March 24, 2011

Bank of America’s Cooperative Short Sale Program…Really Any Better?

Posted by martikilby under Bank of America, HAFA, Short Sale | Tags: , , , , |
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I was part of a Bank of America Webinar today during which they outlined the benefits of their new Cooperative Short Sale Program and took questions from way too many clueless agents.  To listen to the speaker, this new program is the greatest thing since sliced bread, but I think that remains to be seen.

The key difference between this new program and the traditional short sale program is that much of the work on the bank’s side that usually doesn’t begin until after an offer is submitted, can now begin before the home is even put up for sale.  This means that a homeowner with a B of A 1st mortgage who recognizes that a short sale is his/her best option can work with their Realtor and get the process started before actually marketing the property.  B of A will complete the valuation process and let the Realtor and homeowner know the suggested list price prior to listing, in theory speeding up the approval process once a qualifying offer is submitted.  In fact, with the review of the homeowner’s financials and the valuation completed prior to marketing, B of A is promising a response to an offer in 10 days.

The program is modeled to a large degree after the HAFA program, and like HAFA, the homeowner may qualify for a relocation fee in the amount of $2500, (HAFA is $3000).   Approval in the cooperative program would also halt foreclosure action and give the homeowner 120 days to find a buyer.  Unlike HAFA, the Bank of America cooperative Short Sale Program can apply to non-owner occupied properties.

While this all sounds pretty rosy, it was not exactly clear what happens when there is a 2nd mortgage held by another bank.  Are we to believe that they’ll speed up their approval processing to keep pace with B of A?  Ha!  And what about deficiency judgments?  In a HAFA short sale the bank has to agree not to pursue a deficiency judgment, promissory note, or the collection of funds from the borrower.  But in the B of A program, there are no such promises and the speaker today danced around discussion of deficiencies by suggesting that we all investigate the laws in our own states.  Pretty vague to me, and it has been suggested that B of A requires such in-depth financial information so that they better know who to target for deficiencies.

While I am hardly a fan of Bank of America, I’ll keep an open mind…but I’m watching closely.  I somehow just don’t trust that protecting the homeowner is their #1 priority.

For information about a short sale in San Diego County please don’t hesitate to contact me directly.

Here is an update on this post!

 

March 14, 2011

More Short Sales on the Horizon

Posted by martikilby under Home Ownership, loan modification, Real Estate Values, Short Sale | Tags: , , , , , |
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Research and analytics company CoreLogic reported last week that 23% of all homeowners owe more on their mortgage than their home is worth.  All together, the negative equity of our nation’s homes is around $750 billion. 

I don’t know about you, but I find it pretty scary that nearly one quarter of all homes have negative equity.  Even if those homeowners don’t default and continue to pay their mortgage, this is a huge deterrent to recovery for the housing market.  In a healthy market, many of these folks would be selling and buying, either trading up or downsizing, or simply moving to a different location.  Instead, 11.1 million homeowners are stuck in their homes, unable to sell because of negative equity.

As noted in previous posts, I don’t have a crystal ball and I’m certainly not an economist, but as I’ve mentioned, one possible solution seems pretty obvious:  Principal reduction.  Since the top of the market in April of 2006, home values have dipped by an average of 32.8%.  The majority of the people who are underwater today bought or refinanced at the height of the market…..what if their mortgages were reduced by 30%?  Do you think that would help reduce defaults and stimulate sales?  Of course it would!

Logically, this seems like a good idea.  If banks are going to lose the money anyway if a home is foreclosed or sold short, why not take the loss up front and bring some real stability back to the housing market?  Although a few banks have offered some principal reductions, it is rare, and I have yet to hear a really good answer as to why more don’t. If you understand what seems to be some twisted bank logic, please explain it to me.

In the meantime, I predict that we will see an increase in short sales. As banks are providing few meaningful loan modifications and with the economy still shaky, even those people intent on staying in their homes despite negative equity may be forced to sell because of loss of job, decreased income or relocation.  Fighting $750 billion in negative equity is a not a battle that will be quickly won.

 

March 8, 2011

The Emotional Up-Side of a Short Sale

Posted by martikilby under foreclosure, Home Ownership, Selling your home, Short Sale | Tags: , , |
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Over the past two years we’ve all become somewhat numbed by the landslide of bad news about foreclosures and the declining value of our homes.  And if you’re in the real estate business, you’ve eagerly watched for the monthly sales statistics, anxious for a glimmer of hope. But beyond the news articles and charts of numbers are the real stories of individuals and families and lives forever changed.

No one buys a home with the idea that they might lose it one day.  We all buy a house with a vision of it being the place we call home until we move-up, downsize, or for one reason or another, decide to move.  And because it is ours, we put a lot of love (and money) into making it reflect our tastes and lifestyles.  We paint, we plant, we remodel – we make it distinctly ours.

When threatened with foreclosure, there are a lot of emotions, depending on the situation; anger, fear of the future, sadness and a sense of loss are a few.  But the overwhelming feeling that people express to me is a sense of helplessness.  Losing their home is usually not their decision and they often feel powerless to control the direction of their lives.

For many, a short sale offers an opportunity to put a positive spin on what is otherwise a negative situation.  Instead of losing your home, you are making a conscious decision to sell it – you are in control of the situation.  You are choosing to sell and salvage your credit rating; you are choosing to rebuild your financial picture; you are choosing to close one chapter, put the hurt behind you, and move forward with your life.

Facing a financial loss such as losing your home to foreclosure can be devastating.  A short sale may have benefits that go well beyond your credit report by helping you start that new chapter on a positive note.  Please feel free to call or email with any questions.

 

February 28, 2011

Do You Qualify for a Short Sale?

Posted by martikilby under Selling your home, Short Sale | Tags: , , , , , , |
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A short sale is an attractive alternative to foreclosure, mainly because the impact on your credit is far less severe.  However, just because you owe more on your mortgage than your home is worth doesn’t necessarily mean that a short sale is a viable option.

In a short sale, the lender agrees to accept a pay-off on your mortgage for less than the amount owed.  Logically, the lender is not going to agree to receive less money if there is evidence that you can continue to pay your mortgage as promised.  Thus, a homeowner hoping to sell their home in a short sale must demonstrate that they can no longer afford the mortgage payments. 

The first question the lender will ask is “What happened?”  At the time of loan origination you were able to make your payments….why not now?  You will be asked to identify one or more recent hardship factors that have negatively impacted your ability to pay.  Examples of hardship factors include: 

  • Illness/Disability                                             
  • Death of a Spouse
  • Unemployment                                               
  • Reduced Income
  • Medical Bills                                                   
  • Too much Debt
  • Divorce/Separation                                        
  • Military Service
  • Incarceration                                                  
  • Business Failure

The lender will also request that you complete a financial worksheet that lists all of your monthly expenses and income.  You will need to provide bank statements and pay stubs to document the information on the financial worksheet.  Contrary to popular belief, it is OK to have a small amount of money in savings and lenders do not expect you to drain your 401K to pay your bills.

So the bottom line is that if you have experienced an event(s) that triggered a financial hardship and your monthly expenses are greater than your monthly income you probably qualify for a short sale.  Please feel free to contact me with specific questions about your situation.

 

February 22, 2011

Short Sale vs. Foreclosure: You Be the Judge

Posted by martikilby under Credit score, Credit Scores, foreclosure, Short Sale | Tags: , , , , , , , , , , |
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Short sales can be a real pain for everyone involved…sellers, Realtors, buyers…and because so many fail, people are often left with a negative view of the short sale process.  But, do you really know the benefits that might make it worth the effort?

As I’ve mentioned before, I work with an exceptional short sale negotiation company that has a 99% success rate in getting approvals.  The president of that company recently put together a nice chart outlining the benefits of a short sale vs. a foreclosure and I’ll share the highlights.

Future Ability to Purchase a Home:    When you apply for a home loan, there is a question on the application that asks, “Have you had a property foreclosed upon or given title or deed-in-lieu thereof in the last 7 years?”  A positive response may impact your ability to qualify and will certainly influence the interest rate you are charged.  Currently, there is no question on the loan application with regard to short sales.

Impact on Credit Score:    With a foreclosure, credit scores can drop 250 – 300 points.  Conversely, with a short sale only late payments will impact the credit score.  After a short sale, the mortgage that was paid-off short will be reported as ‘paid as agreed’, ‘negotiated’, or ‘settled for less than agreed’.  This can lower your score as little as 50 points and will usually have little to no effect in twelve to eighteen months.

Impact on Credit History:   Foreclosure remains on your credit history for seven years.  Since short sales are not specifically reported their impact is only as great as the number of missed payments, as noted above.

Deficiency Judgment:  Unless you’re in a state with anti-deficiency laws, the bank can pursue a deficiency judgment.  In a successful short sale, the bank will waive the right to pursue a deficiency judgment.

Current and Future Employment and Security Clearance:   Many employers require credit checks for all employees, and certainly for anyone hoping to attain a security clearance.  While individual companies and agencies have different requirements, a foreclosure can have a negative impact on your ability to get a job, keep your job, or get certain clearances.

Of course I’m not a lawyer or accountant, and each individual’s situation is different, and not everyone will qualify for a short sale.  You should always consult the appropriate professional for advice.  But as a real estate professional, I would definitely give the short sale serious consideration before deciding to just walk away.  For a confidential consultation just give me a call at 619-846-9249.

 

February 17, 2011

Good News about the American Dream

Posted by martikilby under Buying versus Renting, foreclosure, Home Ownership, Real Estate Sales Statistics | Tags: , , , , , , |
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I’m almost feeling like we can breathe again.  We’re not out of the woods, but here in San Diego, we’re headed in the right direction.  And surprisingly, the next generation of home buyers is not running screaming into the night frightened by the plague of foreclosures, but rather embraces the idea of one day owning a home.  Check the numbers.  What do you think?

According to a January 2011 Harris poll conducted on behalf of Trulia, the American Dream of home ownership is alive and well.  70% of those surveyed say that home ownership is still part of their dream, and 78% of homeowners surveyed say that their home is the best investment they ever made.  Well, those are probably folks who didn’t buy in 2004-2006.  Buyers during those years are probably the 20% who feel trapped in an underwater equity home or the 14% who are considering just walking away.  Like I said, we’re not out of the woods.

But what I found very refreshing is that 88% of 18-34 year olds aspire to be homeowners, and overall  in the west 70% of renters plan to become homeowners.  In my estimation, this group will drive the long-term recovery, and drive the next real estate bump in value. Only 10% plan on buying in the next 24 months, but they will help prime the pump.  By 2015 we could be in the midst of the next upswing.

So when to buy?  Consult with your accountants and money managers, but my bet is now….just as we turn the corner and start to head up.

 

February 10, 2011

Ammunition for Short Sale Success

Posted by martikilby under Short Sale | Tags: , , , , , , , |
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Negotiating a short sale is one of the most challenging jobs in real estate today.  As an agent representing a short sale client you are responsible for helping them get out from under a huge financial burden and save their credit, and responsible to the new buyers for closing the deal in a reasonable length of time.  Not only is it often stressful, but it can be downright frustrating;  re-faxing documents to the bank that you’ve sent three times, waiting for responses to phone messages and emails, and trying to find someone at the bank who actually cares about getting the transaction completed.

One of the short sales that I’m currently working on is especially trying as there are two different lenders involved on a 1st and 2nd mortgage, and as in similar cases, the 2nd mortgage holder won’t really look at the file until we have approval from the 1st.  After weeks of sending documents the 1st lien holder comes back to the table with an offer of approving the short sale, if the borrowers paid them $9,000.  Impossible!  If my clients had an extra $9,000 they wouldn’t be selling their home!  We counter at $1,000.  The bank then comes back at $3,000, insisting that according to their financial statement the borrowers can afford to contribute $3,000.

Hmmm…..my clients are insisting that as much as they would like to sell their house short and avoid foreclosure, they can’t afford the $3,000, especially as they just did their 2010 taxes and learned that they owe close to $10,000!  Aha!  More ammunition to make their case!  We submit their tax return and two days later have a short sale approval from the 1st lien holder with a $1,000 contribution!  Exactly what we countered!  The approval has been submitted to the 2nd lien holder and we’re pushing for a speedy response.

The bottom line is that my clients are thrilled and half seriously asked if I could help them negotiate their tax liability!  Ha!  I think I’ll stick to short sales.  Banks are tough enough…..I can’t imagine negotiating with the IRS!

 

February 4, 2011

Predicting the Super Bowl Winner by Real Estate Stats……

Posted by martikilby under Commercial Real Estate, real estate, Super Bowl Predictions | Tags: , , , , |
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You all know that I’m not exactly a huge football fan, but mix in some real estate and I’m at least intrigued.  Did you know that the Super Bowl winner can be predicted by analyzing the commercial real estate market in the opposing teams’ home towns?

According to Jones Lang LaSalle, a financial and professional services firm specializing in real estate, the percentage of vacant commercial real estate in the hometown is a predictor of which team will prevail.  Based on their historical analysis, the city with the higher vacancy rate will win and they’ve been right two-thirds of the time since 2000.

In 2006 office vacancy rates were at 15.95 in Pittsburgh and only 10.5% in Seattle, and the Steelers outscored the Seahawks 21-10.  In 2005 Boston had a vacancy rate of 18.9% and Philadelphia just 16.1%, and New England prevailed.  The theory held true for 2000, 2001, 2002, 2003, and 2004 as well.

So who would even think to compare these stats?  It should be no surprise that the executive chairman of Jones Lang LaSalle is two-time Super Bowl champ Roger Staubach.  “As a student of both football and commercial real estate, I can tell you that this vacancy rate hypothesis is absolutely the real deal,” Staubach said. “When it comes to picking a winner, you can throw everything else out the window.”

So what does that mean for this year’s match-up?  As of January 1, Pittsburgh had an office vacancy rate of just 12.2%, one of the lowest in the country.  Green Bay on the other hand, has a vacancy rate of 18.9%.  Clearly, the numbers are pointing to a win by the Packers, their first since 1997.

But I had to check this with my husband who also has a system for predicting the winner of any football game, and he’s right about 80% of the time.  If he watches a game and he has lived in one of the cities, that city’s team where he once lived will lose.  If he watches the game and has lived in both cities, the city’s team where he most recently lived will lose.  Now he’s never lived in either Green Bay or Pittsburgh, but did live in Philly…so based on proximity he is also predicting a Packers win.

If I were a betting kinda gal I think I’d have to agree!  Enjoy the game!

 

February 3, 2011

Whew! Home Prices Stabilize in San Diego

Posted by martikilby under Home Ownership, Real Estate Values | Tags: , , , |
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Home prices across the country have taken a roller coaster ride over the past few years with far more hair-raising dips than inclines.  According to a Fiserv, Inc. report, the ups and down may not be totally over, but the financial services company predicts that by the end of 2011 75% of U.S. metro areas will see stable prices.

The good news for San Diego is that we are only one of three metro areas that had prices stabilize in recent months.  San Francisco and Washington, D.C. are the other two.  Still suffering are hard-hit areas including Miami, Phoenix and Las Vegas where prices are not expected to smooth out until late 2012.

This is not to say that we won’t see some price reductions in certain neighborhoods, but overall the downward slide in value is over for most San Diego homeowners.  Foreclosures, unemployment, and restricted access to credit will continue to be the three negative factors influencing our market, but increased demand based on low prices and low interest rates seems to be balancing our market favorably.

So is this a good time to buy?  As I’ve said before…..absolutely!  Prices are already increasing in many areas, but if you’re curious about where you can get the most bang for your buck in San Diego county, give me a call.

 

January 28, 2011

New Mortgage Scam Hits California

Posted by martikilby under Mortgage Scams | Tags: , , , , , |
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Non-English speaking homeowners are the latest victims of a new scam in California’s Central Valley.  Con artists seem to be targeting Latinos who are facing foreclosure with a promise of eliminating their existing loan and replacing it with a mortgage that is often as low as 25% of the original loan amount.

People who are on the verge of losing their home will often try anything, and want to believe this will work.  The scammers file a fraudulent reconveyance with the county recorder, showing that the old mortgage has been paid off.  They then charge the homeowner thousands of dollars for a new loan.  In the end, the homeowner loses the money spent on the fake new loan, and they lose their home when the legitimate lender forecloses.

Another approach to the fraudulent reconveyance scam is the “vapor money theory”.  According to this scam, homeowners are told that federal banking systems are invalid and mortgages cannot be legally enforced because they rely on wires or checks as opposed to gold or cash.  The old loan is “eliminated” through a fake reconveyance and the homeowner is charged thousands for the service.  Once again, the homeowner loses his money and his home.

In another twist on the scam, homeowners are told that their mortgages will be pooled with others and sold for pennies on the dollar, allowing the scammer to issue a new loan with a lower principal amount.   Still other homeowners are told that federal bailout money rewards the new note holders for taking over underwater mortgages.

The bottom line is that there is no cure-all for eliminating your mortgage and if it sounds too good to be true, it probably is.  

  • Be wary of anyone who says you don’t have to repay your debt because of secret laws.
  • Don’t pay up-front fees.
  • Avoid anyone who encourages you to stop paying your mortgage without talking to your lender.
  • Run away from anyone who suggests you pay them instead of your lender.
  • Be wary of anyone who suggests they have a special connection with any government agency or bank.

If you are having trouble paying your mortgage there is help, and several options.  Please don’t hesitate to contact me for more information.

 

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