What Does “The Freeze” Mean for Us?
The Situation: No, no. I’m not talking about The Jersey Shore here. I am talking about the “Foreclosure Freeze” taking place in various states around the U.S. If you haven’t heard yet, the housing market has, yet again, taken another strange turn into the unknown. According to an October 6th post on the KCMblog, “Because of the flood of foreclosures needing to be processed, there were employees who signed off on thousands of foreclosures attesting to the accuracy of the documents without having much personal knowledge of what they contained. These employees became known as ‘robo-signers’. It now appears that hundreds, many thousands of homes might have been foreclosed on without the proper procedures being followed.” (click here for full story)
As you can see, this creates quite a problem in the eyes of the government. The politicians called for an industry-wide moratorium on foreclosures until some of these banks can prove that their process of foreclosing was both ethical and legal. Bank of America announced its freeze on foreclosures in all 50 states while other banks have announced the same in 23 others.
If you’re buying a foreclosure: If you are buying a foreclosure, anticipate potential delays. I do not believe there will be numerous cancellations of purchase agreements, however. The important thing is to realize that you are getting a substantial savings on the purchase even though the process may be a bit tedious. Be prepared for an example like the one reported last week in the Washington Post if you’re purchasing a foreclosure. That article recalled a situation as “Nick Chaconas, a Maryland real estate agent, said he was one week from completing a foreclosure deal for one client, who was buying a $470,000 fixer-upper in Potomac, when an e-mail arrived putting the deal on the skids. The e-mail, from the title insurance company involved in the deal, said the mortgage lender PNC was suspending foreclosure sales for at least 30 days ‘”due to a review being undertaken on all foreclosure files.”‘
Just a heads up.
If you’re selling your home: If your home is in foreclosure, it would be worth a call to your mortgagor to see if they are actually taking the right steps AND also check to see if your home is one of the “frozen” ones.
If your home is NOT in foreclosure, this may actually be the silver lining in all of this. If banks aren’t able to put foreclosed homes on the market due to them being frozen and all, surprise surprise….there will be less foreclosures on the market. Yip-eee! As noted by RealtyTrac, bank-owned homes sold for 35% less than traditional sales last year. As is the case in most supply and demand situations, the cheapest items sell first. With a few of these foreclosures off the market and no more coming on while they figure out this mess, there may be a window of opportunity for a seller to maximize the price they receive for their home if they sell in the next 90 days. No promises, but this makes sense.
What does this mean for the market in general?: It’s really tough to say at this point. My estimations are along the same line as the Washington Posts’ article last week stating “It would not help the recovery of the economy, or the real estate market, if the foreclosure process became so hopelessly tangled that banks and investors effectively lose the ability to recoup the remaining value of their collateral. That would provide some immediate financial relief to households facing foreclosure, but it would encourage many more homeowners to begin shirking their mortgage payments in the belief that they would also be able to avoid the consequences. The long-term consequences of that would be that mortgage rates would be higher and mortgage loans would be smaller and harder to get.”
I think this could be a good thing for sellers in the next 3-5 months due to less competition from the foreclosure markets. However, as Steve Pearlstein said in the above excerpt, the long-term damage of this crisis could prolong the flood of foreclosures and even make it worse.
Question: If you hold back water with a dam, what happens when that dam collapses?
Answer: Flood.