Help Me With The Math Here
I'm no friend to Bank of America, as anybody who's read my chapter in I See Rude People on how their "security" practices put their customers at risk for identity theft knows.
I discovered that they had cheaped out on creating a single computer network to link all their banks, and that at teller windows at a branch where your account is not based, they may not be able to see much more than how much money you have in your account. Meaning that they can't read your pin or see identifying information -- that their security measures entail just "hoping it's you."
Asides aside, Bank of America is just one of the players in this story (and I do have to say that, as with GM, it is just disgusting that they've gotten ANY money from taxpayers).
My question from the headline, however, relates to loans and how they work. I don't really know because, naive little me, I didn't buy a house back when everybody was getting those ARMs, because...because I couldn't afford one! (I got a snotty message on facebook from author Francesca Lia Block. "I See Clever People," she wrote me -- about my post about how she bought a house she couldn't afford, "Gamble Big: If You Win, You Keep The Money; If You Lose, The Rest Of Us Bail You Out.")
Getting -- finally -- to the main meat of this blog item, Gale Holland writes in the LA Times of a foreclosure story. A woman, Dirma Rodriguez, with a severely disabled daughter, Ingrid Ortiz, and a house modified for her could lose it:
After she fell behind on her payments, the Bank of America lowered her monthly obligation, but then sold the house at a foreclosure auction last September. The new owner, a house flipper from El Segundo called West Ridge Rentals, moved to evict the family....Bank of America said last week it is considering a loan modification that would return the home to Rodriguez and her family.
...Ortiz, now 27, has cerebral palsy and does not speak. Her vision is poor, and she can walk with leg braces, but she generally finds it easier to slide around the house on her knees. She often cries and wails loudly.
The stucco house on South Rimpau Boulevard, which Rodriguez keeps immaculate, is custom-conditioned for Ortiz, with gleaming floor tiles to ease her movements and a wheelchair ramp. In the summer, Rodriguez spreads a blanket on the lawn so Ingrid can enjoy the sun and gaze at the dozens of unblemished rose bushes her mother planted in honor of her quinceañera.
...How and why this came to pass is in dispute. Rodriguez says the bank began returning her payments, then put her into foreclosure without notice. Bank of America spokesman Rick Simon said she received ample notification, and the foreclosure was aboveboard.
...Rodriguez owed $457,000 on the house; West Ridge picked it up for $300,100. You might wonder why Bank of America found it smarter to sell at a loss than to work out reasonable terms with Rodriguez, who made mortgage payments for more than 20 years without incident.
If, per Holland, she's owned this house for 20 years, that means she bought it in around 1992. I found the house with ease with methods I detail in I See Rude People (just call me Nancy Drool!), but price estimates for it on Zillow only go back to 2003. Back then, in 2003, it was estimated by Zillow to be worth about $275K.
I looked up what the LA real estate market was doing in the early 90s when Rodriguez bought the house. Here:
1990: Prices take a serious plunge. One article claims that housing booms are a bad thing and we should hope prices stay low. Increasing mortgage rates are blamed for the bust. The word "recession" is mentioned. Gloom and doom.
1991: A "dead cat bounce"? Some folks wondering if the bust has bottomed out or not. Sales are abysmal (e.g., -42%). Other parts of the country showing some signs of recovery.
1992: No one is buying; housing is an investment that no one will touch. Desperate political efforts being made to encourage house buying. Rock bottom prices and lower mortgage rates encourage some purchasing. The year ends with some buying. Another "dead cat bounce"? It's not clear.
1993: It's definitely a buyer's market. Some people are saddened by the fact that current prices are 50% of what they were in the 1980's. The housing bust in Southern California is clearly negatively impacting the California economy and the national economy at large. Sellers are desperate to sell (and some people taking extreme measures like putting huge "for sale" signs on their lawns for passing planes to see). Folks who waited out the boom to buy at the bottom are being handsomely rewarded for their patience. Proof-positive of the contrarian investing style -- be greedy when everyone is fearful and fearful when everyone is greedy. The "slump" may be ending.
Did she pay maybe $100,000 or $120,000, at most, for this house back then? It's not in a great neighborhood. And it was a really not great neighborhood back then.
This woman now owes $457,000 on the house. How? How? Even with what's there -- shiny floors and a wheelchair ramp and all -- how much can that stuff cost? Is there something I'm not factoring in? How much of a loan do you think she got?
Also, the woman apparently can't speak English well enough (or at all) to function without an interpreter. It can be hard to make it as somebody who's pretty good in the native language. How does somebody, as a non-English-speaker, buy a five-bedroom, four bath, 3,864 square-foot house on a 7,797 square-foot lot?
Some photos of the house here: 



Tax assessor information: 







They only way that this is possible is with re-financing of the home. In the story, Rodriguez lived in the home for more than twenty-five years. With a 30-year fixed-rate mortgage, she should be five years away from paying it off in full.
How does she owe $457000 on the house? Countrywide (assumed by BAC) gave her the money. Maybe she even had a negative equity adjustable-rate mortgage where the amount she owed increased every month. I guess she spent $457000. I can't see how, but she did.
Tyler at April 15, 2012 7:24 AM
She almost certainly did a cash-out refi. Maybe took a second mortgage. This is how a lot of people who bought before the bubble still got caught up in it. During the bubble I was getting junk mail every week offering to loan me money against the supposed new value of my house.
Jason at April 15, 2012 7:26 AM
Jason's explanation sound's correct. Crazy things were happening in L.A. during the bubble. Lofts in my neighborhood were going for over half a mil... Miles from the beach.
A better man would have figured out how to short the market, but I am a coward.
Crid at April 15, 2012 7:51 AM
Assumptions: She bought the house with a mortgage for more than it was worth to do the initial remodeling with little to no money down through Freddie Mac.
Then, in a few years, she was talked into doing a re-financing. They paid her a lump sum of money for the equity in the home. She, then, used the money. Perhaps it went toward medical bills, a new roof, and other costly home maintenance. A good percentage of people spent their checks on vacations and expensive toys. It doesn't matter, because it's gone now.
When they re-financed her, they possibly gave her an ARM...in which every quarter the interest rates and the amount of her monthly payments change. But I suspect, they gave her an interest-only loan with the promise of smaller monthly payments, and only a tiny portion of her payments went to the principle of the loan. She was basically paying only the interest.
In 2004, I had a mortgage broker tried to convince me that I needed an interest-only loan to afford an expensive home. I can see how a more dishonest broker could talk a non-English speaker into a crazy loan.
The question remains: Are big banks responsible for dishonest independent brokers talking dumb people into expensive loans they couldn't afford?
The biggest argument that they shouldn't be is that the government has been forcibly encouraging loans to people, such as the disabled and their caregivers, for years. And it's why I can't begrudge banks for their government bailouts, when the problem started with the government regulations in the first place.
Cat at April 15, 2012 9:04 AM
I think what makes me the maddest over this story is the author's inability to get over his own empathy.
No one has just five minutes to get out of the home. I'm sure she had, at least, thirty days notice of eviction.
The house has been sold since September.
They had modified the loan, and yet she still failed to make payments on time. Because she can't afford the home.
And it's the big evil bank's fault for finding someone who could and would pay for it.
Cat at April 15, 2012 9:11 AM
As others have said, this is almost certainly a cash-out refi (quite possibly more than 1).
And in 2005, anyone with a pulse could get a mortgage. Can't speak english? Even better! Then you won't notice the 9.9% + LIBOR variable APR after the first 6 months, and the 5% of loan value we tacked on in points.
I wouldn't be surprised if she ended up owing $250,000 to take $100,000 out to do renovations and/or live on.
Peter H at April 15, 2012 10:01 AM
I know a lot of people who made good money refinancing their house and re-investing the money, because the interest on their loan was lower than that on their investments.
The key word here is "re-investing".
I'm guessing she used it on her medical bills. A valid use, certainly, but not one likely to make her financially more secure.
It's sad.
NicoleK at April 16, 2012 1:23 AM
"Also, the woman apparently can't speak English well enough (or at all) to function without an interpreter. It can be hard to make it as somebody who's pretty good in the native language. How does somebody, as a non-English-speaker, buy a five-bedroom, four bath, 3,864 square-foot house on a 7,797 square-foot lot?"
I just thought I'd comment on this. I don't know about this specific case or how things are in California. But in Southern Florida and especially Miami it's not unusual to have a high net worth individual from: Spain, South America, or Central America buy a house and not speak english.
My cousin married a Spaniard, speaks fluent Spanish, and has high income individuals in Spain ask her about buying a house around the Miami Dade area all of the time. As you can imagine there are plenty of Spanish speaking real estate brokers willing to accommodate these buyers.
Mike Hunter at April 16, 2012 7:07 AM
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