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Mary Easton
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Archive for January 2009

Why Do a Short Sale?

Tuesday, January 20th, 2009

When a person is having trouble paying the mortgage in Auburn, WA, they have choices, one of which is to sell the home as a “Short Sale”. This is where the seller, usually with the evidence of a market analysis, realizes that they will be unable to sell the house for the same price that they had paid for, mortgaged or refinanced the home.

Auburn lenders are not naïve, nor unaware of the value of a home, and in a short sale process will insist on a comparative market analysis “CMA”, or broker price opinion “BPO”. The lender may hold out for a higher price than what the agent and owner have decided as the listing price on the Auburn short sale property. When an offer comes in on the short sale, many things happen (or don’t happen). If discussions about the short sale have not already been held between the real estate agent/seller in Auburn, WA, and the lender; the lender will require proof that the seller is in hardship and requesting a short sale. This proof includes a hardship letter that explains why the seller cannot pay the difference due upon sale, including why the seller has or will stop making the monthly mortgage payments on their Auburn short sale property. The lender will want to see a copy of the Auburn, WA, seller’s financial statements and assets. If the seller has savings or assets, the lender may not grant the Auburn short sale. It has recently come about that the Auburn lender is not likely to waive the deficiency, and will reserve the right to come after the seller in the future for the deficiency (what is owed).

None-the-less, in some cases, the seller of the Auburn, WA property will be better off to try to do the short sale, rather than wait for a foreclosure to come about, due to credit scoring reasons. It at least shows an attempt to rectify the short sale situation, rather than just walking away from the home altogether.

What is a Short Sale?

Tuesday, January 20th, 2009

By definition, a “Short Sale” is a transaction whereby a Seller needs to sell the house at less than what is owed on the mortgage, and the lender agrees on the lesser amount, thus being “short” on what is owed to the lender. The reason this situation has come about in Auburn, WA is because the house was more than likely bought or refinanced during the “hot market” of mid-2005 through 2006 and early 2007. Lenders at that time were willing and eager to lend money in an appreciating market, with no awareness nor concern about when the top of the market would be reached. Unsuspecting buyers were eager to buy, out of worry that at the rate home prices were escalating in Auburn, WA and nationwide, they would soon be unable to afford a home at all! Sellers were eager to entertain the highest prices they could, and real estate agents encouraged multiple offers and a bidding war. Appraisers were willing to appraise the houses for a high value, and lenders were willing to lend on the inflated house prices. At that time in Auburn, WA and nationwide, there were loan products available that were previously never available before, some good loans that helped people get into homes, and some bad loans. There also was fraud involved in some cases with the more dishonest, sophisticated, and greedy lenders, appraisers, etc. although not with the normal everyday homeowner and buyer.

How long does it take to close a “Short Sale”?

Tuesday, January 20th, 2009

Since every lender and every seller’s and buyer’s situation is different, the time can vary from 2 weeks to 90+ days, or anywhere in between, the latter being more common. Beware of too low of a listing price, because some agents are listing the houses too low in an attempt to get a lot of “bids” on the house, resulting in a situation where maybe none will be accepted. This tactic is used to try to get the best “bid” for the house, and then to try to get the lender to counteroffer at the lender’s acceptable sales price. In my opinion, this is wasting a lot of the agent’s and buyer’s time and emotion. If you have ever been a buyer, you know what I mean by emotional time. What an exciting time it is in a person’s life, to buy a home! How disappointing, on the other hand, to find out that you have been mislead, used, strung along, and that you have possibly passed by other opportunities while waiting for this one to finalize.

Also, normally the house is being sold “as-is”, so it is important to get a home inspection. Do not waive the right to do a home inspection. Also, when submitting an offer, the lender of the “Short Sale” will want to see that you have your own loan available and that you are pre-approved. Try to give a time frame to the lender in which to respond, after which you will be free to cancel. If the lender is under no pressure to make a decision, the paperwork may sit on the lender’s desk. A good real estate agent in Auburn, WA, such as myself will make sure that the offer is submitted to the individual who is in a decision-making capacity.

Auburn, WA Foreclosure Solutions and Tips

Tuesday, January 13th, 2009

Today I am going to discuss Auburn, WA foreclosure help and real estate solutions, why you need it, and where to look for it.

When a person living in Auburn, WA knows that he/she is going to miss a payment, or has already missed one or more payments, time is of the essence, you may be heading toward foreclosure. Because the government is constantly trying to help solve the mess that we are currently experiencing, they have recently come out with yet another “bailout” program that has the unusual twist of assisting some individual homeowners facing a foreclosure in Auburn, WA. In brief, the “distressed” homeowners who have little to zero equity remaining in their home and who meet certain eligible criteria can obtain a quick and streamlined loan modification. This is a process whereby the mortgage payment is reduced to an affordable monthly payment on a 3 month trial basis to see if the borrower can maintain the new monthly payment in an effort to keep them out of foreclosure in Auburn, WA. This will apply to and help some homeowners, but of course not all homeowners.

When facing a potential foreclosure in Auburn, WA , here are some things to keep in mind from the start:

Don’t panic. It is human nature to panic and then not know which way to turn, wishing that it were not really happening to you.

Don’t delay. Delaying will only make your foreclosure matters worse. Loss of income, health care issues, economic downturn, and an adjustable loan monthly mortgage payment (now increasing) are factors outside a person’s control. Accepting the facts, and trying to find the solution that will work for you is something that must be tackled head-on. Do not ignore warning letters from your lender.

Beware of scams. Never make your mortgage payments to anyone other than your lender. Beware of any home-sale contracts in which you are not formally released from liability for your mortgage loan. If it sounds too good to be true, it probably is. These scams will not help your Auburn, WA foreclosure situation.

Talk to a lawyer. There may be some legal steps that a lawyer can take to help postpone the foreclosure, such as bankruptcy, chapter 7, 11, or 13. The sooner that you find out what your options are, the better you can proceed with planning the action to take. A lawyer will know the best way for you to proceed and offer choices. Never sign a contract under pressure without talking to a lawyer.

Talk to a qualified Real Estate agent. Real estate agents such as myself, know the current value of your home in Auburn, WA, and how long it will take to sell. If it needs to be sold quickly, a sale may not happen in time, so consulting a real estate agent as soon as you know you are facing problems, preferably long before any foreclosure notices are ever served, gives an agent time to market the home, obtain a buyer for your Auburn, WA home, and get it closed. Agents (or their short-sale specialists they use) oftentimes will have to negotiate a long time with a lender to make it work. A lender is not in a hurry to make a deal where the lender going to lose a lot of money. Recently, some lenders have speeded up the process, but the agent must be experienced and persistent in working with foreclosures.

Educate yourself and know your rights. Buy the book, “Fight Foreclosure! How to Cope with a Mortgage You Can’t Pay, Negotiate with your bank, and Save your Home” (Wiley, $19.95) by David M. Petrovich, a former real estate agent who has spent 25 years working with troubled homeowners facing foreclosure. Ten years ago he co-founded the New Jersey-based consumer advocacy nonprofit Society for the Preservation of Continued Homeownership. Petrovich dispenses solid advice such as: Be honest with yourself and your lender. Don’t make promises you can’t keep. Act fast. Explore all options. Document and file everything. Don’t sign anything you don’t fully understand. Avoid the many foreclosure rescue scams that prey on homeowners in trouble. Only do business with those you can trust. Communication with the lender is crucial, as well as outlining strong and convincing ways of persuading a lender to modify the loan terms. However, Petrovich says, “By agreeing to a mortgage modification to save your home from foreclosure, you may feel as if you’ve dodged a bullet. You may have, BUT if your loan was made in bad faith, had predatory characteristics (for instance, a loan the originator knew you could not afford, told you one thing but delivered something else at closing, charged excessive fees, etc.), or if your loan is one of millions of mortgage loans made in violation to federal Truth in Lending Law, you may have shortchanged yourself.” Other signs of predatory lending include abusive prepayment penalties, kickbacks to brokers (Yield Spread Premiums), and loan flipping.

Knowledge is power. In closing, once you sign a modification agreement to save your home from foreclosure in Auburn, WA, you waive your legal right to revisit the issue later. Consequently, before signing anything it might behoove you to have a lawyer look over your original loan documents as well as the proposed loan modification and workout papers. Not just any old lawyer, though, but one skilled in forensic loan audits, truth-in-lending violations, and foreclosure defense. Also, a trusted and knowledgeable Loan Officer may be able to spot some of the violations and/or excessive financing fees that the original mortgage broker charged. Discovering that the original loan has these kind of issues can help to persuade the lender to be more cooperative by creating incentive for the lender to grant a more beneficial loan modification.

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