Showing posts with label Shared-Loss Agreement. Show all posts
Showing posts with label Shared-Loss Agreement. Show all posts

Thursday, December 3, 2009

IndyMac-OneWest Harming Homeowners

IndyMac-OneWest Harming Homeowners

According to this PissedConsumer review of IndyMac Bank (now OneWest), the FDIC's generous shared-loss deal with OneWest (the bank/investor that purchased the defunct IndyMac) is causing serious problems for financially distressed homeowners who are former IndyMac mortgage, equity loan and equity line borrowers. In my blog posts FDIC Hurting Distressed Homeowners and FDIC Hurting Homeowners: Case 1 I cover the causes of the problems. I recommend that you check out the links and see exactly what the FDIC's actions (paid for with taxpayer money) are allowing IndyMac/OneWest to do to people. It is truly infuriating and deeply disturbing. The result will be more foreclosed homes and homeowners.

If you are a Middle TN homeowner, property owner, condo owner, real estate investor, home builder or real estate developer who cannot pay your mortgage payments (due to losing your job, having your income reduced, illness, health problems, adverse business conditions, slow sales, loss of investment property tenants, vacancy issues, lack of funds to complete the project, feuding business partners, etc.), know that you will not be able to pay your mortgage, have defaulted on your mortgage, are already in foreclosure, or owe more than your home is worth, please contact me to discuss your options including a loan modification and a short sale (a real estate short sale occurs when the sale proceeds are not sufficient to pay off all the mortgages and liens on the property/home). I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I primarily help sellers (homeowners, property owners, condo owners, owners of high end homes and properties (estate homes, luxury homes and executive homes), real estate investors, home builders and real estate developers) of distressed real estate, short sales, pre-foreclosures, foreclosures, investment properties, failed new construction projects and struggling commercial real estate developments located in Middle Tennessee (Rutherford County TN, Williamson County TN, Davidson County TN, Robertson County TN, Maury County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN, Belle Meade TN, Nolensville TN, Spring Hill TN, Gallatin TN, Springfield TN and Mt. Juliet TN).  If you do need to short sell your home or property, or you need a quick sale due to being in foreclosure, you can request short sale and foreclosure help and assistance on my website at Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.

Tuesday, December 1, 2009

FDIC Hurting Homeowners: Case 1

FDIC Hurting Homeowners: Case 1

In my previous blog post, FDIC Hurting Distressed Homeowners, I discussed some current FDIC actions that are hurting distressed homeowners. Based on this information and other information posted on my blog (see Our Phony Real Estate Market), I believe that the recent government actions (shared-loss agreements with banks that take over failed banks, bank bailouts, FASB accounting rule changes which allow financial institutions (banks) to hide losses, homebuyer tax credits, increased mortgage loan purchasing by Fannie Mae, Freddie Mac and Ginnie Mae, the US Treasury's $1.25 trillion mortgage security purchasing program, expanded FHA, Making Home Affordable, etc.) are actually harming distressed homeowners, new home buyers, existing homeowners and the real estate market in general. The harm is usually caused due to the unintended consequences of the government meddling in the market. Below is my first live case study of such adverse consequences.

FDIC Hurting Homeowners: Case Study #1

In response to my blog post FDIC Hurting Distressed Homeowners, I received an email from a homeowner who is a victim of the FDIC's shared-loss agreement with OneWest Bank which took over the now defunct IndyMac Bank.  OneWest Bank is owned by George Soros, Michael Dell, Steve Mnuchin (former Goldman Sachs executive), and John Paulson (hedge-fund billionaire). Therefore, the US Government via the FDIC is using taxpayer money to make the super rich even richer. This disgusts me.

The homeowner is fighting to save their home from foreclosure.  In doing so they sent the letter below to "every member of congress in my state along with the media."  Therefore, they gave me permission to publish their letter on my blog.  In the interest of disclosure, the letter is exactly as I received it except for some formatting changes and some spelling corrections.  As you can see this is a very disturbing situation where the actions of the government have enabled and government enriched company to push a financially distressed homeowner around.  The result of this will be increased foreclosures, which are harmful to homeowners and neighborhoods and reduced numbers of loan modifications and short sales, which are better for distressed homeowners and neighborhoods.  In the interest of getting this message out to the public please feel free to repost this information on your blog, or to email this post to other people.




If you are a Middle TN homeowner, property owner, real estate investor, home builder or real estate developer who cannot pay your mortgage payments (due to losing your job, having your income reduced, illness, health problems, adverse business conditions, slow sales, loss of investment property tenants, vacancy issues, lack of funds to complete the project, feuding business partners, etc.), know that you will not be able to pay your mortgage, have defaulted on your mortgage, are already in foreclosure, or owe more than your home is worth, please contact me to discuss your options including a loan modification and a short sale (a real estate short sale occurs when the sale proceeds are not sufficient to pay off all the mortgages and liens on the property/home). I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I primarily help sellers (homeowners, property owners, real estate investors, home builders and real estate developers) of distressed real estate, short sales, pre-foreclosures, foreclosures, investment properties, failed new construction projects and struggling commercial real estate developments located in and around Middle Tennessee (Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN).  If you do need to short sell your home or property, or you need a quick sale due to being in foreclosure, you can request short sale and foreclosure help and assistance on my website at Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.

Monday, November 16, 2009

FDIC Hurting Distressed Homeowners

FDIC Hurting Distressed Homeowners

As set forth in this FDIC publication, IndyMac Shared-Loss Agreement, the FDIC is making so called "Shared-Loss Agreements" (SLAs) with investors who are willing to purchase the assets of insolvent financial institutions.  Without going into all the details, these SLAs basically offer these investors guarantees on huge percentages of any net losses that they may suffer as a result of their investment in the failed financial institution.  In this particular case, the FDIC is paying for 80%+ of the net losses of the investor (OneWest Bank) who purchased the assets of IndyMac. Basically, the Net Loss is calculated by taking the current outstanding balance of the mortgage note (at the time of the loan purchase) less the net proceeds of the short sale or foreclosure offer price.

The reason this is a problem for financially distressed homeowners is that due to the loss guarantees provided by the FDIC, the investors mentioned above have very little financial risk in the deal.  Therefore, they have incentives to take what would normally be a big risk (but isn't due to their sweet loss guarantees courtesy of the FDIC) such as foreclosing on homeowners to try and squeeze out more profit even when there are feasible alternatives to foreclosure such as short sales and loan modifications.  As a result, these investors are making it difficult and even impossible to get loan modifications and short sales approved.

In her blog post, Is the FDIC Killing Short Sales, Alexis McGee of Foreclosures.com states that "IndyMac was taken over by the FDIC and sold to OneWest Bank in March/2009. Guess who the investors are behind OneWest? George Soros, Michael Dell, Steve Mnuchin (former Goldman Sachs executive), and John Paulson (hedge-fund billionaire)." She goes on to describe the terms of the SLA.  The highlights are below:
  • The investors purchased all current residential mortgages at 70% of par value (70% of the outstanding loan amounts).
  • They purchased all current HELOCS at 58% of Par Value.
  • The FDIC stepped in and guaranteed that for any residential mortgages where OneWest experiences a loss, the FDIC will step in and cover anywhere from 80%-95% of the loss. The loss is calculated using the current outstanding balance of the mortgage note (at the time of the loan purchase), not the amount that OneWest paid for the loan.
  • For foreclosures, the FDIC picks up 80% of the tab on all of the extra costs associated with a foreclosure (BPO’s, upkeep, utilities/maintenance, legal fees, etc.)
Here is an example which shows why this creates a problem for financially distressed homeowners who would like to do a short sale, or obtain a loan modification.  Let's say one of the loans that OneWest purchases has a Current Loan Amount of $500,000.  Based on the 70% purchase deal described above, OneWest would have paid $350,000 for this loan.  Also, let's assume that an all cash investor wants to purchase the property via a short sale for net offer price to OneWest of $200,000.  Below is the analysis of this situation:

  • The Net Loss, according to the FDIC calculations, is $500,000 (i.e. the current outstanding balance of the mortgage note at the time of loan purchase) less $200,000 (i.e. the net proceeds of the short sale offer) = $300,000.
  • Based on this $300,000 Net Loss, the FDIC pays OneWest $240,000 (i.e. 80% of the Net Loss).
  • One West would then be able to sell the property in question for the short sale Net Offer Price of $200,000 and end up with total revenue of $440,000 ($240,000 + $200,000) for a loan that they paid $350,000 for.  Therefore, OneWest will have made a profit of $90,000. 

The reason that this situation creates a problem for a financially distressed homeowner seeking a short sale is that since the FDIC (per the information above) pays 80% of the losses of foreclosure there is no incentive for OneWest to mess around with a short sale unless they can make much more money.  That is why they are demanding absurd short sale settlements and promissory notes from the homeowner.  Of course, there is absolutely no incentive to offer a loan modification so that request would be dead on arrival.

According to Alexis McGee, "The scary thing is that over 50 banks have Shared Loss Agreements in place with the FDIC. Some of them include: Bank of America (go figure), CitiMortgage, Wells Fargo, etc."  I have to agree.  That is truly scary.  I can already see the pain and anguish of hundreds of thousands, if not millions, of financially distressed homeowners as they are unnecessarily dragged through the foreclosure process.

If you are a Middle TN homeowner, property owner, real estate investor, home builder or real estate developer who cannot pay your mortgage payments (due to losing your job, having your income reduced, illness, health problems, adverse business conditions, slow sales, loss of investment property tenants, vacancy issues, lack of funds to complete the project, feuding business partners, etc.), know that you will not be able to pay your mortgage, have defaulted on your mortgage, are already in foreclosure, or owe more than your home is worth, please contact me to discuss your options including a loan modification and a short sale (a real estate short sale occurs when the sale proceeds are not sufficient to pay off all the mortgages and liens on the property/home). I am a Middle Tennessee distressed real estate, short sale, pre-foreclosure (preforeclosure) and foreclosure REALTOR and Expert. I primarily help sellers (homeowners, property owners, real estate investors, home builders and real estate developers) of distressed real estate, short sales, pre-foreclosures, foreclosures, investment properties, failed new construction projects and struggling commercial real estate developments located in and around Middle Tennessee (Rutherford County TN, Williamson County TN, Davidson County TN, Murfreesboro TN, Smyrna TN, La Vergne TN, Eagleville TN, Lascassas TN, Rockvale TN, Christiana TN, Brentwood TN, Franklin TN, Nashville TN and Belle Meade TN).  If you do need to short sell your home or property, or you need a quick sale due to being in foreclosure, you can request short sale and foreclosure help and assistance on my website at Get Short Sale and Foreclosure Help and Assistance from a Middle Tennessee Short Sale and Foreclosure REALTOR and Real Estate Expert.