Banks are so overwhelmed by the U.S.
housing crisis they've started to look the other way when
homeowners stop paying their mortgages.
The number of borrowers at least 90 days late on their home
loans rose to 3.6 percent at the end of December, the highest in
at least five years, according to the Mortgage Bankers Association
in Washington. That figure, for the first time, is almost double
the 2 percent who have been foreclosed on.
Lenders who allow owners to stay in their homes are
distorting the record foreclosure rate and delaying the worst of
the housing decline, said Mark Zandi, chief economist at Moody's
Economy.com, a unit of New York-based Moody's Corp. These
borrowers will eventually push the number of delinquencies even
higher and send more homes onto an already glutted market.
``We don't have a sense of the magnitude of what's really
going on because the whole process is being delayed,'' Zandi said
in an interview. ``Looking at the data, we see the problems, but
they are probably measurably greater than we think.''
Lenders took an average of 61 days to foreclose on a property
last year, up from 37 days in the year earlier, according to
RealtyTrac Inc., a foreclosure database in Irvine, California.
Sales of foreclosed homes rose 4.4 percent last year at the same
time the supply of such homes more than doubled, according to
LoanPerformance First American CoreLogic Inc., a real estate data
company based in San Francisco.
Reluctant Banks
``Some people stay in their houses until someone comes to
kick them out,'' said Angel Gutierrez, owner of Dallas-based Metro
Lending, which buys distressed mortgage debt. ``Sometimes no one
comes to kick them out.''
Banks are reluctant to foreclose on homeowners for a variety
of reasons that include the cost, said Peter Zalewski, real estate
broker and owner of Condo Vultures Realty LLC, a property
consulting firm in Bal Harbour, Florida.
Legal fees and maintaining a vacant property while paying the
mortgage, insurance and taxes can add up to as much as 15 percent
of the value of the home, and it may take months for the
foreclosure to work through the legal system, he said.
``The end result is taking back a property that the bank will
have to manage, rent out and or sell,'' Zalewski said.
In many cases, lenders also have to foot the bill for fixing
up vacant homes that have been vandalized.
Empty Houses
Real estate broker Georgia Kapsalis is offering a home for
sale in Birmingham, Michigan, a Detroit suburb, where the owner
last wrote a mortgage check in July. He still lives in the house,
she said.
``Some of the banks just don't want the houses to be empty,
especially if it's in an area where there's a lot of theft or
there are five other houses empty on the street,'' said Kapsalis,
who works at Added Value Realty LLC in Livonia, Michigan, another
Detroit suburb. ``They'll lose toilets, plumbing, appliances,
everything. Banks are getting wise and allowing people to live
there longer.''
Alexis McGee, president of Internet database Foreclosures.com
in Sacramento, California, said she toured a property where the
departing resident tried to make off with the outdoor air
conditioning unit by sawing the metal legs off its concrete apron.
``People take what they want to take,'' McGee said. ``They
feel that they're owed.''
Flooded Market
With home sales dropping and national inventories rising, the
lenders have another reason to delay foreclosures, said Howard
Fishman, a real estate investor based in Minneapolis.
``What are the banks going to do?'' Fishman said. ``They
don't want the house. They have a mortgage for $1 million and the
house is worth $750,000.''
In February, 5 million existing homes were sold on a
seasonally adjusted, annualized rate, down 31 percent from the
peak of 7.25 million in September 2005, data compiled by the
Chicago-based National Association of Realtors show. More than 4
million existing homes were on the market in February, 53 percent
more than the 2.6 million average of the past nine years, the
Realtors reported.
``Excess inventories pose the biggest risk to the market,''
Michelle Meyer and Ethan Harris, New York-based economists at
Lehman Brothers Holdings Inc., wrote in a report last month. ``As
long as inventories are high, home prices will fall.''
New Foreclosures
Growing inventory pulled median home prices down to $195,900
in February, a 15 percent drop from the peak of $230,200 in July
2006, the Realtors said.
New foreclosures rose to 0.83 percent of all home loans in
the fourth quarter from 0.54 percent a year earlier, according to
the Mortgage Bankers Association.
The civil court in St. Lucie County, Florida, is getting
about 44 foreclosure cases to file every day. That's the same
number it averaged in a typical month in 2005, said Clerk of the
Circuit Court Ed Fry.
``It's pretty overwhelming,'' he said.
Fry said he has 12 full-time employees and two temporary
workers he just hired handling nothing but foreclosures. Still,
the 50-page filings sit in cardboard boxes for three weeks before
the court staff can process them, Fry said. Then it takes another
two months to get a date on the court docket, he said.
Mortgage servicers, who collect monthly payments and are
responsible for starting the foreclosure process, also were caught
short-staffed, said Grant Stern, a mortgage broker and owner of
Morningside Mortgage Corp. in Miami Beach, Florida.
`Moral Hazard'
``The most experienced people you can bring in are
origination people,'' Stern said. ``But for a bank it's a moral
hazard to have the same people who originated the loans now
modifying those loans. That wouldn't be desirable. Once around is
enough.''
The five largest servicers -- Countrywide Financial Corp.,
Wells Fargo & Co., CitiMortgage Inc., Chase Home Finance Inc. and
Washington Mutual Inc. -- together manage more than half the home
loans in the U.S., according to New York-based National Mortgage
News, an industry publication.
While more than 100 mortgage originators have suspended
operations, closed or sold themselves since the beginning of 2007,
mortgage servicing units are expanding.
Chase Home Finance, a unit of New York-based JPMorgan Chase &
Co. and the fourth-largest U.S. servicer, expects to spend $200
million more servicing loans in 2008 than it did last year, said
spokesman Thomas Kelly.
Delayed Foreclosure
Kelly wouldn't say how many Chase borrowers have quit paying
their mortgages and remain in their homes.
Efforts to keep borrowers paying their bills have slowed the
foreclosure process, Mark Rodgers, a spokesman at CitiMortgage, a
division of New York-based Citigroup Inc., said in an e-mail
message.
``In a number of cases, we have delayed foreclosure
proceedings to allow our loss mitigation teams additional time to
explore potential solutions to keep distressed borrowers in their
homes,'' Rodgers said.
Joe Ohayon, vice president of community relations for Wells
Fargo Home Mortgage in Frederick, Maryland, a unit of San
Francisco-based Wells Fargo, said trying to modify loan terms case
by case adds time to the foreclosure process.
``Foreclosure is only a last resort after all available
options for keeping the customer in the home have been
exhausted,'' Ohayon said in an e-mail message.
Affordable Payments
Olivia Riley, a spokeswoman at Seattle-based Washington
Mutual, said in an e-mail that the company's goal is to keep
customers in their homes ``with payments they can afford.''
Representatives for Calabasas, California-based Countrywide,
the biggest U.S. mortgage servicer last year, didn't respond to
requests for comment.
Few mortgage companies will admit they allow homeowners to
stay in their homes without paying their bills.
``No servicer will say you can live rent-free for six months,
go ahead,'' said Paul Miller, a mortgage industry analyst at
Friedman Billings Ramsey & Co. in Arlington, Virginia.
``Eventually, the servicers will clear these guys out.''
Homeowners usually get 90 days to resume paying before
foreclosure proceedings begin with the filing of a complaint or
notice of non-payment.
State laws determine the length of time between the filing
and an auction of the house. In most states, it's two to six
months, according to Foreclosures.com. In Maine, it can be up to a
year and in New York, 19 months; in Georgia, it's as quickly as
one month, and in Nevada, it can be 35 days, according to the
database.
Borrowers in California who fight foreclosure can stretch the
process to 18 months, said Cameron Pannabecker, chapter president
of the California Association of Mortgage Brokers and president of
Cal-Pro Mortgage Inc. in Stockton.
That doesn't take into account the woman he knows who hasn't
made a mortgage payment in eight months and hasn't heard from her
lender, Pannabecker said.
``Now she's afraid to mail in a payment for fear it'll come
to somebody's attention,'' he said.