Foreclosures might swamp isle courts
Fannie Mae eschews a quicker, nonjudicial process in response to a new Hawaii law
By Andrew Gomes
Article from: Star-Advertiser
One of the nation’s biggest owners of home mortgages has made a move that could add to an already overburdened Hawaii court system’s caseload.
Fannie Mae, a publicly owned company created and overseen by the federal government, recently instructed companies that handle foreclosures for its loans to file all new Hawaii foreclosures in court.
Fannie Mae also told the firms known as loan servicers to cancel any pending nonjudicial Hawaii foreclosures and restart them in court.
Fannie Mae took the steps in response to Hawaii’s new foreclosure law enacted last month. Critics are concerned Fannie Mae might be attempting to sidestep the main intent of the law, which was to engage mediators to help homeowners avoid foreclosure.
The vast majority of residential foreclosures in Hawaii in recent years have been conducted out of court through a nonjudicial process because it was quicker and cheaper than going through court.
The law was changed in part because the nonjudicial foreclosures left borrowers with little opportunity to contest repossessions even in cases where they believed a lender was improperly taking their home.
The new law, Act 48, gives qualified owner-occupants of Hawaii homes the option of having a dispute resolution professional assist with foreclosure mitigation in front of a lender representative before a foreclosure sale can proceed.
Fannie Mae’s directive, issued Friday, drew criticism from a local homeowner advocacy group that lobbied for Hawaii’s new law.
The Rev. Bob Nakata, a member of Faith Action for Community Equity, said Fannie Mae is attempting to bypass the new law. “Just two days ago, 25 churches got together from two islands and celebrated our new foreclosure mediation law, and now Fannie Mae is trying to outmaneuver us,” he said. “It stinks. Our government-sponsored enterprises are supposed to help us, not take away everything we have fought for.”
Some supporters of Hawaii’s new law fear the move by Fannie Mae, which buys U.S. single-family home loans from loan originators, could spur similar moves by giant banks and other big holders of Hawaii home mortgages, shunting aside the revamped nonjudicial foreclosure law and overwhelming the state court system.
Fannie Mae declined to say whether it established its new policy to avoid nonjudicial foreclosures in Hawaii under the new law or whether the policy is only temporary until it’s possible to file new nonjudicial foreclosures.
The new law resulted in a de facto moratorium on nonjudicial foreclosures because the state Department of Commerce and Consumer Affairs won’t accept any new nonjudicial foreclosure filings until the mediation program is running. The law also prohibits any nonjudicial foreclosure auctions until borrowers have an opportunity to participate in the program.
The program is expected to be running by Oct. 1.
Fannie Mae spokeswoman Amy Bonitatibus said policies are regularly reviewed and adjusted as needed.
“Our announcement is consistent with Hawaii law and was made in response to recent Hawaii legislation,” she said. “Currently, nonjudicial foreclosures cannot be pursued in Hawaii. There is not currently an end date listed in the announcement we issued, but again, we regularly make updates and changes to reflect the current law and foreclosure processes in a state.”
Kim Harman, Hawaii policy director for Faith Action for Community Equity, questioned whether Fannie Mae is trying to avoid requirements for documenting original and amended mortgage agreements and promissory notes under the new law.
Harman said the documentation requirement is the only substantial difference between Hawaii’s law and a Nevada foreclosure mitigation law upon which Hawaii’s law was modeled. Fannie Mae hasn’t banned nonjudicial foreclosures in Nevada.
State Rep. Bob Herkes, who along with Sen. Rosalyn Baker was a chief architect of the law, said Fannie Mae would be misguided if it intends to avoid better documentation by running foreclosures through Hawaii courts.
Herkes intends to ask the Judiciary to hold mortgage holders to the same documentation standards contained in the nonjudicial foreclosure law.
Some Hawaii foreclosure industry attorneys had warned that lenders might flock to judicial foreclosures, in part because lenders can pursue borrowers for any difference between what a borrower owes and proceeds from selling a foreclosed home. This difference, referred to as a deficiency judgment, could help offset higher expenses of judicial foreclosure.
However, others believe the extra time and expense of judicial foreclosure, especially if Hawaii courts get bogged down, still make judicial foreclosure less attractive than the revamped nonjudicial foreclosure process.
While Fannie Mae seeks to proceed with Hawaii foreclosures in court, it is also offering financial incentives for loan servicers to avoid foreclosure and was instructed by the Federal Housing Finance Agency in April to not start a foreclosure if a borrower and servicer are engaged in a good-faith effort to resolve a mortgage delinquency.
So far, there has not been a huge increase in judicial foreclosures in Hawaii, considering that the new law went into effect May 5.
For all of May, there were 141 judicial foreclosure cases, up from 119 in May 2010, according to Judiciary figures. Nearly all of the increase occurred on the Big Island.
For all of last year, state Circuit Courts handled 1,331 foreclosure cases. That figure is estimated to be around 10 percent of all Hawaii foreclosures.
The Judiciary, in testimony on Senate Bill 651 that became the foreclosure mitigation law, expressed concern that any big increase in judicial foreclosures could dramatically delay cases unless new judges and staff are hired.
According to real estate research firm RealtyTrac, close to 500 new foreclosure cases a month were filed on average this year through April.
The Judiciary estimated it would cost about $4.3 million a year for additional personnel to handle such an increase.
Wednesday, June 15, 2011
Tuesday, June 14, 2011
US Mainland & Canadian Visitors Continue to Fuel Hawaii’s Double Digit Recovery Rate In Room Revenue Through First Four Months of the Year
Mainlanders raise isle hotel occupancy
Japanese arrivals slump 23.5 percent, but Canada and the U.S. take up the slack
By Kristen Consillio
Article from: Star-Advertiser
More visitors from the mainland and Canada are traveling to Hawaii, while Japanese arrivals have slumped by 23.5 percent.
Mainland visitors helped boost statewide hotel performance in April despite a sharp decline in tourists from Japan.
Although Japanese arrivals plunged 23.5 percent in the first full month since the March 11 earthquake and tsunami, statewide hotel occupancy climbed 3.2 percentage points to 68.5 percent in April, according to a report released today by Hospitality Advisors LLC.
A 10 percent increase from the U.S. West and a 33.7 percent boost from Canada — driven in part by a late Easter holiday that shifted spring break into April, and 7,500 visitors to Waikiki for an American Academy of Neurology convention — more than offset declines in the Japanese market, the report said.
“The timing was just good. There’s just enough strength in other markets not affected by the 3/11 event,” said David Carey, president and chief executive officer of Outrigger Enterprises Group. The Japanese decline “definitely affected us, but not as much as we thought. We’re fortunate.”
Room rates statewide rose by 8.5 percent over the previous year to $191.26, while revenue per available room — considered the best measure of hotel performance — jumped 13.8 percent to $131.01.
Oahu hotels reported the highest occupancy rates at 74 percent, or 4.4 percentage points higher than a year ago. Properties on Maui saw a 2.5 percentage point increase year-over-year at 69.2 percent, while Hawaii island hotels were flat at 54.6 percent and Kauai hotels were 57.8 percent full, up 3.4 percentage points.
The increased occupancy was welcomed, but the decline in high-spending Japanese tourists had an impact.
“From a revenue standpoint it hurt our restaurant business and hurt the traditional buying of some of our higher-priced rooms, but we’re happy in the fact we gained some share of the U.S. market that were able to offset the declines,” said Keith Vieira, senior vice president of operations for Starwood Hotels & Resorts-Hawaii & French Polynesia.
The average daily room rate on Oahu was $162.43, 12.2 percent higher than last year. Maui room rates jumped 13.2 percent to $259.30 but decreased by 13.9 percent on Hawaii island to $172.16. Rates on Kauai rose 9.2 percent to $207.01.
Revenue per available room, known as RevPar, soared 19.3 percent to $120.20 for Oahu hotels due to gains from the mainland, Canada and group business, according to the report. Maui’s RevPar jumped 17.5 percent to $179.44, while Hawaii island’s RevPar dropped 13.9 percent to $94. RevPar for Kauai hotels rose 16 percent to $119.65.
“The U.S. mainland and Canadian markets continue to show pent-up demand that has been fueling Hawaii’s double-digit recovery rate in room revenue through the first four months this year,” Joseph Toy, Hospitality Advisors president and chief executive officer, said in a statement.
Mainlanders raise isle hotel occupancy
Japanese arrivals slump 23.5 percent, but Canada and the U.S. take up the slack
By Kristen Consillio
Article from: Star-Advertiser
More visitors from the mainland and Canada are traveling to Hawaii, while Japanese arrivals have slumped by 23.5 percent.
Mainland visitors helped boost statewide hotel performance in April despite a sharp decline in tourists from Japan.
Although Japanese arrivals plunged 23.5 percent in the first full month since the March 11 earthquake and tsunami, statewide hotel occupancy climbed 3.2 percentage points to 68.5 percent in April, according to a report released today by Hospitality Advisors LLC.
A 10 percent increase from the U.S. West and a 33.7 percent boost from Canada — driven in part by a late Easter holiday that shifted spring break into April, and 7,500 visitors to Waikiki for an American Academy of Neurology convention — more than offset declines in the Japanese market, the report said.
“The timing was just good. There’s just enough strength in other markets not affected by the 3/11 event,” said David Carey, president and chief executive officer of Outrigger Enterprises Group. The Japanese decline “definitely affected us, but not as much as we thought. We’re fortunate.”
Room rates statewide rose by 8.5 percent over the previous year to $191.26, while revenue per available room — considered the best measure of hotel performance — jumped 13.8 percent to $131.01.
Oahu hotels reported the highest occupancy rates at 74 percent, or 4.4 percentage points higher than a year ago. Properties on Maui saw a 2.5 percentage point increase year-over-year at 69.2 percent, while Hawaii island hotels were flat at 54.6 percent and Kauai hotels were 57.8 percent full, up 3.4 percentage points.
The increased occupancy was welcomed, but the decline in high-spending Japanese tourists had an impact.
“From a revenue standpoint it hurt our restaurant business and hurt the traditional buying of some of our higher-priced rooms, but we’re happy in the fact we gained some share of the U.S. market that were able to offset the declines,” said Keith Vieira, senior vice president of operations for Starwood Hotels & Resorts-Hawaii & French Polynesia.
The average daily room rate on Oahu was $162.43, 12.2 percent higher than last year. Maui room rates jumped 13.2 percent to $259.30 but decreased by 13.9 percent on Hawaii island to $172.16. Rates on Kauai rose 9.2 percent to $207.01.
Revenue per available room, known as RevPar, soared 19.3 percent to $120.20 for Oahu hotels due to gains from the mainland, Canada and group business, according to the report. Maui’s RevPar jumped 17.5 percent to $179.44, while Hawaii island’s RevPar dropped 13.9 percent to $94. RevPar for Kauai hotels rose 16 percent to $119.65.
“The U.S. mainland and Canadian markets continue to show pent-up demand that has been fueling Hawaii’s double-digit recovery rate in room revenue through the first four months this year,” Joseph Toy, Hospitality Advisors president and chief executive officer, said in a statement.
Saturday, June 11, 2011
Maui Condominium Sales Rise
Condominium sales rise on Maui
111 condo units were sold on the Valley Isle in May, but house deals fell
By Erika Engle
Article from: Star-Advertiser
Sales of condominium units were the bright spot in the May Maui home sales picture, as compiled by the Realtors Association of Maui Inc.
Sales of condominium units rose 5.7 percent in May, with 111 units sold versus 105 in the year-ago period.
The $349,000 median condo price in May was up from April’s $338,603 but was 14.9 percent below the year-ago price of $410,000.
The increase could be attributed in part to vigorous home-showing activity within the last few months, which has begun paying off in terms of sales, according to the Realtors Association of Maui Inc. “The next few months will reveal if this is just an uptick or a trend that lasts,” the RAM report observed.
REAL ESTATE SALES
The number of homes sold on Maui in May with the median price and percentage change from the same month last year:
Houses
Sales Median Price
May 2011 70 $421,500
May 2010 81 $442,000
Pct. change -13.6% – 4.6%
Condos
Sales Median Price
May 2011 111 $349,000
May 2010 105 $410,000
Pct. change 5.7% -14.9%
Source: Realtors Association of Maui Inc.
Inventories have declined in the past 12 months and include many short sales and bank-owned properties, which will need to run their course before the marketplace gets back to normal, the association observed. Short sales and foreclosures can require additional hurdles for buyers as well as more time, sometimes four to six months, to close.
Sales of single-family homes were down for the second straight month this year, falling 13.6 percent, to 70 from 81 — by far the largest percentage drop of the year. The 81 units sold in May 2010 reflected a 35 percent increase over May 2009.
The $421,000 median price last month was a 4.6 percent drop from the year-ago figure of $442,000. The May 2009 median was $482,500.
Maui’s median home sale price peaked at $690,000 in 2006. The median condo price hit a peak of $550,000 in 2007.
Because the Maui marketplace is significantly smaller than Oahu’s, the association points out that a few high or low sales have a greater impact on statistics, without necessarily indicating a market swing.
Real estate professionals are still seeing “a lot of people looking, and a lot of multiple offers on properties,” said Terry Tolman, chief staff executive of the Realtors Association of Maui.
***Not only is Maui a smaller marketplace than Oahu but the statistics can be impacted by significant sales in a few complexes – to discuss individual properties or your property search goals please contact The Hansen Ohana directly at 808-879-3667***Mahalo
111 condo units were sold on the Valley Isle in May, but house deals fell
By Erika Engle
Article from: Star-Advertiser
Sales of condominium units were the bright spot in the May Maui home sales picture, as compiled by the Realtors Association of Maui Inc.
Sales of condominium units rose 5.7 percent in May, with 111 units sold versus 105 in the year-ago period.
The $349,000 median condo price in May was up from April’s $338,603 but was 14.9 percent below the year-ago price of $410,000.
The increase could be attributed in part to vigorous home-showing activity within the last few months, which has begun paying off in terms of sales, according to the Realtors Association of Maui Inc. “The next few months will reveal if this is just an uptick or a trend that lasts,” the RAM report observed.
REAL ESTATE SALES
The number of homes sold on Maui in May with the median price and percentage change from the same month last year:
Houses
Sales Median Price
May 2011 70 $421,500
May 2010 81 $442,000
Pct. change -13.6% – 4.6%
Condos
Sales Median Price
May 2011 111 $349,000
May 2010 105 $410,000
Pct. change 5.7% -14.9%
Source: Realtors Association of Maui Inc.
Inventories have declined in the past 12 months and include many short sales and bank-owned properties, which will need to run their course before the marketplace gets back to normal, the association observed. Short sales and foreclosures can require additional hurdles for buyers as well as more time, sometimes four to six months, to close.
Sales of single-family homes were down for the second straight month this year, falling 13.6 percent, to 70 from 81 — by far the largest percentage drop of the year. The 81 units sold in May 2010 reflected a 35 percent increase over May 2009.
The $421,000 median price last month was a 4.6 percent drop from the year-ago figure of $442,000. The May 2009 median was $482,500.
Maui’s median home sale price peaked at $690,000 in 2006. The median condo price hit a peak of $550,000 in 2007.
Because the Maui marketplace is significantly smaller than Oahu’s, the association points out that a few high or low sales have a greater impact on statistics, without necessarily indicating a market swing.
Real estate professionals are still seeing “a lot of people looking, and a lot of multiple offers on properties,” said Terry Tolman, chief staff executive of the Realtors Association of Maui.
***Not only is Maui a smaller marketplace than Oahu but the statistics can be impacted by significant sales in a few complexes – to discuss individual properties or your property search goals please contact The Hansen Ohana directly at 808-879-3667***Mahalo
Optimism Increases As Tourism Looks For Return of Business Travel Market
Tourism looks for return of business travel market
Optimism increases with more meeting planners attending a conference here
By Allison Schaefers
Article from: Star-Advertiser
Hawaii’s economy will get a boost when the Pacific Rim Incentive & Meetings Exchange convention begins today. The 14th Annual Pacific Rim Incentive & Meetings Exchange (PRIME) convention, which begins here today, could generate millions of dollars in business and incentive events for Hawaii.
About 300 meeting planners from North America and Asia will be in the isles through June 13, checking out possible corporate venues in the islands and booking meetings and incentive trips.
While PRIME has been an annual event here for the past 14 years, it’s a positive sign of the times that attendance this year is up about 30 percent, said Mike Murray, Hawaii Visitors and Convention Bureau vice president of sales and marketing.
“We see great value in supporting a Hawaii-based conference like PRIME because it lets planners see and experience Hawaii’s diversity as a meetings destination and network with local industry professionals who are experts at creating successful programs,” he said.
Each of the Hawaii Visitors and Convention Bureau’s chapters representing Kauai, Oahu, Maui and Hawaii counties are making special presentations or hosting site tours of properties on their islands. All hope PRIME will further recovery of Hawaii’s once lucrative business travel market, which lost ground in the last few years amid restrictive business travel policies in a down economy.
In 2005, Hawaii’s peak year for meetings, convention and incentive activity, 584,005 travelers came, according to Hawaii Tourism Authority Economist Cy Feng. The following year, such visitor expenditures topped out at $1.07 billion, Feng said.
However, that market here bottomed out at just 368,630 visitors in 2009, which was the worst year for those arrivals since 2004, he said. In 2010 more of those visitors came. The trend has continued this year. In April such visitors increased 48.8 percent compared with the same month in 2010, Feng said.
PRIME will help the market continue to gain ground, said Mike McCartney, HTA president and chief executive.
“With attendees from North America and Asia, PRIME will complement Hawaii’s efforts to capitalize on the interest in our state as we prepare for the upcoming Asia Pacific Economic Cooperation (APEC) Leaders’ meeting in November,” McCartney said.
Many of PRIME’s participants are from countries who are members of APEC.
Last year 35,000 room nights were booked as a result of PRIME, and some 20,000 room nights are still pending, Murray said.
“This year we hope to generate even more business,” Murray said, adding that PRIME returns $17 for every $1 spent.
Starwood Hotels & Resorts has already signed a deal with Chinese-based Sea Trips to handle partial bookings for the tour company, when it brings charters to Hawaii from August to October, said Kelly Sanders, Sheraton Waikiki’s general manager.
“They’ll be bringing 600 people or so per week on two flights from Shanghai to Honolulu,” Sanders said. “This will be very good for Hawaii and for Starwood.”
PRIME will help Hawaii benefit from the rebound in the U.S. corporate meetings and incentive market that began in October and has continued to now, said Bruce MacMillan, president and chief executive of Meeting Professionals International, whose keynote today lent industry credibility to PRIME.
The U.S. corporate meetings market began to plunge in November 2008 and by the following February, its worst month, had dropped 42 percent, MacMillan said.
“The timing of this event couldn’t be better for Hawaii.”
Optimism increases with more meeting planners attending a conference here
By Allison Schaefers
Article from: Star-Advertiser
Hawaii’s economy will get a boost when the Pacific Rim Incentive & Meetings Exchange convention begins today. The 14th Annual Pacific Rim Incentive & Meetings Exchange (PRIME) convention, which begins here today, could generate millions of dollars in business and incentive events for Hawaii.
About 300 meeting planners from North America and Asia will be in the isles through June 13, checking out possible corporate venues in the islands and booking meetings and incentive trips.
While PRIME has been an annual event here for the past 14 years, it’s a positive sign of the times that attendance this year is up about 30 percent, said Mike Murray, Hawaii Visitors and Convention Bureau vice president of sales and marketing.
“We see great value in supporting a Hawaii-based conference like PRIME because it lets planners see and experience Hawaii’s diversity as a meetings destination and network with local industry professionals who are experts at creating successful programs,” he said.
Each of the Hawaii Visitors and Convention Bureau’s chapters representing Kauai, Oahu, Maui and Hawaii counties are making special presentations or hosting site tours of properties on their islands. All hope PRIME will further recovery of Hawaii’s once lucrative business travel market, which lost ground in the last few years amid restrictive business travel policies in a down economy.
In 2005, Hawaii’s peak year for meetings, convention and incentive activity, 584,005 travelers came, according to Hawaii Tourism Authority Economist Cy Feng. The following year, such visitor expenditures topped out at $1.07 billion, Feng said.
However, that market here bottomed out at just 368,630 visitors in 2009, which was the worst year for those arrivals since 2004, he said. In 2010 more of those visitors came. The trend has continued this year. In April such visitors increased 48.8 percent compared with the same month in 2010, Feng said.
PRIME will help the market continue to gain ground, said Mike McCartney, HTA president and chief executive.
“With attendees from North America and Asia, PRIME will complement Hawaii’s efforts to capitalize on the interest in our state as we prepare for the upcoming Asia Pacific Economic Cooperation (APEC) Leaders’ meeting in November,” McCartney said.
Many of PRIME’s participants are from countries who are members of APEC.
Last year 35,000 room nights were booked as a result of PRIME, and some 20,000 room nights are still pending, Murray said.
“This year we hope to generate even more business,” Murray said, adding that PRIME returns $17 for every $1 spent.
Starwood Hotels & Resorts has already signed a deal with Chinese-based Sea Trips to handle partial bookings for the tour company, when it brings charters to Hawaii from August to October, said Kelly Sanders, Sheraton Waikiki’s general manager.
“They’ll be bringing 600 people or so per week on two flights from Shanghai to Honolulu,” Sanders said. “This will be very good for Hawaii and for Starwood.”
PRIME will help Hawaii benefit from the rebound in the U.S. corporate meetings and incentive market that began in October and has continued to now, said Bruce MacMillan, president and chief executive of Meeting Professionals International, whose keynote today lent industry credibility to PRIME.
The U.S. corporate meetings market began to plunge in November 2008 and by the following February, its worst month, had dropped 42 percent, MacMillan said.
“The timing of this event couldn’t be better for Hawaii.”
Friday, June 10, 2011
Maui’s May 2011 Market Statistics
Maui May 2011 Sales Statistics
Brief Maui Statistics Overview:
May’s Sales Volume – May’s Residential Sales declined to 70 homes sold, while Condo Sales declined to 111 units sold. Land sales came in at 14 lots sold, unchanged from April.
May’s Median SALES prices – Home median prices declined to $421,500, while Condo median prices rose to $349,000. Land median price dipped to $275,000.
Days on Market for Residential homes = 138 DOM, Condos = 199 DOM, Land = 175 DOM.
(General DOM Note: this is the average DOM for the properties that SOLD. If predominantly OLD inventory sells, it can move this indicator upward, and vice versa. RAM’s Days on Market are calculated from List Date to Closing Date [not contract date]. As such, it includes approximately 60 days of escrow time.) Also – Short Sales transactions can often take 4-6 months to close thereby extending the
marketplace’s average DOM.
Year to Date: Comparing January-May 2011 to January-May 2010 – Residential unit sales rose (+4%), average sold price = $732,560 (-5%), median price = $450,000 (-2%) and total dollar volume sold = $262,989,019 (-2%). This reflects the bump up last year due to 2009-2010 Federal Tax Credit programs and 2011 numbers will probably catch up as the year progresses. Condo unit sales decreased (-4%), average sold price = $524,454 (-33%), median price = $325,000 (-24%). Total Condo dollar volume sold = $283,729,505 (-35%).
Land – NOTE: Land Lot sales are such a small sampling that statistics in this property class are not necessarily reliable indicators. Land lot sales decreased (-11%), average sold price = $564,471 (+13%), median price = $315,000 (-41%), Total dollar volume = $35,200,351 (+1%).
Also, total sales for immediately past 12 months: Residential = 827, Condo = 1,130, Land = 120.
May 11, 2011 – Active/Pending/Contingent status inventory:
June May April Mar. Feb. Jan. Dec. Nov. Oct. Sept. Aug. July June
Homes 917 935 958 964 953 963 974 976 1,001 981 994 1,008 1,007
Condos 1,159 1,203 1,305 1,331 1,379 1,383 1,371 1,347 1,394 1,455 1,503 1,412 1,423
Land 532 547 554 557 566 569 601 596 601 620 604 601 591
Current Absorption Rate base on this month’s Active inventory divided by May Sales is:
Residential = 13.1 months, Condo = 10.4 months, Land = 38 months.
IN A NUT SHELL…… the good, the bad….. AND THE ROAD AHEAD ……
Strong buyer-showing activity is now evidenced in actual reported sales. Residential and Condo unit sales for
March – May show sustained increase over the previous six months. The next few months will reveal if this is just
an uptick or a trend that lasts. Inventories have declined somewhat over the past 12 months and include many
short sales and REO (bank owned) properties which will need to be absorbed as sales before we can move
ahead to a more normal marketplace. Interest Rates are remaining near historic record lows which may help
motivate would-be Buyers to go ahead and buy IF they can qualify. Current World and US events will have ripple
effects on cost of living, consumer confidence, and eventually our Real Estate Market.
FOR SELLERS: Sellers who don’t really need to sell (just “fishing?”) should stay off the market, and clear the
marketplace for those who REALLY have to sell. UNLESS- you are motivated to Upsize, Downsize or
Upgrade – While selling now will net less, your next property will cost less. Sharpen your pencil, talk to
your CPA and Realtor® to explore the hidden benefits or consequences. Make no assumptions that will
sting later.
To be successful, Sellers need to beat competing properties with better property condition, REALISTIC pricing,
good marketing, and flexible, creative terms (Seller Second Loan, Agreement of Sale, Lease-with-option-to-buy,
and Sale-with-lease-back to seller). Days on Market figures show that properties priced right will sell in a
reasonable timeframe. “Priced Right” is still the determining factor.
BEST Deals are selling, everything else is getting old.
Pro-Active Sellers are getting their properties appraised, inspected and surveyed in advance to encourage
knowledgeable offers from realistic Buyers. This can prevent unanticipated escrow fallout or Buyers whittling your
price down during the transaction when previously unknown facts come to light. Unrealistic Sellers continue to
be ignored by the market and miss current opportunities that later become woefully apparent. They may even
end up in a Short Sale or Foreclosure situation that could have been avoided.
FOR BUYERS: Low interest rates may start to inch up. Buyers should get Pre-Approved so they can shop in
confidence (fewer last minute disappointments due to non-funding loans).
More “short-sales” and foreclosures are happening in the marketplace, yet they can be less of a bargain than they
seem, requiring more hurdles to leap and more time (often 4-6 months) to close, if at all.
Be prepared, but BE REALISTIC. Lenders are much more stringent in requirements for loan approval.
First-Time Home Buyers – Many programs are available….. Attend a First-Time Home Buyers workshop, get
familiar with the process, get qualified/approved, do your homework to get your own home. Many current owners
never thought they would be able to own until they attended a workshop, discovered they could own a home,
and are glad they did.
This low point in the market is your rare chance, so check it out carefully.
For specific questions or to discuss the market in more detail please contact The Hansen Ohana any time at (808)879-3667.
Brief Maui Statistics Overview:
May’s Sales Volume – May’s Residential Sales declined to 70 homes sold, while Condo Sales declined to 111 units sold. Land sales came in at 14 lots sold, unchanged from April.
May’s Median SALES prices – Home median prices declined to $421,500, while Condo median prices rose to $349,000. Land median price dipped to $275,000.
Days on Market for Residential homes = 138 DOM, Condos = 199 DOM, Land = 175 DOM.
(General DOM Note: this is the average DOM for the properties that SOLD. If predominantly OLD inventory sells, it can move this indicator upward, and vice versa. RAM’s Days on Market are calculated from List Date to Closing Date [not contract date]. As such, it includes approximately 60 days of escrow time.) Also – Short Sales transactions can often take 4-6 months to close thereby extending the
marketplace’s average DOM.
Year to Date: Comparing January-May 2011 to January-May 2010 – Residential unit sales rose (+4%), average sold price = $732,560 (-5%), median price = $450,000 (-2%) and total dollar volume sold = $262,989,019 (-2%). This reflects the bump up last year due to 2009-2010 Federal Tax Credit programs and 2011 numbers will probably catch up as the year progresses. Condo unit sales decreased (-4%), average sold price = $524,454 (-33%), median price = $325,000 (-24%). Total Condo dollar volume sold = $283,729,505 (-35%).
Land – NOTE: Land Lot sales are such a small sampling that statistics in this property class are not necessarily reliable indicators. Land lot sales decreased (-11%), average sold price = $564,471 (+13%), median price = $315,000 (-41%), Total dollar volume = $35,200,351 (+1%).
Also, total sales for immediately past 12 months: Residential = 827, Condo = 1,130, Land = 120.
May 11, 2011 – Active/Pending/Contingent status inventory:
June May April Mar. Feb. Jan. Dec. Nov. Oct. Sept. Aug. July June
Homes 917 935 958 964 953 963 974 976 1,001 981 994 1,008 1,007
Condos 1,159 1,203 1,305 1,331 1,379 1,383 1,371 1,347 1,394 1,455 1,503 1,412 1,423
Land 532 547 554 557 566 569 601 596 601 620 604 601 591
Current Absorption Rate base on this month’s Active inventory divided by May Sales is:
Residential = 13.1 months, Condo = 10.4 months, Land = 38 months.
IN A NUT SHELL…… the good, the bad….. AND THE ROAD AHEAD ……
Strong buyer-showing activity is now evidenced in actual reported sales. Residential and Condo unit sales for
March – May show sustained increase over the previous six months. The next few months will reveal if this is just
an uptick or a trend that lasts. Inventories have declined somewhat over the past 12 months and include many
short sales and REO (bank owned) properties which will need to be absorbed as sales before we can move
ahead to a more normal marketplace. Interest Rates are remaining near historic record lows which may help
motivate would-be Buyers to go ahead and buy IF they can qualify. Current World and US events will have ripple
effects on cost of living, consumer confidence, and eventually our Real Estate Market.
FOR SELLERS: Sellers who don’t really need to sell (just “fishing?”) should stay off the market, and clear the
marketplace for those who REALLY have to sell. UNLESS- you are motivated to Upsize, Downsize or
Upgrade – While selling now will net less, your next property will cost less. Sharpen your pencil, talk to
your CPA and Realtor® to explore the hidden benefits or consequences. Make no assumptions that will
sting later.
To be successful, Sellers need to beat competing properties with better property condition, REALISTIC pricing,
good marketing, and flexible, creative terms (Seller Second Loan, Agreement of Sale, Lease-with-option-to-buy,
and Sale-with-lease-back to seller). Days on Market figures show that properties priced right will sell in a
reasonable timeframe. “Priced Right” is still the determining factor.
BEST Deals are selling, everything else is getting old.
Pro-Active Sellers are getting their properties appraised, inspected and surveyed in advance to encourage
knowledgeable offers from realistic Buyers. This can prevent unanticipated escrow fallout or Buyers whittling your
price down during the transaction when previously unknown facts come to light. Unrealistic Sellers continue to
be ignored by the market and miss current opportunities that later become woefully apparent. They may even
end up in a Short Sale or Foreclosure situation that could have been avoided.
FOR BUYERS: Low interest rates may start to inch up. Buyers should get Pre-Approved so they can shop in
confidence (fewer last minute disappointments due to non-funding loans).
More “short-sales” and foreclosures are happening in the marketplace, yet they can be less of a bargain than they
seem, requiring more hurdles to leap and more time (often 4-6 months) to close, if at all.
Be prepared, but BE REALISTIC. Lenders are much more stringent in requirements for loan approval.
First-Time Home Buyers – Many programs are available….. Attend a First-Time Home Buyers workshop, get
familiar with the process, get qualified/approved, do your homework to get your own home. Many current owners
never thought they would be able to own until they attended a workshop, discovered they could own a home,
and are glad they did.
This low point in the market is your rare chance, so check it out carefully.
For specific questions or to discuss the market in more detail please contact The Hansen Ohana any time at (808)879-3667.
Wednesday, June 8, 2011
Great Home in Kamaole Heights
Great Price! Great Location! Great Property!
Incredible opportunity calling. This freshly painted and well maintained property features a great single level 3 bedroom, 2 bathroom floor plan in the main home with an attached 500 sf 1 bedroom, 1 bathroom ohana with it’s own entrance upstairs.
The large and level backyard offers many options including gardening, room for a pool, plenty of room for children to play or just sit back and enjoy the mature fruit trees. Kamaole Heights is a fantastic South Kihei neighborhood close to Kamaole I beach and Kamali’i Elementary school. Additional conveniences include nearby shopping and restaurants. This property is easy to see and priced to sell.
Easy to show on short notice. Contact Clint Hansen, (S), 808.280.2764 for private viewing.
Incredible opportunity calling. This freshly painted and well maintained property features a great single level 3 bedroom, 2 bathroom floor plan in the main home with an attached 500 sf 1 bedroom, 1 bathroom ohana with it’s own entrance upstairs.
The large and level backyard offers many options including gardening, room for a pool, plenty of room for children to play or just sit back and enjoy the mature fruit trees. Kamaole Heights is a fantastic South Kihei neighborhood close to Kamaole I beach and Kamali’i Elementary school. Additional conveniences include nearby shopping and restaurants. This property is easy to see and priced to sell.
Easy to show on short notice. Contact Clint Hansen, (S), 808.280.2764 for private viewing.
Wednesday, June 1, 2011
Delays in Act 48 Processing May Mean A Freeze On Many New Foreclosures of Owner Occupant Hawaii Properties
Law’s delay halts foreclosures
The required state dispute resolution program has not been set up, slowing many repossessions
By Andrew Gomes
Article from: Star Advertiser
It will be several months until a key consumer-protection provision of Hawaii’s overhauled foreclosure law can be used. But there has been one immediate impact: a freeze on many new foreclosures and auctions of homes owned by occupants.
The new law, which took effect earlier this month, did not prescribe a foreclosure moratorium, but the law prohibits lenders from holding nonjudicial foreclosure auctions until borrowers have an opportunity to participate in a dispute resolution program.
The dispute resolution program, a pivotal piece of the law, is slated to begin operating by Oct. 1. So in effect, existing foreclosure cases between owner-occupants and lenders are on hold for up to five months.
Several hundred to a couple thousand auctions of owner-occupant homes could be frozen, based on a rough estimate derived from RealtyTrac foreclosure data.
Some 365 homes have been repossessed by lenders each month on average this year through April, according to the real estate research firm.
The law also is hindering lenders from starting some new foreclosure cases until the state is ready with the dispute resolution program. This could postpone hundreds of foreclosure filings over the next few months.
The freeze stands to affect many, but not all, auctions and new foreclosure cases.
Only nonjudicial foreclosures against homeowners who have lived in their homes for a minimum 200 consecutive days are eligible to participate in the dispute resolution program.
Excluded are judicial foreclosure cases, which represent a small minority of home foreclosures, and cases involving commercial property, time shares and homes owned by investors. Foreclosures initiated by condominium or homeowner associations are also exempt from this aspect of the law.
The freeze, to be sure, is temporary. But it’s not yet clear how lenders and borrowers will proceed with foreclosures under the law once all of its parts go into effect.
The law, Act 48, was enacted May 5 when Gov. Neil Abercrombie signed Senate Bill 651. The law gives owner-occupants in nonjudicial foreclosure an option to force lenders or mortgage servicers to engage in face-to-face or teleconferenced dispute resolution overseen by a professional facilitator before a foreclosure can be completed with an auction of the property.
UNDERSTANDING DISPUTE RESOLUTION
A key provision in Hawaii’s new foreclosure law is dispute resolution. Below are details about borrower participation:
>> Participation is limited to owner-occupants of residential property under nonjudicial foreclosure. (Nonjudicial foreclosures happen when lenders pursue foreclosure outside court, which is the case for most home foreclosures in Hawaii.)
>> Owner-occupants must reside at the property for a minimum 200 consecutive days.
>> Owners of time shares, vacation homes and commercial property aren’t eligible.
>> Participation is optional and isn’t expected to be right for people who are jobless or otherwise can’t pay a reasonably restructured mortgage.
>> If a homeowner doesn’t elect dispute resolution, the foreclosure may proceed. If not participating in dispute resolution, a homeowner may convert a nonjudicial foreclosure to a judicial foreclosure by filing a petition with state Circuit Court by Aug. 15 for existing cases or within 30 days after receiving a foreclosure notice.
>> If a qualified homeowner elects dispute resolution, the lender must participate.
>> Participating homeowners must receive counseling from a certified housing or finance counselor before the dispute resolution meeting.
>> Homeowners are required to provide income and loan documentation as well as records of any loan modification efforts.
>> The program costs $300 for a participating homeowner.
>> Existing foreclosure cases that haven’t already resulted in a property auction must be refiled and will be subject to dispute resolution.
>> Lenders will be required to notify borrowers and the state Department of Commerce and Consumer Affairs of nonjudicial foreclosure cases. The agency will then send information to homeowners about the dispute resolution program.
>> Lenders can’t file such notices until the program is set up. It could be Oct. 1 before the program is running.
>> Once the program is running, DCCA will take no longer than 20 days after receiving a dispute resolution application to set a date, time and place for a dispute resolution session run by a trained mediator. Session will be scheduled within 30 to 60 days unless an alternate date is agreed to mutually.
>> Dispute resolution session shall be no more than three hours but may be extended by one additional three-hour session at the facilitator’s discretion.
>> If parties reach an agreement, foreclosure is terminated.
>> If parties don’t reach an agreement, foreclosure resumes.
Another part of the law allows borrowers to convert a nonjudicial foreclosure to a judicial foreclosure overseen by a judge.
Industry observers say it will be interesting to see how use of the law plays out — especially regarding how many borrowers use the dispute-resolution tool and whether lenders avoid it by turning to judicial foreclosure.
State officials are working to set up the dispute resolution program.
The Department of Commerce and Consumer Affairs will run the program with help from the Judiciary.
Under the law, lenders must send foreclosure notices to DCCA in addition to borrowers, and after that the agency will send borrowers information about the dispute resolution program.
Once a borrower receives a notice from DCCA, he or she has 30 days to decide whether to seek dispute resolution. If the borrower opts to participate, the borrower must consult with a housing or credit counselor, and the agency has 20 days to schedule a meeting between the borrower, lender and a trained neutral mediator. Attorneys and counselors may attend the meeting, which is limited to one or two three-hour sessions.
Because of the deadlines, dispute resolution professionals, or mediators, must be ready for cases once DCCA begins accepting notices. So DCCA isn’t accepting foreclosure notices from lenders yet.
The agency is hiring a specialist to administer the program but isn’t estimating when it might be ready to accept foreclosure notices from lenders. The law requires the program be operating no later than Oct. 1.
The Judiciary will contract to provide mediators for the program. The Judiciary already works with mediators under its Alternative Dispute Resolution program designed to help mitigate all kinds of disputes without litigation.
The Judiciary’s Alternative Dispute Resolution program contracts with Mediation Centers of Hawaii Inc., a statewide nonprofit coalition of five mediation organizations, under a $390,000 contract.
A similar setup could be arranged for the foreclosure program. The cost for the new program will be mostly paid for by user fees, and is designed to be financially self-sufficient.
Homeowners and lenders participating in the program must each pay $300. Lenders must pay an additional $250 into the program fund each time they start a nonjudicial foreclosure. A new $100 fee also was added to any purchase of owner-occupied homes that are sold through nonjudicial foreclosure.
To prime the fund and start running the program, DCCA is advancing $400,000 from its general operating fund to pay for the program administrator, an office assistant, mediation services and other expenses.
Typically, mediators working in the Judiciary’s Alternative Dispute Resolution program volunteer their time. Mediators include a large number of attorneys and other business professionals often with expertise in specific subject areas of disputes. The foreclosure mediation program will require special training for mediators, though mediation industry representatives believe there are enough mediators to handle the anticipated extra demand.
Hawaii’s largest mediation firm, Mediation Center of the Pacific, has about 200 volunteer mediators, according to Tracey Wiltgen, executive director of the firm and administrator of the coalition.
It’s hard to estimate how many borrowers will elect to participate in foreclosure mediation. In cases where a homeowner can’t pay even a reasonably reduced mortgage payment, mediation won’t make sense. Some idea of participation can be gleaned from a program in Nevada largely used as a model for Hawaii’s program.
Nevada has the worst foreclosure problem in the country, with foreclosure affecting 1 out of every 11 households in that state last year.
From July 2009, when Nevada’s program was launched, through June 2010, borrowers sought dispute resolution in 11 percent of foreclosure cases, representing 8,738 mediation efforts. In 46 percent of completed mediations, borrowers were able to stay in their home, according to Nevada judiciary officials.
If Hawaii has a similar experience, close to 1,370 borrowers might opt for dispute resolution, resulting in 630 staying in their homes. There were 12,425 foreclosure cases in Hawaii last year, according to RealtyTrac.
Of course, several factors stand to sway results, including differences in unemployment rates, property values, owner-occupant ratios and the extent of exotic, or nontraditional, loans in Hawaii compared with Nevada.
One major difference with Nevada’s program is that it allows borrowers or lenders to have mediation decisions reviewed by a judge.
“We call our program mediation with a kick,” said Michael Sommermeyer, quality assurance manager for Nevada’s foreclosure mediation program.
Hawaii’s program doesn’t provide for judicial review, but borrowers can convert a nonjudicial foreclosure to a judicial foreclosure that is overseen by a Circuit Court judge. This option is anticipated to be used by borrowers who contend a lender is improperly foreclosing, and is not available if a borrower chooses dispute resolution.
The Judiciary adopted a petition form and temporary rules May 18 and is accepting conversion petitions.
Local foreclosure attorneys say lenders are carefully reviewing the law and studying their options. Some attorneys suspect lenders might sidestep the dispute resolution program by avoiding nonjudicial foreclosure in favor of judicial foreclosure.
Judicial foreclosures typically take longer and cost more, in part because legal documents and attorneys are involved. But one potential benefit for lenders is that they can seek to have borrowers pay any difference between what they owe and what a lender receives from selling their home. This is known as a deficiency judgment and can be collected long after foreclosure.
Deficiency judgments historically had not been pursued in Hawaii nonjudicial foreclosure cases, and are explicitly prohibited by the new law.
Lenders might deem the added expense of a judicial foreclosure worth it if they can collect big enough deficiency judgments.
There was no spike in judicial foreclosures in Nevada, but Nevada law allows deficiency judgments in nonjudicial foreclosure cases.
State Rep. Bob Herkes, who along with Sen. Rosalyn Baker was a chief architect of Hawaii’s foreclosure reform bill, said the issue of lenders shifting to judicial foreclosures and deficiency judgment claims was a concern, but that he has no idea how serious the possibility might be.
Sommermeyer, the quality assurance manager for Nevada’s foreclosure mediation program, said initial predictions by lenders that doom and gloom would result from Nevada’s law haven’t proved true.
Supporters of Hawaii’s law generally believe lenders will embrace the new nonjudicial foreclosure requirements and work with borrowers more closely to avoid foreclosure where it’s possible.
Stephen Levins, director of the state Office of Consumer Protection, believes that timetables under the dispute resolution program could actually speed up loan modification cases and resolve bad loans — either through restructuring or foreclosure — more quickly, which would benefit everyone.
If the dispute resolution program starts by Oct. 1, the first lender-borrower meetings are expected to start Jan. 1. The law calls for the program to expire Sept. 30, 2014.
The required state dispute resolution program has not been set up, slowing many repossessions
By Andrew Gomes
Article from: Star Advertiser
It will be several months until a key consumer-protection provision of Hawaii’s overhauled foreclosure law can be used. But there has been one immediate impact: a freeze on many new foreclosures and auctions of homes owned by occupants.
The new law, which took effect earlier this month, did not prescribe a foreclosure moratorium, but the law prohibits lenders from holding nonjudicial foreclosure auctions until borrowers have an opportunity to participate in a dispute resolution program.
The dispute resolution program, a pivotal piece of the law, is slated to begin operating by Oct. 1. So in effect, existing foreclosure cases between owner-occupants and lenders are on hold for up to five months.
Several hundred to a couple thousand auctions of owner-occupant homes could be frozen, based on a rough estimate derived from RealtyTrac foreclosure data.
Some 365 homes have been repossessed by lenders each month on average this year through April, according to the real estate research firm.
The law also is hindering lenders from starting some new foreclosure cases until the state is ready with the dispute resolution program. This could postpone hundreds of foreclosure filings over the next few months.
The freeze stands to affect many, but not all, auctions and new foreclosure cases.
Only nonjudicial foreclosures against homeowners who have lived in their homes for a minimum 200 consecutive days are eligible to participate in the dispute resolution program.
Excluded are judicial foreclosure cases, which represent a small minority of home foreclosures, and cases involving commercial property, time shares and homes owned by investors. Foreclosures initiated by condominium or homeowner associations are also exempt from this aspect of the law.
The freeze, to be sure, is temporary. But it’s not yet clear how lenders and borrowers will proceed with foreclosures under the law once all of its parts go into effect.
The law, Act 48, was enacted May 5 when Gov. Neil Abercrombie signed Senate Bill 651. The law gives owner-occupants in nonjudicial foreclosure an option to force lenders or mortgage servicers to engage in face-to-face or teleconferenced dispute resolution overseen by a professional facilitator before a foreclosure can be completed with an auction of the property.
UNDERSTANDING DISPUTE RESOLUTION
A key provision in Hawaii’s new foreclosure law is dispute resolution. Below are details about borrower participation:
>> Participation is limited to owner-occupants of residential property under nonjudicial foreclosure. (Nonjudicial foreclosures happen when lenders pursue foreclosure outside court, which is the case for most home foreclosures in Hawaii.)
>> Owner-occupants must reside at the property for a minimum 200 consecutive days.
>> Owners of time shares, vacation homes and commercial property aren’t eligible.
>> Participation is optional and isn’t expected to be right for people who are jobless or otherwise can’t pay a reasonably restructured mortgage.
>> If a homeowner doesn’t elect dispute resolution, the foreclosure may proceed. If not participating in dispute resolution, a homeowner may convert a nonjudicial foreclosure to a judicial foreclosure by filing a petition with state Circuit Court by Aug. 15 for existing cases or within 30 days after receiving a foreclosure notice.
>> If a qualified homeowner elects dispute resolution, the lender must participate.
>> Participating homeowners must receive counseling from a certified housing or finance counselor before the dispute resolution meeting.
>> Homeowners are required to provide income and loan documentation as well as records of any loan modification efforts.
>> The program costs $300 for a participating homeowner.
>> Existing foreclosure cases that haven’t already resulted in a property auction must be refiled and will be subject to dispute resolution.
>> Lenders will be required to notify borrowers and the state Department of Commerce and Consumer Affairs of nonjudicial foreclosure cases. The agency will then send information to homeowners about the dispute resolution program.
>> Lenders can’t file such notices until the program is set up. It could be Oct. 1 before the program is running.
>> Once the program is running, DCCA will take no longer than 20 days after receiving a dispute resolution application to set a date, time and place for a dispute resolution session run by a trained mediator. Session will be scheduled within 30 to 60 days unless an alternate date is agreed to mutually.
>> Dispute resolution session shall be no more than three hours but may be extended by one additional three-hour session at the facilitator’s discretion.
>> If parties reach an agreement, foreclosure is terminated.
>> If parties don’t reach an agreement, foreclosure resumes.
Another part of the law allows borrowers to convert a nonjudicial foreclosure to a judicial foreclosure overseen by a judge.
Industry observers say it will be interesting to see how use of the law plays out — especially regarding how many borrowers use the dispute-resolution tool and whether lenders avoid it by turning to judicial foreclosure.
State officials are working to set up the dispute resolution program.
The Department of Commerce and Consumer Affairs will run the program with help from the Judiciary.
Under the law, lenders must send foreclosure notices to DCCA in addition to borrowers, and after that the agency will send borrowers information about the dispute resolution program.
Once a borrower receives a notice from DCCA, he or she has 30 days to decide whether to seek dispute resolution. If the borrower opts to participate, the borrower must consult with a housing or credit counselor, and the agency has 20 days to schedule a meeting between the borrower, lender and a trained neutral mediator. Attorneys and counselors may attend the meeting, which is limited to one or two three-hour sessions.
Because of the deadlines, dispute resolution professionals, or mediators, must be ready for cases once DCCA begins accepting notices. So DCCA isn’t accepting foreclosure notices from lenders yet.
The agency is hiring a specialist to administer the program but isn’t estimating when it might be ready to accept foreclosure notices from lenders. The law requires the program be operating no later than Oct. 1.
The Judiciary will contract to provide mediators for the program. The Judiciary already works with mediators under its Alternative Dispute Resolution program designed to help mitigate all kinds of disputes without litigation.
The Judiciary’s Alternative Dispute Resolution program contracts with Mediation Centers of Hawaii Inc., a statewide nonprofit coalition of five mediation organizations, under a $390,000 contract.
A similar setup could be arranged for the foreclosure program. The cost for the new program will be mostly paid for by user fees, and is designed to be financially self-sufficient.
Homeowners and lenders participating in the program must each pay $300. Lenders must pay an additional $250 into the program fund each time they start a nonjudicial foreclosure. A new $100 fee also was added to any purchase of owner-occupied homes that are sold through nonjudicial foreclosure.
To prime the fund and start running the program, DCCA is advancing $400,000 from its general operating fund to pay for the program administrator, an office assistant, mediation services and other expenses.
Typically, mediators working in the Judiciary’s Alternative Dispute Resolution program volunteer their time. Mediators include a large number of attorneys and other business professionals often with expertise in specific subject areas of disputes. The foreclosure mediation program will require special training for mediators, though mediation industry representatives believe there are enough mediators to handle the anticipated extra demand.
Hawaii’s largest mediation firm, Mediation Center of the Pacific, has about 200 volunteer mediators, according to Tracey Wiltgen, executive director of the firm and administrator of the coalition.
It’s hard to estimate how many borrowers will elect to participate in foreclosure mediation. In cases where a homeowner can’t pay even a reasonably reduced mortgage payment, mediation won’t make sense. Some idea of participation can be gleaned from a program in Nevada largely used as a model for Hawaii’s program.
Nevada has the worst foreclosure problem in the country, with foreclosure affecting 1 out of every 11 households in that state last year.
From July 2009, when Nevada’s program was launched, through June 2010, borrowers sought dispute resolution in 11 percent of foreclosure cases, representing 8,738 mediation efforts. In 46 percent of completed mediations, borrowers were able to stay in their home, according to Nevada judiciary officials.
If Hawaii has a similar experience, close to 1,370 borrowers might opt for dispute resolution, resulting in 630 staying in their homes. There were 12,425 foreclosure cases in Hawaii last year, according to RealtyTrac.
Of course, several factors stand to sway results, including differences in unemployment rates, property values, owner-occupant ratios and the extent of exotic, or nontraditional, loans in Hawaii compared with Nevada.
One major difference with Nevada’s program is that it allows borrowers or lenders to have mediation decisions reviewed by a judge.
“We call our program mediation with a kick,” said Michael Sommermeyer, quality assurance manager for Nevada’s foreclosure mediation program.
Hawaii’s program doesn’t provide for judicial review, but borrowers can convert a nonjudicial foreclosure to a judicial foreclosure that is overseen by a Circuit Court judge. This option is anticipated to be used by borrowers who contend a lender is improperly foreclosing, and is not available if a borrower chooses dispute resolution.
The Judiciary adopted a petition form and temporary rules May 18 and is accepting conversion petitions.
Local foreclosure attorneys say lenders are carefully reviewing the law and studying their options. Some attorneys suspect lenders might sidestep the dispute resolution program by avoiding nonjudicial foreclosure in favor of judicial foreclosure.
Judicial foreclosures typically take longer and cost more, in part because legal documents and attorneys are involved. But one potential benefit for lenders is that they can seek to have borrowers pay any difference between what they owe and what a lender receives from selling their home. This is known as a deficiency judgment and can be collected long after foreclosure.
Deficiency judgments historically had not been pursued in Hawaii nonjudicial foreclosure cases, and are explicitly prohibited by the new law.
Lenders might deem the added expense of a judicial foreclosure worth it if they can collect big enough deficiency judgments.
There was no spike in judicial foreclosures in Nevada, but Nevada law allows deficiency judgments in nonjudicial foreclosure cases.
State Rep. Bob Herkes, who along with Sen. Rosalyn Baker was a chief architect of Hawaii’s foreclosure reform bill, said the issue of lenders shifting to judicial foreclosures and deficiency judgment claims was a concern, but that he has no idea how serious the possibility might be.
Sommermeyer, the quality assurance manager for Nevada’s foreclosure mediation program, said initial predictions by lenders that doom and gloom would result from Nevada’s law haven’t proved true.
Supporters of Hawaii’s law generally believe lenders will embrace the new nonjudicial foreclosure requirements and work with borrowers more closely to avoid foreclosure where it’s possible.
Stephen Levins, director of the state Office of Consumer Protection, believes that timetables under the dispute resolution program could actually speed up loan modification cases and resolve bad loans — either through restructuring or foreclosure — more quickly, which would benefit everyone.
If the dispute resolution program starts by Oct. 1, the first lender-borrower meetings are expected to start Jan. 1. The law calls for the program to expire Sept. 30, 2014.
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