Nationally, many struggling or underwater homeowners have begun to take advantage of a financial strategy which has become well know to first tuesday readers: they default on their mortgage, but continue to stay in their home until the lender forces them to leave. Voilà, the strategic default, otherwise known as exercising your put option in the trust deed.
So far this year around 1.7 million of the nation’s homes have been exposed to the foreclosure process. Nationally, homeowners who lost their homes to foreclosure this year spent an average of 438 days in default, a significant upward trend from the national average of 251 days in early 2008. During this enlarging time period, the owner is allowed by law to remain in his home rent free.
Over 650,000 national homeowners were in default on their mortgage for at least 18 months. Most of these homes were somewhere in the process of foreclosure. However, 19% of these homes had seen no action on the lender’s part to begin the foreclosure process. This non-action on mortgages in default for at least 18 months has doubled since last year — a significant national trend.
first tuesday take: Presently, the average time period in California between a homeowner’s first default and the trustee’s sale is around 12 months: five months in default before the notice of default (NOD), and another 7 months to complete the foreclosure. Prior to 2008, foreclosure periods stretched across three months of delinquency followed promptly by the recording of an NOD, with the trustee’s sale occurring four to five months later.
However, the foreclosure routine has been altered and extended as the result of California legislative changes in the periods for enforcement of lender foreclosure remedies.
Entirely aside from the lender’s inefficiency in handling their files, what lenders are not doing currently is putting all of the real estate owned (REO) properties on the market in order to avoid declaring a loss. Lenders do not declare the loss at the time of the actual foreclosure sale. At the trustee’s sale, they bid on the property for the amount of the outstanding loan balance, declaring their bid as the cost of acquiring the property.
After, when the sale of the REO takes place, it inflicts damage on the lender’s reported solvency since they accept the price for the property the new buyer pays, a price generally well below the original outstanding loan balance paid by the lender at the trustee’s sale. On closing, they must declare for the first time the loss they have long held on that loan. On a resale of the REO they must “book” the loss as the asset (mortgage, turned home, turned cash) has been liquidated.
Lenders have some 400,000 more loans to foreclose in California alone before the real estate market can return to normal. Currently, lenders are eating through foreclosures with renewed vengeance. We will see if they have the appetite to continue, or if the REO inventory will continue to remain in its phantom state. Bookkeeping is a wonderful thing.
Day by day, negative equity homeowners are learning to exercise their “put option.” Whether by word of mouth, through information from their agents or observations of their neighbor’s conduct, the power of the put option is being realized. These negative equity homeowners merely need to default in order to exercise the put option in their trust deed, forcing the lender to buy the property at a foreclosure sale. Thus, the property is absolutely sold and no longer the wiped-out owner’s problem. [For more information on negative equity, see the March 2010 first tuesday article, The underwater homeowner, his future and his agent: a balance sheet reality check – Part I and the April 2010 first tuesday article, The underwater homeowner, his future and his agent: a balance sheet reality check – Part II.]
Part of the homeowner’s education has included the awareness of the “right to remain” in possession rent free until after foreclosure and service of a notice to vacate. At that point the negotiations start over the amount of “key money” the lender will pay for a voluntary transfer of possession to the lender.
And homeowners have learned something else of equal importance about liability for their purchase-assist home mortgages in California: the lender can not under any conditions collect any amounts due on that note from the foreclosed homeowner. A free walk, if you wish to default and exercise that put option. Relief can come from sources other than a bottle of aspirin. [For a more detailed explanation of the put option and lender recourse, see the November 2009 first tuesday article, California homeowners: exercising your right to default.]
Re: “Owners Stop Paying Mortgages, and Stop Fretting” from the New York Times
Buyers need more help with affordability as interest rates still need to adust down.
We get 1% on savings and pay 5% on RE loans? huge profit in there. Lighten up lenders!
More enabled confident buyers not afraid of homeownership are what we need like a shot in the arm.
Folks gotta stop putting less than 20% down and ditch some of their fancy toys and I this… I that…latest money wa$ter which are
pretty bad investments.
Buy as many homes as you can afford not to lose or have to sell in 5-7 yrs
Many Ca homes are 70-100 thousand! Thats ONE year earnings for many! how cheap is that? And ya rent em and insure them-then after living in them for 2 yrs sell em for 500,000 tax free-or 250K if single person
Banks need to foreclose quickly so we can get this over with. Yes, it will put downward pressure in the short turn but it will turn around just like in 1990-1996 in CA. This slow bleed is horrible.
This strategic Defauling has been occuring in my Coachella Valley area for about 4 years now, and numbers are increasing yearly..it is now becoming common practice. I deal mainly in Short Sale Listings and the only reason the Sellers work with me on their Short Sales is to keep their credit hit a bit lower and also to feel more comfortable staying in their homes while we negotiate the 1st and 2nd trust deeds with their Lenders.
The Lenders are NEVER easy to work with (except Wachovia), and this is amazing to me. But..I have always said that they do not want to write off their losses until they absolutely HAVE to..hence, the feet dragging on the Short Sales..