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Daniel Indiviglio: The "Shadow" Foreclosure Inventory

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  • Daniel Indiviglio: The "Shadow" Foreclosure Inventory

    http://business.theatlantic.com/2009..._inventory.php

    The "Shadow" Foreclosure Inventory

    Sunday night, I returned from a quick weekend trip to my hometown in South Florida. It was my first time there since early January. Driving around Fort Lauderdale, it became extremely clear just how big a hit its economy has taken as a result of the real estate market's collapse. It's like a different world compared to what it was like just a few years ago: overgrown grass rises above many curbs and sidewalks; homes and businesses sit empty and abandoned; most blocks display multiple "for sale" or "for rent" signs. In speaking to some of my friends and relatives who still live there, I learned that the state's ongoing foreclosure glut has resulted in an interesting phenomenon -- a "shadow" inventory of foreclosures.

    The Wall Street Journal has an article about this shadow inventory today. It explains what's going on in areas hard-hit by the housing bubble's pop:

    Legal snarls, bureaucracy and well-meaning efforts to keep families in their homes are slowing the flow of properties headed toward foreclosure sales, even when borrowers are in deep distress. While that buys time for families to work out their problems, some analysts believe the delays are prolonging the mortgage crisis and creating a growing "shadow" inventory of pent-up supply that will eventually hit the market.

    During my trip to Florida I heard about families who have lived in their homes as long as two years without paying, because the banks haven't gotten around to foreclosing. And that's a problem. Until the real estate market recognizes all its losses -- including accounting for all foreclosures -- it won't be able to regain real stability and move on. Of course, that has implications for the broader economy as well.

    Here are two journal sources explaining how bad they think this problem is:

    "There's going to be a flood [of bank-owned homes] listed for sale at some point," says John Burns, a real-estate consultant based in Irvine, Calif. When that happens, Mr. Burns believes, home prices will fall further, particularly in markets with large numbers of foreclosures. Overall, he expects home prices to decline 6% next year.


    Ivy Zelman, chief executive of Zelman & Associates, a research firm based in Cleveland, believes three million to four million foreclosed homes will be put up for sale in the next few years. The question is whether the flow of these homes onto the market will resemble "a fire hose or a garden hose or a drip," she says.

    All of that sounds pretty ugly. But what are the actual numbers as they pertain to this shadow inventory of foreclosures? They're hard to get exact, given the very nature of the problem -- these foreclosures have not yet been completed. But the Journal does provide some statistics to work with:

    As of July, mortgage companies hadn't begun the foreclosure process on 1.2 million loans that were at least 90 days past due, according to estimates prepared for The Wall Street Journal by LPS Applied Analytics, which collects and analyzes mortgage data. An additional 1.5 million seriously delinquent loans were somewhere in the foreclosure process, though the lender hadn't yet acquired the property. The figures don't include home-equity loans and other second mortgages


    Moreover, there were 217,000 loans in July where the borrower hadn't made a payment in at least a year but the lender hadn't begun the foreclosure process. In other words, 17% of home mortgages that are at least 12 months overdue aren't in foreclosure, up from 8% a year earlier.

    The first quoted paragraph shows that there are at least 2.7 million foreclosures that have yet to hit the market. Some of those may be modified, but the vast majority probably won't. The second paragraph explains that the problem is getting much worse: the portion of homes not in foreclosure despite its borrowers not making a payment in a year has more than doubled compared to last year.

    So why do we have this shadow inventory? There are three possible causes:

    The first is explained in the WSJ piece. It's taking quite a long time to figure out which borrowers qualify for the Obama administration's mortgage modification program. It's also taking time to process the deluge of applications. During the wait, borrowers remain in their houses which, otherwise, would be in foreclosure. Those who don't get the modification will ultimately face foreclosure.

    Second, with so many foreclosures, banks likely just have logistical issues getting them all processed in a timely manner. There's a heap of paperwork and other red tape involved in making a foreclosure happen. Banks have never experienced a flood of foreclosures like this, so they aren't equipped to handle so many very quickly.

    Third, banks may not want to foreclose on all of these homes immediately. A WSJ source above used the analogy of foreclosures hitting the market like "a fire hose or a garden hose or a drip." Which do you think would be better for housing prices? The drip. If you have a huge inventory, then it's more of a buyer's market, where few buyers can drive down the prices of many homes. If you have the foreclosures spread out over a longer amount of time, new buyers may enter the market over that lengthened period. I have heard the theory (from a Floridian friend of mine who knows the real estate market there) that banks are purposely holding back foreclosures for exactly this reason.

    Whatever the cause or severity, I believe that the shadow inventory of foreclosures is real. It poses a danger to the real estate market's recovery. How significant a debilitating effect it will have is still unclear.
    How long to a Municipal Govt. crash? Not too long for sure, keep your powder dry.

  • #2
    Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

    by far the most interesting comment attached to the WSJ article:

    I am an attorney that does work in the foreclosure area in FLorida. A lot of the questions posed by the article and the questions posed by fellow WSJ readers are valid.

    I don't know anything about the Scriven's situation, but here are some of the reasons mortgage foreclosure is delayed in Florida:

    1) The Plaintiff did not originate the loan and knows nothing about loan.
    2) The Plaintiff can't find the original note.
    3) The Plaintiff never got an assignment from the original lender.
    4) The Nominee of the Original Lender named in the mortgage (usually MERS) isn't named in the suit though they should be.
    5) The date of the assignment is after suit begins.
    6) The lender knows they'll find the note eventually but sues anyway while claiming that the note is lost when it isn't. This is fraud on the court
    7) The assignments are backdated by "signing ladies" who are sham agents for the parties involved.
    8) There are two assignments of the same loan to different entities-Often the first assignement is by "allonge" the second is by assignment that is created by the lawyer for the Plaintiff by signing ladies. Since these two assignments contadict one another, they create an opening for the Defendants to move for dismissal of the case.
    9) The lender refuses to answer discovery regarding the history of the note, the fact of default, notice of default, transfers of the note's ownership and information about current owners of differenct tranches of the note.
    10) The affidavits attached to the motion for summary judgment are wrong and openly contradict pleadings in the file.
    11) Lenders attorneys are afraid or unable to present testimony in court about the facts set forth in the complaint.

    My observation is that money was spent with few controls and less thought about how collection on these mortgages would unfold. In today's climate, no rational bank should make a loan to anyone in Florida because of the how difficult it is to actually foreclose on a house if the Defendant has a competent attorney.

    I'd like to know who put these "masters of the universe" bankers in charge of lending so many trillions of dollars without proper paperwork or underwriting?
    The Fed and the Treasury need to step back and let the banking industry implode so competent players can step in and save the system.

    Comment


    • #3
      Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

      Originally posted by Sapiens View Post
      http://business.theatlantic.com/2009..._inventory.php



      How long to a Municipal Govt. crash? Not too long for sure, keep your powder dry.


      When the state crash comes there will be a debt solution. What Banker will lend to the state? Debt will be repaid with state assets pledge. Banker places assets in PPP with controlling interest, a controlled liquidation. PPP will extract cash flow from public.

      Government solution to housing foreclosure to delay a flood of inventory to market and inflate their way out.
      Last edited by bill; September 28, 2009, 03:44 PM.

      Comment


      • #4
        Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

        Originally posted by babbittd View Post
        by far the most interesting comment attached to the WSJ article:
        I'd like to know who put these "masters of the universe" bankers in charge of lending so many trillions of dollars without proper paperwork or underwriting?
        Perhaps it was the same geniuses who lent to fine upstanding citizens (?) with no assets, no income and no job, for amounts in excess of already inflated appraisals.

        The securitization, derivatization, collaterallization and paperization of mortgages advanced sufficiently that there was more money to be made in these derivative affairs than there was to be made off the original loan itself.

        Some more cynical than I have claimed that some of these mortgages were wholly fraudulent to begin with, without even the scent of an actual borrower behind them, just to serve as feedstock for more mortgage backed securities.
        Most folks are good; a few aren't.

        Comment


        • #5
          Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

          Why would the banks be in a hurry to foreclose? They'd have to realize all of those losses (on paper those assets probably still look pretty good).

          Comment


          • #6
            Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

            Originally posted by bill View Post
            When the state crash comes there will be a debt solution. What Banker will lend to the state? Debt will be repaid with state assets pledge. Banker places assets in PPP with controlling interest, a controlled liquidation. PPP will extract cash flow from public.

            Government solution to housing foreclosure to delay a flood of inventory to market and inflate their way out.
            LOL, we have a bit to get to that though:

            Alexander Co. sheriff's dept cars repossessed
            Posted: Sep 22, 2009 2:34 PM EDT Updated: Sep 23, 2009 12:40 AM EDT

            by Heartland News

            Cairo, IL (KFVS) -- Alexander County Sheriff's deputies are going to have to do their jobs without some of their cars.

            Tuesday afternoon the department told Heartland News that 5 of the department's cars had been repossessed by the bank.

            ...

            Comment


            • #7
              Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

              Originally posted by Sapiens View Post
              LOL, we have a bit to get to that though:


              http://features.csmonitor.com/econom...l-its-capitol/
              September 8, 2009
              Piece by piece, Arizona is planning to sell off as many as 32 state properties to cover a historic $3 billion budget deficit. The state is in good company: California, Pennsylvania, and Connecticut are unloading state holdings, too.
              The state would pay between $60 million and $70 million to lease back many of the properties, meaning the transactions will cost taxpayers more in the long run.
              “It just shows how deeply the recession really has affected state finances,” says Todd Haggerty, a research analyst with the National Conference of State Legislatures.
              “Desperate times call for desperate measures,” adds Linda Lopez, the Democratic House minority whip from Tucson.
              What’s on the auction block
              Arizona Gov. Jan Brewer signed the bill that approves the sale of state buildings on Sept. 3. Now, the state is deciding what to sell.
              Properties around the state that may be sold and leased back include the House and Senate buildings, the Arizona State Hospital, the Arizona Pioneers’ Home retirement facility (built a year before Arizona gained statehood in 1912), and Kartchner Caverns State Park.
              If it sells its Capitol buildings, only employees of the state agricultural laboratory would have to pack up and leave. Others would stay where they are as the state government leases back the properties over several years, eventually resuming ownership when the arranged terms end. The state has placed a total replacement value of roughly $1 billion on all the properties.
              “Although there may be problems with the symbolism surrounding this, I think that at the end of the day, it’s something that the state has to do,” Ms. Lopez says. “We don’t have any choice.”
              Arizona’s official historian disagrees.
              Marshall Trimble is no fan of the cramped House and Senate buildings on either side of the historical copper-domed state Capitol, which is now a museum. But state properties “belong to the people of Arizona,” he says. “I just don’t think we have a right to sell these things.”
              Enough value for that real estate?
              On a more practical level, now might not be the ideal time to shed state assets, with Arizona in the midst of a deep real estate slump. Even so, the properties probably will appeal to institutional investors such as insurance companies and pension funds that seek guaranteed cash flow, says Chaz Smith of Colliers International, a commercial real-estate broker in Phoenix.
              “Right now, the bond markets are just absolutely in horrible shape and people don’t know where to put their money,” he says.
              State ownership represents a steady stream of revenue for investors, he says, adding that sale-lease mechanisms are not unusual. California, which faced a deficit of more than a $20 billion, is doing the same.
              “We’re looking to the private sector expertise to help us liquidate these assets,” says Fred Aguiar, secretary of the State and Consumer Services Agency.
              California hopes for bonanza
              California is putting 11 properties on the market – like Arizona, selling them and leasing them back.
              Mr. Aguiar has no doubt the assets will fetch top dollar: “These are unique properties, they’re some of our signature properties.”
              The assets include the Ronald Reagan Building in Los Angeles, the Orange County Fairgrounds, and the Civic Center in San Francisco.
              Pennsylvania bids farewell to two office buildings
              For its part, Pennsylvania has no interest in regaining ownership of the two state office buildings it has sold in Philadelphia and Pittsburgh. It sold the 19-story Philadelphia building, constructed in 1958, for about $25 million to a developer who plans to transform it into condos, says Ed Myslewicz, press secretary for the Pennsylvania Department of General Services.
              The 16-story Pittsburgh building, a year older than its Philadelphia counterpart, also is destined to house state residents after the $4.6 million sale closes several months from now, Mr. Myslewicz adds.
              The buildings are old and in need of major repairs, so moving nearly 1,800 employees to leased office space saves taxpayer money and helps spur the local economy by putting the structures back on the tax roll, he says.

              Comment


              • #8
                Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                No argument from me bill, but give it at least 24 more months.

                Comment


                • #9
                  Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                  Morgan Stanley got 75 years of parking revenue on the cheap in the city of Chicago.

                  Chicago leases parking meters for $1.16 billion

                  http://www.reuters.com/article/bonds...27950220081202

                  Comment


                  • #10
                    Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                    Originally posted by pwcmba View Post
                    Morgan Stanley got 75 years of parking revenue on the cheap in the city of Chicago.

                    Chicago leases parking meters for $1.16 billion

                    http://www.reuters.com/article/bonds...27950220081202
                    you gotta park... these f&ckers will collect the debts one way or another!

                    Comment


                    • #11
                      Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                      Originally posted by babbittd View Post
                      The Fed and the Treasury need to step back and let the banking industry implode so competent players can step in and save the system.
                      Here! Here! And how about a few thousand life sentances for CEOs of mortgage firms, servicing firms, investment banks, real estate develpers, and ratings agencies, to start with.

                      Bernie still seems like the only jail bird - why is Hank Paulson not locked up? Jamie Dimon? Ken Lewis? The Toll Brothers?

                      Comment


                      • #12
                        Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                        Originally posted by MulaMan View Post
                        Here! Here! And how about a few thousand life sentances for CEOs of mortgage firms, servicing firms, investment banks, real estate develpers, and ratings agencies, to start with.

                        Bernie still seems like the only jail bird - why is Hank Paulson not locked up? Jamie Dimon? Ken Lewis? The Toll Brothers?
                        Careful for what you wish for. It's not only the banks who are going to be brought down, think about it, the saver, be it 401ks, Bank CDs, Money Market Funds, all of the whole shebang is in danger of collapse! That's why the Fed can't let them fail in one swell stroke!

                        For example:

                        Buyer ---borrows $ digits from bank --->, which are credited to Seller.

                        Let's say in this example $100K

                        So, Buyer is (negative) -$100K on banks' books, Seller is $100K positive (demand deposit) on banks' books.

                        If Buyer defaults, bank still has to make good the Seller's $ digits.

                        If the bank cannot make good the Seller's $ digits, bank is bankrupt, FDIC steps in and transfers account to a solvent bank.

                        What happens when there are no solvent banks?

                        Yes, the system is kaput.

                        The only $ digits left standing would be Treasury debt; and how long do you think the government could stand with the real economy collapsed?
                        Last edited by Sapiens; September 28, 2009, 09:37 PM.

                        Comment


                        • #13
                          Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                          New banks will start up in the thousands overnight to take the FDIC deposits.

                          There are something like 10,000 banks in America, the vast majority has less then $100 million in deposits.

                          A small number WF, JPM, GS, BOA now control something like 80% of all deposits and these banks are insolvant and these mega-mega-mega-mega banks need to go under ASAP.

                          There is NO shortage of well managed small banks in America that should be given the golden ring for thier top-quality management and allowed to take over the deposits of the criminal organizations such as JPM and GS.

                          http://www.fdic.gov/bank/statistical.../industry.html

                          Not a problem. Not a problem whatsoever. No a single iota of pain will be felt by the vast, vast majority of Americans.
                          Last edited by MulaMan; September 28, 2009, 11:33 PM.

                          Comment


                          • #14
                            Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                            Originally posted by MulaMan View Post
                            New banks will start up in the thousands overnight to take the FDIC deposits.

                            There are something like 10,000 banks in America, the vast majority has less then $100 million in deposits.

                            A small number WF, JPM, GS, BOA now control something like 80% of all deposits and these banks are insolvant and these mega-mega-mega-mega banks need to go under ASAP.

                            There is NO shortage of well managed small banks in America that should be given the golden ring for thier top-quality management and allowed to take over the deposits of the criminal organizations such as JPM and GS.

                            http://www.fdic.gov/bank/statistical.../industry.html

                            Not a problem. Not a problem whatsoever. No a single iota of pain will be felt by the vast, vast majority of Americans.
                            Re-read what you wrote, your own words contradict themselves.

                            Think about the leverage, normally a 10 to 1 affair, some rumors clock JPMC at 103 to 1. Those smaller banks' capital would be wiped out in an instant. Keep in mind Banking is a confidence game, and if confidence is lost in the system, the whole house of cards collapses.
                            Last edited by Sapiens; September 29, 2009, 09:12 AM.

                            Comment


                            • #15
                              Re: Daniel Indiviglio: The "Shadow" Foreclosure Inventory

                              Originally posted by Sapiens View Post
                              http://business.theatlantic.com/2009..._inventory.php



                              How long to a Municipal Govt. crash? Not too long for sure, keep your powder dry.
                              This gentleman is too kind. Know of several people in my community and surrounding higher end communities who haven't paid in 3 years. Foreclosures have to go to mediation/arbitration where banks will finally give you the modification/better terms you requested before you stopped paying.

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