The National Association of Realtors estimates that as many as 180,000 homebuyers have qualified for the tax credit and met the contract deadline of April 30, 2010, but might not be able to close their transaction by the June 30, 2010 deadline due to the sheer volume of loan applications in the pipeline.

At this point many homes are selling quickly in Santa Clara County, but this should help to create some more momentum in the industry and get some loans closed.

NYT: Fees may deter efforts to alter loans

This week, the Obama administration summoned mortgage company executives to Washington to demand they move faster to lower payments for homeowners sliding toward foreclosure. Treasury officials called on the companies to hire and train more people quickly to field applications for relief.

But industry insiders and legal experts say the limited capacity of mortgage companies is not the primary factor impeding the government’s $75 billion program to prevent foreclosures. Instead, it is that many mortgage companies are reluctant to give strapped homeowners a break because the companies collect lucrative fees on delinquent loans.

Even when borrowers stop paying, mortgage companies that service the loans collect fees out of the proceeds when homes are ultimately sold in foreclosure. So the longer borrowers remain delinquent, the greater the opportunities for these mortgage companies to extract revenue — fees for insurance, appraisals, title searches and legal services.

“It frustrates me when I see the government looking to the servicer for the solution, because it will never ever happen,” said Margery Golant, a Florida lawyer who defends homeowners against foreclosure and who worked in the law department of a major mortgage company, Ocwen Financial. “I don’t think they’re motivated to do modifications at all. They keep hitting the loan all the way through for junk fees. It’s a license to do whatever they want.”

Reluctant to modify loans?
Rich Miller, a governance project manager at Countrywide Financial and Bank of America before he left in January, said Bank of America had been reluctant to modify loans, which hurt the bottom line. The company has been waiting and hoping the economy will improve and delinquent customers will resume making payments, he said.

“That’s the short-term strategy,” said Mr. Miller, who oversaw training programs at Countrywide, which was bought by Bank of America. He now works as an industry consultant.

Bank of America disputed that characterization. “To think that somehow or other we would jeopardize investor relationships and customer relationships for the very small incremental income we would receive by delaying seems ludicrous,” said Robert V. James, the bank’s senior vice president for mortgage operations and insurance. “It’s not the right thing to do.”

Mortgage companies, some of which are affiliated with the nation’s largest banks, are paid to manage pools of loans owned by investors. The companies typically collect a percentage of the value of the loans they service. They extract their share regardless of whether borrowers are current on their payments. Indeed, their percentage often increases on delinquent loans.

Chance to add revenue
Legal experts say the opportunities for additional revenue in delinquency are considerable, confronting mortgage companies with a conflict between their own financial interest in collecting fees and their responsibility to recoup money for investors who own most mortgages.

“The rules by which servicers are reimbursed for expenses may provide a perverse incentive to foreclose rather than modify,” concluded a recent paper published by the Federal Reserve Bank of Boston.

Under the Obama administration’s foreclosure program, a servicer that modifies a loan for a homeowner collects $1,000 from the government, followed by $1,000 a year for each of the next three years. A senior Treasury adviser, Seth Wheeler, said these payments amounted to “meaningful incentives to servicers to help overcome the challenges and competing demands they face in considering and completing loan modifications.” He added that mortgage companies “are contractually obligated to the terms of this program, which require them to offer modifications to qualified borrowers.”

But experts say the administration’s incentives are often outweighed by the benefits of collecting fees from delinquency, and then more fees through the sale of homes in foreclosure.

“If they do a loan modification, they get a few shekels from the government,” said David Dickey, who led a mortgage sales team at Countrywide and Bank of America, leaving in March to start his own mortgage advisory firm, National Home Loan Advocates. By contrast, he said, the road to foreclosure is lined with fees, especially if it is prolonged. “There’s all sorts of things behind the scenes,” he said.

When borrowers fall behind, mortgage companies typically collect late fees reaching 6 percent of the monthly payments.

“For many subprime servicers, late fees alone constitute a significant fraction of their total income and profit,” said Diane E. Thompson, a lawyer for the National Consumer Law Center, in testimony to the Senate Banking Committee this month. “Servicers thus have an incentive to push homeowners into late payments and keep them there: if the loan pays late, the servicer is more likely to profit.”

She cited Ocwen Financial, which reported that nearly 12 percent of its income in 2007 came from fees to borrowers.

Paul A. Koches, Ocwen’s general counsel, said: “We’d prefer that to be zero. The costs associated with our delinquent loans are in every instance in excess of the late fees.”

Data on delinquencies reinforces the notion that servicers are inclined to let problem loans float in purgatory — neither taking control of houses and selling them, nor modifying loans to give homeowners a break.

From June 2008 to June 2009, the number of American mortgages that were 90 days or more delinquent soared from 1.8 million to nearly 3 million, according to the realty research company First American Core Logic. During that period, the number of loans that resulted in the bank taking ownership of the home declined to 245,000, from 333,000.

As a home slides toward foreclosure, mortgage companies pay for many services required to take control of the property and resell it. They typically funnel orders for title searches, insurance policies, appraisals and legal filings to companies they own or share revenue with.

‘Hugely profitable’
Ocwen established its own title company, Premium Title Services, in part to keep more of the revenue from foreclosures, said Ms. Golant, who helped start it.

“It was hugely profitable,” she said. “Premium Title would charge for the title when it got transferred to Ocwen, then charge again when it got transferred to the new buyer, and then sell title insurance. It was easy money.”

Mortgage companies not only gain this extra business through their subsidiaries, but also collect reimbursement for the payments when the houses are sold.

The investors who own bad mortgages accept whatever is left. Investors typically do not notice how much they give up to the servicers, because fees are embedded in complex sales.

“It’s under the radar,” Ms. Golant said.

Ultimately, the benefits of delinquency erode incentives for mortgage companies to dispose of troubled loans quickly, say experts, allowing distressed houses to decay and fall in value — a fact of little interest to the servicer.

“At the end of the day, it doesn’t matter what the house sells for, because they don’t take that loss,” said Ms. Golant. “Meanwhile, they are collecting all these fees.”

This story, “Lucrative Fees May Deter Efforts to Alter Troubled Loans,” originally appeared in the New York Times.

Why? Buy low and sell high is how you succeed in real estate.

Don’t follow the pack that is running away from real estate.

While strapped primary-home borrowers receive more — including unsolicited loan-modification offers, lenders and government agencies have started a number of programs to make loans easier to afford. Yet every plan has the stated goal of helping just homeowners borrowing for “owner-occupied” properties.

Investors are never mentioned, but own nearly a third of homes in the foreclosure process, data on default and auction-sale notices, bank repossessions and the like suggest.

It has led some observers to question whether the foreclosure tide can really be tamed, absent some aid to investors.

Players Sidelined

Rick Sharga, senior vice president at foreclosure marketplace RealtyTrac, thinks all borrowers should be eligible for loan modifications.

“I can’t think of a single reason that you wouldn’t extend these loan-modification programs to investors,” he said. “Why not extend the net out as broadly as possible, rather than flood the market with more bank repossessions?”

The latest RealtyTrac data show that in October, U.S. foreclosure filings rose 25% from a year ago to 279,561. Of those, 86,664, about 31%, were on investor-owned properties.

But investment properties are apt to comprise more like half of home foreclosures, in the view of mortgage auditor Moe Bedard, president of Loan Safe Solutions, in Corona, Calif. That’s because, he says, many borrowers don’t tell the lender that a property is an investment.

A few lenders offer to do short sales and deeds-in-lieu (of foreclosure) for some investment-property owners, says homeowners’ loan consultant Eric Rice, chief executive of DyerBeech Enterprises, in San Diego. But he says loan modifications — such as reducing an interest rate or extending the term — have been rare and slow to proceed.

Out of 100 housing investors looking for loan modifications, he says maybe 15 will receive them and it usually takes “five to six months.”

“It’s not helping anyone by not helping everyone,” he said.

But Mark Leyes, spokesman for the California Department of Corporations, says the foreclosure problem is so large, lenders and government agencies have had to focus their approach. The department has been working with 10 California lenders to encourage loan modifications.

“It’s not escaped our notice (that investors aren’t addressed), but our focus has been on owner-occupied properties. We’re trying to preserve people’s homes,” Leyes said.

Sharga thinks some lenders have wrongly shunned investors as scapegoats for housing’s bubble and bust.

The Federal Deposit Insurance Corp.’s primary focus has been on helping borrowers who are owner-occupants, thus “stabilizing neighborhoods,” according to Andrew Gray, a spokesman for the agency.

“These loans are well-suited for a streamlined process where the borrower’s income and property value can be readily documented,” he said. Investment homes “require more attention on a loan-by-loan basis.”

Numbers Game

In the view of some loan-modification specialists, halting as many foreclosures as possible is the best way to address the slide in real estate prices, and collateral damage such as reduced property-tax rolls, underfunded schools and destroyed neighborhoods.

Rice, for instance, says when an investor loses a home to foreclosure it hurts two parties — the renter who gets evicted from it and the investor.

He suggests that lenders temporarily reduce installment amounts investor-owners pay. “A permanent change isn’t deserved, but a three- to five-year plan would make sense to get payments down to a break-even level (with rents) while we get through this crisis,” he said.

Sometimes, getting borrowers to come forward and seek a loan modification can be a problem because they don’t want to admit they’re in trouble, says Salvatore Buscemi, managing director of Dandrew Capital Partners, a distressed-real-estate investment fund in New York.

Treading Water

Buscemi buys defaulted paper and repossessed properties from lenders. He says he’ll negotiate with any owner on a mortgage he holds — an investor or primary resident. But he says investors walk away more often than owner-occupants, as “it doesn’t hurt them emotionally.”

Bedard, who has many investor clients, calls aid bias toward owner-occupants unfair. Many investors “just want to work it out to where they’re not underwater,” he said.

An investor might hold five or 50 homes, he says, so saving those can have more market impact than saving one primary residence.

Investor Jae Kim, with four Arizona homes, is working with Bedard’s firm to seek aid. Four months into negotiating with his lenders, he still can’t tell if his loans will be modified.

“I think every borrower should be treated the same,” he said. “They’ve all put their hard-earned money in, whether it’s for a retirement home, investment or primary home.”

So what if cities like Phoenix and Las Vegas have regularly appeared on RealtyTrac’s list of top 10 foreclosure markets quarter after quarter? Or if the National Association of Realtors is reporting that more than one-third of all existing homes for sale in America are “distressed,” meaning they’re in foreclosure or approaching it?

To some investors, the persistent price declines and prolonged sales downturn signal something positive: The possibility of future profits.

Just ask Christopher Yates, president of CM Yates Real Estate Investment. Yates, who is based in Colorado, has invested in residential real estate since 2003. He bought a Las Vegas home for $226,000 in 2003 and sold it about a year later for $370,000, making a tidy profit. He’s avoided Las Vegas since 2005, but is now planning a return — by way of Phoenix, another hard-hit market.

“It’s time,” he says. “The Las Vegas area is really landlocked, and prices have to go back up eventually.”

A house in Las Vegas similar to the one he sold for $370,000 three years ago now fetches just $200,000, he says, happily. Because the rental market in Las Vegas is relatively healthy, it’s possible for him to buy a house like that now with a sizable cash down payment and operate it profitably as a rental. Had prices not fallen, this wouldn’t be possible.

Investing in these markets requires a strong stomach, and a lot of patience.

The risk of future home price declines rose in 94 percent of 381 metropolitan areas last quarter, according to  PMI Mortgage Insurance, based in Walnut Creek, Calif. Prices are likely to be down more than 20 percent this year alone in Las Vegas, Phoenix and many California and Florida markets, with no clear sign yet of a bottom.

Investors wading back into these troubled markets say they are buying for cash flow rather than for the quick appreciation that was possible in frothier times. Investors who can get a fixed-rate loan and find tenants to pay rent steadily can afford to hang on for a long time until housing prices rebound.

“You don’t wait for the bottom of the market,” Yates says of sale prices in the markets he’s investigating. “You wait till it makes sense.”

Nationally, existing-home prices in September 2008 were 9 percent lower than a year earlier, according to the National Association of Realtors. Several recent reports have shown home sales activity rising as buyers are lured in by falling prices. Even if prices continue to fall, many investors say they can wait for the market to rebound as long as they can get cash flow from renters.

“I was one of the people criticizing the enormous amount of investor activity over the past three or four years,” says Andrew Jolley, a partner at Capsource in Henderson, Nev. “I think in some ways we’re now helping the market by purchasing inventory, but real recovery will have more to do with the credit market improving.”

At Capsource, Jolley and three partners have a portfolio of about 30 single-family homes in Las Vegas. They’re looking for more, and while there is competition, the seller is often a bank or lender, meaning foreclosure is already complete and investors can negotiate with an institutional owner rather than an individual seller.

“It’s difficult to call the bottom,” Jolley says. “But it certainly feels close. Inventory has declined, sales have risen. But pricing is still on the decline. When pricing stabilizes then we’ll know a turnaround is under way.”

Leonard Baron, a professor at San Diego State University, has made 60 offers in the suburbs of San Diego during the past six months. Some sellers refuse to negotiate, he says. But he expects to succeed in closing two purchases in the near future: A single-family home for $200,000 (down from $435,000 in 2005) and a condo for $95,000 (down from $175,000 in 2005).

“Those are huge price drops,” Baron says. “But keep in mind 56 of my offers were rejected. And the new prices reflect the current market.”

Baron mostly made offers on foreclosed properties, which he characterizes as a “big appeal” for investors who want low prices and have time to work through the red tape or bat around negotiations with an institutional seller.

He says he plans to “buy and hold” the properties he is buying, rather than try to renovate them and sell them quickly. Because prices have fallen so far, he can get rents that allow him to make money managing the property over time, rather than just hold and hope for appreciation as investors did during frothier times.

“The old rule was that you tried to get 1 percent of the purchase price per month in rent,” Baron says. “Those numbers haven’t been seen for a long time in San Diego. But they’re out there.”

In fact, Baron says he can make money off properties if he can fetch rents just 0.7 to 0.8 percent of the purchase price per month, of about $1,500 a month for a $200,000 home.

“It’s tough to get loans now,” he says. “But in San Diego, as long as a property has some redeeming qualities there will be multiple offers on it.”

Strategy as defined here would be the science of planning and directing exactly how you intend on proceeding to maximize your profit potential through investing in real estate. Without a sound strategy and consistently executable tactics you may find that the result of the long, hard efforts have only led you to frustration and a less than sought after result.

Here I would like to make just a few suggestions that will hopefully save you from wasting years of hard effort only to learn in the end that had you invested using a better strategy, you would have realized more profit, happiness, satisfaction, control and free time as a result.

I’m not going to make you wait to find out the secret, so here is the crux of this technique. FIND’EM, DON’T FIX’EM! It sounds easy, doesn’t it? Please continue reading to get the full flavor of this topic. There are a few steps to follow if you are to succeed in using this method and you will really need to understand before you go and do it. I need to stop here and take into consideration the new investor who doesn’t have a war chest of greenbacks to get started with.

If you’re just beginning or starting out with a small amount of capital then you will most likely have to find’em and fix’em on the first one or two properties. By finding them and fixing them, then selling on your own, you will limit the amount of initial expense that you incur. Naturally you will keep more of the profit as a result. The trouble with this technique is that you eat up valuable time that could be more profitably spent on finding more great deals!

Here is what I am saying. If you spend your day painting a property, how much have you saved or earned? Let’s say a painter at $30 an hour multiplied by eight hours equals $240 dollars a day. You, in effect, have given yourself a new job that pays $30 dollars an hour. Instead of painting, let’s say you hire the painter so that you can go hunt down another bargain property with a $20,000 margin of profit. Let’s also assume that it takes 100 hours of effort to find, fix and sell this property; $20,000 divided by 100 hours equals a $200-per-hour rate of pay. Don’t do $30 when you can do $200!

By doing the first property using your own time and labor, you may get most of that $20,000 dollar profit when you sell, but it will generally take you an average of three months to do it, or 480 hours. That boils down to $41.66 an hour and you can’t look for more great deals. What this will do is give you the capital to pay someone else to do the labor on the next one. Once you have your nest egg you can begin to pay up to $5,000 for the labor to include materials. Now you let the lower wage scales do the dirty work of cleaning, repairing, painting and installing new fixtures and you no longer spend your more valuable time doing the low paying labor jobs, so now you can quite feasibly make $20,000 and spend $5,000 to do it. This leaves you with $15,000 profit divided by 100 hours, which equals $150 an hour or five times the pay of the painter! Don’t be a laborer if you don’t have to be.

I hope you see how it pays to find them rather than fix them. Granted your going to have to learn this higher skill of finding and evaluating good deals, however, throughout “Magic Bullets” I’ve given you at least 150 ways to find those deals, such as from bandit signs, newspaper ads, bird dogs, professional search services and so forth. You have the ammunition to launch a campaign that will yield plenty of these deals.

Once you find what appears to be a motivated, distressed or disinterested seller, your next skill set will be to evaluate the property to insure that a profit will result if you do proceed. Here again, you’re focusing on plumbing, electrical, foundation, structure, roof and location, as the rest will generally be cosmetic repairs that can be done quickly and inexpensively in an effort to realize the true value without going broke!

Once you have some accurate figures concerning a probable sales price, the cost of materials, labor, marketing time and transfer costs you can project your profit. Will it yield $20,000 or more in 90 days? It should! If not, then you may consider passing on the deal and continue the hunt for another property that does satisfy your strategic objectives. Side note here: Often when you walk away from deals like this, they end up coming back to you later when the sellers can’t sell. You’ll have an opportunity to lower your offer to an amount that will satisfy your objectives and it will usually be accepted at that time.

Let’s assume that you have found and evaluated the property. Now you will need to negotiate the sales contract and buy this property for the lowest possible price. By having your own offer sheets, sales contracts and financing in place, you can move swiftly to acquire these moneymaking assets. As there are so many creative ways to finance real estate, I’ll only touch on a few here: owner financing, subject to existing loan, leases w/ option to buy, H.U.D. 203k rehab loans, conventional bank loans, assumptions, all cash, etc. You will see what type of financing can be used as the deals begin to take shape. Just be prepared to use the method that will work when you make your offer. Hint: It helps to be pre-qualified and if possible to have equity lines available to tap into if necessary.

Now that you have found, evaluated and acquired the property, you will have to affect the repairs. I did not say you would have to do the repairs yourself, remember? Here is where you play Mr. or Ms. general contractor, by hiring licensed and bonded professionals who come highly recommended you begin to pass off the labor issues back to the lower earning wage scales so that you can get back to finding more good deals.

Note: One trick to getting good workers and companies is to ask appraisers who they would recommend for certain jobs if they needed work done. Appraisers know a lot about value, folks! They seldom steer you wrong so build your network through their referrals.

Another way to save money is to begin getting familiar with local suppliers of all types of construction materials. I’m not talking truss members and cinder blocks but you will have to create your repair list often, otherwise known as a punch list. You can create this list of items that you will need to fix or replace in a few short hours. By using your notes from your initial evaluation, you’ll be half way home. These items may include tile, vinyl, carpet or wood for floors, toilets, faucets, sinks, tubs, vanity cabinets, mirrors, towel bars, light switches, electrical receptacles, light kits, ceiling fans, knobs, handles, locksets and paint to make the property look and smell new again. Now you can spend another eight hours shopping for and scheduling the dates of delivery and installation for the larger items but that is where your labor ends and you revert back to the supervisory role of periodic inspections to insure the laborers and contractors are getting the job done on schedule.

Up to this point we have done four things: We have found, evaluated, acquired and are repairing. With these steps behind you, the next step will be to start the marketing efforts to find a buyer for this beauty. By pricing it right and advertising it for sale to the entire market of potential buyers, the word will get out. You can help that word get around by using newspapers, yard signs, corner signs, word of mouth, flyers, fact sheets, neighbor alerts, network partners and a host of other avenues of approach that can almost guarantee you a steady stream of buyers when the time to sell is near.

So you have found, evaluated, acquired, repaired and marketed the property. Now the final step is to get the sales contract signed and a closing date scheduled. This should all be accomplished in about 90 days and you will have cleared no less than $15,000 as a result. Your results may vary – it could be lower, and quite possibly could be higher depending on how good you are! I’m giving you the overview here. You will be doing many tasks along the way that are not being explained in depth here.

You will have capital gains taxes. However, when you keep every receipt and use a C.P.A. to do your taxes, the process will be fairly painless. This work will pay very well regardless of that fact. By having two or three of these rehabs going on at any one time and having just one closing a month, you should be making over $100,000 a year, after Uncle Sam gets his.

Many highly trained or experienced investors never even touch the property. They simply find great deals, handle some paperwork and sell it for less than they could get if they spent more time on it. These people are leveraging their time and techniques to squeeze out the maximum profit in the shortest possible time with the least amount of effort. I don’t condone being a paper pusher and taking advantage of other people’s ignorance or misfortunes by doing paper trades. I personally have a hard time finding value in deeds done by using such methods. This is why I have given you a value-driven road map to follow in this brief report. I sincerely hope that you will create value for those that depend on you to deliver in an honest and caring professional manner. Happy hunting!

Figuring out your foreclosure rights can be tricky, especially because every state has different laws that govern how foreclosure works in that state. There are no hard and fast rules that apply to every person in every situation but there are some things that you should look for.

Foreclosure timelines. This is one of those things that varies widely by state. In some information, it lists some states with a foreclosure process period of only 27 days and some with a process period of up to 300 days. With this kind of wide variance among states, this is a critical piece of your foreclosure rights that you need to understand. To be sure of what your foreclosure timeline will be, check with your county’s office.

Another piece of the foreclosure timeline that you need to understand is the redemption period. The redemption period is essentially the amount of time after your home has been sold at auction that you have to come up with all of the money that you owe your mortgage company. Some states do not have a redemption period at all and one state is reported to have a redemption period of 1825 days. This is an important piece of your foreclosure rights to know because it may allow you to save your home even after it has been sold at auction. Again, your county’s office is a good resource to find out whether or not you will have a right of redemption.

Find out if you have a right to cure the loan and what that procedure is. A right to cure is essentially the right to come up with all back payments, late fees, attorney fees, court fees and any other fees for your loan. I can only speak from experience here but I had a right to cure on my home. I had to file some very basic paperwork with the public trustee’s office where the deed of trust for my home was filed. This paperwork had to be filed with them at least 15 calendar days before the scheduled sale date. It gave me until noon on the day before the sale date to come to the public trustee’s office with a cashier’s check for the full amount to cure the loan. This is an important part of your foreclosure rights that you need to fully understand.

Let me explain. Bird dogging basically is finding houses (or buyers) for another investor who buys and then sells or keeps. It is the same as finding a deal and assigning to another buyer (i.e. wholesaling). Beginning wholesalers do a lot of this, but usually the bird dog does not make nearly the kind of money that the wholesaler earns.

I was bird dogging houses for the investors when I started in this business. I became super good at finding deals but had no idea how to sell properties, i.e. how to find buyers. That is where wholesaling becomes different. A wholesaler must become good at all aspects of the business – finding deals as well as and finding buyers.

I thought I was making great money when I was bird dogging: $500 to $1000 per house, and I was finding 5-10 deals a month. I decided to go at it alone and find my own buyers and my income increased dramatically. I started getting 3-5k on every deal doing as many deals a month as before.

Now that I really got to wholesale houses strong, I am using hard money and I close on all my contracts. Only occasionally would I do an assignment. You really begin to see the difference in bird dogging and true wholesaling as your business grows.

Once you dig deeper you see that the bottom line difference between bird dogging and wholesaling is control. I work for myself, don’t depend on the big dog wholesalers, and have a group of buyers that I sell to on a monthly basis. I now have people that want to bird dog for me – I may pay them 500 or 1000 for their work. At the same time I make up to 5k just sending the deal to my buyers list and seeing it through. Big difference, isn’t it?

Bird dogging is a great way to start. You may never want to go any further, but if you are planning get in this business full time (and being able to do it in any market), you need to try to get into wholesaling as fast as you possibly can.