Archive for the ‘Short Sales’ Category

Report on U. S. Foreclosure Activity in January, 2010

Friday, February 12th, 2010

Realty Trac, one of the leading online marketplaces for foreclosure properties, released its January, 2010 U.S. Foreclosure Market Report, which shows foreclosure filings — notices of default, scheduled auctions, and bank repossessions — were reported on 315,716 U.S. properties during the month, a decrease of nearly 10% from the previous month but still 15% above the level reported in January, 2009.  The report also shows that one in every 409 U.S. housing units received a foreclosure filing in January.

“January foreclosure numbers are exhibiting a pattern very similar to a year ago: a double-digit percentage jump in December foreclosure activity followed by a 10% drop in January,” said James J. Saccacio, CEO of Realty Trac. “If history repeats itself, we will see a surge in the numbers over the next few months as lenders foreclose on delinquent loans where neither the loan modification program or the short sale alternatives work.”

Foreclosure activity decreased by double-digit percentages from the previous month in both California and Florida, and the two states registered nearly identical foreclosure rates — one in every 187 housing units receiving a foreclosure filing.

Other states with foreclosure rates among the nation’s highest were Idaho, Michigan, Illinois, Oregon, and Georgia.

Be Careful with Possible Deficiency Judgments after Short Sales or Foreclosures

Friday, February 5th, 2010

Because of falling home prices, borrowers who always paid their mortgage but who have run into unforeseen conditions, like unemployment or a job transfer, can no longer sell their homes for what they owe on their mortgage. So they are forced to sell their home as a Short Sale or Foreclosure and may get caught in a later Deficiency Judgment.

Whether banks can and will pursue judgments depends on many factors, including what state the borrower lives in and whether there’s a second mortgage or other liens on the property.

Some states, such as California, are non-recourse and don’t allow deficiency judgments. But even in these states, if the original loan was refinanced, some or all of it may be subject to deficiency claims.

Deficiency judgments on Short Sales can happen anywahere. In these cases, extinguishing the debt is often a matter of negotiating with the bank. You must ask for a written release of all debt, or you can still be liable for a judgment to be filed against you.

A real estate attorney in Florida sums it up: “People shouldn’t have a false sense of security that a deficiency judgment may not be later sought.” It’s a ticking time bomb.

When Should You Look at Other Options Beyond a Loan Modification?

Sunday, October 18th, 2009

If you are one of the many thousands of homeowners who have received a Notice of  Default on your home, you now have 180 days before the bank has the right to set a date for a Trustee Sale on your home.

If you are like many other homeowners,you have started to work with the bank, either by yourself or through a 3rd party, to try to get the bank to agree to a modification of your current loan. But it’s taking forever, and it’s very difficult to get any response from the bank.

Suddenly, you receive a Notice of a Trustee Sale on your home, and you still don’t know if your Loan Modification is going through. What should you do?

The first thing you should do is to call your contact at the bank and ask for an extension of your Trustee Sale date. Then, you can try to push them to give you an answer on your modification. As long as your sale date is far enough out, then you’ll have time to work on your loan modification.

If they won’t extend your sale date, you may decide that it’s time to consider a short sale. In a short sale, you will still lose your house at the end, but your credit will be damaged for only two years instead of the 7-10 years of damage caused by a Foreclosure.

We can help you with this decision. Please post an answer on this blog and we are happy to discuss your situation.

Slight Slowing in CA Home Market Predicted

Thursday, October 8th, 2009

As reported in today’s San Diego Union Tribune, the CA Assoc. of Realtors predicted that there will be a slight dip in the number of home sales next year (about 2% reduction) and a slight increase in prices (up 3.3%), compared with this year. These changes are attributable to the continued high rate of unemployment.

The market will likely have two distinct segments: a continuation of this year’s large volume of low-cost homes sold in foreclosure  or in short sales, with multiple offers from first-time buyers and investors looking for bargains, and a slow moving segment of higher cost homes put onto the market as unemployment creeps into higher income groups. This latter group of homes will need to lower prices more in order to sell more quickly.

Also, some of the increase in sales this year is attributable to the $8000 federal tax incentive which is scheduled to expire at the end of this month. There is talk that Congress may extend this incentive.

In conclusion, this may be a very good time to buy for suitable households, before prices begin to creep up.

Purchase of Foreclosures is a Tricky Business

Saturday, October 3rd, 2009

Rismedia reported today that there are many foreclosures available on the market (so-called REOs or “real estate owned by lenders”) and many buyers in the market searching for bargains. Discounted offering prices on such properties vary from 5% to 30% below market prices (although occasionally there is no discount).

The purchase of such properties requires a buyer who can act quickly because the banks expect a rapid offer and there are often competing offers. The properties are often in poor shape, due to neglect or even vandalism, and are usually sold as is. It is therefore best if the buyers are prepared to do some of the work themselves or are good at dealing with contractors. Once the offer is accepted, the selling banks are often slow with processing the sale, so buyers have to be patient with delayed closings and paperwork.

These properties represent an opportunity for a bargain purchase for buyers who are knowledgable about pricing and prepared to devote time and money to improvements after closing.

Pending Home Sales Increase

Saturday, October 3rd, 2009

Rismedia reported today that pending home sales increased again in August for the seventh straight month, the longest series of increases in the history of the index. Nationally the index rose 6.4% over July, and stood at 12.4% above the August, 2008 figure.

The increase varied regionally, up 8.2% in the northeast, up 3.1% in the midwest, up only 0.8% in the south, and up 16.0% in the west. It should be noted that pending home sales do not all go to closure, especially with the market being dominated by foreclosures and short sales and the delays and complexities brought on by new rules in reaction to the recession. Also part of the increase may be due to a rush of first time buyers trying to take advantage of the $8000 federal tax credit, which expires at the end of October. Nevertheless it indicates an increase in the number of buyers in the market.

Potential buyers have only a few weeks to act before the tax credit expires, unless Congress chooses to extend the credit!

Should You Consider a Short Sale?

Thursday, September 24th, 2009

Every day I visit home owners who have Notice of Defaults recorded on their property, and they say, “I want to save my house. I don’t want to consider a short sale.”

If you have received a Notice of Default on your property, you should immediately begin to learn about the options you have. First, you need to be aware that the average time from Notice of Default to the time the bank issues a date for a Trustee Sale is 90 days.  So if you want to begin work on a loan modification, you need to start right away. Be sure that you choose a reputable, ethical professional to help you with your loan modification and make sure they understand the timeframe of the banks.

If you do not receive an acceptable loan modification, then that is time to consider a short sale as your next option. If you do decide to list your home as a Short Sale, your real estate professional should be able to get the date of your Trustee Sale postponed. In the meantime, you will receive offers on your house, choose the most qualified buyer, and send in all appropriate paperwork to the bank to get the Short Sale process started.

And 60-90 days later, if the Short Sale is done knowledgeably, your home should be sold and you should never owe any more money on it.

No, you haven’t “saved” your home in the sense that you can still live in it. But you have “saved” your credit; now you will have about a 200 point deficit on your credit for 2 years, while if the house were sold at a Trustee’s Sale, you would lose about 400-500 points for 10 years.

Short Sales are a viable option, and please don’t walk away from your house without considering one. Call me, Marilyn Dashe, at Century 21 Sea Coast in Encinitas, 760-803-4304, if you’d like some more information about a Short Sale as an option.

Decrease in Foreclosures and Defaults

Wednesday, September 23rd, 2009

The San Diego Union-Tribune reported today, based on information from MDA DataQuick, a striking fall in both foreclosures (down nearly 40% in August of 2009 against August 2008) and notices of default (down nearly 7% over the same time interval) in San Diego County.

This may indicate a stabilization of the housing market, but it will require several months of improvement to be sure. There was, however, no let up in the rising delinquency rate. It is possible that this may reflect an increasing amount of mortgage loan restructuring and/or short sales replacing foreclosures, but it may be that banks are simply too overwhelmed with delinquencies to respond promptly with notices of default.

The key to the stabilization of the residential real estate market will be stabilization or improvement in unemployment. As has been the case recently, there has been a shift in the preponderance of troubled properties from neighborhoods with a lot of subprime loans to higher income neighborhoods, indicating that the primary driving force for delinquency is now unemployment.
Still, the news is encouraging that the market may be bottoming out. Meanwhile the foreclosure and short sale proliferation has put downward pressure on prices and provided a bargain market for buyers.

If You Have Received a Notice of Default

Sunday, September 13th, 2009

If you have missed a certain number of mortgage payments, the bank will issue you a Notice of Default on your home.  You then have approximately 90 days from the date of Notice of Default until the bank issues you an Auction Date for your property.

The notice of Auction Date comes from the bank 3 weeks before they are selling your property. Once your property is sold by the bank, you have 72 hours to leave the property.

When you receive a Notice of Default, you have options available to postpone your auction date and prevent foreclosure. You should talk to a reliable tax and bankruptcy professional who will explain t o you the various legal and credit ramifications that you face.

You may want to talk to a professional loan modification expert to identify your options and see if you qualify for a loan modification.

If it makes sense to list your house as a short sale, choose an ethical, knowledgeable, and experienced profession such as Marilyn Dashe and the Short Sale team at Century 21 Sea Coast in Encinitas to help you. They can explain the short sale option to you and let you know how they can postpone your auctions date with very little inconvenience to you.

Appraisals: Changes and Problems

Thursday, September 10th, 2009

When a house goes into escrow, the buyer usually seeks a loan, which in turn requires an appraisal of the current market value of the property to ensure that the value is sufficient to cover the amount being loaned. The appraiser visits the site and inspects the home and also obtains the details of the  history of comparable houses sold in the neighborhood in recent months. There is reason to believe that before the housing market collapse of recent months, sometimes appraisers were influenced to assign unjustified high values to homes to allow the sales to go through at inflated prices. This may have been a contributing factor in the housing bubble.

The San Diego Union-Tribune reported last Sunday that a new code of conduct was instituted last May 1 by Fannie Mae and Freddie Mac preventing lenders, mortgage brokers, and real estate agents from talking to appraisers directly. Although the intent of the rule was to prevent undue influence from being brought on appraisers, it may have significant adverse effects. Sometimes the appraisers are not local people or not familiar with the recent sale history of the neighborhood. They may miss evidence that the neighborhood is improving or appreciating, or be unaware of special features of the history of the subject house. The effect may be that the appraisal comes in inappropriately low. This may not only put the sale in jeopardy, but it may have an adverse effect on prices throughout the neighborhood. It may even create a downward spiral of local prices. There is a move in Congress to modify or delay the implementation of the new appraisal rules.