Everywhere you turn today, the talk is about a next wave of foreclosures. I wonder whether this is accurate information. When I logically assess these statements and claims in my mind, I cannot understand.
While many Option Arm and adjustable rate mortgages are about to reset, I wonder whether the next wave of foreclosures will be a tsunami or just a few ripples.
How I see it:
Major lenders like JP Morgan Chase, Bank America, Wells Fargo and many more are offering loan modification programs to homeowners who would otherwise lose their homes.
Today vs last year: Home Owners who are behind on their payments are better educated on their options. I believe that short sales will be the dominant force in real estate in 2010. and foreclosures, not nearly as many..here's why:
1. A Judge earlier this year, in Massachusetts ruled that due to improper paperwork two banks improperly foreclosed on two Springfield-area homes; therefore, the title to these properties have been "clouded" or defective. Mortgages were not properly recorded, and sometimes not recorded at all, or recorded well after the date the mortgage was given. Judges have declared this illegal.. the banks sold and resold the mortgages multiple times to other investors. This affected and will continue to affect several homeowners in pre-foreclosure and foreclosure status. We are continuing to see this happen in other states as well. Based on this, I am of the opinion, at least right now, that there will NOT be a so called "glut" of foreclosures, I believe they will exist and come on the market, but not a wave or tsunami, as we saw last year and in first quarter 2009.
A. Another case Landmark National Bank v. Kesler, August 28, 2009 , the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that registers mortgages electronically and tracks changes in ownership. The significance of the holding is that if MERS has no standing to foreclose, then nobody has standing to foreclose - on 60 million mortgages? That is the number of American mortgages currently reported to be held by MERS. Over half of all new U.S. residential mortgage loans are registered with MERS and recorded in its name. Holdings of the Kansas Supreme Court are not binding on the rest of the country, but they are dicta of which other courts take note; and the reasoning behind the decision is sound. This will halt so many foreclosures, giving homeowners time to consider their options. and yes, the banks will continue to attempt foreclosure.
2. Lenders have to be accountable to their investors and their bottom line. Foreclosures are toxic assets and are cost prohibitive. Lenders do not want real estate, they want their money. Would you want to own a house where you would have to fund an asset manager, real estate agent, repairs, liability insurance and more. The cost of foreclosure on some homes can be greater than what the home is worth!
3.Because of Obama's new Making Homes Affordable program, banks have become kinder and gentler in the way of loan modifications for those who qualify.
4. For homeowners unable to qualify for a loan modification, short sales are the other best alternative. I believe that our inventory will consist of more short sales than foreclosures in 2010.
Lori Lincoln is knowledgeable, experienced and educated in foreclosures and short sales. Not all agents know the process, please call her if you or someone you know needs help. http://LoriLincolnTeam.com
Taunton Area Real Estate- Keller Williams Realty/Lincoln Team 
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I agree. I see successful short sales already growing in number in the Phoenix Metro area. We originally were seeing about a 9% success rate. Now we're above over 40% and are starting to see closings more in line with lender owned. Lender owned listings are falling slightly. All a sign I believe that short sales are the wave of the future.
Amy.. I really put myself on the line writing this post.. thank you for seeing it the way I do.. 1+1=2 right?