John Grossi's least problems is to stop his Claremont Home from
foreclosure. Unfortunately, Grossi is now struggling to pay the monthly rent on a two bedroom apartment with his Social Security disability income while devoting most of his attention to his 14year-old son, who still lives at home.
While most probably aren't as overwhelming as Grossi's, each foreclosure is accompanied by a tale of woe and nearly all result in the loss of the borrower's hard-earned equity. Creative financing
ForeclosuresMass.com also reports a sharp rise in property foreclosure in Massachusetts, and anecdotal reports at a recent conference focusing on
stopping foreclosure noticed a similar spike was being experienced in the Midwest.
The Mortgage Bankers Association reports an increase in the foreclosure inventory rate from the first quarter of this year from the first quarter of last year, but not a spike.
MBA senior economist Mike Fratontoni said he was surprised the rate wasn't even higher, given the recent 4.25 percent rise in interest rates and the hot refinancing market three or four years ago, which simply meant there were a lot more loans made to
stop foreclose on later. The expected sharp rise in foreclosures, he said, has been offset by a strong economy.
"We have a perfect storm and its just hard to
stop foreclosure other than loaning again to pay the mortgages," said Jeremy Shapiro, president of ForeclosuresMass.com. "We have rising interest rates, a number of creative loans written over the past years and a sharp appreciation and then a cooling off of the housing market."
By creative financing, Shapiro is referring to a number of easy financing gimmicks, especially those loans offered to subprime borrowers - people with a checkered credit history. "People with poor credit now have access to the mortgage market," said Michael Collins, an Ithaca, N.Y., foreclosure consultant. In New Hampshire, a look at foreclosure data from the past 2-1/2 years shows that most foreclosed loans were originated by subprime lenders, with Ameriquest the leader of the pack .
Almost all subprime loans involve an adjustable-rate mortgage, so when interest rates stayed low, borrowers were able to survive that jump. As housing prices leveled off - and in some cases declined - the borrowers found that they owed more than they owned. "When you are upside-down like that, there are very few options to avoid foreclosure," said Shapiro.
Even those who have filed for bankruptcy are having trouble hanging onto to their homes.
Peter Wright, who heads the consumer clinic at the Franklin Pierce Law Center in Concord, said that a number of his Chapter 13 clients couldn't keep up on payment arrangements after bankruptcy filings. A survey conducted by Collins showed that a large percentage of borrowers think that discussing their problem with their lender might spur the lender to foreclose. The foreclosure process is an expensive one compared to
stopping foreclosures, and lenders tend to lose money on the deal. If bad came to worst, Gioeli said, the borrower could deed back the property to the mortgage holder. While the borrower would lose the equity put into the house, at least the foreclosure fees wouldn't be added to the debt. As part of the deal, the mortgage holder might be able give back some equity to the borrower if he or she managed to sell the property more then the debt.
Most loans are sold by the originators to various investors. Sometimes these financiers are big institutions that have their own lessening loss department. In the case of federally backed prime loans, the noteholders also have various government guidelines and restrictions that tend to protect the borrower.
Meanwhile services like ForeclosuresNH.com are helping to create an alternative foreclosure market. For a fee, the service lets investors know when a property is in foreclosure. "After the deal goes to auction, the bank tries to recover all of the foreclosure costs and puts it on for market value. The sooner you can get in there, the more equity there is to go around," he said.As housing market cools, foreclosure rate rises
jessica