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Will the Hawaii Foreclosure Moratorium Be Renewed?

March 17, 2012 by Michael Borger


The one year anniversary isn’t too far off when last year’s moratorium on non-judicial foreclosures was enacted. The question I’m starting to hear from agents and other folks in the local Hawaii real estate industry is: Will the foreclosure moratorium be renewed?

Magic 8 Ball

Magic 8 Ball says....

Well, I wish my crystal ball held the answer to that but alas all I have is an old Magic 8 ball and it’s not very reliable about anything. But it’s certainly a topic that is going to start getting increasing attention in the next few months.

The initial voices for the moratorium were adamant about stopping the illegal foreclosures in light of the robo-signing and other mortgage impropriety scandals. They also wanted to give homeowners with underwater mortgages a greater opportunity to agree to a loan modification with their lender. Understandable.

However, the cons stated a clogged up inventory of overleveraged mortgages and the ill-advised encouragement of homeowners with bad mortgages to try and salvage their sinking ship. “Just because they CAN stay in the house doesn’t mean they SHOULD” was (and still is) a common sentiment.

No matter which side of the coin you’re on, it’s safe to say that the question of policy renewal is an important one. The most important question to ask is:

Has the moratorium been effective?

That itself is a trick question. How do you define “effective“?

Is it the number of homeowners kept in a mortgage who would others have been foreclosed upon? I might buy that, although some of the mortgage terms are still likely exorbitant. Or is it the % of homeowners previously denied a loan modification that now find themselves with modified terms? That might work as well. The problem is that you can’t measure the outcome until you clearly define your criteria for measurement, and that alone can be very contentious. Generally speaking, the objective would be to determine how the situation has changed since the enactment of the policy and to what degree those changes are a result of the policy or would have happened had it not been in effect at all. There’s no right answer. Hey, that’s what we elect politicians for, right? (insert pun below)

If you’re in the industry or following the housing market closely, you’ll notice that there’s no shortage of new REO properties being released out of inventory. Everyday it seems there are a few new foreclosure properties hitting the market as the banks continue to try and unload some of their stockpile. A renewed moratorium would likely make this drag on a bit further (not that it’s going to end anytime soon) keeping prices (and equity) low, however if it’s preventing people from being kicked out on the streets, well then there’s that argument as well. Again, it’s a contentious issue.

And before people think that stopping all foreclosures is good, remember this is only for non-judicial foreclosures. I’m working with some homeowners on the west side of Oahu right now on a short sale who were recently served judicial foreclosure papers — this is not one big parachute for all.

This post is just food for thought. I’d love to hear from others on whether they’re for or against renewal or even modification of the policy enacted last year.

Share your thoughts below!

Filed Under: Foreclosures, Hawaii Tagged With: Hawaii foreclosure

What “Robo-Signing” Foreclosures Means to Hawaii

October 13, 2010 by Michael Borger

Your Foreclosure Processor

Just a quick post here regarding the recent “robo-signing” that’s gripped the nation’s foreclosure landscape. As most of you know, quite a few of the country’s top mortgage lenders have reduced or outright stopped pursuing foreclosures for the time being in some or all states. Bank of America, the nation’s top lender, put a halt to its foreclosures in all 50 states. If you didn’t see, Hawaii was recently ranked 10th in the nation in foreclosures per capita, so the lenders’ actions in the aftermath of this report will have a significant impact on the Hawaii real estate market.

What happened? Well, it turns out that the necessary checks and balances that ought to be adhered to when foreclosing on someone’s home were being given little more than what amounts to a quick glance and a few strokes of the pen in an effort to mass-process the growing amount of foreclosures coming through the pipeline. When this became known the general public, the backlash was too great to ignore and the lenders hit the brakes for at least the near term.

Foreclosing on someone’s home is a serious matter. Homeowners in this situation have likely been thrown a curveball in some form — reduced or lost employment, divorce, illness, decrease in rents for second homes, etc. — and have hopefully made an honest effort to avoid the situation but have been unlikely to do so. I think they deserve to know that, although the foreclosure in their situation is unfortunately the end of the line, the process by which it happens has at least been given the proper attention and scrutiny. They are still people with property, not just names on documents. I appreciate the effort by lenders to expedite their procedures given the large numbers of foreclosures in the works, but if a slower process is what’s required to make sure that all the i’s are dotted and t’s crossed, then so be it.

However, in light of the public misgivings against the lenders named in the robo-signing fiasco, I think it’s important to remember that it’s not the criteria of foreclosure that’s being questioned, just the process by which they are processed. If homeowners have not made up the arrears or come to terms with the lenders on a loan modification for their property, then they likely fit the criteria upon which the lenders choose to foreclose, no matter whether they are ‘robo-signed’ or not. That’s not being questioned and it’s not to sound harsh, but we need to be clear about what the problem is and what it is not. Even with the robo-signing, if you don’t pay your mortgage you’ll ultimately be foreclosed upon.

So what does this mean to Hawaii? Well, it depends on who you are and where on the islands you live. Homeowner Joe about to lose his house in Honolulu may get a temporary reprieve in which to come to terms to avoid the impending foreclosure, but will ultimately lose his home anyway if he doesn’t. Homeowner Sue in Ewa Beach actually wants these foreclosures to happen sooner than later so that new owners move in to otherwise vacant or rundown properties and help improve the neighborhood.

Active REO Oahu Listings (10/13/10)

This is important Hawaii real estate information for investors as well. As of this morning’s writing, there were 58 actively listed REO (bank-owned) properties on Oahu. Most of these are between Pearl City and Waianae, with the bulk of them in the Kapolei / Ewa Beach area. That’s no surprise to anyone that lives here. If the number of REO properties coming on the market slows down, the investor competition for those currently listed is likely to build — simple supply and demand. A likely result of this is that growing competition for a smaller supply of REO properties will send many investors elsewhere where more profitable deals may await — bankruptcies, preforeclosure / short sales, vacant land or even properties outside of Hawaii itself. Many locals prefer to invest in mainland markets. However, since real estate investors usually renovate their REO properties before putting them back on the market, thereby increasing neighborhood aesthetics and overall value, it would be unfortunate to push them away from REOs.

What are your thoughts on this latest bit of Hawaii real estate information? What were your initial reactions when you read about the lenders actions? How is this affecting you and your neighborhood?

Filed Under: Foreclosures, Hawaii, National Tagged With: Hawaii foreclosure, loan modification, robo-signing, short sale, Stop foreclosure Hawaii

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