In recent months, the amount of foreclosures filed throughout the country has more than doubled from the same time period last year. The reasons for such high percentage of filings are numerous. Primarily, the sub-prime mortgages have landed in the hands of individuals who most likely did not qualify for convention financing. Thus, the interest rates on the loans remain higher than other conforming loans. Additionally, many of the sub-prime loan products involved adjustable rates (ARMS) which typically re-set within the first few years of the loans inception.
As sub-prime loans relate to Chapter 13, the typical scenario is as follows: The homeowner qualifies for the loan without a substantial down payment and without significant income documentation. The monthly payment is a stretch for the homeowner; however, it is temporarily manageable. Depending upon the type of ARM, the loan may reset in one, two or three years. It is at that point in time that the homeowner may not be able to make the new, higher mortgage payment. The homeowner is also unable to refinance the debt on the property since the type of loan products needed to accomplish that task no longer exists. Thus, the homeowner is in quite a tough situation. The current real estate market would make it nearly impossible for the homeowner to sell the property and pay off the mortgage. Chapter 13, known as the home saver case, would not be practicable in the case of adjusting ARMS.
The idea behind Chapter 13 bankruptcy is to allow a homeowner to catch-up on whatever mortgage arrears have arisen in addition to making the current mortgage payment on time. As rates adjust and loans reset, the homeowner simply cannot make the current mortgage payment, let alone a partial payment to catch-up. The situation is basically a doomsday for both the homeowner and the mortgage company. The homeowner was banking on the ability to make the payments and/or refinance the outstanding debt at a later date. The lack of real estate appreciation has led to the inability on the part of the homeowner to do just that.
What we are likely to see is a large number of homes on the market for sale. Many of the borrowers will file for Chapter 7 bankruptcy and not Chapter 13 bankruptcy. I believe that the market will take five to seven years to begin to show some signs of appreciation. It will be interesting to see if Congress amends the bankruptcy code to allow mortgage debts to be adjusted. If not permanently, then for a short time frame of three to five years.
Sub Prime Mortgage Crisis
For several years Britain has been denying that it is facing the credit crunch that has gripped the financial markets of the United States. While financial institutions collapsed and entire neighborhoods were abandoned to become ghost towns throughout the USA, Britain appeared to dodge the silver bullet and emerge unscathed from the loose lending criteria of the early 2000s.
Bankers rejoiced and Government ministers breathed a sign of relief as the UKs financial institutions remained unharmed and the national repossession rate remained below historically high levels. With no financial disasters to answer for the major players in the UK financial markets were content to repeat to the press their belief that the credit crunch of the US fuelled by sub-prime mortgages and loans was simply not applicable across the pond.
However the repossession rate was rising and slowly but surely more and more home owners and property investors were being pushed towards financial disaster. Many are now falling over the edge into financial oblivion but unlike in the United States many of the UKs financially distressed property owners are buy-to-let investors.
Several years ago the UK was rife with seminars teaching people to invest in almost any type of property they could get their hands on in order to fund their retirements. Working in tandem with the seminar companies were developers offloading record numbers of apartments, sometimes off-plan, as well as surveyors and estate agents heavily exaggerating expected rental income levels. Amateur investors were lead to believe that without a property portfolio they would be living poor in their retirement years and as a consequence they sought to buy as many properties – any properties – they could get their hands on.
The situation was exacerbated by the loose lending criteria of buy-to-let mortgages and the almost criminal concept of a gifted deposit. The same amateur investors, many of whom did not even own their own homes, could forgo saving for a deposit to purchase their investment properties as the buy-to-let mortgage products would fund them by way of a gifted, or fake, deposit.
In order for the gifted deposit to work the property on which the buy-to-let mortgage was to be secured would need to be valued at a price higher than its true market value. For example, if a buy-to-let mortgage product allowed a borrower a 15% gifted deposit, there would be no need for a cash deposit if a property on the market for £85,000 was surveyed at £100,000. The £15,000 difference in the surveyed price and the selling price would act as an artificial deposit that the lender would approve of. In the end the investor would not need to contribute any cash for the deposit.
This situation was, of course, too tempting for thousands of wannabe investors to resist. Unfortunately for them the real value of the property above is closer to the selling price of £85,000 meaning that the property is effectively financed at a loan to value ratio of 100%. Therefore the property has no equity and the buy-to-let mortgage is secured against an overvalued asset. Because there are many thousands of properties with buy-to-let mortgages secured against them in this manner in the UK, a hidden sub-prime mortgage crisis exists that is starting to rear its ugly head as amateur investors can no longer keep up repayments on their over-financed buy-to-let properties.
Both David Siegel & Michael Sterios are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
David Siegel has sinced written about articles on various topics from Dental Practice, Bankruptcy Law and Estate Planning. David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional informat. David Siegel's top article generates over 6600 views. to your Favourites.
Michael Sterios has sinced written about articles on various topics from Internet Marketing, Adverse Credit and Home Improvement. Contact a mortgage broker today for your needs and receive independent advice with. Michael Sterios's top article generates over 165000 views. to your Favourites.
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