RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (Full Version)

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kinkbound -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/16/2010 10:31:01 AM)


quote:

ORIGINAL: mnottertail

A bank that trades heavily in mortgage-backed securities is in trouble if the market for those assets dries up — and it has, and they are — but regular loans are different. So long as a bank intends to sit on them and collect the interest rather than sell them to another company, the government lets that bank use its own secret financial formula to determine the loan values. In short, banks have carte blanche to claim their assets are worth far more than they really are....

Given this long leash, banking executives have naturally inflated the book value of their mortgages. And even as more and more of their customers fail to make payments, bankers have proved reluctant to admit their hubris and take a hit on the balance sheet. Why is that? Well, the government says banks have to keep enough assets on hand to cover their behinds if things go south. So if a bank that has foolishly overextended itself admits it was overvaluing its loan assets all along, it will fall short of this critical regulatory requirement. And when that happens, under the "prompt corrective action" laws enacted after the savings and loan crisis of the 1980s, federal regulators are obliged to invoke the N-word: nationalization.

excerpted from a quick article, cuz I didn't want to type the shit out.


Have a nasty cold, feeling dopey, and having a harder time connecting the dots here today. Let's see if I understand this correctly:

So then as long as the bank is carrying their own paper and not selling their mortgages into the secondary market, they are free to overinflate assets on which they then based their reserves and newly created loans upon.




mnottertail -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/16/2010 10:35:22 AM)

They are probably real fuckin careful with new mortgages now, for the reason that they don't want to sink farther down the rabbit hole, but thats why houses stand empty. 




Hillwilliam -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/16/2010 10:35:46 AM)

On a side note. Buying a home t a foreclosure auction is generally a BAD idea.

1. The indebtedness is almost always more than the home is worth, otherwise, the ex owner could have sold the house and gotten out from under it.

2. As others said. You are buying as-is / where-is with no warranties. Assume that EVERYTHING is wrong.

3. Most importantly. Just because there is a foreclosure auction doesnt mean that lender holding the auction owns the senior note. I worked to sell a foreclosure once that was foreclosed on twice. Once by the Primary mortgee and once by the secondary. Even though the secondary foreclosed first and held the first auction, they did NOT own the house. If a person had been high bidder at that auction ($184,000) they would have owned NOTHING and had NO recourse.

If you ever are tempted to buy property at a foreclosure auction, spend a few hundred bucks and have an attorney look at the title.




Hillwilliam -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/16/2010 10:38:08 AM)

One thing, kinkbound, when banks carry their own paper, they are a HELL of a lot more careful who they loan to.




mnottertail -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/16/2010 10:43:49 AM)

quote:

ORIGINAL: Hillwilliam

One thing, kinkbound, when banks carry their own paper, they are a HELL of a lot more careful who they loan to.


Even if they are looking to peddle the paper, the guys buying the shit are looking real close too, so they don't get tubed again. So everyone is playing ultra clean, gold nuts and prestige credit histories and downstrokes.




Termyn8or -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/17/2010 2:49:04 PM)

"If you ever are tempted to buy property at a foreclosure auction, spend a few hundred bucks and have an attorney look at the title."

Around here there are title insurance companies, one name I remember is Chicago Title I think. They specialize in searching for liens that may be undisclosed. It doesn't require a law degree to do it, just to know how and where to look. There are also escrow companies. However a lawyer is a good idea unless one knows the ropes.

Without escrow there is only one way to buy a house for cash. Right at the title company you pay and get a quit claim right then and there. That's the only way to insure that the seller doesn't go get a loan on it real quick and then stick it to you. In a way you act as your own escrow agent. Then you must file the trasnsfer with the clerk of courts practically immediately.

I heard that there were some problems in FL pertaining to unknown liens, but I can't see how they would get past the title company. Maybe things are different down there, I have only concerned myself with how things are done in OH. Things may have changed even here, but the way it was, once the title company issued what's called a guaranteed deed they were on the hook if any undisclosed liens showed up.

These times may prove troubling for such agencies.

T




Termyn8or -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/17/2010 2:51:15 PM)

"Assume that EVERYTHING is wrong."

Absitively, posulutely agreed.

T




Hillwilliam -> RE: Man Dares Bank To Foreclose Unless They Reverse Bad Fees, Wins (12/17/2010 3:59:21 PM)


quote:

ORIGINAL: Termyn8or

"If you ever are tempted to buy property at a foreclosure auction, spend a few hundred bucks and have an attorney look at the title."

Around here there are title insurance companies, one name I remember is Chicago Title I think. They specialize in searching for liens that may be undisclosed. It doesn't require a law degree to do it, just to know how and where to look. There are also escrow companies. However a lawyer is a good idea unless one knows the ropes.

Without escrow there is only one way to buy a house for cash. Right at the title company you pay and get a quit claim right then and there. That's the only way to insure that the seller doesn't go get a loan on it real quick and then stick it to you. In a way you act as your own escrow agent. Then you must file the trasnsfer with the clerk of courts practically immediately.

I heard that there were some problems in FL pertaining to unknown liens, but I can't see how they would get past the title company. Maybe things are different down there, I have only concerned myself with how things are done in OH. Things may have changed even here, but the way it was, once the title company issued what's called a guaranteed deed they were on the hook if any undisclosed liens showed up.

These times may prove troubling for such agencies.

T

We're saying the same thing term. Title companies are headed by attorneys.

BTW, you might find it difficult to get title insurance on a trustee's deed.

General or special warranty deed, no prob. Trustee's deed... problem.




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