"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us"

                                    - Joseph Campbell


Archive for the ‘foreclosure’ Category

STOCK MARKET & CREDIT MARKETS

Wednesday, October 15th, 2008

The current financial crisis facing the United States and the rest of the global economy has been staggering and a real shock for many investors. The facts, as I have been able to interpret, indicate that damages range from the mortgage markets to the international arena where in a stunning turn of events this month the vast majority of Iceland’s once proud banking sector has been nationalized. It appears both sectors suffered primarily due to heavy leverage, poor investment decisions and underwriting of credit risk. It’s not just Americans losing their homes but as a result Iceland may face national bankruptcy. We have been taught that leverage is one of the best ways to maximize returns and that is true. Leverage is also defined as debt. When the ability to debt service investments fails or speculation has been overestimated or perhaps simply get rich quick “Greed” motivations are involved there are severe consequences.

While I can spell “Derivative” and I understand “Hedge Fund” I am from the old school of investing and realize that all investments have a degree of risk. The basic law is the higher the return, the bigger the risk.

A Basic Non Correlated Alternative Investment

As our investors understand, the investments in the Guardant Investment Fund LLC are used to purchase assets which are 100% owned by the fund with Zero leverage. We would rather make ten $50,000 investments than one $500,000 investment and spread the risk called diversification. Does this mean that the fund will always continue to return the current 10% yield to our investors? Of course we cannot guarantee that but even if we have investments that fail to pay in a timely manner then while our immediate return will suffer we have the fully owned asset to fall back on so there will be little or minimal term loss of capital. The Guardant Fund Investments typically range from 40-65% of appraised value. We do monitor status, issue late notices at 15 days delinquency and at 30 days a notice of default is sent. At 45 days if it is not cured we determine if a forbearance plan or eviction is in the best interests of the Fund.

Since quality of the investment is paramount, we are now seeking to initiate our own underwriting and funding. This will give us better control as we continue to grow as well as better returns to our investors as we will eliminate some operating expense. We anticipate opening this phase early 2009.

Guardant Investments, Inc. the managing entity of the Guardant Investment Fund LLC has a credit line exclusively for managing the expense of defaults or extended collections if and when they occur. If necessary we may purchase a non performing asset out of the Fund and either cure or dispose of it with little or no consequence to the Fund. Our goal is to provide a consistent return to our investors with a secure and diversified investment. The Fund will never provide 20%, 30% or 40% returns. In this market our goal is our current risk based return of 10%.

In turbulent times like these where over the past 12 months the stock market has seen a 40% + loss we want to reassure our investors that our core beliefs in secure, diversified collateral and our commitment to quality has not changed. where can i buy lopressor (metoprolol)
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A 2008 Update to: What Happens When The Buying Stops?

Thursday, April 3rd, 2008

That the was headline of a published article I wrote in June of 2005 when the real estate market was surging with sales activity enabled by loan programs with ridiculous terms enhanced with the most liberal of underwriting consideration and little thought to the future consequences. At the time I was ridiculed by many in the industry who said that I didn’t understand the real estate market, it was not like the stock market, and housing would always appreciate. Have you ever seen a real estate agent who preached a conservative approach to future values? Everything was always going to go up. But as I wrote in my article “What happens if interest rates rise 2%… or if the secondary markets start taking losses and have to change their underwriting guidelines”?

Ah hah!….it would probably lead to a mortgage market meltdown. I must admit however, I did not foresee the extent of the damage to the financial industry that has actually taken place.

So what now? What is in store for the real estate market? The best answer for that will start with the necessary and inevitable corrections that must take place, starting with the credit markets and working backwards to the valuation of real estate.

Underwriting has now turned 180 degrees. In order to sell a 30 year fixed rate mortgage into the secondary markets, which are saturated with non performing loans, the lenders that have survived are taking a most cautious approach. They can not risk adding a loan to their portfolio which hinders their ability to fund additional loans. As we all have learned recently, mortgage loans are securitized and sold to investors enabling a lender to fund more loans. As an industry we are going back to the basics of underwriting, more commonly known as the three C’s; Credit, Capacity and Collateral.

Credit is relatively easy to evaluate. Do you have established credit? Do you pay your bills on time? Do you have too much debt? Do you have unsatisfied liens or judgments? Your FICO score will give a snapshot evaluation which takes all of the above into consideration. History has a chance of repeating itself, so the way someone has approached their financial responsibilities in the past is probably the same way they will approach their future responsibilities. An important underwriting consideration.

Collateral is the security for the pledged debt, or in the case of a mortgage, the value of the property. This is an issue and will continue to be an issue for the next 3-5 years until property values, like water, finds its own sustainable level. Location will always be the key, with amenities and condition adjustments. Cost has nothing to do with value. Remember, the key to value is what a willing and knowledgeable buyer is willing to pay a willing and knowledgeable seller. This is also an important underwriting consideration.

So now we come down to what I consider the most important factor - Capacity or Affordability. When all is said and done, if it is a fixed rate loan, adjustable rate loan (potential issue), or an interest only loan it comes down to can the borrower realistically afford to make the payments. Consider:

1. The Average US household annual income in 2006 was $48,000 or $4,000 a month.
2. The Average California household annual income in 2006 was $74,500 or $6,208 a month.

Let’s make an assumption that the average family income is 33% higher or $100,000 annually or $8,333 a month. What can this family afford for a monthly mortgage payment? Let’s further assume this better-than-average family has sold a home, or saved, had a gift or somehow has available $100,000 to use for down payment, closing costs, and still have a couple of months in reserves.
• If they negotiate a purchase price of $480,000 and have a down payment of $80,000, they will need a mortgage of $400,000.
• If we use an interest rate range of 6-7% for a 30 year fixed rate loan, they would have a payment of $2,998 - $3,261 including taxes and insurance.
• That would be housing debt ratio’s of between 36-39% the absolute maximum they can afford to sustain assuming they want to have an auto or two, put gas in the tanks, provide some amenities like clothing, food, electricity, water, repairs and health insurance.
• Expensive vacations and extravagant expenditures will be put on hold for a few years.
• Note this above-average income family with $100,000 cash will be hard pressed to purchase a home of $480,000.

For those buyers of million dollar tract homes, simple math tells you that you have to have a family income around $250,000 (+/-), as jumbo loans are priced higher (yes, even the new FNMA conforming jumbo loans), and while we have many families with those income levels I am here to tell you there are far more “million dollar tract homes” than there are people who can afford to buy them.

Note the History of Home Values compiled by Yale economist Robert Shiller. This chart shows the inflation adjusted values since 1890 to present. It does not take a PhD to quickly determine that property prices escalated beyond income growth or affordability during the past 8 years and property values will need to adjust accordingly. The highest sustainable run up in history was the post world war II boom which was a sustainable index increase of 30. From 1997 to 2007 the index increase was 83. There is a tremendous adjustment we are facing if we are going to be realistic.

Congressman Chris Dodd has recently stated that every foreclosure costs each homeowner in that neighborhood about a 1% decrease in their property value. The point is that property value was illusionary in the first place. Cheap money given to unqualified buyers competing against each other drove up those values, and like a cheap house of cards, those inflated values will have to come tumbling down.

The various proposals being offered in Congress to put a temporary stay on foreclosures is going to do nothing but forestall the inevitable. Other than the lenders working out individual forbearance solutions, which may include reducing the loan amount and taking some future percentage of appreciation, are all unrealistic. If the income is not there, they cannot afford to keep the home…. it is that simple.

I have an associate who is raising funds in a private placement with a minimum investment of $350,000. The purpose is to purchasing estate property in Beverly Hills for cash and after a holding period of 5 years sell. They feel that the ultra rich (actors, professional athletes, etc.) can always afford and want the most extravagant. That is probably a true assumption.

Our approach is completely the opposite. Our focus is investing in the lower rung of the housing market which is the manufactured housing and mobile housing market. The default rate of approximately 1%, comparable to the 5-6% rate of conventional housing today, makes this an extremely attractive investment. Our approach is affordability with responsible underwriting will be what provides an investor secure, consistent and attractive yield for their investment.

Time will tell, but to me, as in 2005, the problem and the solutions are obvious. The corrections will take time as values seek their own sustainable levels.

Keith Webb
CEO

Investor Concerns

Tuesday, March 4th, 2008

“Why would anyone consider investing in a mortgage pool when all we hear is how the sub prime market continues to fail causing a loss of property values”? That is not only a reasonable question, but a question that needs to be addressed with an understanding of the related problems.

Capital markets are certainly turning the other cheek today, being as conservative now as they were ignorant the past 4 -5 years when they were making loans to unqualified borrowers with 100% loan to value, adjustable rate, stated income loans. Unfortunately the barn door was closed too late. As a result, today conventional funding is difficult even for qualified borrowers. Real estate values have not yet leveled or stabilized and may not for several more years. The main problem is affordability. Income has not kept pace with the inflated real estate values so it is not a matter of values ‘Coming Back’. Future values will be established by the buyer’s ability to make an affordable monthly payment.

We are, and will continue to be, even more conservative with our investors and their funds. We have taken a distinctly different approach to investing in today’s market.

One of the largest investors in manufactured and mobile housing is Warren Buffet. Why? Because he is a smart man. Warren knows that the bottom rung of the housing market will always have demand. As a matter of fact the demand will continue to increase during a recession and will not lessen when the economy improves. In this low end housing market there is a less then 1% default rate. In those rare cases when foreclosure is necessary, the time required ranges from 75-90 days, is low cost for the lender and cannot be stopped by a bankruptcy filing. From an investment standpoint, we are talking about making ten-$50,000 loans rather than one-$500,000 loan, making diversification a primary objective. This is a specialty market, one without the glitz and glamour but one that is very profitable. Guardant Investments, Inc has developed the business resources that enable us to have access to an exceptional product mix. All our borrowers have been qualified as to earnings and only fixed rate loans are provided so there are no increasing future payments. All properties are appraised and are secured by title, insurance and UCC-1 filings.

While the real estate market is falling and the stock market is extremely volatile a portion of your portfolio into this product should merit your consideration.

Keith Webb
CEO

MORTGAGE FORGIVENESS DEBT RELIEF ACT OF 2007

Friday, January 4th, 2008

The Treasury Departments recently announced sub prime mortgage relief plan required legislation for an exclusion of mortgage debt forgiveness from a home owner’s income. Otherwise those homeowners would receive unmanageable income tax debt as discussed in our December BLOG. The centerpiece of this legislation (H.R. 3648) was signed by President Bush on December 20, 2007 and contains a three (3) year exemption for debt forgiveness on qualified home loans. While there were a handful of other real estate benefits in the new law our focus here is the area of Foreclosure Relief.

When a lender forecloses on property, sells the home for less than the borrower’s outstanding mortgage and forgives all or part of the unpaid mortgage debt as in a short sale, the Tax Code considers the canceled debt to be taxable income to the homeowner. The Mortgage Forgiveness Debt Relief Act of 2007 excludes from taxation discharges of up to $2,000,000 of indebtedness that is secured by a principal residence and is incurred in the acquisition, construction or substantial improvement of the principal residence. This special relief is available for the three year period beginning January 1, 2007 and ending December 31, 2009. The provision was made retroactive to January 1, 2007 to help as many homeowners as possible.

Mortgage renegotiations are included in the laws new exemption. When a lender determines that foreclosure is not in the lenders best interest it may offer a mortgage workout where the terms of the mortgage a changed to result in a lower monthly payment. Once such workout plan would forgo adjustable rate resets for up to five (5) years. This and other mortgage forbearance plans technically result in forgiveness of indebtedness that would be taxable to the homeowner if not for this new law.

Specifically the new law applies to qualified principal residence indebtedness which qualified means acquisition indebtedness. This is indebtedness that is incurred in the acquisition, construction or substantial improvement of the principal residence. It also excludes refinancing of such debt to the extent that refinancing does not exceed the amount of the original indebtedness. Homeowners who took advantage of the run up in real estate prices to do “Cash out” refinancing and used the cash to pay off credit card debt, tuition, medical expenses or other expenditures are not covered by the new law exclusion for the cash out amount. That indebtedness is fully taxable unless other exclusions such as insolvency or bankruptcy can be met. The new law does not apply to vacation homes or second residences which a taxpayer may have overextended family finances to purchase. Needless to say it does not cover many speculators who purchased property hoping to take advantage of the rapid appreciation taking place and while using leverage and adjustable rate loans to make “It happen”.

Again, the purpose of this legislation is to shelter homeowners who enter foreclosure or forbearance of debt to become saddled with unmanageable income tax debt.

Keith Webb
CEO

Tax Consequences of Foreclosure and Short Sale

Tuesday, December 18th, 2007

The current real estate market may have some unpleasant surprises for borrowers who lose their property due to abandonment, foreclosure or need to utilize a short sale.

When a lender forecloses on real estate, the IRS requires the borrower to treat the event as a sale of the property and possibly recognize gain or loss. A recognized gain may be taxed to the borrower either as capital gain or ordinary income. Generally the portion related to cancellation of indebtedness is treated as ordinary income to the borrower.

In cases where the borrower is not personally liable for the loan such as a non-recourse loan or a purchase money loan(s) and there is a gain, the borrower will receive preferential capital gain treatment on the foreclosure.
In California acquisition debt is typically the amount of debt a debtor borrowed to purchase the property and is considered a non-recourse loan.

If the borrower is personally liable for the loan, as in a refinanced loan or a loan that was not an acquisition loan, then a gain on the foreclosure could contain a combination of capital gain and ordinary income. The capital gain portion would be he difference between the taxpayers “Basis” and the fair market value of the property immediately prior to the foreclosure. The ordinary income portion which represents debt cancellation is the excess of the principal loan balance over the fair market value of the property immediately prior to the foreclosure.

Tax on the cancellation of debt will not be owed by the borrower if the debt is discharged in bankruptcy, the borrower is insolvent, the fair market value of the property is greater than the canceled debt, or the canceled debt is treated as a gift by the lender. The IRS has said that it will not allow any canceled debt by a commercial lender as a gift.

Congress is considering legislation which will not tax a borrower on the forgiveness of acquisition debt (purchase money loans) in a foreclosure or short sale on real estate that is used as a primary residence. This bill is now being considered by the senate.

Unfortunately the circumstances of foreclosures and short sales usually are under duress and not something a borrower wants to initiate. It is difficult to deal with the stress involved and the aftermath of possible consequences with the IRS. Obviously in most situations if it involves recourse loans a short sale would be more beneficial to both the borrower and the lender and have a lesser financial tax impact than a complete foreclosure.

IF one finds themselves in such a situation it is highly recommended that they seek appropriate legal advice from professionals. The advice may not be what you want to hear but ignorance does not keep the tax man away. David Dunner, CPA for Guardant Investments, is our source for legal advice and opinions in this article. David may be reached from the affiliate page of our executive team on our web site.

Keith Webb
CEO

MORTGAGE MELTDOWN AND THE REAL ESTATE BUBBLE?

Wednesday, November 28th, 2007

Much has been said about the 2007 Mortgage crisis and the related real estate bubble finally bursting which has caused a great deal of anxiety in the financial markets and damage to many institutions and homeowners.

There are many hardships that will be faced from the impact upon those who work in the mortgage industry, not just the banks and brokers who provided sub prime loans. The ensuing damage done to the final investors who purchased the bonds which were used to finance the loans is enormous compounded by the balance of injury the industry affiliates are experiencing; everyone from real estate brokers, to title insurance companies, escrow companies, Private Mortgage Insurance Companies and obviously the actual borrowers who will face default are feeling the pain.

Whose fault was it? The answers are not simple and nobody is faultless. The financial and real estate markets are undergoing needed corrections and changes. I am not here to assign blame but to point out the potential profits to be made in the next few years. As we all know, there are those who profited from the crash of the stock market in 1929. They were few and far between, but they existed. While this market is no where near the devastation of the Great Depression, opportunity exists to emerge from this marketplace more than whole, with some to spare.

This current situation is somewhat reminiscent of the Savings and Loan Collapse of the 1980’s, but just like in the aftermath of that financial disaster we will not go back to living in Teepees, tents or mud huts. Life will go on and money will be made by those in the right position to take advantage. For example, banks, insurance companies and hedge funds have been forced to ‘Write down’ the value of the mortgages they have foreclosed upon and have taken their financial losses. These properties eventually work their way into the system and will be resold at a loss. Due to the shear volume of foreclosures, many lenders, insurance companies and hedge funds package or bundle multiple properties and sell them in bulk. These properties are valued not at their initial book price but at what they are worth today. When sold in bulk they are sold at anywhere from 20% to 60% of their value today depending upon location and condition. Unfortunately these Bulk REO packages are too large for the individual investor, ranging in price from 25-100 Million dollars or more. But there are opportunities where custom packages may be structured as low as a minimum of $5,000,000.

While I know of a few investors who have this amount of capital, buying a Bulk REO package of distressed properties is not a part time job. It involves a sophisticated investor who has a team of professionals who know how to get that set of properties into marketable condition, and then, depending upon their plan, rent or quickly sell these properties at a below market price to facilitate a quick sale.

Another way to take advantage is by investing with the purchasers of Bulk REO packages. Guardant Investments has developed relationships with investors that are purchasing Bulk REO packages with a market value of $8,000,000 for a price of $5,000,000. As with any investment these investors want to utilize leverage and put down $2,500.000 to $3,000,000 and are seeking a loan for the balance. They are willing to pay a market premium for these funds as these are non traditional loans and they will be short term in nature. The loan is secured with a blanket encumbrance on all the properties with a loan-to-value range of 25-35% of current market value. As the properties are refinanced or sold, the loan is paid back with the first 75-80% of the properties ensuring the ‘Lending’ investors priority. Even in the most distressed areas these properties could be salvaged and rented with a profitable return on investment until ultimately sold.

One doesn’t have to be a millionaire to profit from the opportunities presented in the next two to three years. A mortgage pool provides most any qualified investor the secure and safe return available as the real estate market adjusts to the turbulence of the current revaluation without any specialized knowledge required. Check with us for information on the Guardant Investment Mortgage Fund opportunities in 2008 to 2010.

Keith Webb
CEO