August 8, 2011

San Diego Short Sales: The Real Numbers?

Posted by martikilby under Exp[erienced Short Sale Realtor, Real Estate Sales Statistics, Short Sale | Tags: , , , , |
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In the world of real estate, being an effective representative for your client means staying on top of sales numbers and making sure that you have a clear picture of the market place.  So I spent some time today researching short sale numbers in San Diego County and found two interesting statistics: 

  1. There has been little change in the number of short sales that have closed escrow this year as compared to the same period last year.

                                      Detached Homes                Attached Homes

            2011                2172                                        1508

            2010                2074                                        1578

  1. The number of short sale listings that did NOT sell in the same period is much higher than I believe most people would expect. 

                                     Detached Homes                 Attached Homes

            2011                2371                                        1462

            2010                1769                                        1227

This means that roughly half of all short sale listings this year did not become successful sales transactions.  So what happened to these homes and their owners?  We can hope that some of them received permanent loan modifications or in some manner managed to reinstate their loans and keep their homes.  But it is likely that the majority became foreclosure statistics.

And why does the short sale listing failure rate seem to have increased this year over last?  Is it just because there were more attempted?  Are the bank requirements becoming more stringent?  Are there more inexperienced agents trying to handle the negotiations?

The answer is probably, “All of the above.”  But whatever the reason, don’t let your short sale become one of the failed statistics.  Make sure that you work with an experienced short sale Realtor who will pre-qualify you and your home and knowledgably guide your negotiations to a successful conclusion.

 

 

June 17, 2011

Do You Owe More Than Your Home is Worth? You’re Not Alone!

Posted by martikilby under foreclosure, loan modification, San Diego Home Values, Short Sale | Tags: , , , , , , , , |
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A recent study by analytics company CoreLogic reported that nearly 25% of all mortgage borrowers owe more than their home is worth.  The aggregate amount of negative equity in the U.S. was a whopping $750 billion at the end of last year.   This lost equity prevents homeowners from refinancing or moving, and according to the report, is the “dominant factor” driving the real estate market.

If you’re among the millions who are paying each month for negative equity, you probably have some questions about your options.  To help address this issue, I’m offering a FREE workshop here in San Diego covering the following:

  • Should I wait for home values to increase?  What is the future of San Diego real estate?
  • What about a loan modification?  What programs are available, how do I qualify, and how many loan modifications are actually approved?
  • If I can’t afford my payments, what are my options?
  • What is involved in the foreclosure process?  How long can I stay in my home? How will it affect my credit?
  • Will filing Bankruptcy save my home?
  • What is a strategic default?  What are the risks?
  • What is a Deed in Lieu of Foreclosure?
  • Is a short sale better than foreclosure?  What is the process? What is a HAFA short sale?
  • What about deficiency judgments and 1099s?  When can I qualify to buy again?

Saturday, June 25th  10:00 – 11:30 a.m. 

San Diego County Library, 4S Ranch

10433 Reserve Dr, San Diego, CA 92127

There is no fee or obligation for attendance, but space is limited.  Advance registration is required.  Homeowners will receive comprehensive workshop materials.

Call 1-888-464-1820 x104 to Register Today

As mentioned previously, I’m not an accountant or lawyer and you should always consult the appropriate professional before making any major decision about your home.

 

 

June 7, 2011

Home Values are Up, No Down, No Up….

Posted by martikilby under Buying versus Renting, foreclosure, Real Estate Values, Short Sale, The U.S. Economy | Tags: , , , , |
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Everyday I wake up, turn on my computer and read all the real estate news.  But pretty soon I’m scratching my head, wondering whether or not anyone really has a clue about what’s going on.  One story says values have double-dipped at a new low, another says they’re on the rise.  Some “experts” insist that reducing unemployment will drive the real estate recovery, while others have the statistics to “prove” that a stronger real estate market will be what heals the national economy.  No wonder the real estate market is stagnant – everyone is paralyzed by uncertainty!

As noted previously, I have no crystal ball.  Nor do I have a doctorate in economics.  However, I do know one thing that will help heal both the real estate market and the overall economy:   Would-be buyers and defaulting owners – take action now!  

If you are thinking about buying a property, quit thinking and start doing!  This is a fabulous buyer’s market and both prices and interest rates are at incredible lows.  If you’re worried that you won’t get the absolute lowest price because values might continue to drop, you’re probably wrong.  Most experts believe that we’ll see some slight ups and downs in value over the next 2 years, but it will be more of a bumpy road versus a roller coaster dive.   If you wait another year to buy, you’ll lose 12 months of mortgage interest deduction, and the enjoyment of owning your own home or investment property.

On the other hand, if you’re unable to continue to make your mortgage payments it’s definitely time to take action.  You probably won’t win the lottery, so call your bank and try to get a loan modification.  If that doesn’t work, consider a short sale.  Avoiding a foreclosure through short sale is generally not only better for the seller, but it will help the real estate market and economy.  Banks are choking on foreclosure inventory, and as those homes are released into the sales system they are often neglected and tend to lower home values.  Reducing the number of new foreclosures is key to recovery for everyone.

So if you’re still unsure and have questions about buying or selling, just give me a call.  I’m ready when you are to help turn this market around!

 

May 25, 2011

Will Bankruptcy Save your Home from Foreclosure?

Posted by martikilby under Bankruptcy, foreclosure | Tags: , , , , , |
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The short answer is “No” and “Maybe”.  When faced with the prospect of losing their home to foreclosure, many people are willing to try most anything to halt the process and save their home.  Bankruptcy however, is probably not the answer.

Let me first say that I’m not an attorney, and do not intend this as legal advice.  If you are considering bankruptcy, please consult an attorney before taking any action.

Personal bankruptcy is generally filed under Chapter 7 or Chapter 13.  Under Chapter 7 most of your unsecured debt (such as credit card debt) is permanently discharged, while Chapter 13 allows you to reorganize your debt with your creditors and develop a plan to pay-off your debts over a specific period of time.  If you qualify and file personal bankruptcy under either Chapter 7 or 13, an automatic stay is put on all your creditors, including a lender that might be pursuing foreclosure.   However, this is only a temporary halt to the foreclosure process.

As mentioned above, filing Chapter 7 does not discharge your secured debts.  A mortgage is a secured debt and the collateral is your home.  If you do not pay, your lender has the right to take back the security you offered in exchange for the money advanced as a mortgage.  So filing a Chapter 7 will not save your home from foreclosure.  At any time before your unsecured debts are discharged, the court can allow your lender’s request for “relief from the automatic stay” and the foreclosure can proceed.  After discharge, the foreclosing lender is free to continue the process.

Filing Chapter 13 however may allow you to save your home from foreclosure.  In a Chapter 13 bankruptcy you are allowed to make arrangements with your creditors for repayment of debts owed, including your mortgage.  However, this is generally allowed by the courts only when you have a stable source of income that will allow you to make all payments as agreed for the entire repayment period.  There are many factors that determine if filing for protection under Chapter 13 will allow you to keep your home. The only way you will know if this will work in your particular situation is to consult an attorney.

It is also important to note that a bankruptcy will remain on your credit report for 10 years after date of filing. If this doesn’t seem like a viable solution, please read more about other options to avoid foreclosure.

 

May 13, 2011

When is it Time for a Reality Check?

Posted by martikilby under Buying a Home, foreclosure, loan modification, Real Estate Values, Short Sale | Tags: , , , , |
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For most people, buying a home is the largest purchase we ever make, and chances are it was largely an emotional decision.   There was something about the view, the trees, or the kitchen appliances; something spoke to us and we were ready to buy.  Over time, that emotional attachment increases as we put our personal stamp on the house and make it our home.  No wonder that the idea of losing a home through foreclosure can be emotionally shattering.

Grieving for the loss of a home and what it means to you and your family can be very upsetting.  Too often however, I see people avoid dealing with the reality of their financial situation simply because it is too painful to even contemplate.  These are the folks that ignore the letters and phone calls from their lenders and just pray that somehow it all goes away or that they win the lottery.

If any of this touches a nerve, it might be time to take a hard look at your situation.   Try to put aside the memories of holidays in your home, and ask yourself a few simple questions:

  1. Are you behind on your mortgage payments?  What about your property taxes, insurance and HOA dues?  Are you allowing maintenance items to accumulate because you can’t afford to fix things?
  2. Has your bank notified you and provided options to help?  Have you received a Notice of Default?
  3. Do you owe more than your house is currently worth?  Is the negative equity greater than 20%?
  4. Has your household income dropped in the last two years?  Are you dipping into your savings or other assets to make ends meet?  Do you doubt that your income will improve in the next 3-6 months?

If you answered “Yes” to one or more of these questions, it’s time to take action.  As difficult as it might be to face the reality of your situation, it is far less emotionally stressful to act now while you still have options and are still in control.  As soon as you miss a mortgage payment, the clock starts ticking on a countdown to foreclosure.  Wait too long to act and your options disappear.

If you live in San Diego County and are ready to discuss all the various options available, please give me a call for a no-obligation, confidential consultation.

Marti Kilby

Broker Associate, REALTOR

DRELicense # 01474222

619-846-9249

marti@kilby.com

 

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 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!

 

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.

 

January 12, 2011

Struggling HAFA Gets Some Updates

Posted by martikilby under foreclosure, HAFA, Short Sale | Tags: , , , , , |
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It’s no secret that the government’s short sale program, HAFA, has had less than stellar results.  The Home Affordable Foreclosure Alternative program was started in April 2010 to provide alternatives to foreclosure when a loan modification wouldn’t work.  Through September, the program has processed only 342 short sales or deed-in-lieu transactions.  This number is ridiculously low considering that third-party technology provider Equator, who provides the platform for processing short sales for several banks, including B of A, reports that over 117,000 HAFA short sales were initiated in the period from April – October.   What happened to all of those transactions?

Mortgage servicers and Realtors have complained about the confusing rules and the stringent requirements for participation that have made it difficult to complete a transaction.  In December the California Association of Realtors sent a letter to government regulators complaining about the program and requesting specific changes to expedite approvals.  The government responded quickly and issed a directive on December 28 that made some significant changes to the program.  Here are a few of the highlights:

  • Servicers are no longer required to verify that an applicant’s mortgage payment exceeds 31% of their gross income, although a hardship must still be demonstrated.
  • Applicants do not need to be currently living in the home so long as it was their principal residence in the last 12 months.
  • Payments to subordinate lien holders are no longer capped at 6%, but have an aggregate cap of $6,000.
  • Servicers participating in the HAFA program will be required to either approve, disapprove or provide a counter to any complete short sale application and purchase offer within 30 days.
  • Servicers who pay contractors to assist in processing the short sale cannot charge those fees to the borrower or deduct it from the real estate commissions.

Will these changes improve the approval rate?  Probably, but the key will lie in how well the banks comply and the rules are enforced.

 

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