
http://www.realestate-bayarea.com/Uploads/19/24/11924/Gallery/Trends_2010-10.pdf
Home Buying Trifecta: Right House, Right Price, Right Rate
By: Robert Kleinhenz, Ph.D. deputy chief economist
The California housing market showed more signs of adjustment as it moved further from the influence of tax credits earlier in the year and as it responded to evidence of a weaker than expected economic recovery as the year has progressed. Statewide sales rose in September for the second month in a row to 466,580 homes, a 3.8 percent month-to-month gain over sales of 449,290 homes in August. Sales continued to lag last year’s pace, declining 12.2 percent compared to 531,180 sales a year ago. The median price rose 4.5 percent over last year from $296,610 to 309,900, while decreasing 2.7 percent from the August median of $318,660. The monthly decrease was larger than the average August-to-September 1.7 percent decline over the past 30 years, but was consistent with current market conditions.
The months ahead offer a prime opportunity to seek the home buying trifecta: finding the right home at the right price for the right mortgage rate. Here’s why:
• First, there is a wider variety of homes on the market now, including a mix of REOs, short sales, and conventional or non-distressed homes for sale. This means that buyers have more to choose from than in the past two years.
•Second, home prices have stabilized or risen in most
•Third, mortgage rates are at their lowest levels in over 50 years, pushing the monthly payment down dramatically. For example, if one buys a home at the September median price of $309,900, puts 20 percent down and obtains a 30-year mortgage at 4 percent, the monthly mortgage payment would be $1,330. If rates climb to 5 percent, the payment increases to $1,500, or an additional $2,040 per year. If rates climb to 6 percent, the monthly payment would be $1,670, or an additional $4,080 per year. The savings in just two years would exceed the value of the $8,000 tax credit that motivated many households to buy in 2009 and the first half of 2010. With high unemployment, constraints on consumer credit, and assets that have lost value in recent years, households will face ongoing challenges in the months ahead. Still, the next few months offer a rare chance to “win” the buyer trifecta. Rates are at or near their lowest levels now, but will rise as the economy gains strength. The supply of homes is better than last year, but points to stable or modestly rising home prices over the near term. In the end, if a household is in a position to buy and if it finds a home that will meet its needs for the next several years at a monthly payment it can afford, then it cannot lose if it acts soon.
Foreclosures are setting off fresh tremors across the country but not because of any surge in unpaid loans. An elaborate system designed to assure good title to your home and solid assets on lender books has been shaken by revelations of botched foreclosure affidavits.
This is a problem because courts rely on sworn affidavits as evidence, and it appears that large numbers affidavits were signed but not read. If an affidavit has not been read then it's possible lender claims are wrong. Since we don't know which affidavits are accurate and which are not, massive numbers of audits will now be required to find out if any owners unfairly lost their homes. Already court systems and title insurance companies are tightening standards to protect homeowners, many areas have set up foreclosure freezes and state prosecutors have begun to investigate past foreclosures for evidence of fraud.
Because owners missed payments few foreclosures are likely to be reversed as a result of affidavit worries but other questions have emerged, questions which bring uncertainty into the financial system.
“It's important to get the process right to assure that both homeowners and lenders are protected,” says Jim Saccacio, Chairman and CEO at RealtyTrac.com. “At a time when a quarter of all residential sales involve foreclosures it's in everyone's interest to be certain that titles are clean and that all court actions have been by the book.”
Step 1: A Note Is Created
It used to be simple: Local lenders made local loans and kept them. Such “portfolio” lenders still exist but now the odds are overwhelming that the cash you receive at settlement comes from far, far away — and that the party who originated your mortgage no longer owns the loan.
To figure out how the lending system really works today let's start with you. You want to finance or refinance a home. In exchange forcash from a lender you agree to repay the debt over time and with interest. Your promise is in writing in the form of a mortgage note. You pledge the property as security for the loan — if you don't make payments the lender has the right to take the house through foreclosure.
The “lender” could be a bank, credit union, savings and loan association or insurance company but most likely your loan was originated by a mortgage broker or a mortgage banker. In general terms, a mortgage broker sells loans from lenders who have cash while a mortgage banker has the capital to finance the loan.
The reason for such sales is that if a loan originator has $5 million and makes 20 mortgages for $250,000 apiece he has no more money to lend. If he sells the loans he has fresh capital and the ability to make more mortgages and generate more income. Originators without cash simply retail loans from sources with capital such as big banks or insurance companies.
You got cash and the lender got a mortgage note and the promise of repayment when you financed your property. Now your loan originator gets cash by selling the loan and passes the mortgage note to buyers on Wall Street, a process which is now entirely common: In 2009 mortgage-related securities worth nearly $2 trillion were issued.
Step 2: Notes Move To Wall Street
Once on Wall Street your mortgage and other mortgages can be bundled together to create a mortgage-backed security (MBS) or a collateralized debt obligation (CDO) — a combo security stuffed with mortgages, car loans, credit card debt, student loans and other forms of debt. Generally such investments are described as mortgage- related securities.
None of this happens easily or automatically — or without lots of fees and charges.
First, we need an “issuer” to create securities that can be sold to investors. This is a bankruptcy-remote special purpose entity, meaning that the loans cannot be taken by creditors if the issuer goes bankrupt.
Next, an underwriter organizes and sells the mortgage-related securities to investors. The investors want the cash flow from the mortgage interest paid each month by borrowers. The underwriter also creates a market so investors can buy and sell interests in the mortgage-related securities.
For their part the investors want to know that their mortgage-related securities are good, marketable and insurable. To get this information they rely on “raters” who evaluate each security to determine the level of risk it represents — less risk means a lower interest rate, more risk requires a higher interest rate for investors, if they will invest at all.
Investors also want their securities to be protected so that if a large percentage of loans fail there's a financially strong third party to step in and limit losses. This third party — what most of us would call an insurer — provides a “credit enhancement” in the form of guarantees to investors.
Step 3: Dividing Ownership
If you buy one share of IBM you own the whole share, but with mortgage-related securities investors buy a piece of the action called atranche — a French word which means such things as slice, block or section. In a sense tranches are like mortgages. If a house secures two mortgages and the owner is foreclosed, the claims of the first loan must be completely satisfied before the second lien holder gets a dime. With mortgage-related securities the claims of the first tranche holder must be paid off before other investors can receive any cash. Of course, this also means that the first tranche has a lower interest rate because it represents less risk while second tranches have higher rates because they're riskier.
Step 4: Investor Representatives
Once the mortgage-related security is created we next come to the practical problem of day-to-day loan administration.
A trustee is appointed to represent all the investors who own the mortgage-related security. The trustee hires a servicer to collect the borrower's monthly payments, release mortgages when paid off and foreclose if necessary. The servicer is a “special” agent who must act within the rules established under a pooling and servicing agreement (PSA) with the trustee.
If we go back to the first step we can see that the borrower got cash and the originating lender received a mortgage note. Once on Wall Street, ownership of the loans is recorded within MERS — the mortgage electronic registration system. MERS then appears to be the nominal holder of the note and the note can be used to create a mortgage-related security. In turn, the mortgage security can be bought and sold without changing local property records to show new ownership of the borrower's mortgage note. Of course, if the borrower doesn't make payments the note can be used to force a foreclosure.
But Is The System Failsafe?
The mortgage financing system appears to be bullet-proof, with lots of protections, safeguards and certainty built in for both borrowers and investors. Unfortunately, no financial system is without risk and much of the mortgage meltdown is related to failures within the mortgage financing system — big failures.
In the end it turns out that the financial fortress created to transform home loans into securities has more holes than an old cheese. The result is a new and harsh look at the system from borrowers, lenders, investors and regulators — to say nothing of courts, trial attorneys and state prosecutors.
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On Saturday, we looked at the newest effort by the Obama administration to address the threat of foreclosures from borrowers who are underwater, or who owe more than their houses are worth.
If it works well, the program could deal with the risks of strategic default, from homeowners who could afford to make their payments but choose not to because they’re so far underwater. But the story noted how many of the knots that have snarled previous modification efforts—including dealing with second liens and contracts that govern mortgage securitizations—could also stymie the latest initiative.
Here are some answers to the most frequently asked questions:
Q: Who can participate?
Generally speaking, the program is designed for borrowers who are current on their loans and owe more than their properties are worth. Borrowers are refinancing into FHA-backed loans and must be able to meet all traditional underwriting guidelines (including a minimum credit score of 500 and an income that can support the current loan payments).
Loans already backed by the FHA can’t participate. Fannie and Freddie aren’t currently participating in the program, though it’s possible that they could decide to do so in the future. Fannie and Freddie currently have programs to allow borrowers to refinance loans for borrowers that are underwater, up to 125% of the property’s value.
Q: How does the program work?
If a borrower owes more than the property is currently worth, the bank or investor that owns the loan—and the company that services the loan (i.e., the company that collects monthly mortgage payments)—must agree to reduce the loan balance by at least 10% so that the new loan is no more than 97.75% of the home’s current value.
If they’re willing to take the loss, the borrower must agree to refinance into an FHA-backed loan at today’s interest rate.
Q: What costs could borrowers face?
Borrowers will have to pay transaction fees associated with refinancing. Because they’re getting an FHA-backed loan, they’ll also be paying mortgage insurance.
Q: Will participating in this program affect my credit score?
Yes. Lenders are forgiving some principal, which will be reported to credit bureaus.
Q: Can I use this program on an investment property or second home?
No. Borrowers must occupy the property. The FHA doesn’t finance second homes or investment properties.
Q: What if I have a second mortgage?
The combined mortgage debt on the first and second mortgages must be no greater than 115% of the property’s current value. The second-lien holder must agree to the refinance, and if the combined loan to value exceeds 115%, either the first- or second-lien holder (or both) will need to reduce the loan balance further. The government will make some incentive payments for second-lien holders that reduce principal.
Q: If my loan was modified by my bank, under HAMP or under a different program, can I participate in this program?
Maybe. If the modification was made under the Home Affordable Modification Program, or HAMP, the borrower is eligible one month after the HAMP modification is made permanent. If the modification wasn’t made through HAMP, the borrower must have made three monthly payments on time, and the modified mortgage must be current. If the loan is in a temporary or trial period, it isn’t eligible.
Q: What should I do if I think I’m eligible for the program?
Mortgage servicers—the companies that handle monthly payment collections—will ultimately decide whether borrowers can participate. Borrowers should talk to their mortgage servicers to see if they are eligible.
Because the program is voluntary, the investor that owns the loan will need to agree to the write-down. If there’s a second mortgage involved, then that creditor will also have to agree to participate. If the loan was bundled into a pool and sold to investors as mortgage-backed securities, then the servicer will have to decide whether to participate on behalf of the investors.
It’s also important to remember that because the program is new, servicers may be unfamiliar with it at first. While some servicers have hired lots of staff to deal with a crush of modifications and foreclosures, it could still be a while before banks are fully ready to refinance loans through the program.
If your bank says they’re not participating or that they don’t know about this program, you might refer them to some materials that have been issued to banks to help them become familiar with the program.
Q: How is this program different from HAMP?
The so-called “short refinance” initiative differs from other modification programs because it’s available only to borrowers who are current on their loans; so far, most modifications have extended help primarily to borrowers who are delinquent.
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Home buyers are an increasingly rare breed these days. Many who were eager to buy a house raced to take advantage of federal homebuyer tax credits. When those government perks expired in April, home sales essentially went into deep freeze, plummeting to levels not seen in more than a decade, according to the latest numbers from the National Association of Realtors.
Still, the Realtors project that nearly 4 million existing homes will sell in 2010. First-time buyers, without the burden of a home to sell, could benefit from the foul market–and the record low mortgage rates.
But woe to the overconfident buyer. Here are five common missteps that first-time home buyers make.
1. Snubbing the real estate agent
With so many websites offering a mass of data on listings, who needs an agent? Most people, actually. Finding a house and figuring out comps–the price of comparable homes on the market–is the easy part. Managing the nuances of offers, inspections, financing and all the other pivotal steps to buying a home is where many new buyers tend to get tripped up, says Shii Ann Huang, an associate broker with The Corcoran Group in New York.
When you hire an agent to act as your "buyer's representative," she's obligated to put your interests first, even if her commission is paid by the seller and based on the sale price. Skeptical? That's all the more reason to find an agent on your terms. Ask friends and acquaintances for referrals and interview two or three candidates before deciding.
But don't let the agent find you. When Viviane Ugalde and her husband, both physicians, bought their first home in Sacramento nearly two decades ago they made this mistake. "We stumbled onto an agent when she saw us peeking in the windows of an empty house for sale," Ms. Ugalde recalls. The agent, who happened to live on the same block, came out of her house (wearing pajamas), offered to show the couple around the neighborhood, and ultimately helped them find a house. Then the agent, who was new to real estate, neglected to show up for the closing. "It was scary and confusing signing what seemed like a thousand pages," says Ms. Ugalde.
2. Guesstimating how much you can afford
Many buyers mistakenly take a do-it-yourself approach to financing. They use online calculators to estimate how much house they can afford, dive into the house hunt and then get a dose of cold water when lenders refuse to qualify them for that amount. "The process is so different than it was four or five years ago," says Diann Patton, a broker with Coldwell Banker in Grass Valley, Calif. Not only are lenders reading loan applications closely, she says, they're verifying employment and running credit checks multiple times during the process.
Make a date with a mortgage broker or banker before you get serious about your search, says Ms. Patton. Remember, too, that the costs of buying and owning a home go well beyond the sticker price. While online calculators do take into account property tax and insurance, it's up to you to account for maintenance costs, moving fees and association dues.
3. Letting charm cloud your judgment
No one will fault you for falling hard for a charming older home. But, unless the house has been painstakingly remodeled or you're prepared to pay for repairs and upgrades, an old house can quickly lose its allure. Last year Alison Koop, a public relations manager for the University of Washington, came dangerously close to saying "I do" to a seemingly fabulous mid-century home in northeastern Seattle. Ms. Koop was so smitten with the big windows and vaulted ceilings in the living room that she neglected to notice the exposed wires, shoddy roof and other structural problems. Any delusions Ms. Koop had were laid to rest in the guest bathroom. "When the inspector turned the faucet on," she says, "the spigot fell off, hitting the floor of the tub with an exclamatory thunk."
If you're considering an old home, don't let the inspection be your last line of defense, says Jay Papasan, vice president of publishing at Keller Williams Realty. "Negotiate a long due diligence period," he says. That gives you time to get real estimates from contractors and back out if need be.
4. Focusing on the house, not the hood Of course, new homes aren't without their drawbacks. Recently, many newly built homes experienced serious problems with Chinese-made drywall, for example. Proceed with care whatever the home's age.
In hindsight, many buyers say they wish they'd taken their due diligence a few steps further to really get to know all the perks, quirks and hassles of living in a particular place. You can always fix up the house, but there's no easy remedy for annoying neighbors, oppressive homeowner association rules and marathon commutes. When Laurie Tarkan and her husband bought their first home in 2001 they were so infatuated with the circa-1924 three-bedroom cottage that–in addition to brushing over some of the headaches of an old house –they didn't give a whole lot of thought to its somewhat out-of-the-way location about a mile from downtown Maplewood, N.J., a popular New York suburb. "As a first-time buyer you're not aware of all the things you should think about that aren't about the house," says Ms. Tarkan, who after living in New York City for 17 years, still hasn't gotten used to driving everywhere.
Spend as much time as you can in your future neighborhood, ideally on different days and times. Eat in the restaurants, drop in a yoga class, test drive your commute.
5. Making arbitrary offers
With housing inventory running high and sales at record lows, in most markets, there's no shortage of houses for sale and sellers desperate to get out from under them–all the more reason to hold out for the right house and the right price. But when you find that perfect house, don't assume you can lob a lowball offer or make unreasonable demands. Even in hard-hit markets, nice houses in desirable neighborhoods are fetching multiple bids.
If the house has been on the market for months, you probably don't need to worry about other buyers lining up behind you. Make an offer based on recent sales for comparable homes, foreclosure activity and market trends, and don't be afraid to start the bidding low. If the house is fresh on the market (or recently foreclosed) and other buyers are circling the block, put your best foot forward but don't get suckered into a bidding war.

NEW YORK (CNNMoney.com) -- Despite a recent spate of bad news coming out of the housing industry, home prices show signs of stabilizing.
National home prices jumped a substantial 3.6% in the past year, according to the S&P/Case-Shiller Home Price Index released on Tuesday. Prices also climbed 4.4% in the second quarter compared with a 2.8% plunge in the first quarter.
"While the numbers are upbeat, other more recent data on home sales and mortgages point to fewer gains ahead," said David M. Blitzer, chairman of the Index Committee at Standard & Poor's. "Even with concerns about near term developments, we recognize that the housing market is in better shape than this time last year."
Of course, the positive report was buoyed by the government's tax credit program, which refunded as much as $8,000 for homebuyers. With that program now over, markets could cool.
"We all know what happened to housing after the homebuyers tax credit ended," said Mike Larson, real estate analyst for Weiss Research. "It's been an Acapulco-sized cliff-dive."
And because this report is a lagging indicator, Larson adds that "it would be foolhardy to think that this report tells us that prices will continue to rise." Instead, he expects prices to slowly deteriorate over the next several months.
In fact, home prices across the country could be substantially lower a year from now, according to Pat Newport, an analyst with IHS Global Insight. "It's now apparent that the demand for housing is a lot weaker than anyone thought," he said.
That has resulted in a glut of inventory, which a slew of bank repossessions of foreclosed properties is only making worse. Plus job gains are still proving elusive.
"These three factors are enough to bring home prices down," Newport said.
A market basket of 20 metro areas tracked by the S&P/Case-Shiller home price indexes showed that prices gained in all markets but one. The index is up 4.2% year-over-year, well above a 3.1% forecast from industry experts as compiled by Briefing.com. The month-over-month gain was 1%.
"Las Vegas was the only city to record a fall in prices during June (-0.6%), compared with a month earlier. All 19 other markets were either up or flat, with Chicago, Detroit and Minneapolis the biggest winners. Each gained 2.5%.
Fifteen of the 20 cities recorded 12-month price rises, with San Francisco leading the way. Its 14.3% increase was one of three cities posting double-digit gains, with San Diego prices jumping 11.2% and Minneapolis 10.7%.