Wednesday, September 1, 2010
Form 1099-C Cancellation of Debt
Borrowers need to check the Form 1099-C carefully. Notify the lender immediately if any of the information shown is incorrect. Borrowers should pay particular attention to the amount of debt forgiven and the value listed for their home.
For additional information visit the IRS website
IRS Publication 4705 (2-2009)
Catalog number 51765 C
Tuesday, August 31, 2010
Qualified Principal Residence Indebtness
Debt was reduced through mortgage restructuring, as well as the mortgage debt forgiven in connection with a foreclosure, may qualify for his release. In most cases, eligible homeowners only need to fill out a few lines on Form 982.
Debt forgiven on second homes, rental property, business property, credit cards or car loans does not qualify for the new tax-relief provision. In some cases, however, other kinds of tax relief, based on insolvency, for example, may be available.
See Form 982 for details.
For additional information visit the IRS website
IRS Publication 4705 (2-2009)
Catalog number 51765 C
Monday, August 30, 2010
An Agents Perspective: Survey of California Residential Market
The answers to the following questions will give a better understanding of the 2009 and 2010 California residential market from an agent’s perspective. Each agent was asked 11 questions regarding inventory levels, buyer activity, sales volume, foreclosures, short sales, and financing, all in relation to the California real estate market. The following data was accumulated from February 14, 2010 to February 25, 2010.
1. Are inventory levels in your market on average increasing or decreasing?
Over 60% of those surveyed agreed that inventory levels are currently decreasing, while only about 30% believe that inventory levels are increasing. The current market is demand-driven, and is therefore absorbing much of the supply (inventory levels).
2. To what extent has buyer activity increased or decreased over the past year?
Over 79% of those surveyed agreed that buyer activity has increased over the past year. On average, prices for a single family residence decreased dramatically, leading to an increase in buyer activity and an increase in demand.
3. What do you expect will happen to buyer activity in 2010?
Over 60% of those surveyed believe that buyer activity will continue to increase throughout 2010. The sustained increase in demand (buyer activity) can be attributed to the continuation of low prices as well as the buyer tax credit.
4. What do you expect will happen to sales volume when the buyer tax credit expires in April?
Over 70% of those surveyed believe that sales volume will decrease now that the tax credit has expired. The current tax credit includes up to $8,000 in government assistance for qualified first-time home buyers purchasing a principal residence, and up to $6,500 in government assistance for qualified repeat home buyers.
5. What proportion of buyers in your market are owner-occupants, not investors/landlords?
Over 75% of those surveyed believe that buyers are owner-occupants as opposed to investors or landlords. To some degree this is due to the current mortgage incentives given to owner occupant residencies.
6. Is favorable financing for purchases readily available?
Over 75% of those surveyed agree that favorable financing is either somewhat or readily available. Although lenders have become more stringent concerning lending and FICO scores, historical trends confirm that financing has become easier to obtain.
7. Have foreclosures in your market increased or decreased since early 2009?
Foreclosures vary typically by market. Although there is an increase in default payments, the variations in foreclosures can be attributed to the increase in loss mitigation efforts (short sales, loan modifications), which have helped many homeowners find ways to avoid foreclosures.
8. Have short sales in your market increased or decreased since early 2009?
Over 80% of those surveyed believe that short sales have increased since early 2009. The downturn in the California residential market has led many homeowners to seek assistance in the form of loss mitigation, in an effort to avoid foreclosures.
9. In your opinion, what effect have short sales and foreclosures had on home values during 2009?
Over 86% of those surveyed believe that 2009 home values were negatively affected by short sales and foreclosures. Due to homeowner debt and a lender’s willingness to rid itself of a property in default, many short sales are typically priced below fair market value, leading to a negative effect on home values.
10. In your opinion, what will be the future effects of foreclosures and short sales on home values?
75% of those surveyed believe that short sales and foreclosures will still have some effect on home values in the future. Therefore, a majority of the agents surveyed believe that home values will continue to decrease.
11. In your opinion, what will be true of housing values in 2010?
There is disparity concerning housing values in 2010. Over 44% of those surveyed believe that housing values will decrease in 2010. This can be attributed to the continuation of short sales and foreclosure, which lower housing values.
Published with permission from "A STATE IN TURMOIL: Why The California Residential Real Estate Market Has Just Begun To Fall" By Eli Tene, Gil Priel and Jeff Woodsworth. This text may not be redistributed or reproduced without the written consent of its authors.
Wednesday, August 25, 2010
Conclusion
However, despite any promising data today, there are a multitude of reasons to believe that the fundamentals recently supporting stability in the housing market will diminish in 2010. Specifically, the reduction of loan purchases by the Federal Government and subsequent increasing interest rates, the expiration of the tax credit, and the continued weaknesses in the overall economy will likely stymie demand in 2010. Furthermore, the failure of loan modifications to prevent foreclosures, and the anticipated increases in defaults from borrowers of Option ARMs and other loans, will serve as a continuing source of bank-owned properties to be liquidated in competition with one another and will greatly increase the inventory of homes. Any economics student can tell you that when supply goes up or demand goes down, prices must go down. And that is expected to occur in 2010. The extent of this price decline is undeterminable at this stage, but the risk is palpable.
Published with permission from "A STATE IN TURMOIL: Why The California Residential Real Estate Market Has Just Begun To Fall" By Eli Tene, Gil Priel and Jeff Woodsworth. This text may not be redistributed or reproduced without the written consent of its authors.
Tuesday, August 24, 2010
2010 Forecast
1. Rising Mortgage Rates: Just as low mortgage rates were partially responsible for the recovery manifested in 2009, increased rates could be the cause of a housing slump in 2010. Homeowners tend to buy a home not on the basis of what the home costs in absolute terms, but rather on how the mortgage payment will affect their monthly earnings. That is to say, for most home buyers, the key to home affordability is monthly cash flow. A rise in interest rates decreases the overall affordability of the home. Therefore, buyers will be willing to spend less overall, driving economic demand down. This could cause housing to again become overpriced.
2. FHA Restructuring: The Federal Housing Administration suffered heavy losses during the housing downturn, which could lead to additional bailouts from the government. As a result, the FHA slightly tightened standards and raised fees in January. If increased tightening occurs, it could reduce availability of financing and diminish the qualified-buyer pool. That would decrease demand and force further decline in values.
3. Failed Loan Modifications: Loan modifications are the reason many delinquent loans have avoided foreclosure, which has served to moderate the supply of foreclosed homes entering the market in 2009. During 2009, the REO saturation rate dropped 16 from 41.5% in the first quarter to 25.5% upon the release of the HDI Market Report in January 2010.vii However, while 728,000 homeowners have signed up for modifications, just 31,000 have permanent workouts. So it is reasonable to expect that many homes that have been in the modification pipeline will be moved belatedly into the foreclosure pipeline and will add to the supply of foreclosed homes in 2010.
4. Expiration of Mortgage-Backed Securities Purchase Program: The government set aside $1.25 trillion to buy back mortgage-backed securities (MBS), which has been the primary cause of low mortgage rates throughout the downturn. The program is set to expire March 31st. Purchases from the program made up 50% of the MBS issued in 2009, and it is very possible that interest rates will rise without the supplementary demand created by the Federal Government. Also, as stated previously, a rise in rates decreases the affordability of owning a home and will depress demand at current market prices.
5. Mortgage Interest Rate Resets: California has a high concentration of option adjustable rate mortgages that gave the borrower the option to pay a monthly amount less than that necessary to pay the interest on the loan. Thus not only are these loans in a negative equity position due to a falling market, but they are also building negative amortization. Interest-only loans that allowed interest payments for three, five, or seven years were popular with purchasers in expensive markets that did not quality for government-backed loans. Both negative amortization and interest only-type loans are about to reset, dramatically increasing the monthly payments for those borrowers. Of the pool of outstanding Option ARM loans, 88% have not yet experienced a reset event. Research carried out by Fitch showed that 94% of borrowers with Option ARM loans made only the minimum payment. And in the past year, the portion of Option ARMs that were delinquent, in foreclosure, or foreclosed rose from 16% to 37%.1 From the graphs, it seems evident that by the end of 2010, and through 2012, those resets will place heavy burdens on borrowers, who will likely forfeit their homes to banks that in turn will have to foreclose and liquidate the properties. These re-sets will likely cause the next wave of foreclosures, one that will be large and weigh on home values for a long time. Therefore the re-casting of Option ARM loans in the coming months and years will be the source of a tremendous amount of bank-owned housing inventory, which will exert downward pressure on home values.
6. Expiration of the Home Buyer Tax Credit: The program established by the federal government giving buyers an $8,000 tax credit, enacted to shore up the housing market, expired on April 30, 2010. Many home buyers have entered the market prematurely to take advantage of this additional incentive to buy a home now. Many of them perhaps would have waited until 2010 to buy a home, but opted to buy sooner to take advantage of the credit. Those buyers will not be available to buy in 2010. As a result of the expiration of this credit, the demand for housing in 2010 could be greatly diminished, and home prices could decline.
7. More Defaults & Foreclosures: Due to such factors as persistent unemployment and failed loan modifications as aforementioned, foreclosures will likely increase in 2010. There are nearly two million mortgages that are 90 days delinquent, and virtually all of them will end up in foreclosure. About 2.3 million have already been foreclosed on by lenders. Flooding the market with increased bank-owned (REO) properties could increase the housing supply beyond the bounds of demand at current pricing and force lenders to compete by dropping REO home prices. Similarly, short sellers, or property owners attempting to sell a property for less than what is owed on it, will be prominent in most markets, adding to distressed inventory. Home owners with negative equities have proven to have a high rate of default. According to a new study released by First American CoreLogic February 23, 2010, more than 11.3 million residential properties had negative equity at the end of 2009. That is equal to 24% of all mortgaged homes in the United States. This study also reports that an additional 2.3 million mortgages had less than 5% equity. These two numbers combined equal 29% of all mortgaged properties in the U.S. In California, 35% of all mortgaged residential properties are underwater, accounting for the largest number (2.4 million) among all the states. First American reports that once negative equity is 25%, or $70,000 greater than the property’s value, owners tend to walk away from their debt obligations and properties to the same degree as non-occupying investors.
Published with permission from "A STATE IN TURMOIL: Why The California Residential Real Estate Market Has Just Begun To Fall" By Eli Tene, Gil Priel and Jeff Woodsworth. This text may not be redistributed or reproduced without the written consent of its authors.
Housing Market: 2009 Review
However, inventory absorption and recovery were evidently taking root in the most affordable and most depreciated housing segments. Buyers were encouraged to re-enter the market as the Federal Government enacted an $8000 tax credit for first-time home purchasers, which was subsequently extended (on a more limited basis) to all consumers. This federal tax credit has been believed to have spurred activity throughout the American economy. In March, the stock markets began to recover as investors took a chance that the worst was behind us. Aside from the tax credits and stock market recoveries, there were several other reasons for the stabilization of housing in 2009:
1. Low Mortgage Rates: The Federal Reserve Board kept mortgage rates low at approximately 5% throughout 2009 by purchasing $1.25 trillion in mortgage-backed securities. Buyers, aware of these historically low rates, believed that there would be a small window of opportunity to buy before financing costs increased. The result was a sense of urgency that spurred an increase in home purchasing as well as mortgage re-finance applications.
2. FHA Loans & Fannie Mae and Freddie Mac: After nearly disappearing during the market boom, FHA loans have returned. One half of all sales nationwide to first-time home buyers were insured by the FHA during the peak buying period in 2009. Also, Fannie and Freddie, now wholly owned by the federal government, purchase nine of ten mortgages.
3. Loan Modifications: In 2009, at the encouragement of federal and state governments, banks and other lenders increased their efforts to modify troubled mortgages. This provided borrowers with alternatives to foreclosure, and prevented (or perhaps only postponed) many foreclosures. According to Clear Capital’s Home Data Index (HDI) Market Report, the REO saturation rate dropped from 41.5% in the first quarter of 2009 to 25.5% in January of 2010. This decline served to limit the foreclosure inventory and thereby assisted price stabilization.
As a result of these stimuli, and as demonstrated by our market-bymarket analysis of California, by the end of 2009 values in most markets began to stabilize and, in home select markets, show consistent appreciation for the first time since 2006. According to RealtyTrac CEO James Saccacio, new foreclosure filings had been declining since peaking in June. This decline was due to trial loan modifications as well as state legislation extending the foreclosure process. The U.S. Treasury Department reported that as of early December 2009, more than 700,000 homeowners had received trial modifications. In the fourth quarter, foreclosure activity fell by 7% from the previous quarter.v All these factors have served to limit the supply of foreclosed homes and to help support a stabilized market. According to Clear Capital’s HDI Market Report, the Western United States Region, including those states that previously registered the largest decline in values (Nevada, Arizona, and California), showed a 1.2% quarterly gain in the fourth quarter. The Inland Empire (Riverside-San Bernardino-Ontario) MSA showed a 4.2% quarterly increase despite having an REO saturation rate of 51.3%. This increase provides evidence that the appetite for discounted REO homes is strong, and that the presence of these REOs is not having the expected depressing effect on the market that some anticipated.
Based upon our research, it seems evident that the least-affordable housing markets are not experiencing the balance in supply and demand that a stable housing market would demonstrate. This disparity is evidenced by high housing inventory and few sales at prevalent prices. High inventory relative to sales has, in past years, indicated that a price correction is on the horizon. Top-tier housing may be generally defined as homes valued at more than $1,000,000; but as average prices for a neighborhood increase, it appears that the sales decline. The factors driving this phenomenon include home owners in these markets being more fiscally resilient and more financially able to patiently wait to sell a home at a high price while making mortgage payments in the meantime. However, demand for these homes remains tepid, as would-be buyers experience difficulty in finding financing that does not require a large down payment to qualify. For example, in Los Angeles County, FHA and conventional loans are available to the amount of $729,750, which is expected to expire at the end of 2010. So presently, a borrower pursuing a $1,000,000 home purchase would have to bring to the transaction at least $270,250 of his or her own cash. Note the two graphs below, which are Multiple Listing Service snapshots of listing and sales activity in expensive Beverly Hills and Malibu markets from February 2010. It is evident that demand for housing at the prevalent prices is very low, and typically we would expect this to foreshadow a price correction.
Published with permission from "A STATE IN TURMOIL: Why The California Residential Real Estate Market Has Just Begun To Fall" By Eli Tene, Gil Priel and Jeff Woodsworth. This text may not be redistributed or reproduced without the written consent of its authors.
Tuesday, August 17, 2010
Housing Market: 2000-2008 Review
declare bankruptcy. Arguably further removed still, international markets all over the globe also crashed.
The history and many of the causes of the biggest housing crash since the Florida Land Crash of the 1920s are becoming well-understood. The crisis originated with the Federal Government’s Community Reinvestment Act, which encouraged home ownership and a monetary policy that kept interest rates historically very low. These policies caused real estate values to begin a steady ascent that progressively picked up steam. Wall Street was making a lot of money packaging and selling mortgage-backed securities. Credit agencies determined those investments to be very safe, and the mortgage bonds received high credit ratings. The demand for such bonds seemed endless. Banks and mortgage brokers discovered that they could make very high profits originating loans. So the competition to capture market share gave birth to creative loan products such as teaser rates (where loan rates are low for a short time and adjust to market rates at a later date), option adjustable rate mortgages (which gave the borrower the option to make less than a full payment), and Alternate-A stated income loans (where loans were underwritten based on unverified statements of income and were nicknamed “liar-loans”). Prior to 2003, those Alternate A loans, which allowed for loans to be underwritten less stringently, were a small portion of the loan market. But between the years of 2003 and 2006, those loans increased by an incredible 340%.i In higher-priced markets, such as California, Option ARM loans (those in which a borrower could pay an amount below that required to pay even the interest, and could allow the difference to be added to the loan) were also very popular. Influenced by loan brokers and reassured by climbing values, appraisers became overly-optimistic with regard to valuations. The lucre from those loans wrought fraud and misrepresentation throughout the system, since those loans were sold to Wall Street and no risk exposure remained with most lenders involved in their origination. When the demand for those products subsided and the news of the crumbling housing market spread, the value of those mortgage-backed bonds crashed. Seemingly overnight, the mortgage-origination business virtually disappeared and was irrevocably changed. Many businesses related to lending went bust. The website ml-implode.com began tracking the instances of mortgage lender failures. As of this writing, the number was 374. Nearly 300 closed during the years 2007 and 2008.
From our analysis, it is evident that the California real estate market peaked in 2005 and 2006, then started showing signs of weakness in mid-to-late 2006. In the latter months of 2006, it was evident that the housing bubble had popped. Sellers began to reduce their prices. Unsold inventory began to build. Where there was smoke in 2006, there was fire in 2007. Home buyers had vanished and sellers were unable to sell their homes at once-prevalent high prices. The inventory of unsold homes began to pile up at a rapid rate as private sellers and banks with newly acquired foreclosed homes flooded the market. Absorption rates for sales of homes plummeted. Financing began to dry up as banks reduced their exposure by withdrawing from the market and tightening lending standards. Buyers who wanted to buy were unable to act, limited by the availability of favorable financing. Throughout 2007 and 2008, the housing market seemed to be in free fall. Some parts of California saw home values decline by 75%. The declines were most evident and severe in areas where the most affordable homes could be found, and where home prices were within reach of the lower tiers of income earners and investors. The declines were also plaguing areas where developers had overbuilt small communities on the edges of cities, and prescient builders began to liquidate new tract homes. But the symptoms soon spread to the upper levels of the housing market. The market crash in 2008, and the credit crisis that erupted in the fall of that year, caused the crash to affect the wealthiest individuals. Consequently, all rungs of the housing ladder, including homes in the top tier priced at over $1 million, were negatively affected. In 2005, the number of $1 million-plus homes sold was 54,773. In 2006, it was 50,010; while in 2007, it was 42,506. Then, in 2008, it dropped 42.5% to 24,436.ii So although top-tier housing was resilient to price declines during the initial housing correction, during 2008 and 2009 significant weakness developed to cause foreclosures and price corrections to be manifested within this upper-level price market.
Published with permission from "A STATE IN TURMOIL: Why The California Residential Real Estate Market Has Just Begun To Fall" By Eli Tene, Gil Priel and Jeff Woodsworth. This text may not be redistributed or reproduced without the written consent of its authors.
Monday, August 16, 2010
I Short Sale's Loan Modification Success Story in Palmdale, CA
T Family
August 6, 2010
Ms. Sona
I SHORT
RE:
Dear I Short Sale Staff:
Wow! A long journey finally comes to a successful end! We had to put our thanks and deep gratitude in writing, though words fall short of the heartfelt thanks we have for all of you at I Short Sale. We have been blessed to experience and witness, what, sadly, millions of Americans haven't. We can only pray that there are, and will be, many other "I Short Sale" like people out there who sincerely care and diligently work for troubled homeowners.
Every step of the way Sona, Aviva and probably many others who we have never spoken to, but who have nevertheless diligently worked behind the scene to successfully complete our voyage. You all have been extremely professional, honest and attentive to our anxious moments as well as our haunting deadlines. You were always reassuring, encouraging our confidence when we had none.
A very special thanks goes out to Michael Cramer. The guy could easily sell ice in
We feel like family, you cared about our problems beyond what was on the table, you extended yourselves beyond what was required. We will miss our weekly talks, (but glad we don't have to have them!). Don't be surprised if we call now and then, just to say hello, if nothing else. Again, thanks for your comfort, help, words, and deeds. You have definitely made a mark on this family and we couldn't go on living without sharing the impact you've had on us.
Very Sincerely,
The T Family
ISS to complete the 5th successful short sale for one client
Hi Brenda!
I just wanted to say a great big thank you for all of your help. We just closed our 6th short sale in the past two years!!! Five of those were completed with you and I just wish I had completed the 6th one with you too, since we didn't get cleared of the 2nd mortgage for $30,000 (
I really appreciate all your help and I can't tell you how relieved I am to finally have these all off of my shoulders. If you need any kind of testimonial letter, I would be happy to write it.
Really, please know that your help has made a huge difference in our lives!! J. D.
Tuesday, August 10, 2010
Mortgage Workouts, Now Tax-Free for Many Homeowners
Normally, debt forgiveness results in taxable income. But under the Mortgage Forgiveness Debt Relief Act of 2007, taxpayers may exclude certain debt forgiven on their principal residence up to $2 million ($1 million for a married person filing for a separate return.
for additional information visit the IRS website
IRS Publication 4705 (2-2009)
Catalog number 51765 C
Friday, August 6, 2010
For South Florida real estate market, a hopeful sign
By TOLUSE OLORUNNIPA
tolorunnipa@MiamiHerald.com
South Florida's housing sector asserted its independence from national trends in July as a key measure of the real estate market improved year-over-year, with the region's international buyers and still-drooping prices propping up the local housing market.
In July, pending home sales in Miami-Dade County stood at 10,113, up 40.5 percent from July of 2009, according to figures released Tuesday by the Miami Realtors. In Broward, pending sales stood at 7,830 in July, up 25.4 percent from a year earlier.
Pending home sales refer to the number of housing contracts that have been signed, and offer an early indicator of sales activity because typical sales have a one- to two-month lag between a sales contract and a completed deal.
South Florida sizes up well when compared to the national picture, where the pending home sales index hit a record low 75.7 in June, according to the National Association of Realtors. It was the second monthly falloff after the April 30 deadline to enter the federal homebuyer tax credit program, with June's pending sales down nearly 19 percent from the same month a year earlier.
The local market hasn't been completely immune from the post-tax-credit slump. In the past three months, pending home sales are down 3.2 percent in Miami-Dade and down 5.1 percent in Broward.
``We are encouraged by the statistics for pending home sales in the South Florida real estate market even after the expiration of the homebuyer tax credit,'' Jack H. Levine, chairman of the board of the Miami Realtors, said in a statement. ``While the number of pending sales has dropped slightly month-over-month, they are still significantly higher than they were a year ago.''
With financing still difficult to obtain, all-cash buyers and deep discounts on distressed properties are propping up sales, said Peter Zalewski, a principal at Bal-Harbour-based Condo Vultures.
About 60 percent of South Florida sales have gone to foreign buyers, who are more likely to pay with cash and were never eligible for the tax credit.
Additionally, more than half of recent sales in Miami-Dade and Broward counties involve short sales or bank-owned home sales. In the last 12 months, the number of bank-owned condos and single-family homes sold has more than doubled.
A short sale occurs when a home is sold for a price that is less than the value of the outstanding mortgage. In what has become a notoriously lengthy process, both the seller and the bank must agree to the price.
Banks have recently become more willing to allow sellers to pursue short sales, which now account for one in four South Florida sales.
There were 944 short sales in Miami-Dade and Broward in June, up from only 379 a year earlier, according to analysis by Esslinger-Wooten-Maxwell Realty.
That's a reason to be cautious while interpreting pending homes sales data in a market like South Florida's, said Doug DeWitt, Miami-based real estate broker.
Many short sale contracts are rejected by the bank after a seller agrees to sell for a price below what they owe, meaning those pending sales don't lead to closings.
Additionally, because short sales take months to process, many remain in the ``pending'' stage longer than normal, boosting pending sales numbers for multiple months.
In Miami-Dade County, more than half of the pending single-family home sales on the Multiple Listing Service are short sales, said DeWitt.
``I'd say at least half of those are not going to close,'' he said. ``I would say stick to the actual closed sales to make the true comparison, because there's a lot of different ways that these pending sales can fall through.''
The increasing number of short sales and bank-owned properties coming to market has put downward pressure on prices in South Florida, said Jack McCabe, chief executive of McCabe Research & Consulting in Deerfield Beach. In June, median prices of existing homes stood at $203,300 in Miami-Dade, down about 4 percent from the same month a year earlier. Median existing condo prices, at $128,000, were down about 9 percent in Miami-Dade.
``When you're in a neighborhood that has two foreclosures and a short sale that are priced $50,000 or $75,000 below what you thought you could get for your home, you do not set the barometer for the other [home] prices,'' McCabe said. ``They set the prices for you.''
Tejus Karia, who has been trying to sell his Davie townhouse for eight months, has cut prices multiple times.
He has slashed the price on the three-bedroom, from $185,000 to $165,000 to draw in buyers but didn't get a single offer. He recently decided to rent it instead.
Zalewski said many sellers are coming to accept the new, lower pricing levels being dictated by the market, and are acting accordingly.
According to a report by Trulia, one in five home sellers in the Miami area slashed prices last month, with an average reduction of 13 percent.
Karia said the main obstacle for most of his buyers was the lack of financing: ``Nobody could come up with the money. The banks aren't lending money, and that's going to leave a lot of these houses in limbo.''
Miami Herald
Thursday, August 5, 2010
1 in 4 homes sold 'short' in June
One out of every four homes sold in Orange County in June went for less than the seller owed on the mortgage, according to the latest figures from the Southern California Multiple Listing Service.
SoCal MLS figures show the monthly tally of “short sales” continued its 18-month climb since lenders began easing rules to help underwater homeowners avoid foreclosure.
Thanks to falling home prices, about 14% to 19% of all O.C. homeowners owe more for their homes than they’re worth. In a short sale, lenders eat the difference between the amount paid and the amount owed.
The latest figures show:
- Sellers and their lenders completed 714 short sales in June, nearly double the number completed in January 2009, when the SoCal MLS began providing numbers on so-called “distressed” home sales.
- June’s short sale total was up 78% from June 2009, when there were 493 short sales.
- Meanwhile, the number of bank-owned homes sold in June rose slightly from the previous month.
- Banks sold 377 repossessed homes in June, compared to 368 in May.
- Still, bank-owned home sales were down 51% from January 2009 and were down 45% from June 2009.
- Bank-owned homes accounted for almost 14% of all homes sold through the MLS in June.
- Overall, distressed sales of all types were down slightly from May (1,091 in June, vs. 1,094 in May).
- Total distressed sales fell 8.4% from January 2009 and 3.3% from June 2009.
- Distressed sales accounted for 42% of all homes sold through the MLS in June.
Wednesday, August 4, 2010
David's Story of the Week #2
Check out our youtube channel
Friday, July 30, 2010
Tuesday, July 27, 2010
Eli's Tip of the Week For Agents Handling a Short Sale #1
www.peakcorpnet.blogspot.com
Friday, July 23, 2010
David's Story of the Week #1
Visit iShortSale's Youtube Channel for tips and stories on avoiding foreclosure.
Thursday, July 22, 2010
Raffi's tip of the week #1
Check out our youtube channel
Wednesday, July 14, 2010
Attorney General Issues Warning about Rise of Short Sale Fraud
This warning will help ensure you don’t become a victim of short sale fraud, as more and more cases of it are being documented nationwide.
LOS ANGELES - Attorney General Edmund G. Brown Jr. today joined the California Department of Real Estate and the State Bar of California to warn homeowners about an alarming rise in short sale fraud across
"While short sales can provide homeowners with a last-ditch alternative to foreclosure, this market is rife with scam artists," Brown said. "Homeowners and buyers, agents, and lenders should beware of short sale negotiators who operate without licenses, use straw buyers or charge illegal fees."
With so many homeowners now considering short sales, an entire industry of so-called short sale negotiators has emerged. These individuals solicit homeowners by promising to expedite the process and help coax lenders into taking part in the transaction.
The Department of Real Estate is investigating more than 40 complaints of short sale fraud, up from "virtually zero" cases only three months ago, a spokesman said. .
Before working with -- or paying -- any short sale negotiator, homeowners should consider the following red flags:
No license
With limited exceptions, only licensed real estate agents or attorneys can engage in short sale negotiations with a homeowner's lender.
Up-front fees
Licensed real estate agents wishing to collect up-front fees from homeowners for short sale transactions must first submit an advance fee contract to the Department of Real Estate and receive a no-objection letter.
Surcharges
With many distressed properties listed well below market value, negotiators and agents are charging potential buyers thousands of dollars in surcharges and hidden fees just to place an offer on a home. These illegal fees are frequently not disclosed and are paid outside escrow.
Straw buyers and house flipping
In this scheme, short sale negotiators misrepresent the market value of a property to a homeowner's lender by only submitting offers on the property from an affiliated straw buyer. After the home is purchased below market value, the fraudsters immediately flip it and pocket the difference.
If you are a homeowner who has been scammed, contact Brown's office at 1-800-952-5225 or file a complaint online at: www.ag.ca.gov/consumers/general.php.
Homeowners can also learn more about avoiding mortgage and real estate fraud by visiting the Department of Real Estate website at: http://www.dre.ca.gov/cons_alerts.html. A complaint form can be accessed online at: http://www.dre.ca.gov/frm_consumer.html.
Wednesday, June 30, 2010
The Short Sale Glossary
Deed of Trust: A legal document that dictates the terms of a loan used to buy a property and transfers the ownership of the property to a third party called a trustee until the loan has been paid in full.
Default: Occurs when the borrower does not meet its legal obligations according to the loan terms.
Forbearance: Under a forbearance agreement, the lender agrees to stop the foreclosure process and determines payment terms that, at a certain time, will bring the borrower current.
Foreclosure: A process in which a lender attempts to recover the amount owed on a defaulted loan. The lender has the option of selling the property or repossessing the property. The beginning of a foreclosure process starts after a borrower defaults on mortgage payments and the lender files a Notice of Default or Lis Pendens.
Lien: A legal claim on a property by a lender or other entity (called the lien holder) against the property owner that owes the money.
Lis Pendens (LIS): A publicly recorded notice of a pending lawsuit against a property owner that may affect the ownership of a property. This process is required in a few states to begin the foreclosure process if a borrower is in default.
Modification: A transaction in which a lender agrees to modify any or some of the terms of the mortgage. This is a process where an existing note is modified, but not cancelled. Changes may include: extending the term of the loan, changing the monthly payments, changing the interest rate, etc.
Notice of Default (NOD): A publicly recorded notice stating that a property owner is behind scheduled loan payments for a loan secured by a property. This process is required in a few states to begin the foreclosure process if a borrower is in default.
REO (Real Estate Owned): A class of property owned by a lender, typically a bank, after an unsuccessful sale at a foreclosure auction.
Reinstatement: Occurs when the property owner pays off the amount in default to bring the loan payments current in order to stop the foreclosure process and return to the original terms of a loan.
Short Sale: (Also called "Short Pay" or "Pay Off") A process in which a lender agrees to receive a lower amount of an owed debt in exchange for the sale of the property to a third party.
Tuesday, June 29, 2010
5 Tips from a Short Sale Expert that Could Save a Home
"We have seen a wave of 100% financing, refinancing and cashing out beyond the real affordability level of the buyer in the last few years," said Tene, CEO of I Short Sale Inc. "Buyers are taking cash out of their properties as casually as if they were making an ATM withdrawal." Tene explains that, unfortunately for the buyer, payday comes at a time when they are least prepared for it. "Mortgages used to be up to 25% of your total income. We now see in many cases that the mortgage is 60, 70 and 80% of the buyer's total income. There is no way to survive it. Any slight change in your life or income immediately affects your ability to pay," says Tene.
I Short Sale Inc. has seen a dramatic increase in distressed property owners opting for a short sale rather than letting their home go into foreclosure. The real estate market is just now "catching on" to this wave of alternative and creative financing options; however, Tene has been facilitating short sales for over 16 years.
Most property owners who find themselves unable to pay their mortgage still have opportunities to preserve their home and protect their credit. Tene offers five tips that could save your home:
1. Talk to your lender as soon as possible. Don't wait to go further into delinquency. Time works against you. Once your payment is overdue, your opportunity to get the lender's cooperation declines.
2. Don't be afraid of your lenders. The lender is in the lending business, not the real estate business. They do not want your property. They want to work with you to ensure the loan is paid.
3. Beware of scam artists. Predatory lenders and distress opportunity scammers often target people in financial distress. They try to force you, in a time of panic, into high cost mortgages, which increase your financial problems and the risk of losing your home. Predatory lenders usually offer loans with hidden fees and rate increases. Be aware of "magicians" who pitch dream solutions that sound too good to be true. If it sounds too good to be true, the dream will likely become a nightmare. There are no magicians in this industry. Don't agree to promises that are unrealistic. Look for a real solution.
4. If your loan is insured by the department of Housing and Urban Development or the FHA, you may be eligible for a one-time payment to bring your mortgage payment current.
5. Don't try to negotiate a "short sale" on your property by yourself. When you are sick, you go to the doctor. When you go to court, you take a lawyer. For a successful short sale, seek professional advice. In most cases, you will have ONLY ONE chance at a successful negotiation with your lender.
I Short Sale, Inc. has assisted thousands of property owners and a large number of lenders in the intricate and sensitive business of short sales, modifications, forbearances, deeds in lieu and other creative financing solutions. For over 16 years, the company's principals have developed solid experience and created an extensive network of contacts with lenders, realtors and property owners. The purpose of short sales, as well as the other financing solutions I Short Sale provides, is to help property owners and lenders avoid the lengthy and costly process of foreclosure, the stressful act of eviction and the REO sale that follows.
http://ishortsale.com/
Monday, June 28, 2010
What's the single biggest headache for anyone trying to pull together a short sale right now?
Raffi Tal, chief operating officer of one of the country's largest short sale advisory firms -- IShortsale.com -- doesn't hesitate to answer: Lenders who hold junior liens -- second and third trusts or mortgages -- on properties are gumming up the works and stalling closings.
"They can be incredibly irrational," Tal told Realty Times in an interview this week, "They want unrealistic (payoff) numbers," even when they face total losses if the holder of the first lien proceeds to foreclosure.
Tal's firm works with lenders, investors, realty agents, and borrowers nationwide to put together and close short sales. Currently it's handling roughly 1,800 pending transactions -- up from 1,000 at the start of the year.
In a short sale, the primary mortgage holder agrees to accept less than the full amount owed by the borrower. A new buyer, either an investor or an owner-occupant, offers to purchase the property at a discounted price. Often the sale proceeds leave little or nothing for second or third lien holders, such as banks that extended piggyback seconds.
But because junior lien holders have the legal right to approve the short sale, or disapprove and block it, they may demand payment of some small part of what was owed to them out of the short sale proceeds.
The problem, according to Tal, is that junior lien holders increasingly are holding transactions hostage - demanding fat payoffs as the price of their approval. Traditionally they'd agree to nominal amounts out of the deal -- say $1,500 to $2,000. But now some of the largest banks are holding out for $10,000 to $30,000.
Tal cited one recent example of a major lender that had already written off a second mortgage for accounting purposes on a house that had dropped dramatically in market value.
"The bank had nothing - they zeroed it out on their books," said Tal. But when his firm approached the bank about a short sale to avoid foreclosure, "suddenly they began asking" for $10,000 to $30,000 as the price of their participation.
The deal finally closed at the eleventh hour, but only because the home sellers came up with $10,000 out of their own pockets to satisfy the bank.
Bottom line here: If you are pursuing a short sale as an investor, make sure you have a strategy to deal with junior lien holders up front.
They can run the clock on your deal -- and even kill it if you don't cut them in.http://realtytimes.com/rtpages/20080516_investorreport.htm
Friday, June 25, 2010
The Benefit of Short Sale to Homeowners
I Short Sale, Inc. acts on behalf of the property owner, negotiating with their lender to come to an agreement on a dollar amount that allows the lender to be paid and the seller to divest themselves of their home without having to face the long-term negative ramifications of foreclosure. It is a tricky proposition, to be sure, and one that requires financial knowledge, equal amounts of professionalism, expertise, and understanding.
“We are dealing with people in the most sensitive time of their lives, because their home is their most important asset, and they are faced with losing it,” said Tene. “You need to be very sensitive and knowledgeable throughout this process, and remember that this is not a situation where, if you don’t perform, someone might not be able to buy the house they want. Here, the risk is losing their house. The potential outcomes are of paramount importance. With our Fresh Start program, we offer them an opportunity to recover financially by working with the most informed, capable, and caring professionals in the business.
“We are the leaders of short sale processing company in the country,” he added, “and the key to our success is experience and customer service. Our staff of professionals brings with them hundreds of years of combined experience in this field, which is critical because doing short sales properly requires a particular kind of expertise. You have to understand the language lenders speak, the inner workings of the financials, and be able to package everything correctly. In many cases, title and foreclosure knowledge is required. It’s in a homeowner’s best interest to work with a team that can provide the kind of guidance and professionalism required of a successful short sale.”
Scott Sawyer, the company’s vice president of lender relations, was formerly at Citibank Mortgage, and jumped at the opportunity to use his skills and experience to make a positive impact on people’s lives.
“I chose I Short Sale because I spent 13 years working for large lenders, including running the loss mitigation department for Citibank Mortgage, and I had a desire to help homeowners directly,” said Sawyer. “I had noticed a lack of knowledge on the homeowners’ and agents’ side, and thought I could use my expertise to help them. This company has the borrowers’ needs in mind, and I appreciate that I am able to make a difference for a lot of people who otherwise might not have any acceptable options.”
A tremendous advantage for homeowners who choose to do a short sale is the ability to better safeguard credit. Once a homeowner falls
behind on house payments, their credit score has most likely been compromised, however a foreclosure is a black mark that remains for
up to 10 years and can affect a person's creditworthiness as negatively as a bankruptcy.
"A short sale, on the other hand, is reported as a settlement, which is far better than a foreclosure repossession," said Sawyer. "A foreclosure looks like a repossession on a credit report; a short sale does not impact credit anywhere near as drastically. Additionally, we have many cases of property owners who never stop making payments."
Thursday, June 24, 2010
I Short Sale, Inc: Education is Key
“The average agent can help someone sell their home, but isn’t necessarily qualified to negotiate with a lender on a short sale,” said Sawyer. “And because lenders don’t always portray a short sale as an option, home buyers aren’t aware of the possibility and agents aren’t informed about the advantages of working with a company that has experience and expertise to help them navigate this niche market. We are seeing more and more situations where homeowners who are in trouble with their home think that foreclosure is all they can do to get out from under. They think that once they have missed enough payments, they have no choice but to allow the bank to foreclose on their home, and so they walk away defeated. It is so important to educate homeowners about short sales. Being able to take my years of experience and help someone is a gift to them, and to me.”
Added Tal: “When it comes right down to it, the lender doesn’t want to take a property back; they want to be paid. They are not in the real estate business. We meet regularly with loss mitigation departments of the largest lenders and see how motivated they are to find a quick solution. This market is obviously tough for many people and for many reasons, but for someone looking for the path of least resistance out of their home, the short sale is the answer. If they end up in foreclosure, it has to be because their agent either wasn’t familiar with the short sale process or didn’t know they could utilize I Short Sale as their resource. Once those agents become aware of the advantages of partnering with us, they are excited to take their business in a new direction.”
By all accounts, that direction is up.
“Smart, ambitious agents are looking at what they can do to transform their business, and they should have a good, long time to excel in short sales when they work with us,” said Cavarra, whose investment banking background gives him a unique insight into the real estate and financial industries. “I think the market is going to get worse over the next 18 months to two years. We are just starting to get everything to the surface, with subprime lenders being bought out and other lending institutions taking big hits. In the last two weeks, there has been an article in the paper every day hinting at a recession. The hard truth is that anyone who wants to remain successful in this business has to know how to change with the times, or they will get passed by.”
I Short Sale’s success is certainly evidence of that. They have paved their way in a market that most professionals and homeowners are afraid of today, and created opportunities for homeowners to salvage their credit and their sanity, and real estate agents to excel.
Wednesday, June 23, 2010
I Short Sale Helps again: Struggling Chatsworth family won't lose home
By Tony Castro, Staff Writer, Daily News - Los Angeles
It was one piece of bright news in what has otherwise been a rough decade for Avinoam and Rachel Hen.
The Chatsworth couple were on the verge of losing their home to foreclosure this month - after suffering previous tragedies in recent years that included the deaths of their two children a few months apart, a vicious Rottweiler attack on Avi and the collapse of his automotive business.
But now the couple has learned that they will be able to stay in their home for the foreseeable future because their lender approved a loan modification, after initially resisting any changes.
"I feel that a great weight has been lifted from us," said Rachel Hen, who had been emotionally overcome at the prospect of losing the home that she has turned into a virtual shrine to the two children she lost in tragedies almost eight years ago.
Wells Fargo Home Mortgage canceled last week's scheduled foreclosure sale of the Hens' home and is in the process of finalizing the loan modification documents, said Raffi Tal, the real estate solutions specialist who has been assisting the Hens.
"Wells Fargo showed that it was human," Tal said.
The decision to halt the foreclosure process was actually made by an unidentified private lender that was responsible for the loan and had imposed almost impossible-to-meet guidelines, officials said. Wells Fargo was administering the loan on behalf of the lender, a common industry practice.
"The loan terms have been modified, and the Hens will be able to remain in their home," said Wells Fargo spokesman Kevin Waetke in an e-mail.
The possible loss of their home culminated a series of tragedies the Hen family has experienced in the last eight years.
In 2002, their 25-year-old daughter, Victoria, was fatally shot in a terrorist attack at the El Al ticket counter at Los Angeles International Airport. Their son, Nimrod, 18, died a few months later of injuries suffered in a car accident.
While still mourning his children's deaths, Avinoam was viciously attacked by a stray Rottweiler. He broke both hands, required 120 stitches and was on disability for nearly a year.
Later the family's automotive business went under, and the Hens refinanced their four-bedroom house to cover mounting expenses. When their new adjustable rate mortgage reset and their mortgage payments soared by 50 percent, the Hens found themselves unable to keep up. At that point, the loan was for an amount more than $100,000 greater than the depressed value of their house.
Bankruptcy soon followed, and over the past year Wells Fargo denied a series of requests for a loan modification.
What made Wells Fargo and the private investor change their minds?
According to the Hens and Tal, the turning point was a March 17 Daily News account detailing the Hen family's tale of personal woe and tragedy that brought pressure.
Tal said the Hen case underscored the national home foreclosure crisis in the country, coming three years after the housing bubble burst.
Roughly 3.4 million homes went into foreclosure last year, up from 1.2 million homes in 2007. More than roughly 8 million homeowners are at risk of losing their homes in the next two years, according to John Taylor, president of the National Community Reinvestment Coalition.
As of Friday, the Hens were still awaiting the documents with the details of the loan modification. But they anticipate the new mortgage will be closer to the $2,000-a-month payments they had sought instead of the more than $3,000-per-month imposed by their adjustable rate under the old agreement.
"I am jumping up and down with joy," Avinoam Hen said upon hearing the news.?
Tuesday, June 22, 2010
Facing foreclosures? A short sale may be a better option
Click here to listen or download (short sales.mp3, 14.89 MB)
• Why more distressed homeowners are taking the short route
• ‘Reduction of principal used to be taboo’
Millions of Americans, especially in California and a few other states, are living underwater – in homes whose market value is less than their mortgages.
For those unable to make the payments, foreclosure is often the result, since government “help” programs have often been seen as too little, too late and applicable to too few.
But Southern California real estate investor Eli Tene says there is a better way for many: the short sale.
“Reduction of principal used to be taboo. Finally, they are getting to it,” says Mr. Tene, managing president of IShort Sale Inc., which describes itself as one of the largest short sale firms in the U.S.
“They are still putting some limitations. It only works for people who didn’t missed payments,” says Mr. Tene, who notes that as many as 10-12 million homeowners face a serious risk of foreclosure over the next three years.
But he says lenders are waking up to the fact that getting something in a short sale is better than getting stuck with owning the homes they have foreclosed on.
(Eli Tene talks about when the short sale may be the right sale in today’s CVBT Audio Interview via Skype. Please left-click on the link below to listen now or right-click to download the Mp3 audio file for later listening.)
Mr. Tene has some advice for those faced with mortgage problems.
• Communicate with your lender from the moment you are having difficulties making the mortgage payments. Many times, continuous communication with the lender prolongs the time frame from the beginning of the default to the initiation of the foreclosure proceedings.
• When communicating with lenders and when being asked over the phone to provide financial information, never furnish such data without organizing it on a piece of paper and studying it. People tend to provide wrong or un-audited financial information over the phone, which is being recorded by the lender. Changing these figures later might be difficult.
• Substantiate an income. The most important key factor of obtaining a modification is to substantiate an income. A lender will not grant a workout to anyone who is not able to show hard proof of income. Make sure your records are straight, especially if you are self-employed. Go thoroughly over your income and expenses. Cut all unnecessary expenses and trim existing ones. Lenders like to see the borrowers living on a tight budget before they are being asked to cut their mortgage charges. Make minimum payments to credit cards. ?
• Know the programs available on your loan. Obtaining a loan modification is somehow considered as a "mini loan." As such, you have to know the programs available on your loan, know the exact numbers and ratios the lender is looking for (in most cases the lender will not provide it to you), and understand the lender's language. If you don't feel secure communicating with the lender and obtaining the modification, consult a professional.
Monday, June 21, 2010
Loan Modifications
A Loan Modification is when a lender agrees to modify any or some of the terms of the mortgage, making it more affordable for you.
These changes may include:
1) Reducing or modifying the interest rate
2) Extending the term of the loan
2) Changing the monthly payments
4) Combining any of the above
A Loan Modification will give you a fresh start, bringing your mortgage up to date after capitalizing any delinquent interest, escrow, fees, and other costs based on investor guidelines.
Acting quickly should be your number one priority, as I Short Sale, Inc will need to develop a plan, document your current financial situation, and contact your lender to begin negotiations on your behalf in order to stop foreclosure and save your home.
Other solutions to avoid foreclosure and KEEP YOU IN YOUR HOME include:
Reinstatement: Occurs when the property owner pays off the amount in default to bring the loan payments current in order to stop the foreclosure process and return to the original terms of a loan. After identifying that a reinstatement is the best and most feasible foreclosure alternative, I Short Sale will work with you to determine how best to produce the funds.
Repayment Plan: This foreclosure option lets you repay part of your delinquency each month, in addition to your regular monthly payment. A repayment plan is the perfect option for someone that experienced momentary financial hardship, but is now back on their feet. I Short Sale will negotiate with your lender to spread the past-due amount over a specified period of time.
Forbearance: In order to stay in your home, a lender will agree to delay or reduce payments for a short period of time, with the understanding that another option will be used to bring your balance current. I Short Sale will negotiate to get you the time you need to determine the best solution for you and, in many cases, will succeed in combining a Forbearance Agreement with a Reinstatement or Repayment Plan.
Default situations are time sensitive, avoiding the situation is simply unwise.
Contact Us Now for a Non-Obligation Consultation Toll Free: 1.877.907.4678
http://ishortsale.com/
Friday, June 18, 2010
Short Sale Myths De-Bunked
05.01.2010 – With short sales making up almost 35% of home sales in March and the country in a national foreclosure crisis, I Short Sale, Inc., one of the largest short sale firms in the U.S. sets the record straight on common short sale myths.
Short Sale Myths
1. You must be default on your mortgage to negotiate a short sale.
Short sales are not a function of default status on a mortgage. They are the result of the bank mitigating a potential default situation that, in the long run, will cost more money to the investors. We have completed many short sales in instances when the borrower was not in a default situation.
2. Listing my home as a short sale is embarrassing.
Anytime we get ourselves into a tough financial situation it can cause some embarrassing feelings. It is important to remember that those feelings will not help us get back onto stable financial ground. We need to overcome our feelings and do what is right to protect our financial futures.
3. Buyers aren't interested in short sale properties.
Short Sale properties are often times available at a competitive price to other properties on the market. In many cases, short sale properties are very well cared for and have not had to endure the deferred maintenance of a REO property. Short Sale properties are in great demand in the marketplace.
4. There's not enough time to negotiate a short sale before foreclosure.
A good negotiator takes into account the timeline affiliated with a foreclosure. There is always a chance that a short sale can be negotiated. However, the only way to know for sure is to try.
5. The bank would rather foreclose than complete a short sale.
Banks do not want to foreclose on property. It is expensive and carries a high level of liability once the bank owns that property as an REO. Wherever possible, banks are seeking other loss mitigation options before foreclosure.
6. Short sales are impossible and never get approved.
Short sales are complicated, but not impossible. We negotiate short sale approvals every day, with a very high success rate.
About I Short Sale, Inc.
I Short Sale, Inc. is a leading nationwide short sale and loss mitigation advisory firm that has assisted thousands of property owners and lenders in the intricate business of short sales, loan modifications, forbearances, deeds in lieu and other loss mitigation solutions. Since 1991, I Short Sale's principals have helped property owners and lenders avoid the lengthy and costly process of foreclosure and the stressful act of eviction. With over 18 years of experience, I Short Sale principals have developed a far-reaching network of contacts consisting of property owners, mortgage companies, banks and realtors. The firm's success is based on integrity and delivering on their client needs. Compliance with all State and Federal laws is our mandate. Learn more at http://ishortsale.com.