Tag Archives: short sales

Tom Sullivan, Investment Advisor, Faces Foreclosure

Tom Sullivan
Tom Sullivan

So how is it that an investment adviser and commentator like Tom Sullivan is facing a potential foreclosure on his home in Placer County?  Shouldn’t someone who is an investment adviser know not to buy more than he can chew?

I guess you can blame the downturn in the economy for the majority of people who are now facing foreclosure.  Many of them were lured by banks into taking out loans at low interest rates that increased to exorbitant rates in two years, making it impossible for the homeowner to continue making their mortgage payments. But, it’s hard to understand how a financial advisor can fall into such a trap, especially when he is working full time.

Here’s a portion of the story from the Sacramento Bee:

“The longtime Sacramento investment adviser and commentator, who now works for Fox Business Network, is attempting to unload his former Granite Bay home in a short sale after being threatened with foreclosure.

Sullivan and his wife, Caroline, have listed his five-bedroom, Mediterranean-style house on Wexford Circle for $1.15 million. They paid $2.5 million for the home in 2004 and took out a $1.6 million mortgage, according to Placer County property records and MetroList Services Inc.

Sullivan moved to New York in 2007 to become an anchor on the Fox Business Network.

The Sullivans missed their first mortgage payment last October, according to Foreclosures.com. The research firm says Chase Home Finance issued a default notice on the 8,200-square-foot home four months later, in February.

The default notice was the first step toward foreclosure. The Sullivans would avoid foreclosure if the short sale goes through, but all the proceeds from the sale would go to the lender, and the Sullivans would get nothing.

In a short sale, the lender lets the home sell for less than what’s owed on the mortgage. But a lender can reject short-sale offers.

Sullivan, in his written statement, said he’s presented “a number of offers from buyers to the bank and they have rejected them. At this time we are still submitting additional offers and (are) awaiting the bank’s decision.

“I stand to have a significant loss on the sale, as many people have had in this depressed real estate market,” he said.

MetroList records show that Sullivan first tried to sell the house in 2006, asking $2.9 million before the market collapsed.

Sullivan is one of several high-profile Sacramentans to run into personal real estate problems in recent months. Former Kings basketball star Ron Artest finalized a short sale on his Loomis home recently. His ex-teammate Kevin Martin, facing a possible foreclosure on his former home in Rocklin, is attempting his own short sale.”

Sullivan made his early reputation in Sacramento as founder of the Sullivan Group financial-planning firm 26 years ago. He hosted a popular financial and general news show on radio station KFBK (1530 AM), provided financial commentary on KCRA-Channel 3 and wrote an investment advice column for The Bee.

Besides anchoring a TV show for Fox Business, he hosts a weekday Fox radio program.”

To read more: Click Here Sacramento Bee

Equity Loans Can Follow You After You Sell Your Home

Are you facing foreclosure?  Has someone advised you to do a short sale in lieu of foreclosure? Well, be careful, there could be a lot of problems down the road for you if you took out an equity loan to pay off debts or buy goods such as a car, boat, furniture or other such items.

Whereas California is a nonrecourse state, meaning lenders cannot pursue borrowers for unpaid balances on home-purchase loans. However, home loans not used for the purchase – home equity lines of credit and second loans taken out after purchase – are recourse loans, which means lenders are legally entitled to collect the unpaid balance. Depending on the type of loan, they have four to six years to pursue borrowers.

Refinanced mortgages do become recourse loans, but in California a nonjudicial foreclosure – the most common kind – eliminates the borrower’s liability to the lender that carried out the foreclosure, which is generally the main lender. A second lender for a nonpurchase loan, however, still has “recourse,” or the right to pursue the borrower.

The problem becomes that in the normal course of business, when you take out an equity loan, you sign a promissory note.  That note is a promise to pay the lender, regardless if your property is sold as a short sale or sold in foreclosure.  In short you may be stuck to pay off your note that you signed when you got your equity loan. This is what is called a recourse loan. Ouch, it can hurt.

Millions of borrowers do have recourse loans that they took out after purchase, which means lenders have a legal right to pursue them for unpaid balances.

In California during the boom real estate years – 2005 to 2007 – homeowners took out 2.88 million home equity lines of credit and 1.18 million nonpurchase second loans, according to First American CoreLogic, which tracks loan data. The total was 4 million such recourse loans totaling $485.3 billion.

Some experts think lenders may pick whom to pursue by probing defaulted borrowers’ net worth.

Rick Harper, director of housing at Consumer Credit Counseling Services of San Francisco, which staffs the federal HOPE for Homeowners hot line, said his workers tell borrowers who are considering default that their second loans could make them liable to debt collection.

“Depending on what the holder of that note wants to do, it can make their (the borrowers’) life miserable,” he said. “Most of the (lenders) do an asset test to see if there’s anything there. They can run credit reports, use investigative services, get their hands on the applications they used when they applied for a loan.” Applications for loan modifications and short sales also require disclosure of assets.

Most of this story was taken from an excellent article in the San Francisco Chronicle.

To read the full story Click Here”

John J. O’Dell GRI, SFR
Real Estate Broker
Looking for property in Nevada County? Click Here

California Politicians Finally Passes State Tax Relief Bill For Short Sales and Modified Mortgage Loans

Politicians, like diapers, should be changed often and for the same reason

After much political wrangling, which seems to be the norm for California politicians,  the Governor signed “legislation to provide greater assistance to California Homeowners”.  Amazing how the politicians pat themselves on the back with their wording for something they should have done last year. Anyhow, here’s the press release, notice all the huffing and puffing of their chests for something that was so obvious for the politicians to pass without any fanfare.

“Gov. Schwarzenegger Signs Legislation to Provide Greater Assistance to California Homeowners

Tax Conformity Bill Also Promotes Growth in California Renewable Energy Projects

Governor Arnold Schwarzenegger today signed SB 401 by Senator Lois Wolk (D-Davis), legislation that will bring much of our state tax policy in line with federal policy while specifically providing greater tax relief to struggling California homeowners who have sold their homes as short sales or modified their mortgage loans. This bill will also assist companies that are developing new renewable energy projects in the state that are financed by economic stimulus grants received through the American Recovery and Reinvestment Act (Recovery Act).

“This legislation is a great example of what we can accomplish when we work together to solve problems that affect Californians, and I applaud Senator Lois Wolk, Senator Ron Calderon, Assembly member V. Manuel Pérez and Assembly member Anthony Portantino for their work. It is important that we continue to provide all possible assistance to homeowners who were negatively impacted by the mortgage crisis, and this bill will provide them with necessary mortgage debt relief and protect them from thousands of dollars in unfair taxes,” said Governor Schwarzenegger. “SB 401 will also help promote the growth of renewable energy projects in California by providing tax assistance to businesses to get their projects of the ground, which is good news for our economy.”

SB 401 extends the law providing mortgage debt forgiveness to homeowners who have already lost their homes due to declining home prices and cannot afford to pay thousands of dollars in taxes because the mortgage company forgave the remainder of the loan. This means that Californians who have sold their homes as short sales are allowed to exclude from taxable income the amount that was still owed to the mortgage company. The legislation, which increases the amount of mortgage debt forgiveness available, also applies to homeowners who have made loan modifications in 2009.

The bill also assists renewable energy companies that are currently establishing the financing to build their projects in California. By designating federal economic stimulus grants received through the Recovery Act for renewable energy projects are not treated as income for tax purposes, this legislation will help companies move these projects forward and help their business thrive in the state.”

Notice that the bill also attached a rider to aid renewable energy companies. I wonder if our politicians ever pass a bill without a rider on it?

On the surface the rider on SB 401 seems to be a good one, but has anyone read the fine print? What do you think?

John J. O’Dell
Real Estate Broker
Searching for short sales and foreclosures in Nevada County?
Click Here

Help for Short Sales Start Today

April 5, 2010

A short sale, also known as a pre-foreclosure sale, is a solution to avoid foreclosure in which the bank allows a person (the homeowner or a third-party investor) to satisfy a loan by paying off a percentage of the loan amount

The Federal government has a program called Home Affordable Foreclosure Alternatives Program or HAFA

Starting today

  • Complements HAMP by providing a viable alternative for borrowers (the current homeowners) who are HAMP eligible but nevertheless unable to keep their home.
  • Uses borrower financial and hardship information already collected in connection with consideration of a loan modification.
  • Allows borrowers to receive pre-approved short sales terms before listing the property (including the minimum acceptable net proceeds).
  • Requires borrowers to be fully released from future liability for the first mortgage debt (no cash contribution, promissory note, or deficiency judgment is allowed).
  • Uses standard processes, documents, and timeframes/deadlines.
  • Provides the following financial incentives:
    • $3,000 for borrower relocation assistance;
    • $1,500 for servicers to cover administrative and processing costs;
    • Up to $2,000 for investors who allow a total of up to $6,000 in short sale proceeds to be distributed to subordinate lien holders, on a one-for-three matching basis.
  • Requires all servicers participating in HAMP to implement HAFA in accordance with their own written policy, consistent with investor guidelines. The policy may include factors such as the severity of the potential loss, local markets, timing of pending foreclosure actions, and borrower motivation and cooperation.

Further Requirements:

— Sellers must be unqualified for a loan modification under the Home Affordable Mortgage Program or be unable to afford the modification.

— The bank will set an acceptable value of the home upfront, based on an appraisal or broker’s price opinion.

— Lenders must approve or deny a purchase offer within 10 days of it being submitted.

— Once the bank approves a home for short sale, sellers may stop paying all related mortgage payments, and unpaid mortgage debt will be forgiven.

— These mortgage payments will not be shown as late on credit reports.

John J. O’Dell
Real Estate Broker
Looking for short sales or foreclosures
Go to JohnOdellRealty.com

David After Dentist

This is a cute YouTube video of a woozy 7-year-old boy in the back seat of a car, struggling to understand the effects of anesthesia. It’s  been viewed 53,900,000 times and has helped the family gather income in the low six figures since it was posted 18 months ago.

httpv://www.youtube.com/watch?v=txqiwrbYGrs

CNN has more on this rapid way to fame if you are interested Click Here

John J. O’Dell
Real Estate Broker
Search for foreclosures & Short Sales
Click here

Banks Short Sales Equals Very Long Sales

By John O’Dell

I wrote an article last year that the banks were trying to make short sales shorter.  That post was based on news at that time that banks were streamlining their short sale process. Well, I think that was propaganda that was just made to make people think the banks are acting responsibly. Nothing has changed since the banks press release.

You can wait six months and not hear anything from a bank on a short sale. They even put the property in foreclosure in the middle of a short sale! I can give you several recent examples that I had with short sales, none of them good.

A 5,000 square foot house in Nevada County was a short sale. Listed at over $800,000, than dropped to $599,000, than $499,000, than finally to $399,000. One of my clients made a full price offer, but was in a backup position.  The buyers in first position, that is they made the first offer. The bank listed the property at $399,000, but then started negotiating with the buyer. The bank said (verbally)  OK we’ll take $450,000, but once the buyers said OK, the bank changed their mind and said no we want $475,000 and got it!  So much for fair dealing. By the way, 60 percent of the  buyers in second position are the ones that get the home, since the buyer in first position gives up and buys somewhere else.

I have several offers in for my clients in second position and several months later, we have not heard anything. We have an offer in for another client on an REO (bank owned home) in San Jose and we are in the second week of finding out if our offer has been accepted. The response we get from the listing agent is that the bank’s asset manager is over whelmed. I can’t give you the offering price, but you know real estate in San Jose is not cheap, yet the bank is “over whelmed”.

So what has been your experience in dealing with your bank?

John J. O’Dell
Real Estate Broker
Here to help you with your buying or selling of real estate.

Banks Making Short Sales Tougher

short-sale

Banks are backing away from short sales, forcing sellers to pay extra at closing or demanding a promissory note for the amount due. One-third of borrowers owe more on their mortgages than their properties are worth, according First American CoreLogic.

When their situations were really tough, most banks preferred short sales because they were their best opportunity to get the most money back. But with an improving economy, and because the losses on many of these properties have already been written off the books, banks are increasingly reluctant to negotiate a short sale.

Today, banks demand 9.5 weeks to respond to a short-sale request, compared to 4.5 weeks a year ago, according to research firm Campbell Communications. Their reluctance is frequently stymieing sales and frustrating real estate practitioners.

“It drives me up a wall,” says Robert G. Hertzog of Summit Home Consultants in Phoenix. “[The bank is] holding my client hostage.”

Banks Finally Try to Make Short Sales Shorter

short-sale-sign

There is sometimes nothing more frustrating than a short sale. Banks typically take 90 days to six months, accept other offers if they are a dollar higher in the meantime, therefore never knowing if the home your are trying to buy will become a reality. So the news is that Bank of America and Wells Fargo, say they are making it easier for delinquent borrowers to avoid foreclosure by selling their homes for less than they owe on them.

Their efforts dovetail with a strategy unveiled last week by the Obama administration to promote such short sales.

Demand for short sales has burgeoned because falling home prices have made it impossible for many homeowners to get high enough prices to repay their lenders if they run into financial trouble, such as a job loss.

A short sale has an advantage over foreclosure for the homeowner because it is less embarrassing and does less damage to his or her credit. And for the lender, it is less costly than having to repossess, market and maintain a vacant property. Avoiding a foreclosure means keeping a house occupied which helps preserve a neighborhood.

However, because of the complexity of such transactions — including the need for approval of a sales price by lenders, investors and mortgage insurers — the sales often fall apart. Real estate agents complain that by the time they get an answer from the bank on an offer, the potential buyer has lost interest.

At Bank of America, the nation’s largest mortgage servicer, more than 60 percent of approved short sales do not close, which is why the bank wants to streamline the process, said BofA Senior Vice President David Sunlin by telephone Thursday.

Sunlin, who manages short sales for the bank, said the “bank’s first goal still is to negotiate a mortgage modification that will let a borrower keep his home —during those negotiations the bank can simultaneously obtain the documentation needed to qualify the borrower for a short sale if the modification doesn’t work”

Banks typically do not begin the lengthy process of qualifying a borrower for a short sale until it has received a purchase offer.

To expedite short sales, Bank of America has enlarged and updated staff training and set up a phone line dedicated to short sales that borrowers and their agents can use.

 Sunlin said, ” in 60 to 90 days the bank will roll out a Web program it will use to find and track the short sales of houses with mortgages that it services.  The Web portal also will accept qualifying documentation from clients wishing to do short sales.”

It typically takes 45 to 60 days for the bank to tell a client if a short sale offer can be accepted and up to 90 days if an investor must approve , with the goal for the banks is to shorten this time line.

By doing this, we should see more private sales instead of more sales of bank-owned (houses),” 

Sunlin said short sales will also benefit from an amendment to President Barack Obama’s Making Home Affordable program announced last week that will standardize short sale application and acceptance forms. It also provides monetary incentives to servicers and helps cover relocation expense for homeowners.

David Knight, senior vice president at Wells Fargo Home Mortgage, said in an interview that his bank has been working many months to reduce delays in the short sale process. He said the bank is working closely with borrowers’ agents to increase the likelihood that the listing prices on a short sale will be accepted.

The lending and real estate industries have been on a crash course to learn about short sales since the housing market bust, Knight said. “The big challenge is none of us really understood the process,”

By the way, as of May 22, 2009, in Nevada County, there are 103 active short sales on the market and 55 short sales with contingencies, for a total of 158 short sales.

New Financial Incentives and Uniform Process for Short Sales

short-sale-house

The following is a press release which announces that the Obama Adminstration has setforth guidelines to make short sales a little easier and should help us in Nevada County in speeding up short sales.  For anyone with economic problems regarding their home, this is welcome news. Banks tend to prolong a short sale because of their bureaucracy . This proposal will give banks financial incentives to speed up the process. 

A short sale occurs when a property is sold and the lender agrees to accept a discounted payoff, meaning the lender will release the lien that is secured to the property upon receipt of less money than is actually owed.

The NATIONAL ASSOCIATION OF REALTORS® (NAR) today announced that the Obama Administration has added new incentives and uniform procedures for short sales under its new Foreclosure Alternatives Program (FAP), part of the administration’s Making Home Affordable plan.

Loan servicers may consider short sales or deeds-in-lieu of foreclosure for borrowers who do not qualify to have their loans modified on a permanent basis under the Making Home Affordable Loan Modification Program.

• Borrowers/homeowners qualify under the FAP if they meet minimum eligibility requirements for the Home Affordable Modification program, but don’t qualify for a modification or do not successfully complete the three-month trial period. Before proceeding with a foreclosure, servicers must determine if a short sale is appropriate.

• Incentives include: $1,000 for servicers for successful completion of a short sale or deed-in-lieu of foreclosure; $1,500 for borrowers/homeowners to help with relocation expenses; and up to $1,000 toward the cost of paying junior lien holders to release their liens (one dollar from the government for every $2 paid by the investors to the second lien holders).

• The program will include streamlined and standardized documents, including a Short Sale Agreement and an Offer Acceptance Letter. The goal is to minimize complexity and increase use of the short sale option.

• Servicers will independently establish both property value and minimum acceptable net return, in accordance with investor requirements. The price may be determined based on an appraisal or one or more broker price opinions (BPOs), issued no more than 120 days before the date of the short sale agreement.

• In the Short Sale Agreement, servicers must give borrowers/homeowners at least 90 days to market and sell the property, or up to one year, depending on market conditions. Property must be listed with a licensed real estate professional with experience in the neighborhood. No foreclosure may take place during the marketing period (at least 90 days) specified in the Short Sale Agreement.

• The Short Sale Agreement must specify the reasonable and customary real estate commissions and costs that may be deducted from the sales price. The servicer must agree not to negotiate a lower commission after an offer has been received.

• Servicers may not charge fees to borrowers/homeowners for participating in the FAP.

• The program is in effect through 2012.

• Servicers have the option to require the borrower/homeowner to agree to deed the property to the servicer in exchange for a release from the debt if the property does not sell within the time allowed in the Short Sale Agreement (plus any extensions).

Printed by Permisson of:
Copyright © 2009 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.)

Lenders Chase Short Sale Sellers

This is a reverse view, your neighbors are there to watch out for you.
This is a reverse view, your neighbors are there to watch out for you.

This is Listing… with panoramic views in Seattle, Washington. But, on with the story.

An increasing number of lenders are going after borrowers who sell their homes for less than they owe – known as a short sale – in order to recover more of the difference between the amount owed and the sale price.Lenders say the factors that they consider when they decide to seek more money are: 

  • How large was the unpaid debt?
  • Was the property an investment or a personal residence?
  • How much money does the borrower make and what other assets does he have?
  • What is the policy of the mortgage insurer or the holder of the second lien? 

A PMI Group Inc. spokesman says the mortgage insurer “primarily target[s] borrowers who are not experiencing hardship – but those who simply elected to walk away from the property due to its decline in value

Source: The Wall Street Journal, Ruth Simon (04/30/2009)

In real estate, a short sale is when a bank or mortgage lender agrees to discount a loan balance due to an economic hardship on the part of the mortgagor. The home owner/debtor sells the mortgaged property for less than the outstanding balance of the loan, and turns over the proceeds of the sale to the lender, usually in full satisfaction of the debt. In such instances, the lender would have the right to approve or disapprove of a proposed sale. 

In some cases as mentioned above, the banks are not willing to just let go of the mortgage without further compensation.  In many cases, this has led to foreclosure in lieu of a short sale.