Showing posts with label short sales. Show all posts
Showing posts with label short sales. Show all posts

Wednesday, August 15, 2012

10 Things A Seller Should Know About Short Sales

I am slowly but surely migrating to using ONLY my wordpress site for blogging.  So please visit me there: www.VickyChrisner.com/News.

Here are 10 things everyone who is “under water” on their home should know:
1. If you owe more on your home than it’s worth, you can still sell in most cases, even if you do not have the money to pay the balance of the loan. This is called a short sale.
2. If you do a short sale, in most cases lenders are processing these fairly quickly – from listing to close can be as little as 60 days, 90-120 days is more common.
3. Most lenders will stop the foreclosure process if you are working on a short sale.
4. Most sellers can get full debt forgiveness from their lenders (meaning after the sale they no longer owe their lender).
5. If you get debt forgiveness THIS YEAR (this requires you close your sale by 12/31/2012), most people will not have to pay taxes on that forgiven debt. (See information on the Debt Forgiveness Act here.)
6. A seller’s credit WILL be damaged; but it is temporary. Before you do the short sale, consider your credit related needs, especially as it relates to finding your next place to live.
7. Although high security clearances often require credit reviews, I have never had a seller have trouble renewing their security clearances because of a short sale. Especially in these circumstances, short sales are preferred over foreclosures.
8. Some sellers are eligible for financial assistance when they file for a short sale… It’s mind blowing and I know it, so let me say that one again: YES, some sellers receive CASH from their lender for doing the short sale.
9. Short sale sellers without extenuating circumstances can restore their credit to above 700 – in most cases – within 2 years.
10. Most short sale sellers can be eligible for a home purchase loan in as little as 3 years (via an FHA loan which only requires 3.5% down). Some sellers can get loans sooner.
These 10 things reflect “typical” experiences with short sales…. it does not account for every “what if” which may apply to you.  I am happy to talk with you more to learn about your circumstances and then I can provide you with information about what the most likely scenario is for you, should you need to do a short sale.
703-669-3142
MyAgentVicky@Gmail.com

Tuesday, March 15, 2011

FHA Short Refi Program - Hmmm....

Five of the largest US lenders are signed up to participate in the FHA Short Refi program... but don't count on it helping you. While 50 MILLION dollars have been allocated to the program, a whopping 44 (yes, forty four) people have been helped. (Source: Housing Wire - see article here. 
This falls under the category of "Things that make you go Hmmm...."  Sort of.

Why aren't they actively participating?  And, for that matter, why don't banks just adjust the loans that are in place rather than doing a short sale?  

By and large, banks need cash, so if they are going to write down their "receivables" (aka - reduce the amount due to them) then in exchange they want cash, the highest amount they can get.  Simply modifying the loan doesn't provide them with a lump sum of cash... so they it really isn't in their best interest.

This is yet another reason short sales are their preferred way to dispose of risky loans.

For news tidbits like this, stay tuned to http://www.therealestatewhisperer.blogspot.com/ or www.Facebook.com/TheRealEstateWhisperer.

Need help evaluating your options?  Give me a call!

Vicky Chrisner
Keller Williams Realty
703-669-3142

Tuesday, February 1, 2011

MARS Ruling - New Protections for Homeowners

Recently, there was new legislation regarding companies negotiating loan modifications and/or short sales on behalf of homeowners.  Essentially, there are new disclosures required from the agents or modification companies and the law now says that these companies/agents may not require an up front fee be paid, that the companies can only get paid on a contingency - meaning if they are successful, then their fee becomes due.

This is great legislation for homeowners, and is being referred to within the industry as the MARS ruling. 

ALSO SEE:
Guidelines for servicers/REALTORS from the National Association of REALTORS re: MARS RULING:

Saturday, June 26, 2010

Real Estate News This Week

"As goes the real estate market, so goes the economy" - this is what economists say, and recent years have truly supported that sentiment.... in fact, if the real estate market in America collapses, so does the whole US economy...and then the global economy. 

So, no matter whether you're a property owner, buyer, seller, renter, investor, if you have stocks, a 401K or IRA or simply have a job-or want one... it makes sense for you to stay in tune with the major headlines impacting our real estate market.  Here's a quick glimpse of this week's headlines:

The Washington Post reported this week that mortgage rates officially hit their lowest point EVER, with the 30 year fixed offering rates as low as 4.69%!  (SEE ARTICLE) It may be time to refinance, or re-visit the idea of moving into a new home!  Be sure to contact me for all of your real estate needs, or for a referral to a trusted lender.  If you're already in the market, be sure to check out our earlier post listing open houses this weekend!   Also, if you're thinking about buying, you don't want to miss the post from earlier this week on the 4 Cs of lending - how lenders review your loan application and determine your creditworthiness.

Fannie Mae is cracking down on strategic defaulters...the message being:  If you need to get out of a mortgage, you need to be working with a REALTOR to do a short sale.  (SEE ARTICLE) Those choosing to walk away may have some surprises in store for them.  If you're in a situation where you think you need to consider a short sale or other alternatives, I might be able to help... VChrisner@KW.com.

Our federal government, at the urging of the National Association of REALTORS has been toying with the idea of extending that home buyer tax credit.  Even though I think that NAR is a great organization and does a lot of important work on Capital Hill, this is one movement I just can't support.  In any case, as of Friday, it has't passed... we'll have to see how this plays itself out.  The movement does have momentum.  Stay tuned.

HousingWatch.com is predicting a housing shortage by 2015 in the Washington DC region.  What do they think that means for pricing?  They think that means we'll be back to 2005 pricing... but most economists and local REALTORS don't agree with that blanket statement.  I don't.  But, check out their article anyway (CLICK HERE)

Forbes.com published a really cool "migration" map...showing the migration patters of...AMERICANS!  Click on your county and see where people are coming from and going to! (SEE MAP)

Are you thinking of selling?  Here are a couple things you might want to check out:
Order a Market Snapshot (works anywhere in Northern Virginia, but you do need to enter your address, some info about your home and your correct email) - a report showing nearby comparable homes that have sold and that are on the market will be sent to you, automatically, in minutes...and it will be updated monthly and sent to you.  (No bulk emails, promise!) 

Are you in Leesburg or Loudoun?  Check out the independently prepared and audited reports showing the top brokerages in the area... You probably guessed why I am posting it, of course my office is #1 - again - for the umpteenth time.  If you want to sell, hire the best. 
Call or email me today: 703-669-3142  VChrisner@KW.com
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Information on these subjects and links to the source reports are available on the Facebook fan page for "The Real Estate Whisperer"-become a fan today to be among the first to here about breaking news. 

To schedule a time to discuss your personal real estate situation, contact me today:

Vicky Chrisner
Ofc: 703-669-3142

Thursday, March 4, 2010

Warning to Homeowners Doing Loan Mods


If YOU are attempting a loan modification with your mortgage company, and they are sending you delinquent notices and tell you to "pay no attention" to those notices... do not believe them. 

Time and time again, homeowners are being told by their mortgage company that they (a) should stop paying their mortgage while they are applying for their loan modification (b) to pay no attention to the delinquency notices or default notices or warnings of an impending foreclosure.. and the loan mod department continues to ask for documents, information and more "stuff" from the homeowner.  All the while, the department that processes delinquents/foreclosures is indeed moving forward with foreclosure measures, and before you know it, the mortgage company forecloses on the property. 

In one case that I know of, the loan modification department asked for information to process the modification twice AFTER they'd already foreclosed on the home!

In another case, the loan mod department told the homeowner that their modification had been completed successfully, and reduced the payment... and then suddenly sent a letter saying that the full amount that was delinquent was due immediately or the home would be foreclosed upon 10 days later. Needless to say, another home was lost.

In still another case, a friend lost a home that had been in her family for generations when in fact she could have begged or borrowed funds from other family members to bring the loan current, had the loan modification department not told them that the loan modification was going through!

Please don't be the next victim. These stories are breaking my heart, especially when they happen to friends. 

An important note to this story -  Wells Fargo seems to be the name I am hearing most often associated with these kinds of stories, although it is certainly not the only bank. 

Some loan modifications are successfully approved, but VERY few... and of those, even less modify the loan enough to make the loan affordable.  You may be better off to consider a short sale. 

If you are in the Loudoun/Dulles area, and are considering a short sale, I'm pleased to offer you a free consultation to determine if that is a good option for you.

703-669-3142

Other blog posts with short sale information:

Monday, October 19, 2009

A Short Sale, Anything But Short


The first time I heard a buyer say they thought a short sale was someone who needed to sell quickly (in other words, they thought the sale would happen in a short period of time), I giggled a little. When I thought about it, I could totally understand the thought pattern. The reality is nearly the opposite....a short sale can be anything but short!
The term actually refers to the current owners needing to sell and being "short" the funds it will take to pay off the lender. So, the current owners need to negotiate with their lender an alternate repayment plan or forgiveness of the remaining debt. In today's market, banks are doing anything to avoid foreclosures, so we are seeing more and more short sales approved; very often with full debt forgiveness to the sellers.
This is truly a win for the sellers. Sure, their credit takes a hit. But, their bank accounts and immediate financial future is far better off than if they were to go through a foreclosure. And, it is expected that many of these sellers will be eligible for purchasing again in the not so distant future.
Buyers, on the other hand, need to be willing to stay the course, and hope for the best. There are opportunities and risks.  Be sure you understand them.
Because in many segments of the marketplace today, most of the available inventory is short sales, I am going to try to break down this very complex process so you're better equipped to consider buying or selling in this kind of a transaction.

Stay tuned to http://www.therealestatewhisperer.blogspot.com/ in the coming days.
UPDATE: Read "The Long and Short of a Short Sale: Part 1 , Part 2 ,  Part 3 , Part 4 and Part 5" by clicking on the light pink links.
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Post written by Vicky Chrisner; Keller Williams Realty
Questions and comments can be posted here, or for more privacy, please feel free to email me: VChrisner@KW.com

Thursday, September 3, 2009

The Long and Short of a Short Sale, Part 4

Continuing our posts on short sales, this post discusses the most common clauses in the contract, and how you, as a buyer or seller, should attempt to negotiate the clauses.  (Please keep in mind you need an attorney or a real estate agent, or both, to advise you personally.  I am talking here in very general terms.)

All real estate contracts have contingencies in them on both sides.  A contingency is the "if" in these statements:
I will sell you this house IF ______________.
I will buy your house IF ________________.
Contingencies can be for anything you can dream up.  However, most residential contract contingencies fall into a handful of categories.
Sellers Contingencies:
To protect the seller, the primary contingencies revolve around money and the settlement date.  The seller says "I will sell you the house IF you give me $___________ by__________(date)".  If the buyers don't bring the money to closing, or don't show up, the sellers can terminate the contract without penalty  (although there may be a penalty to the buyers). 

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.
Buyers Contigencies:
To protect the buyer, contingencies almost always include: (a) financing (if they can't get a loan, they can't buy the house); (b) appraisal (if an appraiser doesn't certify that they are paying market value-or less-for the property, then they won't buy the property); (c) the dates, particularly the date of settlement; and finally (c) that the buyer needs to be getting the deed to the property, free and clear, with all rights and enjoyments of ownership (in Virginia, this is called a General Warranty Deed).  In addition, we often see buyers ask for a contingency to do a home inspection and/or environmental testing on the property; and, if the property falls in an area that has a Property Owners Association, then Virginia provides the right to buyers to receive and review a package full of information about the restrictions and fees associated with that POA.  In a short sale situation, we may also see language built into a contract that allows the buyers to terminate the contract because the "short sale approval" hasn't been received within a certain time frame. 


To improve chances of a short sale, sellers want a contract that has no buyer contingencies. 
To provide the maximum protection and lowest risks, buyers want maximum 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.

If I am representing a buyer:

  • 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.)

In this post, I sound a bit like a 2 year old, I want what I want....and I do put up a good fight if it seems reasonable.  However, in the game of real estate it is not about getting all of what you want, it is about getting enough of what you want and all of what you need; and about balancing the needs and wants of the primary parties. 

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!

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It probably goes without saying, but, if you are thinking of buying or selling in Northern Virginia, I hope you'll call ME first to see if I can assist you. Also, no matter where you are in the country, feel free to contact me. While I can not give real estate advice outside of Virginia, I can connect you with a proven professional in your area. I belong to many networks, including REO and short sale expert networks, and we have members throughout the country.


I can be reached at:
703-669-3142

Sunday, August 30, 2009

The Long and Short of a Short Sale, Part 3

Continuing our posts on short sales, this post focuses on how different situations can impact your chances of success with a short sale.  Below, I've outlined highlights of the ingredients which improve your chances of having a successful short sale.

A true hardship

If you had a true hardship which is impacting your ability to pay for your mortgage, and you provide evidence to back that up, banks have a strong reason to consider your request for a short sale.  

Banking is big business and they are under a lot of scrutiny right now; policy (i.e. politics), and the perception thereof = credibility to their share holders and financial backers; and consequently impacts their bottom line.  In other words, banks look better when they are helping people with a true sob story, a true hardship that any of us can imagine happening in our lives or the lives of others we know.  So, yes, in some ways, banks are being judgemental about your situation.  Don't let your pride get in the way when writing your hardship letter. Tell them why you need their help.  They are more likely to give it to you.

You have no other reasonable alternatives

In your hardship letter, you should spell out what alternatives you have considered (and ruled out) and what still exist, and, do it with strength.  It increases incentives to the bank for considering your request.  For example, if they can show (and you remind them) that you attempted to get a loan modification but didn't qualify, then they know you've TRIED to find alternatives.  If you've depleated savings and credit lines (and you demonstrate that), they realize you've TRIED to handle the problem on your own, but were unsuccessful.  If you're considering bankruptsy, they realize you consider yourself destitute with few options. 

Your letter should always state that you are looking for the best alternative for all involved, and you believe that is the short sale.  A foreclosure is not good for you or the lender.

For some banks, if you continue to pay your mortgage payment, they will believe that some how, some way, you will continue to stay current; and therefore, they may not consider your request, or it may be prioritized very low in the stack of requests.  Banks, too, go through a state of denial.
In all cases, expect your financial records to be required (in detail).  They will do their own calculations to determine if you CAN continue to pay. It's your job to show them you can not.  You are not asking for a small favor here; so don't expect it to be easy. 

Lower numbers of approval layers = Higher chances of success

For every bank/lender involved, another approval is required.  The more approvals required, the more the complicated and time consuming the process gets; and consequently, each approval required reduces the chance of success.  If any ONE party denies the request, the short sale will not go through.

If you have only one lender and one loan, the process is fairly easy.    If you have multiple loans with one bank, it's also a reasonable transaction to try to accomplish. 

If there are two different lenders on two different loans, you must get approvals from both; and it gets tricky.  For example, let's say you own a house worth $250,000 today, but you bought it in 2005 for $375,000 with what we called an 80/20 split - meaning you had one loan for 80% of the value ($300,000), and another loan for 20% of the value ($75,000).  Again, if both loans are through the same bank, it's not too hard; but if there are two banks, they will argue over how the proceeds get split.
 
In a foreclosure, the primary lien holder (the one with the $300K loan) would get the full proceeds of the sale - approximately $225K after closing costs; which translates to something like $215K after having to incur the costs for foreclosing, too.  (There are HUGE variables depending on banks and states here, so please understand this is only an approximate example.) The secondary lien holder will get nothing. 
 
In a short sale, the only reason a second lender would even consider approving a short sale is for a reward of some sort.  Fairly commonly, we see that the second lender will accept $5K as full payoff for the $75K loan.  Remember that it costs them money to process the sale, and so they are really not getting much at all for this.  That means they take their time approving (or not) the sale. 
 
The other thing is that the primary lender - the one that would get $215K of the $300K you owe them (of the $600K they thought they were going to get if you paid it over 30 years) - is being forced to face a painful situation, and they do NOT want to share another $5K with the second bank.  But, they might....after all, do they have a better alternative?
 
As you can easily see, however, the higher the number is that the second bank requires, the less likely the first bank is to agree to split to split the proceeds.  At some point, it makes more financial sense for the primary lender to allow the property to go through foreclosure.
 
If you add 3 or more loans with different lenders to the equation, everything can very easily can fall apart.
 
Most consumers have no idea that very often, they are paying (for example) Countrywide (now Bank of America) every month but another lender or institution is actually the mortgage holder, and BofA only services the loan (handles collections, escrows, paperwork and customer service).  When there is a servicer and investor, you must work through the servicer but the investor must approve the short sale.  While this generally does not deter chances of approval (it depends on who the investor is), it will often increase the length of time required to process a short sale.  The longer it takes, the more challenging it can be to keep buyers on the other end.  At some point, their patience may wear out.  No buyer, no sale.
 
If you have some kind of mortgage insurance on your loan, the insurance policy can impact your ability to get a short sale approved.  If the bank is not taking "enough" of a hit on the short sale, it may not qualify to collect on the insurance; and it may be better for them to foreclose on the property so they get foreclosure proceeds plus the insurance payout.  We're seeing this affect less short sales, but it can be a "behind the scenes" factor.  Part of the reason it is not impacting us too much today is that we were rarely doing FHA or VA loans or even those with private mortgage insurance in 2004-2006; at least in the Washington DC market. And, those homeowners are the ones that are being most impacted by the recent decline in home values.  When combined with a personal hardship, these homeowners make up the majority of the short sale candidates in our market.

Timing

Some parts of "timing" you don't choose.  You don't know the lenders internal climate, and what their current business policy is for dealing with short sales - and this changes often based on market and political influences; and it can impact your sale.

What you CAN choose is when to ask for professional help.  Get your real estate agent involved before you have missed a payment.  This gives your agent the most amount of time to help you examine your options and then to start the process moving along if short sale is the best strategy.

Make sure that once the ball starts rolling, everything happens as quickly as possibly.  Have your financial package ready, so that once you have a ratified contract, you can submit the package to the bank immediately without delay.
Also, in cases where there are multiple lenders, make sure you submit packages to all of them at the same time, or the earliest time at which you can deliver a complete package.  Do not get approval from one lender first, and then submit for approval from the second lender.  Your multiple banks can work concurrently on processing their packages.
Your agent(s):  The "Professional Negotiator"

Some people immediately reach out to a "professional" negotiator.  Many of these negotiators are asking for very high (non-refundable) fees upfront, and additional success fees.  I am not a fan of these companies, although some are reasonable and work WITH your real estate agent to assist you. 

I see these companies as extensions of the real estate agent.  Instead of hiring additional administrative assistants to handle all the paperwork, emails and phone calls, the agent is choosing to hire an outside company with specialized experience in the area of short sales.  However, some agents are hiring these companies because they are intimidated by the process of negotiating with your bank.  Any real estate agent afraid of negotiating is not an agent I would want to hire. 

So, if a third party company is involved, do your research and make sure you understand their role and your agent's role.  Usually, these companies require some fee upfront - if you have a complicated case, then a fee may be reasonable (not thousands of dollars).  Any success fees, since they are working as an extension of the listing agent, should be incurred by that agent, and guarranteed by the owner (my opinion). 

NOTE:  Some states are not allowing agents to negotiate short sales on behalf of their clients; they are requiring attorneys and/or third party negotiators.  In these cases, it makes sense that the agents would pass along those fees to the clients.

Your agent(s):  The Real Estate Agent

To me, the most critical decision an owner makes during this process is what real estate agent to hire.  Your agent will be guiding you through the process from start to finish.  You want to make sure your agent knows how.  Do they understand the process?  Do they have good communication skills (written and spoken mastery of the English language)?  Good follow up skills?  Do you know what the process is and who will be doing what for you? 
Remember, your agent must negotiate with the bank, facilitate a lot of financial paperwork exchange, market and advertise your property for sale, negotiate on your behalf with the showing agents and their clients; and coordinate the transaction all the way through to the closing.  It's a TOUGH job; hire carefully.

The right marketing and good price negotiation

You will need to demonstrate the marketing plan used to procure an offer.  Walking across the street to the neighbor's house and asking what they are willing to pay for the house is not going to suffice.  You must show that you listed the home, usually with a real estate agent who placed it in the multiple listing service (not all areas have these, believe it or not).  You must show that you did all the typical stuff - internet advertising, signage, etc. and that you attempted to make the availability of the home known to the widest possible audience in an attempt to procure the best offer possible.
You must also demonstrate why you used the asking price you did - with comps and market data... not because just about anyone will buy just about anything if it is cheap enough.  You can not ask $100K for your $250K house and then expect the bank to accept an offer at that price. 
In a continuing declining market (by the way, this is no longer the case in our area), you might have run comps that supported a $240K-260K price point, so you listed it at $235K to try to get a quick offer.  After 2 weeks, you dropped the price to $225K, still nothing.  Now, you're 30 days into this and there have been no new sales in your market place in that 30 days and no body seems that interested.  You get an offer of $175K. 

Well, here's what I'd do - I'd drop the asking price to $175K and wait a few days - maybe a week, to see if I can get that offer from anyone else.  Hopefully, you'll get an offer at $200K, maybe $215K, and then you can ratify and send it to the bank.  If not, I'd ratify the $175K offer and submit it.  You can then show that you TRIED to get a better offer or multiple offers at that point, and you couldn't.  It demonstrates that the price is not below, or at least not far below true market value.

The right buyer

Selecting a buyer who understands the short sale process is important.  If the buyer MUST move within 60 days, and you haven't started the process with your bank, that is not going to work. 
Selecting a well qualified buyer is critical.  Make sure that the buyer has the funds available to close, and that they are in an FDIC insured account (not the stock market).  Make sure the pre-approval letter is from a well respected loan officer and from lender (not a mortgage broker) and is current.  If the process takes several months, your agent should be checking in with the lender to make sure the loan program remains available and that the buyer (to the best of his/her knowledge) is still qualified.

The right offer

If you're in a fairly active market, your agent should market your price agressively, but not ridiculously, in order to obtain a quick offer - hopefully many.  The lesser contingencies the better. The buyer will want some protection in the contract - it is only reasonable.  But, as the seller, negotiate as much as you can in your favor.  Make sure the buyer understands - even if they do a home inspection - the property is being sold as is, and the homeowner will make no repairs (after all, this is a financial crisis, and the buyer is getting a great deal).

If you are "approvable" based on the bank criteria, the price is the make or break it point of the short sale contract.  While everyone knows that short sales, from a buyers perspective, SHOULD be good deals, it can not be much below what the bank's appraisers show is fair market value for the home.  If you sent in an offer of $100K on your $250K home, the banks generally won't accept it.  Remember, most are taking public bail out funds, and almost all have public share holders or atleast multiple financial backers.  Even if they WANT to, they can not take ridiculous offers... their financial backers would walk, the public would scream.  It simply isn't possible.  (Keep in mind here that I am not referencing a list price, but market value.)

When it falls apart

With so many variables, often sales fall apart on the buyer's side.  Maybe the buyer can't wait any longer, or their financial situation changed, or you simply picked the wrong offer because the buyers agent can't manage her clients' expectations, or maybe the bank counters with a higher price and the buyer chooses not to accept it.  Whatever the reasons, buyers often walk.  But, the first contract is critical because it starts the ball rolling with the lender.  If your contract falls apart, I discourage you from telling the bank this information, because they will stop their process.  Just get a new contract; and try to collect the earnest money for your clients.

Maybe you had back up contracts, or maybe just other offers - call them back.  Maybe they are still interested?

If you've gotten bank approval when the contract falls apart, getting the second offer should be easier - once you put the house back on the market, and you can show potential buyers the terms that the bank agreed to, it means most of the waiting is over.  If you replace the contract quickly enough, perhaps you won't even need to get reapproval (depends on how the approval was issued by the lender).  Even if you are required to get re-approval, try hard to match the terms and conditions and make the contract as strong as possible.  From a buyer standpoint, putting an offer on an "approved" short sale takes much of the guessing and waiting out of the process, and makes your home a very attractive alternative.
BOTTOM LINE:  By working with a qualified professional who understands the various nuances involved in these types of sales, your chances of success are dramatically increased.  I've done my best to outline for you the major considerations.  I hope you will use these to interview agents.  Make sure they can expand on these items, and explain which are mostly likely to impact you.

STAY TUNED FOR MY NEXT POST WHICH WILL OUTLINE THE VARIOUS TERMS OF CONTRACTS AND CONSIDERATIONS ON BOTH SIDES OF THE TRANSACTION.

***

Of course, if you own a home in Northern Virginia, I hope you'll call ME first to see if I can assist you.  Also, no matter where you are in the country, feel free to contact me.  While I can not give real estate advise outside of Virginia, I can connect you with a proven professional in your area.  I belong to many networks, including REO and short sale expert networks, and we have members throughout the country.
I can be reached at:
703-669-3142

Tuesday, August 25, 2009

The Long and Short of a Short Sale, Part 2

Since the homeowner is the one who initiates the short sale process, let's look in more detail at the selling side.

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.

******

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

www.VickyChrisner.com

Sunday, August 23, 2009

The Long and Short of A Short Sale, Part 1

In general, the following is the process of a short sale. There are many variables due to specific lenders, particulars of the parties involved and the heavy influence of third party negotiators and/or the involved real estate agents. * Regardless of the path taken to get to this point, the sellers eventually decide that attempting to negotiate a short sale with their lender(s) is their best option. Lenders will not approve a short sale until there is a contract in hand. * The homeowner contacts a real estate agent. Not sure how to screen an agent for this process, the homeowners generally pick the first person who says they can help. Sometimes this works out fine; other times it does not - but we'll cover that in a later post.
* Because there is often a race against a clock to prevent foreclosure, the agent should see this as a firesale and market the property agressively, at a price they hope will quickly attract buyers; but the agent should be careful not to market the property too low, as the goal is to procure an offer that the lender will approve. * An offer, or multiple offers, are received. The agent should assist the sellers with reviewing and negotiating the contract, and should be sure to include a contingency addendum that provides for "third party approval", namely approval of the lenders. * An offer should be ratified. * Contract now in hand, the listing agent and sellers put together the required information for the seller's lender, and forward the package to the bank. This package includes seller's financial information, bank statements, paystubs, tax returns, a "hardship letter" explaining how the seller got into this mess, and why they need help getting out of it, the ratified contract to purchase the home, a Comparable Market Analysis of the property estimating fair market value, and other things that may help to persuade the bank to approve this short sale. * The bank receives the package, distributes it to the right department, and the file is assigned to a negotiator at the servicing bank. * The negotiator reviews the package, and may return it in its entirety to the seller because it is incomplete or the seller does not meet the requirements to qualify. Or, the negotiator will move it to the next phase. * A BPO (Brokers Price Opinion), appraisal, or both, are ordered for the property. * Once received, the bank has a third party's impression of the fair market value of the property. The negotiator can "counter" the offer on the table (if they feel the ratified contract is too low), can reject it, or can recommend it for approval. * Once the negotiator can recommend the package for approval, it is submitted for another layer of review, where it goes through a similar process. If it is not approved, then it will be sent back to the negotiator with instructions to counter or reject the offer on the table. * This negotiating process may include negotiating the sales terms (usually price) and/or negotiating for additional payments from the seller, either at the table or over an extended period of time, post sale. * There may be multiple layers of approval, especially if losses are significant for the bank. Also, many times the servicing bank is not the investor. So, once the servicing bank makes a recommendation for approval, the investor(s) will also need to make the same recommendation. They may or may not request additional BPOs or appraisals. Each additional layer of review increases the time the process takes. Each item that must be negotiated also increases time frames. Once the bank agrees to the short sale, a letter is sent to the seller outlining the terms of the sale that have been agreed to. Then, and only then, can settlement take place. For buyers, this process is a big "hurry up and wait" experience, and then more rush to get to the closing table. Generally, banks require closing must happen inside of 30 days from the date of their approval. Because of the time involved, many buyers fall out. They become disenchanted with the process and move on to another home. For this reason, many short sale listing agents prefer to have a few back up offers in place. The trick here is getting the back up offers to have the same price and terms as the original. Also, if primary buyers drop out because of lack of interest, you can be certain that secondary buyers are even less attached to the home. In my next posts, I will break down concerns buyers and sellers face and how to minimize risks and make the most of these types of sales. Stay tuned.

Wednesday, April 29, 2009

The Risks of a Short Sale

For a seller, a short sale is a success! It means you were able to sell your home and amicably negotiate a resolution with your lender, which may have included full or partial debt forgiveness, and other benefits.
The largest risk for a seller is being taken advantage of in a mortgage assistance scam. However, it is very possible to attempt a short sale and completely avoid that risk. For those sellers, the only risk is that the sale won't go through, and the property will be lost to foreclosure. That is a big risk, but for most sellers, BEFORE they start the short sale process they realize this is where they are headed unless they can intervene.
For buyers, there is significant risk.
* How much time will you lose? As a buyer, you don't really know how long it will take for the seller's lender to approve the sale; or worse, NOT approve the sale. If there is only one loan, we're seeing 6-8 weeks as the normal time frame for approval now. This is WAY down from 6-8 MONTHS a year ago.
* How will you compete with other buyers? I see listing agents who advise their sellers not to ratify an offer at all until the lender approves one. Some listing agents submit offer after offer to the lender without even responding to buyers to acknowledge the offer. I have seen listing agents who advise their sellers to ratify multiple offers as primary contracts - with the caveat of the 3rd party approval requirement. Their theory? The lender will only approve one contract. So, MANY buyers, an infinite number of them, may be sitting, waiting months to learn that their offer was accepted, or may never get a response at all.
* The lenders control the clock. Once approved, they expect you to settle quickly - usually in less than 30 days. If you can't, you must have the sale "re approved".
* Sellers disappear! Sellers have very little to lose and often feel hopeless about the situation - especially if it doesn't appear that the bank will be approving the sale. Believe it or not, we're seeing cases where the bank approves the short sale, and the sellers are no where to be found... and the sale can not be completed without the seller. In both cases, if the buyers deposit is in escrow, it is difficult to get it back. There's a process, but it is time consuming and frustrating.
These and many other situations are commonplace in todays market. In fact, they are quickly becoming the most frequent type of transaction in the Dulles region (Fairfax/Loudoun County). And, keep in mind that short sales are realitively new to the marketplace, and many agents are still extremely unfamiliar with the process. So, before entering this market, make sure your agent knows the market and all the various Types of Sales Seen in Today's Market.
A buyers agent's advice about how to structure an offer should vary dramatically for a short sale or an REO. Ask your agent about the differences.

Tuesday, April 7, 2009

Need Help with your Mortgage? Watch Your Back!

As a real estate professional, I get calls from people that are struggling to pay their mortgage, or concerned because they have to sell, and they owe more than their homes are worth. Many in my profession have been recommending services from "professional negotiators". These are companies that brag about large success rates and large volumes of completed transactions - either in loan modifications or short sales, or both. But, these "professional negotiators" cost money - anywhere from a few hundred dollars to several thousand. Most of their fee is not contingency based, and it's often required to be paid up front. Many of these companies are SCAMS. (Click here to see the CBS Articles on these scams and how the government is working to stop them.) No, I do not believe that the agents who are referring these companies recognize they are scams... I think they've been duped like everyone else. I think these agents and loan officers want to help the consumer, but they simply don't know where to send troubled homeowners to get the assistance they need. Here's the straight truth: There are different groups of consumers, with different needs, and each should be seeking the type of help they need from different types of professionals. So, WHO YA GONNA CALL? Some homeowners want to stay in their homes, but are struggling to make ends meet. These people need to be talking to their lenders, particularly if the reason they are struggling financially is a temporary hardship which will be resolved in the foreseeable future. When homeowners are overwhelmed or unsuccessful they can ask for help through HUD approved loan counselors who do not charge a fee to the consumer for their services. The reality is very few loan modifications have been done, and of those that were completed, many homeowners are delinquent, AGAIN, despite the temporary reprieve. So, they may have to find a way to sell or allow the bank to foreclose. Some owners MUST sell - perhaps because of a job relocation, divorce, or other life change, but they owe more than their homes are worth. These people need to be talking to a real estate agent they trust and working on a short sale to avoid a foreclosure. Real estate agents will charge a commission, and the fee is usually only paid if there is a successful sale. Some agents will require the use of a professional negotiator. If that negotiator's fee is a large, upfront, non-refundable fee to the seller... run. If the negotiator charges a fee to the seller, the buyer, the agent, the buyers agent, the title company and anyone involved in your transaction- run, run, as far as you can, as fast as you can. These are definately scam artists - and if they are going to require that everyone who is involved in the transaction pays a fee, then your house's chance of successfully selling is significantly reduced. Some very busy real estate agents may think it makes sense to hire professional negotiators to assist them with getting the sale from contract to close. If the agent is paying for this, and it is included in their fee, then I think this is okay - it would be the same as if the agent was hiring more administrative help to support the increased work load. I also think it is fair when agents charge more for a short sale than another type of transaction. But, commissions are negotiable, and any consumer (and agent) involved in a transaction needs to know that the bank - who is ultimately paying the commission - will have to approve the commission expense, so it must be within certain limits. [Fannie Mae issued a guideline that a maximum of 6%, with a small administrative fee is acceptable.] Still other owners are comfortable paying their mortgage and may or may not have equity, but want to take advantage of programs that are available that may help make them more comfortable - forgiving part of the debt, lowering payments, whatever is available. These people need to make friends with a good loan originator who stays up on the current trends and can tell them when there is an incentive or a loan program that will benefit them. Loan officers do get paid for originating any loan that is successfully closed, but again, only if they are successful. Consumers - watch your back. Many people out there see you as vulnerable, and they will take every last dollar you have. The government has made free help available to you, and true professional loan officers and real estate agents will be skilled in helping you navigate the ins and outs of today's market - for selling or refinancing.

Saturday, February 28, 2009

Adjusting ARM, but Your Upside Down... Now What?

Many people are finding themselves in exactly this situation... the payments have been affordable, up until now, but their ARM (Adjustable Rate Mortgage) is adjusting, and maybe more than a little. This could be the difference between "a house you can afford" and one you can't. Originally when you took this loan, you figured you would be ready to sell by now, but it's a different world than you expected. You'd refinance, but you're upside down and don't have a bunch of cash to bring to the table. So now what? There is a product that might help you. It won't help everyone, but it will help some.... a lot of people, actually, if they know about it. So tell everyone you know! It's called an FHA Streamline Refi. They don't look at your income, your credit, your debt, or even the equity you have in your house... they ONLY look at your mortgage payment history. If, up until now, you've been paying your mortgage payments every month, on time, then you probably qualify. You can borrow up to the amount you originally borrowed. If you have not paid down your mortgage at all, then you may have to come "out of pocket" for closing costs. But, if you've paid down a bit of your loan since you originally got it, it may not be that much. So, it's worth checking into. I recently met with sa couple who owned 2 homes, and they could not afford them. They were considering doing short sales on both to get out from under the debt, but they really do need "somewhere" to live and they really do love their home and want to stay there. Being upside down is not what bothered them, it's the fact that they would soon have no savings left and would not be able to continue to make the monthly payments. After having them talk to a lender that I work with, we were able to determine that if they brought about $3,000 to the settlement table to cover closing costs, they'd be able to refi using this product and drop their rate from 7.35% to about 5%, saving them $500-600 a month... yes, A MONTH. It does not take a rocket scientist to realize that this would make a significant lifestyle difference for them. True, they may still short sell the second home, but that is yet to be decided. They think they can continue to pay both payments with the new payment amount....and that is a big win for everyone. Interested in learning more? Visit my web site, and talk to one of the Preferred Lenders listed there.

Friday, November 7, 2008

Short Sales ARE Selling!

Some homeowners being forced to sell today are faced with a challenge because their value may be lower than the mortgage they owe. In these cases, agents, attorneys and other professionals are stepping in to assist homeowners in negotiating with their banks to permit the sale. For months, banks failed to realize the advantage to working with these homeowners and their agents. But, finally, the tides are slowly turning and short sales are being approved! This is reducing the number of home loans in default and offering options to foreclosures.
In cases where there has been a hardship (forced relocation, death or disability of a family member, divorce, job loss, etc.) and where the homeowners are truly indigent and unable to pay, lenders are forgiving the remaining debt. In other cases they are permitting the mortgage deficit to be paid in installments after the sale. But, for every successful short sale, banks are controlling their losses.
Buyers are getting good deals in return for the added patience these sales require. Sellers are able to sell and get out from under a mortgage they would not have been able to continue to pay. Neighbors and communities are avoiding another foreclosed home which may sit vacant for months, racking up unpaid taxes and HOA fees, and becoming a liability to the community as a whole.
Successful short sales ARE a win for everyone. For more information about how you can be a winner, whether buying or selling, please contact me.

Thursday, July 3, 2008

The Great House Hunt

UPDATE: Thanks for coming to my blog. Regardless of how you got here, this series was written in 2008. The market is ever evolving and hopefully you will find this information outdated. A better source of CURRENT information about buying an REO can be found by clicking HERE: REOs in 2010.


==============ORIGINAL POST===================

So, you’re ready to go see some properties. With the REOs flooding the market, the term House Hunt is starting to have a new meaning. Looking at some REOs can be an adventure – think “Wild African Safari”. Here are a few tips on what to expect when you get out there… none of this is fiction, it is based on actual experiences; and it includes mundane information that will bore you, but make you more prepared for the day of "the HUNT".  (Watch this video - it will give you a clue! This was prepared by a colleague at another brokerage, but is similar to stories heard around the country!)



Short Sales – In our area, you’ll find that these are often occupied homes, so you must call ahead before going to see the homes. Many times, they're in good shape and very presentable. Sometimes, however, the "depression" of the owners will be obvious.
REOs – Let’s call these what they are – abandoned properties. You never know what you will find.
- There may or may not be a sign out front. You'll likely be greeted by signs that say "WARNING" and then have a bunch of smaller writing...but they will not be warning you of the stuff that they SHOULD be warning you of! - These homes are generally (but not always) “trashed out” – meaning the owner’s stuff that was left behind has been removed. There MAY have been a surface cleaning done. (Tip - DO NOT OPEN THE REFRIGERATOR, even if the house looks clean.) - Previous owners, depressed and angry about their situation, may have deliberately vandalized the home – and sometimes you find some really gross stuff in there. - Locks have likely been changed and the property may be winterized and/or have no utilities in service. Try to plan your trip when there’s plenty of daylight. Sometimes the locks are broken. I had a door knob fall off in my hand once. Bring a screwdriver with you. And, while you’re at it, you might want to bring a flash light, too, and, oh, a pair of rubber gloves never hurt anyone. - Who knows the last time someone checked this property? Check the perimeter of the property, and enter carefully, some of these vacant homes are being occupied by the homeless, or prostitutes. And wild animals, or dead animals (or dead wild animals) are being found inside. - Consider your dress. You could have to walk through the yard to get to the home. The grass could be overgrown (think trash, pet waste, snakes or ticks) or you could enter a home that has a pest infestation. Wearing sandals or heels and a nice suit may not be a good choice.
I do not say any of this to scare you. Banks are taking more pride and doing more to ensure that the properties are presentable. However, I know I wish someone had warned me before I showed a few of these properties!
Traditional Sales – These may be vacant or occupied, so read the showing instructions carefully. They will generally be in presentable shape, they may even be professionally staged. Utilities are usually on, the home is comfortable, and visiting these homes can be pleasurable. Sometimes, they’ll even have nice brochures, smooth jazz playing in the background; there could be take away promo items or even refreshments! Gosh, you’d think these people want to sell! After your first trip out, you’ll be more educated. Look at the prices, consider what cleaning and maintenance costs might be involved. (I had one home inspector make a written recommendation to a buyer client of mine to have the toilet cleaned by a licensed professional.) Talk to your agent about the timelines and potential negotiation and transactional pitfalls to expect from the various types of sellers. Still thinking of focusing on REOs? It’s something to consider. But, make sure you get a good deal.

Now that you have a clue about the market, are you ready?  Well... come on!  Hop in and let's start looking!

My next post will be on preparing the offer for an REO. So, you can stay up and keep reading... or jump in the car with me, and we'll talk on the way to look at houses!

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Wednesday, July 2, 2008

Ready to Buy?

UPDATE: Thanks for coming to my blog. Regardless of how you got here, this series was written in 2008. The market is ever evolving and hopefully you will find this information outdated. A better source of CURRENT information about buying an REO can be found by clicking HERE: REOs in 2010. FINANCES How much cash do you have to purchase this property? Will you need financing? What will that financing look like? Interview a few lenders. Find someone that has competitive rates and a wide range of products, and find someone that explains things to you well, and most importantly WHO YOU TRUST. Then, examine your options. Consider both the cash for closing and the monthly payments. Don’t forget about taxes and insurance, and HOA fees. (Tips: If you already have a buyer's agent, ask for a referral to a couple of lenders. Other good sources include a bank or lender you already have an established relationship with; and/or a referral from someone you know.) FIND AN AGENT Now, interview a few buyers agents. Most buyers NEED one, but even those that don’t NEED one, will find a great amount of convenience and pleasure in having someone coordinate this process for you and advise you at every turn. Working with a true professional will bring you great value. Plus, if you make a bad decision, and you don’t have a buyer’s agent, who will you blame? (Tips - find good agents through referrals of friends and relatives; but then interview them. All agents are not alike.) LEARN ABOUT THE MARKET An agent can tell you what’s available that meets your criteria based on an automated search. From there, drive the neighborhoods, get a feel for the areas you like best. Have your agent set you up with an automated search so you’ll be notified of homes coming on the market that might fit your criteria. This online studying will be the start of your education about price fluxuations, neighborhoods, available inventory and the activity level in the areas you're considering. If you are an investor, consider the strength of the rental markets, too, and the property price vs. the rental rates. Your agent should be able to help with this. After you’ve selected a few potential neighborhoods, consider looking at a homes. Here, there may be some minor differences between looking at “short sales”, REOs, or traditional sellers. Choose what homes you’ll see based on your criteria and the price. Don’t specifically target REOs, Short Sales or Traditional sales just yet. I learned along time ago to consider what I hear but to make my decisions on my first hand knowledge. Your agent should share their experiences with you, and be able to prep you on what to expect - like the things I will tell you in my next post… So, before you run out to get that first hand knowledge, wait for tomorrow's post. You'll be glad you did.

===================================
You’re an investor or a personal home buyer, and you are looking for a great deal. You’ve heard that “foreclosures” are the way to go, but after reading my last post, you now know that those “layman” are mostly talking about REOs. Anyway, where to start? Start where all buyers should start – outline your goals and get a plan together. Consider: WHAT DO YOU LIKE For a personal purchase, this is about where you'll live and the quality of your life. Consider what your household needs to be comfortable and happy. How much space, what kind of neighborhood, schools, communities amenities. How many bedrooms, bathrooms? What kind of finishes? How big of a yard? How will you get to and from work? For an investment property, who will be your renter? What will they like and need? How will the property be managed? Can you do it or will it be too far from your home? Are you OK with handling maintenance issues? HOW LONG YOU WILL OWN For a personal property, think about how you believe your family will evolve over the next several years. How’s your health? What about your parents – will they be moving in? Do you plan to have kids or do you have kids going off to college? Will you be getting married, divorced, or getting a dog? How’s your job stability? Are you likely to be transferred? If you lost your job could you find another close by? Really think about this. Based on the answers to these questions, how long do you think you’ll own the property? The average is 7 years, by the way. Some people move more often, some people only move once in their adult lives. What kind are you? Here’s a tip – if you won’t live there (or don’t want to own the property) for a MINIMUM of five years, then consider renting. For an investment property, it's part of the basics. Real estate is a solid investment as a long term hold. This not the market for a fix and flip or pure short term speculation – it’s entirely too risky, so skip it. Put your money somewhere safer. If you’re planning a long term hold, more power to you – this is a great time to buy.

Friday, June 27, 2008

What A Seller Should Know About Short Sales

We live in a rapidly changing environment, and what was good advice just a few weeks ago is not true today. So, check with MANY professionals before you make the decision to attempt a short sale. Things that increase your chance of having a short sale approved: -You have one lender, not multiple lenders. -If you have more than one lender, other lenders will be getting some of the proceeds of the sale. (With a foreclosure they usually get nothing.) -You are not requesting full debt forgiveness, but instead are asking for an unsecured note to pay any deficit in what is owed to the bank(s). -You are current in your payments (if you’re behind already, its too late – they will foreclose faster than you can get the sale approved). -You move QUICKLY. -You provide the documentation they ask for, QUICKLY. -You have had a change in your circumstances that has led to this issue – forced relocation (like military), illness, job loss/change, disability, divorce, etc. -You can prove every claim you make “I can’t afford the payments much longer”, “I don’t have the resources to pay off the balance I’ll owe”. -You marketed the property properly and received one or more reasonable offers, all of which are arms length (not your brother). Other things you should consider: -If the lender forgives any portion of the debt, you could owe taxes on that amount. Learn about the Debt Forgiveness Act Here, and talk to a competent tax advisor who is “up” on this (this is a law recently enacted and there are very few people who’ve filed a return yet under this new law). -You will be forced to give the lender a gazillion papers (you will know that gazillion is a number once you see what they are asking for). -This will take A LONG time. -Consumers are being PROSECUTED for loan fraud, if you fudged the truth about your income when you got the loan, you should seek competent legal advice before contacting your bank. (Please note this is true even if the foreclosure happens). -Your credit will still be significantly tarnished, and you likely won’t be able to buy another home (ever) without 20% down, and you won’t be able to buy at all in the near future. (However, it will probably be better than a foreclosure.) As you can see, you’ll need to consult with a tax accountant, possibly an attorney and definitely a real estate agent before making the decision. It might seem too hard, but, if your house goes to foreclosure, you’re not off the hook. Banks are pooling these “bad debts” and selling them to companies who will come after you for the remaining balance, unless you’ve negotiated something with the bank that prevents that. And, consumers who participated in loan fraud are being prosecuted regardless of whether the home went to foreclosure or there was a short sale. Being proactive and negotiating with a bank upfront for a short sale is probably your best option, you might be able to limit your future exposure for collection efforts, tax ramifications or prosecution for loan fraud.
Bottom line - if there is a way you can continue to ride out the market, pay your mortgage payments and make good on your debt, the market WILL eventually come back, and THAT is your best option. The WORST thing you can do is take the "Ostrich" approach and stick your head in the sand. Call a professional who can walk you through this process and get you the resources you need.
 
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