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Bailouts and Short Sales: Where Will it End?

Friday, November 21, 2008 | Ethan Roberts

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A very strange thing happened this past week. I received a call from a former customer asking for a consultation on setting up a "short sale" with her lender. A short sale is one in which the proceeds of a real estate sale fall short of the balance owed on the property, and due to financial hardship of the borrower, the lender agrees to allow a home to be sold for less than what is owed on the mortgage. But what was unusual was instead of her being in default on her mortgage payments, she was actually paid up and current on them, but still wanted the bank to allow her to short sale the home!

Let me explain. A little over a year ago, she and a partner had purchased a very pristine, yet inexpensive three bedroom home in a lower middle class neighborhood. The home was purchased as an investment property for the purpose of creating a residential Assisted Living Facility (ALF) for adults with mental disabilities. The woman and her partner had done all the right legwork to procure the proper documentation, license, etc. In addition to wanting to help the less fortunate, they were also working under the assumption that this would be a profitable venture for them. They were very nervous, yet excited when they closed escrow on this investment.

However, as the months went by, they began to realize that this ALF was not going to be the profitable enterprise they had envisioned. They had secured one full-time resident and a few others from time to time, but only for respite (temporary) care.  While they weren't losing money, they were really only breaking even, given their income versus the money needed to pay the mortgage and other expenses.

The problem was the surrounding neighborhood. While the street on which the home was located was not too bad, the neighborhood was located in an area of town that was substantially blighted. When the relatives of an applicant would come to preview the home, they would have safety concerns about the area, and therefore would not want to put their loved one in this facility. This was unfortunate because the care being provided was actually very good, and despite the unseemliness of the neighborhood, they had never experienced any crime or trouble before.

So when the woman and her partner contacted me, their intent was to sell this home and find another property for their A.L.F. in a better part of town. The thinking was that since prices had come down, they could find a home in a better location for the same amount they had paid for this home.

In fact, they had already secured a buyer for the home. The problem was the buyer only qualified for a loan on a sales price some $15,000 less than the amount needed to pay off the mortgage. So they wanted to know if I could assist them by working with the lender to allow a short sale.

This was a totally new situation for me, and I was somewhat appalled by the idea. I explained to them that short sales are designed to help people who are unable to make their mortgage payments, and at risk of foreclosure. I added that it was doubtful that any lender would allow them a short sale unless they were behind by several months on their payments. I also cautioned them that by purposely falling behind on their payments, or simply by doing a short sale on the home, they could seriously impair their credit scores for a long time. If their intent was to buy another investment property, it could be years before they would be able to do so.

They replied that they had explained to the lender that although they are now current on their loan, they could soon be losing their one full-time resident, and that would put them at risk for a future default. What shocked me is that the lender actually told them to fill out the short sale paperwork, and send it in for consideration! This is one listing I am going to pass on taking. Enough is enough.

I am relating this story because it is the perfect example of the financial madness that has recently gripped America, and is creating an escalation of both economic and moral destruction in our once great country. Wait, check that. America is still a great country, but too many of its people have now fallen into an amalgam of irresponsible behavior, dependency, and boorish entitlement, in a never ending quest for immediate gratification.


This idea was reinforced this week with the new homeowner's bailout program, as proposed by the Federal Deposit Insurance Corporation (FDIC). It seems that every other day now someone else becomes the purveyor of a new bailout plan. I can't keep up with them all, and I'm dizzy just thinking about it. In fact, Sheila Bair, the chairwoman of the FDIC, seems to be fighting with Henry Paulson and the Treasury Department over who has the best plan.

Several aspects of the FDIC bailout trouble me. First, I don't like that it kicks in after the borrower is only 60 days past due. Can't you just foresee thousands of people whose credit is already bad, purposely going into 60-day default, just to be able to renegotiate their loans? Additionally, in an effort to create an affordable payment for the struggling homeowner, Bair proposes the following:

1)  An interest rate reduction
2)  Extending the 30-year loan into a 40-year loan
3)  Forbearance of principal if necessary (ie. permanent deference unless the home is sold or refinanced)

And this is where the argument becomes sticky. On the one hand, Bair's proposals should help people to remain in their homes, which will slow the tide of foreclosures, and help to stabilize communities and home values. On the other hand, these ideas stick in my throat like an unseen bone in a fish fillet. Let's take a loan balance of $150,000, and see what happens to the monthly principal and interest payment when we modify it by interest rate or term:

Assume the homeowner currently has a 7%, variable rate mortgage. Their current monthly P&I payment is $997.95, with $122.95 of that going to principal. If the loan is modified to 6% fixed rate for 30 years, the new payment will become $899.33, with the principal portion starting at $149.33 (principal usually increases about two dollars per month, while the interest drops by the same amount). Change the term now to 40 years and the monthly payment drops to $825.32, but the starting principal drops to only $75.32 per month (see table). 

Int rate    30 years        Principal         40 years       Principal
7% 997.95  122.95   NA   NA
6% 899.33  149.33 825.32 75.32

      
With a 6%, 30-year mortgage, after 10 years, the owner will have paid off $24,472.06. But change that to a 40-year mortgage, and the principal paid after 10 years is only $12,343.46. That is an incredibly small amount of principal to pay down over such a long time frame.

Also, did you know that when you sell a home, between realtor commissions and closing costs you will pay at least 8% of the sales price? On $150,000 that is $12,000, almost the same amount of principal that was paid down on a 40-year loan over 10 years. The homeowner with the 40-year mortgage better hope for substantial price appreciation over the next 10 years!

In fairness to the FDIC, I certainly prefer their idea of reducing mortgage payments to no more than 31% of the borrower's income, as opposed to the 38% figure that was proposed by the Treasury Department's bailout plan. The 31% maximum is much more sensible if we are concerned about attenuating the future rate of loan defaults. Another interesting proposal is to reduce the interest rate down to 3%, rather than reducing the principal amount. I wonder if the lenders would agree to that.

The final idea of the FDIC is to have the government guarantee up to 50% of the loan value in the case of a re-default. That means once again, Tommy and Tammy Taxpayer will have to come to the rescue. Let's face it, if you can't make a 40-year mortgage payment with a 3% interest rate, you have no business owning a home!

However, missing from all of these bailout proposals is a plan for providing these high-risk homeowners financial education, to help them learn how to budget, save money, minimize debt, and avoid getting behind on their payments. This education piece is vital, yet nobody is proposing it! Without it, we are merely treating the symptoms, but not the root cause of the foreclosure problems. In fact, if we don't start doing a better job of educating our teenagers and young adults on financial matters and ethics, we will continue to see more of the same. 

This has been a difficult period for all of us, as we watch the government handing out bailout money like candy on Halloween night. Uncle Sam tells us the bailouts are essential, and will eventually restore stability to the stock market and to home prices. But like children who see another child getting more "loot", our eyes grow big and we want to know, "where's ours?" 

Not that the world was ever a fair place, but this is just crazy. We have bailouts for irresponsible banks and insurance companies, and people who bought homes they could not afford. Meanwhile, responsible, hard working folks who pay their mortgages on time, are forced to pay for it all so that our economy won't collapse. Wait, this news just in: Congress is now holding hearings to consider bailing out the auto industry! 

What's next, a bailout for Jimmy's Lemonade stand when business is bad after a rainy day?




Jimmy is all smiles, knowing Uncle Sam has his back...

We have morphed into a society of enablers for irresponsible and incompetent behavior, and it is frightening to imagine what effect this will have upon our economy in the long term. 

Where is the bailout for the hard working taxpayer? Looks more like the shakeout!

See you next week!



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Ethan Roberts
Contributing Editor
The Tycoon Report


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23 Comments

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  1. B (1 year ago) Is this Spam?

    No one in all this mess has bothered to find out what the senior citizens are doing as they slowly erode their life savings and are not getting any help. We are retired for eighteen years and are appalled at what is going on. When all of us run out then what? Should we try to get a mortgage so we can default on it?
  2. Ethan R (1 year ago) Is this Spam?

    Thank you all for some outstanding comments. There are no simple answers. Make what you think is a great suggestion and somebody else will tell you three reasons why it won't work. Obviously its going to be a long time before the whole mess works itself through. Have a great weekend, everybody, and Happy Thanksgiving!
  3. R.B. (1 year ago) Is this Spam?

    I agree with much of what this article says regarding responsibility. But it is not a simple issue. Many irresponsible Realtors and Mortgage Lenders roped thousands of 1st-time buyers into homes and mortgages they didn't understand or come close to qualifying for. Fully 85% of the foreclosures and short sales in my area are on Hispanics while only 50% of the population is Hispanic. These people got TAKEN, almost always by their own people because they didn't speak English (put 2 + 2 together). This was replicated throughout the country. Subprime, Option ARMs, Liar Loans, yeah! So unfortunately we have to unwind this. And people will fall through the cracks and some of the undeserving will get overserved. I think the Plan to reduce the mortgage payment by way of interest rate, term & principal balance to an income-adjusted level is timely, especially given that we may looking at a lot of unemployment for a couple of years. But, I also want to take this one step further. Let's take their credit card debt, add it to the principal balance of the new loan, statutorily limit their credit limits going forward to no more than 5% of their income and restrict their ability to take out new unsecured credit until the whole financing package is paid off, or the property sold or refinanced. Make these people live within their means more than just on their mortgage payment. And let the lender have a percentage of any gain on sale in exchange.
  4. Jim (1 year ago) Is this Spam?

    Ethan, You have hiy the nail on the head! Greed is so prevalent that we need to go in a another direction. Education and knowledge are key! Plus, more responsible business people, that different from those who know how to work the system. What about the bonuses for all these failing companies? I know, I am looking for jail-time for the irresponsible Executives! Thanks for venting and allowing we to do the same.
  5. alan (1 year ago) Is this Spam?

    i do not know what the numbers would be, but i am of the opinion that people in mortgage jeopardy should be given the option of increasing the length of their mortgage to reduce their payments. the length of the extension should be negotiable between mortgagee and mortgagor. there should be no other amelioration. if this causes pain to one or both parties so be it. they deserve it. neither party had any business entering into such a risky contract to begin with
  6. Alexis1956 (1 year ago) Is this Spam?

    Excellent Article and comments. Bravo!



    We need to consider the longer-term effects of the Bozos in DC. Our currency is at serious risk. It will likely fall in value as inflation really begins to kick-in.



    We are currently at a frightening inflecion point. Government debt, at all levels, is simply out of control. California is $ 28 Billion in the red. These characters don't believe in fiscal restraint, discipline or anything else that can make this system survive, let alone thrive. The feds currently have unfunded liabilities in the neighborhood of $ 65 - 95 Trillion! Yes, the nation is effectively broke and we have our wise politicians to thank, and to a certain degree ourselves. There is no free lunch, and I'm certain we will be forced to learn that hard lesson sooner or later.



    What is so ironic is that our congress is filled not with entrepreneurs, businessmen, merchants or regular self-made people. It is overflowing with lawyers, self-serving, power hungry wimps and others stuffing their pockets and faces at our expense. Lobbying has become an artful form of bribery and the hapless taxpayer is given no consideration whatsoever.



    I understand that congress is holding hearings to possibly seize 401K and IRA accounts and giving their owners worthless government paper, with petty interest rates, managed by the hapless government in exchange. A lifetime of honest effort, blood, sweat, tears and time stolen by people whom we will never know by the stroke of a pen. Outrageous!



    Think it can't happen? Well, it happened in Argentina and it can happen here! We have to remain vigilant because we can be sure that Washington will do whatever is politically expediant and damn the morality of right over wrong.



    Should the government raid the pension and retirement funds, they should take seriously the risk that the relatively now-sleeping masses will suddenly awaken from their ignorant slumber and strike back with a vengence. The voluntary tax compliance system could be brought down as a result when it is finally realized that the entire system is a protection racket, a shake-down if you will.



    I believe this could bring down the nation as a unified entity once the public trust in the system, and those who run it, has been completely destroyed.



    Politicians and lawyers are typically not creative thinkers. They are masters of inside-the-box thinking. Many are under the impression that their mere words and papers can change the course of rivers an world history. Well, that era is about to change folks, just like the tiny rudder on the HMS Titanic could change the course of the once mighty ship. Our ship of state is about to suffer the same fate unless we as a people wake up and force the changes necessary to save this country from the massive, ignorant stupidity now practiced in the halls of government.
  7. JJ (1 year ago) Is this Spam?

    Amen. Both management and line workers in the big three have contributed to their current failure. For years the unions have secured labor contracts that were instrumental in establishing an unprofitable company. In 2006, according to Forbes, the average worker at the big three made between $70 -$75/hour including benefits. This comes to an annual salary of $141,000 - $151,000. The average college professor that same year earned close to $93,000 with benefits. Toyota and Nissan were closer to $40 an hour for US workers. I have a college degree and would have been happy to make $40 an hour, much less $70. Management added to this disasterous recipe by mixing in their decision to keep making SUV's and other large cars when it was evident that the trend was going in the other direction. They continue to add to the financial debacle with excessive bonuses and traveling in private jets to beg the government for more money. Let these three go into Chapter 11 to "reorganize" and see if they really can run a profitable company. They need to go to the school of hard knocks. They have mismanaged the company for years. Why give these same people $25 Billion of taxpayer money? I would rather see that money put into companies that are creating other possibilities for energy efficiency in cars, homes, etc. or rebuilding America's infrastructure.
  8. chuck (1 year ago) Is this Spam?

    Ethan, This is a great article. Especially the point made "In fact, if we don't start doing a better job of educating our teenagers and young adults on financial matters and ethics, we will continue to see more of the same". We spend too much time learning how to earn a living, and not enough time learning about money and what to do with it when we get it. This leaves us open to snake oil salespeople and other losing propositions.
  9. jester112358 (1 year ago) Is this Spam?

    Great article as usual Ethan. It would be better to allow the defaults and foreclosures, including businesses and banks, to occur rapidly, purge the system and then adjust to the fact that likely only 50% of the population can really afford to own a house, though about 68% of the population current "owns" their house. The rest (~13%) will go back to renting-perhaps the very house on which they are currently in default. Since most don't have any equity in the house now, they certainly won't be worse off. The bank/government/taxpayers can rent the houses back to the deadbeats who aren't paying back their rent, and evict them if they miss a payment (or better garnish their wage directly or from any income tax return). They may have to give up "necessities" like cell phones and cable TV service, but boo hoo!



    Your section stressing the need for financial education was the key idea to prevent this kind of thing in the future. People must understand debt is a lien on future earnings, so you better be fairly sure of those future earnings before taking on too much debt!
  10. John (1 year ago) Is this Spam?

    If there is a bail out, I believe the Government should make every Federal Income Taxpayer a share holder in each of the car manufacturing corporarions. If those companies survive and make money, the Taxpayers will benefit.If the opposite happens, we all will suffer the loss.

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