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NEWS- Going once: Area foreclosures up-- but it could be worse

published May 1, 2008


This house that sold at auction belongs to mortgage broker Chris Prang, who advises homeowners to avoid making late payments on their mortgages but was unable to follow that advice himself.
PHOTO BY WILL WALKER


On the day that the Prang home was sold at auction, Chris Prang posted credit scoring tips on his mortgage blog.


"How big is too big?" That was the question posed by the Hook two years ago on this Earlysville house, whose owners owe over $570,000.
FILE PHOTO BY ROSALIND WARFIELD-BROWN

A small crowd gathered in front of the Albemarle County Courthouse April 17 to watch two houses go on the auction block. With the number of foreclosures rising all over the country, such scenes are daily occurrences in many cities. What was unusual about these?

For starters, the owners of the houses were into lenders for at least half a million each, and one of them belongs-- uh, belonged-- to a mortgage broker.

"The first six years I was doing this, it was rare to have one over $200,000," recalls auctioneer Phyllis White. "I had one in Farmington, one in Glenmore. Then the money became easier."

White has been handling foreclosure auctions for eight years for Samuel I. White, the Virginia Beach-based law firm her father started in 1950. Back then, she says, he did real estate closings and wills with the help of two or three people. She says business "mushroomed" after the firm took on a few foreclosures.

"Now it's our main business," she says. "Now it's a firm of over 200 people."

The April 17 auction was pretty typical for White, an Albemarle resident who travels around the western region for the firm. "Often, no one shows up," she says. She has regulars who do, but they weren't among the seven who came to Court Square for these two sales.

First up was a house at 524 Allen Road in Earlysville. It's been on the market for two years, and in fact was the subject of a Hook "On the Block" feature in 2006 when it was listed for $739,500. By last summer, the price had dropped to $685,900. Today the 4,100-square-foot house on nearly four acres is assessed at $595,400.

Bargain-hunters who frequent courthouse sales have learned that they can be iffy propositions. For a variety of reasons, an auction can be canceled at the last minute.

"The owner has up to that moment to pay off with a cashier's check or declare bankruptcy," explains White. "They call to get the reinstatement figure. That happens regularly."

But not this time. As the clock struck 11:30, White, in an ankle-length dress, quietly called the small crowd to attention and asked for an opening bid of $574,281. 

"That's a lot higher than the list price," noted a hat-wearing man. The foreclosure notice had indicated the borrower owed $547,500.

Statewide, White has seen a rise in the number of foreclosures. "I think last year we had double the previous year," she says.

As for the Charlottesville area, "I've seen a couple more here, but generally it's very minimal," White says, especially compared to places like Culpeper or Prince William County. Real estate blogger Jim Duncan agrees that the number of Charlottesville foreclosures is not "catastrophic" like other areas, but they're having an impact on prices of nearby houses. If a house is foreclosed for a $250,000 debt, he says, it's going to be hard to list one for $350,000 in the same neighborhood. 

Back in Court Square, Phyllis White asks again, "Is there anyone going to bid?" 

No response. The bank takes the house.

Next up is 5015 Meadowlark Court in the Foxwood Forest neighborhood in northern Albemarle County. Here, the owner owes $500,000 on the first deed of trust. But this time there are two additional liens on the property-- $150,000 on a second deed of trust and $75,000 on a third note, a credit line, according to Albemarle County records.

"If they're not there to defend it, they lose it," says White of such lien holders.

Lenders have allowed the owner to pile more than $725,000 in debt on a property assessed by the county at only $691,200. But the real shocker is the owner's vocation: he's Chris Prang, a mortgage broker.

"It was really bad timing for us," says Prang. "We had bought a house a Wintergreen and dumped a lot money in it. Then there was the news about mortgages--" news that affected Prang's own business.

Prang works out of his house for Carteret Mortgage; he says his mortgage consulting is geared toward the Christian community and home schoolers, which is what his wife does with their three children.

"I try to do things above-board," says Prang.

Their original loan was with American Home Mortgage, the once high-flying firm that flamed out last August with a sudden bankruptcy and put about 7,000 Americans out of work. Then things went bad for the Prangs after they used their equity-- or what they thought was their equity-- to finance another business venture: buying houses and fixing them up.

"I had another foreclosure," Prang admits. "I had perfect credit until recently."

He advises homeowners in over their heads to avoid late payments, but he admits that's easier said than done. He suggests that people unable to keep up with their payments try something called a "deed in lieu of foreclosure," in which, with approval, they simply give the house back to the bank.

"It's not as harmful to your credit as a foreclosure," he says, but concedes, "I'm in the business, and I didn't know about it."

Another option is a listing forbearance, what Prang describes as asking the bank, "Can you give me a break while I try to sell it?"

He also recommends staying in touch with the bank, and he points out that the Piedmont Housing Alliance offers services to people in trouble. PHA, a HUD-approved housing counseling agency, has seen a 174 percent increase in calls for help since 2007, according to PHA's Shelley Murphy. If the back payments are curable, she'll negotiate with lenders and provide advice on making changes in the budget-- for free. 

"They're sitting there and know they can't make that payment," she says. "They need to make that call. Virginia is one of the fastest states in the country to foreclose. They can do it within 45 days. That's serious."

Prang is mortgage savvy, and yet he says, "There was nothing else I could have done." 

He and his wife bought their house for $650,000 in 2005 and converted the garage to boost it to 5,000 square feet, the biggest house in the neighborhood. They listed it a year ago for $800,000, then $775,000, and finally, $699,000 a few weeks ago, less than what they owe on the three mortgages.

"I could have come current," confesses Prang. "I have the money. But that meant dumping a lot of money in a house losing value."

And he says if he had sufficient funds, he wouldn't pour them into buying a house now. "Why take the chance to buy something that a year from now could be worth a lot less?"

Prang isn't in favor of current plans for the government to bail people out of bad investments. He personally didn't want government help in avoiding foreclosure.

"In the long run, I'm going to be okay," he says. "I know my credit has been dinged, but I know how to repair it."

In front of the Courthouse, White is on the phone, and she tells the small crowd that the reserve on the Prangs' first mortgage is $516,135. That higher number can include missed payments and the auctioneer's fee, she explains.

As with the day's first auction, there are no bids. Mortgage broker Chris Prang and his wife Andrea have just lost their home. The holder of the first mortgage gets the house, while the two other note-holders get nothing.

"This is not fun for anyone to go through," says Prang. "We're Christians, and we feel God has a plan, and it's all going to work out."

He promises they'll leave the house in good condition. And next for the family?

"When I get off the phone with you," he tells a reporter, "I'm going to the packing store and get some boxes." 

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Great story!!! I wish you can tell us more about foreclosures. What happens to the properties that banks did sell during these auctions? I observed a couple of Albemarle auctions and most properties went to the banks as they provided the highest bids above the debt amounts. Why banks are not selling to the highest bidder among the public? Why they keeping properties to themselves? Are they also in denial regarding housing bubble?

posted by linda at 5/1/2008 4:50:13 PM

correction:

What happens to the properties that banks did NOT sell during these auctions?

posted by linda at 5/1/2008 4:52:08 PM

Where's the personal responsibility here?

posted by jprice vincenz at 5/2/2008 8:56:49 AM

"Oh, I could pay my debts, but I'd rather keep the money. P.S., I checked, and it's fine with God."

Just maybe these kids should go to a public school, where they can learn concepts like honoring contracts and morality.

posted by Jeff at 5/2/2008 10:13:37 AM

Prang doesn't know as much as he thinks. A "deed in lieu" is just as bad for your credit as a foreclosure. How do I know? Let's just say I know my way around a credit score.

Second, as a Christian (whatever) I assume he's familiar with "Thou Shall Not Steal." Well Prang, how else are we to interpret this...

"I could have come current," confesses Prang. "I have the money. But that meant dumping a lot of money in a house losing value."

You admit that you've stolen from your lender, period.

Sad, very sad.

http://johnulzheimer.com/

posted by John Ulzheimer at 5/2/2008 2:30:02 PM

Banks bid the balance of the loan & that is also the reserve. As most folks are underwater, i.e. they have negative equity, the bank takes the property due to the technically failed auction. Then they turn around and retain a RE agent who then sells it on the open market for the best price they can. If that fails then they put it out for a standard auction (this is different from a foreclosure auction). Going to the highest bidder but again they may have a reserve. Banks sell properties "as is" and one needs to be careful to insure you are not stuck with a damaged property with possibly multiple liens on it from other creditors.

posted by Joe at 5/2/2008 4:49:25 PM

Let's hope the banks read this article, and go after Prang's money. Apparently he's got plenty.

posted by Jeff at 5/2/2008 4:54:14 PM

Regardless of how much you owe on your home, the mortgage companies should still work with you on an affordable plan instead of going foreclosure. In my case they said they could not which is foolish in my opinion.

posted by Tony at 5/2/2008 7:41:22 PM

I think Prang makes real Christians look bad !

I would like to know more about these auctions ... the foreclosures, the standard auctions, etc.

posted by Deb at 5/4/2008 8:52:19 AM

All these comments about Prang's "morality" or lack thereof are clueless and hopelessly naive.

He signed a business contract, not a marriage contract!

He has the right to bail out. It's a BUSINESS DECISION people!

Business people do the same thing to us when they take contracts to the very edge of legality on their side. For example do an LBO (leveraged buyout), cancel their health insurance, rape their pension funds, layoff as many employees as possible, outsource and offshore the whole thing, and finally run the whole thing into bankruptcy, cashing out the whole operation.

If we are to talk specifically of the mortgage and finance industry, banks suckered people with incessant marketing, misleading numbers, and encouraging what are now known as "Liar Loans."

The entire industry LIED to people, telling them that home prices would only go up, never down. Now they expect government to back up their lies with bailouts and subsidies.

WAKE UP SUCKERS! If you are underwater and it makes financial sense to bail out, JUST DO IT!

Many people can rent for far less money and save the money for a better future. Or else they can spend the next 2-4 years, maybe even more under some scenarios, working themselves to death FOR THE BANK--GETTING NO EQUITY IN RETURN.

Make the decision that makes sense for you--don't listen to these bogus morality arguments.

posted by Matt Sommer at 5/5/2008 2:19:12 PM

I don't understand how Mr. Prang could "have the money" and not keep his family from losing their home. My gut tells me that he made poor financial decisions and ended up in this mess. There is NO way he could've stopped this from happening - I don't believe he has the money. Why on earth would he damage his reputation as a mortgage lender and have his children lose their family home simply because he didn't want to put money into the home that he feels has lost value?

The home did NOT lose value - if he would've just held on to the home for another year or two, he'd have made money on the home instead of going in the hole. And aside from that, if he hadn't taken out two more liens against the home, we wouldn't be here discussing this situation today.

I'm disappointed in this lender and know that I would not go to him for advice.

posted by savvylady at 5/5/2008 7:03:10 PM

You need to read the article more carefully Lady. Prang wanted out of the home, he put it up for sale a year ago.

To sell at the $699,000 he asked last, he has to put up $25,000 cash to cover the mortgages, plus 3% if he sells through a realtor, another $21,000.

He was willing to lose $47,000 to save his credit and his rep, but that wasn't enough. How much would you spend for that? $100,000? $200,000?

The fact is the home HAS lost value, maybe that value will return in two years, maybe it won't, but very unlikely not in one year.

Sure he made poor financial decisions, he drank the same kool-aid he was selling.

Linda: The reason banks are not letting properties go cheaply, for whatever the market will pay, is that that helps to establish a market value for ALL the comparable loans that bank has in the area. It can devalue their entire loan asset portfolio in that area in a process known as "Mark to Market."

Then they may have to come up with more cash for their Loan Loss Reserves, and the loans they have packaged up and sold or pledged to others as collateral (Securitization) lose value and can be downgraded.

These issues have shutdown many mortgage companies and operations. See a list of them here (255 since 2006 at this time):

http://ml-implode.com/index.html#lists

posted by Matt Sommer at 5/5/2008 11:08:41 PM

I know this isn't exactly the point of the story, but I wanted to reply to Matt Sommer's claim that this discussion is about a business decision that is uninformed by morality. To me it seems that if there are such things as moral standards, they must affect our everyday lives, even the "business" decisions we make.

Matt, you said, "Make the decision that makes sense for you--don't listen to these bogus morality arguments." So what if it makes sense for me to tell my elderly widowed neighbor that I just noticed the shed that's been in her backyard for 50 years actually crosses the property line? But that I'm willing to not take her to court if she'll write me a check for $100? Some might call this "dishonest" but if she writes me the check isn't it really her fault for not doing all her homework? The risk of her turning me in is low enough that I think it makes "financial sense" for me to at least try this.

Or are things somehow different when the person/people that lose out can be written off as nameless and faceless entities of big business?

posted by MB at 5/6/2008 2:08:59 PM

Matt, I appreciate your response but still think that there needs to be some personal accountability here. I think if you make your bed, you need to lie in it. The home should've been priced aggressively to sell to keep foreclosure from happening - it doesn't matter what a seller needs to get out of a home. It is only worth what someone is willing to pay for it.

It was Mr. Prang's own doing that he took out an additional two liens against the property - and it isn't as if he wasn't in tune with the downward spiral of the current market in Charlottesville.

He made a big mistake, and that mistake has cost him dearly - what is that worth? $100K, $200K? How much is one's own reputation worth? How much does it cost to salvage it?

posted by savvylady at 5/6/2008 3:01:55 PM

Personal accountability... hmmm... and what form does the accountability of the banks and real-estate industry take?

MB, this IS the point of the article. Why do you think they chose Prang as the subject, as opposed to the majority of foreclosures where the owners have no way of making the payments? This is a hot topic, often referred to as "Jingle Mail." Extremely odd that the article doesn't mention the term anywhere.

The industry is fearful of this idea getting legs, but now Jingle Mail has a spokesman. Baseball star Jose Canseco just walked away from his multi-million dollar home, because "It didn't make sense."

Both posters above are saying the little people should play by a strictly moral set of rules, while business plays by their completely amoral set of rules. That is completely unfair, but it has long been used as a basis of exploitation for a long long time, and I am saddened every time I see someone buying into it.

Don't try to say Prang is not one of the "little people." Anyone with less $1 million liquid cash, a lawyer on retainer, and a budget of less than $100,000/yr for political lobbying is one of the little people. The fact that middle class people are being foreclosed on homes in the $400,000 to $1M range is in some sense putting them in the same boat as less wealthy and supposedly less educated people with their subprime mortgages.

So, all I am advocating is that the parties on both sides play by the same rules. It is hard to imagine that anybody here doesn't have an idea of the rules of big business. They refer to themselves as bulls, bears, and sharks. Or warriors, reprinting Sun Tzu's "Art of War" with commentaries adapting it to business.

If it is cheaper to litigate and pay off a few dozen people a year getting burned in a poorly designed vehicle than to fix the design flaws, well, which option did Ford Motors choose (in both the 70's and the 90's)? There are endless similar examples.

Does that sound like the little old lady next door? How about the crack dealer next door? He gives out free samples to get people started... the mortgage equivalent is called a "0% Down Pay Option ARM," the latest most deadly form of financial crack. Get the seller to pay all the closing costs and you are getting people into homes with nothing more than a signature.

Did you know that the FBI is now investigating a number of mortage companies, including the #1 subprime broker, Countrywide Financial? It is because their fraudulent predatory lending practices are simply too blatant to continue to ignore. These "faceless people" you are worried about in these companies passed around memos on how to game the system to get loans for people who didn't qualify, and hid the details of how the loans could bite them later, saying, oh you just refinance in a couple years.

Pardon my fury, I don't mean to take it out on you personally. I am glad you brought it up so I have this opportunity to share this information.

posted by at 5/6/2008 5:07:27 PM

No offense taken, and I appreciate your point of view. I think we actually agree, as you say, "that the parties on both sides play by the same rules." Where mortgage companies have lied and deceived, we absolutely need to do all we can to hold them responsible. All I'm saying is that we can't decide to stop playing by the rules just because we see others doing so, whether we call them "little people" or not. Either we really do have moral standards, or else they're just guiding principles that work some of the time and can be discarded when inconvenient.

posted by MB at 5/6/2008 8:51:10 PM

Your name is LARRY

posted by dsmith1765 at 5/20/2008 9:30:59 AM
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