Thursday, November 25, 2010

Sell Your Home Fast with a Short Sale

These tips for making your home sell fast are sure to streamline the process.
Begin preparing the paperwork as soon as possible. Your real estate agent or short sale investor is often able to help. Typically you will need the following items:

Hardship letter

Tax Returns

Bank Records

HOA, Property Taxes and other pertinent outlays associated with the property.

Copy of Mortgage statements, liens or other monies owned on the house.

Put out the word. Let everyone know you need to sell the home – fast. Use works like ‘motivated seller’ or “distressed homeowner” to indicate a willingness to work with buyers able to provide a fast closing.Contact the lender to let them know your situation. Perform maintenance and upkeep as you are able. If finances are an issue, try to make the property appear as attractive and well maintained as possible.

Create a list of what you need the most from this deal. For example, if you need a fast closing avoid bankruptcy then say-so when speaking with the agent or potential short sale buyers. If you need a new place to live or rent after closing then mention that as well. Often these items can become part of the negotiation process to help make the deal work.

Identify personal property prior to accepting a final offer. If you intend to take the appliances be sure to specify this in advance. Likewise, it’s important to bring all items that will remain with the home (good and bad) as well as be removed from the home prior to entertaining offers.

Make a folder of all contact information and paperwork. Keep it accessible when speaking with real estate agents or potential buyers. Remember, everything must be in writing and never sign something you don’t fully understand.

Avoid entertaining multiple offers all at once. While this might seem like a good way to increase the odds of a successful sale, it often creates unnecessary delays that could result in your losing the home or growing farther into debt. Instead, ask to see proof of financing or other indication of a quick closing.

Keep it realistic. Even the most reputable short sale offer is likely to be somewhat slow given the large number of sales currently going through the system. A lot of sellers are searching for solid short sale offers so increase your odds by responding quickly to all inquiries and remaining patient throughout the process.

Start Early. The sooner you start the better the odds of selling your home before it becomes critical or urgent.

Monday, April 26, 2010

Fannie Adds Incentive to Avoid Foreclosure

Beginning in July, Fannie Mae will allow financially troubled home owners to complete a “deed in lieu of foreclosure” or a short sale and be eligible to apply for a new Fannie-backed mortgage in two years.

Currently, borrowers who have completed a deed-in-lieu must wait four years to apply for a loan that Fannie will purchase. Home buyers who go through foreclosure must wait five years.

All these waiting periods can be reduced further, if the potential buyer can show extenuating circumstances. "We are beginning to think about post-recession, how you address borrowers who became unemployed through no fault of their own ... and now deserve the right to re-enter the housing-finance system," said Federal Housing Association Commissioner David Stevens.

Source: The Wall Street Journal, Nick Timiraos (04/26/2010)

Wednesday, April 14, 2010

Sales of Riverside County Foreclosured Homes up 29%

RIVERSIDE - Sales of foreclosed homes shot up 29 percent in Riverside County last month as a backlog of lender-repossessed properties cleared the market, a real estate tracking firm reported today.



According to Bay Area-based ForeclosureRadar.com's monthly "California Foreclosure Report," 2,316 foreclosure sales were recorded in Riverside County in March. The figure compares to 1,789 sales in February and 1,307 sales a year ago.



Statewide, foreclosure sales jumped 92 percent between February and March, according to ForeclosureRadar.com founder Sean O'Toole.



He attributed the surge to lenders catching up after voluntarily holding off on foreclosure proceedings following the implementation in March 2009 of the federal Home Affordable Modification Program, in which qualifying borrowers' mortgage payments can be reduced under government-brokered agreements with banks.



"Despite efforts to promote foreclosure alternatives like loan modifications and short sales, the simple reality is that there isn't a program Advertisement



Barley and Hops for everyone," O'Toole said. "Unraveling trillions in excess debt will take time, and foreclosure is part of the solution, not the problem."



Los Angeles County recorded the highest volume of foreclosure sales in California last month -- 3,285, a 27 percent increase from February.



Riverside County had the second-highest number, followed by neighboring San Bernardino County, with 1,870 foreclosure sales, according to ForeclosureRadar.com.



In most cases, lenders took back their properties without any competitive bids, but O'Toole said the number of third-party sales at auction crossed the 4,000 mark for the first time in California last month, accounting for about one-fifth of sales.



O'Toole predicted foreclosure sales will continue to rise, noting that the lag time between trustees' notices of default and notices of sale has increased from an average 142 to 188 days, with inventories of foreclosed properties swelling.

Monday, March 29, 2010

Obama's Short Sale Program will Pay Owners to Sell versus Foreclosure

The NY Times is reporting on a new Obama initiative to create a financial incentive for banks and home sellers alike to do short sales. A few highlights from the article:


•Program starts April 5, 2010

•Lenders will be "compelled" to accept short sales. We'll see about that.

•The administration wants to streamline the process. We'll see about that too.

•Financial incentives are $1,500 to the home seller, $1,000 to the lender, and $1,000 to a subordinate lender.

•Agents will be used to valuate the properties, but lenders will not be forced to accept offers beneath the agent valuation.

That last point is the rub: BPOs, or broker price opinions, are inconsistent and often unreliable. I do them, and I do not accept BPOs outside of a very small geographic footprint; however, many BPO agents are from far away and do robotic, formulaic, price per square foot hatchet jobs which do not accurately reflect market conditions. Once this happens, a short sale can be set back 6 months (yes, 6 months) or derailed completely. All because some guy from 50 miles away didn't care to do his homework for the $45 fee.

The piece details another thing which I have long believed: lender are skeptical about short sales. A number of quotes detail suspicion of fraud and that is unfortunate. In the short sales I broker, I see nothing but earnest buyers and sellers. We never sell to investors. I have never sold anyone a home and then done a short sale on their old place (strategic default). Banks are engaging in "prevent defense" with this mentality. You throw the baby out with the bath water when you assume fraud at the expense of people who are seeking relief in good faith.

We'll see going forward if this works. The worst thing about short sales is the abhorrent length of time and ridiculous red tape they consume. If the administration can indeed shorten and streamline the process, I'll be the worst to give them credit. This much is true: something has to be done, because too many good people are suffering.

Tuesday, March 23, 2010

First-time homebuyer's tax credit extended for second time

California lawmakers have voted to extend a $10,000 tax credit for first-time homebuyers.

The credit will apply to first-time buyers who purchase new or existing homes between May 1 and Dec. 31 of this year. It is for 5 percent of the purchase price, or up to $10,000. The bill received bipartisan support in the Assembly and Senate on Monday and will be sent to Gov. Arnold Schwarzenegger.

The governor, who proposed the extended tax credit as part of his job-creation initiative, is expected to sign the bill.

California recently passed a tax break that capped the total credit available at $100 million on new homes purchased between March 1, 2009, and March 1, 2010.

The new bill increases that cap to $200 million and applies to new and existing home.

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/03/22/state/n181320D40.DTL

Sunday, March 14, 2010

Obama's Short Sale Program Unfolds April 5th

The Obama Administration’s new short sale plan, which begins April 5, calls for banks to agree to not pursue borrowers for any deficiency judgments after a short sale, requires second lien holders to accept a maximum of $3000 to settle their debt, allots $1000 to mortgage servicers for a successful short sale, and allows for up to $1,500 in “relocation” assistance to borrowers.


The plan – Home Affordable Foreclosure Alternatives, or HAFA – is for borrowers who qualify for or have participated in the Home Affordable Modification Program, or HAMP, but have not been able to make their new reduced mortgage payments through the trial period. It is also for any borrower who has tried to modify their loan through HAMP and now requests a short sale in order to avoid foreclosure.

The program calls for banks to decide what they are willing to take $ wise in the short sale before the property goes on the market, so that the buyer, real estate broker and seller know what price the property needs to sell for in order for the bank to approve the short sale. It also requires lenders and servicers to use uniform documentation and short sale terms, prevents them from reducing the real estate agent’s commissions in a short sale and greatly expedites the lender’s short sale approval process to ten business days after receipt of an offer.

HAFA also allows lenders to offer a deed in lieu of foreclosure to borrowers with government insured loans without requiring borrowers to first put the property on the market for 90 days, which is the typical protocol for a deed in lieu of foreclosure.

With all of this said, the glaring, overwhelming problem with HAFA, like all government programs to date geared toward preventing foreclosures, (starting with the Bush Administration’s Housing Economic Recovery Act), is that bank participation will be voluntary and on the individual lender’s terms.

HAMP, which set out to help 3.4 million borrowers, to date has modified less than 120,000 borrowers’ loans, and even for the loans that have been modified, the lasting impact is questionable.

The good news with short sales is that, at least in my experience thus far in 2010, the nation’s lenders, simply by virtue of the fact that they have had the past 3 years to practice, are starting to move faster on short sales and issue approvals with less stringent qualifying criteria. This means that, without regard to government programs, the average homeowner has a better chance doing a successful short sale than ever before.

Tuesday, February 23, 2010

Fannie Mae Offers Helping Hand to Foreclosure Buyers

The largest U.S. mortgage-financing company, Fannie Mae, is offering an unusual incentive to any qualified buyer wishing to purchase one of their foreclosed properties -- as much as a 3.5 percent in closing-costs assistance or an equivalent amount in appliances.


The offer is good through May 1, said officials at the D.C.-based company. Terry Edwards, Executive Vice President of Credit Portfolio Management, described it as a win-win situation.

In a time when the housing market is flooded with foreclosed properties, company officials hoped the incentive, along with the federal home tax credit, would get more buyers looking. The federal program currently offers new home buyers a home tax credit of up to 8000 dollars and existing homeowners may claim a credit of up to 6500 dollars when they purchase a new residence.

The federal home tax credit is only available on houses purchased by April 30, 2010 and closed by June 30, 2010. Many analysts believe that with mortgage rates predicted to rise, now is the time for qualified buyers to act and take advantage of the federal government incentive.

Currently Fannie Mae has a stock of foreclosures that increase during a three-year housing slump when home prices crashed. Edwards said the incentive is designed to foster sales in a still-weak housing market.

He said attracting qualified buyers and reducing the inventory of foreclosures are essential to "stabilizing neighborhoods and helping the market recover."

Eligible properties are listed on HomePath Web site, which would not only include detailed information about a property for sale, but also information about the community and nearby schools. The company also has properties that are eligible for special HomePath Mortgage and HomePath Renovation Mortgage financing, which offers home buyers an opportunity to purchase with as little as a 3 percent down payment.

Fannie Mae sold 89,691 foreclosed homes in the third quarter, up from 39,864 in the previous period, according the company's recent quarterly filing. Fannie Mae had 72,275 such homes, called real-estate-owned properties, as of Sept. 30.

Thursday, February 18, 2010

Buying a Short Sale? Here Are The Questions You Need To Ask.

The "Short" in short sale is NOT in reference to the time it will take to complete the transaction. Potential short sale buyers... you need to know and accept this. While good real estate agents on both sides of the short sale transaction can and will make a difference, a short sale, by it's nature, will take longer than a traditional sale. When buying a short sale you, and your agent, are to some degree at the mercy of the seller and their real estate agent (Not to mention the lender(s)). Let me explain what I mean by this. If the seller's agent is not doing their job correctly you will have to deal with the consequences. At best the transaction time may be lengthened or the bank's counter-offers may be more extreme. At worst, the sale may collapse altogether. It is a lot of work for the selling agent to address a short sale correctly. Fortunately there are some questions you, the buyer, and your agent can, and should, be asking that will determine if the selling agent "knows their stuff" and is willing to put in the work to make the sale happen:


1) Is there more than one lender involved?

If there is a second mortgage (or perhaps even a 3rd mortgage!) the transaction will be more complicated and likely take longer. Second mortgages have been known to "spoil" a short sale transaction by requiring a short payoff much higher than your offer will allow. Multiple mortgage short sale transactions are not impossible. They will likely require more time and suffering though. Be prepared.

2) Has a short sale packet been submitted to the bank?

Once your offer has been made and accepted by the seller you should know the exact date that a COMPLETE short sale package was submitted to the lender(s) and the exact date that the selling agent has verified receipt of the package(s). A long delay between acceptance of your offer by the seller and submission of the short sale package(s) may indicate that either the seller or the seller's agent are not motivated or not experienced with short sale transactions.

3) Has a lender "negotiator" been assigned to the short sale file?

Short sales are eventually assigned to a lender negotiator. This is an important step in the progress of a short sale. You and your agent should request in advance to be notified by the seller's agent when this has transpired. If it takes longer than 60 days to obtain assignment to a negotiator it could indicate that the sellers agent is not proficient with short sales. You and your agent should determine what the sellers agent is doing at this point to escalate the case. This is a general rule of thumb. Every short sale is different. A long duration until assignment could indicate that either the seller is uncooperative or that their agent is not proficient at moving the process along.

4) Has the BPO been completed?

Generally the lender will have at least one BPO (Broker's Price Opinion) done to ascertain the current market value of the property. When the BPO is ordered is a matter of policy that varies from lender to lender and negotiator to negotiator. It is always a good sign though as it indicates that progress is being made on the short sale within the lenders structure. The seller's agent should be actively pressing for this step until it is completed.

5) Has the price or net proceeds amount been bank approved?

Essentially this is the approval of the short payoff by the lender(s). Often the lender will make a counter-offer rather than accept the transaction as submitted. Your alternative at this point is to accept the counter (meaning "pay more") or stand pat and let the seller's agent negotiate further with the lender. This is over-simplification as the lenders will often apply a "line-item" mentality to a short sale transaction and seek to control the specifics of a short sale settlement (amount they will pay for realtor commissions, title insurance, payoff to jr. liens, etc.).

On a side note, you will also want to know if the bank "previously approved" another offer prior to yours. This may provide you with insight as to where your offer stands in relations to what they are willing to settle for. If your offer is well below the "previously approved" short payoff you may want to reconsider buying the property or raising your offer.

While a short sale provides buyers with an opportunity to purchase a home below market value, buyers must be prepared to endure the negative aspects of a short sale transaction. Make sure the seller is committed to the sale and is cooperative in providing documentation. Discern whether the selling agent has the right combination of experience, skill and effort to make the transaction work. Ask the questions I have mentioned as you move through the process! You will be glad you did.

Thursday, February 11, 2010

Citigroup allowing Distressed Homeowners to stay in their homes for 6 months.

WASHINGTON – Citigroup Inc. plans to let homeowners on the verge of foreclosure stay in their homes for six months — if they turn over the deed to their property.


Citi said Thursday it is launching the pilot program, dubbed "Foreclosure Alternatives," this week in Texas, Florida, Illinois, Michigan, New Jersey and Ohio. Initially, about 1,000 homeowners are expected to participate. Citi may expand the program nationwide.

In a normal foreclosure, a lender assumes legal control of the property and evicts the homeowner. But Citi's program, like other "deed in lieu of foreclosure" efforts, allows the homeowner to avoid a completed foreclosure. While the owner must still leave the home after six months, the program results in a less severe hit to the borrower's credit score.

The policy is an attempt to deal with what lenders see as a growing phenomenon: borrowers who choose to default on their mortgages. Close to one in every three U.S. homeowners owe more on their mortgages than their homes are worth, according to Moody's Economy.com.

Many housing analysts say these borrowers — particularly those who owe at least 20 percent more than their home's current value — are choosing to walk away because they see little chance that home prices will come back.

Also, many states have lengthened the time it takes to complete a foreclosure, making the process more time-consuming and expensive for the lending industry.

"Why should we all go through the foreclosure process and evict people?" said Sanjiv Das, Citi's top mortgage executive. Avoiding foreclosure, Das said, is "less painful for our borrowers as well as for us."

Borrowers in Citi's program will still need to pay their utility bills. But Citi will pay at least $1,000 in relocation costs and will consider helping out with other expenses. Citi also plans to provide relocation counseling.

The program is intended to help borrowers who don't qualify for a mortgage modification or a short sale — one in which the lender agrees to sell a home for less than the total mortgage amount.

Citi's policy is similar to one announced in November by Fannie Mae, the government-controlled mortgage finance company. Fannie is allowing homeowners to hand back the deed to their properties, then rent them back at market rates.

Thursday, February 4, 2010

Short Sale Expert in Murrieta

While 2009 was considered bad for the real estate market, 2010 is predicted to see a worsening of the mortgage trend. A 2 to 3 year resetting of adjustable rate mortgages is forecast which might even run through 2012. It is rumored that loan administrators of certain lending institutions have been instructed to defer foreclosure process till the end of the first year. Some analysts believe we are sitting in the eye of a mortgage hurricane which will become deadly again when we hit the opposite wall some time later this year. They add that foreclosed properties will hit the markets again over the next two years. No one will hazard a guess as to when real estate prices will touch bottom, but the depths haven’t been plumbed yet. Unprecedented foreclosures are expected to spawn a plethora of displaced homeowners — the largest in history — descending on the rental market.


Although Mortgage rates and the “Indexes” they are tied to remain very low, the issue with the current group of loans is that the majority of them have Interest Only payments now, but when they adjust, switch to Principle and Interest payments. The increase in the monthly payments on these loans is likely to result in many more defaults, then foreclosures.

Stacy Frazier-Brock is a Murrieta realtor whose specialty is avoiding foreclosures with short sales. In doing this the distressed borrower’s credit rating is preserved. Stacy Frazier-Brock has established a long-standing rapport with loan administrators in lending institutions through which he is able to successfully negotiate short sales. More often than not this is a preferred option that benefits both lender and borrower. To know more about her and her modus operandi, please click on http://www.shortsalemegastars.com/.

Monday, February 1, 2010

Military Personnel Receive Federal Help on Short Sales

Members of the military who find themselves in a short-sale situation now have a new tool via the Homeowners Assistance Program (HAP) through the Department of Defense (DoD).




Congress expanded HAP when they passed the American Recovery and Reinvestment Act of 2009; and now nearly every military personnel involved in a short sale can get financial help through HAP if they find themselves upside down when they must sell because of a mandatory permanent transfer.



The HAP website (http://hap.usace.army.mil) contains several brochures for military personnel and for real estate professionals to help understand the expanded guidelines for those using the program.



Authorized under Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, HAP is a law that is managed by the U.S. Army Corps of Engineers "to assist eligible homeowners who face financial loss when selling their primary residence homes in areas where real estate values have declined because of a base closure or realignment announcement." The American Recovery and Reinvestment Act expands the legislation temporarily for DoD employees caught up in the mortgage crisis. Those who can apply for assistance include:





service members and DOD employees who are wounded, injured or become ill when deployed;



surviving spouses of service members or DOD employees killed or died of wounds while deployed;



service members and civilian employees assigned to BRAC 05 organizations; and



service members required to permanently relocate during the home mortgage crisis.

The assistance is limited to employees who were reassigned within about a 5-and-a-half year period between 2006 and 2012 and the house being considered must have been the applicant's primary residence. Some of the criteria for eligibility include:





Permanent reassignment requires move of more than 50 miles.



Reassignment ordered between 1 February 2006 and 30 September 2012.



Property purchased (or contract to purchase signed) before 1 July 2006.



Property was the primary residence of the owner



Owner has not previously received these benefit payments.

An online brochure, which can be printed via a PDF file, is available here.



This next paragraph is very important for purchasers of houses where the HAP program is being used.



The execution of this program requires the assignment of the contract to the Department of Defense, via the U.S. Army Corps of Engineers. In essence, the seller conveys the house over to the USACE and then the purchaser buys the house from the USACE all at the same time at the same settlement or escrow table. Your state laws may require a few differences, but this is how it's executed on the ground level.



Many Realtor contracts contain paragraphs that will not allow the assignment of a contract, so military sellers using HAP may need to strike this paragraph to allow the contract to go through without any hiccups.



An "assigned" contract is one where one party in a sales contract can assign their interests over to a third party before settlement. It would say something like: "this contract is between 'Mr. and Mrs. Seller' and 'Mr. and Mrs. Buyer and/or assigns.'"



With this language, it allows Mr. and Mrs. Buyer to slip in Mr. and Mrs. Buyer-2 at some point in the performance of the contract. It's legal, and is usually used via a pre-foreclosure contract where one party is finding houses for sale and selling them to a secondary buyer once they get the terms of the contract in place.



Thus, in the use of the DoD's HAP program, the purchaser needs to understand that at the end of their contract, before they go to settlement, the seller will no longer be Mr. and Mrs. Seller, but the U.S. Army Corps of Engineers.



For details on how the HAP program works, visit here.

Monday, January 18, 2010

How a Short Sale Affects Your Credit

How a Short Sale Affects Your Credit


I’ve been asked several times by home sellers about how a short sale will affect their credit scores. Each situation is different, but there are a few common points that you need to know.

Late Mortgage Payments

If your lender has reported you as late in making payments, your credit score has been negatively impacted before the short sale. This may have even more impact that when the short sale is recorded.

Other Payments

If your credit card, car loan and other loans are up to date, the impact of the late mortgage payments will be less than if you have missed payments on all your debts.

The Short Sale

The short sale will have an impact on your credit score, but not as much as a foreclosure or bankruptcy. The short sale is recorded as “paid settled” or something similar that shows that the loan was settled, but not at the full amount. There is one of important consideration affecting the impact of the short sale on your credit – the foreclosure process. If the lender has filed a “Lis Pendens” or notice of default or a foreclosure notice, then that will lower you credit score further.

How Long?

How long will it take your credit score to recover after a short sale? Again, if the short sale is the only blemish on you credit record, then the impact will be less. If you have other negative reports the impact will be worse. Your score will bounce back much quicker than a foreclosure or bankruptcy, but it is critical that you make all other payments on time and have no other adverse reports against your credit.

In summary, the short sale will impact your credit much less than a bankruptcy or foreclosure. The impact will be less if you were not late on payments before the short sale, but my experience says that it is difficult to do a short sale unless payments have been missed. Keep you other payments current to limit the negative reports to the short sale only.

There a really good article over at the LA Times on credit scores. Go to Mortgage problems are walloping Americans’ credit scores for more.

Sunday, January 17, 2010

Short Sales Being Streamlined by Treasury Department

Details have been released of the U.S. Treasury Departments Home Affordable Foreclosure Alternatives Program that gives incentives to both lenders and borrowers when negotiating a short sale or deed-in-lieu to avoid foreclosure. The program requires that all servicers currently participating in the Home Affordable Modification Program (HAMP) are also required to participate in the Home Affordable Foreclosure Alternatives Program.Under the new program servicers can receive up to $1,000 for a successful short sale or deed-in-lieu. Borrowers may be able to receive up to $1,500 for relocation purposes. Junior lien holders, also known as second mortgages, may receive up to $1,000 from the U.S. Treasury Department through matching $1 for every $2 paid by the investors.We may see that the short sale process is shortened by these new guidelines. With the shorter time period being anticipated and more available buyers due to home values and credit incentives, we may see that the housing economy will keep heading in an upward direction.