By Morgan Brennan, Forbes.comNovember 16, 2011
Victoria Gotti, the reality TV star and daughter of infamous mob don John Gotti, made headlines in 2009 as the latest high-profile homeowner facing foreclosure. According to the New York Post, Zillow.com and others, she had stopped making mortgage payments to lender JP Morgan on her Long Island, N.Y., estate, which she had put up for sale the prior year, finding no takers at an asking price of $3.9 million. The home, in the tony neighborhood of Old Westbury, originally cost close to $4.1 million. Two years later, she’s still in the house–now listed for $2.9 million.
She’s hardly alone, of course. Millions of American homeowners have faced foreclosure over the past several years and roughly 11 million more remain significantly underwater on their mortgages. About 7.7% of all mortgages nationwide are in trouble, either seriously delinquent or already in foreclosure. But somewhat surprisingly, ritzy ZIP codes like Gotti’s Old Westbury 11586 aren’t immune. Far from it. According to LPS Applied Analytics, 6.5%, or 33 out of the 516 active loans in her area are in some stage of delinquency. In nearby Great Neck, the default rate is even higher. Of the active home loans in the peninsula enclave, 7.2% are in some stage of foreclosure or pre-foreclosure.
We asked LPS Applied Analytics, a unit of Lender Processing Services that publishes the monthly Mortgage Monitor report, to pull the foreclosure statistics for the priciest neighborhoods in America. Using Forbes’ 2011 list of the Most Expensive ZIP Codes, the folks at LPS Applied Analytics calculated the number of defaulted loans against the total number of active loans – which include everything from subprime loans to conventional loans to jumbo prime loans (and even complicated nontraditional financing, which undergoes the foreclosure process the same way as a traditional mortgage) – in America’s 100 most expensive ZIP codes.
Where It’s Worst
The result? Perhaps not surprisingly, hard-hit Florida led our list. It has two higher end hoods in top spots: Fisher Island (No. 1) and Rosemary Beach (No. 3). Fisher Island, the Miami Beach multimillionaire enclave and the 43rd most expensive ZIP code in the country, has a whopping 20.5% foreclosure rate, with 38 out of 184 active loans in default. Rosemary Beach, a posh planned community in the panhandle and the 69th most expensive ZIP code, clocks in at 9.9%, with 10 out of 104 homes in default.
Record numbers of foreclosures have translated into price depreciations of 50% or more in many parts of the state, pushing yet more underwater homeowners into foreclosure. “The rates in Florida have been among the highest for a very long time now so I think it’s emblematic of that,” says Herb Blecher, vice president of LPS Applied Analytics. A number of high-profile Florida owners have been among the state’s default ranks, including comedian Chris Tucker, who owes more than $4.4 million on a $6 million mansion currently assessed at $1.6 million, according to the Orlando Sentinel.
Walking Away
So why do the rich face foreclosures? Loss of income, of course, is the biggest reason. But analysts say they’re seeing a rise in the number of well-off property owners who stop paying their mortgages for calculated financial reasons. “Strategic defaults can be an even bigger issue with higher-end homes, where if you’re 25% underwater that could mean hundreds of thousands of dollars or more, because the borrowers may be more financially shrewd and consider it a financial decision to walk away from the home,” explains Daren Blomquist of RealtyTrac.
He also notes that foreclosures among high-end homeowners have been rising for some time: a study conducted by Realtytrac last year from January to October revealed that defaults on million dollar and higher loans has risen 335% from 2007 through 2010, compared with a 128% rise for all categories of loans at all price points. And LPS Applied Analytics data shows that trend holding steady through this year, with jumbo mortgage delinquencies remaining nearly 300% higher than 2008 rates.
Why are foreclosures ratcheting up in these expensive enclaves? When the reason is strategic default, it’s usually because wealthier people can’t necessarily qualify for a short sale or a loan modification thanks to too much income on the books, explains Chad Ruyle, co-founder of Youwalkaway.com, a Carlsbad, Calif.-based site specializing in strategic defaults. He says the company has helped a number of well-to-do clients since its inception in 2008. “Today we have had a couple celebrities that have randomly contacted us who want to foreclose,” says Ruyle, declining to disclose identities. “The stigma around default has really changed and people are starting to see it for what it is – a business transaction with the bank.”
Here are five of the wealthiest places in America that are riddled with foreclosures:
#5 Great Neck/Kings Point, N.Y. | 11024
50th most expensive ZIP code
Foreclosure Percentage: 7.2%
Number of foreclosures: 81
Total number of active loans: 1,120
#4 Kilauea, Hawaii | 96754
90th most expensive ZIP code
Foreclosure Percentage: 9.4%
Number of foreclosures: 62
Total number of active loans: 658
#3 Rosemary Beach, Fla. | 32461
69th most expensive ZIP code
Foreclosure Percentage: 9.9%
Number of foreclosures: 10
Total number of active loans: 268
#2 Alpine, N.J. | 07620
Top most expensive ZIP code
Foreclosure Percentage: 10.1%
Number of foreclosures: 27
Total number of active loans: 268
#1 Fisher Island, Fla. | 33109
43rd most expensive ZIP code
Foreclosure Percentage: 20.5%
Number of foreclosures: 38
Total number of active loans: 184
Reporting from L.A. and Washington—
Investigators with the California attorney general's office have subpoenaed information from mortgage titans Fannie Mae and Freddie Mac as part of a wide-ranging inquiry into lending and foreclosure practices in the state.The subpoenas ask the government-controlled finance companies to answer a series of questions about their activities in California, including their roles as landlords who own thousands of foreclosed properties. The attorney general's office is also seeking details of Fannie and Freddie's mortgage-servicing and home-repossession practices, according to a person familiar with the matter.
In addition, investigators want to learn more about the companies' purchases and sponsorship of securities holding "toxic mortgages" in the Golden State, said the person, who was not authorized to speak on the matter and requested anonymity.
Fannie and Freddie declined to comment on the investigation. Shum Preston, a spokesman for state Atty. Gen. Kamala D. Harris, also declined to comment.
Edward Mills, a financial policy analyst at FBR Capital Markets & Co., said Harris has been the most aggressive state attorney general in trying to assist those borrowers who are "underwater" on their mortgages, owing more on their properties than they are worth.
The move to open an investigation into Fannie and Freddie, Mills said, is a creative way to potentially force policy changes from the mortgage giants over the objections of their regulator, the Federal Housing Finance Agency in Washington, which is headed by Ed DeMarco.
"She's felt that Ed DeMarco has not done enough to help homeowners and has undue influence over what changes are put in place at Fannie and Freddie," Mills said. "If he's not going to make those changes, she's going to force those through the courts."
The California investigation comes as DeMarco and the chief executives of the two companies faced bipartisan outrage this week over multimillion-dollar salaries and large bonuses at the housing finance giants, which still owe the government a combined $150 billion in the largest financial crisis bailout.
Harris this month pushed for Fannie and Freddie to allow more principal reduction, which is the writing down of the loan balances of troubled borrowers.
"If Mr. DeMarco is unwilling to support principal reduction for these home loans in crisis, he should step aside for someone who will," Harris said.
DeMarco, in turn, said Wednesday during his congressional testimony that the agency has determined that reducing principal on loans owned by Fannie and Freddie is not "the least-cost approach for the taxpayer" to keep homeowners from foreclosure. In addition, those reductions are not authorized under the law that allowed the firms to be seized, DeMarco added.
"I do believe we are taking all due effort to provide assistance to homeowners, and I do not believe I've been authorized to use taxpayer money for a general program of principal forgiveness," DeMarco told lawmakers.
According to the person familiar with California's investigation, the central question posed by the California investigators is: To what extent did the two mortgage giants contribute to the foreclosure crisis in California?
Fannie and Freddie hold a vast number of loans in California. The major banks that are employed to act on their behalf — collecting payments from borrowers, foreclosing or evicting borrowers or striking deals with homeowners to modify their mortgages — must adhere to their guidelines.
Harris has made investigating the foreclosure crisis and mortgage meltdown a priority during her first year in office, creating a Mortgage Fraud Strike Force this year. More recently, she has stepped out of negotiations with the nation's five largest banks, conducted on behalf of state attorneys general across the U.S., saying that the banks were asking for too much legal release in return for too little aid to California borrowers.
The subpoenas, issued Tuesday, deal only with Fannie's and Freddie's activities in California. But the investigation could lead other states to look into the firms' operations, said Guy Cecala, publisher of Inside Mortgage Finance.
"If for some reason California would be successful in any of this, it certainly would encourage other states to go after them because every state has Fannie and Freddie mortgages," Cecala said.
The two mortgage giants are responsible for about 40% of home loans in the U.S., according to Inside Mortgage Finance.
"I think that this is at least partially an attempt to penetrate that bubble which is hanging over half the market," Cecala said. "The servicers, the big banks they are dealing with and negotiating with, have no control over the loans that are guaranteed and effectively owned by Fannie Mae and Freddie Mac; the major banks are just third-party contractors when it comes to those."