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Oct
03

USDA Now Charging a Monthly PMI Fee

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Effective 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.

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Sep
23

Deed in Lieu of Foreclosure Facts

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Sellers, 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.main

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!

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Sep
15

Foreclosure Starts Escalate

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Mortgage 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.

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Sep
08

Housing Prices Expected to Slow

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The warm weather homebuying season has kept prices moving up, but Clear Capital says the rate of appreciation is already slowing and weak consumer confidence points to a stormy rest of the year.

The “company’s latest report shows that home prices rose 4.0 percent over the four-month period ending in August when compared to the previous three months – an assessment Clear Capital refers to as a rolling quarter.

The company notes, however, that the recent gains over the summer months have not been enough to recoup longer-term declines, with national home prices still 6.2 percent below last year’s levels.

Dr. Alex Villacorta, director of research and analytics at Clear Capital, points out that the short-term gains reported in recent months are coming off of the record lows of winter.

“With summer coming to a close and the price gains clearly starting to level off, the market is at a critical juncture as to whether it can avoid another significant downturn into the slower buying seasons of fall and winter,” Villacorta said.

According to Clear Capital, low consumer confidence and a continued high unemployment rate support the company’s projection of downward home price movement for the remainder of 2011.

“The latest readings on consumer confidence paint an ominous picture that at present, consumers are still not ready to risk jumping into the market despite very low mortgage rates and very affordable home prices,” Villacorta added.

Based on Clear Capital’s latest report, the Midwest region leads the nation with a seasonal quarterly home price gain of 7.3 percent, buoyed by solid improvement in Chicago and the Ohio markets in particular.

In the Northeast home prices rose 4.9 percent, and in the South quarterly appreciation came in at 3.5 percent.

Home prices in the Western region of the U.S. were up just 0.7 percent. Clear Capital says with economic uncertainty and significant distressed sales activity affecting the West, this small gain may potentially represent peak price growth in the region for the rest of 2011.

Home prices in all four regions came in well below their readings at this time last year, with the smallest annual dip in the Northeast at 2.0 percent.

Jacksonville, Florida replaced Detroit as the “lowest performing” major market, posting a -2.7 percent quarterly price change. Eleven of the 15 markets on the low end of the price performance spectrum reside in the western part of the country.

Cleveland’s rolling quarter price gains jumped to 19.2 percent based on data through August, pushing the market to the top of Clear Capital’s “highest performing” list. The company says Cleveland’s large gains reflect vast differences in its REO composition between the winter and the spring-summer homebuying seasons.

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Sep
04

Real Estate News

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Sarasota 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 seal
taxes that will be due beginning November 1, 2011 based on last year’s assessment rate.

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Aug
23

Sarasota Realtor Explains Short Sales

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What is a Short Sale?

A real estate Short Sale is when a Lender agrees to sell the home at a price that is less then what is owed on the property.

Buying a Short Sale

  • When you purchase real estate, sometimes it can be purchased as a result of a “Short Sale” which is nothing other than the bank agreeing to sell the home at a price less than the mortgage balance.
  • As a result of the home being sold as a “short sale”, people assume that they are getting a great deal. This is not always the case. Although purchasing a short sale is often a great way to purchase real estate, many times due to the real estate market going through a downturn, you can purchase a home and still experience a reduction in value.
  • I feel that the key to having success when you purchase a short sale is to make sure that you do research on the market conditions and area of the home, and have an experienced agent representing you exclusively as a “Buyer’s Agent”.

Short Sale Process

  • The short sale can be very confusing because it is not as common as a regular real estate transaction.
  • Typically the short sale process takes longer (3-4 months average) because the Seller’s title company or attorney has to deal directly with the bank and gain their approval to sell the home.
  • When a client makes an offer to purchase a real estate short sale they do not have the benefit of getting a quick response like they would from a regular seller; however, the positive aspects of waiting for an approval from the lender certainly outweighs the negative.
  • The short sale process begins with the Seller having to show that they are eligible for a short sale.
  • All lenders typically require 2 years of tax returns, 2 years of W2’s, most recent month of bank statements for all accounts and a hardship letter.
  • The process of getting approved for a short sale is the exact opposite of what a borrower goes through when they are trying to obtain financing.
  • When a borrower obtains financing they have to show that they can afford to make the mortgage payments.
  • When a Seller is trying to get the bank to approve them for a short sale, they have to show the bank that they have made every attempt possible to try and make the payments.
  • If a lender sees that they have other liquid assets, they will not be very likely to help a seller out and approve them for a short sale without expecting some additional form of compensation at closing

Embracing Short Sales

  • Short sales are fast becoming the preferred option for buyers wanting a “great deal”, and sellers who want to try to avoid the stigma of foreclosure and its long-lasting stain on their credit worthiness.
  • At the same time, buyers perceive purchasing a short sale property as one of the best guarantees of a super deal; while banks have finally realized that they are likely to recoup more of their original investment by pursuing short sales instead of foreclosures.
  • That being said, a short sale remains no less frustrating or time consuming for everyone involved in the process, unless you deal with professionals such as Perin Realty & Associates, LLC…..turning negative market forces into positive opportunities for our clients.

A borrower who owes more on a Florida vacation condo than it’s worth wonders if foreclosure is the best option vs. a short sale.

slide0105Question: 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.

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Jul
21

Home Sales Fall Sharply

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Homes 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.

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Jul
14

Pent Up Housing Demand

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Demand for housing has been suppressed in the four-year period from 2007 to 2010. A review of household formation shows an annual increase of 500,000 to 600,000 over these years. A more normal gain would be 1 to 1.2 million each year. (As a quick clarification on households, one household corresponds to one housing unit. A single person living in an apartment is considered one household. A family of five people living under one roof is also considered one household.) Population growth has not slowed, rising consistently by around 3 million each year, but household formation has.

That is due to an increasing number of people deciding, or being forced by circumstance, to live with others. Rather than one roommate, many now have two. Some recent college graduates have returned home to live with their parents. Painful foreclosures have also forced people to find temporary arrangements with friends and relatives.

Living in tight spaces is not sustainable. More people cannot be comfortably shoved into existing households. Aside from the desire to be independent and to move away from temporary living situations, there is the issue of “familiarity breeding contempt,” as the saying goes. It is just a matter of time before household formation returns to its historic normal growth of 1 to 1.2 million each year. There could even be more-than-normal household formation for a few years from both normal population growth and from people leaving temporary arrangements. A stronger economy and job prospects will help in restoring normal household formation.

This suppressed housing demand is like a coiled spring. But when will it pop? This year? Next?

When it does pop there will be a rush of home buyers and renters into the market. Inventory will fall, home prices will rise. Rents will rise. Home builders will need to quickly ramp up production and hire construction workers. Home builders are expected to add only 770,000 new units this year, which is well below the one million new demand from household formation, but still up from the 500,000 range of the past three years.

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Jun
30

Waiting to Buy a Home After Foreclosure

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How Long Is the Wait to Buy After Foreclosure?

A sluggish housing market has caused millions of home owners to lose their home to foreclosure, short sale, or deed in lieu of foreclosure. But once these former home owners get a better handle on their credit, how long do they have to sit on the sidelines until they can secure future financing to buy a home again?

As an article in The New York Times notes “there are plenty of asterisks and conditions” when it comes to how long a borrower must wait after a “significant derogatory event,” like a foreclosure or short sale.

In general, however, The New York Times notes that the longest wait to buy again will come if there is a foreclosure in the former home owner’s past.

Fannie Mae and Freddie Mac have a three-year waiting period following a foreclosure, and a two-year wait following a short sale, deed in lieu, or discharge or dismissal of bankruptcy. However, if borrowers can justify that the circumstance for the foreclosure or bankruptcy occurred because of an illness or job loss — or other “extenuating circumstance” — that may help reduce their wait. But with no such extenuating circumstances, these former home owners may have to wait longer, even up to seven years following a foreclosure or four years after bankruptcy, the article notes.

For loans insured by the Federal Housing Administration, borrowers with perfect credit afterwards also will, in general, have to wait three years after a foreclosure and two years after a bankruptcy is discharged, The New York Times notes.

Following a short sale, borrowers will have to wait three years to secure another FHA loan — however, there are plenty of exceptions. Borrowers will have to wait three years if they were in default at the time of the short sale and had no extenuating circumstances. However, if the borrowers were on time with all their payments a year prior to the short sale, they may have no wait at all and might even qualify for an FHA loan immediately.

“The key is to avoid the foreclosure,” Andrew Wilson, a spokesman for Fannie Mae, told The New York Times. “That is what will help you be eligible for the shorter period.”