders have noticed the drop-off in distressed property sales and limited inventory, and housing starts for single-family homes have risen dramatically in the last months of 2013.

So…home sales are up, prices are up, inventory is improving, foreclosures are dropping, and homebuilding is awakening from its long hibernation. What’s there to be bearish about?

For those of you looking for cautionary notes going into 2014, I offer two items: jobs and loans

Rick Sharga is EVP for Auction.com. Look for the second part of his 2014 commentary on Friday.

Please click here to view the online article.

About Safeguard 
Safeguard Properties is the largest mortgage field services company in the U.S. Founded in 1990 by Robert Klein and based in Valley View, Ohio, the company inspects and maintains defaulted and foreclosed properties for mortgage servicers, lenders,  and other financial institutions. Safeguard employs approximately 1,700 people, in addition to a network of thousands of contractors nationally. Website: www.safeguardproperties.com.