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 REO Shadow Inventory - Myth or Reality?

Created by:
Richard Park, Licensed Real Estate Agent,  Tempe,  AZ

Date: October 23, Number of Replies: 27


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For months I have been hearing that there is a huge amount of homes that have either been foreclosed by the bank and are not being released to the market, or they are not yet foreclosed but the bank is holding off on completing the foreclosure for some reason. At least once or twice a week I receive an email from some REO school indicating that the "Shadow Inventory" is about to hit... I have heard local REO agents state that most of the REO agent teams are beefing up their staffs to handle the huge wave that is about to come upon us. The other day someone told me that there are over 750,000 foreclosed homes that have not been released into the market.

Then there are those that say that there really is not a big buildup of shadow inventory at all, and some will even show numbers that purportedly support this.

In our area (Arizona) the number of REO properties is way down, and most REO agents report that the REO listings are now just trickling in to them.

Is the existance of a huge "Shadow inventory" just a myth? Is there collusion among the banks to keep the properties off the market for some reason? Or are we about to be flooded with REO inventory?

Anybody out there have any verifiable information as to what is really going on?

Richard Park
John Hall & Associates
Tempe, AZ

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Steele Propp Licensed Real Estate Agent,  Minneapolis,  MN

Date: October 23

Is the existance of a huge "Shadow inventory" just a myth? Is there collusion among the banks to keep the properties off the market for some reason? Or are we about to be flooded with REO inventory?

Anybody out there have any verifiable information as to what is really going on?

Watch the number of sheriff sales going on and match against the number of REOs coming onto the market. I do and believe me there is a shadow market out there. Now some might get trimmed down by short sales and some even by belated loan mods but the majority will come into inventory.
It's weird because REOs are selling so well right now. If they are trying to ease the surplus into the market they have missed the boat again. First they dumped too fast and now the drip too slow.
Unless the banks are simply abandoning them. Which I don't believe they can once they foreclose.
Steele

Steele V. Propp
Certified Distressed Property Expert
Bank Owned Property Division
Schatz Group Real Estate
1009 Mainstreet
Minneapolis, MN 55343
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Susie Axt Licensed Real Estate Broker,  Murrells Inlet,  SC

Date: October 25

In my area of Myrtle Beach, SC (a huge second home and investor market, past and present) the number of foreclosures appears to be rising. I am a buyer's agent primarily. As I understand in SC, the bank sends a first notice of foreclosure to the property owner. If the owner doesn't satisfy the steps necessary to avoid foreclosure, a foreclosure notice of sale is served. Both of these notices are recorded at our county courthouse and a public record. I pay a person a reasonable fee and they email me a list every week of new notifications recorded at the courthouse. It also includes properties scheduled to go to the public auction at the county courthouse, first Monday of every month. After the auction, the report includes what sold, who bought it and for how much.

I track my niche, ocean front condos, and see that what isn't bought at the courthouse usually appears in our MLS in 1 week to 30 days. I haven't seen a large amount of properties that become REO at the auction NOT show up in the MLS relatively soon. I have to draw the conclusion that here in Myrtle Beach I am not seeing any hold back of REO properties on the oceanfront.

Susie Axt, Owner/BIC
Certified Resort & Second Home Specialist
Bluewater Properties Myrtle Beach, SC 29578
Cell 843-602-3862 Office 866-308-5788
Fax 866-655-8357
WWW.MyrtleBeachDreaming.com
TURNING YOUR DREAMS INTO REALITY
epro best


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Gene Carey Licensed Real Estate Broker,  IL

Date: October 25

"I haven't seen a large amount of properties that become REO at the auction
NOT show up in the MLS relatively soon. I have to draw the conclusion that
here in Myrtle Beach I am not seeing any hold back of REO properties on the
oceanfront"

My interpretation of 'Shadow Inventory" is the inventory that has NOT been
foreclosed on due to a number of reasons. Mainly, that there are not enough
Federal judges to handle the number, therefore the lenders are allowing the
defaulting homeowner to remain in the home with the understanding that they
will continue to maintain it and keep the utilities on. Rather than take the
final step, it is cheaper in the long run to let a family that has fallen
behind to remain in the property than it is to have it sit vacant and deal
with vandalism and frozen pipes. The lenders have nothing to gain by
flooding the market with even more foreclosures but have everything to gain
by putting new ones on the market to replace those that have sold.
Additional 'Shadow Inventory" is the homeowners who are reading the news,
seeing announcements that sales are up 9% with prices climbing as well, and
deciding that it is now time for THEM to put their property back on the
market.

Gene Carey
www.ShowcaseYourHome.com

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Robert King Licensed Real Estate Broker,  Saint Petersburg,  FL

Date: October 26

the question on every agents mind:

"Is the existance of a huge "Shadow inventory" just a myth? Is there collusion among the banks to keep the properties off the market for some reason? Or are we about to be flooded with REO inventory?"

It all boils down to whom you talk too. As you've obviously found out. The first thing you have to ask yourself, why would it be ((((shadow inventory))) That sounds so conspiratorial if you ask me. As if the banks were attempting to take over the real estate industry. Haven't we all heard that one before? So if that is true then that explains why they made the shady loans in the first place, right? I contend that this real estate melt down was nothing more than a "will planned" organized assault on John Q Public from the get go. . Think about it for a second. The Banks and the Government.are the biggest beneficiaries of all the misery and plight we find ourselves in. Do we all remember the first 700 billion dollar bail-out by the former President? Now take into consideration the second 700+ billion bail-out by the current sitting President. Was this a bail out or a pay back. It seems to me the only winners were the banks who had all those mortgage backed securities that were not showing enough profit in the 401s and IRAs. So what's the problem, why all the foreclosures? If the lenders (investors) got bailed out, AND THEY DID!!! Then why foreclose the properties? The only recipients of the bail-out, or what ever you want to call it, were the BANKS and their high rolling securities investors. And who provided that money? Why it was Government elected Representatives who appointed experts in the field of economics to show us the way out of this economic nightmare. The only problem the banks have is finding credit worthy borrowers. So here we go again but this time it's all in the name of "economic stimulation" and finding gullible buyers who haven't owned a home in the past 3 years who are obviously broke and don't have any money other than the possibility of a tax credit because they pay so much in taxes. So maybe it's a good idea that the banks who are now the deed holders hold off until the economy turns around? Or we can wait for the wealthy to pay up their fair share of taxes revenues that are going to be redistributed in the name of the "Unaffordable Crowd". Savvy buyers know that buying depreciating real estate is not a good investment until the market turns. That's like going long on a stock while all the indicators show the market declining. The Banks have been bought off so they have no compelling reason to unload their worthless property. Most of the people I know that have purchased in the last 3 years are NOT HAPPY even though they purchased at what would have been considered a premium buy with low interest rates, especially will located properties. We will never find a market bottom or a shadow of turning until we find buyers who have job security, credibility, cash for closing and down payment. The 100% interest only ARM financing makes no since in a downward market! And every tax credit is nothing more than taxes that are being redistributed to those who can't afford a home, at least in the last 3 years. Generally in the past Real Estate Recovery was the first indicator of a turn around in a recession. Unfortunately the reason we are in a recession is because of Real Estate not in-spite of Real Estate. People have always bought Real Estate because it provided two fundamental benefits that no other investment could provide regardless of your net worth. 1) A place to keep your stuff. 2) A place to build equity (investment) NOT IN THE PAST 3 YEARS. Real Estate eventually goes up in value over time, even during down times real estate was always stable enough to turn the economy around within an 18 month cycle. From 1980-2000 the average 30 year loan was in the double digits (10-12% range). It wasn't until the Fed started lowering the prime to unrealistic lows that created the buying frenzy that started just after 911. (single digits 9-6%) By 2005 the $200k home that sold in 2000 was selling for more than $500k. Unfortunately most of those loans on those 2000 sales were hovering in the 10% 30 year fixed rate category. In 2005 the average loan was just under 5% with many in the lower fives with with ARMs and 100% financing. These low interest rates didn't happen because the people demanded it! This happened because of irresponsible people at the Federal level wanted to create an environment of security all being fueled by the "rights to home ownership" organizations that pressured lenders and mortgage companies to comply with lower rates (affordable) plus lower lending standards OR ELSE!! Ask any banker out there. They'll tell you, either they placed the loans or they were out of business! Don't ask don't tell was the lending policy. If it was good enough for the Military it was good enough for the Banking Industry. But Real Estate being the massive industry that it is never felt the decline until almost the end of 2006. The actual melt down had begun in mid 2005. Everybody believed it couldn't happen to them, during which time the Government kept telling us everything was OK. But they were wrong. Couldn't they see the declining number of sales during 2006 compared to 2005? All being fueled by lower offers? Buyers were beginning to see the picture and by mid 2007 it was way to late to do anything about it.

Are there people out there that still think this was all an accident and nobody had a clue? This current situation we find ourselves in is nothing more than the results of 500 or so people in Washington who claim to represent our best interest, but they didn't seem to know, right? Meanwhile we elected them and they spend our money to prop up the Transportation Industry (automobiles), Insurance Industry (AIG the insurance company for mortgage back securities and mortgages in general), Banking Industry (Federal Reserve System) Now they plan to stake a claim on our Unaffordable Health Industry. How are they going to do all this? The old fashion way TAX and SPEND. It all starts with UN AFFORDABILITY then it moves to Government Intervention on behalf of the all the "have nots" and unfairness of the wealthy who get all the tax breaks! Haven't we all heard this chorus? We've been hearing it since the Great Depression. When has anything ever been AFFORDABLE in life. I remember when the Gas Embargo of the 70s was going to destroy Detroit, almost did but not because we couldn't afford it. It was because the Government couldn't afford to pay for all it's "problem solving: programs that were generated through the Great Society of the 60s generation. America had gotten drunk on the freedom of transportation and at the same time the Government needed a cash cow what better cash cow than emission control for our own good. Doesn't any of this today, sound like the same old music of yesterday but with a more hip beat (((environmentalism)))). Why is there always a catastrophic situation happening that is always going to be fixed by of some will intended bleeding heart representative out of Washington who claims to have experts looking out for our best interest and the global community at large. If we all want to discuss "affordability" lets discuss a Government that we obviously can't afford. I think if we continue on this New Normal we may become the next Lost Society. Shadow Inventory, I DON'T THINK SO! 'MANIPULATED'. Perhaps!

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Mark Jay Information Technology,  Brookfield,  WI

Date: October 26

Gene Carey writes:

My interpretation of 'Shadow Inventory" is the inventory that has NOT been foreclosed on due to a number of reasons. Mainly, that there are not enough Federal judges to handle the number, therefore the lenders are allowing the defaulting homeowner to remain in the home with the understanding that they will continue to maintain it and keep the utilities on. Rather than take the final step, it is cheaper in the long run to let a family that has fallen behind to remain in the property than it is to have it sit vacant and deal with vandalism and frozen pipes.

The lenders have nothing to gain by flooding the market with even more foreclosures but have everything to gain by putting new ones on the market to replace those that have sold. Additional 'Shadow Inventory" is the homeowners who are reading the news, seeing announcements that sales are up 9% with prices climbing as well, and deciding that it is now time for THEM to put their property back on the market.

Mark Jay comments:

Let's get back to first principles…. All real estate is local. So what's happening in one area may not be happening in another area. The first example of this characteristic is "…not enough federal judges to handle the number [of foreclosures]…." It is extremely rare across America for a foreclosure action to be filed in federal court. Apparently in northern Illinois, where Gene operates, foreclosure actions in federal court are more common probably because of the cost of the sale after entry of judgment is less if the federal marshal service does it instead of the county sheriff's. Consider this authority http://www.firstam.com/content.cfm?id=2842

I would guess that in only the rarest circumstances foreclosures are contested. Most foreclosures are default judgments. The mortgagee's attorney shows up with his "paperwork" in order. The borrower hasn't made payments for 3 to 6 months and doesn't show up. The Circuit Court judge signs the order and it's over. The property goes to sheriff's sale after whatever statutory redemption period passes and the file goes back to court for the judge to sign the "confirmation of sale" order. The total time for these proceedings doesn't take more than 5 minutes. In many areas of the country, there are law firms that specialize in mortgagee representation and they show up in court with a hand truck containing boxes of foreclosure case files and these cases are disposed of in seconds rather than minutes. Imagine 200 foreclosures on the court's calendar and maybe 3 people show up. …and those 3 people better have documentation or they just get rolled over. The judge will listen because these defendants are voters… that's a little cynical… more likely the judge listens because these defendants are in a difficult situation and the judge takes a little time to lend a sympathetic ear before ruling for the mortgagee making SURE the borrower truly is in default.

If there IS any "shadow inventory"… and shouldn't we define that term a little better… it is simply the result of a large volume of cases moving through a system not staffed for that volume.

I can't imagine a lender permitting mortgagors/borrowers to remain in possession. Too much liability. Does everyone get exactly the same amount of "forbearance"? Is there a process in place that assures the forbearance process doesn't inadvertently contain any discriminatory aspects? Do non-whites get to stay longer than whites? Who tracks that? Do large loan to value borrowers get less time than low loan to value borrowers? Do non-occupants get to continue to collect rents without making payments? Do you really think that "a family that has fallen behind… will continue to maintain…" the property? How about when that "family" is a family of non-owner occupying landlords? Can you discriminate against non-owner occupants with your "forbearance"? No, I don't think lenders are "holding off"… I believe that systems are simply overwhelmed with the volume.

Lastly, I don't see … "'Shadow Inventory' is the homeowners who are reading the news,…" as a phenomena either… but again all markets are local and maybe Gene sees something in his market that I don't see in mine. What I DO see is a lot of first time home buyers "going for it" because of the $8,000 tax credit. Certainly some of those sellers now get to buy something more expensive. I'm not seeing or hearing about consumers thinking this is a good time to sell and buy on a discretionary basis… still too much uncertainty for that.

I believe that when the First Time Home Buyer's Tax Credit goes away we'll resume the slump in transaction volume… that combined with the seasonal drop off due to weather in the upper Midwest and other areas with a seasonal drop off will result in more downward trend reporting which will fuel another round of "wait and see" on the part of consumers.

We're not out of this thing yet… not by a long shot!

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Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: October 26

Right, I do not see any of the situations here in Houston that Gene described. I've never seen a defaulting loan be allowed to remain in the house... although some are led down the primrose path, led to believe that the bank might be sympathetic and let them restructure their loan, which if they have just lost their employment, and are job-hunting, the banks won't do. They are often very surprised when the foreclosure happens, because they thought the bank was "working with them", when in fact, the bank was just gathering intel.

The definition of "Shadow Inventory", as I understand it, means the homes that the lenders are sitting on, so as not to flood a nghbrhd where they already have several REOs..... not other banks' REOS, just their own.... AND
properties that are deep into the REO pipeline, but not yet for sale.

While doing BPOs, in certain recently constructed subdivisions, I do see quite a few abandoned homes with shaggy yards that seem to be somewhere in the foreclosure process. These are usually what is called an REO-driven nghbrhd, where maybe 80% of all sales are REOs, and maybe 50% of listings are REOs. Whether the banks are sitting on it, or finalizing the procedure, is anyone's guess.... and presumable that's why the question was asked, to see if any of the REO agents are aware of an actual instance of a lender withholding an REO from being placed on the market.

Personally, I don't think inventory is being withheld, here. I do "interior reports" on many homes that have obviously been very recentlly vacated. The banks just throw them on the market as fast as they can, because we have lots of investor-buyers, and the banks simply want to get these properties off the books.

To withhold inventory, the banks would have to CARE about revenue. They don't. They are underpricing most all REO listings to Below Bargain Prices to ensure a quick sale. They want a contract within 30days, and even better within 7 days.

With all the shaggy-looking abandoned houses I see, this is the Shadow Inventory that will soon be hitting the market... but again, only in certain areas, and NOT typical of Houston overall. Many nghbrhds are very healthy, and do NOT need to be listed at Below Bargain Prices, but the banks don't seem to be advised of that, or else, they just don't don't care.

Lindy in Houston

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Tom Scheu Licensed Real Estate Broker,  Downers Grove,  IL

Date: October 26

Very nice letters Robert in St. Petersburg, Lindy in Houston, and Mark Jay in Brookfield WI. I live in the Chicago suburbs and I question Gene's claim of Shadow Inventory due to a shortage of judges. We have a huge REO inventory, and foreclosures entering the market are increasing faster than the banks can dump their REO inventory. With current lending policies, only qualified buyers are buying, and there are not enough qualified buyers to absorb the available inventory at the current prices. I do not want to over-simplify the housing crisis, but supply and demand is one irrefutable law.
Government is not the solution, it is the problem. Can government do things to help solve the problem? Yes, but more often they harm than help society. The $8000 First Time Homebuyer tax credit is simply an inefficient and corrupted transfer of money from taxpayers to 1st time homebuyers and tax cheats. Among the many thieves who stole from the taxpayers are 53 IRS employees that claimed the $8000 tax credit despite not qualifying for it. This is just another example of a government program resulting in waste, fraud, and abuse. As a Realtor, I appreciate the favoritism to subsidize buyers. This modestly helps increase demand. From an economic standpoint, it just disrupts an efficient marketplace.
The economy operates in cycles, and the American economy will recover in time despite President Obama's economically flawed programs. President Bush's $700B bailout and President Obama's Economic Stimulus and Recovery Act rushed into law and jammed down our throats both were economic disasters. Do you remember President Clinton's campaign slogan in 1980? "It's the economy stupid". Historically 70% of job creation is from small businesses. Obama's actions, and even worse his rhetoric, have severely impeded small business growth. The real estate market will not recover until unemployment drastically improves. Until then foreclosures will continue at rates too high to normalize the market and prices will continue to remain depressed.
The stock market is recovering for two reasons:
1. Companies lowered their costs primarily through job cuts.
2. The falling value of the US dollar caused primarily by Obama tripling our federal debt.
The falling dollar will ultimately drive-up inflation. The price of crude oil has already jumped over 50% this year, and it certainly has moved in the opposite direction of purely supply and demand. certainly has moved in the opposite direction of purely supply and demand. I believe the price increase is driven primarily by the market's expected continuing drop in value and by market makers in the major investment banks such as Goldman Sachs. Inflation has been tamed so far because there is little demand for almost every commodity worldwide. As soon as worldwide demand for goods and services recovers, and it will despite US policies, inflation will accelerate rapidly. My recommendation: If you have significant balances in a home-based line of credit, convert them to a fixed rate second mortgage before rates get much higher. Your Principal + Interest payments will be slightly higher than your current interest only payments, but I firmly believe interest only payments in 2011 or sooner will be at least twice as high as they are currently.
Tom Scheu
Managing Broker,Turnkey Real Estate Corp.
Accredited Buyers Representative
Graduate Realtor Institute
Certified Internet e-PRO
Certified Negotiation Consultant
MBA
630-353-1401
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Debbie Bates Licensed Real Estate Agent

Date: October 27

I live in the Fort Lauderdale, FL area, and find that the number of REO's on the market is significantly less than the number on the market last year. There are actually more buyers here that want to buy a foreclosure than there are homes on the market. Foreclosures come on the market and nearly all of them have multiple offers within a week. Even within a day or two. It's becoming the "norm" for REO agents to get 10, 20 or more offers on a property. One agent told me he had 46 offers...

When I hear that there have been record numbers of foreclosure filings for months at a time, yet the REO's coming on the market are just dribbling in a few at a time, I have to wonder what's going on!!! Many Brokers that had 50-100 REO listings last year, have 5-10 now. So I really do wonder what the banks are doing!

~Debbie Bates, Realtor, ePRO, GRI

Herman Group Real Estate

954-557-7036

debbie@SouthFLHomes.com

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Tom Scaglione Licensed Real Estate Agent,  Lutz,  FL

Date: October 27

Debbie writes in part...
SNIP>>> Many Brokers that had 50-100 REO listings last year, have 5-10 now. So I really do wonder what the banks are doing!

TomS :-) Replies... I am an REO agent and there has been a moratorium on the banks releasing listings at the request of the administration since June of 2009 and all of my asset companies keep telling us that they will be released soon.

You are correct that the numbers are down. I can only assume that the administration is trying to stabilize the housing market and fact is they are only creating a false market. As soon as the banks can no longer hold these properties and release them into the market housing prices will again drop and the market will again become unstable.

One other thing that one of my mortgage brokers told me is that the banks can not afford to write off any additional debt until next year and it is better for them to hold non-preforming debt then it is to write it off right now.

Tom Scaglione, e-PRO, REALTOR(r)
Future Home Realty, Inc.
Certified REO Specialist
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