Complex Mortgages Complicate Issue Of Ownership In Foreclosures

June 24th, 2008

Usually, when distressed homeowners abandon a property when they are unable to keep up with mortgage payments, the lender takes over possession. The home is then rapidly disposed of through foreclosure auctions so that the losses are minimised and unpaid dues recovered.

Recently however, more and more abandoned houses are being shunned by the lenders too and foreclosure on them is being deliberately delayed. Experts are intrigued by this situation and are trying to find plausible explanations for it.

While city officials feel that lenders are avoiding taxes and upkeep, legal aid lawyers are of the view that this may be a way of hiding steep losses. The real estate industry puts it down to lenders being overwhelmed by the sheer numbers of foreclosures.

Experts however are narrowing down the cause to complex mortgages taken out during the housing boom a few years ago. Many loans taken at that time were broken down and repackaged into securities. These were then sold to investors both within the country and internationally. Quite often the investors would have little knowledge about the house itself, preferring to treat it as just one more figure.

Several large banks too invested in these securities and took on the role of trustees with no legal title of ownership.

In Kansas City, the European Deutche Bank is recorded as the lender in over 360 properties that have undergone foreclosure. John Gallagher, spokesperson for the bank, points out that it is not the responsibility of the bank to foreclose and subsequently dispose of the properties. Instead, this duty lies with the initial lender or a service company which has been hired for the purpose.

The complexity of the situation has made it very difficult to determine which party is responsible for what as regards the foreclosed property. Experts estimate that sometimes it can take several months to figure out who the real lender is …and that name may not even feature in the official court or county records!

Kim Tucker, president of the Mid-America Association of Real Estate Investors, illustrates this point saying, “Sometimes there are so many layers to go through, the house gets lost….I bought a house last summer. There was a foreclosure, and it took six months to find the owner.”

On a national level this trend of home ownership lying in limbo is not a cause for undue worry. But in regions where this is actually taking place, financial observers are concerned. They see the trend slowly spreading and fear that this will lead to official foreclosure figures not really reflecting the situation on the ground.