Wednesday, May 23, 2012
What? No Cookies?
Sunday, March 20, 2011
It's Show Time!
Also in this category is neighbors... make sure you've appealed to your neighbors to assist you. Nothing turns a buyer off faster than a neighbor that fusses at the buyer for parking in the wrong space. No matter what is "right", no one can overcome an unfriendly neighbor. This does not mean that neighbors should "interview" prospective buyers either... it's best that interactions with neighbors, even the well meaning ones, are brief and pleasant - a wave or hello - and nothing more. Hopefully, your neighbors will leave the selling to the sales people.
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Saturday, March 19, 2011
Create the NOT-So-Lived-In Look
Not only does the home have to be clean, but it must appear "beyond" organized....It needs to look "lived in" as if life has no negatives.
You know that line from the movie when the girl has been shopping for a week and trying on a million outfits and her date finally arrives and says she looks great and she replies: "Oh, (blushing) This old thing?" It's the same concept as the model on TV that washes her face and still has make up on. Yeah, right! And yet, we buy the product.- Books and magazines are purposefully displayed properly and neatly, and have all the right titles.
- You don't get bills... so there's no mail on the counter top.
- Everything in your home works magically without the need to be plugged in... or at least that is what one would think because the surely don't see any chords, wires or plugs.
- Kitchen appliances like toasters, blenders, etc. should be tucked away. The food here also magically appears when you're hungry. In fact, there's probably a bowl of fresh fruit right there on the counter top. Always fresh. Not plastic.
- Window blinds, when in place, are open evenly, to bring in natural light or otherwise create the desired effect.
- Nothing happens at your house that is accidental or by chance - everything is always perfect. From the outside, if you see open windows, every single window is opened to the same level. Always.
- Your home is so perfect that you don't even need a trash can... at least not one that people can see, and definately not one people can smell.
- Oh... and your closets? They aren't cluttered or packed. Your closets are SO BIG that you have an entire wardrobe in there and still have extra space. How do we know it's your whole wardrobe? Well, golly, you've got something from every color of the rainbow... in fact, it's actually in order by color. Wow. This is a house I want to live in. What about you?
Wednesday, March 16, 2011
Staging to Sell.... The Series Begins
Thursday, September 3, 2009
The Long and Short of a Short Sale, Part 4
All real estate contracts have contingencies in them on both sides. A contingency is the "if" in these statements:
In a short sale situation, sellers should also have a contingency for "Third Party Approval" - meaning they need to get approval from their lender(s) to be able to sell the property, since the proceeds will not cover the mortgage. If the sellers can not obtain the approval, then they can terminate the contract without penalty.
To improve chances of a short sale, sellers want a contract that has no buyer contingencies.
If I am representing a seller:
PRICE: I want a contract price that represents at least full market value; and in general, I want the highest price possible to entice the bank to approve the sale, and also because in some cases, sellers are being asked to pay the deficit between the mortgage payoff and the proceeds of the sale. The higher the proceeds of the sale, the less my client would be liable for.
FINANCING: I will attempt to obtain a cash contract, with no inspection or appraisal contingencies for the buyer. If that is not possible, I will want a full loan commitment, with the only contingencies being seller contingencies.
DEPOSIT: I want a high earnest money deposit, and I want it to be deposited into the escrow account as in a normal contract.
SHORT SALE APPROVAL: I want the longest possible timeframe to get the short sale approved.
PROPERTY OWNER DOCUMENTS: Since this contingency can not be waived by the buyers, I want any POA documents delivered to the buyer early on, with an addendum that they will pay the cost to replace them if they terminate the contract and do not return them.
PRICE: I want a contract price that reflects no more than the market value in "as is" property condition...preferrably with a financial benefit to my client because they are having to deal with the uncertainties and frustrations of a short sale. (Generally, if the bank orders a BPO/Appraisal of their own, and the contract price is within 10% of the fair market value, then they will accept it; of course, I hope my buyer will be paying at least 10% less than fair market value).
DEADLINES: I want a full home inspection and financing and appraisal contingencies, and I don't want my buyer paying any of those "hard costs" (out of pocket) until we've gotten the approval from the seller's lender (which is the thing that takes the longest in this process).
DEPOSIT: I want the "consideration" for the contract to be in the form of a Note Payable, rather than actual funds, until the seller's bank has approved the sale. This is because EVEN if my buyer defaults, their money is still in their own pocket - and the seller will have to sue them to get the deposit. Most sellers in this situation will not take court action to obtain cash from a buyer that didn't buy the house. However, if my buyer DOES NOT default, but has made a hard money deposit into an escrow account, and the buyer choses to exercise a right of walking away from the contract under one of the contingencies, then my buyer may have to fight the seller - perhaps even in court - to get their money back.
SHORT SALE APPROVAL: I want a short timeframe to get the short sale approved, in an effort to increase the speed of each action on the other side of the transaction.
OUT CLAUSE: I want an addendum that says my buyer can serve a UNILATERAL notice to the seller that he is terminating the contract FOR ANY REASON, up until the time that the short sale approval is received. This is so that my buyer can continue looking for other homes while he waits for the approval on this short sale. That way, if it is not approved, the buyer didn't miss out on anything (interest rates, pricing, market supply) while he waited. (Please note this is not part of any standard addendum in our region... and many agents will wrongfully tell you it is implied. Again, your agent matters. Read what you sign - regardless of what your agent says, the written agreement dictates the enforceable terms.)
Balancing the two sides is where an experienced agent with good negotiation skills comes into play. But, sometimes you simply don't know how good your agent is until it is too late. So, in my next post, I will share examples of things I have seen, failures and successes. These examples will help you know how to balance your interests.
I invite you to read the earlier posts in this series. Start with this post: A Short Sale, Anything But Short. Then, stay tuned to The Real Estate Whisperer for important real estate news from the front lines...Get your news AS the market is changing!
Tuesday, August 25, 2009
The Long and Short of a Short Sale, Part 2
In this post, I will talk about who should and should not consider a short sale; and WHEN they should take action.
Why consider a short sale? Anyone who thinks they may end up allowing a home to go into foreclosure should seriously consider this option.
- CREDIT: With a short sale, your credit is damaged, but not nearly as badly as it would be if the home went into foreclosure.
- LIVING SITUATION: With a short sale, you are not evicted (like you could be if your home was foreclosed), and you look like a better prospective tenant to future landlords if your credit shows a short sale, rather than a foreclosure and eviction, on your record.
- PRIDE: You are cutting your losses and controlling the damage....making the best of an otherwise uncomfortable situation. Your neighbors and co-workers probably already know you owe more than your house is worth - so do they... but you're showing them that you are the kind of person that works with everyone involved to find a satisfactory resolution; that you are responsible.
- SECURITY CLEARANCES/JOB REQUIREMENTS: Especially true in the Washington DC Market, many people have security clearances required for their jobs. In these cases, foreclosures can be very difficult to explain, and short sales are are considered much more favorably, especially when they are coupled with a true hardship (see below). Foreclosures can put your current or future job options in jeopardy.
- DEBT FORGIVENESS/AVOID BANKRUPTSY: In most cases, you can negotiate debt forgiveness as part of the package; and therefore, do not have to worry later about collection activities, which otherwise could force you into bankruptsy to protect the assets you do have.
Why should an owner NOT consider a short sale?
- NOT ENOUGH TIME/LENDER WON'T AGREE: If any of lenders advises the owner that there is not time before the foreclosure, or that for other reasons they will not work with the owner in a short sale process (this is increasingly rare, but it happens).
- TOO COSTLY: If the homeowner has so many layers of liens and mortgages against the property that professionals are telling you that it is not likely to be approved and/or they will only attempt it with a large, non refundable deposit or fee. (Small non-refundable fees are reasonable, especially if your case is a complicated one. A small fee is a couple hundred dollars - not thousands.)
- DON'T NEED TO: When the owner CAN continue to make payments as agreed for the duration of the loan; even if it is uncomfortable. Or, when the owner would prefer a loan modification and the lender has indicated a willingness to work with the owner for a loan modification.
A short sale should be the last alternative to a foreclosure, not a knee jerk reaction to falling real estate values and overleveraged homes. With each short sale request, the lender will require a "hardship letter". This is a letter that explains why you, as the homeowner, have a hardship and why they, as the lender, should work with you and forgive part of your debt.
Hardships include:
- Involuntary job loss or unexpected loss of substantial income that prevents you from making payments or from making the full payment.
- Involuntary change in family situation due to death, divorce or other unexpected changes, like becoming the Octo-mom.
- Involuntary relocation (i.e. military relocation).
- Medical situation/disability that either results in a decrease of income, and significant increase of expenses, or the need to move elsewhere, or a combination of these things.
- You could never afford the mortgage in the first place, and you can show that by the continual use of your savings (which is rapidly declining or depleated) and credit lines (which are rapidly increasing or maxed out) to pay the mortgage.
What is NOT a hardship:
- You pulled all the equity out of your home to purchase another piece of real estate which you still own, free and clear from any liens or mortgages. (Cure: sell that second property and pay down your current mortgage; or sell the primary property and take a mortgage on the second property to pay the deficit on the first property.)
- You like going out to dinner every night and shopping at the best stores and that makes it hard to pay your mortgage...besides mom said you can live with her for free.
- You don't really want to work anymore.
- The value of your property declined, like everyone else's, and you don't think you should have to suffer that loss.
While it is true that in some (non-recourse) states, like Nevada, you may still get a short sale approved even if you do not have a hardship.... most of the time, banks are looking for your sob story here. Give it to them.
When do you throw in the towel?
Going through this process is very difficult emotionally. Let's face it, when you started this journey, you had a very different outcome in mind. This was to be your home; or the investment that was going to solve your future financial woes. Now, those dreams are not being realized and you're suffering a very real financial loss and that goes hand and hand with emotional loss.... not to mention that this hardship is generally because of another hardship (like job loss or divorce). Given that, you are likely to go through all five stages of grief:
- Denial (we can do this);
- Anger (if the real estate agent/lender/spouse/child/etc. hadn't...fill in the blank.... I wouldn't be in this situation);
- Bargaining (maybe if we...);
- Depression (it's hopeless);
- Acceptance (OK, let's move on).
You should call the a real estate agent and perhaps an attorney or financial advisor when you are in the "bargaining" stage, assuming (at that time) that you are still current on your mortgage. That's when we can help you examine options. Talk to consultants that you trust, who have your best interest at heart and who are not charging you for their advice at this stage of the game. Be wary of their interests - if they get paid only if you do one thing, expect them to want you to do that one thing; especially if they are pushing you very hard rather than trying to help you. For example, respect a real estate agent who asks you if you've attempted to have your loan modified so you can stay in the home.
DEFINATELY call a real estate agent no later than when you realize you can not make the next mortgage payment. The further behind you are in your payments the harder it is to have a successful short sale, and you may have eliminated other options at that time, too.
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In the next posts, we'll talk more about the selling side - about what the ingredients are for a successful short sale, and about about the role of the real estate agent, attorney or third party negotiator in the short sale process. Then, we'll talk about the buying side, and what risks buyers have and the countermeasures they should take to reduce risks. Stay tuned!
If you are wondering if you should consider a short sale, call me. I am happy to provide a free consultation any time.
Vicky Chrisner, Keller Williams Realty
Ofc: 703-669-3142
Email: VChrisner@KW.com
