Government Intervention in Foreclosure

This is Part Four of a series of articles on foreclosures.
This article does not constitute legal advice.
Foreclosure laws vary from state to state.
Homeowners in financial distress should always hire legal counsel. Call your local state bar association for a referral.  Reduced or free legal aid may be available in some states. Ask for a referral from your state Bar Association or through a LOCAL HUD-Approved Housing Counseling Agency.

In this article we will address current government intervention as well as discuss possible future intervention programs. For other preventative measures, check out the other parts of this series:

Part one: Foreclosure; Losing the American Dream
Part two: Options for Homeowners Facing Foreclosure
Part three: Loan Modifications
Part four: Government Intervention in Foreclosure
Part five: Foreclosure; Letting Go and Rebuilding

Current government intervention in the foreclosure process has taken many forms. Some states such as California, Florida, New York, New Jersey, Massachusetts, Philadelphia, and Illinois have discussed, proposed, or passed legislation in favor of a foreclosure moratorium.  In order to avoid state mandates, some companies placed a temporary halt on foreclosures over the holidays. These companies include Indymac, Countrywide, WAMU, and loans held in the Fannie/Freddie portfolios.  Recall that during the real estate bubble run-up, government backed loans fell out of favor. Many subprime loans are held by lender/servicers in pools of mortgage backed securities. The foreclosure moratorium didn’t reach those homeowners.

State moratoriums give homeowners more time to possibly refinance into a Hope for Homeowners loan or complete a short sale and the moratorium also gives banks more time to get caught up on all the backlog of foreclosure paperwork

Financial Economics Analyst Edward Vincent Murphy, in his Sept 12, 2008 report “Economic Analysis of a Mortgage Foreclosure Moratorium,

Start 2009 by recognizing the unrecognized

Rhonda has a post over at her Blog regarding the low interest rate environment that prevails today.  Rates under 5% are hard to believe even for very seasoned agents, loan officers and those in the title and escrow profession.

The last three weeks have been remarkable and quite frankly Lynlee and I, and I presume many others in lending and title/escrow business, have had little time to breath under the refinance work that came in during December and the Holiday Season.  I’m not complaining about work but, only speaking for myself, it was an incredibly difficult (and continues) period because 2008 was the Christmas that really never was.   It is the downside of being in the escrow business.  Your time.

Lynlee and I worked numerous nights into the wee hours at the office.  On the 23rd, we worked until nearly midnight to get funding packages ready for overnight delivery to lenders after a full day work and scrambled for loan officers and agents to get borrowers signed from Tacoma to Bellevue to Everett.  Oh, did I mention the snow?  It wreaked havoc on FedEx and UPS overnight deliveries for payoff checks and loan documents to lenders all across the country.  Some documents are seemingly lost forever, others just arriving this week.

I had to chain up for days to get to get out of my driveway and the hill I live on to get to the office, only to take them off once on the freeways, only to put them back on to get to clients homes in the hills of Bellevue and Tacoma and beyond.

The stories are plentiful of owners of other businesses such as mortgage brokers and title offices who had to pick up staff such as underwriters, processors, funders among others to get them into the office to work on transactions so that loan officer and agents transactions closed on time.

One late evening on my way home I dropped off documents and closing Settlement Statements to a local lender, only to peer into the lower level windows and see funding staff working on files while it snowed hard outside.  Glanced at my watch…9pm.  Didn’t we receive funding conditions from these gals via e-mail at what time????  Oh yes, it was 5:30 AM !   Still there at 9pm.

Who is going to say “thank you,” to those two ladies and all the others that work behind the scenes to make your transactions go without a hitch, while sacrificing time lost with family during the Holidays.

I did.  How about you?

To all the Title Officers, escrow officers, processors (big thanks to them), underwriters (unbelievably slammed), funding depts. and other support staff—those who are never in the limelight, don’t have sales awards or other platitudes adoring their offices, but come with their work ethic, lunch pail and get the job done, all the while wondering about the economy, how prior co-workers are coping with layoffs etc.. ……………..you deserve a great big “Thanks.”

– Tim & Lynlee, Legacy Escrow

Top 10 Reasons NOW is the time to buy

#10 – You may lose your job.  When you don’t pay your rent, they put you on the street in 20 days.  When you don’t pay your mortgage payment, they don’t put you on the street for at least 8 months.
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#9 – It’s your Patriotic Duty to prop up the economy.
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#8 – Many a marriage has been saved…by buying a house with two staircases.

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#7 – You just read *page 114* of Harlan Coben’s “Promise Me” (see below), and you live in a “garden apartment”.

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#6 – Your girlfriend is demanding equal treatment to your wife.

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#5 – Your boyfriend is demanding equal treatment to your wife.

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#4 – Your mother-in-law just bought a 1 way ticket to your apartment

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#3 – Your bank account is bigger than your home office

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#2 – God said: Your real estate agent, banker and mortgage rep all need you to buy a house, right NOW!.  This is a direct message from God.  No kidding.

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NUMBER ONE: Your 4 year old is riding the dog, and dragging the baby around like a pull toy, because she needs a yard and swing set.

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*Page 114* “lived alone in the same crappy “garden” apartment for more than a decade…they call them “garden” though the only thing that seemed to grow was the monotonous red brick…sturdy structures with the personality of prison cells, way stations for people on their way up or down and for a few, stuck in a certain personal-life purgatory.”

Open Letter to NWMLS and Local Agents

Frustrated Home Buyer

Frustrated Home Buyer

Remember when JFK said we would go to the moon?  Remember the excitement of being part of something new!?  Let’s create a big, fat wish today that we, in the Seattle area, want to constantly be the prototype for the Country with regard to an MLS and how it functions.

We are the trendsetters (we being Seattle) as to The Internet and how people use it.

 Here’s a “workshop” post.  I think “the mls” is “broke” and it needs fixing.  You decide for yourself after reading this. We all “accept” that people start their search on the Internet…right? 

Let’s all take a good, hard look at HOW they start their search on the internet.

OK…I’m Average Joe and I think I want to move to Kirkland.  I go to the internet and I Google “Kirkland” and I find this super-duper site provided by The City of Kirkland.  It tells me:

Where all the parks are

It gives an an “on demand” video stream of all of the Kirkland Council meetings and provides the minutes of the meetings, so I can see if it’s the kind of place I might like to live.

There’s even a link to Kirkland TV on every topic I might be interested in…WOW!  I like this place called Kirkland.  They certainly care about keeping everyone informed, and they clearly embrace new technologies.  My kind of place.

Bur where in Kirkland might be the best place for me?  OK…lets Google “Kirkland Neighborhoods”. I find this great link to everything I ever wanted to know about Kirkland Neighborhoods.  I find the cool Explore Kirkland site and even Walking Maps sorted by the various Neighborhoods.  Wow!  Every Neighborhood in Kirkland has it’s own Association!  What a wonderful sense of community, and they certainly take their Neighborhoods seriously!

Isn’t this Super-Cool!!!  I can figure out everything I need to know in my jammies, without leaving the house…at 1 a.m!  That’s the kind of place I want to live in!  They have embraced Technology!  Woohoo! 

My world’s a better place because the City of Kirkland cared enough to make everything they do, and everything I need to know, accessible on the Internet!  I’m going to buy a house in Kirkland!  YAY!!!

SO JOE TAKES THE KIRKLAND NEIGHBORHOOD MAP (that he found on the Internet) TO A REAL ESTATE OFFICE, because he doesn’t know which Neighborhoods of these he can afford to live in.

BEFORE looking at houses on the Internet…he has a few questions.

Agent:  Can I help you?

Joe:  Can you please hit a button on your computer over there, and tell me the median price of a home in each of these neighborhoods?

Agent:  What’s your price range?  I’ll be happy to show you some homes right now!

Joe:  Well..no…I really just want to know which of these neighborhoods on this map here from the City I can afford to live in.  I’m not ready to look at homes yet.

Agent: Do you have a pre-approval letter?  I’ll be happy to get our lender over here and tell you how much you can afford.

Joe: (starting to get angry) Lady, I just want to know the median price of these neighborhoods!  Can you help me or not!?  OK…let me make this easier for you (you idiot).  Just tell me the median price of this neighborhood.  This one.  Here on the map of Kirkland Neighborhoods.  “Lakeview”  Just go over to the computer and hit a couple of buttons and tell me what the median price of Lakeview is, PLEASE!

Agent: Well, you don’t need to get angry, sir.  I am more than happy to help you, but you OBVIOUSLY don’t know what you are doing, because the mls doesn’t HAVE a neighborhood called “Lakeview”, (Mr. Smartypants).

Joe: Hmmm?  How about this one over here…”Norkirk”?

Agent: “We” call that East of Market. kindof.  When you get down here some agents call that “Downtown”.  Some agents just put in Kirkland for all of it.  Would you like me to do a search by Zip Code?

Joe:  NO!  I don’t want you to do a search by Zip Code!  According to this great map the City “gave me” there are a dozen neighborhoods!  I don’t want TWO zip code answers!  I want TWELVE median price answers you freakin’ moron!  One for each of these REAL Neighborhoods!!!

(Joe leaves in a huff.  Agent says to agent next to them in the office, “one of those Microsoftees.  Boy are they a pain in the ass”  They think they know everything.)

Joe goes into a different real estate office:

Joe:  Can you please hit a button on your computer over there, and tell me the median price of a home in each of these neighborhoods?  Joe hands the agent the same great map the City of Kirkland “gave him” on their cool site.

Agent: Here’s “our” map.  This is the one “WE” use.  It’s broken down by all of these code numbers that only agents know. 

Joe: Can you give me a few minutes to study this thing, because all of my research so far geared me to searching by the neighborhoods.  The real neighborhoods.  The one’s the City and the people who live here use.  (Joe realizes he’s not going to get anywhere until he figures out this stupid “code map”, so he gives it a quick study.)

Agent: Do you have a pre-approval letter?  Do you want to go see some houses today, because it’s really a Great Time to Buy!  Can I make some appointments while you study “our” map?  How many bedrooms do you want?  Do you have children?  Pets?  Where do you work?  Here’s some testimonials from some of my clients who love me.  Here’s a link to my website with lots of useful information.  Here’s a Buyer’s Guide to help you understand all the things I’m going to be doing for you.

Joe: (I wish this agent would shut the fck up, so I can look at this map.) You know what.  I think I’m going to go get something to eat.  Can I borrow this code map to read while I’m eating?

Agent: What’s your price range?  I’ll line up a few houses to see while you’re eating lunch!

Joe: $750,000

(Joe leaves with the secret code map and never returns.  Agent says to agent next to him, “Well…what the heck is wrong with that guy?  Where IS he?  I’ve made five appointments to see these houses.  What am I going to do?”  Other agent, “You know what they say, “Buyers are Liars”.)

Joe tries to decipher the secret code map.

Joes’ Wife: Honey, did you figure out which neighborhoods we can afford in Kirkand?

Joe: Well, I’ve spent all day in two different real estate offices, and I can’t get a straight answer out of anyone!  This stupid realtor code map doesn’t help at all!!! They are calling ALL of Kirland, Area 560!

Joe’s Wife:  Honey…I know you’ve wasted a whole day with this stupid real estate agent stuff.  We don’t need an agent!  Let’s just go Google “mls Kirkland”and look at some houses and calm down, OK?

Joe: OK.  Sorry.  I didn’t mean to take it out on you.  I’m just SO FRUSTRATED!

Joe Googles “mls Kirkland”.  He finds Kirkland Home Search – The MLS Online He clicks “home search”.  He changes the drop down to “King County”.  He clicks on “Kirkland”.  He puts in his real price, not the lie he told the agent to get the heck out of that office.  He puts in minimum of 3 bedrooms. It says “10 Actives Found”. 

Joe: This site says there are only 10 houses in Kirkland priced between $500,000 and $525,000.  I thought there was a record number of houses for sale?  This can’t be right!

Joe’s Wife: Try $450,000 to $550,000.

Joe: OK.  That’s better.  It says 58.  Still, not as many as I was expecting based on what I’ve been reading in the paper.  A whole City only has 58 houses in our price range?  Let’s see if I can figure out which of these Neighborhoods they are in. (He clicks “View Actives List”.)  Honey?  What do you think “active” means?  Can’t they just say For Sale!?

Joe’s Wife: Now down’t get started.  Just get to the houses, OK?  What do you see?

(Joe says FCK…it’s starting at the most expensive house at $550,000.  I don’t want her to see this.  Good, here’s a re-sort button from lo to hi.)

Joe: One second, honey.  OK…here’s a really nice one for $450,000.

Joe’s Wife: That looks nice.  What’s a “split-entry”?

Joe:  I don’t know.  Can’t these G’damn agents speak English!!!

Joe’s Wife: Calm down.  What neighborhood is it in?

Joe: I’m looking at the pictures.  It has wood floors.  Those look like new windows.  Looks pretty nice.

Joe’s Wife: What neighborhood is it in?

Joe: It doesn’t say.  It says “Kirkland”.  Here’s a map of where it is…I can see a train track.  FCK…THIS ISN’T WORKING!!!

Joe Wife:  Honey, I think we really DO need to get an agent.

Joe: NO!  Fck that!  That’s why they are doing this!  They are making it impossible for me to do anything!  All I wanted was the median price of the neighborhoods in Kirkland.  Is that too much to ask!?!?  No.  No agent.  They are not going to win!  NO!

Joe’s Wife: (Crying)

Joe: (turns on the football game.)

 

I think it’s broke and needs fixing.  What do you think?

Balloon Frame houses and Firemen's safety

House with balloon frame

I recently heard the term “balloon frame” from someone on Twitter discussing the fire hazards and potential dangers to firemen.  It was a local person, and so it caught my attention.  I have never heard a home inspector advise a home owner that they were buying a home with a “balloon frame”.  Nor have I ever heard a home inspector note the potential hazards.

Here are a couple of links regarding balloon homes and firemen that the Twitterer was kind enough to send me.

I would appreciate comments from anyone having knowledge on this topic.

Thank you.

Happy New Year!

We have a few hours to go before we ring in the New Year of 2009.  But I wanted to take a few moments to thank all of our readers, my fellow writers, and the many people who comment here, for making Rain City Guide the special place that it is.

Tomorrow will mark my third anniversary of blogging.  Honestly, I can hardly imagine my world without it.  It’s been a rewarding experience and, I value my “blogfriends” and my “blogclients” more than…well, more than lots of things.

Tonight at midnight, I’ll take a cup of kindess, probably hot chocolate, and think of all the special people in my life.  Not the least of which being, Dustin and Anna Luther, Jillayne Schlicke, Rhonda Porter, Tim and Lynlee Kane,  Robbie, Steph and Harrison Paplin, Galen Ward, Deborah Burns…these wonderful people are part of my extended family.

And as the Coke/Walmart young man said: “When you stock up on Joy, there’s enough to go round”.

Thank you everyone, for being part of the Joy of my Life.  Many Happy Returns…

Is it a buyer's market? If so…where?

I recently received an email from Christoper Hain of Terra Firma L.A., which caused me to view the chart below.  Often people try to take general median percentages and apply them in the wrong place.

The current median 12 month change in King County is down 12%.  But if you get a house for 12% less where it is down 30%, that’s not a great buy.  If you get a house for 12% less where it is only down 7%, that’s a good (not great) buy.

Chris’ article drives home the point that in one agent’s “service area”, which is not really very big, there are areas down 7% vs. 42%…HUGE SPREAD!!!

Plus he asks the question that is not discussed often enough:

“You could read either end of this chart in completely opposite ways. Perhaps, the ones that have fallen furthest are the ones you want to buy in 2009. Or perhaps, the ones that have held their value best are the ones to bet on long-term.”

I’ll be doing some neighborhood breakdowns for Seattle and Eastside today, and finding our highs and lows in my service areas.  I’ll post a graph similar to the one for L.A. below, as related to our immediate area.

Look at Beverly Hills, as example. Even in that small area (which due to the TV show most think of as 90210) there is a variance in % down for the three different Beverly Hills Zip Codes of 90210, 90211 and 90212.  Big difference between 24% down and 42% down…in one small area.

I’m going to try to do the neighborhoods accurately, vs. Zip Code.  i.e. Wallingford, Green Lake, East of Market, West of Market, etc…  I have to use a polygon search feature for that.  It’s time consuming, but given this is still “the holidays”, now would be a good time for me to expend the excess effort, and the results will be of value in tracking changes during 2009.

7% down to 42% down…it boggle’s the mind. Here’s Chris’ chart:

Housing prices down 7%?  or 42?

Housing prices down 7%? or 42?

Seattle Real Estate Recovery in 2009?

I’m busy making James’ Biscotti , but I just got a Tweet from Matt Goyer over at Redfin about a Cover Story in the Seattle PI.  I glanced at it and everyone and their mother is putting in their $.02 about the Seattle Real Estate Market in 2009.

You can read it HERE

I didn’t see much of a concensus.  The usual suspects saying it’s going to be good vs. the usual contra-suspects saying it’s going to be bad.  I’ll look at it more closely when the bis-cotti is twice baked (biscotti means twice-baked; not biscuit).  In the meantime, if anyone sees a strong case for believing in one person more than another, let me know.

James, your recipe calls for “a lb. of flour” and I have a half used 5 lb. bag.  I guess I’ll have to Google how many cups = 1lb. of flour 🙂

We’re back to work…but’s it’s still Holiday Time too!   Plus, we can’t really do any meaningful year end or 4th Quarter stats until a week or so into the New Year.

So far, December is neck and neck with November as to median prices (per square foot), and 12% down for the year.

Real Estate Agents, Seth Godin and Tribes

Everyone who is going to buy or sell a house in 2009, should answer this question before choosing an agent:

Are you looking for a Leader-Agent, or are you looking for a Follower-Agent?

For those who have never heard of Seth Godin and/or Tribes, the hyperlinked words in this sentence are links to valuable resources, in that regard.  Now…forget Seth.  This is not a post about Seth Godin and Seth Godin is not in my tribe. 

This is a post about how people CHOOSE a real estate agent, and how agents decide whether or not they should work with a given potential client.

If you are looking to hire an agent, but you want to give the agent a list of things to do,.   Or you want the agent to have a list of things that the agent will do, in sequence, regardless of whether or not that step is appropriate at that time. Then you are looking for a Follower-Agent.  That’s OK! 

What’s not OK is for you to pay a LeaderAgent-Price for a Follower-Agent, or expect a Leader-Agent at a Follower-Price.

What’s not OK is for you to hire a Follower-Agent, lead him, and then blame him when the results are less than satisfactory.

The “picture” below is my integration of Godin’s Tribe Concept, with the age old Probe, Evaluate, Close Concept.  The more quickly you can Probe, Evaluate and Close in each moment, the less time you will waste dealing with people who are just Not In Your Tribe. 

“CLOSE” = Determining if someone is right for any of your Tribes, quickly putting them in the “right” Tribe, or putting them on the outside of the Cycle Chart altogether.  The more quickly and accurately you can “close”, the happier you will be in 2009.  That’s true of all business and personal “choices”.

“Outsiders” are not bad people.  Well, a few are.  In the photo below, you will see dots outside of the circle.  Those are people you choose not to deal with, for whatever reason.  The one’s with the X over them are the bad ones 🙂 

Truth is, we all have many Tribes.

Tribe 3 is the Real Estate Transaction for a couple without children who want to hire a few followers to “assist” them. 

Tribe 1 is more reflective of my typical real estate transactions:  4 equally important forces all doing their part well.

Tribe 4 is indicative of the networks used by each of those 4 people in Tribe 1, to accomplish their part of the transaction.  Each Leader-Participant has a Tribe of followers.

For Agents:  If you are a single practitioner, then you likely will have 24 to 36 people in your Tribe in a year’s time.  Stop trying to be all things to all people.  Recognize that 24 – 36 fabulous “Tribal Relationships” is all you need, and learn how to quickly “Probe, Evaluate and Close”, to select the best mutual relationships.

For Buyers: The most important thing for you to understand is that most often, a buyer will not know that they need a Leader vs. a Follower, until it is too late to go get one.  That’s just a weakness of the system.  Knowing that up front may help you…maybe not.  It is what it is.

For Sellers: Be honest with yourself about your ability to be objective.  Don’t hire an agent; and then act like a For Sale By Owner.  You just complicate things to the point where no one is successful.  If you want to run the show…GREAT!  Just make sure you hire a Follower-Agent and pay a Follower-Price.  Don’t hire a Leader-Agent and spend all of your time butting heads with the agent.  That tension will lead to failure somewhere along the line.  Knowing that up front may help you…maybe not.  It is what it is.

Tribes and Choosing

Tribes and Choosing

Priceless "Gifts" for my Readers at Christmas

How do you give back to “the anonymous many”?  Those who “speak back” to me in comments, are my most prized and loved readers.  Imagine singing to an audience that provides no perceivable reaction?  But I also appreciate the thousands of silent readers who sometimes email privately, and more often stay in the shadows.

What do you give to “an internet audience” whom you appreciate SO MUCH, and yet cannot “see”? Priceless Gifts you can enjoy today…and for many years to come…as long as the links don’t break.

What a wonderful gift we have in the internet.  Unbelievable that we can experience this Pulitzer Prize Winning composition, The Little Match Girl Passion by David Lang performed at Carnegie Hall.  We even get to see David Lang’s own account of what he hoped to convey with this piece.   Gift #1

Award Winning Photography from the 2007 Winner of the Photobloggie Awards.  Imagine making a 2009 Calendar for your own personal use, using 12 of these magnificent photos of your choosing. Gift #2

We love our dusty old cookbooks, and the new ones as well.  But what a gift to be able to SEE and almost SMELL a recipe via the wonderful world of video on the internet.  I chose this half moon ravioli recipe, made with Azumaya,  because of its simplicity.  A ten minute from start to finish gourmet fantasy that you can “stuff” with pretty much anything you want.  I would use ricotta cheese vs. mascarpone.  Gift #3

We are the internet, you…me…RCG.  A powerful, growing force to be reckoned with.  I give you a tale of how the power can be unleashed in real, and meaningful ways without bounds:  Gift #4

2009 will not be a year of great change.  It will be a year of Great Hope for Change, one small step at a time, via you and me acting the best we can in each moment.

I would very much appreciate any return gifts you may have, via links, sent to me, ArdellD at Twitter.  I will continue to share my passion for real estate with you…and hope you will in like-kind, share your passions with me.  Be change; influence a mind.

Buon Natale!