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A Stunning New Prediction: Get Ready to Be Upside-Down on your Mortgage!

Friday, September 18, 2009 | Ethan Roberts

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Tycoon readers,

As promised last month, I will be updating you on the national real estate market on each third Friday of the month.

In last month's outlook, we looked at several positive and negative factors, including:

  • The $8,000 buyer's tax credit
  • Falling median home prices
  • Rising foreclosures
  • Increases in negative equity among mortgage-holders

This month, we have seen another increase in the number of closed sales, yet further declines in home values, more foreclosures on the way, and a frightening rise in the number of homeowners becoming "upside-down" (i.e., the value of their home is less than what they owe to the bank) on their mortgages.  

As each homeowner becomes upside-down on their mortgage, the chances of them selling in the near future become slimmer, as most people lack the cash needed to pay the difference between the net from the sale versus the mortgage amount owed.

Another 25% Drop in Store?

We have also seen a noted analyst make another shocking prediction on the housing market.

Meredith Whitney, noted bank analyst with her own firm, Meredith Whitney Advisory Group, was recently interviewed on CNBC.com as saying that, due to the high unemployment rate, the housing market could fall another 25%! 

Said Ms. Whitney, "No bank underwrote a loan with 10% unemployment on the horizon." 

She also predicted another leg down for stocks for the same reason.



Meredith Whitney makes a stunning, negative prediction...

So, according to Ms. Whitney, if your home is worth $200,000 right now, it could be worth as little as $150,000 before the real estate slide is all said and done!  

Since most people move an average of every five to seven years, this probably means that the majority of homeowners reading these words right now are either already upside-down on their mortgage, or will be soon.

Are you ready for that possibility?

For those who will need to sell their home, this raises an interesting, yet thorny, issue for the future. 

When people have to sell, but can't because they are upside-down on the mortgage, will they simply begin to walk away from their homes in droves?

Upside-Down ... Then Out Altogether


After all, let's consider the present-day economic consequences of simply allowing one's home to go into foreclosure.  Basically, they are minimal.  Sure, you will see your credit score fall as much as a few hundred points lower, but if you already own a decent car, have a job and plan on renting for the next three or four years, losing points on a credit score may not be the worst thing in the world. 

Over the next three or four years, if one pays their bills on time, they may well be able to re-establish a decent credit score. And at some point, they will be able to buy a home again -- and probably one that is far cheaper than the one from which they walked away! 

Now look, I am NOT advocating for people to do walk away from their homes!  So, please do not become irate and throw stones at me!  

I am merely saying that, in America, there are minimal pragmatic consequences for people who turn the keys over to the bank.  It may be emotionally draining and life-disrupting for families, but that's about the extent of it. 

In years past, if one foreclosed on their home, they would also owe back taxes on the difference between what was owed and what the home eventually sold for at foreclosure. 

However, the do-gooders in Washington decided that this was too harsh and modified that rule in "The Mortgage Forgiveness Debt Relief Act of 2007."
 
 

Irate reader misunderstands Ethan's intent... 

So Does it Pay to Rent or to Buy?

Recently we have begun to see a change in the ratio of home prices to rentals on a national level.  In diverse cities across the country -- such as Chicago, Detroit, Cleveland, Atlanta,  Phoenix, Tampa, Las Vegas and Miami -- the cost of owning a home has now been reduced to equal to or below that of the cost of renting. 

Just three years ago, the ratios were tremendously skewed toward renting being less expensive. 
 
Normally when this re-balancing occurs, people are more likely to take the plunge and buy a home.  But will fears of further declines in home values keep first-time homeowners from kissing their landlords goodbye? 

Are buyers willing to forgo the $8,000 tax credit on the chance that they can purchase a home for 25% less a year from now?  What if Ms. Whitney is wrong?
 


Who could resist...?

Meanwhile, as reported here a few months ago, the well-intentioned "road to hell" continues.  Reports from the Obama administration state they are on track to meet their goal of modifying more than 500,000 delinquent mortgages by Nov. 1. 

But the reality is that, for many people, the loan modification offers being made do little to nothing to stop their slide into foreclosure.  The national unemployment level reached 9.7% in August. 

Homeowners without jobs cannot pay their mortgages, whether it's the original $2,000 per month, or the well-intentioned, modified new loan at $1,700 or $1,800. 

The 'Best' May No Longer Be Good Enough

According to the Treasury Department, the banks that are participating in the loan-modification programs have only made offers to 12% of eligible borrowers.  So there is still a long, long way to go before anyone can claim success from these programs. 

Foreclosures continue to build up in the pipelines, as the number of foreclosures in-progress are now 88% higher than a year ago, and the defaults are being led by the prime mortgages -- that means the best loans made!

Meanwhile, Federal Housing Administration Commissioner Dave Stevens is warning of increasing evidence of "material and growing" challenges in the multifamily mortgage sector, which could have negative consequences for tenants.

Translation:  Apartment owners are not paying their mortgages, and increasing loan defaults could mean tens of thousands of tenants will lose their homes. 

The irony, however, is that this may have a stabilizing influence upon home rental prices, and/or lead to more home sales!

'Frankly' My Dear, I Don't Give a Darn!

And speaking of "do-gooders," here comes the lovable Barney Frank (D-Mass.) again, trying to revive the mortgage "cram-down" bill, that will allow bankruptcy court judges to "cram down" (i.e., lower) the principal amount of mortgages on primary residences.

Barney says he is disappointed by the lack of success with foreclosure mitigation efforts, and if things don't improve soon, he will again push for the cram-down bill -- a bill that was already defeated earlier this year in a Democratic-controlled Senate.

Critics of this bill say it will lead to more people filing for bankruptcy as an alternative to foreclosure, a notion that Barney Frank disputes. 

But the real problem with the cram-down law is that it will likely increase mortgage costs and interest rates going forward, and at a time of crisis in the real estate industry. 

The reason?  Because the lenders fear that, under this law, judges will be able to reduce principal from thousands of their loans that are now in circulation. 

So, to make up for that possibility, they will push interest rates higher.
 


Barney's new threat -- real, or just his usual tough-guy bluff?


Some Good News


But, as is becoming the norm, despite the struggles of the real estate market, not all the news this month is bad.  Mortgage applications have surged recently, with the numbers rising to their highest levels since late May. 

Consumers are taking advantage of ongoing lower interest rates, not just in re-finances, but also in applications for purchases. 

In fact, applications to buy a home this month were at their highest level since January 2009.

However, I had to laugh at a headline on CNBC.com yesterday that said, "Mortgage Demand Drops as Fixed Rates Rise."  Sounds ominous! 

But when you read the article, you discover that the drop took place during the Labor Day four-day workweek, and the interest rate rise was only from 5.02 to 5.06%. 

The headline makes it appear as if the interest rate rise is responsible for a decline in mortgage applications.  Just one more ludicrous example of how the popular media will say anything to make events that are simply correlations appear to be causal. 

Homebuyers are not delaying their purchases because the 30-year mortgage interest rate was up 0.06 last week!

Overnight Mortgage Averages:

Product Rate Last week
30-yr fixed   5.27%   5.21%
15-yr fixed   4.67%   4.68%
5/1 ARM   4.34%   4.37%
 
data courtesy of Bankrate.com

As for the question of whether or not the $8,000 tax credit for homebuyers will be extended, or even increased, for another year, there has been little word from Washington. 

There was no extension granted by the time that Congress left Washington for the August recess. 

The tax credit, as it stands now, is due to expire on Dec. 1, 2009.  So far, efforts by various lobbying groups such as the National Association of Realtors (NAR) have not influenced anyone in Washington to extend the tax credit.  However, as reported here before, various senators have already co-sponsored legislation to do so.

So, once again we are looking at a real estate market that is a mixed bag of good and bad, folks. 

As usual, I value your opinions, so feel free to toot your horn in the comments section below!
 

The September 2009 real estate market....




See you next week!


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Ethan Roberts
Contributing Editor
The Tycoon Report


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13 Comments

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  1. Neal (8 weeks ago) Is this Spam?

    I am very much a newbyso picking this p as I go alng but thismade so much sense even to me.
  2. LaVon (8 weeks ago) Is this Spam?

    I remember the Great depression. In 1931 my parents bought a home for $250.00 (yes $250.00) no interest. Payments were $5.00 per month.

    I was 10 years old. Made me appreciate every thing I now have. Im a widow but My husband( now deceased) knew we had to take care of our own re-tirement.We did not buy until we saved for what we wanted.The young people probably need to quit this credit stuff and pay for the things they think they MUST have.The sad thing is that We that took care of our money, are in some way helping to pay back their wants. I could write a book about "The depression Years". Would the younger generation read it?
  3. Michael O (8 weeks ago) Is this Spam?

    In another column that I read, the term THE NEW NORMAL is being used. I agree that a new economic and social normal is being established in the USA. Incredible CHANGE has come as promised, unfolding each day before my eyes and ears. How does an investor and consumer sort through these questions which are national and international in scope? Bernanke stays awake nights trying to figure it all out, so where does that leave us in our ability to make sound decisions?



    I certainly no longer take the wisdom of voters for granted as they return the likes of Harry Reid, Nancy Pelosi and Barney Frank into very powerful leadership positions to solve our nations dilemmas.



    Why is gold moving up signaling inflation as the dollar sinks and yet the market keeps moving up consistently? The bond market rates remain low even as the government prints dollars as fast as it can. I think that I see a collision of opinions coming; inflation, unemployment, sinking real estate values, water crisis for CA. farmers to save the delta smelt. (food production declines) This economic soup is very dark to me and it smells bad.



    I can understand why some people choose a minimalist life style.
  4. Gerald (9 weeks ago) Is this Spam?

    Very objective, informative and accurate article.
  5. Joes (9 weeks ago) Is this Spam?

    GOOD REPORT. WHAT BUGS ME IS THAT THE FEDS TAKE MY MONEY AND GIVE IT TO GREEDY SPOILED DEADBEATS AND CROOKS. STUPID ME JUST GOES ALONG PAYING ALL MY BILLS, KEEPING MY WORD AND HONORING MY CONTRACTS. TODAY, PEOPLE TAKE NO RESPONSIBILITY. IF IT FEELS GOOD DO IT. GREED RULES. THEY THINK THEY ARE ENTITLED TO EVERYTHING. I GREW UP FEARING AT ALL COST BANKRUPTCY AND FORECLOSURE. WE HAVE LOST OUR WAY.
  6. Dburn (9 weeks ago) Is this Spam?

    I think it was a huge mistake for the Senate to vote the Cramdowns out.



    Here's a few of the reasons.

    1. The mere threat of a cramdown in Bankrutcy court would have made lendos more amiable to soemthing more than lip service or minor modifications in loans.



    2. It probably would have resulted in less walk-aways, if home owners new there was a way to bring the mortgage in line with the valuation of the home.



    The main reason it was defeated was it came after mark-to-market was substituted for mark-to judgment. In other words Banks are carrying non-performing assets at 100% of face value . If the mortgage based assets had been subjected to a cram down provision, then their judgment based valuations would have come into question when new appraisals were done for the bankruptcy courts. That would have done some serious damage to the bank's balance sheets.



    Does anyone seriously believe that Banks were profitable in Q1 of this year after record job losses, foreclosures and a GDP contraction of 6.3%?



    FASB got rid of the Mark-to-Market right as Q1 ended . Pandit of Citibank started the ball rolling a few short days later as his stock was flirting with de-listing, by pre-announcing profitability . They simply lowered their loan loss reserves which pumped up earnings . The net result being the stock market took off like a rocket and hasn't looked back.



    Cram down would have worked if the banks were honest in their valuations and more people would have been able to stay in their houses. But the die was cast when FASB let itself get pressured to get rid of mark-to-market. Now the accumulated assets that have been overvalued make it impossible to go back.



    The banks will collapse if the true value of their assets were known. IMO That's the reason cram downs failed. The ABA knew the ramifications of it and lobbied like hell to stop it.



    Foreclosures in July and August were still in the 350,000 range. There is no telling how many people have technically defaulted on their mortgages as banks play tricks like selling the mortgage to it's own operating subsidiary right before 120 day mark when a "NOD" should be sent out. Apparently that resets the mortgage.



    My advice would be to not pay the mortgage and stay in the house paying maintenance and property taxes if the mortgage servicer is one of the TBTF banks. Chances are people can live there for another two years or more without paying a dime to the bank. The bank is happy becuase liquidity tends to dry up when they have to do maintenance and pay property taxes. Then they play games internally to make the mortgage look like a performing asset.



    Get to know your servicer before mailing the keys in. You may find a much better deal. Also if someone owns a home that was written down before Mark-to-Market was thrown under the bus, and is still living in it, there are stories of banks selling for 10% of face value for cash. People could eBay their way to 100% mortgage free living.



    See when you first got a NOD (Notice of default). If it was last year, you could get one hell of a deal as the banks need that liquidity.



    Before you walk into the uncertain world of rentals, see where you stand first with the above. The best rental may be right where you are living for years to come.
  7. Craig (9 weeks ago) Is this Spam?

    A TALE OF TWO CITIES



    Home valuations in Southern California which are close-in to major employment areas (Disney, downtown areas, etc.) have almost recovered to near their 2006 peaks. That's right, almost a full real estate recovery in La Crescenta,CA, La Canada,CA, Pasadena, CA, Glendale, CA.



    One possible reason is foreign buyers. All those dollars we export eventually must return to the United States. The Chinese (CIC) and others want physical assets (direct investment), not more government paper.



    Many of the homes sold around here (at least in Glendale,CA) are for "cash" to Armenian or Korean buyers, the dominant ethnic and economic groups. As the U.S. dollar becomes cheaper, foreign buyers have an advantage (discount) when purchasing residential and commercial real estate in the United States. So markets attractive to foreign buyers have bounced back, while those that do not attract foreign real estate buyers have not recovered, as yet.
  8. Gene (9 weeks ago) Is this Spam?

    This is the best article I've read on the Real Estate market in over a year and a half. Nice going! A 5 STAR!
  9. sanya (9 weeks ago) Is this Spam?

    How is it better for banks to have milions of houses foreclosed,abandoned,in need of fixing it before placing it on auction to be sold for 1/3 of the mortgage previous owner had rather than having cradown morgages??Would't they loose less?
  10. John (9 weeks ago) Is this Spam?

    The next government bailout could be to people who walked away from their upside down mortgage.

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