As you may have read or heard by now, Bank of America announced on Friday it will put a freeze on foreclosing on any more properties across the nation. Other lenders are sure to follow, as many states’ Attorney General Office are investigating the foreclosure procedures and some lawyers in several states have filed class action law suits.
What does this mean to you and to the nation as a whole?
#1 – if you are a buyer, buying a foreclosed property right now, you may not be able to get title insurance. Title insurance is purchased, usually at closing, within 30 days of purchase. It covers future claims to faults in the title from ownership to outstanding liens and unpaid taxes or utilities. In the case of a claim, the title company would negotiate and settle the claim and you maintain ownership. Without title insurance, you could be liable to settle the unpaid lien, tax, utility bill or in worse case scenario pay legal fees to fight for your ownership. If you lose, you could lose your home but still owe the mortgage. Two of the biggest title companies have released internal memos stating they will not issue title insurance on foreclosed properties.
#2 – If you are one of those buyers, looking for that “cherry” deal, there will be much more fierce competition, since fewer foreclosure properties will be released to the market. Some properties are also being withdrawn from the market. I have even had about 4-6 foreclosure sales in the past year either delayed or cancelled due to title issues. 3 have had to be re-foreclosed, so the buyers lost their investment of appraisal fee and home inspection fee. They did receive their earnest money back.
#3 – If you are a homeowner trying to modify your mortgage or short sale your home, perhaps the banks will have more motivation to be expedient in the process. Some of the class action suits address the fact that new legislation requires the banks to make every effort to keep property owners in their homes/to avoid foreclosure. If documents reveal the delays, loop holes, and lack of effort on the banks’ behalf, then the claimants have a strong case, in my opinion.
#4 – If you are a homeowner trying to sell your property, congratulations! You may have less competition. You may no longer be fighting continuing declines in property values due to surrounding foreclosure listings and sales. You may just have a stronger chance of selling your home! This doesn’t mean you can get more than fair market value. This doesn’t mean appraisers will not use foreclosure comps from within the last 3 months, within 1-3 miles of your home to arrive at appraised value. This doesn’t even mean there will suddenly be more home buyers out there. It simply means the market has a temporary reprieve from an increase in foreclosure listings.
#5 – Yes, it means recovery of the housing market is also delayed. Since 2007/08 I have predicted recovery in the 2nd quarter of 2011. Even prior to Friday’s announcement, I knew my prediction was too hopeful. Through the past year, I see there are too many factors that are unpredictable to make an accurate prediction – even for the economists. The economists say we are out of the recession. Perhaps the overall economy is. But the housing market is not, and too many other markets are tied to housing. Once the housing market returns to having about 3-5 month absorption rate (inventory that will sell within 3-5 months for the # buyers in the market), then I will feel like the Atlanta area has recovered. Right now, different areas of Metro Atlanta have different absorption rates. In general they range from 8 months to over 1 year.
Like I will say in every post, if you need to sell – sell at the right price and eliminate any objections a buyer may have (color, finishes, features, etc). If you want to buy, select the type of housing that suits your lifestyle (area, interests, townhome/condo/single family). With an appraisal contingency, there is almost no way to pay too much for a home in this market. And, if you want exceptional representation, please contact me. 678 508 6811 joan@intownfocus.com
SocialVibe