Loan Servicers Prefer Foreclosure Over Loan Modifications

Loan Servicers Prefer Foreclosure Over Loan Modifications
According to this National Consumer Law Center (NCLC) report, Why Servicers Foreclose When They Should Modify and Other Puzzles of Servicer Behavior, and the press release, AVOIDABLE FORECLOSURES CONTINUE DESPITE SERVICERS' "LOAN MODIFICATIONS", announcing the report, "(loan) servicers, unlike investors or homeowners, generally don’t risk losing money on foreclosures. In fact, servicers usually make money on foreclosures." That is a major reason why loan servicers reject loan modifications and delay or reject short sales and pursue foreclosure even when it would seem to make sense to avoid foreclosure.
According to the press release Diane E. Thompson, the report author and an attorney with NCLC, said, "The country is in the midst of a foreclosure crisis of unprecedented proportions. Millions of families have lost their homes and millions more are expected to lose their homes in the next few years. With home values plummeting and layoffs common, homeowners are crumbling under the weight of mortgages that were at best only marginally affordable when made. One common sense solution to the foreclosure crisis is to modify the loan terms in more instances. Foreclosures are a costly ordeal for the homeowner, the lender, and the community. Yet they continue to outstrip loan modifications because servicers have no incentive to help borrowers stay in their homes."
The press release describes mortgage loan servicers as "banks or financial companies that usually collect payments and administer mortgage loans. They play a key role in the current foreclosure crisis, since original lenders frequently sell loans to investment trusts that rely on servicers to carry out most day to day transactions. Homeowners seeking to save their homes by modifying unaffordable loans typically deal with servicers. That is why the financial interests of servicers have the potential to hurt homeowners. And too many of those financial incentives encourage servicers to ignore the interests of homeowners. For example, the report found that servicers often deny homeowners principal and interest rate reductions because as servicers they find it profitable to offer repayment plans or forbearance agreements that do little to reduce homeowners’ debt burdens. The consequences of such choices can be grim for homeowners." The NCLC report states "Loan modifications inevitably cost the servicer something. A servicer deciding between a foreclosure and a loan modification faces the prospect of near certain loss if the loan is modified, and no penalty, but potential profit, if the home is foreclosed."
According to the NCLC report, there is no systemic 3rd party oversight of mortgage loan servicers so there is no party that can force a mortgage loan servicer to offer the struggling homeowner a loan modification, or to approve a short sale.
The NCLC recommend the following reforms to try and stop the foreclosure crisis:

• Avoid irresponsible lending through regulation of loan origination.
• Mandate loan modifications before a foreclosure.
• Fund quality mediation programs.
• Provide for principal reductions on existing loans in the Administration’s Home Affordable Modification Program (HAMP) and through bankruptcy reform.
• Increase automated and standardized loan modifications for borrowers in default and provide a safety net for borrowers for whom a standardized modification is not affordable or who later default, through no fault of their own, on a loan modification.
• Ease accounting rules for modifications to facilitate standardized review, encourage long-term modifications, and enhance servicer recovery of the expenses incurred in performing a modification.
• Require more transparency and uniformity in how servicers report loan modifications to investors
• Limit fees charged borrowers in default to reasonable and necessary ones

My conclusion is that until reasonable and effective mortgage loan servicer reforms are enacted, there will be more foreclosures and more homeowners will desire short sales after their loan modification requests are rejected.

If you are a homeowner in Middle Tennessee who cannot pay your mortgage payment(s) (i.e. due to losing your job, having your income reduced, illness, health problems, etc.), or your home is already in foreclosure, or you owe more than your home is worth, please contact me to discuss your options including a loan modification or a short sale. I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I serve real estate owners, homeowners and investment property owners in Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN. If you do need to short sell your home (a real estate short sale occurs when the sale proceeds are not sufficient to pay off all the mortgages and liens on the property/home), or you need a quick sale due to being in foreclosure, you can request short sale and foreclosure help and assistance on my website at Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.

Real Estate Recovery or More Problems (Short Sales and Foreclosures)?

Real Estate Recovery or More Problems (Short Sales and Foreclosures)?

According to this RISMEDIA article, 59% of Home Buyers Rely on Low Down-Payment Government Mortgages, of all the home sales that have occurred in 2009, 59% of all buyers relied on low down payment government financing programs, which the article defines as "FHA, VA or USDA financing programs with 96.5% to 100% LTV."

Some people would look at the slight increase in home sales and see only positive things. However, my view is that this is further proof that the real estate market still has not settled into a bottom since the housing market needs these artificial government financing programs in order to prop up home prices. In my opinion, this will lead to more distressed home sales as homeowners who purchased their homes with these financing programs lose their jobs, just realize they cannot afford their homes and/or realize that the values of their homes are less that what they recently paid. As a result, there will be more homeowners who will need loan modifications, and there will be more short sales and foreclosures.

If you are a homeowner in Middle Tennessee who cannot pay your mortgage payment(s) (i.e. due to losing your job, having your income reduced, illness, health problems, etc.), or your home is already in foreclosure, or you owe more than your home is worth, please contact me to discuss your options including a loan modification or a short sale. I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I serve real estate owners, homeowners and investment property owners in Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN. If you do need to short sell your home (a real estate short sale occurs when the sale proceeds are not sufficient to pay off all the mortgages and liens on the property/home), or you need a quick sale due to being in foreclosure, you can request short sale and foreclosure help and assistance on my website at Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.

Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Distressed Real Estate, Short Sale, Pre-foreclosure and Foreclosure REALTOR and Real Estate Expert

Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Distressed Real Estate, Short Sale, Pre-foreclosure and Foreclosure REALTOR and Real Estate Expert

Property Owners and Homeowners in Middle Tennessee: (Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN) - Get Expert Assistance from a Middle Tennessee Distressed Real Estate, Short Sale, Pre-foreclosure and Foreclosure REALTOR, Real Estate Expert & Real Estate Professional

• Lost your job, or suffered a reduction in your income?
• Suffering from an illness, or medical condition that has limited your ability to work or earn income?
• Need your monthly mortgage payments lowered via a loan modification in order to be able to keep your home?
• Can't afford your mortgage payments even if the payment is lowered?
• Received a Notice of Default (Foreclosure Letter) from your lender, or their attorney?
• Home worth less than your current mortgage balance(s)?

If one or more of the above situations apply to you then you need to get help from a Short Sale, Pre-foreclosure and Foreclosure REALTOR & Real Estate Professional who can help you avoid Foreclosure, sell your home via a Short Sale, or even get a Loan Modification.


A Loan Modification may help you keep your home and should be considered. However, many lenders seem unwilling to grant modifications for a number of reasons including that most loan modifications fail. If you cannot get a loan modification, or your home is worth less than the mortgage balance(s), or you just can't afford to keep your home then a Short Sale may be your best option as it could salvage what is left of your credit and to reduce the risk of the lender pursuing you for their net loss (deficiency judgment). Acting quickly will give you the greatest chance of getting your life back without all the stress and worry. For immediate help please contact Jim McCormack now!*


Foreclosure and Short Sale Help and Assistance Hotline
(615) 653-4383

*Jim McCormack is a REALTOR, not an attorney. You should consult an attorney before making any real estate decisions.

If you would like more information first, please let me introduce myself. My name is James W. McCormack. I am a Short Sale, Pre-foreclosure and Foreclosure REALTOR and Real Estate Expert. I am a 10+ year real estate sales veteran and full-time real estate professional who specializes in helping property owners (homeowners, real estate investors, real estate developers and home builders) in Middle TN who have defaulted in their mortgage payments, are in foreclosure, and/or who need expert help and assistance with a real estate short sale (i.e. where the property value is worth less than the mortgage debt). I focus on short sales, pre-foreclosures, foreclosures and investment properties in the Middle Tennessee TN market with my primary focus being on Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN. My website helps you to search for and find short sale listings, pre-foreclosure listings and foreclosure listings in Murfreesboro TN, Smyrna TN, La Vergne TN, Brentwood TN, Franklin TN, Belle Meade TN and Nashville TN.

If you are a property owner or homeowner in Middle Tennessee who cannot pay your mortgage (due to job loss, income reduction, illness, health problems, etc.), or your home is already in foreclosure, or you owe more than your home is worth, please contact me to discuss your options including a loan modification or a short sale. I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I serve real estate owners, homeowners and investment property owners in Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN. If you do need to short sell your home (sell even though you owe more than your home is worth), or you need a quick sale due to being in foreclosure, you can request help and assistance on my website at Get Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.

I am a real estate expert who is here to help you. Please call me at 615-653-4383 to discuss your real estate situation or problems. I almost always return phone calls by the next business day.I provide the following real estate services:
Specialty and Challenging Real Estate (Sales, Consulting & Leasing):

1. Physically Distressed Properties (i.e. fixer uppers, rehab properties, handyman specials, etc.).
2. Foreclosures.
3. Pre-foreclosures (i.e. Notice of Default, etc.).
4. Short Sales (i.e. where the sale price is not enough to pay off the mortgage(s) and other liens.).
5. Bank Owned Real Estate (i.e. REO's).
6. Divorce Sales.
7. Estate Sales.
8. Abandoned and Vacant Properties.
9. Rental Homes and Properties (Leasing and Consulting).
10. Lease Option/Lease Purchase Homes (Sales, Leasing & Consulting).
11. Other Difficult Situations.

Commercial and Investment Real Estate (Sales & Leasing):

1. Small Multifamily Properties (2-4 units).
2. Apartment Buildings (5+ units).

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Find Middle TN Real Estate, Houses, Homes, Townhomes, Condos, Building Lots, Farms & Land
Find Short Sales, Pre-foreclosures, Foreclosures, REO's, Bank Owned Properties, Fixer Uppers & Other Distressed Real Estate

How to Buy a Freddie Mac Foreclosure

How to Buy a Freddie Mac Foreclosure

Freddie Mac, one of the 2 quasi governmental mortgage buying companies and sister company to Fannie Mae (the largest), published this document on how to purchase a HomeSteps Mac foreclosure/REO, 5 Easy Steps to Buying a HomeSteps Home.

According to the document, a potential buyer, or their agent should do the following 5 things in order to give them the best shot at buying a Freddie Mac foreclosure.

1. Prepare your offer, signed by the buyer(s), in writing on your local or state contract.  The seller should appear as "Freddie Mac."
2. Include signed copies of the following HomeSteps addenda: (1) the Single-Family Real Estate Disposition, (2) the Lead-based Paint Disclosure addendum, (3) Property Condition addendum and release, (4) State Riders (if applicable) and (5) Manufactured Home addendum (if applicable). These addenda are available from the listing agent. Please reference them in the contract, and remember, no changes are allowed to the addenda printed text.
3. Submit a buyer pre-qualification letter with the purchase contract and addenda to the listing broker. The listing broker must have all required documentation prior to presenting the offer to HomeSteps.
4. Negotiate the written offer verbally until final agreement is reached.
5. Submit final terms on a clean, typed contract with buyer’s original signatures and initials, along with all required addenda. Return the executed contract and any additional deposit monies to the listing broker no later than three (3) business days from the verbal acceptance by HomeSteps. If the contract is not returned timely, HomeSteps (Freddie Mac) may withdraw its verbal acceptance to sell the home at the agreed-upon terms.

According to the document, HomeSteps (Freddie Mac) will not agree to the following items:

• Offer contingent on the sale of buyer’s current residence.
• Buyer(s) to occupy or store personal items at the home prior to closing.
• Buyer(s) allowed access to the home to perform repairs prior to closing.
• Buyer(s) to receive credit at closing for repairs not completed.
• Repairs after the buyer(s) signs the closing documents.
• Seller’s funds to be escrowed

According to the Freddie Mac document, the following persons are not eligible to purchase Freddie Mac-owned homes:

• HomeSteps suppliers (including listing agent, agents within listing broker’s offices, all independent subcontractors, etc.), their employees and/or their immediate family members.
• HomeSteps or Freddie Mac employee or member of his/her immediate family or household.

If you are a home buyer in Middle Tennessee who would like to purchase a Freddie Mac foreclosure, a Fannie Mae foreclosure, another foreclosure or REO, a short sale, or other distressed real estate in order to get a home at a low price, please contact me, or visit my website Search the Middle Tennessee MLS - Find Middle TN Short Sales, Pre-foreclosures, Foreclosures & REO's so that you can find foreclosures, short sales and other distressed real estate and homes in Middle TN.  I help home buyers in Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN.

Bank of America Loses More Money Due to High Mortgage Loan Defaults

Bank of America Loses More Money Due to High Mortgage Loan Defaults

According to this Bloomberg article, Bank of America Posts Third-Quarter Loss on Defaults, in the 3rd quarter of 2009, Bank of America had its second quarterly losing quarter this year when it posted a $1B loss for the third quarter.  The loss was attributed to the sagging economy and high mortgage and consumer loan defaults.  To date, Bank of America has taken 2 government bailouts.

The article quotes Harvard University professor Niall Ferguson as saying "The idea that the financial crisis is over is a fantasy and it looks like the numbers bear that out.  It’s clearly not over for Bank of America." According to the article, Bank of America "said the provision for credit losses was $11.7 billion, with $9.6 billion of loans considered uncollectible. Reserves for future losses increased by $2.1 billion, compared with a $4.7 billion addition in the previous quarter, the statement said. The bank’s reserve is now 4 percent of total loans, compared with 4.7 percent at JPMorgan Chase & Co. and 5.9 percent at Citigroup Inc., analyst John McDonald of Bernstein Research said in a report today.  Bank of America said net write-offs of uncollectible loans rose 11 percent from the second quarter to $9.62 billion. The bank wrote off $3.2 billion of home loans, including home equity loans, during the quarter, up 10 percent from the second quarter. Charge-offs on credit cards increased 5 percent to $2.17 billion." Again, this is a debt problem. All forms of debt (mortgages, car loans and consumer loans) are performing poorly.

As I said in some previous blog posts a lot of the "record profits" reported by big banks such as JPMorgan Chase & Co. and Goldman Sachs Group Inc. are due to profits from their trading activities (risky - could just as easily be huge losses) and write downs on their own debt (as the value of their own debt (bonds) declines due to the poor financial condition of the banks they are able to book the decline in the value of their debt as income). The big banks are making lots of fee income from writing mortgages, overdraft fees, credit card fees, etc., but are not actually lending much money. Almost all of the loans made by the big banks are being bought by the US government (via Fannie Mae and Freddie Mac) so when they go bad it will be the US taxpayer who will be taking the loss. This is type of lending (i.e. riskless to the mortgage company writing the loan as they are little more than a loan broker) is one of the causes of the financial mess we are currently in. Bank of America is no different than the other big banks in that most of BofA's earnings growth came from their acquisition of investment bank Merrill Lynch, which made made money primarily through trading activities. One of my concerns beyond the government buying all those loans is what happens when the investment banks lose money via their trading activities. The government will probably have to bail out the banks again. Does this knowledge encourage the banks to take on extra risk since they will not have to pay the full cost of trading losses? That remains to be seen.

According to the article, "Bank of America expects to add to its 20.5 percent share of U.S. home lending over the next five years, Barbara Desoer, president of home loans and insurance, said in an Oct. 14 interview. Home loans not accruing interest increased by 14 percent to $16.5 billion, or 6.9 percent of the bank’s loans and foreclosed properties, the bank said." In other words, nearly 7% of Bank of America's mortgage and home loans are not producing any income because the borrowers are not making payments. Therefore, how can Bank of America increase their mortgage lending? Simple, they will make a ton of new loans (in order to generate fee income), which will be purchased by the US government via Fannie Mae and Freddie Mac, thus transferring the risk to the US taxpayer. The result of these activities will be more short sales and foreclosures.

If you are a homeowner in Middle Tennessee who has defaulted on your Bank of America, or other, mortgages, just cannot pay your mortgage due to income loss or unemployment, or your home is already in foreclosure, please contact me to discuss your options including a loan modification or a short sale. I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I serve real estate owners, homeowners and investment property owners in Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN.

If you need to sell your home through a short sale, or pre-foreclosure sale, you can request help on my website at Get Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Expert.