"Strategic Defaults," A Growing Scourge

Provided By North American Title Company
Source Economic Focus

There are many circumstances that could lead to an unavoidable default, job loss and illness head the list. One might categorize these as involuntary defaults. In years past these defaults were infrequent and lenders were prepared to absorb the losses.

Today, lenders are having to grappling with an on slot of "strategic defaults" in addition to involuntary foreclosures and REO inventory

The "strategic default" is a voluntary action taken by borrowers who do not wish to continue paying their mortgages and the lender will not take a "deed-in-lieu of foreclosure."*

Scenario 1

Wing it and hope the lender lets property go through foreclosure without repercussions, except for the credit dings.

Scenario 2

Borrowers who have placed seconds on their properties may find themselves in a real fix. Many, seconds contain options for deficiencies judgments should the borrowers elect to default on their first and second. The borrower may be liable for the shortfall between the amount of the original loan(s) plus cost and the proceeds from the foreclosure or REO sale, likely sold at a fire sale price. In some jurisdiction this is perfected by the lender through a "deficiency judgment."

Scenario 3

In recent years many well intended borrowers obtained financing with a "stated income" loan application. This type of loan did not require verification of income or assets. The borrower's representation was taken at face value. If one needed a little more income to qualify the temptation was great to fudge the figures.

The catch is, if a borrower fudged on the facts the lender may have the option to claim misrepresentation of material facts (fraud) and take the borrower to court. While this is time protracted and expensive, lenders have been known to take this course if the borrower has sufficient assets available.

A Word of Caution

Scenario 1 is going to take some skin off one�s credit worthiness, scenarios 2 & 3 spell trouble. Measure the consequences carefully before electing the �Strategic Default� course, the waters are getting rough.

*Deed-in-lieu is a deed given by a mortgagor (borrower) to the mortgagee (lender) to satisfy a debt and avoid a foreclosure. It is also called a voluntary conveyance.

Signs of a Solid Economic Recovery?

Provided By North American Title Company
Source http://www.nat.com/

What is the economic news indicating?

HOUSING STARTS - UP
April Housing starts beat market expectations, rising 5.8%. The greatest increase was in single family starts with a moderate decline in multi-family starts.

RETAIL SALES - UP
US retail sales ROSE in May for the seventh month in a row and beat market expectations. The prior two months gains were revised higher. This is the sixth straight year-on-year gain and is, following a 14 year-on-year decline. Core Retail Sales excluding and including gasoline rose. On one side consumers are deleveraging their credit cards while they increase spending despite high unemployment, sluggish income growth, and relatively tight credit.

CONSUMER SENTIMENT - UP
Consumer Sentiment also rose as did Current Conditions and Consumer Expectations. On a trend basis, sentiment has been improving since March 2009. Consumers continue to worry about weak labor markets, high foreclosures, expensive energy and tight credit conditions.

INDUSTRIAL PRODUCTION - UP
Industrial activity increased strongly in April, its ninth increase in the past 10 months. However the output level is still well below its recent cyclical peak.

EMPIRE STATE MANUFACTURING SURVEY - UP
Manufacturing activity of New York based firms ROSE in May for the tenth consecutive month. New orders slowed; Shipments grew; Unfilled Orders declined; and Inventories expanded for the third straight month following 2 years of decline, indicating that inventory liquidation has ended.

"However, because of the shape decline in factory activity in the previous 15 months, activity remains subdued. Nevertheless, factory executives are still optimistic about a continuing and strengthen recovery over the next 6 months. Manufacturing is actively participating in the cyclical expansion of the economy," says Steven A. Wood of Insight Economics, LLC.

BUSINESS INVENTORY - UP
The inventory liquidation cycle is over and modest inventory accumulation is now taking place.

CONSUMER SENTIMENT - UP
Consumer Sentiment rose as did Current Conditions and Consumer Expectations. On a trend basis, sentiment has been improving since March 2009. Consumers continue to worry about weak labor markets, high foreclosures, expensive energy and tight credit conditions.

The economy is in recovery, howbeit modestly.