Financing

How Does a Short Sale Work?

Stop Foreclosure

Stop Foreclosure

 

How Does a Short Sale Work?

You’ve probably heard of them, you probably know someone who is going through one, but you may not understand exactly what one is.

A short sale occurs when a mortgage company agrees to accept less than what is owed for the sale of a home.

Let me give you an example to demonstrate the point.

Mr. and Mrs. Smith (sellers) are no longer able to make their mortgage payments and have let the bank know they will be engaging the help of a real estate agent to market the sale of the home.  The agent provided Mr. and Mrs. Smith a comparable market analysis (CMA), and said the value of the home was approximately $300,000 – $325,000.  Unfortunately, Mr. and Mrs. Smith bought when the market was at it’s peak 5 years ago and they owe $380,000.  The deficit is $55,000-$80,000 and if the sellers sell their house for market value, they will short the bank this amount.

How does it work?

Here are the steps:

1.  The sellers have hardship (divorce, loss of job, illness, etc.) and can no longer meet their mortgage obligation

2.  The sellers should talk with the mortgage company to see if they would do a loan modification (make a change to the terms of the current mortgage in an effort to reduce the current payment) or if the bank has any other alternative to help them stay in the home

3.  Once it is determined that the bank can’t help the seller stay in the home, the seller should interview local short sale experts.  This is a very important step because the skills needed to navigate a short sale are very different than a home sale with equity

4.  Put the home on the market.  One of the differences in marketing a short sale than a home with equity is that while preparing a home for a short sale, no money or very little money should be spent in making improvements to the home

5.  Once an offer comes in, the agent will review the price and terms with the sellers.  If the sellers accept the offer, they send the contract to the bank or banks for their approval.  This is where the fun begins.  The process for getting the banks approval (also called third party approval) can take time.  I have seen them approved in 3 weeks (rare) and up to over a year

6.  The buyer can still do their property inspections but are likely to meet resistance if they ask for any repairs as the sellers may not have the ability to pay for any repairs and the banks are not likely to make any repairs either

7.  The bank/s will make their decision and will send the approval back in writing.  If the sellers agree to the terms, it’s time to prepare for closing

8.  The buyer will now submit all final loan paperwork, the appraisal will be ordered and closing will be scheduled (typically within 30 days)

No two short sales are alike.  All of them will try your patience and proper expectations should be set for the buyer and seller of a short sale.

There are currently 13 active short sales in Arnold and 15 in the 21409 zip code.  It’s important to know there are plenty of options to explore to avoid foreclosure.  If you know someone who is struggling, please share this blog with them and help them take their first step to freedom.

Live well.

Have You Backed Up Your Home?

Personal computers have been around long enough that everyone has experienced or knows someone who has lost their data due to a hard drive crash, accident or burglary. If they had a backup, the loss was inconvenient but not critical.

Do you have a backup for your personal belongings? Not that you need duplicates of all the items but do you have a journal listing of all the items with a description and their approximate values? That record becomes the backup that supports the claim for your insurance.

If a building sustains a total loss, the insurance company will usually pay the face amount of the policy. When it comes to personal property which might be 40% to 50% of the insured value of the dwelling, the insurance company is going to expect an accounting with receipts or at least, a relatively recent inventory.

The better your inventory, the less likely you’ll have difficulty with the claim. Almost everyone has a digital camera that can take stills and probably even videos. The combination of the images as well as a written description will help you replace the belongings and serve as proof to the insurance company.

Once you’ve made the inventory, store it off site for safe keeping. Online storage in the “cloud” might be the best place to insure you’ll always know where it is. Contact me for a free Home Inventory form; it’s my way of helping you be a better homeowner.

MID Limited per Residence

A recent U.S. Tax Court ruling clarified the IRS position that the $1.1 million limit for mortgage interest deduction applies per residence and not per taxpayer as some high-priced homeowners were hoping.

A married homeowner filing jointly can have fullly deductible interest on a mortgage of up to $1,000,000 of acquisition debt and up to an additional $100,000 of home equity debt. If the married couple files separately, each party is limited to deducting the interest on half of those maximum amounts.

The court case came about when two unmarried individuals who owned a home together as joint tenants felt that they were entitled to deduct the interest on $1.1 million of debt each. IRS did not agree with their understanding and neither did the Tax Court. The Court ruled that the limits apply per residence, not per taxpayer even if a home is co-owned by unmarried taxpayers.

The result for the taxpayers in this case was that their deduction was cut in half resulting in much more income tax due. While this situation only affects a few taxpayers, homeowners in this position should have a discussion with their tax professional.

Before You Call the Repairman

Have you ever had a service company to your home to repair something and find out that it really wasn’t “broken”? It probably conjured up ambivalent feelings of joy that it wasn’t something serious and frustration that you had to pay a service call for something so simple.

Before you call the repairman next time, keep these things in mind to see if it is something simple:

  • Disposer not working – check to see if the reset button has been thrown. It is usually on the bottom of the disposer. If the disposer is making a humming sound, the blades may be stuck. While the disposer is turned off, use a wooden broom handle as a lever to gently rotate the blades. Remove the broom handle and turn on the disposer to see if it works properly.
  • Air conditioner not working – check to see if a breaker has thrown on your electric panel. You might need to flip the breaker completely off and flip it back on.
  • Electrical outlets not working – Electrical plugs in bathrooms or outside, especially on a porch or patio, are many times connected to a ground fault interrupter. The GFI will be a wall outlet and it may be located in the garage. Locate the outlet and reset the button that may have tripped.
  • Clogged drain – a simple way to correct a slow or clogged drain is to use the water pressure from a garden hose. You’ll need a helper to turn on the water full-blast once you have safely placed the hose in the drain and are holding a hand-towel around the hose to direct the water to the drain. Be prepared to tell your helper to turn off the water when needed.

Whether it’s preparing a home to market or arranging repairs required by the sale, REALTORS® know reputable, reasonable and reliable service contractors. We’re here to share our contacts with you to help make home ownership better.

Don’t Miss the Recall

Occasionally, you hear about an important recall on a product you have and you take care of it immediately. However, if you were to miss such a notice, it could put you or your family in jeopardy.

You can subscribe to the U.S. government’s service to notify the public when recalls are made on vehicles, tires and child restraints through the National Highway Traffic Safety Administration on their site called SaferCar.gov.

You’ll receive a notification by email when there is a new recall based on the type you selected. You can change your selections or unsubscribe at any time by going back to their website in the “Manage Your Notifications” section.

We’re committed to helping you be a better homeowner by providing information on items that can protect your home’s value, reduce expenses, improve maintenance and increase the enjoyment of your home.

When Mortgage Debt is Cancelled

The Mortgage Forgiveness Relief Act of 2007 was passed by Congress to avoid additional financial hardship that some homeowners might experience due to a foreclosure or short sale. The law affects mortgage relief that occurs from January 1, 2007 to December 31, 2012.

Normally, IRS considers partial or total debt forgiven by a lender to be treated as ordinary income. This not only affects foreclosures but even short sales where only part of the debt is forgiven would trigger additional taxes for the homeowner. There are exceptions that apply such as bankruptcy and insolvency.

The forgiveness is only applicable to taxpayers’ principal residence and only acquisition debt used to buy, build or improve the home. The additional cash taken out when refinancing a home will not be eligible for the relief unless it is used for capital improvements.

The lender is required to submit a 1099 form to IRS and provide the homeowner a copy who will file the forgiven amount on Form 982 as part of their 1040 tax return. How this affects your individual situation may differ due to other circumstances and advice from a tax professional is recommended.

Another Indication

The Housing Affordability Index was developed over thirty years ago to help consumers determine when it is a good time to buy a home. It’s considered advantageous to the buyer when the index is over 100 because a median income family can qualify for a median price home.

Recent figures released by the National Association of REALTORS’ economic department show that the 2011 index of 184.5 is the highest annual average since it has been calculated. The most recent month released, December 2011, was 194.9. The index is also broken down into four regions of the country.

The two major components that contribute to the index are home prices and mortgage interest rates which are lower than they’ve been in the last five years which account for the dramatic rise in the index since 2006.

The Housing Affordability Index is another indication that this is a good time to buy a home for people who have good credit, a down payment and want a home. It may be the best time we’ll see in our lifetimes.

FHA Fees Going Up April 1st

FHA has raised the annual Mortgage Insurance Premium to 1.25% beginning April 1st.  MIP is required on all FHA loans and used to fund losses by lenders for borrowers who default on their mortgages.  As of June 1st, FHA loans in excess of the standard maximum of $625,500, in high-cost areas, will have a premium of 1.5% of the loan amount.

In addition to the increase in the annual MIP, FHA also announced it plans to raise the fee on the up-front MIP from 1.00% to 1.75%.  No date was reported for its implementation.

The bottom line will result in a borrower’s payments going up.  However, it might not be restricted to the MIP.  Freddie Mac’sPrimary Mortgage Market Survey showed that both 30 year and 15 year mortgages have gone up too.

One way to avoid the increase is to have a completed sales contract and have your lender order the FHA commitment prior to April 1, 2012.  If you plan on buying a home this spring, there is a reason to do it earlier rather than later.

Negotiating is an Art. Is your Realtor an Artist or Just a Presenter?

If negotiation is an art, is your Realtor an Artist?

I’ve said this is several blog posts and it’s worth repeating.  There is much more to a real estate sale than just sales price.  If price becomes the sole focus, many viable real estate transactions could be disregarded when a little massaging could have done the trick.

What are the other considerations when reviewing real estate offers?

  • Sales price (obviously)
  • Closing costs paid for by the seller (If the net number (Sales price minus any concessions ie. closing help) yields the seller an acceptable amount, don’t get stuck on the fact that someone is asking for closing help….. it doesn’t matter.
  • Repairs requested – If the sales price is full price but the buyer nit picks the house to death to the tune of $15,000 to remedy, would an offer $5,000 less with no repairs requested be better? Of course.

Find the Win Win to Win

  • Closing date – If you accept a full price offer but have to pay two additional months of mortgage payments to accommodate the buyer’s requested date, would you have been better off accepting an offer less than full price, but a 30 day closing?
  • Buyer or seller flexibility – Is your counterpart making all the rules and firm with all their requests or are they willing to compromise on some terms that are important to you?
  • Contingencies – A non contingent offer is much stronger than a contingent contract.  Keep in mind, contingency does not necessarily mean that the buyer has a home to sell.   Another common contingency is a home inspection contingency, for example.  All contingencies buy the buyer time to change their mind and offers an “out”.
  • Buyer and seller motivation – A buyer or seller who is motivated is much much bought in to the sale than someone who could take it or leave it.  You want your counterpart to be committed to the end result – going to closing.
  • Showing activity and offers – if you’ve had one showing in 6 months and they want to buy….. consider their offer.  You do not know when the next showing will be.  On the other hand, if you have multiple showings per week, you may be more judicious.
  • Buyer qualification – Does the buyer have strong qualifications or are they squeaking by? Did the offer include a letter from the lender? Are they pre-approved or only pre-qualified? Has the lender seen the buyers loan documents or are they giving a conditional approval IF the buyers documents match what they told the lender verbally?
  • Loan type – Each loan type has its own rules and regulations.  For example, on an FHA and VA loan, the appraiser will be looking for safety defects in the home which could cost the seller additional money to remedy.
  • Market conditions – buyers market or sellers market.  Obviously, the person buying in a buyers market is in a stronger negotiating position than the seller in a buyers market and vice versa.  Playing hardball when you are in a weaker position could be fatal.

Consider the big picture when an offer comes in.  Choose a Realtor with proven and successful negotiating skills.

If you found this post to be helpful, please share it!

Live well!!

 

The IDEAL Investment

Rental homes can be the IDEAL investment in today’s market because they offer a much higher rate of return than alternatives without the volatility of ups and downs in the stock market.

IDEAL serves as an acronym to identify the advantages of rental properties:

  • Income from the monthly rent contributes to paying the expenses and a return on the investment
  • Depreciation is a non-cash deduction that contributes a tax shelter
  • Equity grows monthly as the mortgage amortizes due to some of each payment being applied to the principal
  • Appreciation is achieved as the value of the property goes up
  • Leverage can increase the return on investment by using borrowed funds to control a larger asset
The combination of these characteristics working together makes rental real estate a very good investment for today’s economy and years to come. Increased rents, high rental demand, good values and low non-owner-occupied mortgage rates contribute to positive cash flows and very favorable rates of return.
Contact me for more information about actual opportunities in our local market.