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A transparent foreclosure marketplace reveals hidden equity

Mortgage servicers typically employ the specified credit bid approach when the estimated market value of the property is less than the total debt owed. With no perceived equity in the property, the lender lowers the credit bid below the total debt owed,..

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Over the past five years, more than $1.2 billion in potential home equity has been uncovered for distressed homeowners facing foreclosure.

That $1.2 billion is the amount of surplus funds generated by foreclosure sales on the Auction.com platform between 2016 and 2020. Surplus funds are proceeds from a foreclosure sale to a third-party buyer that are above and beyond the total debt owed to the foreclosing lender.

After first paying off any junior lien holders, surplus funds go to the distressed homeowner.

“A foreclosure sale usually represents the last chance for a distressed homeowner to benefit from any equity in a property being foreclosed,” said Ali Haralson, Auction.com president. “If a property reverts back to the foreclosing lender at the foreclosure sale and becomes real estate owned (REO), the distressed homeowner is not due any surplus proceeds from a subsequent sale of the REO property.”

The share of Auction.com foreclosure sales with surplus funds has steadily risen in recent years, hitting a new record high of 46% in 2019 before slipping slightly to 44% in 2020 — still more than twice the share of foreclosure sales with surplus funds between 2012 and 2015.

Fig1

The slight pullback in 2020 is due largely to side effects of the pandemic-induced foreclosure moratorium on government-backed mortgages in place for most of the year. The moratorium meant a disproportionately high share of foreclosures on vacant or abandoned properties — less likely to have any equity — because those properties are exempt from the moratorium.

The rising tide of a booming housing market, which has lifted all home price boats, is partially to thank for the steady rise in the share of foreclosure sales with surplus funds over the last five years. But given the intrinsically hidden nature of a foreclosure sale — before Auction.com, foreclosure sales were held at the county courthouse steps with little fanfare and minimal proactive marketing — a transparent, open marketplace for foreclosure sales has been key to ensuring all distressed homeowner equity is uncovered.

“We use Auction.com on the foreclosure side to increase the market size of the bidding process for foreclosure sales, which is very beneficial to ensure both the consumer as well as our investors receive an optimal bid for the property — before having to go into REO and maintenance the property and sell it on the market,” said Toby Wells, CEO of Specialized Loan Servicing (SLS), a mortgage servicer that services a $120 billion mortgage portfolio for 80 clients.

The increased market size Wells refers to is best demonstrated in the third-party buyer sales rate for foreclosures brought to auction on the Auction.com platform compared to the overall market. In 2020, the third-party sales rate on Auction.com was 46% — more than twice the third-party sales rate of 22% in the overall market, according to data from ATTOM Data Solutions.

Fig2

$36,000 Surplus per Sale

The full impact of a transparent foreclosure marketplace like Auction.com — which has more than 6 million registered users and a robust marketing effort— can be more clearly seen when separating foreclosure sales into the two basic credit bid strategies employed by foreclosing lenders: total debt credit bids and specified credit bids.

Before diving into those two strategies, it’s important to define credit bid in the foreclosure auction context: the credit bid represents the floor for any successful third-party bids; any winning bid must be at least $1 above the credit bid (i.e. a foreclosure sale with a $100,000 credit bid requires a winning bid of at least $100,001).

The maximum allowable credit bid at foreclosure auction is the amount of total debt owed on the defaulted mortgage. When a foreclosing lender sets this as its credit bid, it typically indicates that the lender’s estimated market value of the property exceeds the total debt owed. In other words, the property is perceived to have at least some equity, which will be realized in the form of surplus funds at the foreclosure sale if that perception turns out to be a reality.

What’s surprising is just how much surplus is being generated.

Winning bids on total debt foreclosure sales were 127% of the total debt on average over the last five years. In a non-transparent foreclosure marketplace with little or no competition from other bidders, one would expect the winning bid to come in just barely above 100%. Bidders with no competition will not be motivated to bid more than the minimum amount they need to win — $100,001 in the case of a $100,000 credit bid.

Mortgage servicers don’t directly receive any benefit to their bottom line if the winning bid is 127% of the credit bid instead of 101% of the credit bid — in either case they receive a full pay off for the total debt owed. But that 26 percentage-point lift does benefit distressed homeowners, translating into $1.1 billion in surplus funds over the last five years — an average of more than $36,000 per sale.

Fig3

Finding Nonexistent Equity

That leaves about $129 million in surplus funds generated from foreclosure sales with specified credit bids over the last five years. While this pales in comparison to the total surplus funds generated by total debt foreclosure sales, the fact that specified bid foreclosure sales generate any surplus funds at all provides even stronger evidence that a transparent foreclosure marketplace can uncover hidden home equity for distressed homeowners.

Mortgage servicers typically employ the specified credit bid approach when the estimated market value of the property is less than the total debt owed. With no perceived equity in the property, the lender lowers the credit bid below the total debt owed, believing there is little chance of recouping that total debt.  

But it turns out a transparent, competitive foreclosure marketplace can uncover home equity in the form of surplus funds for the borrower, even when it didn’t look like that was possible.  In 2020, 16% of specified credit bid foreclosure sales on the Auction.com platform generated surplus funds — up from 11% in 2019 to a new record high. For sales with surplus funds, the average surplus funds amount was $24,118 in 2020.

Fig4

In the case of specified bid foreclosure sales, a transparent foreclosure marketplace protects the financial interest of mortgage servicers, helping them to benefit in the form of full payoffs even when they misjudge the market value of a home.

Similarly, a transparent foreclosure marketplace protects home equity for distressed homeowners — in both the case of specified credit bids and in the case of total debt credit bids. The marketplace reveals and delivers that often-hidden equity in the form of surplus funds — even if the homeowner doesn’t know there is any equity, and even if the homeowner hasn’t been able to realize any known equity by selling on the retail market prior to foreclosure.

Moving the Marketplace Upstream

This of course begs the question: if more than 40% of foreclosure sales generate surplus funds, indicating equity, why aren’t more of the distressed homeowners with equity selling pre-foreclosure? Selling pre-foreclosure would not only help them walk away with money to show for that equity, but also help them to avoid the negative credit consequences of a foreclosure.

While the full answer to this question is more complex, deserving its own dedicated article, one piece of the answer ties into the discussion of a transparent and competitive marketplace. While such a marketplace exists for traditional retail properties in the form of the Multiple Listing Service (MLS), that retail marketplace does not always deliver for distressed properties.

The limitations of the traditional retail marketplace to always deliver the highest and best offer for distressed property sales have become plainly evident in recent data from the Auction.com Market Validation Program (MVP) for pre-foreclosure sales. In this program, short sales and other pre-foreclosure sales are offered for bidding in the online auction environment — in parallel to being listed on the MLS.

Over the past eight months, 55% of the pre-foreclosure properties brought to auction through MVP — while simultaneously being listed for sale on the MLS — have received a higher offer through MVP. Those winning MVP offers have averaged 19% higher — or more than $33,000 higher — than the highest offer received on the MLS.

Fig5

These results demonstrate that many distressed property buyers are not looking to the MLS first — or even at all in some cases — when searching for acquisition opportunities.

“The last one that I purchased was a short sale,” said Karen Tyler, owner/broker of Virginia Beach-based Prodigy Realty, describing her most recent investment property purchase on Auction.com. “I didn’t even know it was a short sale — listed on my own MLS — because that particular property was not something I would look for — an investment property — through the MLS. But if it’s an Auction.com property, I actually pay a little more attention to it.”  

Tyler’s experience combined with the early data from MVP indicate that there is an opportunity for a transparent and competitive marketplace to uncover hidden equity for distressed homeowners earlier in the process — before foreclosure. This will result in more distressed homeowners avoiding foreclosure and its negative credit consequences even while often walking away with cash proceeds from the sale.  

“Short sales really provide for a graceful exit from the property if the homeowner can no longer afford the mortgage,” Wells said. “So short sales are a really critical resolution, and certainly preferable to any type of foreclosure, REO, etc. If we can work with a homeowner to exit the property early, it’s beneficial for both the homeowner and the investor.”

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Key shipping company files for Chapter 11 bankruptcy

The Illinois-based general freight trucking company filed for Chapter 11 bankruptcy to reorganize.

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The U.S. trucking industry has had a difficult beginning of the year for 2024 with several logistics companies filing for bankruptcy to seek either a Chapter 7 liquidation or Chapter 11 reorganization.

The Covid-19 pandemic caused a lot of supply chain issues for logistics companies and also created a shortage of truck drivers as many left the business for other occupations. Shipping companies, in the meantime, have had extreme difficulty recruiting new drivers for thousands of unfilled jobs.

Related: Tesla rival’s filing reveals Chapter 11 bankruptcy is possible

Freight forwarder company Boateng Logistics joined a growing list of shipping companies that permanently shuttered their businesses as the firm on Feb. 22 filed for Chapter 7 bankruptcy with plans to liquidate.

The Carlsbad, Calif., logistics company filed its petition in the U.S. Bankruptcy Court for the Southern District of California listing assets up to $50,000 and and $1 million to $10 million in liabilities. Court papers said it owed millions of dollars in liabilities to trucking, logistics and factoring companies. The company filed bankruptcy before any creditors could take legal action.

Lawsuits force companies to liquidate in bankruptcy

Lawsuits, however, can force companies to file bankruptcy, which was the case for J.J. & Sons Logistics of Clint, Texas, which on Jan. 22 filed for Chapter 7 liquidation in the U.S. Bankruptcy Court for the Western District of Texas. The company filed bankruptcy four days before the scheduled start of a trial for a wrongful death lawsuit filed by the family of a former company truck driver who had died from drowning in 2016.

California-based logistics company Wise Choice Trans Corp. shut down operations and filed for Chapter 7 liquidation on Jan. 4 in the U.S. Bankruptcy Court for the Northern District of California, listing $1 million to $10 million in assets and liabilities.

The Hayward, Calif., third-party logistics company, founded in 2009, provided final mile, less-than-truckload and full truckload services, as well as warehouse and fulfillment services in the San Francisco Bay Area.

The Chapter 7 filing also implemented an automatic stay against all legal proceedings, as the company listed its involvement in four legal actions that were ongoing or concluded. Court papers reportedly did not list amounts for damages.

In some cases, debtors don't have to take a drastic action, such as a liquidation, and can instead file a Chapter 11 reorganization.

Truck shipping products.

Shutterstock

Nationwide Cargo seeks to reorganize its business

Nationwide Cargo Inc., a general freight trucking company that also hauls fresh produce and meat, filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Northern District of Illinois with plans to reorganize its business.

The East Dundee, Ill., shipping company listed $1 million to $10 million in assets and $10 million to $50 million in liabilities in its petition and said funds will not be available to pay unsecured creditors. The company operates with 183 trucks and 171 drivers, FreightWaves reported.

Nationwide Cargo's three largest secured creditors in the petition were Equify Financial LLC (owed about $3.5 million,) Commercial Credit Group (owed about $1.8 million) and Continental Bank NA (owed about $676,000.)

The shipping company reported gross revenue of about $34 million in 2022 and about $40 million in 2023.  From Jan. 1 until its petition date, the company generated $9.3 million in gross revenue.

Related: Veteran fund manager picks favorite stocks for 2024

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Key shipping company files Chapter 11 bankruptcy

The Illinois-based general freight trucking company filed for Chapter 11 bankruptcy to reorganize.

Published

on

The U.S. trucking industry has had a difficult beginning of the year for 2024 with several logistics companies filing for bankruptcy to seek either a Chapter 7 liquidation or Chapter 11 reorganization.

The Covid-19 pandemic caused a lot of supply chain issues for logistics companies and also created a shortage of truck drivers as many left the business for other occupations. Shipping companies, in the meantime, have had extreme difficulty recruiting new drivers for thousands of unfilled jobs.

Related: Tesla rival’s filing reveals Chapter 11 bankruptcy is possible

Freight forwarder company Boateng Logistics joined a growing list of shipping companies that permanently shuttered their businesses as the firm on Feb. 22 filed for Chapter 7 bankruptcy with plans to liquidate.

The Carlsbad, Calif., logistics company filed its petition in the U.S. Bankruptcy Court for the Southern District of California listing assets up to $50,000 and and $1 million to $10 million in liabilities. Court papers said it owed millions of dollars in liabilities to trucking, logistics and factoring companies. The company filed bankruptcy before any creditors could take legal action.

Lawsuits force companies to liquidate in bankruptcy

Lawsuits, however, can force companies to file bankruptcy, which was the case for J.J. & Sons Logistics of Clint, Texas, which on Jan. 22 filed for Chapter 7 liquidation in the U.S. Bankruptcy Court for the Western District of Texas. The company filed bankruptcy four days before the scheduled start of a trial for a wrongful death lawsuit filed by the family of a former company truck driver who had died from drowning in 2016.

California-based logistics company Wise Choice Trans Corp. shut down operations and filed for Chapter 7 liquidation on Jan. 4 in the U.S. Bankruptcy Court for the Northern District of California, listing $1 million to $10 million in assets and liabilities.

The Hayward, Calif., third-party logistics company, founded in 2009, provided final mile, less-than-truckload and full truckload services, as well as warehouse and fulfillment services in the San Francisco Bay Area.

The Chapter 7 filing also implemented an automatic stay against all legal proceedings, as the company listed its involvement in four legal actions that were ongoing or concluded. Court papers reportedly did not list amounts for damages.

In some cases, debtors don't have to take a drastic action, such as a liquidation, and can instead file a Chapter 11 reorganization.

Truck shipping products.

Shutterstock

Nationwide Cargo seeks to reorganize its business

Nationwide Cargo Inc., a general freight trucking company that also hauls fresh produce and meat, filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Northern District of Illinois with plans to reorganize its business.

The East Dundee, Ill., shipping company listed $1 million to $10 million in assets and $10 million to $50 million in liabilities in its petition and said funds will not be available to pay unsecured creditors. The company operates with 183 trucks and 171 drivers, FreightWaves reported.

Nationwide Cargo's three largest secured creditors in the petition were Equify Financial LLC (owed about $3.5 million,) Commercial Credit Group (owed about $1.8 million) and Continental Bank NA (owed about $676,000.)

The shipping company reported gross revenue of about $34 million in 2022 and about $40 million in 2023.  From Jan. 1 until its petition date, the company generated $9.3 million in gross revenue.

Related: Veteran fund manager picks favorite stocks for 2024

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Tight inventory and frustrated buyers challenge agents in Virginia

With inventory a little more than half of what it was pre-pandemic, agents are struggling to find homes for clients in Virginia.

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No matter where you are in the state, real estate agents in Virginia are facing low inventory conditions that are creating frustrating scenarios for their buyers.

“I think people are getting used to the interest rates where they are now, but there is just a huge lack of inventory,” said Chelsea Newcomb, a RE/MAX Realty Specialists agent based in Charlottesville. “I have buyers that are looking, but to find a house that you love enough to pay a high price for — and to be at over a 6.5% interest rate — it’s just a little bit harder to find something.”

Newcomb said that interest rates and higher prices, which have risen by more than $100,000 since March 2020, according to data from Altos Research, have caused her clients to be pickier when selecting a home.

“When rates and prices were lower, people were more willing to compromise,” Newcomb said.

Out in Wise, Virginia, near the westernmost tip of the state, RE/MAX Cavaliers agent Brett Tiller and his clients are also struggling to find suitable properties.

“The thing that really stands out, especially compared to two years ago, is the lack of quality listings,” Tiller said. “The slightly more upscale single-family listings for move-up buyers with children looking for their forever home just aren’t coming on the market right now, and demand is still very high.”

Statewide, Virginia had a 90-day average of 8,068 active single-family listings as of March 8, 2024, down from 14,471 single-family listings in early March 2020 at the onset of the COVID-19 pandemic, according to Altos Research. That represents a decrease of 44%.

Virginia-Inventory-Line-Chart-Virginia-90-day-Single-Family

In Newcomb’s base metro area of Charlottesville, there were an average of only 277 active single-family listings during the same recent 90-day period, compared to 892 at the onset of the pandemic. In Wise County, there were only 56 listings.

Due to the demand from move-up buyers in Tiller’s area, the average days on market for homes with a median price of roughly $190,000 was just 17 days as of early March 2024.

“For the right home, which is rare to find right now, we are still seeing multiple offers,” Tiller said. “The demand is the same right now as it was during the heart of the pandemic.”

According to Tiller, the tight inventory has caused homebuyers to spend up to six months searching for their new property, roughly double the time it took prior to the pandemic.

For Matt Salway in the Virginia Beach metro area, the tight inventory conditions are creating a rather hot market.

“Depending on where you are in the area, your listing could have 15 offers in two days,” the agent for Iron Valley Real Estate Hampton Roads | Virginia Beach said. “It has been crazy competition for most of Virginia Beach, and Norfolk is pretty hot too, especially for anything under $400,000.”

According to Altos Research, the Virginia Beach-Norfolk-Newport News housing market had a seven-day average Market Action Index score of 52.44 as of March 14, making it the seventh hottest housing market in the country. Altos considers any Market Action Index score above 30 to be indicative of a seller’s market.

Virginia-Beach-Metro-Area-Market-Action-Index-Line-Chart-Virginia-Beach-Norfolk-Newport-News-VA-NC-90-day-Single-Family

Further up the coastline on the vacation destination of Chincoteague Island, Long & Foster agent Meghan O. Clarkson is also seeing a decent amount of competition despite higher prices and interest rates.

“People are taking their time to actually come see things now instead of buying site unseen, and occasionally we see some seller concessions, but the traffic and the demand is still there; you might just work a little longer with people because we don’t have anything for sale,” Clarkson said.

“I’m busy and constantly have appointments, but the underlying frenzy from the height of the pandemic has gone away, but I think it is because we have just gotten used to it.”

While much of the demand that Clarkson’s market faces is for vacation homes and from retirees looking for a scenic spot to retire, a large portion of the demand in Salway’s market comes from military personnel and civilians working under government contracts.

“We have over a dozen military bases here, plus a bunch of shipyards, so the closer you get to all of those bases, the easier it is to sell a home and the faster the sale happens,” Salway said.

Due to this, Salway said that existing-home inventory typically does not come on the market unless an employment contract ends or the owner is reassigned to a different base, which is currently contributing to the tight inventory situation in his market.

Things are a bit different for Tiller and Newcomb, who are seeing a decent number of buyers from other, more expensive parts of the state.

“One of the crazy things about Louisa and Goochland, which are kind of like suburbs on the western side of Richmond, is that they are growing like crazy,” Newcomb said. “A lot of people are coming in from Northern Virginia because they can work remotely now.”

With a Market Action Index score of 50, it is easy to see why people are leaving the Washington-Arlington-Alexandria market for the Charlottesville market, which has an index score of 41.

In addition, the 90-day average median list price in Charlottesville is $585,000 compared to $729,900 in the D.C. area, which Newcomb said is also luring many Virginia homebuyers to move further south.

Median-Price-D.C.-vs.-Charlottesville-Line-Chart-90-day-Single-Family

“They are very accustomed to higher prices, so they are super impressed with the prices we offer here in the central Virginia area,” Newcomb said.

For local buyers, Newcomb said this means they are frequently being outbid or outpriced.

“A couple who is local to the area and has been here their whole life, they are just now starting to get their mind wrapped around the fact that you can’t get a house for $200,000 anymore,” Newcomb said.

As the year heads closer to spring, triggering the start of the prime homebuying season, agents in Virginia feel optimistic about the market.

“We are seeing seasonal trends like we did up through 2019,” Clarkson said. “The market kind of soft launched around President’s Day and it is still building, but I expect it to pick right back up and be in full swing by Easter like it always used to.”

But while they are confident in demand, questions still remain about whether there will be enough inventory to support even more homebuyers entering the market.

“I have a lot of buyers starting to come off the sidelines, but in my office, I also have a lot of people who are going to list their house in the next two to three weeks now that the weather is starting to break,” Newcomb said. “I think we are going to have a good spring and summer.”

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