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foreclosures are predicted to continue for years at a record pace, and
Northwest Trustee's one-stop business model has made it the largest
foreclosure trustee in the region. Rim Publications LLC is bullish about the newspaper industry.
The
Bellevue, Wash.-based company and its affiliates have in the past two
years bought or started up six weekly newspapers in the Northwest. It
could buy as many as 50 more in the Western states, said Rim co-founder
Stephen Routh.
Strangely, the moves have more to do with the booming and controversial business of home foreclosures than with journalism.
Routh is also CEO of Bellevue-based
Northwest Trustee Services Inc.,
whose one-stop shopping business model has made it the largest
foreclosure trustee in the region. Owning newspapers will reduce costs
for Northwest Trustee's lender clients and could make foreclosures more
profitable for Routh's firm.
Oregon and most other states
require that lenders or their trustees run a series of legal notices in
the local newspaper before they auction off a foreclosed home. These
legal ads, which generally cost $500-$2,000, are one of the largest
expenses of the foreclosure process.
Rim's ambitions provide an
intriguing look at the U.S. economy four years since the great crash of
2008. Routh and his partners are basing their investment on the
expectation home foreclosures will continue at their unprecedented rate
for years to come.
Meanwhile, the beleaguered state of the
newspaper industry is making Rim's initiative surprisingly affordable.
And though some newspaper publishers decry Rim's entry into the
industry, others can't afford to make waves. For many small-town papers,
foreclosure notices have become one of their largest revenue sources.
Routh,
who has no journalism experience, vows to be a good steward of his
company's newspapers. But he makes clear the acquisitions are all about
his business of foreclosures. "I don't claim to be a journalist; I'm a
businessman providing a service," he said. "We have to publish. It makes
sense to control the process."
MORE FORECLOSURES AHEAD
Four
years into a painful economic downturn, the tsunami of home
delinquencies, defaults and repossessions shows no sign of slowing.
Routh expects foreclosures to actually pick up steam in 2012. "There's misery coming," he said.
An
estimated 2.7 million Americans -- more than 40,000 in Oregon -- have
already lost their homes, and experts figure millions more will hand
over their house keys in coming years. Estimates of future foreclosures
vary wildly, from fewer than 3 million to as many as 10 million.
The
glut of repossessed homes has contributed to a 30 to 35 percent decline
in home values and a staggering $7 trillion loss in home equity,
according to the Federal Reserve.
Today, experts say, 12 million
homeowners, about one in five, owe more on their mortgage than their
house is worth. Homeowners who are underwater on their mortgage are much
more likely to walk away from their mortgage, reasoning that it makes
no sense to continue to pay into a bad investment.
Given that
enormous pool of potential defaults, experts estimate it will be 2015 or
2016 before the crisis eases. "We're about 40 percent through the
snake's belly," said Nancy Koerber, executive director and founder of
Good Grief America, an anti-foreclosure activist group based in Medford.
"We won't begin to hit bottom until 2015."
Routh agrees with the dismal outlook: "I'm pessimistic about housing getting better anytime soon."
Making
the grim situation even worse are widespread allegations, from federal
regulators, state attorneys general and homeowners alike that lenders
have proceeded with improper, illegal and fraudulent foreclosures.
The allegations have fueled a
U.S. Justice Department investigation.
Bank of America, Wells Fargo and three other of the largest loan
servicers are trying to head off a lawsuit from most of the 50 state
attorneys general for their foreclosure practices, offering to pay
around $20 billion into a settlement.
Northwest Trustee, hired
by lenders to implement foreclosures, has not been immune from the flood
of litigation. The firm has been sued 99 times over the past three
years just in federal court in Washington and Oregon.
BUSINESS IS GOOD
Legal jousting aside, the unprecedented weakness of the housing industry has meant boom times for Northwest Trustee.
Routh
said the company's volume of foreclosures doubled to about 48,000 a
year after the recession hit in 2008. That volume has since waned, he
said, due largely to the widespread legal challenges. But he anticipates
foreclosures to surge again in 2012.
Routh and his partners have built Northwest Trustee Services into a vertically integrated foreclosure machine.
Need a law firm? Check. Northwest Trustee has its affiliate,
Routh, Crabtree & Olsen,
which has 51 lawyers and offices in seven Western states. Need an
escrow officer to help with documents? Check. Northwest Trustee has a
title company. Need a process server to post a foreclosure notice at a
specific property? A property manager to maintain vacant homes? An
auctioneer to conduct foreclosure sales? Check, check and check.
Northwest Trustee has it all in-house.
Until recently, one of
the few elements of foreclosure that the 1,000-employee firm couldn't
offer its clients was a venue in which to advertise pending auctions.
Decades
ago, Oregon and many other states allowed lenders to conduct what are
called "nonjudicial" foreclosures, quicker and cheaper than traditional
foreclosures, which require the filing of a lawsuit.
But most
states imposed strict notification requirements on the lenders. Oregon,
for instance, requires lenders publish notice of a pending foreclosure
auction four times in the local newspaper. They require it for two
reasons: simply to attract more bidders to the auction and also to
impose some level of transparency on the process.
In 2009, with
volumes exploding, Routh and his partners decided they could apply their
vertical integration strategy to this publishing requirement. In the
process, critics argue, they pushed the envelope of what's permissible
under Oregon law.
They founded the
Oregon Legal Journal
and the Washington Legal Journal, weekly listings of foreclosure
notices with a thin overlay of wire stories and limited local content.
Northwest Trustee mails the paper to Oregon lawyers and title companies. Circulation is about 4,500, none of it paid.
Local
real estate and media lawyers claim the Oregon Legal Journal's
circulation is too limited to comply with state law. Oregon statutes say
foreclosure notices must be published in "general circulation"
newspapers with "bona fide," or paid, subscribers. Courts have
interpreted a "general circulation" publication as one that the general
public would look to for news of interest, said
David Ambrose, a Portland attorney experienced in foreclosures.
"I
have serious questions about whether publication in the Oregon Legal
Journal of any nonjudicial foreclosure complies with the law," Ambrose
said.
Routh insists the Oregon Legal Journal does adhere to
state law. But Northwest Trustee has hedged its bets. The company has
advertised all its foreclosure notices in existing newspapers in
addition to its own Legal Journal.
About the same time it launched its journals, Northwest Trustee began buying newspapers outright.
Rim
Publications or affiliates have acquired the Capitol Hill Times, a
neighborhood weekly in Seattle, the Monroe Monitor and the Eatonville
Dispatch.
Not coincidentally, the three papers are in King,
Snohomish and Pierce counties, the major population centers and
foreclosure hotbeds in the Puget Sound area. Each is now running
foreclosure legal notices from Northwest Trustee's clients.
In early December, Rim bought the Kuna Melba News, another weekly, in suburban Boise.
"We were not actively looking for a buyer; they came to us," said Scott McIntosh, former co-owner of the Idaho paper.
ADVERTISING CLOUT
Oregon's newspaper establishment has greeted Northwest Trustee's move into their turf with suspicion and anxiety.
Jeb
Bladine, publisher of the McMinnville News-Register, blasted the notion
of a foreclosure company buying newspapers. "Newspapers have always
been for-profit businesses, but they were making money by being good
newspapers and serving their communities," he said. "This is something
different altogether. It's a bastardization of the traditions of
community journalism. I hate to see it."
Others are more circumspect. Riling Northwest Trustee has become a risky thing.
An
amazing thing has happened in much of Oregon since 2008. As
foreclosures soared, Northwest Trustee quietly became one of the most
powerful advertisers in the state. For papers buffeted by the down
economy, new competition on the Internet and the decline of some
traditional advertisers, the foreclosure notice revenue has been like an
oasis in a desert.
Steve Hungerford, whose company, Country
Media Inc., owns eight newspapers in Oregon, said FEI, Northwest
Trustee's advertising affiliate, has grown to become one of the largest
advertisers of his papers in Lincoln City, Tillamook and Seaside.
His
St. Helens Chronicle suffered a double-digit percent revenue loss,
Hungerford said, when Northwest Trustee opted to move its Columbia
County foreclosure notices to the South County Spotlight in Scappoose.
"FEI
is a very savvy operation, very knowledgeable about the newspaper
business," Hungerford said. "They're not to be taken lightly."
The
South County Spotlight is owned by Robert Pamplin Jr.'s Pamplin Media
Group. Pamplin's Tigard Times and other weeklies publish virtually all
of Northwest Trustee's foreclosure notices in the metro area.
The Oregonian publishes very few foreclosure notices each year -- only two ads
from Northwest Trustee in 2011 and none in 2010.
A similar trend
has unfolded in much of the rest of the Northwest. When they have a
choice, Northwest Trustee has opted to put its ads in smaller, sometimes
obscure papers with limited circulation and cheaper ad rates.
In
Yamhill County, Northwest Trustee opted initially for the Sheridan Sun
rather than the McMinnville News-Register. In Marion and Linn counties,
it went with the small weeklies in Jefferson and Scio rather than the
dailies in Salem and Albany.
In Jackson County, it opted to go
with the Rogue River Press, circulation 1,600, rather than the area
dailies in Medford or Ashland.
Critics question whether the use
of small papers complies with Oregon law. If there is more than one
newspaper in an area, the statute reads, "the notice shall be published
in that newspaper or publication which the moving party considers best
suited for providing actual notice."
"No reasonable person can
argue that the Rogue River Press, which is 20 or more miles away from
the main population of Jackson County, is better suited to provide
actual notice than the Medford Mail Tribune, with its proven circulation
of over 23,000 throughout the county," said Duane Bosworth, a media
lawyer in Portland.
"It's wrong," Bladine said. "It violates the
spirit and, in my opinion, the letter of Oregon law. People are
enriching themselves while denying true public notice to Oregon
citizens."
Routh counters that Northwest Trustee is fully complying with the law.
PURCHASES AND CHANGES
If
the recent history in Washington plays out in Oregon, Northwest Trustee
could well buy some of those smaller Oregon papers in the near future.
And
that's not a bad thing, Routh says. Northwest Trustee is giving its
current newspaper employees health and dental coverage and a 401(k) that
it matches, benefits that many did not have under prior ownership.
Michael
Jeffries, who sold the Eatonville Dispatch in July 2009 to Routh's
company, confirms this. The new owner also invested in new computers and
software at the Dispatch, Jeffries said.
Northwest Trustee paid Jeffries' asking price. "There was no haggling," he said.
That's
in part because newspapers are available cheap these days. Routh said
his firm has paid $300,000 each on average for its four papers.
The
other big change at the Eatonville paper was the sudden appearance of
dozens of pages of foreclosure legal ads. The first week after the deal
closed, the Dispatch ran a 48-page third section of foreclosure notices.
The legal ads doubled the Dispatch's revenue, Jeffries said.
But all is not a happy ending in Eatonville.
Jeffries and his wife have since retired to his native Indiana. He keeps close track of the Dispatch via its website.
The
Dispatch hired an advertising salesperson and a new editor who doesn't
live in Eatonville. It cut ties with two freelancers and didn't replace
them. Despite the surge in revenue, the Dispatch has added no staff but
will consider adding more this year, according to Northwest Trustee
officials.
"I think the paper has gone soft," Jeffries said. "It doesn't have the local flavor."
--
Jeff Manning