It’s not news that the housing meltdown continues in 2010. Just ask any one of the millions of homeowners who are receiveing Notices of Default this year.
1. Foreclosure rates show no sign of slowing
2. Foreclosures rates are increasing in the best neighborhoods. High-end homes are now feeling the price pressure as a result.
3. The unemployment rate continues to rise. It is expected to continue to rise throughout 2010.
4. Commercial property in the US is the next major industry to implodefollowed by credit card companies.
5. Inflation can only be kept in control for so long – expect rising prices worldwide starting in 2010.
6. The gov’t cannot continue the bailouts – too expensive
In fact, there’s no reason to expect that there will be ANY upward pressure on home prices in the near future. Actually, a recent report predicts that a full 48% of homeowners will be “upside-down” on their home mortgages by the end of the year. We are likely to see continued price erosion in the coming months before the decline stops and we bottom-out. The loan modification process is getting nastier. The backlog of cases is unmanageable, and growing every day. Banks can’t hire and train fast enough to keep up. Negotiators have as many as 300 files in their charge at one time! And the settlements are not adequate (witness the high percentage that are failing) and real, meaningful principal reductions seem like so much hype at this point.
More than ever, you need to use every tool available to save your home! During the housing market run-up, lenders loosened their underwriting standardssome would say they abandoned themto sell more and more loans to meet the seemingly insatiable Wall Street demand for mortgage-backed securities (MBS). Loan originators, many of whom had been hastily recruited, poorly trained and with no experience in any other market condition, cut corners to meet high sales quotas. Lenders, brokers, appraisers, Realtors, and Home Inspectors responded with what has now been labeled predatory lending. Predatory Lending is unethical and some actions are illegal. Some violations have remedies that are inconsequential to most borrowers. After all, do you really care if Chase gets a nasty letter from a regulator, or if Wells Fargo gets cited for failure to provide triplicate copies of disclosures? No, what you care about is whether/not the error or omission or commission can now benefit you by improving your negotiating position in your loan workout. Predatory Lending was common. Actually, experts estimate that MOST Adjustable-rate mortgages, taken during the 2003-2008 timeframe evidence violation of consumer protection laws. Whether through unintentional errors caused by haste or through greed and blatant disregard for the law, the violations may now provide the leverage you need to negotiate a good workout solution.
The most frequently cited violations are as follows:
1. Charging fees without providing the services
2. Charging excessive points (more than needed to buy-down rate), higher interest rates or high fees
3. Charging for private mortgage insurance when the borrower did not need it
4. Adding a single-premium life insurance policy (one that pays the mortgage if the borrower dies) and charging the premium in the loan – without prior knowledge and consent of the borrower.
5. Equity Stripping – refinancing so frequently that the fees charged “strip equity” and leave the homeowner in a risky position
6. Not fully disclosing loan terms
7. Use of low (aka “teaser”) rates with adjustable-rate mortgages to get buyers to accept loan products that are high risk
8. Falsifying (or knowingly participating in falsification) of any facts (income, home value, assets, etc.) on application to enable the borrower to qualify to borrow more than they should
9. Pushing a more expensive product for personal gain – even if the borrower could qualify for a lower-priced loan
10. Targeting poor, uneducated, elderly or minority groups with unfair loan products and taking advantage of their vulnerability
11. Failing to take into account “borrowers’ best interest”
12. Promising refinancing in a short period of time – as a way to get borrowers to accept bad loan terms, etc.
If there is evidence that your lender acted inappropriately in selling you a high interest-rate or high fee loan, or by illegally “assisting” you in preparing the documents, or by approving a bad loan, you may have additional leverage to use in your loan modification or even in a lawsuit. What if I told you that your lender violated three laws in at least seven instances during your loan process? What if one of those violations was serious enough to warrant a lawsuit! Would that give you confidence going into negotiations for a deed-in-lieu or a modification? Oh, yes indeed. Lenders and loan originators were pretty well versed in the law and how to skirt the fringes of the law. So, often your findings will not reveal egregious violations. Rather, the audit may uncover “pattern of inappropriate actions” that, taken altogether, show disregard for your rights and caused you damage. It is in the presentation of the “evidence” of violations that your case can be made and your purpose achieved.
I recommend a Forensic Loan Audit for clients if:
1. your loan was purchased during the 2002-2008 timeframe
2. if your loan was sold to you through an independent broker (not an employee of the lender)
3. if loan is an ARM, negative-amortizing loan, “Pick-a-Pay” Option ARM loan, or interest-only type
4. if the loan is a sub-prime loan or an Alt-A loan
5. if the loan had any pre-payment penalties
6. if your loan was a no-doc (stated-income) loan or low-doc (minimal documentation) loan
7. if you felt “hustled” to get the loan or sign the documents
8. If you were pressured to accept terms and costs that you had not been advised of earlier…with promises of a refinance in the near future to a better loan
9. If, when you took the loan, your Debt-to-Income Ratio exceeded 40%
10. If you were pressured to accept mandatory arbitration, limiting your legal rights.
Is Legal Action worth it? The modification process is a negotiation. Therefore, the more leverage you have the more likely you are to suceed. Evidence of lender violations of TILA, RESPA, HOEPA or any number of state or federal consumer protection laws can give you an edge in the negotiations. Forensic Loan Audits are required to identify these violations. These audits can be expensive. They are performed by professional auditors who are specially trained in this area.
Three 2010 observations
I am convinced that Forensic Loan Audits give leverage to homeowners in loan modifications negotiations. Workouts are routinely concluded faster and better for borrowers who present such information during the negotiations. Secondly, I have observed that the power isofte in the effective use of the information. That is, even common results from an audit can be used effectively in negotiations as a signal that you are serious about the negotiations and will not just stand in line…like everyone else. finally, I’ve seen that often there are what I call “low-hanging fruit”. These are clear violations of a serious nature that can be readily identified. An informed consumer can spot these violations without too much effort. After that it is simply a matter of finding a trustworthy auditor. More on this topic, next time.
Want to find out more about actually getting loan modifications? Visit Rockwood’s site about DIY Loan Modiification at Home Loan Modification