Author Archive
USDA Now Charging a Monthly PMI Fee
Posted by: | CommentsEffective October 1st, USDA announced new changes to their mortgage product line with regards to certain closing fees. Although USDA is still the only place you can get 100% financing, they were charging a 3% PMI fee upfront with no monthly PMI fee like FHA does. Now, you pay 2% (which is usually financed into the loan) of the total loan amount at closing, and then a fee of .3% per month based upon the amount of your 12 monthly payments. On a $100,000 loan that would amount to $25 per month. Still a great way to get into a new home if your location qualifies.
Deed in Lieu of Foreclosure Facts
Posted by: | CommentsSellers, You Do Have Options.
For all the talk about working things out with your lender when you’re in a financially distressed situation and afraid that you might lose your home to foreclosure, there is a time when the realization sets in that you just can’t dig your way out of debt.
Some Options are Better Than Others.
Some – like going through the entire foreclosure process – will leave a black mark on your credit report for probably 10 years. Others – like simply walking away from the property – aren’t necessarily wise ways of dealing with the situation either.
Sometimes, you just run out of options! Short of filing for bankruptcy (which only delays the inevitable, and does not STOP foreclosure in its tracks), sometimes your lender just isn’t willing to negotiate a loan workout (modification), or accept a short sale (agreeing to take less money on the sale of your property than the balance due on their underlying mortgage).
Then again, the lender MIGHT be willing to accept a Deed-in-Lieu of Foreclosure. Depending on how severe your financial hardship is, and other factors, the Deed-in-Lieu approach would allow you to sign over legal ownership to your home for the lender’s agreement not to foreclose. You are in effect giving up all claims and rights to the property in exchange for the ability to walk away from it, without having to make another mortgage payment – and, possibly, without a mark on your credit report.
At the very most, maybe a light gray mark instead of a black mark, if any mark at all depending on whether the lender reports your mortgage as “paid in full” or not. Some lenders will report a Deed-in-Lieu as a foreclosure to the credit bureau. Be aware of this, since the point of this transaction is to avoid this designation on your credit report. Plus, once agreeing to the Deed-in-Lieu, the lender will likely have to waive its rights to any deficiency judgment, which saves you from having to pay off any deficiency amount awarded the lender by a court. However, should you find yourself in this situation where there may be a deficiency judgment involved, the best thing to do is to consult with a reputable real estate attorney about possible options. You should contact a real estate attorney anyway if you are considering a Deed-in-Lieu because it involves you giving up some legal rights.
Bottom Line About Deed-in-Lieu.
A Deed-in-Lieu is a potential way out of foreclosure for distressed homeowners who are hard pressed to find their way back to financial solvency. It may not always be the best way, but it can be much better than going all the way through the foreclosure process or filing for bankruptcy!
Foreclosure Starts Escalate
Posted by: | CommentsMortgage servicers started the foreclosure process on more than 78,800 properties in August, a 33% increase from the month before and the highest monthly increase in four years, according to RealtyTrac.
Still, foreclosure starts remained 18% below the level measured in August of last year, just two months before the robo-signing scandal broke. Servicers across the country to froze the process to check mishandled documentation.
Default notices, the first stage in the process in nonjudicial states, jumped 55% in California.
“The big increase in new foreclosure actions may be a signal that lenders are starting to push through some of the foreclosures delayed by robo-signing and other documentation problems,” RealtyTrac CEO James Saccacio said. “It also foreshadows more bank repossessions in the coming months as these new foreclosures make their way through the process.”
According to ForeclosureRadar, another tracker of foreclosures along the West Coast, Bank of America (BAC: 7.05 0.00%) is behind the major boost in new foreclosures.
Overall filings, including default notices, scheduled auctions and bank repossessions, reached 228,098 in August, up 7% from the previous month but still down 33% from last year.
Lenders finished the process and repossessed more than 64,800 properties in August, down 4% from July and 32% from one year ago.
Nevada posted the nation’s highest foreclosure rate for the 56th straight month with one in every 118 properties receiving a filing. The 9,677 filings was a 3% decrease from the month before and down 28% from last year.
One in every 103 Las Vegas properties received a filing, five times the national average.
Real Estate News
Posted by: | CommentsSarasota and Charlotte County recently mailed its preliminary TRIM notices to property owners. This Notice provides homeowners with the County Property Appraisers estimation of market value as of January 1, 2011, and projects the real estate 
taxes that will be due beginning November 1, 2011 based on last year’s assessment rate.
Should Borrower Just Walk Away From a Vacation Home?
Posted by: | CommentsA borrower who owes more on a Florida vacation condo than it’s worth wonders if foreclosure is the best option vs. a short sale.
Question: I am going through a short sale process right now for my condo in Sarasota, Florida. I bought the property in 2005 and was moved by my employer to California a few months ago. Therefore, I have no use for the place now, and cannot afford the monthly mortgage payments, maintenance fees, taxes and general upkeep.
There is a 1st and 2nd mortgage on the property: One is owed about $350,000, and the second lien holder is about $50,000. According to a recent CMA/Appraisal, the property is now only worth $290,000. Both of the lien holders are going to submit 1099C forms to the IRS. That will result in me paying taxes on about $110,000! If I walk away and they foreclose, do I need to pay anything? I don’t care much about my credit record at this point! Can the lien holders come after me after a foreclosure?
Answer: Definitely stick with the short sale. In either case, since this is considered an “investment property” or “second home” by the IRS and not your primary residence, you’ll be on the hook for taxes on the shortfall between the final sales price and the amount owed on the mortgages. Plus with a foreclosure, if you personally signed on the note, the lenders won’t forgive your debt without first trying to collect the shortfall from you, according to a local real estate attorney that I recently spoke with.
Unfortunately, investors like you who bought a second home at the top of the market and have seen it drop in value get no relief from the federal government since this is not your primary residence. The IRS counts debt forgiveness – the difference between the home’s sale price and the amount owed on the mortgage(s) – as regular income, although there are exceptions for bankruptcy, insolvency, forgiven deductible mortgage interest and seller-financed debt. You also cannot deduct losses from price declines or expenses you incur for real estate brokers, attorneys or others involved in the sale. Primary homeowners, however, get a break from being taxed on the shortfall, at least until December 31, 2012, thanks to the Mortgage Forgiveness Debt Relief Act of 2007.
Unfortunately, you are stuck, although the short sale does have several advantages over the foreclosure. Some lenders don’t report short sales to credit bureaus, or report them as “paid as agreed”; and even if they do, you’ll likely have a lighter hit to your credit score than if you had a foreclosure. If you buy a home again in California, the loan application will ask if you have ever had a foreclosure; it won’t ask about a short sale. Moreover, under Fannie Mae guidelines, if you have a short sale and have been current on your payments, you may qualify to buy another home immediately; or within two years if you were in arrears. However, if you go through a foreclosure, the wait is 7 years.
But perhaps you have other options. You mention that you were moved by your employer, so I assume you are receiving the same salary that you had when you bought your Florida condo four years ago. You also state that you can no longer afford payments, but don’t explain why. Unless you’ve suffered a setback like a medical emergency, or you have a co-signer on the loan(s) who is now unemployed or has died, I don’t understand why your lender would accept your hardship letter and approve a short sale. Generally, you must prove a hardship in order to qualify for a short sale. With some lenders there are exceptions, but very few.
Lenders don’t consider not being able to use a place as sufficient reason to grant a short sale; after all, you can always rent the place out until prices improve. If your financial circumstances haven’t changed, and you truly can afford this condo, I suggest that you do that, even if the rent doesn’t cover all of your expenses. It’s a much better alternative than having your credit ruined, or exposing yourself to prosecution for fraud.
Home Sales Fall Sharply
Posted by: | CommentsHomes sales dropped by 9 percent in the Sarasota-Bradenton market during June but an apparent mix of more high-end homes buoyed pricing from May.
While down from a year ago, the median sales price of $162,000 was up 5.4 percent from May, suggesting a mix of more expensive properties.
May had seen a slight dip from April. The Sarasota-Bradenton market hit a post-recession low of $136,300 in January.
Like its neighboring market, prices in the Charlotte County-North Port market rose 1.2 percent from May to June. The median price was $101,700 last month, according to data released by Florida Realtors.
A total of 1,379 homes changed hands in Manatee, Sarasota and Charlotte counties during June, a 9.5 percent decline from a year ago when contracts that had been written during buyers’ rush to qualify for federal tax incentives were still affecting sales.
The credit triggered a huge amount of buying in spring 2010 that pulled forward some sales that would likely have happened later in the year.
The Sarasota-Bradenton market saw 973 sales in June compared with 1,068 a year ago while Charlotte County-North Port’s sales dropped 12 percent to 275 from 311.
Statewide, 17,597 homes were sold last month, an increase of 4 percent, while the median price fell 2 percent from a year ago. But that June price of $138,000 was up 1.8 percent from May, mirroring the trend in this region.
Nationally, sales fell 0.8 percent last month, the third straight monthly decline. The National Association of Realtors said a record number of people who signed contracts canceled deals last month while first-time buyers fell to a smaller share of the market.