Archive for September, 2008

How will the Bailout Affect You?

According to news reports Congress is close to a $700 billion mortgage market bailout plan that will be ready to go to the floor of the House on Monday. It is a compromise measure that both political candidates appear willing to support, and it appears to have enough Congressional support to pass.

The first reports give these details. The plan tentatively includes:

1. A $250 billion initial authorization and $100 billion more that the President can spend if needed. An additional $350 billion will require more negotiation with Congress before it can be spent.

2. No golden parachutes for executives of companies that partake in bailout funds.

3. The government can choose to insure some of the bad mortgages rather than buy them.

4. The government can decide to accept stock warrants from beleagered banks who participate in bailout as a way of taking an equity stake in the eventual recovery.

5. Mortgage lenders will need to first try to negotiate with troubled homeowners to lower payments in lieu of foreclosure.

6.  In 5 years, if sale of the problem assets is not complete, the government will need to propose a new plan for disposal of the bad assets.

It appears that this plan has more oversight and equity-building options built in than the original Bush Administration plan. It seems to have bipartisan support now, including the support of the two presidential candidates.

How will it impact homeowners who are in foreclosure trouble?  Well, it appears that homeowners who have received the cold shoulder from their lenders in the past, will get a second opportunity from many of these lenders to discuss lower payments and other modifications that may make it easier to Avoid foreclosure and/or bankruptcy.

Perhaps the bailout will spell an end to the precipitous slide in housing prices that have ruined many local real estate markets because there will be fewer new foreclosures and less pressure to continually cut prices in order to sell. Banks may no longer have as much incentive to accept rock bottom short sale prices as they will have other options available for getting rid of bad property.

Certainly there will be pressure to increase taxes to pay for the bailout. But the negatives of higher taxes should be less onerous than the catastrophic results of a frozen economy that will make it impossible for many to borrow, drive many companies out of business, cost tens of thousands of jobs, and further fuel foreclosures.

I know that my good friend and real estate coach, Matt Gillogly, is in favor of letting the chips fall where they may with the banking industry and, like most of the callers into Congressional offices this week, is opposed to the bailout.  For Matt’s viewpoint on the matter, see  his blog at Createtrueriches.com.  In theory, I agree, a bailout is a terrible idea.

However, these are terrible times, and there is historical precedent to show that a short term fix of this time can work to make a recession shorter and less painful.  That is a recipe that this economy needs right now.

Liz Nichols

ednenterprises (at) gmail.com

 

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New Foreclosure Help Guide: Understanding Foreclosure

For many months now I’ve been monitoring the offerings at Clickbank, the world’s largest repository of downloadable books, to see if there was anything that would help the average homeowner. There was nothing–except for material on how to buy a foreclosure meant for investors. I decided to write the definitive guide to foreclosure help for homeowners.

It’s called “Understanding Foreclosure,” and you can get the downloadable version instantly at:

http://www.understanding-foreclosure.com. This 60+ page guide helps homeowners who are in danger of losing their homes or investment properties an easy to read, step-by-step checklist of what to do to Avoid foreclosure, and what to do after it happens if the worst case scenario cannot be avoided.

There is good news on the horizon about shoring up Freddie Mac and Fannie Mae, so banks may be even more willing to negotiate refinance and other workout terms. Now is a great time to get armed with the information you need to make the best choices for your future. This guide will help you make those choices in a logical, informed manner.

Just in the last few weeks a couple additional guides have come on the marketplace. The difference is, Understanding foreclosure is written by someone who has been in your shoes, if you are a homeowner who is hurting. In fact, we’re still not out of the woods. I got educated in order to save myself, and now I am trying to help others as well. My guide will lead you to other free and small fee sources that will help as well.

Get Foreclosure help today at: http://www.understanding-foreclosure.com.

Liz Nichols

support@understanding-foreclosure.com

http://www.understanding-foreclosure.com

 

 

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Aftermath of Fannie Mae/Freddie Mac Take-Over

I was talking with our financial analyst the other day. His company, Ameriprise, has one of the more pessimistic forecasts out there on when the turnaround will happen.  They predict that we won’t be back to the October 2007 stock market levels until January 2010, but that once we hit that mark, we’ll be on a new surge that will be long-term and rapid.  He admitted that the analysis came out before the Feds decided to take over Fannie Mae and Freddie Mac.

Some analysts feel that the improvement in the housing market will occur mid-year in 2009 following a couple quarters’ drop in the stock of housing on the market.  Hopefully, with Freddie and Fannie able to help more home owners in distress, we will see a quicker end to the slide in housing prices and the increase in days on market because there will be fewer emergency sales due to foreclosure.

Now, according to the latest AP news story, Senators Sherrod Brown of Ohio, Bob Casey of Pennsylvania, Bob Menendez of New Jersey and Charles Schumer of New York are urging James Lockhart of the Federal Housing Finance Agency to do everything in his power to put a 90 day freeze on foreclosure and to approve as many refinanced loans for people who are late with payments as possible.

The article goes on to say that these Senators encourage Freddie and Fannie to follow the example of the Federal Deposit Insurance Corp., that has worked with IndyMac and other banks to negotiate with homeowners in default to switch loans to a low fixed rate.

No one knows if these measures will have a bandaid effect, rather like the economic stimulus checks, or whether there will be genuine turn-around in the economic affairs of the country coming out of these measures to shore up our housing guarantee programs.

Let’s hope for the best, and for a turn-around that starts sooner rather than later!

 

Liz Nichols

support@foreclosurenewsblog.com

 

 

 

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Rights of Holders of Unsold Shares in a Cooperative

New York Caselaw: Foreclosure of a Co-op: In Sassi-Lehner v. Charlton Tenants Corp., the New York Appellate Division evaluated whether or not the individuals who had obtained stock in a cooperative that had been originally obtained through a foreclosure were entitled to rights as holders of “unsold shares” of the cooperative. Specifically, one unit of a cooperative was not sold during the initial conversion of the property. The sponsor of the “unsold shares” then sold his rights to another individual. That individual defaulted and the shares and proprietary lease were sold at a foreclosure sale. The plaintiffs’ parents purchased the shares and proprietary lease at the sale and the rights transferred to the plaintiffs’ upon their parents’ death. The question for the Court was whether or not the rights transferred were those of a traditional cooperative owner, or whether they maintained the characterization as “unsold shares.” Here, the Court held that they did not maintain the character of “unsold shares.”

In a cooperative housing corporation, “unsold shares” generally refer to those shares of stock that have not been purchased for residential purposes. For example, in Sassi, the stock was originally characterized as “unsold shares” because when the building was converted to a cooperative, a particular non-purchasing tenant did not vacate the apartment because the apartment was rent stabilized. In that scenario, the shares that represented the rented portion of the property were unsold shares. Unsold shares are generally held by a sponsor until they can be sold. However, according to the cooperative’s governing documents, when the shares were subsequently sold to an individual and/or entity for investment purposes, these shares maintained their identity as unsold shares. It is not until the sponsor himself or a subsequent purchaser resided in the apartment that the shares lost their status as unsold shares.

A holder of unsold shares of stock is often given preferable treatment in comparison to holders of sold shares. For instance, the cooperative board generally must give approval when an owner seeks to sell his shares or sublet his apartment. Holders of unsold shares do not need to obtain board approval to sell or sublet the apartment. Holders of unsold shares are also given differential treatment in other ways as may be set forth in the cooperative Offering Plan or proprietary lease.

Where a cooperative has many holders of unsold shares of stock, it could very well defeat the essence of a cooperative because a large number of individuals have broad discretion to do what they please with their unsold shares in comparison to the holders of sold shares of stock who are confined by the restrictions set forth in the offering plan or proprietary lease.

The Court indicated that a question of whether or not the transferred interest maintains its characterization of “unsold share” shall be governed by the cooperative’s governing documents. For instance, in Sassi, rules relating to “unsold shares” were set forth in the offering plan as well as the proprietary lease. The Court noted that the documents specifically stated that “unsold shares retain their character as such (regardless of transfer) until (a) such shares become the property of a purchaser for bona fide occupancy . . . , or (2) the holder of such shares (or a member of his family) becomes a bona fide occupant of the apartment.” Sassi-Lehner v. Charlton Tenants Corp., 2008 WL 3288075 (1st Dept. 2008). However, in further review of the documents, the Court noted that the “regardless of transfer” language could only be applied to those transfers effected by “individuals produced by the [s]ponsor pursuant to the [o]ffering [p]lan.” Id. Accordingly, because the plaintiffs had obtained the shares from their parents who purchased the stock in a foreclosure sale, they were purchased from someone who was not designated by the sponsor. Accordingly, the Court held that the plaintiffs did not have the added benefits as holders of “unsold shares.”



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