Friday, December 21, 2007

Cold Spring couple's dream turns to nightmare

COLD SPRING - Scott Webster, 66, and his wife are entrenched in foreclosure proceedings on their home.

A local gadfly who wants the quaint village to retain its Hudson River charm and who has battled with municipal officials over development plans, Webster is a data analyst for a radio market research business. His wife, Jean Allen Webster, 60, is an antiques dealer and former comptroller for a Knight Ridder advertising sales subsidiary.

Somehow this articulate and number-savvy couple have turned a house they bought in 1984 for $122,000 into a major liability with $1.2 million in outstanding debt and a final foreclosure looming.

They are trying to sell the property for more than $800,000 and convince the courts that they do not owe all that a title researcher might uncover at the Putnam County courthouse.

The couple, married for more than 28 years, now live hundreds of miles apart.

He remains in Cold Spring. She is at a Virginia farm that the couple bought in 2005, which was what finally broke their finances and plummeted them into a budgetary tailspin. He said it has been more upsetting than he would have expected.

"I thought I was up on all this and could figure it out," Scott Webster said in his nearly empty house.

He handled most of the loan details without an attorney, and said changes from Wells Fargo, not his lack of formal legal education, caused the problem.

"There is a stigma about a foreclosure ... like being accused of a crime. It seems as if we did something really stupid. But we figured all this out as lenders encouraged us," he said, surrounded by piles of papers, a computer and fax.

The couple moved from Queens to Putnam County 24 years ago and at first glance fell in love with the five-bedroom Victorian home built in 1855. It has three fireplaces, a full basement, granite stone foundation, and period features like a claw-foot bathtub, stained-glass windows and 10-foot ceilings with plaster crown moldings.

After a bidding war, they purchased the house by taking out a fixed-rate mortgage. In 1995, they refinanced for $162,000 with a new 30-year mortgage at a fixed rate of 7.25 percent with First Union Bank, settling their original debt.

In June 2005, their financial situation got complicated when the couple sought to buy a farm property in Virginia and sell their Cold Spring home.

They knew that temporarily they might own both properties because of timing, but did not foresee the problems that lay ahead due to new financing which, instead of a standard mortgage, had to be broken into a few agreements to satisfy Wells Fargo's requirements.

They applied for what they thought was traditional refinancing; one new mortgage for $522,000. On the day they signed the papers in Fishkill, the Websters received $299,000 to purchase their new property in Dugspur, Va., plus $50,000 and the belief that their 1995 mortgage was paid.

Scott Webster said a Wells Fargo representative explained that because of the large loan amount of $522,000, it had to be split into separate agreements. They were presented with a loan for less than they had applied for, a $380,000 mortgage plus a document called a "consolidated mortgage" that was to include the original $162,000 and provide them with a $150,000 home-equity line of credit, which they could draw on if needed.

Recorded papers in the county office show the $162,000 still outstanding in addition to the $380,000, the consolidated $522,000 and the $150,000 equity line, for a total of $1,214,000. The Websters have been unable to correct the paperwork to show the $162,000 loan was paid off or that there should never have been an additional $522,000 loan. They are contending they are victims of predatory lending - sort of a bait and switch.

"We cannot get a clear title unless this debt is properly resolved," said Jean Allen Webster. "We have already lost a couple of sales as a result of this problem."

Their New York house did not sell as expected, and the Websters contend that it is due to the title problems. After they defaulted on three $4,000 payments, Wells Fargo initiated legal action Dec. 15, 2006.

"We never believed that at this point in our lives, when we should be enjoying retirement or at least semi-retirement, that we would find ourselves caught up in such a fiasco as this current mortgage-market scandal," Scott Webster wrote in a Sept. 30 letter to banking officials. "Before we got sucked into this financial mire, we had an excellent credit score of 769."

Jean Allen Webster said that once the process started, Wells Fargo was not particularly helpful. In fact, the Websters believe they are victims of "predatory lending" and plan to sue the loan company.

They have created their own Web site at www.the-cri.com/congress.htm to tell "Our Great American Nightmare!"

"We ran into financial problems and it has been one thing after another," she said. "It is really hard to focus on anything else."

Wells Fargo said it tries to help customers in trouble.

"Contacting the servicer remains the most critical step a customer should take. In 2006, 30 percent of Wells Fargo Home Mortgage customers who went into foreclosure never contacted us," Kevin Waetke, communications manager/assistant vice president for the Home & Consumer Finance Group, wrote in an e-mail to The Journal News. The company, he said, offers a toll-free number so customers can talk with a financial expert about credit management, and the expert works with customers to prevent foreclosure.

"We know that foreclosures are emotionally devastating and is an event that can take years to overcome. Despite a lender's best efforts, there will be some customers we will not be able to help," he said, adding that he was not authorized to comment specifically on any client's situation.

Sometimes a homeowner must sell the property, said Diane Chipman, co-director of the Putnam County Housing Corp, a federally funded program that advises families in financial crisis.

"People are always asking, 'Why did this happen to us?' " she said, adding she was unaware of the Websters' situation.

"It is usually a case of buyer beware. And I think it is always good to have an experienced attorney."

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Larchmont developers propose building a $51 million apartment complex in southwest Yonkers

YONKERS - Two Larchmont-based developers are proposing to build a $51 million, 12-story apartment building on Riverdale Avenue in southwest Yonkers.

Sandy Loewentheil and Ron Moelis of 326 Riverdale Owners LLC submitted their project application to the city last month and the Yonkers Planning Board began reviewing it Wednesday. The proposed 170-unit building would sit on a 1.25-acre lot encompassing lots with the addresses of 314, 320 and 326 Riverdale Ave., a block sitting between Morris and Post streets.

Moelis said that development in the city's waterfront was one of the reasons his company became interested in the area.

"Yonkers is a city where there is a lot going on," Moelis said on Friday, noting the site's proximity to public transportation and to New York City. "It really is a moderate income building that we think is going to be appealing."

Most of the building's units are studios and one-bedrooms, with 33 two-bedroom apartments.

Rental prices for the apartment units would be based on renters' incomes, and the units would target people with an income range from 60 percent of the area median income to 130 percent.

According to the federal department of Housing and Urban Development, the 2007 median income in Westchester for a one-person household is $67,550. Therefore the apartments targeting single people would seek incomes ranging from $40,530 to $87,815.

Moelis' application boasts that he and his partner have built more than 6,000 units of market-rate and affordable housing and more than 250,000 square feet of retail space in the metropolitan New York area.

The developers' projects in the Lower Hudson Valley include Sycamore Crest in Spring Valley, a 96-unit senior citizen apartment building that opened in 2001.

Another project set to open in early 2008 is The Arbor at 3620 Henry Hudson Parkway in the Bronx. The $90 million, 127-unit condominium complex sits on the former site of the Hebrew Home for the Aged in Riverdale.

Moelis' and Loewentheil's application is the latest in a number of residential buildings proposed for the area. The nonprofit housing developer Westhab intends to build a six-story, 60-unit rental apartment building at 7-17 Ludlow St. in the next two years. Remy Yonkers Property Corp. wants to build a 10-story, 86-unit condominium or apartment building at 303-307 S. Broadway.

Both of these proposal are still under review by city planning and zoning officials.

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Peekskill mom dreams of escaping subprime mortgage

Once upon a time, Judy Becker owned a spacious house in Croton-on-Hudson, with plenty of room for herself, her husband, two children and their pets.

After a divorce slashed her budget, she settled for a cramped condominium in Peekskill and began looking for her first full-time job in decades.

Now, the 60-year-old risks losing even her downsized dreams, as payments on her subprime mortgage rise beyond her means and a yearlong effort to sell her two-bedroom townhouse has yielded no offers.

"I accepted an adjustable-rate mortgage, thinking, 'I'll only be here a few years, it's just a place to land,' " she explained. "But then, the real estate market fell apart, and things just stopped selling."

A single woman with two children, Becker is facing the threat of foreclosure. Her husband handled the finances during their 19-year marriage, she said, while she focused on arranging their disabled son's treatments and care. When she decided to renovate and refinance her condo in 2005, she blindly trusted the first mortgage broker she found: New Century Mortgage, a company that went bankrupt this year, passing her loan to another lender, Carrington Mortgage Services Inc.

Her alimony stopped this year, and she began getting help from her brother and found a part-time job as a teacher's aide at Lakeland-Copper Beach Middle School in Yorktown. But she can't keep up with her rising mortgage payments, which jumped from 9.8 percent to 11.3 percent in the past year. Next month, the rate will rise to nearly 12 percent, continuing to increase every six months after that.

In October, she missed her first payment; she sent the check a few weeks later, but then missed last month's payment. Unless she finds a full-time job or gets an offer on her house - preferably both, she hopes - the cycle will continue to destroy her already-weak credit, and she could lose her home next year.

"I'm a person that likes to pay my bills," she said, shaking her head over her messy pile of financial documents. "Why isn't this banking industry, this mortgage and loan industry, more in favor of helping people stay in their homes? They don't even try to help you. They're motivated by greed."

When Con Edison cut her service in September, sympathetic neighbor Jeanette Gould, 70, came to the rescue, writing the $281.17 check that Becker said she had needed three more days to pay.

"When I was in that stage of the game, I had my power turned off once," Gould said, adding that an inheritance is the only thing that kept her from ending up in Becker's situation. "I've given her a number of small loans. She needs to find a job, and she is trying."

Prompted by her neighbor's good-natured scolding, Becker admits there are steps she could have taken to protect herself. If she could turn back time, she would pay more attention to her marital finances. She wishes she had shopped around for a better mortgage, both in 2003 and when she refinanced in 2005. She would not have spent $15,000 remodeling the condo, a decision that had seemed like a smart investment last year, given that she planned to sell.

"I just figured anything that I did was going to add to the value of the house," she said, noting that the asking price is now only $30,000 more than what she paid four years ago.

She would like to move to a cheaper area, but said the custody agreement for her 12-year-old daughter locks her into the Lower Hudson Valley or northern New Jersey. She's also weighing an unsolicited offer to refinance her mortgage, which would give her a 7.25 percent rate, with $400 less in monthly payments, but at least another $5,000 to her long-term debt.

"I'll be in the same position, but I'll have a fixed rate and a lower monthly payment, so maybe that would work until I can sell the house," she said. "It's all really scary."

Once her condo sells, she'll just have to find another house - with another mortgage. This time, though, she plans to be much more careful about what she signs.

She worries about others who haven't yet learned her lessons. Many aspiring homeowners on fixed budgets don't realize that lenders aren't worried about giving them a mortgage they can't afford, she said.

"I'm a lot more savvy than I used to be," Becker said. "These people are not your friends. They get you set up in a house, they get you all happy and stuff, and then you find out you can't pay for it. I don't understand what the sense of it is, to stick people in situations."

Ultimately, Becker considers herself a survivor - of divorce, of breast cancer, of raising a child with special needs. Most days, she's cautiously confident she can survive a bad mortgage, too.

"I would love to win the lotto," she said, chuckling. "But, in the meantime, I can't make myself crazy. I'm hoping to sell this house and buy something with a smaller mortgage. I'm basically going to be in the same spot, but I'm hoping by then I'll be working, too. I'm hopeful that things are going to work out."

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Pomona man trusted refi deals, now may lose home

POMONA — Since Mario Dorelien can remember, he has worked hard for everything. No handouts or wealthy parents here, he says with his rich trademark laugh. His four-bedroom home with front and back yards, two children in college and another working his way there, all came by the sweat of his brow.

That's why it's all the more frustrating to him that it may all end as if none of that mattered - that the tortoise and the hare meet the same fate.

In the coming months Dorelien may lose his home to foreclosure, and with it the respect of his wife and children. Dorelien says a shark-like mortgage broker steered him toward a subprime mortgage that has threatened to put his family on the street.

Dorelien moved to the United States from Haiti in 1984 with a three-year degree in electrical engineering. He put down roots in Rockland County, went back to school to study computers, got a steady job and then married and had children. As a service to his community he started a television program for Haitians, coached soccer and basketball, and did all the things he thought would help him realize the American dream.

Primary among them was buying a home. In 1999, with a down payment of 10 percent, Dorelien bought a house in Pomona with a 6 percent traditional fixed-rate mortgage. Between him and his wife, the couple were able to pay the $1,900 monthly payments.

But a series of events ate away his nest egg - his father was found to have cancer, his son had surgery, his wife lost her job.

Then, to exacerbate his problems, the roof began to leak. The leak damaged two bathrooms and the floor of the kitchen, and threatened to compromise the house's wiring.

Fixing the damage would set Dorelien back by at least $15,000. With no savings in the bank, Dorelien was considering his options when he was contacted by a mortgage company, just one of many that were flooding homeowners with offers to refinance. Grand Pacific Mortgage, an Elmsford-based company, offered to refinance his home and give him a line of credit for the repairs. The mortgage broker said it would be an adjustable-rate mortgage, but kept the details vague.

Though Dorelien speaks English and is used to technical language, he is unfamiliar with banking terms and financial transactions. Dorelien said Grand Pacific Mortgage discouraged him from hiring his own lawyer, saying it would provide him with one.

At the closing in February 2005, Dorelien didn't review the documents, so he did not see a difference in the actual loan amount. The loan officer gave him a check for $3,000, instead of the promised $15,000, and staved off protests by promising to refinance the mortgage within six months at a lower rate and without charge.

The loan cost was $19,138, including the cost of the lawyer, and Dorelien was given an adjustable-rate mortgage of 9.25 percent with a 6 percent margin that could go up by March 2007. His payment went from $1,900 to $2,625.

Edna Rivera of the nonprofit community-based housing service HOGAR, or Housing Opportunities for Growth, Advancement and Revitalization, who is now trying to help Dorelien stall foreclosure proceedings and has access to his financial history, said Dorelien's credit was good enough for him to have qualified for a 6 percent mortgage.

In retrospect, Dorelien says he didn't question Grand Pacific Mortgage because it was working for him and he believed it had his best interest in mind. Like him, its representatives were black, and they said they understood the challenges he faced.

At the second refinancing, Dorelien got $25,000 to fix his house, but his monthly payments exceeded $3,000.

Unable to pay his mounting debt, Dorelien tried to get in touch with his mortgage brokers but found that Grand Pacific Mortgage had filed for bankruptcy and closed shop. With nowhere to go, he showed up at HOGAR's door.

Rivera is trying to have Dorelien's home refinanced at an affordable rate by showing the bank that barring the recent past, he has had good credit and had always paid his bills on time.

"We need to show that he has a future ability to pay," said Rivera, sitting in her Haverstraw office with Dorelien. "We are saying, 'This is a good family. It's worth giving them a second chance.' "

As Dorelien mulls his fate, he is facing a loss that could be bigger than just his home.

Dorelien's financial decisions have torn a gaping hole in his family. He says his wife and children blame him, the head of the family, for the financial mess.

Every day six eyes bore into him accusingly, says Dorelien. "They say, 'How dare you put us in this situation.' They're saying, 'Dad, you lied to us. You said we were safe.'

"It's like a curse on you," says Dorelien, his head shaking. "I believe in God. If I wasn't a Christian I don't know what I would do."

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Millions in jeopardy of losing their homes to foreclosure

For people with less than perfect credit, subprime mortgages unlocked the door to homeownership. More than 6.2 million of those loans in the United States allowed those with little or no money down to buy their first house.

Now, in the Lower Hudson Valley and across the nation, the door is closing once more. Nearly half of the subprime mortgages in the country had adjustable interest rates, and many of those rates are resetting to double-digit levels. New homebuyers are getting whipsawed by rising monthly payments and falling house values.

Mark Zandi, chief economist at Moody's Economy.com, expects 3 million mortgage defaults this year and next as the newest homeowners find they can no longer afford the financing that made their dreams a reality.

Of those mortgage defaults, two-thirds will result in foreclosures, Zandi predicts. Refinancing is not an option, since the properties in many cases are worth less than they were on the day of the original closing.

In the three-county region, nearly 22,000 subprime mortgages representing $8.42 billion in debt were originated last year, according to the Joint Economic Committee of the U.S. Congress.

Critics have accused lenders and mortgage brokers of lax and sometimes predatory behavior in selling subprime mortgages to first-time homebuyers, many of whom were people of modest means who either ignored or misunderstood the risks of the loans. Consumer counselors in the area say a significant number were immigrants and minorities.

The Lower Hudson Valley is feeling the squeeze.

Foreclosure actions commenced in Westchester County reached 1,975 through November, up 38.8 percent year over year. In Rockland County, foreclosure filings were up 16.2 percent through October, while Putnam's numbers were up 44.3 percent in that period.

Rodney Thigpen faced foreclosure this year on a house he bought in Ossining in 2004 using subprime financing. "Worst thing I could have done," said Thigpen, 29, a former car salesman who later started a cleaning service.

Bankruptcies are up as well. The number of Chapter 13 cases, a bankruptcy proceeding that allows debtors to keep their houses while reorganizing their finances, rose to 345 in federal Bankruptcy Court in White Plains through Nov. 7, an 81.6 percent increase year over year.

"I don't know if we really know the true extent of this crisis yet," said David J. Babel, a bankruptcy attorney who practices in Eastchester and the Bronx. "Certainly it's a crisis for the people who are losing their homes."

About 1,200 jobs in the credit intermediation field, a segment that includes mortgage lending, have been lost in the three-county region this year. Most of the losses can be attributed to the closing of large subprime mortgage operations in White Plains, Orangeburg, Elmsford and Valhalla, and staffing cuts at other companies in the region.

In the local real estate market, however, industry observers see less of a subprime impact than in other parts of the nation.

California, Florida, Nevada and Arizona - which account for more than one-third of America's subprime adjustable-rate mortgages and more than one-third of the foreclosure starts on those mortgages - are seeing lower home prices.

But high housing inventory is the root of the sales problem in those states, according to the Mortgage Bankers Association. And the four states have a disproportionate share of investor-owned housing, which faces higher likelihood of default when housing values fall, the association said.

In the Lower Hudson Valley, investor housing has taken a big hit as well. Sales of two- to four-family housing in Westchester in the third quarter of this year were less than half their number two years earlier, while inventory was up 18.1 percent in that time.

Veronica L. Raphael, a foreclosure prevention specialist with Westchester Residential Opportunities in White Plains, said half of her clients have subprime mortgages for multiunit properties. They planned to live in them and lease other units to tenants, using the rent to cover the monthly mortgage payments, she said.

In other housing segments and markets in the region, trends are more mixed. Sales of single-family houses in Westchester through the third quarter are actually up 3.9 percent over 2006, and the median sales price rose just under 2 percent last quarter.

In Putnam, house sales are down 12.1 percent through the third quarter, while Rockland house sales are off just under 1.2 percent for the year.

P. Gilbert Mercurio, chief executive officer of the Westchester County Board of Realtors, said that even if foreclosures raised inventory by 20 percent, the resulting level of housing on the market wouldn't be huge by historical standards.

"We've had inventory over the 10,000 mark years ago, and that was considered an ordinary market inventory," Mercurio said.

Two factors contributed to the growth of subprime mortgages as a financing method for homebuyers in the early part of this decade. One was the expansion of financing for such loans, and the other was the runup in real estate values.

Subprimes took off in popularity across the nation. About $190 billion in subprime mortgages was originated six years ago, or 8.6 percent of all mortgages originated, according to a report by the Joint Economic Committee of the U.S. Congress. In 2005, borrowers took out $625 billion in subprimes, or 20 percent of all mortgage originations.

Most subprime mortgages were sold by brokers working with specialty lenders. Rather than holding the mortgages in their own portfolios, lenders would sell them in the secondary market.

The first half of this decade was a great time to be in the mortgage business. House prices were booming across the nation, and locally.

In its report, the Joint Economic Committee cited data showing annual price appreciation across the nation rising from slightly over 8.5 percent in 2001 to more than 15 percent in 2005. Local counties showed vigorous appreciation.

The median price of a house in Westchester rose 10.5 percent in 2001 and 14.4 percent in 2004. Putnam's median price grew by 6.22 percent in 2001, and 9.69 percent in 2004. Median price growth cooled somewhat in 2005 in Westchester and Putnam, to 4.65 percent and 6.49 percent respectively.

Those higher prices helped fuel a boom in refinancing during that time, as borrowers withdrew equity from their property for spending of all sorts. As it turned out, the refi boom was used by brokers to help sell subprime mortgages.

Mount Vernon attorney Ioanna Burgos represented homebuyers who were closing on such loans. She said brokers told buyers that, when the time came in a year or two for interest rates to reset, they could always refinance at lower rates.

Burgos said nearly all her clients were Hispanic and spoke little English. She explained the definitions of the loans to them and what their responsibilities would be.

"I don't think they were able to afford the houses to begin with," Burgos said. "It's just a shame that the mortgage broker doesn't explain it enough to the client.

"They understood the rate. That's all they knew."

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source: lohud.com