Current data shows that 10% of borrowers in California are in default and that 73% of borrowers have negative equity. Ouch.
If you are a homeowner facing foreclosure, you have a number of options available to you. Of them, the first that most borrows try is for a loan modification. On the surface of it, a loan mod seems like a good deal, but the more I think about it, the more I wonder if that is truly the case.
Getting your loan modified is no easy task. The lender is going to be very difficult to deal with and this is going to add to the your already high level of stress. If you are successful, you can expect that the lender will likely reduce the interest rate and the payment. They may also set aside some of the principle on the “back end” and not charge you interest for this balance for some time.
Make no mistake about it though, you will still owe this (extra) money.
At first glance, getting a lower payment and being able to stay in your home (for now) may seem like a very good idea. The reality, however, is often much less appealing.
Why?
Well, there are a number of reasons.
First, you still likely owe far more than your house is worth. This is probably the biggest reason that most loan modifications eventually end up back in foreclosure. Initially, the borrower is very happy to have been able to stay in the home, however, as time passes, the reality of the size of the debt versus the value of the home sets in, and the motivation to keep making those payments eventually weakens.
Remember, in your neighborhood, the vast majority of homes in default do not get their loan modified (if you don’t have a job, you CANNOT get a loan mod). When a loan is not modified, the home is either sold via short sale, or sold at the trustee sale, or taken back by the bank and sold as an REO. In all cases, the sales price(s) of the houses that surround yours are going to be lower than a home that was not sold “in distress”.
What does this mean for you? In means that “comparable sales” are going to keep going down for a while yet, and each time that happens, your house is going to be worth less. The amount you owe, even after a loan mod, is still going to be the same. Bummer.
Making matters worse, in some neighborhoods, homeowners who are capable of making their payments simple stop doing so because they no longer see the point. Their house value is far less than the loan, none of the neighbors are making a payment, and no one has yet been evicted.
This is what we call a “strategic default”.
Regardless of what you call it, the result is still the same; foreclosure takes place and the house is eventually resold at a much lower price – which in turn results in much lower sales comparables.
Fannie-Mae is not ignorant to this problem and that is why they recently introduced their deed for lease program. In this program, the qualifying homeowners facing foreclosure will be able to remain in their homes by signing a lease in connection with the voluntary transfer of the property deed back to the lender.
For many homeowners, this will allow them to stay in their homes, get debt relief, and cut their monthly cost of shelter in half. Not a bad deal for most people.
What has not yet been announced, but what I think is highly likely, is that in a year or two after you deed your home to the lender, you will then be offered a option to buy it back. If that plays out, that is absolutely wonderful for the homeowner.
Think about it; you deed it back to the lender, you get to stay in your house, your debt is eliminated, and eventually you get to buy it back at its now current (lower) market value!
There’s just one problem with this. What about the other 90% of homeowners who aren’t in default but are under water? Don’t you think they are going to want their discount, too?
I’m guessing they will, and if I’m right, that is going to mean a whole lot more strategic defaults.
Very clearly, we are not out of the woods by any stretch of the imagination – despite what you may be reading in today’s news.





