Boomer’s Blog

There certainly has been no shortage of sad news about real estate lending’s havoc on the economy lately. Once-shocking news articles about soaring foreclosure rates, dramatic price drops and the Fed’s efforts to treat Wall Street’s apparent hemophilia ebb and flow with tide-like rhythms, occasionally seeming slapstick in their essence.

News stories about the bloodletting on Wall Street can permeate the real estate investor’s consciousness like a Bob Dole TV ad for Viagra: You respect the fact that it may help your operation some day … but mostly you just want Bob Dole to resume his position as a war hero, self-made millionaire, Senate powerhouse and third-person presidential candidate. Only if there were a little blue pill to cure Wall Street’s performance issues however, could the beleaguered U.S. economy rebound any time soon.

Just as surreal as the esteemed American political icon’s widely publicized bout with erectile dysfunction are this week’s musings in Fortune magazine about the economic “Doomsday” it predicts would follow the all-too-possible failures of Fannie Mae and Freddie Mac. This government-sponsored duo owns or guarantees about $5.2 trillion in home mortgages, comprising approximately half of all outstanding U.S. home loans.

Fannie and Freddie Falter
Fannie and Freddie made a face plant on Wall Street this week, prompting the New York Times to discuss how they’ve managed to squander more than 60 percent of their market value this year and how the current mortgage bailout plan under consideration in Congress, if passed, would up the ante for taxpayers should either institution fail.

IndyMac Hits the Chop Shop
In the meantime, the Wall Street Journal reports that Countrywide’s spawn, Indy Mac has begun dismantling its operation. The mortgage lender and savings bank has announced plans to cut its workforce in half and sell 60 percent of its branches to Prospect Mortgage Co. Just last year, IndyMac was the 9th largest mortgage lender in the U.S.

These folks get objective, if not gentle coverage of their business practices in the news media. But when it comes to the real estate entrepreneurs who dare to attempt to make a living cleaning up the mess that the mortgage industry made, even some of the most widely respected news outlets too often resort to inaccurate depictions of our business, scorn and now, even metaphors that seek to identify us in the Wild Kingdom.

REI’s Proud Scavengers Run Circles Around the Competition
This week, CNN had the nerve to call real estate investors “vultures.” Frankly, I resent that. Not only because, unlike the bald bird of prey with keen vision, I have hair on my head and am slightly myopic. But also because real vultures mostly prey on carcasses, and I believe that the real estate market still contains a great deal of life. Come on CNN, it’s not as though we created the problems that have led to widespread foreclosure blight in the real estate markets hardest hit by the lending industry’s lapses in sane business practices.

if we’re the economy’s birds of prey, what does that make the folks who wrote billions in bad loans that have plagued once-mighty housing markets and jeopardized the stability of the U.S., if not the global economy?

A real estate investor featured in CNN’s story had to explain to the reporter that our industry actually helps neighborhoods and property values to recover from the devastation associated with high-density foreclosures. You’ll find this paragraph near the bottom of the lengthy CNN article.

When real estate owned (REO) homes sit vacant and are neglected for extended periods of time, the investor explains, they often become havens for squatters, drug dealers and the dangerous sorts of criminal activity that prompts most qualified buyers to flee a real estate deal with Blair Witch Project-like frantic abandon.

Navigate your Real Estate Business through the Economic Abyss
Clearly, the real estate deals are out there. But in tough economic times, it is more important than ever that we make the right decisions about our businesses. A timely Inman News poll posed the following eternal question: “Which of these items are the most vital to an agent in surviving a real estate market downturn?”

The following answers may surprise you, though they confirm what I’ve been saying all along: Marketing is everything in this business. (For more information, register for a free copy of “Secret Handbook of the Direct Marketing Revolution: Strategies to Guaranteed Success for Real Estate Entrepreneurs,” the report I wrote with Dan Doran to address obstacles faced by investors in today’s often cloudy markets.) To prove my point, here are the results of Inman’s poll:

• 0% Figuring out where to distribute data for for-sale properties I have listed.
• 32% Deciding how to spend my marketing dollars.
• 25% Knocking on doors, picking up the telephone.
• 11% Investing in new technology, communications tools.
• 32% Keeping in touch with past clients.

Is REI is the Little Blue Pill for Wall Street’s “Problem”?
So, while CNN calls us “vultures” one may wonder what other investment opportunity out there is part of the solution, rather than an endorsement of our great nation’s institutional failures? With so many economic indicators pointing down, what have any of the major players in the mortgage debacle done to help neighborhoods, families and local tax bases to recover from the mortgage crisis?

Ponzi Moves on to Greener Pastures
In March, we reported that money management firm Black Rock Inc., and hedge fund Highfields Capital Management were backing a new firm to buy distressed mortgages, betting that investors would snap up bargains in the beaten-down sector. The new company, Private National Mortgage Acceptance Company, or Penny Mac, has quietly been raising capital from private investors to help borrowers restructure loans to avoid foreclosure.

Penny Mac stars Stanford Kurland, who spent 27 years at mortgage giant Countrywide Financial Corp., as its chief executive officer and Morgan Stanley Global Residential Mortgage veteran David Spector as its chief investment officer.

Housing Wire recently reported that Penny Mac currently has $2 billion in its “war chest” to buy discounted, distressed mortgages, and will fund its own in-house servicing platform. in May, Penny Mac backer Black Rock reportedly negotiated a deal to buy $15 billion in subprime mortgage exposure from UBS, the Swiss bank that has been floundering since its boom-time tango with Countrywide Financial and other problematic U.S. lenders. (Here’s an awesome article in the Wall Street Journal that touches on this issue.)

Hey CNN: If we’re vultures, what do you call the evil geniuses behind that flip?! Oh wait, CNN’s intrepid staff of crack reporters hasn’t really covered that story in much detail. Sometimes I wonder if we all wouldn’t be more in-the-loop if we got our financial news from Animal Planet.

California foreclosures and the mortgage meltdown have been making international news headlines for some time. But this month, news  from the Golden State went from bad, to the Twilight Zone.

Much like the classic TV show, first made popular in the 1950s due in large part to host Rod Serling’s melodramatic gravitas, California’s housing market begs for a prelude to prepare readers for the truly bizarre. As Serling said: “There is a fifth dimension beyond that which is known to man,” He might as well been introducing late-breaking developments in California’s foreclosure crisis.

Here are the five most most startling, weird and ugly foreclosure stories to come out of California so far this month.

1. California REO Foreclosures Selling like Ipods
   This month, the LA Times reported that in April, California home auctions sold nearly 23,000 foreclosure properties at courthouses throughout the state. That’s is a 44 percent jump from the number of REO auctions reported for the state in March. That’s 1,000 homes sold at auction each business day for an entire month.
2. IRS Tax Delinquency, Lies and the Lawmaker
   Although she denied it earlier this week in a written statement, public records show that California Congresswoman Laura Richardson’s Sacramento house was sold via foreclosure auction on May 7. When she bought the 1,600 square-foot home in 2007, she paid more than $535,000. By the time it sold at auction, she owed $600,000 in unpaid loans and fees, including nearly $9,000 in property taxes, reports Capitol Weekly.
3. Countrywide Exec’s Email Debacle
   When an e-mail sent by a distressed homeowner inadvertently landed in his in box, Countrywide Financial Chairman Angelo Mozilo mistook the “reply” button for the “forward” button and sent his caustic response directly to the sender. The LA Times reports that not only was he unsympathetic in his response, he characterized the online foreclosure counseling service that encouraged the homeowner to contact his lender as “unbelievable” and “disgusting.” Mozilo has been under fire for cashing out while Countrywide, and the rest of the mortgage industry was tanking. In 2006, Mozilo was paid nearly $50 million in compensation; between 2006 and 2007, he cashed in stock options then valued at $140 million.
4. Never Neverland Again?
   Mid-month, entertainer Michael Jackson averted the scheduled foreclosure sale of his 2,700 acre Encino Neverland Ranch when his $23.5 million loan was purchased by real estate investment giant Colony Capital, according to Reuters.com.
5. REO Lender Takes the Bat to Canseco’s Portfolio
   At the beginning of this month, news got out that baseball great Jose Canseco let his 7,300 square-foot Encino home slide into foreclosure. He bought it in 2005 for $2.8 million, and when foreclosure struck, the property already had an IRS lien from a judgement levied against Canseco for starting a fight that leveled a Miami night club several years ago. This week, the Chicago Tribune reported that Canseco, who blames his two divorces for his financial woes, intends to generate wealth in his new career as a celebrity boxer.

Bank of America Corp. expects to re-negotiate at least $40 billion in at-risk mortgages after it completes its long-anticipated acquisition of Countrywide Financial Corp. this quarter.

In March, BofA announced renewed plans to buy the slice of Countrywide it didn’t already have in an all-stock transaction worth about $4 billion. Soon afterwards, Countrywide announced that 34 percent of its subprime mortgages were delinquent by Q4, 2007, representing a steady rise from 21 percent in Q4 2006.

In August, BofA invested $2 billion in Countrywide, and earned a non-voting preferred security which yields 7.25 percent annually. The security can be converted into 16 percent of Countrywide’s common stock. Countrywide is slated to announce its Q1 earnings April 29.

BofA estimates that its efforts to re-work Countrywide’s troubled mortgages likely will enable 265,000 mortgage customers to keep their homes and promises it will let distressed property dwellers inhabit their locations for 60 days after foreclosure completion. After foreclosure, those who vacate within 30 days will get $2,000 for moving expenses.

Of the acquisition, the Motley Fool muses that, since the onset of the mortgage meltdown, Countrywide — the nation’s largest mortgage lender — has become synonymous with the subprime mortgage debacle, irresponsible lending practices and unscrupulous executives who miraculously manage to stay employed, despite their roles in decimating the housing market and the economy. Fool reporter Morgan Housel predicts that dropping Countrywide’s tainted moniker will be BofA’s first course of action when the acquisition deal is complete.

CNNMoney: Home Prices in a Downward Spiral
While existing home sales recently have seen modest market boosts, analysts say that residential real estate prices have posted record drops in the past year. The S&P Case/Shiller Home Price index of 20 key markets finds that home prices plunged 11 percent in a 12-month period that ended in January. These findings mark the lowest levels ever reported for the index, which debuted in 2000.

Marketwatch: Emerging Bargains in REO New Construction
With falling home prices and changing lending practices, a growing number of foreclosures are now available in up-scale areas at at lower price points. In one new Sacramento, Calif. suburb, changing markets mean changing demographics in once-hot sellers’ markets. The greatest deals often are found in new-construction areas that were hot in 2005-2006 when they were priced well above the median price for the greater area.

Associated Press: Fed Auctions $50 Billion in Short Term Loans
Hoping to ease the economic turmoil for credit-crunched banks, the Fed has so far offered a total of $260 billion in short-term loans via eight auctions since December. The central bank has posted results of its latest such auction where commercial banks bid for their share of $50 billion in short-term loans. Reports say this is a continuing effort to minimize the impact of the recession on the vulnerable economy.

Forbes.com: Wall Street Chaos Ups Ante on Countrywide Buy-out Rumors
Rumors about Bank of America’s latest plan to acquire Countrywide Financial hit today, indicating that Countrywide might get a better takeover deal than the $4 billion offered by the bank in January. Even then, the deal was lauded by the Fed and other regulators hoping it would stop a liquidity-constrained Countrywide from causing more trouble in markets already cramping from the credit squeeze.  Speculators today may be counting on the Fed continue bailing out financial firms who are heavily vested in subprime markets.

Forbes.com: PennyMac to Profit from Contrywide’s Blunders
As the largest mortgage lender in the United States, many believe that Countrywide Financial helped to trigger the subprime mortgage disaster with its uninhibited lending practices. Countrywide currently is under FBI scrutiny for possible securities fraud and regulatory violations. Now, a group of former Countrywide executives are looking to capitalize on their wealth of experience by purchasing distressed mortgages at low prices and re-selling them for profit. Led by former Countrywide talent, the newly formed Private National Mortgage, or PennyMac, will use private capital to invest in and service residential mortgages; it also will acquire loans from institutions seeking to reduce mortgage exposure risks. Critics claim that Countrywide executives should not be empowered to profit from the mortgage crisis they may have helped to create.

Los Angeles Times: Equity Strippers to Bear All in Court
Federal prosecutors have so far charged 19 people, mostly from Southern California, with defrauding cash-strapped homeowners using “foreclosure rescue pitches” and an equity-draining technique called “equity stripping.” Two indictments have so far been issued in relation to the $12.6 million scam. Prosecutors say that defendants could get more than 20 years in prison, if convicted.