Fannie, Freddie, & IndyMac: What’s up, what’s down, & what to do

(7/12/08, 11 p.m.) I’ve been selling Los Angeles and Orange County real estate for 28 years. I’ve seen conforming loans at 18% in the early 80’s, S & L failures of the late 80’s and massive job losses in the early 90’s but I’ve never seen anything quite like the ongoing drama that’s unfolding before our eyes.

After working through the weekend, the Federal Reserve and the U.S. Treasury announced late Sunday a series of moves designed to show strong support for the two semi-private bulwarks of U.S. mortgages. (Details here.)

This is more of a reaction to the housing and mortgage mess than any real solution. They’re not stopping the bleeding–just trying to keep it from increasing at an even faster rate.

In the short run Sunday’s actions keep the collapse in housing values from accelerating even more. Over the longer term they may actually reduce interest rates, and actually slow the ongoing downward cycle.

How We Got To This Point:

In our humble opinion the current mortgage and housing mess was caused by a combination of:

1. Excessive stimulus by the Fed after 9/11 at a time when the housing prices appeared to be heading towards a correction. (Essentially, interest rates were dropped and housing was used to keep the economy from crashing, possibly a wise move in view of the circumstances.)
2. The Fed delaying too long in raising rates, further prolonging the boom.
3. Perversely, fixed mortgage rates staying low when the Fed finally began raising the overnight rates they control, because long-bond investors sensed a downturn would result from the Fed rate increases.
4. The creation of unique but poorly designed and highly risky “sub prime” loans further extending the bubble. 4. (For a more detailed explanation, see “How we got into this mess.”)

The end result was a nightmare combination of extremely overvalued homes that were 100% financed or refinanced to shakey borrowers. Did I mention that many of the loans were written at ridiculously low “teaser” interest rates, which are now doubling, tripling, or worse.

All bubbles eventually burst, but the longer they last the further they must fall. Many of these loans, however, were based on the false premise that “real estate always goes up.” When the market stopped moving up, millions of serial refinancers had no place to turn, and the foreclosure parade began.

Eventually, prices dropped so low that even “prime” borrowers who put 20% down found out that they were upside down, which is how even Fannie and Freddie’s best loans began defaulting.

How’s that? The typical cost of selling a home is around 8 – 12% of a home’s value. That includes fees, escrow or closing, commissions, title insurance, termite, repairs, and, in this market, points for the buyer. Even without negative amortization, a 20% down borrower can’t break even after just a 10% decline in value. We’ve now passed a 25% decline in many Southern California markets. That doesn’t mean a borrowers with a fixed loan and good credit will defalut. . . . until one of them loses their job, or they get divorced, or have to relocate. Then they can’t sell the home, so their options are dramatically reduced. (For some of the options they still have, see “Trouble making your mortgage payment? 7 ways to get back on track“)

So, the lower prices go, the more people get in trouble, and the lower prices go, and the more people get in trouble, and the lower prices go. . . .

All of which makes investors very nervous about mortgage backed securities. Which makes it harder to qualify for mortgages, and also makes them more expensive. And which also makes it hard for Fannie Mae and Freddie Mac to sell their mortgage-backed securities. Which makes mortgages even harder to get and even more expensive. All of which makes prices go even lower.

That’s the vicious downward spiral we’re now in. That’s why I’ve been screaming that we desperately need the Federal Mortgage Act (bailout bill) that the Senate finally passed on Friday. (See “Better than I thought: Taxpayer protections in the “bailout” bill.”)

What the government did over the weekend was to take steps to simply keep solvent Fannie and Freddie, the guarantors of up to 80% of the mortgages now being originated. (Most of the other 20% are backed by the FHA or VA, although some S & Ls still “portfolio” or keep some of the loans they originate, rather than selling them off via Fannie, Freddie or FHA.)

The fall of IndyMac Bank, the third largest bank failure in U.S. history (in terms of dollars, but probably not adjusted for inflation), added further emphasis to the need for help.

So What’s Next?

The strong activity from buyers this year into summer gives good evidence that, even with rising interest rates and hard-to-get loans, prices have corrected enough to bring back buyers. But the ongoing flood of foreclosures expected well into 2009 will eventually swamp the limited pool of buyers, especially as we move out of the peak buying season. (See “Predictions 101: Our 2 market cycles“)

The weekend’s federal actions will at least keep the mortgage pipeline open, but it doesn’t solve the underlying problems. The Foreclosure relief bill will probably be fast tracked, but it will only help a limited number of borrowers. It will put a dent in the problem, but it won’t even come close to solving it.

Ongoing job losses in housing, finance, construction, home furnishings combined with auto industry problems and the huge losses being absorbed by investors don’t bode well for the future either.

(If you’re a homeowner or investor and are starting to feel a little like the Biblical patriarch, Job, you might appreciate my Pastor’s thoughts on the topic. For me, it helps keep things in perspective.)

We’ve been predicting further declines through this winter and possibly for another year or two. But, as we’ve been saying since November (See “How low will prices go?“), there are so many variables in play that nobody can predict what’s ahead with certainty. (Were you expecting this spring’s dramatic gas price rise?)

Bottom line: today’s prices are great, but they may be going lower. Maybe a lot lower. But there’s no way to know it’s hit bottom in advance. Because nobody really knows what’s ahead.

So you want to know”What to do when nobody knows what’s next.” Well, we already wrote that post, and it’s just a click away.

Note to potential sellers: The market has not died yet, and we have been consistently selling our listings in under 30 days by a combination of aggressive marketing, preparation, staging and negotiating plus accurate pricing. No, they’re not foreclosures, either. For details, check out “How to sell your So Cal home for top dollar in 30 days.” It could be a long time before prices return to today’s levels.

Buyers Southern California prices are expected to drop over the next 5 months and possibly for a lot longer, but you should also consider your personal situation and potentially rising interest rates. One thing’s for sure, if you buy today you’ll be paying a lot less than you would have a year ago! In any case, now’s definitely the time to start saving a down payment & get your finances in order, so you’ll be ready when you decide the time is right. Don’t run out and overspend on a car because you’re not buying a home.

For years I’ve been advising buyers to buy in November or December, but almost nobody has the time then–which is why it’s a great market for buyers. (For more thoughts for buyers see “Time to buy?“)

What we think needs to be done

Here’s where I’m taking an unexpected turn. The root problem became abundantly clear as gas prices rose this spring.

Because of our huge trade deficit, the U.S. is essentially becoming a third world nation, watching while Arab shieks buy up everything from Rancho Santa Fe horse property to the Chrysler building. And our oil dollars finance Al Queda, Hamas, and Iran’s nuclear program!

Meanwhile, we’re sitting on more untapped petroleum reserves than any other nation on the planet. I say it’s time to carefully open up offshore and Alaskan areas to oil drilling, but with a difference. As I understand it, current law allows oil companies remove oil from federal lands for free. I’ll bet Iran & Saudi Arabia don’t do that!

So I say, charge oil companies fair market for the oil they remove from our lands, but split that money between paying down the federal deficit and developing renewable energy sources. Let’s make the U.S. the number one source of clean petroleum alternatives.

Can you imagine the number of good jobs that would create, and the stimulus to our economy?

That’s what I think–& we’re eager to hear your thoughts!

So Cal Defaults Up Again & What It Means

Default Research, Inc. has posted their California county by county foreclosure numbers for March, and So Cal county numbers are pretty much up across the board to the highest numbers yet for the current downturn.

This report is made up primarily of Notice of Defaults (NODs), the first step in the 4 month foreclosure process. It sounds like the number of bank owned (REO) homes coming on the market will continue to increase well into fall throughout Southern California.

Bear in mind that filing for bankruptcy can add several months to that 4 month process, and additional time is required by the lender to gain occupancy and then make any needed repairs. So these NODs reported for March will be coming on the market as REOs no earlier than July, and well into fall. Of course, not all NOD properties end up foreclosed. (For tips on buying foreclosures, click here: “Foreclosure Tips.”)

But there’s a big “if.” One of the unknowns is what will end up in the Housing Relief Act currently working it’s way through Congress. If Congress gets it right, that could dramatically reduce the number of homes actually taken back by the banks.

We’re hoping Congress and/or the lenders come up with a reasonable program to allow qualified owners to hold onto their homes, but we’re not exactly holding our breath, either. We think debt relief for qualified buyers primarily provided by their lender in exchange for concessions by Congress and the borrower could significantly mitigate the impact of all these foreclosures on the market, but I’m starting to sound like Bernanke, which is really scary!

So I’ll leave what Congress might do for another post, except to say two things:

1. Some home owners who bought with subprime 100% liar loans that really have no business owning property.
2. We are at some risk of another Great Depression caused by the current crisis, and if some unworthy homeowners and lenders are helped in the process of saving the rest of us, so be it. When my lifeboat’s sinking, I prefer to focus on bailing it out rather than arguing about who got us into the mess. “Blessed are the merciful. . . ” wasn’t my idea, but it saves a lot of grief in the long run.

Bottom line: Looks like the bottom for prices is still a ways off, maybe a long ways. Like Freddie Mac’s Chief Economist told us last October, we’re in uncharted territory, and nobody really knows what’s going to happen next (see “How Low Will Prices Go?“).

That said, we’re still sticking to our best guess that prices are most likely to hit bottom either this December or next (see our most recent projections post, “A Change in Our Projections?”

BTW, this market is troubled, but not dead. We just put our last listing into escrow in 3 days last week. Like we keep saying, it’s not rocket science (see “How to Sell Your So Cal Home for Top Dollar in 30 Days“).

Default Research uses actual visits to the court houses to collect their data, which should make it more accurate and more timely than most other foreclosure reporting services. If you want to look directly at their charts for every county in California going back to 2006, just click here. We also have a direct link to their “California N.O.D. (Foreclosure) Stats” under “Great Links” near the top of our right sidebar.

You will see each Southern California county had a new record for NODs in March, with one anomaly. Most lenders do not file NODs over the Christmas holiday period. (I’ve been told that’s because lenders really aren’t total Scrooges, but I suspect it may also be because they take some time off then.) So you will notice NODs were down about 50% across the board for December, but up about 50% for January. That’s why some counties show higher numbers for January than for March–but not if you average the two winter months.

Stay tuned for more breaking news as our adventure in So Cal real estate continues. . . .

A Change in Our Projections?

April 10 update: In the week since writing this post, the roller coaster ride of hopeful and negative news has continued unabated.

One thing that concerns us is this week’s release of California’s Foreclosure stats for March, however (see “So Cal Defaults Up Again & What it Means”). has got us reconsidering. But there are a couple hopeful possibilities we’re also keeping our eyes on. We’re watching to see what Congress might do next, and keeping another eye on the ever-surprising Fed.

So stay tuned for further developments. In the meantime, we still think this is as accurate a description of where we’re at & where we’re going as we can write. For now.

We concluded our last post (“Two Problems with DataQuick’s Median Prices,” with our observation that the actual drop in So Cal home values from top to current bottom is about 25 – 30% (less in higher end areas, more in condos, starter areas, and areas with lots of new construction).

The obvious question is, “How Much More Should So Cal Prices Have to Correct?”

25 – 30% may well be about the right amount of correcting–nobody knows for sure, as we keep saying (see “How Low will Prices Go?“).

But the market will almost certainly overcorrect, especially with all the current negativity, all the foreclosures still in process, and the difficulties getting mortgages continuing.

Ben Bernanke, the Fed Chairman, thinks governmental actions already in place will begin to kick in later this year, and things will slowly begin improving from there. He hopes, but he’s not sure. (See “Bernanke predicts bottom later this year” for excerpts from his Wednesday testimony with our English “translation”/summaries.) Remember, however, that part of his job seems to be keeping an optimistic spin going.

But UC San Diego’s Nobel Prize winning economist, Clive Granger, thinks the U.S. economy has already been in a recession for about four months. He expects the current recession to last an additional 2-6 months, depending on what occurs in the housing and financial markets. Like Bernanke, that puts the bottom later this year.

Slightly more pessimistic is Freddie Mac Chief Economist Frank Nothaft. (He was also the panelist from last October’s CAR Expo who formed the basis for our belief that nobody knows what will happen next with his remarks that “we’re in uncharted territory.”) (Obviously, that belief hasn’t stopped us from making our best guesses at what’s next.)

Maybe Dr. Nothaft now thinks the picture’s becoming a bit clearer. Last week he told a lunch audience that he expects that life should begin to return to the housing sector late this year or early next but says prices may not recover significantly until 2010.

Then this morning DataQuick released figures for OC showing prices were still dropping but sales volume is continuing to rise, as we’ve been predicting (see the Register’s R.E. blog for details). (Also bear in mind what we said yesterday about DataQuick’s numbers being several months behind, among other things.

Then this afternoon the Register blog put up another post quoting a South OC Realtor who does a lot of number crunching saying what we basically said a month ago, that activity’s picking up.

Now remember what we said about those two So Cal real estate market cycles on Wednesday. Annual cycle: up in the spring, down in the fall. Add in these predictions that the economic cycle may be nearing a bottom, and what do you get? Could it be we’ll hit bottom this winter, not a year later as we had been thinking?

Maybe, but what about today’s increase in unemployment to 5.1%, with economists particularly worried because the drop was so broadspread, no longer limited to housing and construction.

This morning I spoke with one broker I’ve known for 30 years about activity in his office. Yeah, he said, sales (opening of escrows) were up in February, but then they dropped a bit in March, and the last few weeks have been especially slow. The March slowdown he attributed to actual competition for houses, citing one agent who had presented 8 offers for one buyer who needed help with closing costs. There were enough competing offers and enough buyer activity that the sellers were no longer making those concessions.

The cause of the slowdown over the last two weeks , however, was harder to figure out. “Dave, there’s just so many cross currents,” he told me. “The market’s just in flux.”

That flux may mean that we’re nearing a bottom. Or it may mean the mini-upturn we saw in February and March is turning down.

Or it may just mean it’s still too early to tell what’s going on.

This post was intended to update our projections. So I looked up our most recent forecasting post, March 24’s “What’s Next for Southern California Housing.”

Here’s what we said in summary back then:

“We continue to expect a window of opportunity for sellers for the next several months, followed by opportunities for buyers through this winter. We still thing there’s a significant chance (20%?) of a major price collapse of an additional 15 – 25% , but there’s also a possibility that the worst is behind us.”

“Sorry the picture isn’t clearer, but we’d rather tell you the truth than make something. up”

Looks like there’s not a whole lot to update, although there are some things I might tweak:

• That window of opportunity for sellers may already be starting to close.
• An additional price decline of 5% – 10% through this winter is probably the most likely scenario, but by no means a certainty.
• There’s a significant possibility that the market will bottom this winter, but it’s still to early to really know.
• There’s also evidence that real estate’s woes may spread through the economy and pull prices down much further, into a recession that might last for years.
• Washington is becoming increasingly proactive, which could be good. . . or bad, depending on what specific steps are taken.
• One thing hasn’t changed at all:

Sorry the picture isn’t clearer, but we’d rather tell you the truth than make something up.

What to do? Guess it’s time to again refer to our December 1 post, “What to do when nobody knows what’s next.”

Sorry the picture isn’t clearer, but we’d rather tell you the truth than make something up.

We’d love to hear your thoughts, especially what you see happening in your corner of So Cal.

April 10 note: As of this morning, we’re beginning to think the bottom’s probably at least 20 months off, rather than the 8 we’ve been hoping for recently. Those foreclosure stats we mentioned really have us concerned, but we may be overreacting to one item. Because you never know for sure what’s going to happen next!

Bernanke Predicts Bottom Later This Year!?

Excerpts from his prepared remarks to Congress today, with my attempts at decoding and summarizing in italics preceding each segment:

We’re not out of the woods yet:

Although our recent actions appear to have helped stabilize the situation somewhat, financial markets remain under considerable stress. Pressures in short-term bank funding markets, which had abated somewhat beginning late last year, have increased once again.

It’s harder to get any loan because of all the losses due to the mortgage mess:

Credit availability has also been restricted because some large financial institutions, including some commercial and investment banks and the government-sponsored enterprises (GSEs), have reported substantial losses and writedowns, reducing their available capital. Several of these firms have been able to raise fresh capital to offset at least some of those losses, and others are in the process of doing so. However, financial institutions’ balance sheets have also expanded, as banks and other institutions have taken on their balance sheets various assets that can no longer be financed on a standalone basis. Thus, the capacity and willingness of some large institutions to extend new credit remains limited.

Even “conforming” loans (Fannie Mae & Freddie Mac) have gotten pricier, and non conforming loans are almost non existent:

Another market that had previously been largely exempt from disruptions was that for mortgage-backed securities (MBS) issued by government agencies. However, beginning in mid-February, worsening liquidity conditions and reports of losses at the GSEs, Fannie Mae and Freddie Mac, caused the spread of agency MBS yields over the yields on comparable Treasury securities to rise sharply. Together with the increased fees imposed by the GSEs, the rise in this spread resulted in higher interest rates on conforming mortgages. More recently, agency MBS spreads and conforming mortgage rates have retraced part of this increase, and conforming mortgages continue to be readily available to households. However, for the most part, the nonconforming segment of the mortgage market continues to function poorly.

The housing market remains weak, and that’s hurting everyone:

These developments in financial markets–which themselves reflect, in part, greater concerns about housing and the economic outlook more generally–have weighed on real economic activity. Notably, in the housing market, sales of both new and existing homes have generally continued weak, partly as a result of the reduced availability of mortgage credit, and home prices have continued to fall.¹ Starts of new single-family homes declined an additional 7 percent in February, bringing the cumulative decline since the early 2006 peak in single-family starts to more than 60 percent. Residential construction is likely to contract somewhat further in coming quarters as builders try to reduce their high inventories of unsold new homes.

Things are worse than we thought, but we think they’ll start getting better later this year. But nobody really knows. [We've been telling you that since November!]

Overall, the near-term economic outlook has weakened relative to the projections released by the Federal Open Market Committee (FOMC) at the end of January. It now appears likely that real gross domestic product (GDP) will not grow much, if at all, over the first half of 2008 and could even contract slightly. We expect economic activity to strengthen in the second half of the year, in part as the result of stimulative monetary and fiscal policies; and growth is expected to proceed at or a little above its sustainable pace in 2009, bolstered by a stabilization of housing activity, albeit at low levels, and gradually improving financial conditions. However, in light of the recent turbulence in financial markets, the uncertainty attending this forecast is quite high and the risks remain to the downside.

We think inflation will start dropping later this year, but we’re not really sure about that either:

We expect inflation to moderate in coming quarters. That expectation is based, in part, on futures markets’ indications of a leveling out of prices for oil and other commodities, and it is consistent with our projection that global growth–and thus the demand for commodities–will slow somewhat during this period. And, as I noted, we project an easing of pressures on resource utilization. However, some indicators of inflation expectations have risen, and, overall, uncertainty about the inflation outlook has increased. It will be necessary to continue to monitor inflation developments carefully in the months ahead.

We think we’re finally on the right track, and expect to turn a corner during the second half of this year. (“Things will turn out fine in 2009?”)

Clearly, the U.S. economy is going through a very difficult period. But among the great strengths of our economy is its ability to adapt and to respond to diverse challenges. Much necessary economic and financial adjustment has already taken place, and monetary and fiscal policies are in train that should support a return to growth in the second half of this year and next year. I remain confident in our economy’s long-term prospects.

At least, that’s what I think he said. Click here for Bernanke’s complete prepared text.

Click here for the L.A. Times’ report on Bernanke’s remarks.

And feel free to use the “comment” option to express your opinion, but in relatively polite language, please.

We sure hope he’s right. Could be.