Short Sale Clients – Pay your HOA dues to Avoid Complications and Collections!

December 8th, 2009

Home owners associations have become very aggressive in trying to collect past due HOA dues. The high delinquency rate has pushed HOA’s to the brink of bankruptcy.   Many short sale clients are finding that after a period of time the hoa is filling in small claims court and passing the account on to collection attorneys.

In the recent past hoa collection laxity gave us time to negotiate with the bank and buyer to pay past due HOA dues.  However today, aggressive collections tactics are complicating and over encumbering the short sale process.   In order to insure that you are not pursued for past due balances, late fees, and attorney fees, you should make your HOA payments.

I have seen people who have been foreclosed that are still being pursued for legal and HOA fees.  If you can not afford to make your HOA payment, we will do our best to try and negotiate with the bank and or buyer to pay these fees.  However, results vary and the more aggressive your HOA becomes, the more problems that could entangle this process and cause it to fail.  Our advice is to consider paying your HOA dues as a cheep insurance policy against future problems.  If you have any questions, please call me.  While we have a very good success rate at negotiating for you the seller, the length and complexity of this process make the outcome regarding HOA actions uncertain.

This notice is not to be considered legal advice with regard to your rights..   This article is notice of possible consequences brought by non payment of your legal obligations.

How will a Short Sale Affect My Credit?

October 19th, 2009

What a great question!  If you have been thinking this, you are not alone.

A good thing about short sale is that it represents the opportunity to lift the heavy burden of carrying an overpriced home off of your shoulders and a chance to start fresh.  But the one thing shorts sale sellers want to know is – “coming out of this short sale, what will my credit look like?”

So here is the scoop.   I want to tell you that no 2 short sales are the same.  What I mean by this is that there are variables that change the effect each and every short sale has on your credit.

1. Are you going to be making your payments?  Late payments make your score go down.  You can actually make your payment and still request a short sale.  But lets face it, it puts more pressure on the bank if you are delinquent.

2. How long is the bank going to take to make a decision.  Your guess is as good as mine.  The longer they take, the more mortgage lates that show up on your credit.  Generally the bank will take about 6 months.  But every bank moves at different speeds and according to different policies.  To make matters even more unpredictable, short sale negotiators usually have a 30 t0 60 day window just to pick up the file and start to process it.  So even within the same bank, the time frames on the exact some type of loan can vary depending on the negotiators work load.  What type of loan is it?  If it is owned by the bank they can make a quicker decision, but if it owned by entities all over the globe and securitized things can get more complicated and take longer.

3. What is formula will be used to score my credit.  There are 3 different bureaus and nobody really knows what their secret formulas are. It is common to have different scores at each of them.

After considering these 3 things.   Howard Clark has gone out on a limb and given this general rule.    This weekend he posted the following guideline on his television show and website.

According to Howard,  you can expect a short sale to yield the following effects to your credit score.

• A short sale may lower  your credit score by 120-130 points.
• A foreclosure may lower  your credit score by 140-150 points.
• Bankruptcy may cause the largest hit affecting your credit score by 365 points.

Clearly it is in your best interest to do a short sale as opposed to other solutions.  And there are other benefits as well.

The next most common concern short sale sellers have is – “How long can I stay in my home?”  Since it takes on average 7 to 8 months to close a short sale escrow, That is how long you have.  Nearly 3 to 4 months longer than foreclosure.  And sometimes it can be much longer.  So if you want to stay.  Short sale is a great option to buy some time.

Again, I want to caution you that these are general guidelines.   There are a lots of variables that can effect credit scores and individual results can vary.

The Short Sale Authority – FAQ’s

September 15th, 2009

In the last 3 years, short sales have become the predominant type of sale in Orange County, CA.  It is estimated that over 60% of all home sales are short sales.  As an independent agent, they make up the majority of our work.  We specialize in short sales and handle each and every shorts sale in house with diligent care.  This is unlike “short sale mills”.  Your case is handled and orchestrated by a highly skilled agent with tremendous experience in short sale transactions.  We will attempt to answer some of your most common questions.  After reading this document, please see our additional materials under the short sale category of our blog and call for an immediate personal consultation.

FAQ’s

1. How long will it take?

The typical range of short sales is from 4 months (rare), to 6 to 8 months (typical), up to over 1 year (sometimes).

2. Why does it take so long?

Mainly because the bank typically does not start to take the file seriously until it is almost in foreclosure.  Don’t be surprised when you get a notice of a trustees sale even though you have requested a short sale.  Typically we just need to call and make sure an extension has been granted.  It can be granted by most banks up to 4 times.

3. How much does it cost?

Most of our sellers do not pay anything out of pocket to short sale their homes.   All of the fees typically come out of the gross proceeds of the sale.  What is left pays off the remainder of the note.  Therefore our commission is paid from the gross sales price of the home.  Rarely, a bank may request seller contribution towards a settlement.  However, we do our best to negotiate any requested fees down or ask the buyer to contribute towards settlement.

4. Can I stay in my house even though I am not making the payments?

Yes, absolutely.  It is better that you occupy it rather than abandon it.  The bank would rather have you taking care of the premises and not let it be subject to vandalism and deterioration.

5. What will happen to my credit?

It depends.  Most of the material that I have read indicated that it is the mortgage lates that effect you most.  Therefore, you have the option to make the payments to try to minimize the impact to your credit.  However, if you can not, you may rehabilitate your credit after the short sale is complete.

6. How long until I can buy a home again?

That depends.  Fannie may states that you may qualify after a 2 year waiting period.  This is of course dependent on you re-establishing good credit.  Other options help you repurchase faster are contracted sales, seller carries, AITD’s, lease options, and other creative forms of home purchasing.  Theoretically, there is nothing to stop you from making a deal to purchase a home right away!

7. What are the steps to a short sale?

A. To begin with, start with a personalized interview free or charge by our skilled representatives.  There are many aspects to a short sale that you will want to consider.  1. Are there tax ramifications?  You may want to check with your CPA.  2. Do you have a prepay rider or any other special consideration?  Do you need to consult a real estate attorney?  3. How many banks are involved?  Did they take government bail out money or not.  Private lenders tend to be tougher then large public institutions.

B. Meet with your Orange county short sale realtor and list your home for sale.

C. Fill in all forms, paperwork and complete short sale package.  We will assist you in making sure that you do this correctly.

D. Find a prospective buyer – This usually take 2 to 4 weeks.

E. We will submit the short sale package.

F.  Then wait.  Typically your short sale listing will go quiet while the bank assigns a negotiator.  This can take 30 to 60 days.  Then they will order an appraisal or BPO (brokers price opinion)  this may take an additional 30 to 60 days.

G. Once they have the package complete and all of their work done, they may send it to a supervisor or investor for approval.  This can take another 30 to 60 days.

H.  Upon approval, you are typically granted 30 days to complete escrow.  However, if the buyer backs out for any reason then a new buyer and extension will have to be obtained.  This could reset the clock another 30+ days.

j.  Also be aware that if there is more than one bank involved, the second can hold up the sale.  Sometimes by the time the approval is granted on the second, the first will expire and we will need to re-approve.  These banks move slow and it is sometimes hard to coordinate their joint activities.

K.  Finally, upon closing of escrow, your debt will be settled and your short sale will be completed with a pay off.

8.  What happens if they do not approve my short sale?

Great question.  First let me say that nearly all of our short sales get approved.  The reason for this is that we pre-screen our clients to make sure they are good candidates.  However, in the event that you run in to an unforeseen road block, you still have the option of bringing your note current, or allowing the home to foreclose.

You may have many additional questions, and please feel free to email or call.  I would be happy to help any way that I can.  I want to applaud you for having the courage to face your and apply the correct solution toward resolving your financial problems.  It has been my experience that our clients enjoy  immense freedom and relieve knowing that they can move forward and rebuild on more solid ground.

I am looking forward to working with you.  Please visit our additional short sale resources at: http://www.jdanielrealty.com/orange-county-real-estate-news/category/short-sales/

Ocean Close Vacation Condo for Sale – Dana Point, CA

August 30th, 2009

This is a terrific opportunity to own a remodeled vacation condo next to the 5 star St. Regis hotel.  The property is currently grossing over $40k per year and the owner is a vacation rental expert.  She has replaced all of the windows and remodeled the until with a brand new kitchen and baths.  It also includes  wash, dryer, and refridgerator along with all of the furnishings and business support.  This is a rare opportunity this close to the beach at this price.  It is being offered for $399,900.  Owner reports a 10% cap rate.  Please call John for more details at 949-481-7358.

Dana point vacation condo for sale

Dana point vacation condo for sale

Dana Point condo for sale - golf course near by

Dana Point condo for sale - golf course near by

Dana Point condo for sale - Trail  to Salt Creek

Dana Point condo for sale - Trail to Salt Creek

Dana Point condo for sale - oceanview spa

Dana Point condo for sale - oceanview spa

Dana Point condo for sale - Living room

Dana Point condo for sale - Living room

Home buyer protection program guarantees your mortgage payment

August 13th, 2009

If you are a first time home buyer in California, the California association of Realtors has a free program for first time home buyers that will guarantee a mortgage payment up to $1,500 per month for up to 6 months in the event of job loss.  In order to qualify, you must buy your home using a Realtor in the state of California.  You must not have owned a home in the last 3 years to be considered a first time home buyer.  You must close a home between 4/2/2009 to 12/31/2009 and it must be your principle residence and you must be a W2 employee.  If you are interested in taking advantage of this program call our office.  We will help you secure an Orange county home and qualify for this special free mortgage protection.  To read more about this program visit the California Association of Realtors for details.  This program is subject to availability of funds and is offered on a first come first serve basis.

Short Sale – Documents Needed

July 27th, 2009

Dear Prospective Short Sale Client,

Thank you for choosing us to handle the short sale of your home.  In order to process this request, we need the following documents completed, fully signed, dated, and forwarded to us within 2 weeks of your listing date.  Please include your loan number on all pages per your banks request.

Click on the links below to download the files.

1. bank authorization

(please include 1 for each borrower and 1 for each lender)

2. Copy of your most recent loan statement on all mortgage loans.

3. A Hardship letter explaining why you would like assistance. Keep it simple!  Include things like – your income has decreased, your expenses have increased due to ? kids, sick family members, etc., your mortgage has gone up, your hoa dues have gone up, the real estate market has gone down and you are upside down on your loan, your family size has outgrown the space, your savings have been depleted, etc, etc. etc.  (see attached example. Sample Hardship Letter

4. Financial statement including income and expenses signed. (see attached) Income and expense analysis – pdf Income Expense Analysis-exel

5.  Most recent 2 pay stubs

6. Most recent 2 months bank statements (block out the account numbers, please.)

7. Most recent tax return with w2 and all schedules and attachments.

8. The over due balance of any HOA and Orange County property taxes that have not been paid.

9.  The balance of any other special assessment or lean against the property.

10.  The terms of your loan. We need to know how many loans, balance, special terms such as pre pay penalty, and when your loans originated.   Specifically, did you obtain your loan at the time the home was purchased or did you refinance?

We will also be working on the following: a completed listing agreement, a valid offer from a prospective buyer including a pre-qualfication letter and proof of funds, comparable sales info and any specific forms that your individual lender may require such as short sale purchase contract addendum.

We will be producing a HUD1 with a summary of costs for your lender.

Expect your short sale to take between 4 to 12 months.  The average is 6 months.  The only way that we know of to expedite your file is for you to be near foreclosure.  Banks tend to handle those files first.

Thank you again for your cooperation.  We will do our best to get you the results you are looking for.

As a reminder we would like you to consult with your CPA and/or attorney.  There can be both legal and tax consequences as individual situations vary and different laws may apply to you.  Please discuss all findings with us.   We have seen both good and bad advise pertaining to all of the recent changes. Professionals have had a hard time keeping up to date with all of the legislative reform.  We network and work as a team with top professionals to help insure a smooth transaction.  Please let us know if you would like a referral for tax or legal consultation.

Additional HARP Loan Refinancing Information

July 24th, 2009

According to the Federal Housing Financing Agency, if your loan is Fannie Mae or Freddie Mac owned, and your current home loan is no more than 125% of its current market value, you may be eligible for refinancing under the HARP loan refinancing guidelines.

I just interviewed my lenders on this topic.  They have been successful with the program.  However, if your loan is Freddie Mac, then you should contact your current lender for help.  If your loan is Fanne Mae, then any lender, preferably mine, can help you.

From the sources that I have read, rates are priced slighly higher than market by about 1/8 to 1/4%

Considering the high LTV of these loans, that is actually very good.  Call me so that I can put you in touch with someone who can help.

Bankruptcy Attorneys – 5 Great Reasons your Client Should Short Sale Their Home!

July 20th, 2009

I have spoken with a lot of Bankruptcy attorneys about why their clients foreclose rather than short sale their home pre/post bankruptcy.  The answer I get is typically along the lines that it is a complex process that includes many legal and tax ramifications and it is just easier and more certain to Foreclose.  While this may be true, I still think that short selling your clients home could be more beneficial to your client and here is why.

1. Fannie Mae will let your client re buy in as little as 2 years with a short sale! If they have a foreclosure even after the bankruptcy they will be taken out of the market for 5 to 7 years minimum.  This could mean tens of thousands of dollars in lost opportunity and enjoyment.  Yes, I realize that after a bankruptcy your clients credit is typically damaged.  Most credit repair experts claim that they can have clients credit rehabilitated in 6 months to 2 years  after bankruptcy with simple techniques for rehabilitating credit.  This is perfectly in line with Fannie Mae guidelines.  They can get back in the game a whole lot faster!  And its worth it and worth the effort now that the housing market is at a low point.

2. Your client can potentially stay in your home longer for an additional 1 to 9 months for Free! Yes with foreclosure your bankrupt client stays in the house for 4 months for free during the foreclosure proceedings.  And all of the short sales that we have successfully completed have taken minimum of 6 to 12 months.   The bank will actually stall the foreclosure up to 4 times in order to complete the transaction.  The bottom line is that it saves them time and money for us to find a buyer ready and willing to pay and for them to not have to take the home back into reo inventory.  At $2,000 to $3,000 per month that is a lot of extra cash that your client may be able to save.

3. This process if FREE! Yes we get paid, and it typically comes out of the banks net proceeds.  Your clients does not have to pay to have us working on their side to help them clean up their housing situation.  This is a value added process with nothing for them to lose.  If we are not successful, they owe us nothing and the worst that can happen is foreclosure which is what was planned anyway.

4. We actually will pay up to 10% of commissions earned to help your client move! Its guaranteed with every successful short sale referred from an attorney.  That could be up to a couple thousand dollars towards moving expenses.  It is a huge bonus that helps pay the actual cost of the bankruptcy.  That is a great gift to give your clients.  I am sure they need it.

5. Its the right thing to do. Avoid the stigma of Foreclosure! When I talk to potential landlords and home sellers, I can get them to understand the need to work with a client that has short sold their home and or filed bankruptcy.  But its really difficult if not impossible when my buyer client has a foreclosure on their record.  There is just too much stigma attached to foreclosure. So much that we don’t even take them as clients.    Its the difference between having a D on your report card vs. an F.  If you can avoid it, don’t do it.

I know that every client has different circumstances and some have second trust deeds and more complicated tax scenarios.  And that is OK.  With every short sale we do, we have the client consult with their CPA and or an attorney and work it with a unified game plan that is best for the client.  We always negotiate with the lenders in the best interest of the client and at the end of the day, if we don’t present them with a better win, then they can cancel with nothing to lose.  We are that certain that what we are doing adds value that we are willing to work on the cum.  Now that’s putting your money where your mouth is.  Give us a try, you will be glad you did.  We have an outstanding short sale record.

Orange County Real Estate Buyers- Has the bottom PAST?

July 17th, 2009

If your an entry level Orange County home buyer and you have been waiting for the deal of the century to come along and if you have been worried about falling home prices, your wait is over.  At least for now, it appears that we have bottomed out.

Recent Orange county real estate statistics show the following.

1. Inventory is at its lowest levels in 3 years.  Take a look at this report by Lasner on Inventory of OC Homes at a 3 year low! This means there are many more buyers for every home on the market.  Generally I like it when there is 6 months inventory on hand.  It makes for a level playing field between Orange County home buyes and home sellers with a better selection of homes to choose from.  Right now entry level condos are at less than 2 months supply.  And many of them are not even FHA approved.  Which means the homes that are approved by FHA are in super high demand.

2. Median Orange County home prices are on the rise.  This report by the LA Times on Southern California Median Home prices surge in June clearly shows a rise in median home price.  I attribute this to 2 reasons.  1. More expensive homes are starting to sell.  2. The low inventory is causing the price of entry level condos to be bid up and prices are rising as a result.

So what does this mean to you as a home buyer?  It means the deals will not get any better for now.  In fact, you will probably have to pay more.  Yes, there will be more distressed REO and short sale homes for sale coming to the market.  And there will also be more home buyers that want them and will pay more than asking price for them.  Buyers are motivated by the low interest rates and the first time home buyer tax credit.  Home buyers know that these prices will not stay low for ever.  The long and the short of it is that if you hope to buy an Orange County home at the bottom of the market,  you might want to stop waiting and get real on what you can afford.   When prices are on the rise, it pays to pick the best home you can find and tie it up quickly.  Waiting for the holy grail of homes usually results in loss of opportunity and paying more for less.  This might be your best chance to get in to an Orange County home.

What Bob McCormick at KCAL 9 News says about Short Selling your Home

July 15th, 2009

Check out what Bob McCormick at KCAL 9 News says about short selling your home.  This report is from 7/13/2009 news cast.  He talks about considering how long it will take to get back to break even on your loan, other issues around short sales.  His report reflects the issues we walk you through with regard to our real estate program for short sale and loan modification.

http://www.cbs2.com/video/?id=108588@kcbs.dayport.com

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