Archive for November 4th, 2011

Training & Education: The Top 3 Things Landlords Need to Know

Training & Education: The Top 3 Things Landlords Need to Know

Posted by  on Friday, November 4th 2011

In today’s real estate market, all sorts of people who never thought they’d care to rent out their properties are holding their noses and taking the plunge into landlording. With rental revenues on the rise – and showing no sign of stopping in their upward climb – now is a great time to own rental property. However, in order to be an effective and profitable landlord, you need to be aware of some very important facts. Here are the top three things landlords need to know before they start collecting rent:

  1. Know the Law
    There are myriad laws governing landlord behavior, and they’re not always intuitive or easy to understand. Your behavior as a landlord, from how you handle maintenance to how you screen tenants, is governed by local, state and federal laws. Make sure that you understand your responsibilities to your tenants – and theirs to you – to insure that your landlording experience is profitable and non-litigious.  
  2. How to Collect Rent
    Any experienced landlord will tell you that there are right ways and wrong ways to collect rent – so ask them! Most will be happy to share their insights. There are certain behaviors that will encourage tenants to pay on time and certain other behaviors that will insure that they never do. Additionally (back to those laws), there are certain behaviors that can land you in jail or make evicting a non-paying tenant nearly impossible. Know your rights when it comes to rent, and you’ll enjoy a long, positive experience as a landlord.  
  3. Eviction Rights
    Every state has its own unique laws governing evictions. In some states, you can throw your tenants out for non-payment very nearly on the spot. In others, it could take months. Sometimes you must have certain qualifications in your lease in order to expedite the process. Whatever the case in your state, make sure you know exactly what you need to do and how to do it before you start the eviction process. Otherwise, you could end up giving tenants a “rent-free pass” for months before you finally get them out of there.

Federal Government Seeks Billions from Allied Mortgage Capital

Federal Government Seeks Billions from Allied Mortgage Capital

Posted by  on Friday, November 4th 2011

In a civil mortgage fraud suit filed against Allied Mortgage Capital Corporation, its affiliates and a number of its executives, the federal government is seeking more than $2 billion in damages for “nearly a decade of concealed misconduct in connection with the residential mortgage lending practices of the firm”[1]. Around a third of the Federal Housing Administration (FHA) mortgages originated by Allied in the last decade are now in default, and more than half of those originated between 2006 and 2008 are in default. This is a problem not only because those defaults have cost taxpayers millions, but also because as an FHA-insured lender, Allied had to certify to the department of Housing and Urban Development (HUD) that it was reviewing loan applications based on an established quality control program. It did so, but the “certifications were knowingly false” thanks to its “hundreds of shadow unapproved branch offices that originated FHA loans” and could not be audited because on paper they did not exist.

According to the lawsuit, “Allied…operated its branches like franchises, collecting revenue while the branches were profitable, then closing them without notice when they were not, leaving the branch managers liable for the branch’s financial obligations”[2]. In response to the investigation, HUD and Ginnie Mae have suspended the lender from originating or underwriting new mortgages and from issuing securities through its mortgage-backed securities (MBS) program[3]. “We will not tolerate mortgage lenders who play fast and loose with the FHA’s standards,” said HUD general counsel Helen Kanovksy, promising that the lender would “be held to account” for its actions and that a criminal suit would follow should sufficient grounds be available.

Freddie Mac Requests $6B More in Taxpayer Aid

Freddie Mac Requests $6B More in Taxpayer Aid

11/03/2011 By: Carrie Bay

The nation’s second largest mortgage company is asking the U.S. Treasury for another $6 billion in capital support after posting its largest quarterly loss in over a year.

Freddie Mac said Thursday that it recorded a net loss of $4.4 billion for the quarter ended September 30, 2011, compared to a net loss of $2.1 billion over the previous three-month period and $2.5 billion for the third quarter of 2010.

The McLean, Virginia-based GSE explained that while its latest earnings results reflect net interest income of $4.6 billion, the company shouldered a $4.8 billion loss on derivatives and a $3.6 billion provision for credit losses.

Freddie Mac’s CEO Charles E. Haldeman, Jr. pointed out that hundreds of thousands of borrowers refinanced into lower mortgage rates or shorter mortgage terms in the third quarter. Long-term interest rates declined by approximately 125 basis points in the third quarter, compared to a decrease of about 30 basis points in the second quarter.

“[T]he borrowers we helped to refinance will save an average of $2,500 in interest payments during the next year,” Haldeman said.

While the savings bode well for homeowners and should help to ensure those who were struggling to make their payments will remain current, it means less money coming in for the GSE, resulting in higher loss severity rates and thus the recorded increase in Freddie Mac’s provision for credit losses.

Such losses will likely grow over the coming quarters with the administration’s retooling of the Home Affordable Refinance Program (HARP), which is expected to allow another 1 million borrowers with loans backed by Freddie Mac and sibling Fannie Mae to take out new mortgages at today’s rock-bottom rates.

The GSEs’ are expected to issue guidance about the HARP changes to their mortgage servicers by November 15.

Freddie Mac says the increase in its third-quarter credit loss provision was also driven lower expectations for mortgage insurance recoveries, as a result of the deteriorating financial condition of certain mortgage insurers used by the company.

Freddie’s $4.4 billion loss in the third quarter combined with the $1.6 billion dividend payment it made to Treasury for past bailout money left the GSE with a $6 billion net worth deficit as of the end of September. To eliminate this deficit, the Federal Housing Finance Agency (FHFA), as conservator, is submitting a draw request to Treasury for the same amount.

The company’s Q3 draw is the largest quarterly request since the first quarter of 2010, and brings the cumulative amount of Freddie Mac’s taxpayer-supported bailout to $72.2 billion. The GSE has returned $14.9 billion to Treasury in the form of cash dividends.

Freddie Mac’s single-family serious delinquency rate was 3.51 percent as of the end of September, nearly unchanged from 3.50 percent at mid-year, but the company says its rate remains “substantially below industry benchmarks.” The GSE also stressed that new single-family business acquired after 2008 continues to demonstrate stronger credit quality.

Freddie Mac says it helped approximately 48,000 struggling borrowers avoid foreclosure in the third quarter, finding home retention solutions – including loan modifications, repayment plans, and forbearance agreements – for three out of every four. The GSE completed 11,744 short sale and deed-in-lieu transactions over the three-month period.

Freddie carried $127.9 billion in non-performing assets as of the end of September, including single-family and multifamily loans that have undergone a troubled debt restructuring, are seriously delinquent, in foreclosure, and REO. That figure represents 6.6 percent of the company’s total mortgage portfolio.

The GSE’s REO operations expense skyrocketed to $221 million in the third quarter, compared to $27 million for the second quarter. REO operations expense primarily consists of costs incurred to maintain foreclosed properties, valuation adjustments on properties, disposition gains or losses, and recoveries from credit enhancements, such as mortgage insurance.

Freddie Mac says the increase in REO operations expense last quarter was primarily driven by higher REO holding period write-downs as fair values declined during the third quarter, as well as a reduction in projected recoveries on mortgage insurance.

Government Issues Housing Data, Says There’s ‘Much More Work to Do’

Government Issues Housing Data, Says There’s ‘Much More Work to Do’

11/03/2011 By: Carrie Bay

Treasury has released a new progress report on its Making Home Affordable initiative, covering all the “H” acronyms – HAMP, HARP, and HAFA.

Since the program started in April 2009, 857,000 homeowners have received permanent loan restructurings under the Home Affordable Modification Program (HAMP), and 894,000 have refinanced their mortgages through the Home Affordable Refinance Program (HARP). Home Affordable Foreclosure Alternatives (HAFA) transactions tally just under 19,000.

The grand total of homeowners who’ve received assistance through the government’s “H” programs: 1,777,000.

HUD Assistant Secretary Raphael Bostic says “we saw a continued fall in mortgage defaults” last month due in part to foreclosure prevention programs reaching more borrowers upstream in the process. But Bostic is quick to add, “We have much more work to do.”

Treasury’s latest report shows HAMP trials started during the month of September held steady from the previous month at 26,000, while permanent mods increased by nearly 50 percent to 40,100.

Treasury says HAMP continues to exhibit lower delinquency and redefault rates than other modifications, with just 10 percent behind on their payments by 60 days or more after six months in the program.

Homeowners in active permanent HAMP modifications save a median of $526 per month –more than one-third of the median before-modification payment, according to Treasury. To data, homeowners in permanent HAMP modifications have saved an estimated $8.8 billion in monthly mortgage payments.

Treasury says there are now just 974,095 delinquent borrowers eligible for HAMP assistance.

Treasury also highlighted other foreclosure prevention efforts in its report. The Federal Housing Administration’s (FHA) loss mitigation interventions totaled 39,000 in September. Servicers’ proprietary mods, which Treasury listed under the HOPE NOW banner came to 55,800 for the month.

This report is the first to include a data breakdown on HARP. During the month of September, 28,900 homeowners with Fannie Mae- and Freddie Mac-backed loans refinanced through the program at lower interest rates.

Short sales continue to claim the lion’s share of HAFA transactions. Servicers completed 2,512 HAFA short sales in September and 91 HAFA deeds-in-lieu.