Apr 23 2008
News on Foreclosues
The Top
As if the foreclosure investment market weren’t super-heated enough, Congress is about to stoke the fire even higher.
The “Foreclosure Prevention Act of 2008″ contains a $7,000 tax credit (payable over two years) to anyone who purchases a foreclosed home within a year of the proposal’s enactment. Supposedly, this would help clear the nation’s swollen inventory of repossessed properties, thus propping up home prices in general.
But there’s the catch. For lenders as well as borrowers, foreclosure is an expensive hassle. If at all possible, most banks would rather avoid repossessing a house, which they must then try to resell. But, by making it cheaper to buy a foreclosed house than a comparable unforeclosed property, the tax credit makes it more feasible to sell one. The cost and hassle—for the lender—of foreclosure go down, and the benefits go up. Other things being equal, lenders would be that much more likely to foreclose—rather than to help homeowners stay in their houses on modified terms.
At ForeclosuresDaily, we think our approach is more sound: the foreclosures boom still represents a tremendous investment opportunity in the real estate industry and we predict that the foreclosure investing segment will continue to remain a strong source for wealth building in America. By helping lenders to divest their portfolios of non-performing assets, property owners to escape financial hardship, and investors to create secure futures, ForeclosuresDaily will stay at the forefront of this issue.
Senate Passes Foreclosure Bill
Plan includes tax breaks for builders, credit for the purchase of foreclosed property and grants to buy and repair abandoned homes
CNNMoney.com
Mike Kane comments: This legislation provides little real help to the growing ranks of homeowners facing foreclosure. But it helps just about everybody else, giving generous tax breaks to home builders, lenders and buyers of foreclosed properties. The bill would allow people who don’t itemize on their tax returns to take a standard deduction for property taxes. But homeowners who aren’t in danger of losing their homes would benefit the most. Meanwhile, a buyer of a foreclosed home would get a $7,000 tax credit. That could actually encourage foreclosures and further drive down real estate prices.
The Senate on Thursday passed a bipartisan package of tax breaks and other steps designed to help businesses and homeowners weather the housing crisis.
The measure passed by an impressive 84-12 vote, but even supporters of it acknowledge it’s tilted too much in favor of businesses like homebuilders and does little to help borrowers at risk of losing their homes.
The plan combines large tax breaks for homebuilders and a $7,000 tax credit for people who buy foreclosed properties, as well as $4 billion in grants for communities to buy and fix up abandoned homes.
Despite the impressive vote, the bill will be significantly redrawn by critics in the House.
The White House opposes the plan but has not issued an explicit veto threat. It says parts of the legislation would make the problem worse by depressing some home values and the measure inappropriately uses taxpayer money to bail out lenders saddled with foreclosed houses.
The House Challenge
The House is likely to reject key portions of the Senate measure, including $25 billion over three years in tax breaks for money-losing businesses such as homebuilders. A plan adopted Wednesday by a key House panel dropped that idea as well as the tax credit for purchasers of foreclosed homes.
Senate Majority Leader Harry Reid, D-Nev., acknowledged changes will be needed in upcoming talks with the House and the White House.
“This is just the beginning of the process,” Reid said. “This bill will go to the House. With the House and the White House we can come up with a piece of legislation fairly quickly.”
Before passing the measure, the Senate added $6 billion in unrelated tax breaks for renewable energy producers, despite Senate rules that say tax cuts need to be “paid for” with revenue increases elsewhere in the tax code.
The bill also offers $150 billion for pre-foreclosure counseling and stronger loan disclosure requirements.
Objections
The $25 billion tax break the plan offers to homebuilders and other businesses absorbing heavy losses and the energy tax package were both dropped from an economic rescue plan enacted in February. Critics of those proposals said they were overly expensive and would not stimulate the economy.
But deepening public worries about the housing crisis appear to have emboldened lawmakers to swell the $9 trillion deficit to pay for the measures.
The $7,000 tax credit for the purchase of foreclosed homes, opponents argue, would unfairly reward purchases that would have happened anyway while possibly devaluing other homes. It also could give banks an incentive to foreclose on homes by subsidizing purchases of such properties.
The measure calls for a long-awaited modernization of the Federal Housing Administration that would enable more homeowners to refinance into loans backed by the Depression-era agency.
It includes $10 billion in tax-free mortgage revenue bonds to help homeowners refinance subprime loans, a move endorsed by President Bush.
A House bill takes a far different tack, steering tax breaks toward first-time homebuyers and investors in low-income rental housing. The measure is likely to be paired with a broader housing rescue package being drafted by Rep. Barney Frank, D-Mass., the Financial Services Committee chairman, that would have the FHA step in to back $300 billion in refinanced loans for 1 million or more homeowners who otherwise might face foreclosure.
Under a similar plan by Sen. Chris Dodd, D-Conn., the Banking Committee chairman, the FHA would insure up to $400 billion in loans.
The Bush administration countered those plans Wednesday with its own, far narrower, proposal. It would expand an existing FHA program to allow more homeowners who are facing large rate hikes to refinance into more affordable government-insured loans.
Wells Fargo Home Mortgage offers advice on foreclosures
by Bill Bruce, The Valdosta Daily Times
Mike Kane comments: Debora Blume, Wells Fargo Communications Officer recently sat down with Bill Bruce of the Valdosta Times for a brief question and answer session. ForeclosuresDaily found the lender’s position on foreclosures interesting in that it supports a stance on the industry that the company has maintained for some time: foreclosure investing is a win-win-win solution for the property owner, the lender, and the investor.
Bruce: A lot of folks might believe banks or lending companies can’t wait to get their hands on your property and are sitting like vultures waiting to jump at the chance to foreclose. But the fact may be that foreclosure is the last option a lender wants to exert because it’s a no-win situation for any involved party. Is that in fact the case?
Blume: Wells Fargo Home Mortgage has a number of options available to help customers who are facing financial difficulties. We use foreclosure only as a very last resort. We make
every attempt — within the confines of investor requirements — to develop an individualized solution that helps our customers get through a difficult time so they can stay in their homes. Every party to a foreclosure loses — the borrower, the community, the investor and the mortgage lender. Profitability for the mortgage industry rests in keeping a loan current and, as such, the interest of the borrower and the lender are aligned. Therefore, mortgage lender have a significant incentive to prevent foreclosures. Our national foreclosure rates have historically been below the industry average; currently 0.88 percent compared to the industry average of 1.18 percent (as of fourth quarter 2007). We work hard to keep our customers in their homes, whenever possible, if they do experience financial difficulties. We also proactively contact customers, and work with them on potential solutions based on their personal financial circumstances.
Bruce: What signs might homeowners see that should warn them to take preventative action to avoid foreclosure … like, if you missed the second payment in a row and know you’re going to miss the next one too … what should you do?
Blume: Timing is critical for borrowers facing financial difficulty. Homeowners should begin by calling us and expressing their interest in keeping their home; the sooner a homeowner reaches us, the more options we have to find a solution. The homeowner should prepare for the call by gathering income and expense documentation that might be needed to consider a potential modification.
Bruce: If a homeowner already has been snagged in a foreclosure, is there any way out to keep the home?
Blume: Wells Fargo’s servicing approach is unique in that we work with borrowers to offer them solutions at every stage of default continuing up to the point of foreclosure sale. Through this multi-step effort, we maximize the customer’s access to available loss prevention options.
Bruce: What can a potential homebuyer do to avoid any preventable circumstance that could lead to a foreclosure… like… don’t borrow in over your head, don’t get a monthly payment that’s more than 35 percent of gross monthly income, don’t get into dumb risky loans, etc.
Blume: Areas where home values are depreciating at a fast rate are the most challenged in terms of foreclosures. This includes areas where investor-owned properties and related exotic loans are high, such as Florida. Nearly 60 percent of subprime ARM foreclosures are occurring in eight states: Arizona, California, Florida and Nevada have experienced rapid price appreciation followed by today’s market correction, and in Illinois, Indiana, Ohio and Michigan have been affected by job loss.
Frequent root causes for delinquency remain job loss, illness, marital status change and death. As of late, consumers are also citing increased energy costs and other utilities, as well as insurance and taxes in unique markets where weather has been an issue, as key factors of being financially overstretched.


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