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Archive for the ‘Short Sales for Sellers’ Category

Seller Solutions for Troubled Loans

Thursday, August 27th, 2009

Here are some possible temporary solutions for short-term problems, such as being one or two months behind in your mortgage due to illness. Other more permanent solutions address long-term financial difficulties, such as job lay-offs or long-term unemployment. If you have an FHA-approved loan, special loan modification programs may be available to you–ask your lender about them. Unfortunately, in some cases, keeping your home may not be possible–options for handling that situation are available as well.

Temporary solutions for short-term financial problems:
  • Reinstatement: Lenders are often willing to “reinstate” your loan if you make up the back payments in a lump sum by a specific date. A forbearance plan may accompany this option.
  • Forbearance: Your lender may be able to provide a temporary reduction or suspension of your mortgage payments for a short period, such as 3 or 4 months. After this time, your lender will work with you to create a repayment plan for the loan. You may qualify for forbearance if you have experienced a reduction in income (for example, if you have become unemployed) or an increase in living expenses (for example, higher medical bills). You must provide information to your lender to show that you will be able to stick with the new payment plan.
  • Repayment plan: Your lender may agree to a plan that includes your regular monthly payments plus a portion of the past due payments each month until your payments are caught up.
Long-term solutions or adjustments to your loan:
  • Loan modifications: Your lender may be willing to rewrite the terms of your original mortgage loan to address your financial situation. A loan modification is designed to make your monthly payments affordable. Changes to your loan may include extending the number of years to repay and changing the interest rate, including changing an adjustable rate to a fixed rate. You may have to pay a processing fee to obtain a loan modification.
  • Partial claim: If your mortgage is insured by a private mortgage insurance firm, your lender might help you file a claim. Some insurers provide a one-time, interest-free loan to bring your account up to date. The interest-free loan is due when you refinance, pay off your mortgage, or when you sell the property.
If keeping your home is not an option, you may want to consider these alternatives:
  • Sale: Your lender will usually give you a specific amount of time to find a buyer and pay off the amount you owe on your mortgage. Your lender may require you to use a real estate professional to help you sell the property.
  • Pre-foreclosure sale or short sale: If you can’t sell the property for the full amount of the loan, your lender may accept the amount you get for the selling price, even if it is less than the amount you owe. You may owe income taxes on the difference between the amount you owe and the amount you are able to pay back. Check with the Internal Revenue Service for tax information.
  • Assumption: A qualified buyer may be allowed to assume (take over) your mortgage. Ask your lender whether this option is available to you.
  • Deed-in-lieu of foreclosure: You may be able to “give back” your property to the lender, who then forgives the balance of your loan. Again, there may be income tax consequences, so check with the IRS. This option will not save your home, but it is less damaging to your credit rating. Some lenders impose certain restrictions on taking back property. For example, they may require that you try to sell your home at a fair market value for at least 90 days.

Courtesy of http://www.federalreserve.gov/pubs/brochure.htm

For more information you may also visit our website and click on Help for Sellers.

An overview of Pre-Foreclosure/Foreclosure

Wednesday, August 19th, 2009

In 2007 Florida had 11,000 foreclosure filings, 26,000 in 2008 and 2009 they are estimating 40,000 foreclosure filings.

Pre-Foreclosure: The lender has not filed a lawsuit yet but you may have received some letters from the mortgage company asking you to bring your mortgage up to date. You may be 3-4 months behind at this point. CALL your lender NOW! Do not wait. Discuss options relating to the Making Home Affordable Program and/or Loan Modification. Please be patient when you call.  There are a lot of homeowners in the same situation. If you do not get the answer you are looking for, call back and insist on speaking with someone else or even a supervisor.
You can also contact a HUD Counselor at 1-888-995-4673 or visit www.995hope.org

Foreclosure:  You have received a summons/complaint from the Lenders Attorney. IMPORTANT: You MUST respond in WRITING to the Clerk of the Court along with the Attorney within 20 days after receiving the summons. In this letter you need to tell them WHY you should not be foreclosed on: Loss of job, reduction of income,  serious illness, death in the family, etc., keep it short and simple (1 to 2 pages).  NOTE: If you are in Orange County, Florida when preparing your letter be sure to ask for the MEDIATION PROGRAM (if requested the banks representative must sit down with you to discuss your loan. The bank is not required to come to an agreement but you have the opportunity to speak to them before the final judgment is signed).
 
The next step will be a motion and hearing. It is recommended you attend the hearing (or if you have an attorney he/she would attend). The hearing will last about 5 minutes. This will give you an opportunity to stand in front of the judge and explain why you do not want the foreclosure to occur or need a delay (waiting for a short sale to be approved, or working on a loan modification, etc). Remember if you are in Orange County, FL remind the judge you requested the Mediation Program.

Once the foreclosure is completed and the bank successfully sells the property,  the bank may issue a deficiency judgment. Which would be the the difference between your original loan balance and what they sell it for.

We have some helpful links on our website as well.

Countrywide/BOA’s new short sale process?

Wednesday, August 12th, 2009

I called BOA yesterday to get an update on one of my sellers files that was submitted about 10 days prior. They kept informing the seller, “the paperwork is not showing in the system.” For those of us that have worked with BOA in the past know this is a phrase we hear often. So in my call I also wanted to confirm the short sale fax number, because we know this changes on a weekly basis.  The supervisor then shared with me that BOA has initiated a new policy effective end of July.

The seller/borrower will have to call 1-800-669-0102 and explain to the Home Retention Team that they are working with a Realtor and would like to list the property for a short sale.  BOA will then gather basic financial information, input into their system and pre-qualify them to continue with the short sale. Now I have not seen this in action yet, I have a few of my sellers calling this week and can report back.  If you have had any experience with this new system, I would love to hear from you.

According to the supervisor the new process is supposed to help cut down on the time frame for approving the short sales. Some BOA files that have taken 6-8 months so if this policy can cut the time in half I would be very happy!

Contact us if you have any questions.

5 Tips for Protecting your home from Foreclosure

Tuesday, August 11th, 2009

1. Don’t ignore your mortgage problem.

If you are unable to pay–or haven’t paid–your mortgage, contact your lender or the company that collects your mortgage payment as soon as possible. Mortgage lenders want to work with you to resolve the problem, and you may have more options if you contact them early. Call the phone number on your monthly mortgage statement or payment coupon book. Explain your financial situation and offer to work with your lender to find the right payment solution for you. If your lender won’t talk with you, contact a housing counseling agency. You can find a list of counseling resources at NeighborWorks and on the U.S. Department of Housing and Urban Development’s (HUD) website.

2. Do your homework before you talk to your lender or housing counselor.

Find your original mortgage loan documents and review them. Review your income and budget. Gather information on your expenses, including food, utilities, car payment, insurance, cable, phone, and other bills. If you don’t feel comfortable talking to your lender, contact a housing or credit counseling agency. Counselors can help you examine your budget and determine the options available to you. They may also advise you about ways to work with your lender or offer to negotiate with your lender on your behalf.

3. Know your options

Some options provide short-term solutions/help, while others provide long-term or permanent solutions. You may be able to work out a temporary plan for making up missed payments, or you may be able to modify the loan terms. Sometimes, the best option may be to sell the house. For information on different options, visit HUD’s website or Foreclosure Resources for Consumers for links to local resources.

4. Stick to your plan.

Protect your credit score by making timely payments. Prioritize bills and pay those that are most necessary, such as your new mortgage payment. Consider cutting optional expenses such as eating out and premium cable TV services. If your situation changes and you can no longer meet your new payment schedule, call your lender or housing counselor immediately.

5. Beware of foreclosure rescue scams.

Con artists take advantage of people who have fallen behind on their mortgage payments and who face foreclosure. These con artists may even call themselves “counselors.” Your mortgage lender or a legitimate housing counselor can best help you decide which option is best for you. For tips on spotting scam artists, visit the Federal Trade Commission’s website, Foreclosure Rescue Scams. Report suspicious schemes to your state and local consumer protection agencies, which you can find on the Consumer Action Website.
Courtesy of http://www.federalreserve.gov/pubs/brochure.htm
For more information you may also visit our website and click on Help for Sellers.

Real estate pros push for better short sales

Thursday, May 28th, 2009

LONG ISLAND, N.Y. – May 11, 2009 – As anybody who has dealt with one knows, short sales should be renamed “long sales.” But that could be changing.
One of the real estate professionals leading the charge to revamp the short-sale process is George K. Wonica, owner of Wonica Real Estate & Appraisals on Long Island, N.Y., and chair of the National Association of Realtors® Conventional Finance and Lending Committee.
Wonica already has met with 10 mortgage bankers and servicers in Florida to address the problem, and plans a similar meeting this summer in Las Vegas. He points to the uniform short-sale form developed by the California Association of Realtors as an example of what the industry needs.
Short sales appear to be good for both banks and buyers. A study by Connecticut-based Clayton Holdings Inc. showed lenders from May to October 2008 lost an average 37 percent through short sales versus 56 percent on homes sold after foreclosure.
Lenders recognize this and are trying to speed up the process. David Knight, a senior vice president at Wells Fargo Home Mortgage, says, “We think (a) short sale is superior to foreclosure … A short sale is not a bad deal all around.”
Additional liens are often the big holdup, but there could be progress on that front. In April, Bank of America, a major holder of second liens, announced that it would accept 5 percent of sale proceeds after real estate commissions and other costs on short sales. Previously, it had sought 10 percent.
Source: Inman News, Gilbert Mohtes-Chan (05/07/2009)
We have some helpful links on our website for sellers. Please feel free to contact us should you have any questions.

FORECLOSURE HELP

Monday, April 27th, 2009

The following groups are available to help at-risk homeowners:
• HUD at (800) 569-4287, (877) 483-1515, or www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm
• HOPE NOW, a cooperative effort of HUD mortgage counselors and lenders to assist homeowners: (888) 995-HOPE or www.hopenow.com
• NeighborWorks America: www.nw.org/network/home.asp
• Federal mortgage modification and refinancing programs: www.makinghomeaffordable.gov
• The Controller of the Currency’s consumer information site for banking-related questions: www.helpwithmybank.gov
• OCC Customer Assistance Group: www.occ.gov/customer.htm
• Federal Trade Commission: www.ftc.gov/bcp/edu/pubs/consumer/homes/rea04.shtm
• Federal Reserve Board: www.federalreserve.gov/pubs/foreclosurescamtips/default.htm

If after exhausting the above resources you find out that you do not qualify for any of the programs or if are overwhelmed, give us a call. We are here to help and we look forward to assisting you.

Hardship Package

Friday, March 27th, 2009

Short Sale Packages will vary from Lender to Lender. As your Realtor, an authorization letter will allow me to communicate with your Lender and facilitate the entire transaction on your behalf. This will help alleviate some stress of you!
The basic requirements of a short sale package include:
1. Cover Letter – which I will prepare.
2. Authorization Form to Release Information – The lender may have their own, but I also can provide a generic form which can be sent to the lender.
3. Hardship Letter – There are certain points you want to be sure to mention in the letter. I provide my sellers a sample to start with. One key point is that you will want to apologize for being in this unexpected financial situation and that you cannot continue to make the payments and you NEED HELP!
4. Financial Statement – Be truthful and honest about your financial situation. Disclose your assets and liabilities. Most Lenders will have their own financial statement to complete.
5. Listing Agreement
6. Purchase/Sale Agreement
7. Comparative Market Analysis
8. Last 2 months of Bank Statements – You will need to explain unaccountable deposits and large cash withdrawals.
9. Payoff Information for All Mortgages
10. Net Sheet/Preliminary HUD – Please be sure to disclose any outstanding HOA fees, liens on the property, 2nd mortgages, and/or Home Equity Line of Credit.
There may be options besides foreclosure. If you have questions, please be sure to give us a call or visit our website.

Acceptable Hardships

Tuesday, March 24th, 2009

A hardship condition is an unexpected financial crisis. This hardship is the reason behind most delinquent mortgage payments. HUD recognizes the following as valid reasons and hardships to be acceptable for default. Please review the list, if you are behind on your payments or feel you may be soon in falling behind, please call me! There may be other options besides foreclosure. I know it is hard for you, and I want to help! Please beware of companies or people that promise to make payments on your behalf, or those that may ask you to sign a paperwork without allowing you proper time to review – because you may be signing your home away.
Here is a quick list of 23 hardships:
Death of Principal Borrower
Death of Principal Borrower’s Family Member
Serious Illness of Principal Borrower
Serious Illness of Principal Borrower’s Family Member
Marital Problems (Divorce, Separation)
Unemployment
Lessened Income
Property Abandonment
Excessive Obligations
Long Distance Employment Transfer
Military Service
Unable to sell property
Unable to rent property
Loss due to Accident, Fire or Natural Causes
Fraud
Servicing Problems
Payment Adjustments (ARM)
Incarceration
Payment Dispute
Imposed Costs (Energy/Environment)"
Incurable Property Problems
Ownership Transfer Pending
Principal Borrower has business failure

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