Forth Hoyt’s Resume; Short Sale Certifications And Real Estate Designations

Forth Hoyt, Sacramento Area Certified Short Sale Specialist

Forth Hoyt, Sacramento Area Certified Short Sale Specialist

Forth Hoyt

CRS, CDPE, RDCpro, SRES, e-PRO, PSC

Certified HAFA Specialist,

Certified Mortgage Resolution Specialist

Certified Home Retention Specialist

Sacramento County Master’s Club

Certified Pre-Foreclosure and Short Sale Specialist

California Real Estate License #01319540

forthhoyt@kw.com

Objective:

To assist you and your family with your real estate needs.  To enable a quick, professional, efficient, hassle free transaction through our unsurpassed market knowledge, buyer acquisition systems and negotiation skills.

Designations

Summary of Qualifications


Brief History

-2005-present

Keller Williams, Folsom, Ca. (KW is the second largest brokerage in our area.)

Team Leader; The Hoyt Group.  2007 top 1% in production for office.

-2003-2005

RE/MAX Gold, Granite Bay (RE/MAX Gold is second largest brokerage in our area)

Lead Listing Specialist with Team Conway. Team Conway was the #1 Agent Team with RE/MAX Gold in 2003, 2004 with my assistance- I listed and sold up to 42 listings annually, as a team we did over 250  transactions annually consistently #1 or #2 agent team; RE/MAX Gold.

-2001-2002

RE/MAX Gold, Granite Bay

Obtained my real estate agents license in 2001 and began working as lead generator and marketing consultant/coordinator for the Ric Chen. The 2002 yr. #1 listing agent; RE/MAX Gold.

Real Estate and Related Education


Forth Hoyt has become one of the Sacramento area’s premier real estate agents, and a Sacramento short sale and pre-foreclosure specialist. Through his devotion to learning, his work ethic and tenacity and eleven years of Sacramento area Real Estate Experience and hundreds of transactions, Forth has the knowledge and background to provide you with a winning real estate experience!

CRS, CDPE, PFC, IMSD, Certified HAFA Specialist,

RDCPro, A-REO, SFR, SRES, e-PRO, Master’s Club

Certified Mortgage Resolution Specialist
Certified Home Retention Specialist

Certified Pre-Foreclosure Specialist

Short Sale And Foreclosure Resource Designation

SFR_cmyk.jpg picture by justthegrownups The National Association of Realtors

Only Short Sales and Foreclosure Resource Program

Authored by Forth Hoyt | Discussion: 2 Comments »

How Will The Market Respond When California’s New Anti Deficiency Law Goes Into Effect?

California's Newest Short Sale Anti Deficiency Law Will Save Many Homeowners From Deficiency Judgments

California's Newest Short Sale Anti Deficiency Law Will Save Many Homeowners From Deficiency Judgments

Sacramento Short Sale Specialist and Certified Short Sale Negotiator Forth Hoyt reports on California’s newest anti deficiency law for short sellers

SB 931, recently enacted legislation governing “short sales,” goes into effect Jan 1, 2011,  The Legislation applies to any note secured by a first deed of trust or first mortgage for a dwelling of not more than four units. SB931 protects Homeowners as well as Investors, as it is not limited to consumer transactions, nor limited to homeowner occupied dwellings.

…it specifically states that it doesn’t matter if the first note or mortgage was refinanced or not, can be for any amount, and is not limited to owner-occupied dwellings.

So SB931 and California Code of Civil Procedure 580e will give Sacramento Short Sellers exactly the same protection to first deeds of trust and first mortgages.

When this happens, Short Sales in Sacramento will surely increase- no more will homeowners and investors be told by their attorneys to “just let it go back to the bank”.  You see, in the past, if a loan was not “purchase money” the law stated that in a short sale, the bank had the right to pursue a deficiency judgement for the amount the bank lost: the amount between the short sale and the amount owed.  If the home went to foreclosure, there was no such risk…

Questions on your particular situation?

Contact us Today At Forth Hoyt’s Sacramento Short Sale Center

Questions on Why to Short Sale?

Short Sale VS. Foreclosure …Tough Decisions Facing Sacramento Area Homeowners Today

Need information on the newest government anti foreclosure programs?

New Government Foreclosure Prevention Program Eligibility- Which Programs Do You Qualify For?

Authored by Forth Hoyt | Discussion: No Comments »

SB931 New California Short Sale Law Stops Banks In Their Tracks On First Mortgages

Short Sales Now Exempt From Anti Deficiency

Short Sales Now Exempt From Anti Deficiency

Stops Deficiency Judgments On All First Mortgages After Short Sale

California SB931, signed October 1, 2010 stops lenders from pursuing deficiency judgments on all first mortgages after short sales in California.

Questions about your particular situation? Contact us Today At Forth Hoyt’s Sacramento Short Sale Center.

In layman’s terms; this new California short sale law means the bank can’t come after you on the amount they were shorted after they agree to a short sale and issue a Short Sale Approval Letter.

New Government Foreclosure Prevention Program Eligibility- Which Programs Do You Qualify For?

Check out the official Full Text from Around The Capital:

SB 931 (Ducheny)
Mortgages: deficiency judgments.

LEGISLATIVE COUNSEL’S DIGEST

SB 931, as amended, Ducheny.

Mortgages: deficiency judgments. Existing law authorizes an action for a deficiency judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, as specified. Existing law prohibits a deficiency judgment in any case in which the real property or an estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust.

This bill would prohibit a deficiency judgment under a note secured by a first deed of trust or first mortgage for a dwelling of not more than 4 units in any case in which the trustor or mortgagor sells the dwelling for less than the remaining amount of the indebtedness due at the time of sale with the written consent of the holder of the first deed of trust or first mortgage. The bill would provide that written consent of the holder of the first deed of trust or first mortgage to that sale shall obligate that holder to accept the sale proceeds as full payment and to fully discharge the remaining amount of the indebtedness on the first deed of trust or first mortgage. The bill would specify that those provisions would not limit the ability of the holder of the first deed of trust or first mortgage to seek damages and use existing rights and remedies against the trustor or mortgagor or any 3rd party for fraud or waste if the trustor or mortgagor commits either fraud with respect to the sale of, or waste with respect to, the real property that secures that deed of trust or mortgage. The bill would make these provisions inapplicable if the trustor or mortgagor is a corporation or political subdivision of the state.

Even If Refinanced; Even If Cash Out! No More Deficiency Judgments After A Short Sale in California On First Mortgages! Whether Refinanced Or Not!

Authored by Forth Hoyt | Discussion: 1 Comment »

Three Distinct HAFA Programs: Home Affordable Foreclosure Alternatives – Short Sale and Deed-in-Lieu of Foreclosure Update

Certified HAFA Short Sale Specialist

Certified HAFA Short Sale Specialist

Sacramento Short Sale Certified Specialist Forth Hoyt Explains and Shares Information on HAMP and HAFA, and shows how they are the same programs.  Read on to find out and guidelines for the three different HAFA programs.

I have been on a Short Sale Webinar with Partner First Nationwide real Estate Network (where I got my PCS SHORT SALE Certification)with Scott Thompson – It was called “Pre-Listing Appointment Strategies in Today’s HAFA Era. ”

The program included great information on the three distinct HAFA programs out there.  This information just affirmed what I have always done and continue to do: to help Sacramento Short Sale Sellers make the right decisions.  In order to do this Short Sale Sellers in Sacramento need up to date information. As a Sacramento certified Short Sale agent and Expert Sacramento Short Sale Negotiator, I make sure my clients understand every option, every detail of each of the different programs they may be eligible for so that they can make a wise choice and understand the consequences and ramifications of each of the Foreclosure Alternatives available to homeowners today.

Learned some great places to go to actually see the Short Sale Supplemental Directives, or actual HAFA short sale program  documents and guidelines on HAFAHAFA program guidelines are very different for each of the different programs, the Treasury Dept HAFA (covers all private investors; (not Fannie Mae, Freddi Mac, VA or FHA), The Fannie Mae HAFA and the Freddie Mac HAFA.

I’ll include the links and even copy the guidelines here-

Treasury’s HAFA for Private Investors:

Help For America’s Homeowners By Making  Home Affordable

Supplemental Directive 09-09 Revised March 26, 2010
Home Affordable Foreclosure Alternatives – Short Sale and
Deed-in-Lieu of Foreclosure
Update

Background
In Supplemental Directive 09-01, the Treasury Department (Treasury) announced the eligibility, underwriting and servicing requirements for the Home Affordable Modification Program (HAMP). Under HAMP, the servicers apply a uniform loan modification process to provide eligible borrowers with sustainable monthly payments for their first lien mortgage loans. While HAMP program guidelines are intended to reach a broad range of at-risk borrowers, it is expected that servicers will encounter situations where they are unable to approve a HAMP modification request, a HAMP modification is offered and not accepted by the borrower, or the borrower falls out of a HAMP modification. In these instances, the borrower may benefit from an alternative that helps the borrower transition to more affordable housing and avoid the stigma of a foreclosure.
This Supplemental Directive replaces in its entirety Supplemental Directive 09-09 and is effective as of April 5, 2010. This Supplemental Directive provides guidance to servicers for adoption and implementation of the Home Affordable Foreclosure Alternatives Program (HAFA).  HAFA is part of HAMP and provides financial incentives to servicers and borrowers who utilize a short sale or a deed-in-lieu to avoid a foreclosure on an eligible loan under HAMP. Both of these foreclosure alternatives reduce the need for potentially lengthy and expensive foreclosure proceedings. The options help preserve the condition and value of the property by minimizing the time a property is vacant and subject to vandalism and deterioration. In addition, these options generally provide a substantially better outcome than a foreclosure sale for borrowers, investors and communities.

Read the rest of the Treasury’s HAFA Guidelines for All Non GSE’s Here


Questions  on your particular situation?                                                                                                                                  Contact us today at Forth Hoyt’s Sacramento Short Sale Center


Fannie Mae’s HAFA Guidelines for their GSE owned FANNIE OWNED HAFA:

The Fannie Mae HAFA Guidelines are covered in the Announcement SVC 2010-07  Introduction of Fannie Mae’s Home Affordable Foreclosure Alternatives Program

Introduction
In Announcement 09-05R, Reissuance of the Introduction of the Home Affordable Modification
Program,
HomeSaver Forbearance™, and New Workout Hierarchy, Announcement 09-31, Updates and Clarifications to the Home Affordable Modification Program, and in Announcement SVC-2010-03, Home Affordable Modification Program – Program Update and Resolution of Active Trial Modifications, Fannie Mae announced the eligibility, underwriting and servicing requirements for the Home Affordable Modification Program (HAMP). Under HAMP, servicers use a uniform loan modification process to provide eligible borrowers with sustainable monthly payments for first lien mortgage loans.
On November 30, 2009, the Treasury Department (Treasury) released policy guidance related to the Home Affordable Foreclosure Alternatives (HAFA) Program to mitigate the impact of foreclosure on borrowers eligible for but unsuccessful under HAMP. This policy guidance was supplemented by the reissuance of the Treasury’s Supplemental Directive 09-09 on March 26, 2010. HAFA is part of HAMP and provides financial incentives to servicers and borrowers who utilize a short sale (referred to in the Servicing Guide as a “preforeclosure sale”) or a deed-in-lieu of foreclosure (DIL) to avoid a foreclosure on an eligible loan under HAMP. Both of these foreclosure alternatives reduce the need for potentially lengthy and expensive foreclosure proceedings. The options help preserve the condition and value of the property by minimizing the time a property is vacant and subject to vandalism and deterioration. In addition, these options generally provide a substantially better outcome than a foreclosure sale for borrowers, investors, and communities.
The Fannie Mae HAFA program simplifies and streamlines the use of short sales and DIL options by incorporating the following unique features:

Read entire Fannie Mae HAFA Supplemental Guidelines Here

Questions  on your particular situation?                                                                                                                                  Contact us today at Forth Hoyt’s Sacramento Short Sale Center


HAFA Guidelines for Freddie Mac -  their GSE owned Freddie Mac HAFA:

Freddie Mac Bulletin For Freddie Mac Servicers – Subject: Home Affordable Foreclosure Alternatives

Mortgage and Borrower Eligibility

SUBJECT: HOME AFFORDABLE FORECLOSURE ALTERNATIVES
With this Single-Family Seller/Servicer Guide (“Guide”) Bulletin, we are announcing Freddie Mac’s requirements for the United States Department of the Treasury (“Treasury”) Home Affordable Foreclosure Alternatives (HAFA) initiative.
BACKGROUND
In Guide Bulletin 2009-6, Freddie Mac announced its eligibility, underwriting and servicing requirements for the Home Affordable Modification Program (HAMP). These requirements are incorporated into Guide Chapter C65, Home Affordable Modification Program (as amended by Bulletins 2009-26, 2009-28, 2010-1 and 2010-3). Under HAMP, Servicers apply a uniform loan modification process to provide eligible Borrowers with sustainable monthly payments for their First Lien Mortgages. While HAMP is intended to reach a broad range of at-risk Borrowers, it is expected that Servicers will encounter situations where HAMP is not a viable option.
On November 30, 2009, Treasury released Supplemental Directive 09-09, Introduction of Home Affordable Foreclosure Alternatives – Short Sale and Deed-in-Lieu of Foreclosure, which was subsequently revised on March 26, 2010 by Supplemental Directive 09-09R. HAFA is part of HAMP and provides financial incentives to Servicers and Borrowers who utilize a short sale or a deed-in-lieu to avoid a foreclosure on a loan that meets the eligibility requirements for HAMP. Both of these foreclosure alternatives reduce the need for potentially lengthy and expensive foreclosure proceedings. These options help preserve the condition and value of the property by minimizing the time the property is vacant and subject to vandalism and deterioration. In addition, these options generally provide a substantially better outcome for borrowers and communities than a foreclosure sale and Borrowers may benefit from an alternative that transitions the Borrower to more affordable housing.
Freddie Mac’s HAFA requirements are contained in the new Guide Chapter D65, Home Affordable Foreclosure Alternatives. Servicers must comply with the requirements set forth in Chapter D65, which provide the eligibility, evaluation, processing and servicing requirements for the application of HAFA to Freddie Mac Mortgages.
Effective August 1, 2010, Freddie Mac Servicers must have incorporated HAFA into their operations and begin offering HAFA solutions to eligible Freddie Mac Borrowers.  However, Servicers may begin implementing HAFA immediately.
Borrowers may be accepted into HAFA if a Form 1135, Short Sale Agreement, or a Form 1139, Deed-in-Lieu Agreement, as described in Chapter D65, is fully executed by the Borrower and received by the Servicer on or before December 31, 2012.Read The Entire Fredie Mac Bulletin here.

Questions  on your particular situation?                                                                                                                                  Contact us today at Forth Hoyt’s Sacramento Short Sale Center

  • Be aware that Freddie Mac has strict requirements and guidelines of which homeowners and which loans will be eligible for Freddie Mac  HAFA

The following mortgages are eligible for HAFA:

  • First-lien mortgages, owned, guaranteed, or securitized by Freddie Mac that were originated on or before January 1, 2009.
  • Eligible properties are single-family 1-4 unit primary residences, including condos, Guide-eligible manufactured homes, and negotiated conforming jumbos.
  • Mortgaged property is not abandoned, condemned, or vacant (without an applicable exception).

Borrowers may be eligible for this initiative if they meet the following requirements:

  • Borrowers must be more than 60 days delinquent and have cash reserves less than the greater of $5,000 or three times their current monthly mortgage payment.
  • Borrowers must have first been considered for a HAMP modification and then for other Freddie Mac home retention options under Guide Chapter B65, but was either ineligible, did not complete, or declined the modification.
  • Borrowers may be in foreclosure, in pending litigation involving the mortgage, or in active bankruptcy.
  • Borrowers must be able to convey a clear, marketable title to the mortgaged property.

Other mortgage and borrower eligibility requirements apply as noted in Guide Section D65.3.

Questions  on your particular situation?                                                                                                                                  Contact us today at Forth Hoyt’s Sacramento Short Sale Center

Authored by Forth Hoyt | Discussion: 1 Comment »

Short Seller’s Newest Anti Deficiency Protection for Sacramento Short Sellers With SB 931

California may have a new anti deficiency law protecting struggling homeowners

California May Have a New Anti Deficiency Law Protecting Struggling Homeowners

Sacramento area Short Sale Specialist and Sacramento Area Certified Short Sale Agent Forth Hoyt Reports on:

The Little Bill That Could-


Will the newest California anti deficiency bill become law? The Newest Short Sale Protection law for struggling  homeowners will surely affect the Sacramento short sale market…

Sacramento Short Sales will surely increase if the little bill that could is signed into law- Short sellers will be glad to hear bout this newest California anti-deficiency bill that is specifically written to protect short sellers from recourse - why are we just hearing about this?  Nearly silently, this newest foreclosure protection bill in  California, Senate Bill 931 passed completely unopposed last week and is headed for Governor Schwarzenegger to sign into law. All eyes had been on Senate Bill   1178, which stops lenders from pursuing homeowners who have refinanced and later defaulted, so the hoopla over SB 931 was overlooked. Lawyers sometimes tell potential short sale sellers that a foreclosure or a bankruptcy offers better protection for the homeowner than a short sale.

New Government Foreclosure Prevention Program Eligibility- Which Programs Do You Qualify For?

Just the first couple lines from the SB 931 Assembly Hearing: June 7, 2010

ASSEMBLY COMMITTEE ON BANKING AND FINANCE
Mike Eng, Chair
SB 931 (Ducheny) – As Amended: June 1, 2010
SENATE VOTE: 31-0
SUBJECT: Mortgages: deficiency judgments
SUMMARY: Provides that in the case of a short sale on residential real property, the holder of the first mortgage or deed of trust shall fully discharge any remaining borrower’s indebtedness following the sale when the sale has been agreed to in writing. Additionally, that nothing shall limit the ability of the holder of the first deed of trust or first mortgage to seek damages, or use existing rights or remedies in those cases where the homeowner has committed fraud or waste in connection with the sale of the real property.

If signed, this newest California Short Sale Recourse Law  will have a huge impact on  our Sacramento area short sale inventory, as many more struggling  homeowners may use a short sale as a way to get out of their upside down home, if there is  no lender recourse for the amount the bank is short…

More info on New Deficiency Protection For Sacramento Short Sales; SB 931 Protects All First Mortgages.

Need information on you particular situation? Contact us Today At Forth Hoyt’s Sacramento Short Sale Center.

Authored by Forth Hoyt | Discussion: 2 Comments »

Notice Of Defaults In Sacramento Are Backing Up, But Still Being Postponed

Foreclosure Notices In Sacramento Continue At Alrming Rates

Foreclosure Notices In Sacramento Continue At Alarming Rates

Foreclosure Sales, or Trustee Sales in Sacramento, the actual Trustee action or   Sacramento county trustee sale at 720 9TH ST  downtown Sacramento, held nearly every business day are still being postponed at record rates, but so are Notices of default Filings in Sacramento County.

ho long can they continue to file the default, file the notice of sale and then just postpone? Well, if they postpone for over a year, they will have to re-file the Notice of Default, as I understand

“Despite a tsunami of mortgage delinquencies we continue to see no signs of a foreclosure wave” says Sean O’Toole, Founder and CEO of ForeclosureRadar.com. “Lenders and government intervention continue to delay foreclosures despite their continued failure to find a long term solution to unsustainable negative equity.”

See Foreclosureradar’s Foreclosure Report at Wereheretohelp.org

Authored by Forth Hoyt | Discussion: 1 Comment »

Foreclosure Option In Sacramento

Struggling Homeowners are Searching For Foreclosure Options

Struggling Homeowners are Searching For Foreclosure Options

Sacramento Homeowners now  include a huge number of homeowners that have lost jobs, thair salaries cut, had hours reduced and overtime stopped.

With the housing market here in Sacramento, El Dorado and Placer counties and the loss of housing values, many homeowners are looking for ways to stop foreclosure, keep up on their payments and stay in their home

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El Dorado Hills and El Dorado County Approved Short Sales Continue To Surge

El Dorado Hills County Approved And Pended along With Closed Short Sales

El Dorado County Approved And Pended Along With Closed Short Sales

Looking For Short Sale Information in El Dorado County?

Need Short Sale Market Stats or Short Sale Market Information For El Dorado Hills? Sacramento Area Multi-Certified Short Sale Specialist Forth Hoyt Shares Short Sale Market Facts for El Dorado County and El Dorado Hills

The Short Sale is becoming a more viable foreclosure option in El Dorado Hills and El Dorado County.  Short Sales are going pending and approved in El Dorado County much much more successfully than in the past. See the graph above and the chart below that illustrate that short sales are going pending and approved much more that in the past.

1 month 1 year
May 10 June 10 % Change June 09 June 10 % Change
For Sale 187 203 8.6% 227 203 -10.6%
Sold 40 46 15% 21 46 119%
Pended 59 98 66.1% 48 98 104.2%

With the short sale being approved, going pending, and actually closing escrow in El Dorado County so much more frequently and consistently, I wondered how they were doing as a foreclosure option in El Dorado Hills? So lets take a look at El Dorado hills short sale information

But first:

The Chart Below shows that El Dorado Hills has an inventory of Active Short Sales that is barely more than 1/4 of the active short sales in El Dorado County, yet Pended and Approved Short Sales and Closed Short Sales that is nearly half of the entire El Dorado County Short Sale Inventory for these categories!

El Dorado Hills Short Sale Market Stats for 6/09 to 6/10

El Dorado Hills Short Sale Market Stats for 6/09 to 6/10

With so much talk about short sales as an option to foreclosure, and with many new Government short sale Programs it’s nice to see they are actually closing and getting short sale approval on more and more short sales.

When you look at the year over year numbers, you can really see that short sales in El Dorado Hills are definitely trending upward and being successfully used as an anti-foreclosure tool in El Dorado Hills

The Chart above and graph below show that, not surprisingly,nearly half of the pended short sales in El Dorado County were short sales that were approved and went pending in El Dorado Hills.

1 month 1 year
May 10 June 10 % Change June 09 June 10 % Change
For Sale 55 68 23.6% 79 68 -13.9%
Sold 12 20 66.7% 5 20 300%
Pended 19 46 142.1% 18 46 155.6%

With so much talk about  giving homeowners foreclosure options, stopping foreclosure and working homeowners to avoid losing their homes, (except for a principle reduction loan modification that makes sense!) you might think that the foreclosure filings such as notice of default and notice of trustee sales in El Dorado Hills And El Dorado County would both be down. NOT THE CASE!  Foreclosure filings for both El Dorado Hills and El Dorado County are both way up, yet the postponement of the El Dorado County Trustee Sale (at the courthouse steps) have just continued…


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Mortgage Rates Drop To New Record Lows!

Mortgage Rates Drop To Record Lows

From DSNEWS.COM

The weekly mortgage rate reports released Thursday by Freddie Mac and Bankrate were mixed. But one thing was certain: the average rate for 30-year fixed-rate mortgages hit a new record low.

According to Freddie Mac’s Primary Mortgage Market Survey, 30-year fixed-rate mortgages averaged 4.57 percent with an average 0.7 point for the week ending July 8, 2010, inching down from last week’s average of 4.58 percent. Freddie Mac said this rate marked yet another all-time low in its 39-year survey.

Bankrate also reported a decline in 30-year fixed-rate mortgages. According to its weekly mortgage survey, rates averaged 4.74 percent with an average 0.39 point

this week, falling from last week when 30-year fixed-rate mortgages averaged 4.75 percent.

The story was different for 15-year fixed-rate mortgages, though.

Freddie Mac said 15-year fixed-rate mortgages averaged 4.07 percent with an average 0.7 point this week, edging up from 4.04 percent one week earlier. And Bankrate said 15-year fixed-rate mortgages came in at 4.22 percent with an average 0.36 point, a minor uptick from last week’s average of 4.2 percent.

Despite the slight increase in 15-year fixed-rate mortgages, both Fannie Mae and Bankrate noted that on an overall basis, mortgage rates continued to linger near ultra-low levels, a benefit to homebuyers and refinancers alike.

“With mortgage rates falling to historic lows, refinance activity has been strong over the past three months,” said Frank Nothaft, Freddie Mac VP and chief economist.

“The Bureau of Economic Analysis reported that the effective mortgage rate of all loans outstanding was just below 6 percent in the first quarter of 2010, the lowest since the series began in 1977,” Nothaft said. “Since the start of the second quarter, two out of three mortgage applications on average were for refinancing, according the Mortgage Bankers Association.”

Authored by Forth Hoyt | Discussion: 1 Comment »

New Anti-Deficiency Law Would Help Homeowners Up To The Value Of Their Original Purchase Loan

New Anti Deficiency Law Would Help THousands Of California Homeowners

New Anti Deficiency Law Would Help Thousands Of California Homeowners

New California Anti Deficiency Law Would Help Thousands Of Caifornians: SB1178 Would Stop Deficency Judgements For Refinanced Homes

Courtesy Los Angeles Times:

Reporting from Sacramento —

With thousands of Californians facing foreclosure on their underwater mortgages each month, state lawmakers are rushing in with measures to help them cope with their loans and possibly stay in their homes.

Three bills moving through the state Assembly after passing the Senate would delay the start of the foreclosure process and limit lenders’ ability to force borrowers to cover the difference when their home is sold for less than the amount they owe on their loan.
On Tuesday, the Assembly Judiciary Committee approved the most controversial of the measures. The bill would ban creditors from seeking so-called deficiency judgments from borrowers who can afford to make monthly payments yet walk away from a refinanced home that is underwater, meaning that the house is worth less than the loan on it.

Such strategic defaults recently emerged as a growing problem for the banking industry. They accounted for 31% of all foreclosures nationwide in March, according to researchers at the University of Chicago and Northwestern University. That’s up significantly from 22% the previous March.

“We’ve had bank bailouts,” state Sen. Ellen Corbett (D-San Leandro) said. “It should only be fair in this economy that we try to figure out ways to help homeowners as well.”

 

Learn More About Your Particular Situation:

Contact us Today at Forth Hoyts Sacramento Short Sale Center.

 

Corbett authored the bill to protect borrowers from being hit with an order to pay whatever portion of the loan amount that isn’t covered by a bank’s sale of the foreclosed property.

Helping homeowners is a matter of balance, Corbett said. Her bill, SB 1178, would insulate refinancers from deficiencies up to the value of their original purchase loan. But borrowers would remain vulnerable for any refinanced loans exceeding that level.

The battle over Corbett’s bill pits bankers and the mortgage industry against the California Assn. of Realtors.

Lenders oppose provisions that would make the ban retroactive to cover existing home refinancing contracts that go into foreclosure after July 1, 2011. They would like the bill to cover only refinancings done after that date.

“It sets a bad precedent to change the rules in the middle of the game,” said Dustin Hobbs, a spokesman for the California Mortgage Bankers Assn.

Realtors, however, are hoping to keep people from being doubly punished by losing their homes and burdened with more debt. They want to bolster a still weak housing market by giving homeowners a chance to get back in the market soon.

“They’d be in a better position if they’re not confronted with signing away their lives,” said Alex Creel, senior vice president for governmental affairs of the California Assn. of Realtors.

A second foreclosure-related bill passed by the Assembly committee Tuesday would prohibit bankers from attempting to collect deficiency payments after a homeowner gives up the property in a short sale. In such sales, banks and homeowners agree to allow sales of houses at less than the loan amounts and avoid foreclosures and black marks on the borrowers’ credit histories.

 

New Government Foreclosure Prevention Program Eligibility- Which Programs Do You Qualify For?

 

The third measure would delay the start of a foreclosure process by giving owners more time to work with lenders on a plan to modify loans to lower monthly payments, allowing borrowers to stay in their homes.

Although foreclosure activity is down substantially from a year ago, the numbers remain high, and some experts see another wave soon of foreclosures, short sales and signings of deeds to banks to avoid foreclosures.

In May, 23,911 Californians received notices of default — the first step in the foreclosure process — and 27,841 got notices of trustee sale, according to online tracking service ForeclosureRadar.com. Default notices dropped 43% in May compared with May 2009, while trustee sale notices fell 36%.

 

Learn More About Your Particular Situation:

Contact us Today at Forth Hoyts Sacramento Short Sale Center.

 

RealtyTrac, another data analyst, reported that California in May was home to six of the top 10 U.S. metropolitan areas with the most foreclosure filings. Those areas were Riverside-San Bernardino, Bakersfield, Merced, Modesto, Stockton and Vallejo-Fairfield.

Corbett said her measure was particularly needed because few borrowers know that when they refinance their homes for more than the original loan amount, they lose their protection against being hit with deficiency bills, a state law that went on the books in 1933 during the Great Depression.

In recent decades, the deficiency threat was minimal because home values invariably rose, leaving owners with plenty of equity to cover the payoff cost of their refinanced mortgages in the event of a foreclosure. But that changed when the California housing bubble burst in the last three years, sending the statewide median home price plummeting 42%.

Bankers, who have been negotiating with Corbett and the Realtors group, say they sympathize with the call to aid borrowers who refinanced their homes to take advantage of better terms or interest rates.

They persuaded Corbett to not extend protections to borrowers that took cash out of their refinancing, even if the extra money was used to improve properties.

The two deficiency protection bills “place the right balance of risk between the homeowner and the lender,” said Sean O’Toole, ForeclosureRadar’s founder and chief executive.

However, O’Toole said the third bill to push more loan modifications beyond what federal authorities and lenders themselves were doing was “misguided.” That legislation won’t work if government agencies and lenders don’t come up with billions of dollars to reduce monthly principal payments sharply, he said.

“Homeowners that are saddled with uncertainty are less likely to be productive consumers,” O’Toole said. “That’s part of the reason why our economy is still struggling.”

marc.lifsher@latimes.com.



Copyright © 2010, The Los Angeles Times

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