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Old 13th May 2008, 17:40   #1 (permalink)
TaffR
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Default Sub Prime Mortgages & Repossessions - How it Really Works

As part of this strategy, Capstone now receive monthly credit bureau data from
Experian to identify borrowers that may be showing the initial signs of financial distress
allowing it to direct additional resources to these borrowers.
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Old 14th May 2008, 10:08   #2 (permalink)
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Default Re: possession order on my house

Just to let everyone know....I have this morning had brief conversations with the BBC and last week ITN. Who knows, maybe we can make a little difference.
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Old 14th May 2008, 12:09   #3 (permalink)
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Default Re: possession order on my house

sorry...incredible ...it was dated 10 April 2007 and not 2008 but I will now get the results of this consultation and compare (hold them to account) to the current poor practices and services subprime lenders receive.

Taff R
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Old 14th May 2008, 12:11   #4 (permalink)
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Default Re: possession order on my house

10 April 2007??

With sub-prime mortgage lenders in the United States in the midst of somewhat of a crisis, the Financial Services Authority (FSA) wants to make sure that UK borrowers who secure sub-prime loans - either through convenience or because that is their only option - are being treated with fairness by lenders. The FSA’s inquiry follows its look last year at traditional mortgage lenders. In that investigation, the FSA found that borrowers shop around for the best deal on a mortgage than they did in the past and that they are better informed about the process involved in mortgages.
The main concern of the FSA in the current investigation is to determine that that its regulations aimed at sub-prime lenders are protecting borrowers. It will look at how borrowers are treated from the time they apply for the loan until it is paid off, and will also include examination of how borrowers who get behind on their payments are dealt with. This is especially applicable to the sub-prime market, considering that these mortgages often go to people with poor credit histories who have no other options when it comes to buying a house and that interest rates on sub-prime loans are typically higher than interest paid on traditional mortgages.
The FSA plans to complete its investigation of sub-prime lenders by the end of the year. It says that the inquiry could result in stricter rules on sub-prime lending.
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Old 14th May 2008, 13:00   #5 (permalink)
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Default Re: possession order on my house

I am not sure if I can answer this fully and again I am not an expert in any of these fields and everyone's case is different.

I can suggest:

Take this information to the CAB
Take the attachments to the CAB
Go to the FREE Local Law Centre - show them this information adn ask them to accompany you to court

How long has your arrears built up and how many missed payments?
What personal action have you taken to come to an arrangment with the 'lender' Grrr!
Have you restarted paying the normal mortgage payments?
Have you paid or attempted to pay anything back on a regular basis towards the arrears (judges like this)
Send a repayment plan direct to their soilicitors and them before the court case is heard
Put this in your defence papers also?
You may find also that in the claimanents papers they may not have filled in it correctly for example they will leave blank sometimes your repayment record etc and if this is good it supports your good conduct and responsibility you show to debts
Ask them the questions I posed previously so to show the courts their inability and unwillingness to help and their attitudes to helping?
Show if you can how they have ignored your efforts to come to an arrangment?
Have a repayment plan with you when you go to court
Tell them of your efforts of making an arrangment with them but (and if this is the case) have been ignored (they do not employ mortgage advisors)
Show the CAB this:
Citizens Advice response to MoJ mortgage repossession figures
At court show that you have tried everything to be responsible in these matters but no matter how hard you try they ignore (they have too) you
Mention that you wish to resolve these matters and it should never have had to come to court had they treated you fairly and sympathetcialy as per CML rules
Mention the norgen case (judges like to hear a point of law) and ask if this can now be afforded to you (remember the lender/solicitors are very reluctant to admit they are not set up to offer this solution

Never be nervous and come over with solid plans (proveable if possible) of your maturity and intentions to resolvge these matters. Look the judge right in the eye and be calm.

ASK for a 'stay' for the repossession (normally they will ask for 28 days) so that you have time to get back on your feet

Draft a one page statement with all the main headings (include in your defecne papers too if you can) that will keep you on track when you speak about how you got into this situation, how you will get out of it and everytning else we discussed.

If I think of anything else then I will post

TaffR

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Old 14th May 2008, 13:22   #6 (permalink)
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Default Re: possession order on my house

BBC NEWS | Business | The US sub-prime crisis in graphics

Interesting reading and a diagram of the difference between normal mortgaes and the subprime markets
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Old 14th May 2008, 13:40   #7 (permalink)
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Default Re: possession order on my house

KMC...dimised now considering there is no new business out there today...wrote:

How sub-prime lending is changing

5 April, 2006

Ian Giles explains the growth of the specialist lending sector and argues that ‘sub-prime’ is no longer the correct term to use for the new non-standard borrower



Not so long ago the only choices available to the borrower who didn’t fit mainstream lenders’ standard criteria were ‘take it or leave it’. Now the specialist mortgage sector has developed into such a rich and sophisticated marketplace that customers can find a product to suit virtually every lending situation.
The modern specialist sector is a result of forward-thinking lenders realising that they had to become more customer-focussed and create products that met the needs of their borrowers. A greater level of customer understanding is not only vital in developing the right mortgages; it is also important for mortgage brokers to ensure they recommend the most suitable products for their clients.
Today the specialist sector accounts for £60 billion worth of lending in the UK – just over 20 per cent of total mortgage lending – and it is growing. A report published last year by Datamonitor, the business intelligence analyst, estimated that more than nine million people struggle to get a mortgage from a mainstream lender, which is around a quarter of the UK’s adult population.
Changing circumstances
The reason the specialist sector is growing so quickly is that more people are finding themselves in situations that are deemed ‘non-standard’ by prime lenders. In the past, this would have usually meant credit issues, but now ordinary people like you and me are going through the kind of changes that happen every day, yet can have an impact on prime lending criteria.
Circumstances such as a change of employment or marital status can mean that a borrower could find it hard to get a prime mortgage. At Kensington, we have compiled a composite of the average specialist customer. They are male, early 40s, divorced, self-employed, earning either in the region of £35k or £40k and looking for £130k mortgage.
So even mortgage brokers that have never previously thought of themselves as non-standard intermediaries are now realising that they need the knowledge and access to a full scope of specialist solutions if they are to be able to help their clients.
When considering what products are best suited to their specialist clients, brokers should take into account four key factors; employment status, personal circumstances, income and affordability, and finally credit history. All of these factors should be considered in every customer situation but, with specialist lending, it is important to get a detailed understanding of how they impact on the borrower’s situation, as this the only true way of assessing their credit risk.
For example, a prime lender may turn down a newly self-employed person because they don’t have the necessary three years’ accounts. However, that person may well be embarking on a career as a consultant and could have a guaranteed contract in the bag. Intermediaries need to know there are specialist providers out there that will not just reject the client out-of-hand, but will instead look closely at the situation and make a common sense lending decision.
Understanding and flexibility
There are currently around three and a half million self-employed people in the UK, with around 300,000 new entrepreneurs joining their ranks each year. They also make up a large chunk of the customer base of UK brokers, according to Datamonitor. Research by the firm found that two-thirds of intermediaries have at least 25 per cent of their customer base made up by self-employed clients, with a quarter of advisers saying that at least half of all their clients are self-employed.
What a self-employed person wants, particularly in the very early years of trading, is understanding from their lender and some flexibility in their mortgage. For instance, many seasonal businesses have periods where income is strong followed by times when earnings are not so high. An ideal product for them would be a mortgage that enables them to make overpayments during the good times, and then draw on that pot of money to make underpayments when income is not so strong. Alongside the growth in self-employed people, there has also been a major change in UK working practices, with many people now employed on short-term and temporary contracts, or working as freelancers and interim managers. These jobs options could range wildly in terms of income and security, but invariably their status puts them outside of prime mortgages.


The same could be true of so-called ‘portfolio working’, which may sound glamorous but actually means somebody working two or three or more different jobs, either to fit in with their lifestyle or to be able to guarantee a decent income. In addition many employees work in jobs that provide a basic salary with the opportunity to earn large bonuses, so they also have income patterns that place them outside of the norm.
People working in such circumstances do not want to be penalised because they have moved from job-to-job or because they have a spread of different income streams. What they need is a specialist lender that will take a considered view of their payment records and credit history and offer them a competitive mortgage.
Employment status will make up an important part of a customer’s personal circumstances, but this can be more than just income. For example, the number of divorcees who are specialist borrowers is more than double that found among mainstream customers. A divorce can have a major impact on a person’s credit status, perhaps because the separation has been costly and left them with debts, or because they have never held a mortgage in their own name before.
Again, just being divorced does not suddenly make a person a greater credit risk, but all too often it can mean they will find it difficult to qualify for a mainstream mortgage. The same goes for all manner of borrowers with different or complex needs, like renters that have moved from address-to-address and are now looking for a first-time mortgage, supporting right-to-buy customers getting on the property ladder or helping a buy-to-let investor build their property portfolio.
A sharper focus
In terms of income and affordability, mortgage regulation has brought sharp focus to this very important area. For specialist lenders this means being realistic about all the elements that make up an application, such as loan-to-value (LTV), multiple incomes from sources like a property portfolio or a pension.
Underwriting criteria for specialist lenders is often more flexible and pragmatic, so non-standard mortgage providers are more likely to take into account the borrower’s entire situation before making a decision, rather than being restricted to the narrow criteria that prime lenders often rely upon.
The same approach is applied to credit history, which, after all, forms the foundation from which the current specialist-lending sector has grown. In the early 1990s when people with poor credit histories struggled to get a decent mortgage deal, it was the specialist lenders that came along with an alternative based on competitive products and good service. Those principles remain today, particularly as the number of insolvencies in the UK begins to grow again. It is important that customers that have suffered from credit problems are able to find a competitive deal and get their mortgage and credit history back on track. Some fall foul of credit problems that are either historical, fairly minor, or, in some cases, caused by a former partner, but for which they continue to be penalised.
The situation is worsened by the strict credit scoring that most prime lenders employ – a ‘Catch 22’ that will reject anything that is not a scrupulously clean and prevent the customers from getting a decent deal to be able to rebuild their credit rating. Specialist lenders on the other hand make it their job to look beyond basic credit scores and assess the borrower on more relevant criteria.
Incorrect and insulting
So being a ‘specialist’ customer is not quite as unusual as many people would have you think. In fact the number of specialist borrowers that have non-standard factors such as being divorced or self-employed, far outweigh the number of customers with credit problems. These are the borrowers we would traditionally have called ‘sub-prime’, but as you can tell from the range of people that now regularly fall into the specialist mortgage category, to call them sub-prime is both incorrect and insulting.
Brokers intuitively have a great understanding of their clients and their clients’ needs, it is what makes intermediaries so important to specialist lenders. Now, with specialist lenders displaying the same level of customer understanding, those brokers have the tools and products available to ensure they can provide their clients with the right mortgage every time. Ian Giles is marketing director at Kensington Mortgages
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Old 14th May 2008, 14:38   #8 (permalink)
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Default Re: possession order on my house

Dear Janette,

The last paragraph mentions:

The report claimed that sub-prime lenders were less willing than most mainstream mortgage lenders to negotiate with their borrowers who had gone into arrears. It also compared the current rate of repossession actions in county courts to those of the repossession crisis in the early 1990’s.

However, as you will be observing that subprime lenders have securitised and packaged the mortgages and sold to an investor on the bonds market and is held in a SPV entity. It is not the case that they are 'unwilling' but totally unable to negotiate new terms or agreements with borrowers. The structure does not allow them too as you will see by the research document sent you earlier. This is a myth to protect the reputation of these lenders and the market.

Roy

Repossessions Dominated By Sub-prime Market Official figures reveal the number of repossessions is on the rise with sub-prime lenders bringing in more than half of all repossession orders.


Accounting for just 6% of all UK mortgages, the sub-prime market offers loans to people with poor credit histories. Figures published last week unveiled a dramatic rise in the number of repossessions for 2007, with 27,000 repossessions taking figures to an eight-year high. Analysts are not painting a prettier picture for this year either.

BBC Radio Five Live's ‘Wake up to Money Programme' carried out a research project examining some 1,200 repossession orders going through 18 county courts in January of this year. More than 10% of these cases were discovered to have been brought forward by sub-prime lenders owned by Lehman Brothers, a US investment bank.

The percentage of repossessions from sub-prime origin was found to be considerably high. Although some court actions did not result in property repossession, sub-prime lenders claim that default rates amongst their customers will naturally be higher due to their bad credit histories.

While Southern Pacific Mortgage Limited (SPML) and Preferred Mortgages had 148 cases amongst those under research, they maintained that the majority reached settlement without the need for repossession.

On behalf of SPML a spokesperson said, "The figures are not based on possession claims hearings and are therefore not representative of actual repossessions, which are a lot lower."

He added, "Of proceedings started, where solicitors become involved, five out of six are resolved without having recourse to repossession."

In defence of GE Money and GMAC-RFC, two of the UK's largest sub-prime lenders, a spokesman stated, "It should come as no surprise that those lenders dealing with borrowers who have past credit problems are likely to have to deal with more cases of default amongst their borrowers. Therefore comparing lenders like GMAC-RFC with high street lenders is a bit like comparing apples and pears."

Both GE Money and GMAC-RFC were discovered to have over 100 repossession orders alike from the 1,200 being researched.

As for mainstream lenders, building societies Britannia and Bradford & Bingley were both seen to be over using the courts in relation to their market share of mortgages. Likewise Northern Rock was also considered to be a heavy dealer in the number of repossession orders issued over the past year.

But once again in defence, a spokesperson for the Rock said, "We continue to treat our borrowers fairly and in the light of their individual circumstances, repossession is used as a last resort."

He said, "Our policy of forbearance is borne out by the fact that the number is lower than might be expected from our market share. Once again it is worth repeating that not all actions lead to possession."

The BBC's research was a similar study carried out in January of last year; the details of which were included in a recent report issued by the Citizens Advice Bureau. The report claimed that sub-prime lenders were less willing than most mainstream mortgage lenders to negotiate with their borrowers who had gone into arrears. It also compared the current rate of repossession actions in county courts to those of the repossession crisis in the early 1990’s.
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Old 14th May 2008, 16:47   #9 (permalink)
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Default Re: ***If you have a mortgage then this is for you***

Quote:
Originally Posted by midge61 View Post
So from reading the above (I'm half way through) this means that Capstone are the administrators for SPML my mortgage is only a debt and I haven't a cat in hells chance of renegotiating my mortgage terms!
Hi Midge,

I really couldnt say as I dont know your contract but I would be intrigued by their response if you asked them:

Can you modfy the T & C of my contract?
What facilties do have for borrowers who may be experiencing difficulties and do you employ FSA authorised mortgage advisors (without which they cannot change the T & C of the contract).

Any holiday payment, capitilisation of arrears etc is a form of lending.

They (Capstone) say in a recent research paper conducted by Barclays into the servicing of subprime morgages that they have already started to modfy some subprime contracts.

I have actually only this week asked them to explain why they are receiving monthly credit reports from Experian on their borrowers...as this is totally illegal in the UK without first a person applying for a form of credit and they should always leave a 'footprint' to show you, who has searched and why.

They (the servicers) are only now talking about ways of modifying these contracts as a result of he media attention and already coming up with more devious methods that do not in reality provide any benefit to the borrower (more lip service nonesense). I will upload this document later and again borrowers (the public) should not see this. You will see the aggressive arrears management and lip service nonesense throughout the process but no where will you see any benfits to the borrower.

TaffR

Last edited by TaffR; 14th May 2008 at 17:00.
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Old 14th May 2008, 17:31   #10 (permalink)
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Default Re: ***If you have a mortgage then this is for you***

Thank you.

I cannot say one way or another whether your specific mortgage was securitised or not (but prob was). The contract will stand as you signed it.

My information here is never to worry anyone but to instigate debate and hopefully help where ever it it is pertinent. This is a very complex sector.

Sometimes they sell on the whole mortgage is sold on and sometimes retention of the adminstration (servicing) is kept by the orginator of the mortgage.

Capstone are regarded in this industry as a special servicer...(more than just a call centre operation)....

Commonly, the definitions are:
2

��
Primary servicing: Responsible for the day-to-day administration of mortgage loans, from collections to every-day queries.

��
Special servicing: Manages mortgage loans that are in arrears, or in default, encompassing legal actions and foreclosure procedures.

��
Master servicing: Does not have direct borrower contact but monitors the performance of the primary and special servicer and ensures that accurate reporting and service level agreements are upheld. Master servicing is also required to manage the process in the event of termination of one of the primary or special servicers.
These definitions are debated widely within the industry and rating agencies acknowledge that their definitions may differ slightly from servicers themselves, as they break up the process into definable portions to allow a suitable rating to be applied for each servicing discipline. Also, having spoken to some servicers, differences in opinions emerged. One servicer classed special servicing when loans had moved to 1+ days in arrears, while another, when borrowers were 90+ days in arrears.

I retain the right to be wrong. My intentions here is to provide information that is all but people must make their own judgements and enquiries.

Normally what happend is that you sign the acceptance form with Company 1 and a few weeks or so later a letter will be sent to advise you that your mortgage has been sold and to you (mostly it will say in the contract if it is FSA regulated in the msall print of course) and then you will get another letter (same day post really) from the new company.

I just know that there is so much people do not know that is all.

TaffR

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Old 14th May 2008, 18:15   #11 (permalink)
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Default Re: ***If you have a mortgage then this is for you***

Citizens Advice Head of Consumer Policy officer Sue Edwards said:
“We have seen a very sharp rise in the number of people coming to us with mortgage arrears*, and evidence that in too many case lenders are using court action as a first rather than a last resort.
“Many Citizens Advice Bureaux run county court advice desks, providing eleventh hour advice to homeowners at risk of repossession. Research has shown that getting advice – even at this late stage – can help the majority of people come to a workable agreement with their mortgage lender and save their homes, so we very much welcome the government’s announcement of more money for court advice desks.
“But we want to see all lenders doing everything in their power to avoid things getting to this stage. This means treating borrowers in arrears fairly and sympathetically, and being willing to negotiate with borrowers in trouble. Our evidence shows that all too often this isn't happening, which is why we need a 'pre-action protocol' - measures to ensure only those cases where no agreement is possible end up in court.”


Sad they don't know isn't it!!

Citizens Advice response to MoJ mortgage repossession figures

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Old 14th May 2008, 18:16   #12 (permalink)
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Default Re: possession order on my house

Citizens Advice Head of Consumer Policy officer Sue Edwards said:
“We have seen a very sharp rise in the number of people coming to us with mortgage arrears*, and evidence that in too many case lenders are using court action as a first rather than a last resort.
“Many Citizens Advice Bureaux run county court advice desks, providing eleventh hour advice to homeowners at risk of repossession. Research has shown that getting advice – even at this late stage – can help the majority of people come to a workable agreement with their mortgage lender and save their homes, so we very much welcome the government’s announcement of more money for court advice desks.
“But we want to see all lenders doing everything in their power to avoid things getting to this stage. This means treating borrowers in arrears fairly and sympathetically, and being willing to negotiate with borrowers in trouble. Our evidence shows that all too often this isn't happening, which is why we need a 'pre-action protocol' - measures to ensure only those cases where no agreement is possible end up in court.”


Sad they don't know isn't it!!

Citizens Advice response to MoJ mortgage repossession figures
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Old 14th May 2008, 18:20   #13 (permalink)
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Default Re: possession order on my house

Okay...the document they don't want you to see...see attached.

Any questions please just ask and if I can answer I will try my best.

TaffR
Attached Files
File Type: pdf BARCAP-RMBSServicing2008.pdf (294.9 KB, 36 views)
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Old 14th May 2008, 18:23   #14 (permalink)
TaffR
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Watch out, there are Claims Touts about!

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Default Re: ***If you have a mortgage then this is for you***

The document they would not want you to see...if I can answer any questions I will try my best.
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File Type: pdf BARCAP-RMBSServicing2008.pdf (294.9 KB, 25 views)
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Old 14th May 2008, 20:25   #15 (permalink)
TaffR
Classic Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: May 2008
Posts: 300
TaffR Novitiate
Default Re: redstone mortgages

again...the subprime market admissions...and how it really works and their real attitudes to borrowers.
Attached Files
File Type: pdf BARCAP-RMBSServicing2008.pdf (294.9 KB, 13 views)
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