Tag Archives: Foreclosures

Reno Real Estate: Are We at the Bottom?

Where is Reno in in our current market condition for real estate? Is this a good time to buy a house? Should I jump in right now? Should I wait?

If you were to ask a Realtor, the answer would likely be that we’ve finally reached the bottom and now we are in the long, slow, arduous climb back to where we “truly belong”. But, have you ever seen a time when a realtor didn’t say that now was a good time to buy? Couldn’t be a better time?

Me, neither. I’m not suggesting anything nefarious about realtors, here. I just think that if they’re not optimistic about their product, how could they do a good job, anyway?

But all of that is beside the point.

As the saying goes, “the reason for a horse race is a difference of opinion.”

Keith Jurow, writing in Businessinsider.com is firmly convinced that we are still headed for a housing collapse. He examined major markets across the country and found price declines. Exceptions were in Nevada, Arizona and Florida where we have already taken major hits. Foreclosures are way down in most areas but the number of delinquencies are still high.

We are still facing some very serious delinquencies.  In many cases the problems were caused, or made worse by government action such as AB-284 here in nevada.  This caused the banks to drastically slow their foreclosures.  Consequently, the shadow inventories have grown substantially.

Nevada Foreclosure Filings

Nevada Foreclosure Filings: AB-284 Effective Oct., 2011

Jurow expects another significant drop in prices. Move-up buyers have disappeared because they lost most of their equity. First time buyers are usually limited to entry level properties. So, what’s left are the investors who are focusing on the “sand” states, which include Nevada. That may help us here in Reno.

Added to this we see a large number of potential sellers who, likewise, have little or no equity and are unable to sell. They may have taken out a HELOC or a cash out re-fi.

The bottom line is that I’m not optomistic.

Read more here.

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Clear Capital Real Estate Market Report

The Clear Capital report happens to be one of the better real estate data reports available.  It has far too much for me to excerpt for you.  Better to read it your self.

It shows a slight price decline that appears to be driven mostly by the large numbers of REO’s.

Read the report: http://www.clearcapital.com/company/MarketReport.cfm?month=March&year=2012

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MERS Wins One in Nevada Too

It looks like MERS has won another case, this time in Nevada. In the case of Volkes vs. BAC Home Loans Servicing the court ruled in favor of the defendant.

The Nevada Supreme court ruled that the MERS assignment was valid.

It was not clearly erroneous for the district court to determine that
the MERS assignment was valid.

The appellants also claimed BAC did not participate in mediation in good faith, but that claim was apparently not included for judicial review.

Apparently this link is to an unpublished order, and cannot be considered precedent.

Read the order: http://www.buckleysandler.com/uploads/104/doc/volkes-v-bac-2-24-12.pdf

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Foreclosure Activity Likely to Increase This Year

We can expect a large increase on foreclosure activity this year. At least, that’s what the LA Times thinks. Foreclosure activity has been suppressed because the lenders have been focusing on getting their act together. Here in Nevada they face an added burden of AB 284 which forces them to certify that all their paperwork is in order.

But, they are beginning to work through their backlog so we can expect an increase in activity.

The state’s difficulties were reflected in RealtyTrac’s report, which showed California with the third-highest incidence of foreclosure filings in 2011, behind only Nevada and Arizona.

Analysts also expect CA to stabilize quickly due to their fairly fast timeline. Nevada, on the other hand, is hampered by the effect of AB-284.

Read more: http://www.latimes.com/business/la-fi-foreclosures-20120112,0,7066381.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fbusiness+%28L.A.+Times+-+Business%29

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Foreclosure Starts are Down Across the West

Foreclosure starts are down all across the West Coast for December. Reduced filings were reported in California, Nevada and Washington. Nevada showed drops of 14%.

According to ForeclosureRadar the drops were due to the closing of trustee sale locations in California. Riverside County passed an ordinance prohibiting solicitation on all County property. California law only specifies that the location must be within the County where the property is located and must be published in the Notice of Sale. Nevada law states

2. All sales of real property must be made:
(a) In a county with a population of less than 100,000, at the courthouse in the county in which the property or some part thereof is situated.
(b) In a county with a population of 100,000 or more, at the public location in the county designated by the governing body of the county for that purpose.

Here in Reno trustee sales are conducted on the steps of the Court House on Virginia Street.

The slow down in Nevada was attributed to AB 284 which established new foreclosure rules requiring the lender and trustee to certify that they have done everything correctly.

“Nevada’s new foreclosure rules appear on track to bring a near complete halt to foreclosures in that state,” said Sean O’Toole, founder and chief executive officer of ForeclosureRadar.

“In the near term this will certainly help homeowners who were facing foreclosure, eviction, and potentially deficiency judgements. Longer term, we believe there will be unintended consequences for the state as business declines for the many real estate related companies that would normally service, resell and finance those foreclosures.”

Read more: http://www.housingwire.com/2012/01/13/foreclosure-starts-drop-across-the-west-coast?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+housingwire%2FuOVI+%28HousingWire%29

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Would You Catch a Falling Knife?

The question arises, has the real estate market bottomed out? And is this a good time to buy? Can you compare buying real estate today to catching a falling knife?

If you ever wanted to see a super analysis of the real estate market check out this article by Jeff Harding. He covers the many aspects of both residential and commercial and what I read, it ain’t pretty. He has great information and much more than I could tell.

he bottom line on the residential market is that home values will continue to decline in 2012 on a national basis, and if, as we are forecasting, the economy continues to flatten or decline, there will be no good news next year. Again, as we know, there is no “national” market and each locality has its own dynamics. But these data will have a negative impact on home buyers’ attitudes about the housing market.

The bottom line on the CRE markets is that prices appear to be flattening, but there is a substantial refi problem continuing to overhang the markets. As the bulk of these loans need refinancing at their maturity dates, it is likely that many of them will not be able to replace their loans and will face the requirement to come up with additional capital or face foreclosure, thus delinquency rates will remain high, especially in the sub-Class A markets. This has been the story of CRE for the past four years and there are no economic dynamics that would change it.

It is unlikely that investors and home buyers will be willing to catch a falling knife.

As he mentions, this describes a nationwide market and the reality is that all real estate markets are local. What happens nationally may not be the story for here in Nevada or in the Reno-Sparks area.

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Nevada Notaries Charged With Fraudulent Foreclosure Documents

Just in case you may have forgotten about the robo-signing scandal that first came to light in Florida, I thought that I might jar your memory. Florida happens to be a judicial foreclosure state while Nevada is non-judicial. In Florida’s case, the fraudulent document signers work ended up in court. But, the foreclosures in Nevada were for the most part settled at public auction on the court house steps. These never had to face a judge.

Now, it has come to light that Nevada is not immune for fraudulent signing. At least three notaries have now been charged with notarizing documents without actually witnessing the signing.

The three notaries had all worked for LPS, (Lender Processing Service) to handle paperwork for the banks. This is the same company at the center of the problem in Florida. Apparently, they had such a workload such that they could never witness every document within the time allotted.

The problems here, were addressed in AB 284. Now the foreclosing entity must certify that their documents are in order. The end result is that foreclosures will now take longer to complete the process.

Read More: http://www.cbsnews.com/8301-505245_162-57337111/3-nevada-notaries-named-in-foreclosure-fraud-case/

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Mortgage Interest Rates at Record Low

The rate on the 30-year fixed mortgage reached a new record low of 3.91 percent. This marks the third new low this year. The 15-year fixed mortgage rate, remained unchanged at a low of 3.21 percent.

The exceptionally low rates and the depressed prices have created a superb buying opportunity, but the opportunity is lost for many potential buyers because of the difficulty qualifying for new loans.

With so many homes underwater here in Reno and Sparks very few homeowners can qualify for a re-finance. Additionally, Nevada’s real unemployment further reduces the chances to re-finance.

Read more: http://www.businessweek.com/ap/financialnews/D9RPKO100.htm

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The Continuing Belvedere Saga

I have received a lot of visitors from the Reno Realty Blog because of the discussion on the Belvedere.

One thing I noticed is that the link to the RGJ article no longer work. After 30 days the RGJ places its articles in its archives. You can still find the article if you choose the correct term, and are willing to pay to read it.

I will attempt to address some of the comments at RRB:

Jo Amick says:
June 13, 2011 at 6:30 PM

I also think “Tax implications and vacancy rates alone could very well put your return on investment at 4 years + ” to agree with “Nomad”. Guess I got beat to the punch!

I believe that all “tax implications” were wiped out at the Washoe County tax sale.

Renter says:
August 16, 2011 at 1:58 PM

Back to the discussion on being an investment opportunities, what seems to kill the deal is the “mechanic’s liens number in the hundreds”. I believe there are over $80K of liens on each apartment there.

As I understand the law a tax foreclosure takes priority over all other debts and obligations except IRS liens. Therefore, the mechanics liens were also wiped out.

GreenNV says:
August 16, 2011 at 7:52 PM

OK, this is my understanding. In a foreclosure situation, all the junior lien holders have the right to bid to try to maintain their interests in the property. If they don’t and the Trutees Sale is completed, their claim on the property it expunged.

So for the Belvedere, short sale properties still have the mechanic’s liens in place and should be avoided. Properties that have gone TD should be free and clear of the mechanic’s liens. I think buying a unit from the bank is pretty safe legally (given the other risks), but there are NOT any of the foreclosed units on the market right now. That smells fishy to me, so there may be more to the story.

This would be correct if it were a Trustee foreclosure sale or short sale. The Belvedere properties were NOT short sales nor were they Trustee sales. These were tax deed sales, sold by Washoe County.

By using the tax foreclosure sale route the property no longer has any bank debt, mechanics liens, HOA liens.

The bank did not buy the properties. According to the RGJ, they were all bought by Madjlessi’s lawyer. Therefore, the bank is NOT the seller.

I welcome and invite your comments and especially your corrections to anything where I may have been in error.

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Fannie Mae Discloses that it Pushed Foreclosures Over Mods

It appears that Fannie Mae lied and was pushing foreclosures instead of loan modifications as they had originally insisted.

Fannie Mae has released papers and internal memos indicating that the government-controlled GSE has been pushing its lenders to opt for foreclosure instead of loan modifications and threatening to “charge a penalty to lenders who allowed foreclosures to wait too long before they were executed” . . . Ethical arguments about this policy aside, these memos are dated from the same time that Fannie Mae officials were testifying in congressional hearings that they “were doing everything in their power to prevent foreclosures.”

Nearly everything we see coming out of Washington is complete corruption and lies.

“I am thoroughly disgusted by the actions of Fannie Mae,” said Ingham County Register of Deeds Curtis Hertel, who is currently suing Fannie Mae and other lenders arguing that they failed to pay Ingham county millions of dollars in title transfer taxes. “What these internal documents show is that while Fannie Mae was being bailed out by taxpayers they were systematically pushing for citizens to be foreclosed. The reason for this is even worse. Right now we as taxpayers pick up the cost of every foreclosure, because we pay Fannie Mae’s loss in the foreclosure process. In other words they actually get paid more for a foreclosure than for a reasonable modification.”

Neeta Delaney, co-director of the Michigan Foreclosure Task Force, had a slightly more muted response.

“We see this on a daily basis. It is what we have been characterizing as the right hand not knowing what the left hand was doing,” she said. Her coalition represents nearly 200 groups with a stake in ending the foreclosure crisis and is working to push new foreclosure related legislation through the legislature. “It’s not new news (foreclosures during modification negotiations). But the documents are new news. These documents are implying a policy behind this. It’s not just the banks being overwhelmed.”

Read more:http://michiganmessenger.com/51716/officials-angered-over-fannie-mae-disclosures

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