Author Topic: A most entertaining wrinkle to the mortgage fiasco  (Read 6987 times)

wooderson

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A most entertaining wrinkle to the mortgage fiasco
« on: February 26, 2008, 07:18:17 PM »
http://www.bloomberg.com/apps/news?pid=20601109&sid=aejJZdqodTCM&refer=home

Hard to foreclose when you can't prove that you own the note.
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Tuco

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #1 on: February 26, 2008, 07:23:08 PM »
Why can't people take responsibility for their debts?
This saddens me in many different ways.
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De Selby

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #2 on: February 26, 2008, 07:30:01 PM »
Why can't people take responsibility for their debts?
This saddens me in many different ways.

For the same reason lenders can't take responsibility for their bad loans.
"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

Headless Thompson Gunner

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #3 on: February 26, 2008, 08:23:39 PM »
Tell me SS, which lender in this story isn't taking responsibility for his bad loan?

De Selby

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #4 on: February 26, 2008, 08:54:13 PM »
Tell me SS, which lender in this story isn't taking responsibility for his bad loan?

All those who expect payment on loans where the numbers obviously did not provide any substantial grounds for believing that the loan would be repaid.   

It isn't responsible to loan money to someone who you know beforehand can't pay, and then to tie up the civil courts with your garbage foreclosures and lawsuits to get back money you should have known you weren't going to get back even before you loaned it out.

I don't support burning valuable public judicial resources to help lenders who were irresponsible.  The lenders who went around buying up securities with garbage loans packed in, and who didn't even bother to make sure that they were purchasing an assignment, are wasting public funds and time. 

Didn't bother to ensure that you actually bought something, and you're a major corporation whose multi-million dollar executives are supposed to be experts in this kind of securities trading?  Don't waste my public dollar for your woes.


"Human existence being an hallucination containing in itself the secondary hallucinations of day and night (the latter an insanitary condition of the atmosphere due to accretions of black air) it ill becomes any man of sense to be concerned at the illusory approach of the supreme hallucination known as death."

HankB

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #5 on: February 27, 2008, 03:39:34 AM »
I don't have sympathy for people who took out loans for homes they couldn't afford with adjustable-rate mortgages, and now find that, wow, they really CAN'T afford their little McMansion.

On the other hand, what I found to be a particularly damning statement in the story was the following quote, made on behalf of the lenders:

Quote
Requiring banks to produce the paperwork at a foreclosure hearing is a nuisance, said Jeffrey Naimon, a partner in the Washington office of Buckley Kolar LLP.

Since when is EVIDENCE in a legal preceeding a nuisance? If you're proceeding against someone, you d@mn well BETTER have the EVIDENCE in order!!!

*************************************************************

LAWYER: "Your Honor, Joe Sixpack owes me $50,, and he signed a promissory note for it."

JOE SIXPACK: "Your Honor, I never saw this man in my life."

LAWYER: "We bought the note from Acme Investments, who, bought the note from Prime Mortgage, who bought the note from Ajax Lenders, who bought the note from . . . "

JUDGE: "OK, enough already, let's just see the note you say you bought."

LAWYER: "I don't have it, Your Honor. We don't know where it is."

JUDGE: "I need to see the note as proof of the debt."

LAWYER: "I have to PROVE Joe Sixpack owes me money? That's really a nuisance, Your Honor. Why isn't it enough for me just to say he owes me the cash?"


****************************************************************

The fact that a lawyer makes such an outrageous statement shows the arrogance and chutzpah that is infecting the legal profession.
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wmenorr67

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #6 on: February 27, 2008, 04:05:23 AM »
Hey keep the foreclosures coming.  When I get back from Iraq the wife and I are going to be looking for a house to call a home for a very long time.  If the trend keeps going we should be able to afford a very nice house and I know better than to get caught up with an ARM.
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Manedwolf

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #7 on: February 27, 2008, 04:11:37 AM »
Hey keep the foreclosures coming.  When I get back from Iraq the wife and I are going to be looking for a house to call a home for a very long time.  If the trend keeps going we should be able to afford a very nice house and I know better than to get caught up with an ARM.

Nah, they'd rather reward people for having bought beyond their means for instant gratification. If Hilbama gets in, all those people who bought a $600k house on a $40k salary with an interest-only will get to stay in them via government grants handouts, and the people who were fiscally responsible will be laughed at for having missed the party.

wmenorr67

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #8 on: February 27, 2008, 04:17:54 AM »
Hopefully the VA loan program will assist me into getting more house for my buck.
There are five things, above all else, that make life worth living: a good relationship with God, a good woman, good health, good friends, and a good cigar.

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Brad Johnson

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #9 on: February 27, 2008, 04:47:29 AM »
Hopefully the VA loan program will assist me into getting more house for my buck.

Nope.  Call it urban legend, fallacy, poor information, whatever.  Thought the debt-to-income guidelines are slightly more relaxed on VA loans, the program has nothing to do with getting you more house.  It is specifically tailored to give you the option of no down payment (financing 100% of the mortgage loan, you still have closing costs, insurance, etc, so don't go around thinking it's a zero-out-of-pocket thing).

By the way, the VA is not making you the loan.  They are guaranteeing it for the lender.  Technically it's is a "VA Guaranteed" loan.

VA's are great if you have decent credit but little pocket money.  You can borrow 100% against the house and negotiate with the seller to pay some (and sometimes all) of your incidental closing expenses.  However, don't lock yourself into thinking a VA is the best way to go.  There are conventional products that can, and often do, beat a VA in certain situations. 

One final note.  Being ex-military doesn't mean you automatically get a loan "just because".  You still have to meet the debt-to-income ratio guidelines and have a relatively clean financial history.  In other words you need income and a decent credit rating.  Figure a score of at least 620-630 and no Unpaids or Collections on your credit report.  A late pay here and there is usually okay (maybe one or two a year) but an unpaid debt will have to be serviced before someone will loan you money for a house.

Brad
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Tuco

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #10 on: February 27, 2008, 05:12:41 AM »


It isn't responsible to loan money to someone who you know beforehand can't pay, and then to tie up the civil courts with your garbage foreclosures and lawsuits to get back money you should have known you weren't going to get back even before you loaned it out.



This deadbeat was a software company executive, hardly the kind of Podunk illiterate that doesn't know that he should read the fine print.  He's manipulating the public sympathy the sympathy all weaklings that feel mommy should come and clean up their spilled milk. 

I wonder how Mr I Don't Wanna Pay reconciles his lack of debt responsibility to the failure of his software firm.   Oh, that's right, they are symptoms of one and the same malady, LACK OF FISCAL RESPONSIBILITY.

Back of man, I don't care to hear your weakly reasoned rebuttal, it's my birthday.
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VA Loans
« Reply #11 on: February 27, 2008, 05:26:10 AM »
wmenorr67:

Brad makes some good points, but you can get some really good deals on VA loans if you look around.

Our experience was that loan brokers had the best service & were most on top of the deal, but that they were the most costly way to get a loan.

Banks with a local branch were not so swift on the paperwork, but gave us a terrific deal and we were able to get into our home for a very good rate (for the time) and for minimal closing costs.  Just ride 'em hard.

Toss in my VA disability and we did not have to pay even the $2k the VA usually requires.



As to the original post, I am not too keen for either party.

Not honoring your debts is not good, but playing free & easy with paperwork that binds my *expletive deleted*ss and then insisting you don't have to be bound by similar requirements is asinine.



Hopefully, the next time lenders will stand up to the race-motivated bullying and refuse to lend to people who are bad risks.
Regards,

roo_ster

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Brad Johnson

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #12 on: February 27, 2008, 05:34:28 AM »
Quote
Our experience was that loan brokers had the best service & were most on top of the deal, but that they were the most costly way to get a loan.

Banks with a local branch were not so swift on the paperwork, but gave us a terrific deal and we were able to get into our home for a very good rate (for the time) and for minimal closing costs.

Hate to break it to you, but that bank you liked so much is a loan broker, too.  They just gave you a better rate.

Comparing loans is a must.  Lenders play the rate game a lot, offering some insanely low rate that ends up costing you a couple points in buydowns to get it.  But people still do it because they fixate on rate.  They don't take the ten seconds it would require to calculate the actual payment difference vs the buydown cost and see what the break-even is.

Here in Lubbock we are spoiled rotten when it comes to mortgages.  Loans here are rate-competitive (often beating the big boys), come without buydowns or points, and rarely cost more than $800 in actual fees.  Unless you hang yourself with some jickeylender.com or fall prey to one of the b-paper shops that have recently come in, you are usually in pretty good shape.

Brad
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Silver Bullet

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #13 on: February 27, 2008, 05:35:46 AM »
Quote
Hopefully, the next time lenders will stand up to the race-motivated bullying and refuse to lend to people who are bad risks.

I suspect, but don't actually know, that this is true.  If the lenders had stood up to the bullying, they would have been accused of profiling.

roo_ster

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #14 on: February 27, 2008, 06:03:00 AM »
Quote
Our experience was that loan brokers had the best service & were most on top of the deal, but that they were the most costly way to get a loan.

Banks with a local branch were not so swift on the paperwork, but gave us a terrific deal and we were able to get into our home for a very good rate (for the time) and for minimal closing costs.

Hate to break it to you, but that bank you liked so much is a loan broker, too.  They just gave you a better rate.

Comparing loans is a must.  Lenders play the rate game a lot, offering some insanely low rate that ends up costing you a couple points in buydowns to get it.  But people still do it because they fixate on rate.  They don't take the ten seconds it would require to calculate the actual payment difference vs the buydown cost and see what the break-even is.

Here in Lubbock we are spoiled rotten when it comes to mortgages.  Loans here are rate-competitive (often beating the big boys), come without buydowns or points, and rarely cost more than $800 in actual fees.  Unless you hang yourself with some jickeylender.com or fall prey to one of the b-paper shops that have recently come in, you are usually in pretty good shape.

Brad

Yeah, they sold off the load a couple months after we closed.  My point was, I was able to get better rates from banks (shopped several) than I was from companies that are primarily mort brokers (shopped several).

The pattern was pronounced enough for me to notice it at the time.

Is that $800 total paid on the loan at closing, with no other loan costs rolled into the loan?  The term "fee" can be used in a loose manner, I have found.
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roo_ster

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mtnbkr

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #15 on: February 27, 2008, 06:18:26 AM »
Nah, they'd rather reward people for having bought beyond their means for instant gratification. If Hilbama gets in, all those people who bought a $600k house on a $40k salary with an interest-only will get to stay in them via government grants handouts, and the people who were fiscally responsible will be laughed at for having missed the party.

Nobody's buying $600k houses on $40k/year.  The payment, even interest only, would be just about the entire paycheck each month.  They *might* be qualifying for $200k houses with $40k and some creative mortgages.

I would wager that to even consider the $600k level, you had to be pushing $100k yearly.  That's still getting in over your head (without a massive downpayment), but it is at least doable with "creative" financing, unlike the same house with a $40k salary.

The only party you missed was not getting a standard loan on a modest house when the mortgages were easy to get and the market hadn't started its insane climb.  That was 7-8  years ago around here.  A year or two later and you would've been in the steepest part of the market's climb with no sign of things slowing for at least another year or two after that.

Chris

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #16 on: February 27, 2008, 06:55:38 AM »
Quote
Yeah, they sold off the load a couple months after we closed.  My point was, I was able to get better rates from banks (shopped several) than I was from companies that are primarily mort brokers (shopped several).

Chances are it was sold off the moment you signed the application.  It would be unusual for it not to be.  It took a month or two for the paperwork to go through and the new underwriter to start notifying you.  And they originated it with that specific underwriter and loan product in mind.  The underwriter will not buy the loan unless it meets their product guidelines so the lender, even though it was a local bank, set up the loan from the outset to conform to those guidelines.  They are still mortgage brokers, they just do it as part of their everyday banking function and not as a stand-alone mortgage entity.

Quote
Is that $800 total paid on the loan at closing, with no other loan costs rolled into the loan?  The term "fee" can be used in a loose manner, I have found.

That $700-$800 will be called any number of inane things and is usually made up of two or three lesser amounts in the $200-$400 range.  Document Handling Fee, Processing Fee, Preparation and Clerical Fee, etc, it is still the way the lender is getting paid.  They also receive a small commission from the underwriter for setting up the loan, though it's not the giant windfall you'd expect.

The loan amount is charged to you at close and will show up as a debit on your side of the closing statement along with the other fees, charges, etc. 

People usually run themselves in circles trying to make a particular payment apply to a particular charge or fee.  Don't.  Look at it as two very large number - total debits and total credits - with any difference between the two being paid out of your pocket. 

What most people call a "down payment" is, in the lender's eyes, simply an amount by percentage of house price they want the buyer to pay into the transaction.  A buyer with monetary interest in a home is more likely to properly maintenance the debt obligation (i.e. you're more likely to make payments on time rather than risk losing money already invested in the home).  Calling it a down payment instead of something like "vesting charge" is easier for buyers to understand.  Unfortunately it tends to create confusion at close.  Buyers are faced with a big, jumbled list of pluses and minuses when they were actually expecting was specific payments applied as specific credits for each line item.

The actual closing fee calculation are pretty straightforward if you stop thinking "specific payment to specific fee" and start considering it as the sum of many line item debits/credits.  Take the sales price of the home, add in all other expenses associated with the transaction - lender fees, appraisals, inspections, insurance, title company and legal fees, etc - and roll it all into one big number.  Add up all the credits - loan (usually 95-98% of the purchase price), good faith funds already paid, any seller contribution, etc. - and subtract that from the debit total.  Whats left is Amount Due To/From borrower. 

In general you will see the FROM box checked.  Rarely do buyers get any money back at closing, and then in an amount that cannot exceed the funds they have personally paid in (in other words no cash back in excess of your earnest money).  That would be, on paper at least, a cash-out home equity loan using a value in excess of 80% of the value of the home.  A federal no-no.

Brad
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doc2rn

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #17 on: February 27, 2008, 07:11:07 AM »
The problem with the notes stems from them turning the debt into bundled stocks then selling the debt overseas. Then turning around and saying but we sold them the note, we should be able to collect on his default. When the person overseas now legally owns the property because he bought the note.

The Rabbi

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #18 on: February 27, 2008, 07:24:59 AM »
Why can't people take responsibility for their debts?
This saddens me in many different ways.

For the same reason lenders can't take responsibility for their bad loans.
I'd call losing money taking responsibility.  Lenders make money when the loan is repaid.  If it isn't repaid, then they lose money.
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AmbulanceDriver

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #19 on: February 27, 2008, 08:03:10 AM »
I find myself in agreement with the statement that debts are to be repaid.  Yet, I agree with HankB.  If they are attempting to pursue legal action, it is THEIR responsibility to provide the evidence that they own the debt.
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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #20 on: February 27, 2008, 08:28:31 AM »
Where's the deed?

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The Rabbi

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #21 on: February 27, 2008, 08:29:09 AM »
Yes, if lenders are too stupid to do proper paperwork, then they forfeit their rights.  Seems obvious.
There is a corporate job somewhere for someone to cull through all the mess and establish proper ownership and initiate collection procedures.
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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #22 on: February 27, 2008, 08:32:02 AM »
Where's the deed?


The deed is recorded.  That isn't the problem.  The problem seems to be (from a 10second reading of the story) that there was no assignment recorded so while Joe Blow mortgaged his house Skrewem Mortgage Inc, when Skrewem sold the loan to Weirdum Servicing they failed to file the assignment that would show transfer of ownership.  Skrewem then went out of business and the records went to recycling.  So Weirdum is stuck being unable to prove they own the mortgage they bought.
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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #23 on: February 27, 2008, 10:03:39 AM »
I would wager that to even consider the $600k level, you had to be pushing $100k yearly.  That's still getting in over your head (without a massive downpayment), but it is at least doable with "creative" financing, unlike the same house with a $40k salary.
The old "rule of thumb" was that your home ought not be priced at more than 2.5 times your gross salary. That rule has gone by the wayside somewhat, but buying a $600k property on a $100k salary is asking for trouble.

Here in TX, your property taxes are going to be awfully high on such a home (the price of having no state income tax!) at, most likely, 2.5% - 3% of appraised value, at least here in the Austin area. That means you may get a bill of as much as $18,000 a year for property taxes - which is a BIG hit on a $100k salary.
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Brad Johnson

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Re: A most entertaining wrinkle to the mortgage fiasco
« Reply #24 on: February 27, 2008, 10:13:46 AM »
Most conforming products include taxes and insurance in the debt to income ratio calculations.

Underwriters have pulled back, hard, on the ratio limits.  We were seeing the 50+% ratios if the borrower had 700+ credit scores.  Credit scores in the 800s were (and in some cases still are) going straight stated income with no documentation.  Now they are mostly back to the old-standy 36/41 systems.

Brad
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