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Flood of Foreclosures: It's Worse Than You Think

by: Les Christie  |  CNNMoney.com

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Ezekiel Pierre Sejour stands in front of an empty, foreclosed home that he and his mother Marie Nadine Pierre, were moved into by the Miami group Take Back the Land after she lost her jobs and could no longer pay her loans. Take Back the Land moves homeless families into empty foreclosed homes in Miami and provides legal protection from eviction. (Photo: Getty Images)

Banks are moving slowly to list repossessed homes for sale, which could mean that housing inventory is even more bloated than current statistics indicate.

    New York - Housing might be in worse shape than we think.

    There is probably even more excess housing inventory gumming up the market than current statistics indicate, thanks to a wave of foreclosures that has yet to hit the market.

    The problem: Many foreclosed homes and other distressed properties that are now owned by banks have yet to be listed for sale. The volume of this so-called "ghost inventory" could be substantial enough to depress already steeply falling prices when it does go on the market.

    "That's not good news," said Pat Newport, an analyst with IHS Global Insight. "[Excess] inventory is the biggest problem in housing these days, and it leads to lower housing prices, which leads to more foreclosures."

    RealtyTrac, the online marketer of foreclosed properties, recently discovered that it has far more foreclosed properties listed in its database, which the company compiles using courthouse records, than there are listed in the multiple listing services (MLS) maintained by real estate agents.

    RealtyTrac looked at listings in four states, California, Maryland, Florida and Wisconsin, and found that they contained only a third of the foreclosures it has in its database.

    The scope of the problem isn't clear, but it could be huge considering that RealtyTrac has a total of 1.5 million bank-owned properties on its site.

    "Many properties that should be listed on the MLS are not listed on the MLS," said Lawrence Yun, chief economist for the National Association of Realtors (NAR).

    Underestimating Inventory

    The National Association of Realtors calculates official housing inventory statistics using data from the multiple listing services. By that measure, there were 4.2 million existing homes for sale in November, an 11.2-month supply at the current sales pace, up from a 10.3-month supply in October.

    But now it seems quite possible that these figures, which are already at record highs, are underestimating the situation. And if that's the case, it could take much longer for the housing market recovery than analysts currently expect.

    Until supply can be brought down to a more normalized level of six to seven months, home prices will continue to come under pressure, according to Yun.

    "It could be a worse problem than we think," he said.

    L.J. Jennings, a real estate broker with Pyramid Real Estate and Investments in Oakland, Calif., sees plenty of evidence that it is.

    "There are a number of properties in my area that have actually been taken back by the banks, but have not hit the market yet," he said. "Once a bank repossesses a property, in some cases, it can take more than six months to hit the market."

    He cites a handful of examples offhand, including a single-family home in Richmond seized in early October, a condo in San Ramon taken back the same month and a four-family building in Oakland that was repossessed in July.

    "Either lenders are overwhelmed and can't get these properties back on sale quickly" said RealtyTrac spokesman Rick Sharga, "or they're deliberately slowing down."

    Why There's a Delay

    The chief problem is probably system overload: Lenders are just not prepared to handle the sheer numbers of foreclosures that they have on their books. Banks took back about 860,000 in 2008 - more than twice the number in 2007 - according to RealtyTrac. Before the housing crisis hit, it took only about a month to get a bank-owned foreclosure on the market.

    Lenders still insist they try to act as swiftly as possible. According to Tom Kelly, a spokesman for Chase (JPM, Fortune 500) Mortgage, their goal is to cut their losses on these homes, which are expensive to maintain, as fast as possible.

    But banks might hold back listings in areas where they already have lots of homes for sale in order to avoid flooding the market, according to Michael Youngblood, a financial analyst and founder of Five Bridges Capital, an asset management company.

    "If lenders have a significant number of properties in a limited area, they may want to stagger putting them back on the market," he said.

    Eve Alexander, a real estate broker with Buyers Broker of Florida in Orlando, attributes the delays to the general malaise that's overtaken the lending industry as it's imploded.

    "I think banks are dragging their rears about doing just about everything," she said. "They have so much going on, and there's so much red tape and the people don't care, nothing gets done."

    There are also batches of bank-owned homes that don't appear on the multiple listing services because lenders are trying to sell them via bulk and auction sales to investors as well as individuals, according to John Mechem, public affairs director for the Mortgage Bankers Association.

    He adds that it's also taking much longer to get many foreclosed homes in decent enough shape to put on the market. (see This home for sale stinks.)

    Bank-owned properties are in worse condition than ever because the foreclosure process is taking longer than ever. As much as a year can pass between the time a borrower first misses a payment and the final auction sale, according to Youngblood. During that time, houses often deteriorate because owners have neither the money nor the incentive to maintain them. Some disgruntled homeowners may even deliberately damage homes before they leave.

    "According to our servicing folks, it's taking more time for lenders to get properties in saleable condition," said Mechem.

    The phenomenon of a growing ghost inventory doesn't promise to get better anytime soon, as long as the rate of foreclosures continues to ravage the market. There were more than 3.1 million foreclosure filings in 2008, according to RealtyTrac.

    Said Sharga: "I don't see how we can avoid another 3 million in 2009."

  

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Comments

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Four months into not paying

Four months into not paying on our loan our bank still says the best it can offer us is an interest only loan for 3 yrs (yes, at a low int. rate) or a 6.5% 30 yr fixed. Since neither of these options helps us with either staying in our house long term or helping us with an affordable loan, we'll probably be foreclosed on. I'm incredulous that the banks would prefer to go this route and spend more money than work something out with us now. Maybe they'll get more help from the government to cover their losses but not us! Oh! yes, we live in Florida.

I live on Social Security

I live on Social Security Disability and am really in no physical shape to move. The owner of the condo I rent is in the car business & the condo may be foreclosed upon. The owner is a helluva nice guy--the best landlord I've ever had. He doesn't deserve what's happening to him any more than I do. The Federal government, when dealing with this crisis, MUST protect tenants who live in "investment properties," especially those of us who are in no shape to move. We desperately need Federal intervention preventing mortgage holders from forcing disabled tenants, especially disabled citizens such as myself who are in no physical shape to move, into homelessness. The banks are not being forced at this point to do anything to protect disabled tenants who reside in investment properties. The owner has placed the condo up for short-sale to avoid foreclosure, but even if it sold, I would still have to move, as whoever buys it will either want to live in it, or rent it for the short-term summer weekly rental dollars, which can't even be counted upon anymore, with the economy in the shape it's in. Better for the banks to protect disabled tenants and leave them be, rather than risk legal liability for throwing them out in the street.

I am an attorney in Holland,

I am an attorney in Holland, Michigan and represent many homeowners going thru foreclosure and eviction. I find your article interesting---indeed you are right on with your comments. In my case my clients remain in their homes as I defend the wrongful foreclosure or eviction. I will watch for your further updates on this topic. Richard Black, Attorney.

Yes they should opt for long

Yes they should opt for long term agreements at 4.5%. Instead they view re-mortgaging as junk bonds. perhaps they are no better than junk the,selves!

I suspect the TARP fund law

I suspect the TARP fund law was deliberately written and has been quietly administered as s a trickle-up bailout using middle class taxpayer money taken from the small portion of national wealth that has trickled down since Reagan and Bush I held sway. The Republicans, with enabling Democratic 'centerist' collusion, has deregulated capitalism and established America, Inc. Stage Right, the Land of the Richest, Most Self Serving Sociopaths in the World. To support or aid the millions of little people at the bottom of the hedge fund's and banker's pyramid scheme (Enron based, with a Ponzi finish) is not an option to this class of self selected human beings. Not even in their wildest dreams will they let this 40 year racket be peacefully taken out of their greedy private hands. Disaster capitalism is a means to an end. I suspect the scheme's End Game will be much, much worse than the criminal means used to get us There.

We are trying to stay in our

We are trying to stay in our home also, but with the job market in Michigan it's impossible. I'm laid off from GM but going back soon. My husband... that's another story. At this point we are going to have to throw in the towel and find a place to rent. I guess home ownership isn't all what's cracked up to be. We tried, the banks worked with us. The money isn't there anymore. I feel bad because we have great neighbors and it's going to affect the value of their homes. I hope the bank at least keeps the electricity on because we have a sump pump that runs 24/7. I'd hate to see the aftermath. One house in the area that was foreclosed had 3 feet of water in the basement. I will mention this to them. I hate to see that happen to our dream home that will become somebody else's one day. We have been here almost 9 years.

PERMANENT MORATORIUM on

PERMANENT MORATORIUM on foreclosures across the US until further notice. If banks had known that foreclosure was not an option at the time many of those toxic loans were issued, they would not have made the loans on terms the borrowers were not likely to be able to afford. If banks know that foreclosure is OFF THE TABLE for the indefinite foreseeable future, they will have incentive to renegotiate loan payments to terms borrowers can afford. Only borrowers who fail to maintain payments consistent with reasonable terms based on current prevailing rates of interest balanced against the payments required during the initial period of their loan should be subject to court-ordered foreclosures. The burden of proof should be on the lenders. This, and only this, in combination with federal capital assistance under the TARP program, will stem the death of the housing market. Investment vultures with money are hovering and feeding on the misfortune of those who lose homes to foreclosure and others forced to sell. They purchase homes at bargain prices and resell to make a killing when the crisis is over. Pumping cash into the hands of investors with no effective program to stop foreclosures simply benefits the vultures at the expense of those less fortunate. This process has gone too far already. The vultures do not care about you or your home; they see your misfortune as their opportunity. The vultures are against effective federal action to end this crisis until their appetites are sated. Financial vultures have been taking advantage of the little people for too long. Government should moderate, not facilitate, this game.

Deb-- This just got to

Deb-- This just got to me---hence delay. bd

It does sort of boggle the

It does sort of boggle the mind that banks would rather go to the expense and loss of foreclosing and trying to sell a house at a loss, then trying to work out a plan that the homeowner can actually pay. I may be missing something, but it doesn't make any sense to me. Do the banks have some sort of insurance or does someone else a long distance away actually own the mortgage? On the surface it looks as if bankers should not be trusted making decisions because they act irrationally. Is it a disease that has infected bankers all up and down the pay scale?

I totally agree with the

I totally agree with the first commentor - quote "The Republicans, with enabling Democratic 'centerist' collusion, has deregulated capitalism and established America, Inc. Stage Right, the Land of the Richest, Most Self Serving Sociopaths in the World." Quite honestly, I think the republicans will really give Obama a "run for his money." No way do they want the middle class and poor to survive this economic crisis, and the new president will need all the help he can get in dealing with the Congress and the Senate to pull America out of the ceonomic toilet. Icelanders protest in the streets - how long will it take for Americans to take back their country?

The Fed is making money on

The Fed is making money on this. Learn how money is generated in this country because once you know, you will realize why the banks are screwing people. Everyone I know who has taken economics never has had a lesson on the US Financial System because if they did, the outrage would be enormous. The US taxpayer has been systematically screwed since 1913, the year the private entity known as the Fed was instituted. Thank Woodrow Wilson for dropping that number on us, an act he came later to detest as the single worst thing he had ever done.

I have been trying to get my

I have been trying to get my loan modified for 4 months now. The investor is hemming and hawing about modifying it. I first tried to get out of this mess by selling my house. It was on the market for almost a year. I kept dropping the price, over 100k, but it still did not sell. I dropped the price as low as I could and still be able to cover the huge pre-payment penalty (that I tried to have waived twice and twice was turned down), pay the real estate commission, pay for the over 10K worth of needed repairs (per the inspections), and pay off the balance of the loan. Now I am facing default as of next month and still no loan modification. At this point, after almost 18 months of trying to get out of this mess, I am ready to just walk away. Renting is beginning to look awfully attractive right about now, especially considering that I am paying property tax on a house that is now valued less than the county assessment. It is crazy that the investor is willing to lose the amount that will be lost if this house goes into foreclosure rather than modify the loan. I make decent money and my job is secure. I just don't get it.

I have known for quite

I have known for quite sometime that this crash was coming. Why bail out private banks when they serve the interests of their rich masters. We need to recreate the Bank of the U.S.. It would be called "The Third Bank of the U.S." A sovereign bank for a sovereign country! The rest of the private banks can get their charter through this national bank and be answerable to our national bank! That is what our founding fathers had intended in the first place. Abolish the FED and the national bank will set the interest rates. The Second Bank of the U.S. we can thank Andrew Jackass Jackson for destroying! Another rigid thinking George Bush of his day who wound up on the wrong end of the civil war in the end trying to dissolve the Union.

We let our best people get

We let our best people get murdered, suicided, and assassinated and then let the socio-psychopaths get away with it and let them run the country, and often even vote for them, like Bush, and all the really vile creatures like Cheney and Rove who are behind them. We were and still are too busy doing "our own thing" and thinking positive thoughts. We fell for one Con after another. We never taught our children what they needed to know. Now we are reaping the rewards. -- The Greatest Generation and our sons and daughters

+painful to read these

+painful to read these stories. People must understand:#1-Foreclosures are PLANNED in the system because they are +PROFITABLE-just think of being able to repeatedly sell the same merchandise without it ever being consumed.#2-Fees are added violations--there should be no 'pay off' penalties[back to #1].#3-Maintaining property costs and is not all profit; the banks should be GRATEFuL the owners are doing this and they should be rewarded?#4-The overriding concern in judges rewriting mortgages is that #A-the LAW of CONTRACT SUPREMACY is now breached and a precedent has been set and#B-if the owner does keep the property for many years and a profit is later realized, it will go to the owner and not the bank/investors. #4-What the realtors and other professionals DO NOT TELL is that not all property is COMPARATIVELY profitable--commercial property is VERY profitable because investors are given tax breaks and many financial incentives by banks that private individuals buying the same property are never given, so being far less profitable than if labeled 'commercial'.

Banks could avoid glutting

Banks could avoid glutting the market themselves by refincing home to the owners advantage. There would be some loss for the banks of course, but not the wholesale collapse of the system that would drag dowm most of the existing banks as well putting countless millions of people in the streets, thus dragging down the economy even further. Not to mention bringing the country to the reality of its economic status: that of a third world nation trying to pretend it rules the world...

Some background: 1. In

Some background: 1. In October, 2005, I took out a mortgage with WaMu that was about 1/3 the value of my house, as assessed by the bank's and/or mortgage broker's appraiser. 2. Until March 2008, I had 24 years of perfect payment history on my past mortgages. 3. In November, 2007, I attempted to renegotiate my loan after WaMu had tripled (not a typo) my monthly payments. 4. WaMu never attempted a good faith renegotiation, for over 10 months, before they went bankrupt, and their successors are continuing in WaMu's footsteps. 5. I have not received a foreclosure notice as of yet. 6. Most important for the purposes of my comment here: I brought suit against WaMu (and the mortgage broker, and brokerage) in July, 2008, after months of futile efforts at renegotiation, two acts of their unauthorized attempts to withdraw money from my checking account, numerous fraudulent statements and acts by WaMu during the course of our discussions, discrimination against me based on class distinctions, fraud, and WaMu's breach of contract in numerous ways. The reason I bring this up is that I strongly recommend that anyone caught in a bank's trap proactively bring suit against the bank before a foreclosure is sprung on them. This will provide an incentive for the bank to renegotiate, and provides an interim step before bankruptcy, if it is available, and also helps to prevent further damage to one's credit score.

my mortgage adjusts to 12%

my mortgage adjusts to 12% interest next month. M&T refuses to negotiate; plus I have a 5% prepayment penalty. I haven't checked to see if they're taking taxpayer bailouts but since I do pay taxes I imagine the government is handing them my tax money while I'm supposed to hand them 12% interest and a 5% prepayment penalty or give them my house. I've paid on time every month for 3 years.

If every home owner would

If every home owner would demand proof from a bank or loan company that they possess the ORIGINAL note on the home and judges would require them also before bringing suit to delinquent home owners this mess would be solved. The banks bundled and sold these loans so many times no one actually knows where the original notes are.

WOW. There's a lot of

WOW. There's a lot of distress out there. I'm not sure what can be done, especially since most of the banks are technically insolvent already. I never expected to experience a crisis like this. I never imagine a replay of the Great Depression. Have we learned nothing about money and credit in the last 80 years?

Rather than lose my house,

Rather than lose my house, I would rent it out and live in a cheaper place, which would be paid for by the rental income while the remainder would be used to pay the mortgage on the house. Since the house would now be income-producing property it would have certain breaks on upkeep, maintenance etc.

Nationalize all banks. Put

Nationalize all banks. Put them under public ownership as a public service and public utility. Banks and banking command far too much control over the well-being of the citizenry than can be justified by private ownership. A tiny minority of the populution manipulate banks and banking laws to their own very private benefit, leaving the country in ruins. It is time to nationalize all banks. Congress gave them free money, few strings attached. What are they doing? They are giving themselves bonus and spending the cash on buying other banks! They're not using our bail-out money to restart mortgage lending They're using our money to buy other banks in an effort to consolidate banking power and profits in an ever-tiny wealthy elite. It's a scam. As long as banks are privately owned and managed for private profit, the banking system will hurt the larger society in the interest of concentrating wealth in the hands of a tiny few.

Are the financial entities

Are the financial entities who are foreclosing on homes really "holders in due course" of the original note ---if they do not possess it and the paperwork which passed it along to various new owners?

Wow, either there are people

Wow, either there are people responding here which up to now have only silently participated, or are some more waking after it is too late. Speaking up now when it is too late. I was taught that it IS 'The United States of America'. Most do pledge allegiance to 'THE UNITED STATES', a private corporation with international investors. Wake up America and smell SOMETHING!!!

The Answer to the Mystery.

The Answer to the Mystery. The banks and mortgage brokers won't renegotiate these trouble mortgage loans because it is more profitable not to. Flushing you down the toilet is more profitable than helping you.

Boo hoo, most of the

Boo hoo, most of the comments are 'poor me' comments. Yes, it's not your fault that you took out a massive mortgage or re-mortgage that could force you into foreclosure if your financial circumstances even changed slightly. It's the fault of those dastardly banks. It sounds just like a junkie blaming their dealers for their addiction. I have no sympathy for either. You and the banks are jointly responsible for the housing bubble and the misery we're now all facing.

We quit making our mortgage

We quit making our mortgage payment intentionally. Yes we did. Citibank raised our credit card interest rate from 8.9% to 21.1%. The frustrating part is that we were never late on our payments and never went over our limit on the card, they just raised the rate...for no reason other than to get more interest out of us. Then on top of this outrage my company, which I've been employed at for 11 years cut my work week to 36 hours, yes I still have a job but was told since I'm not full-time my benefits were cut. Health insurance...gone, vacation time...gone. But, my company has put the same work load on us. So...my wife and I decided to quit making our mortgage payment. Actually my wife is considering quiting her job, and staying home with the kids. With our one income we would qualify for medicaid and food stamps. Hey, why not ?, corporate banks and CEO's can get a handout and bonus and ride the system, I think we will to.

What about the people who

What about the people who patiently rented and waited to purchase something they could actually AFFORD? When did saving and being responsible fall out of fashion in this country? I weep for our collective futures due to childish morons having to purchase huge McMansions that they clearly could not afford.

Distressed in California

Distressed in California wrote... "It is crazy that the investor is willing to lose the amount that will be lost if this house goes into foreclosure rather than modify the loan. I make decent money and my job is secure. I just don't get it." The investor probably did the math, and he/she will actually make more money by you defaulting, than by reducing your loan amount. If you default, the investor will write the fixed loss off when doing his/her company taxes, which will reduce the actual amount of loss. If you do not default, and the investor reduces your loan amount, the loss in interest on the difference, and the loss of the amount reduced, is probably more than the loss of foreclosing on you. Also, you probably want the investor to also reduce the interest rate, which adds to the loss.

I owe property tax from 2008

I owe property tax from 2008 and will have lien place next month, my home is also scheduled for foreclosure by Wells Fargo in April. Does it make sense to pay property tax if the house is being taken away? The bank keeps offering a forbearance plan instead of a straight loan modification, I don't get it. I've been trying for 1 year to get the mod done. I honestly don't believe that WF will ever modify my 2 loans, I regret getting into this mess.

And falling home prices lead

And falling home prices lead to more foreclosures... HOW? The way I see it, a quarter of a million for a 2-bedroom house only benefits the banks and the Realtors. High home prices are about as good for the economy as $10/gallon gasoline.