Seattle Bubble

News & discussion about real estate & the housing bubble in the Seattle area.

Seattle Bubble - News & discussion about real estate & the housing bubble in the Seattle area.

Entries Tagged as 'bankruptcy'

More on the Possible Mastro Bankruptcy

By The Tim on August 15th, 2009 at 5:14 PM · 17 Comments

Kristen Grind over at the Puget Sound Business Journal had another great article about the unfolding mess with local developer Mike Mastro: Rival banks battle over Mastro bankruptcy

A legal battle between rival creditor banks over developer Michael Mastro Sr.’s real estate holdings is breaking out in federal bankruptcy court — a dispute that affects creditors’ ability to recoup their loans and sheds light on the extensive amount of property Mastro had amassed in the years before his financial trouble began.

Cascade Bank, Sterling Savings Bank, Golf Savings Bank and Washington Trust Bank, together owed more than $40 million by Mastro, have asked the court for permission to pursue their claims against him outside the bankruptcy proceeding. That would allow them to pluck their properties out of bankruptcy, foreclose on them and sell the properties to possibly recoup some of their losses.

But other creditors that are petitioning to force Mastro into involuntary Chapter 7 bankruptcy argue that a single proceeding would put all creditors, including individuals, on equal footing.

The banks — Columbia State Bank, Venture Bank and First Sound Bank — filed to put Mastro into liquidation in July, and Mastro has challenged the move. Until the court decides on whether Mastro can be forced into involuntary bankruptcy and whether some creditors can opt out, all legal proceedings are frozen.

The article also includes a list of some of Mastro’s multi-million dollar debts on various major projects around the area. One notable exclusion from the list was Northshore Townhomes, an 86-unit townhome complex in Kenmore featured on these pages last month. Mastro’s company owes $24 million to HomeStreet bank on that project.

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Cramdowns Rejected by Senate, Appraisals Insulated from Banks

By The Tim on May 1st, 2009 at 9:18 AM · 126 Comments

Two good news stories on the national front that are worth sharing this morning.

Story 1: Senate Defeats Mortgage ‘Cram-Down’ as Democrats Balk

The U.S. Senate rejected a measure that would let bankruptcy judges cut mortgage terms to help borrowers avoid foreclosure, a victory for banks and credit unions that said the legislation would increase loan costs.

The proposed “cram-down” amendment to a housing bill was defeated today in a 51-45 vote, with 12 Democrats among the 51 opponents.

Banks that refused to negotiate a compromise were “greedy, stubborn and unreasonable,” said Senator Sheldon Whitehouse, a Rhode Island Democrat.

“The answer is not to incentivize bankruptcy by making it the means to save one’s home,” [Arizona Republican Senator Jon] Kyl said.

This is good news, in my opinion. Banks should be eating the losses on these homes in the open market, not by writing down the principal to help the home “owner” stay in a house they obviously simply cannot afford. So you lost “your” home—yeah it sucks, but go find a cheap rental and move on. Maybe next time you buy a house you’ll be more prudent.

Note, I am not saying that everyone who is being foreclosed on bought more house than they could afford, or used their home as an ATM. I figure that probably describes at least 70% of the current foreclosures, and such people are the primary reason for the “foreclosure crisis” we’re currently watching unfold.

[Update: As I mention in the comments below, I also believe we should be prosecuting the banks and the people at the banks for the massive fraud they willingly and knowingly perpetuated through these loans during the boom.]

Story 2: Realtors, Mtge Brokers Push For Delay In New Appraisal Rules

Realtors and mortgage brokers are in an 11th-hour push to delay by a year new Fannie Mae (FNM) and Freddie Mac (FRE) rules governing real-estate appraisals.

The rules, which take effect May 1, have sparked criticism from many corners of the real-estate industry.

The National Association of Realtors complained in a letter last week that the industry was given scant guidance and too little time to implement the rules. Appraisers worry the rules, which will put middlemen between loan originators and appraisers, will squeeze their fees. Meanwhile, mortgage brokers say the changes will make them uncompetitive.

“This is going to be devastating for everyone,” Marc Savitt, the president of the National Association of Mortgage Brokers, said Monday.

The rules arose from an investigation by New York Attorney General Andrew Cuomo into alleged collusion between mortgage lenders and appraisers to pump up home values. Fannie and Freddie, which became targets of probe, agreed in early 2008 to require all appraisers on mortgages they buy or guarantee to adhere to a new code of conduct.

The rules are intended to reduce collusion and fraud in the appraisal industry, which has been blamed for generating wildly inflated home values during the housing boom. The new code requires lenders to go through third-parties, known as appraisal management companies, to order appraisals. Lenders with in-house appraisal staff must set up safeguards to ensure loan officers don’t influence the home appraisal process.

Oh yeah, that sounds really “devastating,” doesn’t it? Shouldn’t safeguards like this have been in place from the start? I can think of one reason that banks and real estate agents would not be on board with this: they like being able to influence appraisals.

It’s nice to read some good news for a change when it comes to all the meddling the government has been doing in the housing market lately.

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Rapid Rise in WA Bankruptcies

By The Tim on November 24th, 2008 at 3:14 PM · 33 Comments

According to the Seattle Times, Washington State ranked 12th in the nation—up from 27th last year—for average monthly growth in bankruptcy filings between 2007 and 2008, with bankruptcy filings up 40% year-over-year.

How is this related to real estate? You can probably guess…

Across the state, declining home values and tighter credit have added a new twist to the old story of families bankrupted by medical bills, divorces or job losses. Experienced attorneys say they’ve never seen so many filers with houses.

In some cases, those filing for bankruptcy bet on real-estate investments at just the wrong time. An engineer acquired more than $4 million in property. One schoolteacher took out mortgages to buy five houses.

More common are those who faced insurmountable increases in mortgage payments when their teaser interest rates jumped, say bankruptcy attorneys. By then, the real-estate market had dropped and they couldn’t sell their homes. They include retirees, nurses, teachers and software engineers.

Count among them the Ruedas, who like many first-time buyers in the recent housing boom, relied on 100 percent financing with an adjustable rate to buy their three-bedroom rambler.

Said Ruedas: “It was the American dream, right?”

The family profiled in the Times article bought a home in Auburn in 2005 for “a little more than $200,000″ on a pair of $12 an hour incomes. They put zero down and got two mortgages (80/20), both adjustable-rate.

This is exactly the kind of dangerous loan situation that was disturbingly common during the boom years, since everyone mistakenly believed that the real estate market would be hot hot hot forever and ever, and hey, you can always just refinance later, no big deal.

Turns out it was a big deal.

In a somewhat related tale, I was digging around on the Snohomish County records and thought I’d share the anonymous history of one of one property I’m researching.

February 2003
Bought for $320,000
Mortgage of $256,000 – 30-year, 80% LTV

May 2003
Acquired a $32,000 HELOC

December 2005
Refinanced to a new 30-year mortgage for $353,180

September 2006
Equity withdrawal to the tune of $40,000 in an additional 15-year mortgage

February 2007
Refinanced to a new mortgage at for $459,000
30-year adjustable-rate fixed for 2 years at 7.625%

February 2008
Notice of Trustee Sale received.
Behind more than $15,000(!) in monthly payments.
$454,955 owed on loan.

September 2008
Foreclosure finalized. Property now bank-owned.
Listed by bank for $400,000.

November 2008
No bites, price lowered to $360,000. Bank now nearly $100k underwater.

Situations just like these have played out and are playing out all across the Puget Sound with surprising frequency. I have seen many, many properties with similar histories in my research.

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