JPMorgan holds up 50,000 foreclosures

On September 30, 2010, by Oliver

JPMorgan Chase has temporarily stopped foreclosing on more than 50,000 homes so it can review documents that might contain errors. This is the second major company to take such action this month. It is possible that this action could stall an already protracted and over-burdened foreclosure process in the short run. If the problems turn up at more of the largest mortgage companies, a foreclosure crisis that’s already likely to drag on for several more years could persist even longer.

GMAC Mortgage LLC last week halted certain evictions and sales of foreclosed homes in 23 states to review those cases. The company said it found procedural errors in some foreclosure affidavits.

Janna Herron and Alan Zibel, AP Real Estate Writers, On Wednesday September 29, 2010, 7:34 pm EDT wrote:

After GMAC’s announcement, attorneys general in California and Connecticut told the company to stop foreclosures in their states until it proves it’s complying with state law. The Ohio attorney general this week asked judges to review GMAC foreclosure cases. And in Florida, the state attorney general is investigating four law firms, two with ties to GMAC, for allegedly providing fraudulent documents in foreclosure cases.

The issue is also gaining attention on Capitol Hill. Last week, Rep. Barney Frank, D-Mass. and two other lawmakers wrote to Fannie Mae, urging the government-controlled mortgage giant to stop working with so-called “foreclosure mill” law firms under investigation for document fraud.

“Why is Fannie Mae using lawyers that are accused of regularly engaging in fraud to kick people out of their homes?” the lawmakers wrote.

A Fannie Mae spokesman said the company is reviewing the issue.

JPMorgan acknowledged Wednesday that its employees signed some affidavits about loan documents without personally verifying the files. These affidavits verifies the accuracy of the loan information, including who owns the mortgage.  JPMorgan spokesman Kelly said the bank believes the information in the affidavits is accurate, and that the affidavits were prepared by “appropriate personnel.”

The bank asked judges not to enter judgments against homeowners facing foreclosure until it completes its review of the problem. JPMorgan expects the process to take a few weeks.

The way mortgages are packaged and sold to many investors as securities can make it hard to determine who has the right to foreclose on a homeowner.

In some states, lenders can foreclose quickly on delinquent mortgage borrowers. But 20 states use a lengthy court process for foreclosures. They require documents to verify information on the mortgage, including who owns it. Florida, New York, New Jersey and Illinois are the biggest states with this process.  Christopher Immel, a Florida lawyer who represents homeowners, said people who already have lost homes could sue their lender, alleging errors in documents.

In August, a judge in Duval County, Fla., ruled that JPMorgan could not foreclose on two homeowners. The reasoning was that Fannie Mae carried the mortgage on its books and JPMorgan Chase only collected payments on the loan. JPMorgan Chase had identified itself as the owner of the loan.

More lawsuits could come soon.  In May, JPMorgan employee Beth Ann Cottrell said in a deposition that she and her staff of eight signed about 18,000 legal documents a month without reviewing every file. In a similar testimony, GMAC employee Jeffrey Stephan said he signed 10,000 documents a month without personally verifying the mortgage information.

“It’s very realistic to believe that this is a standard practice in how they go about foreclosures in certain states,” said Immel, whose law firm took Cottrell’s and Stephan’s depositions.

Zibel contributed to this report from Washington.

VN:F [1.9.2_1090]
Rating: 0.0/10 (0 votes cast)

If you want to buy real estate using your IRA, you will need to open a self-directed IRA. Although banks, insurance companies and brokerages will help you open a self-directed IRA, they generally limit your investment options to the products they sell. To buy real estate you will have to find an independent administrator to serve as trustee or custodian.

Once you find an administrator, they will walk you through the steps needed to set up a self-directed IRA. You can fund your IRA account with new money, or you could transfer some or all of your assets from a traditional IRA.
An IRA custodian holds your assets and performs all IRA functions. IRA custodians charge from $200 a year in fees just to set up your account and hold your money. There may be additional charges every time you want to authorize a check, for example, to pay a repairman. Or you can hire an IRA adviser who’ll set you your self-directed IRA through a custodian, offer advice and attorney consultations and give you more freedom to write checks from your IRA.

Purchasing the property outright is the simplest way but your IRA can invest in real estate through a down payment and subsequent loan as long as the loan is not guaranteed by the IRA owner or any of the “disqualified persons”, and there is enough liquidity to support the mortgage and expenses.

Stay tuned for more on this topic.

VN:F [1.9.2_1090]
Rating: 5.0/10 (1 vote cast)

Should I Wholesale or Retail Flip This House?

On June 23, 2010, by George Patlan

In today’s world of being a real estate investor there is one question you should be asking yourself before you buy any property. Do I wholesale or rehab and retail this properties I am planning on purchasing?  Answering this question before you consider buying every house will help you develop exit strategies and help you to see worst case scenarios that can arise.  In these videos you will hear and see Bob at REItips.com  his view of this question and also get some unique answers from individuals with the same question.

More posts from behind closed doors at the KISS Flipping Intensive I think you’ll enjoy.  It’s kind of a “Part 2″ to the last one where Bob started defining the difference between “Wholesale” vs. “Retail” deals and how he uses the MLS to zero in on them.

Update: After positive feedback, I’ve updated this post with a second (related) video — you’ll see it embedded beneath the first one below.  It basically continues along with the line of thinking from the first clip…

These clips should give you a great idea of just how interactive, intimate and REAL this issue really is for you to understand…

In this first clip, Bob continues clarifying between the two deal models, and goes much deeper into specifically how he determines whether he goes “Wholesale” or full blown “Rehab-to-Retail” on any given deal.  Good stuff.

Bob Norton’s KISS Flipping Intensive — Behind Closed Doors, Part 2:
“Wholesale” vs.
“Retail” Deals…

 

 In the next segment, Bob continues researching MLS “Pending” to zero in on the “sweet spot”…

  • He continues uncovering and assessing an opportunity Market in the MLS…
  • He covers why finding “pending” with low DOM is so crucial to your market analysis…
  • And shares the one sentence in MLS listings that’s a dead giveaway that it’s a flipper.

Bob Norton’s KISS Flipping Intensive — Behind Closed Doors, Part 3:
“Wholesale” vs.
“Retail” Deals, Cont…

So what do you think?  Please post your questions and/or comment below…

VN:F [1.9.2_1090]
Rating: 0.0/10 (0 votes cast)