Sunday, February 13, 2011

Housing Takes a Hit As Mortgage Rates Top 5%

February is when potential home sellers start painting walls beige and cleaning out closets, preparing for the spring homebuying season. But sellers got some unnerving news last week: The interest rate on a 30-year mortgage jumped up to a level not seen since last April.

In November, the average rate slipped to a 40-year low of 4.17 percent. Today, it's just over 5 percent, and concerns are growing that rates will keep rising — enough to scare away potential buyers. It's at least enough to make those buyers rethink the advantages of homeownership

Why Rates Rose
The housing industry had hoped interest rates would stay very low for a very long time — at least until the market bounced back. Unfortunately, home prices and sales are still depressed, but now mortgage rates are going up. The key reason is inflation. In recent months, prices have been rising for all sorts of commodities, from steel to wheat to gold. Whenever prices go up, long-term interest rates — like those on 30-year mortgages — rise along with them.

So far, at least, the rate hikes have not been steep enough to discourage most potential buyers, and 5 percent is still low by historical standards. Mortgage experts generally say you won't start to seriously undermine the housing market until rates get closer to 6 percent.

Time To Buy A House?
One encouraging thought for people who are trying to sell their homes right now: Rising rates can actually give a short-term boost to real estate sales by pushing potential buyers off the fence. People who have been taking their time making a decision now have motivation to make a commitment before rates move higher

Yet rushing to buy a house and lock in today's interest rates is still a gamble — given that home prices may still fall further. If buyers act now, they can spare themselves a 6 or 7 percent mortgage rate. Then again, if they live in a city where home prices may drop an additional 10 percent, it might be better to hold off for the lower price.

This much is certain: Today's combination of low rates and low prices is making homeownership more affordable than it has been in more than a generation, in terms of the ratio of home prices to annual household income.

During the housing bubble between 2002 and 2007, homebuying became very unaffordable. That's why so many people resorted to bad borrowing ideas like interest-only mortgages. They needed to use lending tricks to buy homes.

Today, buyers don't need tricky loans to become owners — they can find plenty of affordable houses and good mortgage deals. But what they do need is good credit. In the aftermath of the financial crisis, lenders are still keeping their standards high. To get a good loan, a buyer needs a credit score above 740.






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Wednesday, February 9, 2011

Silicon Valley Home Prices to Suffer "Double-Dip" Then Turn Higher

Single-family homeImage via Wikipedia
After rebounding from a low reached in early 2009, home values in Santa Clara and San Mateo counties have dropped again in a double dip that renews worries about the strength of the housing market, real estate information service Zillow reported Tuesday. Santa Clara County home values have fallen 25.2 percent since their peak in 2006, while San Mateo home values have fallen 24.2 percent.

The phrase "double dip" refers to a new drop in home prices after the recovery from a previous drop. The latest downward trend in area home values began in the middle of last year, after the end of two tax breaks for homebuyers, according to Zillow. The tax breaks encouraged people to buy homes sooner than they might have. That left fewer buyers in the second half of the year, resulting in slower sales and falling prices.

But prices and sales may be headed back up in the next few months Zillow said Bay Area home values have sagged 28.7 percent from their high of $679,160 in the second quarter of 2006, hitting $484,495 for the quarter that ended in December. They were down 1.1 percent from the previous quarter.


California home values also saw a double-dip in the fourth quarter, Zillow said. But the company expects a gradual recovery of home prices over the next few months. In Santa Clara County, by Zillow's calculations, home values neared but didn't fall below the previous low of April 2009. They fell 3 percent in the quarter that ended Dec. 31, and 1.8 percent from a year earlier, as declines in home prices accelerated at the end of the year. After climbing to $749,100 in June 2007, median single-family home values in the county dropped to $556,400 in April 2009, then climbed to $587,700 in mid-2010 before declining again in the second half of the year to $560,600 in December.

Underwater mortgages -- those worth more than the current value of the home -- rose to 13.8 percent of the county's homes with mortgages, up from a revised 11.7 percent at the end of the previous quarter, Zillow said.

In San Mateo County, home values fell 3.9 percent over the quarter and 4.5 percent from a year earlier. Home values have fallen 24.2 percent in the county since their peak in the second quarter of 2006, when they reached $809,922. They hit bottom in March 2009 at $635,000.

Homes with negative equity increased to 13.2 percent of the housing stock that has mortgages, up from 10.5 percent at the end of the third quarter. Most of the country saw increases in negative equity in roughly the same range. The reason: A scandal over improperly prepared foreclosures caused major lenders to impose a moratorium. Falling prices added to the number of underwater mortgages.







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Monday, February 7, 2011

10 Reasons to be Bullish on Housing in Bay Area

USGS Satellite photo of the San Francisco Bay ...Image via Wikipedia
Almost five full years into the housing downturn, it's still cool to be bearish on real estate. But cool isn't always right: Despite headwinds such as looming shadow inventory, a lackluster job market, and geopolitical instability, there are plenty of reasons why rose-colored glasses may be the real estate eyewear of choice.

Below are 10 reasons why it may finally be time to be bullish on housing ... but first, one huge caveat:

The local bottom that the broad housing market experienced in April 2009 may yet be surpassed to the downside. If it is, housing bears will pound their chests, stubborn pessimism vindicated. They will be mistaking the trees for the forest. This recovery, which in many areas remains in full force, has been, and will continue to be, highly local in nature. Fundamentally strong markets have thrived, while weak ones have languished. National, state, and even city-level indicators have been masking trends that are ongoing on a neighborhood level. This will continue, and those that ignore it will miss out on countless opportunities.

1. Jobs. Housing follows jobs. Period. And while the job market is still bunk in many areas, pockets of strength are emerging. After Google (GOOG) announced it would be hiring as many as 6,000 new employees, the Silicon Valley powerhouse received 75,000 applications in two weeks. The company is looking to retain talent in its fight against local rivals like Apple (AAPL), Salesforce.com (CRM) and Yahoo (YHOO), along with social media upstarts like Facebook, Twitter, and Zynga. If housing really does follow jobs, the San Francisco Bay Area may prove to be a bright spot in 2011.

2. Jobs. At the risk of being redundant, housing follows jobs. Consumer confidence is close to reaching last spring's high point, the most optimistic the US has felt since 2008. And while hiring hasn't restarted in earnest, firing has slowed to a drip. If you haven't been fired yet, chances are your job is reasonably secure. Job security drives optimism, planning for the future and ... home buying.

3. Pent up demand among young adults. Consider this: 2006 college grads entered the labor market just as home prices began to collapse. Those who still have a job kicked and scratched their way through the Great Recession and are now 27, perhaps married or getting there and kids may be on the horizon. Some were even smart enough to save some money. According to a graph produced by economist Tam Lawler and posted on Calculated Risk, today's young adults are under-represented as homeowners compared to historical norms, and a disproportionately large chunk are living at home. As the job market crawls back to life, this trend is likely to reverse. And if the apartment market's snappy performance in 2010 is any indication, it already has.

4. Foreclosures. Frankly, I'm getting tired of people claiming that an impending flood of distressed real estate is going to torpedo home prices. If you're making that case, ask yourself if you really, truly have any idea what you're talking about. Banks are rational actors, and as much as Bank of America (BAC), JPMorgan Chase (JPM), Citigroup (C), Wells Fargo (WFC) and the rest are demonized, they rarely willfully destroy the value of their own assets. Which is exactly what flooding the market with bank-owned properties would do. Coupled with political pressure and an ever-increasing maze of foreclosure litigation gumming up the repossession process, foreclosed inventory will continue as its steady stream. It will take years (around four based on current estimates) to work through shadow inventory, but there will be no flood.

5. Inflation. While much is made of inflation in the media, few pundits actually understand it. Inflation expectations, not inflation, is what we should be worried about. Things get scary when consumers start believing that prices are rising, or about to rise. Rational economic actions take hold, and rather than filling their tanks when empty, drivers fill whenever they pass a gas station. The expectation of higher prices, not higher prices themselves, is what changes economic actions. Rising inflation expectations pull demand forward, pushing up prices in an inconvenient self-fulfilling prophesy. Historically, real estate has been a rather good hedge against inflation. Plain and simple, as people start to get nervous about inflation, they buy real estate.

6. Higher rents and low interest rates. Ask a prospective tenant in a major metropolitan area how the apartment search is going and the response will not be pleasant. Rents are rising, inventory is down, and landlords are back in the driver's seat. And despite a recent bounce, interest rates remain historically low. High rents and low interest rates push would-be renters towards buying, particularly in areas with job markets that are relatively less weak than the country at-large.

7. A booming apartment market. Investors are snatching up multifamily properties as positive demographic trends, low interest rates, and perceived values attract professional and amateur buyers alike. Homeownership is at a 10-year low, young adults are moving out of their parents' basements and into apartments, and leverage is fantastically cheap. What more could an apartment buyer want? The multifamily space typically recovers first, and if history is rhyming in even the smallest way, this is good news for housing.

8. Investor appetite remains strong. From fedora-hat donning, Hawaiian-shirt wearing, clipboard-scribbling, earpiece-whispering professional investors at the courthouse steps to vulture funds armed with hundreds of millions of dollars, investor demand for real estate remains robust. Distressed opportunities -- across all types of real estate -- have come to market slower than expected, which means buyers have had more time to hit the pavement and raise money. With limited opportunities, competing buyers are driving up prices of distressed assets: For every well-priced foreclosure there are a dozen all-cash buyers looking for a deal. And don't forget the baby boomers, the first of which turn 65 this year. While many are eying a trade-down into a smaller, more retirement-friendly home, even more are looking for reliable fixed income to pay for rounds of golf and tennis lessons. More than a few gray-hairs view real estate as their path to comfort during the golden years.

9. The stock market. With the Dow Industrials above 12,000 and the S&P 500 topping 1,300 for the first time since mid-2008, IRAs, 401(k)s and trading accounts are feeling fuller than they have in years. The wealth effect is in full effect, as buyers look to sell stock for a down payment and the confidence to pull the trigger on a new home.

10. Confidence. If you've made it this far without either scrolling down to question my sanity on the Minyanville message boards or falling asleep, I salute you. And for the precious few readers who are still with me, consider this very important question: Do you feel better or worse about the US economy, and more importantly your own personal economy than you did two years ago? This is not a political statement: Challenges remain, to be sure, but we Americans are a stubbornly resilient, optimistic bunch. Confidence is relative, and for a country that has been through economic hell and back since 2008, we are in remarkably better shape. Confidence in the present builds confidence in the future, and confidence of all types increases risk-taking activities. Admittedly when you have seen the depths of despair, a single ray of dim light can feel like high noon, but it doesn't matter. Confidence is a trajectory, a transitory voyage through time that is more accurately measured against where you just were than looking at the last time you were here. The fact that most people believe that we're no longer headed for apocalyptic collapse is, as they say, a good thing.









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Monday, January 31, 2011

Mortgage Finance Overhaul to Raise Costs, Reduce Home-Ownership

A map of states and cities where Wells Fargo o...Image via Wikipedia
In spite of differences between Democrats and Republicans on reforming housing finance, both sides back proposals that would make mortgages more expensive and difficult to obtain.


Government officials and lawmakers want to make the market less vulnerable to another credit crisis, and all the options lead the same general direction: Borrowers will need larger down payments than in the bubble years, have higher credit scores, and pay extra fees to cover risks and premiums for federal guarantees on government-backed mortgage bonds. While those measures would create a sounder system, they also mean that fewer borrowers will qualify for loans and the national home ownership rate -- already on the decline -- will continue to slide.

During the bubble, mortgages were given to people “who clearly should not have gotten them,” David Stevens, commissioner of the Federal Housing Administration, which guarantees loans to first-time and low-income home buyers, said in an interview. “It would not be productive if we had that same loan access going forward.”

Ownership rates, which rose from 63.8 percent in 1994 to 69.2 percent a decade later, have since dropped to 66.9 percent, according to the U.S. Census Bureau. Stevens said he expects the rate to fall further.

Home-Ownership Will Continue to Drop
John McIlwain, a senior fellow for housing policy at the Urban Land Institute in Washington, said he expects home ownership rates to eventually drop to as low as 62 percent. The impact of the pending revamp of the housing finance system on borrowers is clearer than for lenders, whose business model will likely have to change.

According to Guy Cecala, publisher of Inside Mortgage Finance, although the volume of lending has gone down, banks have been earning somewhat higher profits from mortgage originations. That’s because so many mortgage lenders collapsed during the crisis that those who survived gained market share.

For instance, the two largest mortgage lenders, Wells Fargo & Co. and Bank of America Corp., controlled 46 percent of the market in the first three quarters of last year, Cecala said, compared with 28 percent in 2008.

Market Consolidation
Cecala said that banks used to lose, on average, as much as $2,000 per mortgage origination and earprofits from servicing them. Today, he said, because of less competition, they earn as much as $1,000 per mortgage origination. Under some reform scenarios, the entire mortgage financing system could be privatized, which would upend banks’ business model for mortgages, with unknown impacts on their profits.

Currently, most mortgages are originated by banks then guaranteed by the Federal Housing Administration or purchased by Fannie Mae and Freddie Mac, known as government-sponsored enterprises. Fannie and Freddie then package the loans into mortgage-backed securities and sell them to investors.

Because banks don’t have to hold many loans on their books for long, securitization has greatly increased the volume of loans banks issue. It also reduced costs, because the risk of the loan was passed on to investors and the government.

Price of Safety
Joseph Pigg, senior counsel at the American Bankers Association in Washington, said that without a government guarantee, banks would be unlikely to keep offering traditional 30-year mortgages. “You’re funding a long-term loan with short-term money,” Pigg said. “If you stick with that product there is a stronger need for government involvement. There is a price of safety but that’s the way markets work,” he said.


Laurie Goodman, senior managing director for research at Amherst Securities Group LP, said that in a privatized market, investors in mortgage-backed securities would likely demand a higher yield to compensate for the added risk. That would also translate into higher retail borrowing rates.

“Some investors might pull out of the market entirely because of that risk,” said Goodman, whose Austin, Texas-based firm is a broker-dealer for mortgage-backed securities.

New Fees
Fannie Mae and Freddie Mac, now in government conservatorship, have already instituted tougher mortgage requirements and higher fees. The agencies are imposing “loan- level price adjustments” and “adverse market delivery charges” on many mortgages, which can add about 3 percentage points to the cost of a loan, said Alan Boyce, chief executive of Absalon, a joint venture with the investor George Soros to develop a new housing finance system.

The GSEs’ fees have recently gone even higher, said Brian Wickert, president of Accunet Mortgage in Butler, Wisconsin, especially for borrowers who have second mortgages and want to refinance.

For instance, a borrower with a mortgage equal to 76 percent of a home’s appraised value, and a second mortgage adding another 3 percentage points, to 79 percent -- still below the 80 percent level desired by banks -- and a FICO score of between 700 to 719, would have previously paid $2,000 in fees to the GSEs in a refinancing, Wickert said. Following recent increases, those fees are now around $4,000.

Raising the Bar
Amy Bonitatibus, a Fannie Mae spokeswoman, said the agency adjusts standards and fees in response to market conditions. Higher costs, she said, reflect conditions in the market rather than a desire to boost revenue. “These changes are intended to more accurately reflect changing risks in the housing market,” Bonitatibus said.

Analysts say the higher costs of mortgages are already hampering a recovery of the housing market. Borrowers of mortgages bought by Fannie Mae in the fourth quarter of last year had an average FICO score of 765.6, compared with 737.5 in 2008, said Cecala of Inside Mortgage Finance. “We were way too loose in the past,” said Goodman of Amherst Securities. “The question is, are we going to be too tight to solve the problem that’s been created?”



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Thursday, January 20, 2011

Warren Buffett: Is Real Estate Finally a Good Investment?

Warren Buffett speaking to a group of students...Image via Wikipedia
The housing market still looks pretty bleak: There were a record one million foreclosures last year, home prices are still falling in many regions and the number of "underwater" properties is at a record high. And things don't look much better in other areas of real estate. The number of construction jobs continues to decline, even as other parts of the economy have added jobs. And mortgage rates have moved higher as long-term Treasury yields have backed up during the past few months.

Basically, the real estate market remains a mess. Real estate encompasses a wide range of markets – homes, apartments, hospitals, office buildings, strip malls, dormitories and other properties. But for our purposes, let's focus on residential real estate, or homes. Here are four reasons to think residential real estate might represent a bargain – with one big caveat.

Everyone hates homes
Homes are probably the most hated asset class in the country. That's what happens when a bubble bursts. People avoid thinking about the value of their home. Sellers moan about no offers, buyers gripe about impossible lending requirements. Hatred of an asset is often the precursor to contrarian interest, and being contrarian is at the heart of many investment strategies. To paraphrase Warren Buffett, be fearful when others are greedy and greedy when others are fearful. Mr. Buffett backed that idea when he invested in the stock market in the teeth of the financial crisis in late 2008 and early 2009.

Of course, being contrarian for its own sake isn't wise investing. Gold was hated for years ("dead money") before it recently became an attractive asset class. Still, a lot of smart ideas begin with the question: What does everyone hate?

Smart people are buying real estate
This cohort is led by John Paulson, the hedge-fund manager who made $20 billion betting against the housing bubble. Last fall he said in a speech: "If you don't own a home buy one. If you own one home, buy another one, and if you own two homes buy a third and lend your relatives the money to buy a home."

Why is Mr. Paulson so adamant? Because he believes long-term interest rates are not going to get much lower. They have, in fact, risen since he gave that speech, but they remain remarkably low by historic standards. Low rates and the expectation that home prices will rise is his argument. For his part, Mr. Buffett has predicted the housing market will bottom this year.

Real estate performs well during inflation
There's no inflation these days, but when buying a home one should take a longer view. And the longer view shows that the economy has enjoyed a disinflationary period since the early 1980s. A number of folks think that cycle is slowly reversing itself. If that's the case, then convention would argue for holding assets that do well in an inflationary environment. That includes Treasury Inflation Protected Securities, commodities and real estate. Remember that during the stagflation nightmare of the 1970s, real estate had a strong run.

Inflation isn't a significant issue in the U.S., but it's a growing problem elsewhere. China and India have taken steps to fight inflation, the euro zone is getting flickers of inflation and the U.K. has had oddly higher prices (above 3%) for an extended period of time. If the cycle is slowly turning, real estate makes more sense.

Demand may be coming back
Supply isn't as out of whack as it used to be. At the end of November, home builders reported 197,000 new homes on the market, the lowest level since 1968, according to Yardeni Research. The National Association of Realtors reports that the inventory of existing homes for sale fell 4% to 3.71 million homes, which represents a 9.5-month supply at the current sales pace, down from a 10.5-month supply in October.

Those aren't pretty numbers, of course, but they are moving in the correct direction. And that may be a reason that many home builder stocks, such as KB Home ( KBH: 14.98, +0.21, +1.42% ) , Hovnanian ( HOV: 4.51, -0.15, -3.21% ) , Pulte ( PHA: 24.04, +0.06, +0.25% ) and Toll Brothers ( TOL: 20.70, +0.23, +1.12% ) , have come off their lows in the past several weeks.

It's all comes down to jobs. There are a zillion caveats to any positive home thesis, but the big one is unemployment. If the economy is not creating jobs, the chance of a rebound in housing is diminished. It's hard to buy a home without a job, and folks who aren't working don't want to take long-term risks.

The housing market still looks pretty bleak: There were a record one million foreclosures last year, home prices are still falling in many regions and the number of "underwater" properties is at a record high. The US job market is still struggling and the debate is hot about when it will recover. Optimists see recovery this year. Pessimists see pain for several years ahead. How this X factor gets resolved will say a great deal about whether housing will rebound.







Read more: 4 Reasons to Buy a Home Now - SmartMoney.com http://www.smartmoney.com/personal-finance/real-estate/-1295050347411/#ixzz1Be0SqEED
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Monday, January 17, 2011

Global Inflation Finally Hits Home

NORRIS CITY, IL - OCTOBER 03:  An oil well sit...Image by Getty Images via @daylife
The United Nations food agency (FAO) kicked off 2011 by announcing that December of 2010 saw food prices eclipse the record levels hit during the 2008 food crisis, which triggered riots in Egypt, Cameroon, and Haiti at the time. The current spike in food prices has already caused violent food riots in Algeria, Tunisia, Morocco, Yemen, and Jordan. Food inflation has already hit double digits in China, India and Brazil. It's not hard to see why when you look at how some of the major soft commodities have performed over the last 12 months:

•Corn: + 69%
•Wheat: + 47%
•Soy Beans: + 44%
•Sugar: + 15%
•Coffee: + 65%
•Cotton: + 105%

While these price spikes are causing food and clothing prices to rise, those effects will undoubtedly be exacerbated by the simultaneous rise in energy and raw materials we have seen:

•Oil: + 15% over 12 months and + 30% since the August, 2010 low
•Copper: + 30%

You can see by the chart that commodity prices bottomed in the spring of 2009, just about the same time the stock market regained its footing. There was a bit of a dip in the summer of 2010, but prices took off again after Fed Chairman Ben Bernanke's August of 2010 announcement that QE2 was on the way. Prices have continued higher since then, with the Fed officially announcing QE2 in November of 2010.

It would be easy to blame the food riots in Africa on the Fed's quantitative easing policy. To be clear, it probably has been a factor in the rise of commodities, and asset prices in general. The only asset classes that haven't been boosted are those we really want to rise, such as bonds and U.S. housing prices. Still, there are many other factors that are contributing to food price spikes:

•Russian Wheat: Drought in the summer of 2010 damaged the Russian wheat crop.
•Canadian Grains: Too much rain last spring and summer in the prairie provinces led to lower quality crops and decreased output.
•U.S. Crops: The recently released U.S crop report estimated that corn and soy bean output will be lower than expected.
•Australian Floods: The horrific flooding in Australia has damaged many key crops, including wheat. Food prices have been soaring in Australia, with the price of tomatoes rising 20% in one week.
•Argentinian Drought: Argentina, a major soy bean producer, has been experiencing dry conditions due to La Niña that could put a serious damper on output.
•Brazilian Floods: Deadly flooding and mudslides in Brazil have also damaged crops.
•Economic Recovery: The recent improvement in economic data has led to speculation that commodity demand will rise, further fueling price appreciation.

While Mr. Bernanke's QE2 program might be inflationary, or even hyperinflationary, you can see that there are plenty of other reasons for commodity prices to be rising. Weather has been a huge factor, and, according to John Mauldin's sources, volcanic activity in Russia's Kamchatka Peninsula may continue to contribute to exaggerated weather patterns, commodity volatility and food price inflation a while longer.

The 2008 Food Crisis
If you look at the left side of the chart above, you'll see the most recent commodity price peak in the summer of 2008. You'll recall that, by that time, the cracks in the U.S. housing and stock markets were already showing, but that commodity prices continued to rise - until they stopped. Remember $140 oil? Do you also recall how it proceeded to fall to $35 in just 6 months? Now the price of oil is already back at $90.

Back in the summer of 2008, as commodity prices were peaking, we saw hoarding of food products like rice, and riots across several countries. But all of a sudden, those types of headlines disappeared. Did the food crisis disappear? Addison Wiggin of The Daily Reckoning, writing about The Food Shock of 2011, thinks not. Still, the riot headlines were replaced by financial crisis/commodity crash headlines for a while.

Of course, the financial crisis caused a collapse in all asset prices, especially commodity prices. That brought down the price of many agricultural commodities as well, relieving some of the pressure on food inflation. But once the market recovery took off in March of 2009, commodities led the way and have once again outperformed many other asset classes - nice for investors, but not so great for poor people who need to feed their families.

The 2011 Food Crisis
If you've been to the grocery store over the past year, you know that food prices have been rising. Personally, our grocery budget increased 10% in 2010 and I added another 6% for 2011. I may have to increase that further in light of the recent acceleration in food costs. How long will this food price spike last and how will it end? Of course, no one knows for sure. There are numerous variables that could affect the course of events:

•Supply Problems: If weather-related supply problems continue, prices will keep rising and those least able to afford it will be hurt the most.
•Financial Influences: As central bankers continue to stoke asset price inflation with easy monetary policy, emerging market economies may be forced to raise rates in order to fight inflation. On the other hand, if another global financial crisis erupts, that would likely send all commodity prices plummeting.
•Demand Acceleration: Increased demand coming from the emerging middle class in developing nations means more mouths to feed with fewer, more expensive food supplies. In addition, our decision to use food to fuel our vehicles isn't looking like such a great idea at the moment. Most folks would rather feed their kids than their car.

Recently, we've been blessed with years of record crop output, so we've been able to meet the increasing demand coming from the growing middle class in developing nations. Analysts like Don Coxe, however, have been warning for years that it wouldn't take much of a disruption for our luck to run out, leaving us to deal with food shortages, price spikes, and the resulting civil unrest. Swings in the above factors one way or another will determine how long the food crisis lasts and how (or if) it will ultimately resolve itself.



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Friday, January 14, 2011

Foreclosure ruling could be setback for banks

Wells Fargo bank in Conrad, Montana with autum...Image via Wikipedia
The highest court in Massachusetts agreed with a lower court ruling that two home foreclosures were invalid and found that lenders Wells Fargo Bank and US Bank had failed to prove they owned the mortgages. Massachusetts' highest court upholds the invalidation of two foreclosures in a case involving mortgage-backed securities, saying Wells Fargo and US Bank failed to prove they owned the mortgages.The case, which dealt with loans that had been pooled into mortgage-backed securities, could be another significant setback for the home lending industry.

"Since this is the first real state supreme court ruling, you can bet that an awful lot of judges will be looking at this case," said Rebel A. Cole, a DePaul University professor of finance and real estate. "This is really going to cause a lot of problems" for mortgage lenders. The two foreclosures were made in the names of Wells Fargo and US Bank. Neither of the banks, however, had written the mortgages. Instead, they were acting as trustees, or financial caretakers, for pools of loans made and serviced by other lenders.


The principles underlying the ruling by the Supreme Judicial Court in Boston may apply in other states, including California, said Walter H. Hackett, a Walnut, Calif., attorney who has represented aggrieved homeowners in mortgage cases.

Such rulings could make it easier for distressed borrowers to obtain loan modifications while mortgage ownership issues are sorted out, Hackett said. But he cautioned homeowners not to interpret the case as a "free house" ruling absolving delinquent borrowers of their debts.

The American Securitization Forum, a trade group for the mortgage securities industry, said the problems with the two mortgages in the case involved improper paperwork but not flawed procedures and suggested the decision would not have widespread effects.

A spokeswoman for US Bank's parent company, US Bancorp, said the court's decision wouldn't affect the company's bottom line because the firm was only the trustee for the pool of loans at issue, not the owner of the mortgage. Both banks said that as trustees they were acting only on behalf of the mortgage-servicing firms in foreclosing on the loans.

The Massachusetts ruling came months after the mortgage industry was rocked by disclosures of widespread "robo-signing" — the practice at big banks of having employees certify in court to facts underlying foreclosures without taking the time to read the supporting paperwork.







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