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The three big options for homeowners are short sales, loan modifications and refinance. What have you seen that actually worked?

Options: Refinance, Loan Modification, Short sale.

Refinance

Basics: Refinancing is when you are paying off your old loan with a new loan with lower interest rates.

• The goods: This option is suitable for those who plan on staying in their home for awhile and/or those who are in an adjustable mortgage rate situation and want to solidify a fixed interest rate.

• The bads: You will be paying closing costs when you refinance and in order to refinance, you must have equity in your home.

Loan Modification

Basics: A Loan modification is typically when you modify the current loan to make payments more affordable via lower interest rates and/or extending the duration of the loan (30yr to 35yr).

• The goods: Loan mods can be a means to prevent foreclosure when you are delinquent on payments. Lowering payments could result in a more affordable living situation.

• The bads: Back in 2010, the Today Show reported loan mods helped only 5% of applicants. Yes, it does lower payments and prevent foreclosure but it does not lower the 5 hidden costs of homeownership. The home may still be above your affordability level. In the long run, a loan mod would prolong the problem and not fix it as you are simply extending the term of the loan thus paying more payments/interest and not building equity.

Short Sale

Basics: A Short sale is when you sell your property for less than what is owed and negotiate the difference with your lender.

• The goods: A short sale allows the homeowner to walk away from their home and in most cases, be forgiven of the remaining balance owed to the lender(s). Normally there are taxes involved with the forgiven balance. However, until the end of 2013, the Mortgage Forgiveness Debt Relief act grants immunity on primary residences.

• The bads: A short sale will put a ding on your credit score and it will take about 90-120 months to complete one.

These are just the basics but would love to know what your experience is on each of these options.

Thanks

www.seattleshortsaleblog.com

UPLAND SHORT SALE AGENTS HELP AVOID FORECLOSURE

Don't make the biggest mistake ever... Do not let the bank foreclose on your Upland home!

Loan modification is a temporary fix and can still leave you with negative equity.

FIND CA REAL ESTATE AGENTS

A BETTER SOLUTION IS TO SHORT SALE YOUR UPLAND HOUSE

• A short sale can let your deficiency be forgiven
• In most cases a short sale can leave you with no tax liability
• Our short sale real estate services are at no cost to you
• And we can help you get out of your bad situation

Don't be fooled! The bank will come after you and foreclose your Upland house. They may even be able to get a judgment against you AFTER the foreclosure for the negative deficiency, which could be tens of thousands of dollars! But what is the difference between a foreclosure and a short sale? Here are your options of foreclosure vs. short sale:

CREDIT SCORE:

• A foreclosure will slash your credit score as much as 250 points or more, and can affect your credit for a minimum of 5 years or more!!!
• But a short sale only affects your credit score with the late or missed mortgage payments. The credit bureaus will report PAID or NEGOTIATED if you short sale.Your credit score will not be lowered as much with a short sale.

CREDIT HISTORY:

• A foreclosure will remain as public recorded on your credit report for 10 years or more.
• A short sale is not reported on a person's credit history. There is no specific SHORT SALE term and is most cases is reported as PAID, SETTLED or NEGOTIATED.

FUTURE MORTGAGE LOANS:

• If your credit report contains a foreclosure, most home mortgage lending institutions will consider you ineligible to purchase for 5 years or more.
• If you successfully negotiate a short sale of your Upland property you may be eligible for a mortgage loan and purchase a new home in as little as 2 years.

DEFICIENCY JUDGMENTS:

• Banks have the right to pursue a deficiency balance if your foreclosed loan was not a purchase money loan (If you received any money for anything other than the purchase of your house, also called a hard money loan).
• In a successful short sale it may be possible to negotiate with the bank to release you of any deficiency balance and avoid any future judgments against you.

Need more information?

CALL US NOW TO LIST AND SELL YOUR HOUSE IN UPLAND:

1 (888) 9 LIST-IT

or (951) 490-3683

or click here: Listing Agents in Upland CA

By now you are probably telling yourself, having an investment property is not as easy as you thought. To make matters worse, your property is now underwater and it shifted from an Asset to a Liability. It is a liability because you may be dealing with negative cash flow, accruing repair costs, vacancy, and most importantly, it is underwater meaning you owe more on the home than it is worth. Let’s explore some options.

No Credit Ding Options

• Option #1 – Ride It Out

If you have sufficient income to support your investment property, you can ride the market out in hopes of selling it at a higher price point.

• Option #2 – Improve The Property

You can improve the property by getting a fresh coat of paint or getting landscaping work done. However, this is very risky and rarely works in these types of situations.

• Option #3 – Lease Option Sale

This is an option where you can negotiate a lease option with your tenant/buyer. This way, the tenant can improve their credit, increase their savings, and eventually purchase the property.

• Option #4 – Pay The Difference

You can sell the property and pay the difference in the amount owed and the amount you can sell it for. Some ways you can pay this difference are, out of pocket or if you have other investment properties, you can borrow the difference amount against your other rental property.

Credit Ding Options

• Option #5 – Foreclosure

If your bank does not accept your hardship letter and short sale request, you can default on your payments and allow the bank to repossess your home. This last resort option will hurt your bank(s) and yourself. This option can leave you vulnerable to a deficiency judgment(s) depending on whether your state is a recourse or non-recourse state. For more information, read my previous article here.

In this situation, your credit score will receive an 85-160 (varies upon situation) point reduction and you will have a foreclosure stamped on your credit report. With a foreclosure, you will not be able to obtain another mortgage for at least a few years or typically, a 7 year period.

• Option #6 – Short Sale

This has been the most popular option for investors. If you can show legitimate hardship or foreseeable hardship, your bank may allow you to short sale where you can sell your property for less than what is owed, avoid foreclosure and walk away from the property with little to no remaining debt. The key is to find a pro negotiator in your area who is well connected with banks and can negotiate the deficient amount despite having other assets.

This is preferable by banks and the short sale is translated on your credit report as “paid for less than original amount.” You will be able to obtain another mortgage in some cases immediately or on average, 24 months.

Tax implications

One of the most important factors when walking away from your investment property whether it is via short sale or foreclosure, are the subsequent tax implications. The IRS deems the forgiven amount (deficiency) as “taxable income” unless it is your primary residence in which you would be able to exclude the income through the mortgage forgiveness debt relief act.

If however you are able to show insolvency where your total liabilities exceed your total assets or if the debt was discharged in a Title 11 bankruptcy, you can exclude the forgiven amount regardless of it being a second home.

Short selling your rental property with little liability is difficult to do if you do not have an experienced agent who is well connected with banks. Our agents have been VERY successful in getting our investors out of their bad investment situations. If you are in Washington State, connect with our experts today to discuss your best option for your situation.

Hope this helps

Peter

Tomorrow is the election day of our presidential candidates and homeowners all across the nation are waiting in anticipation for their respective candidate to rescue us from our current economic crisis. The crash of the housing market due to the Subprime Mortgage Crisis was one of the most prominent factors leading to the economic downfall we are facing today.

Whoever becomes president for the next four year term will need to focus much of his efforts in stabilizing the housing market as catalyzing the housing recovery will be in lockstep with our economic recovery. How does Governor Romney and President Obama plan on helping struggling homeowners? Let’s pick their brains a bit on this sensitive subject.

President Barack Obama

What He Did

First, what did Obama do during his 1^st term tenure? Obama’s housing recovery efforts were executed via the Making Home Affordable Program (MHA). The MHA has various programs available and is well known for their HARP – refinancing program, HAFA – Short sale & Deed-in-lieu program, and HAMP – A Loan Modification program. Although results did not meet our expectations, several updates to these programs were implemented throughout the years and these programs did help millions of borrowers at risk of foreclosure.

One well known action he enforced was the $25 billion dollar settlement with 5 of the nation’s largest banks for the robo-signing foreclosure abuses, helping millions of borrowers by reducing their mortgage payments.

Obama’s Plans

Obama’s plan for the housing recovery consists of multiple plans of action including Broad Based Refinancing which helps borrowers who are current on their payments refinance their homes. The plan aims to streamline their refinance program by way of different requirements such as no longer having to submit a new appraisal or tax return when applying for the refinance program. For borrowers in pre-foreclosure, he aims to press mortgage lenders to increase the forbearance period from 4 months (under FHA) and 3 months (under HAMP) to 12 months for homeowners who lost their jobs.

He also plans on expanding the HAMP eligibility, tripling incentives to encourage the reduction of principle for underwater borrowers, and encouraging the GSE’s (Government sponsored enterprises) regulator, the Federal Housing Finance Agency (FHFA), by promising incentives to Freddie and Fannie if servicers forgive principle in addition to the HAMP modification.

According to Obama’s 2013 FY Budget plan, he also plans on putting $5 Billion to the Department of Housing and Urban Development (HUD). HUD’s goals are to keep struggling borrowers in their homes, create jobs in hard hit communities and revitalize areas ravaged by foreclosure.

Governor Mitt Romney

Romney’s Plan

Here are the 5 points directly from Mitt Romney’s website:

• Responsibly sell the 200,000 vacant foreclosed homes owned by the government
• Facilitate foreclosure alternatives for those who cannot afford to pay their mortgage
• Replace complex rules with smart regulation to hold banks accountable, restore a functioning marketplace and restart lending to creditworthy borrowers
• Protect taxpayers from additional risk in the future by reforming Fannie Mae and Freddie Mac

Although both made promises to reform Fannie Mae and Freddie Mac, here is an excerpt from the white paper, Securing the American Dream and the Future of Housing Policy discussing GSE’s reformation.

“End “Too-Big-To-Fail” And Reform Fannie Mae And Freddie Mac. The Romney-Ryan plan will completely end “too-big-to-fail” by reforming the GSEs. The four years since taxpayers took over Fannie Mae and Freddie Mac, spending $140 billion in the process, is too long to wait for reform. Rather than just talk about reform, a Romney-Ryan Administration will protect taxpayers from additional risk in the future by reforming Fannie Mae and Freddie Mac and provide a long-term, sustainable solution for the future of housing finance reform in our country.”

One notable option for struggling homeowners from Romney is the Shared Appreciation Modification in which the lender agrees to write down the principal of a mortgage and then get a percentage of the price increase when the home is sold. This way, both parties win. No foreclosure, the borrower gets reduced mortgage payments, and the lender benefits from the appreciation of the home.

What Very Important Factor That Has Been Omitted In Both Plans?

The extension of the Mortgage Forgiveness Debt Relief Act of 2007. This act relieves homeowners from receiving a huge tax liability due to the forgiven debt (considered income) when doing a refi, short sale, modification, or even foreclosure. This extension was mentioned in the FY 2013 Budget plan by Obama but we are awfully close to the end of the year and any mention of this is sparse.

What are your thoughts on this topic? Which candidate do you think will actually help struggling homeowners get out of their slump? Please comment on our website: www.seattleshortsaleblog.com All comments are welcome!

Peter

Do you have a client walking the fine line between foreclosure and a short sale? They may have several questions regarding their predicament that you might not know the best way to answer. The good news is that’s what we are here for! We have compiled a few key points that should be made to a wavering client regarding their decision to short sale or not.

First, let’s start with the definition of a short sale:

In simple terms, a short sale is a graceful exit from an underwater mortgage. The lender will agree to sell the home for less than what is owed on the mortgage.

Secondly, what are the perceived advantages of a short sale?

1. Credit - If a homeowner decides to short sale instead of foreclose, they can become a homeowner again far quicker.  In fact, updated Fannie Mae guidelines assist homeowners in qualifying for loans just 2 years after their short sale. If a foreclosure is on record, it could take as long as 7 years to purchase again.
2. Short sellers could obtain additional time in the property - During a short sale, the homeowner could have more time to plan for what’s to come. Since the average short sale takes between 60-90 days, there isn’t a rush to immediately find a new residence. With a foreclosure, you could have as little as 30 days.
3. Short Sale Cash at closing / Relocation Assistance – There are many updated government short sale programs available and designed to assist the homeowner in need. Bank of America has recently begun to offer pre-approved homeowners up to $30,000 in assistance. We’ve also had Chase and CITI offer homeowners $12,000 - $30,000 as a cash incentive to the homeowner short selling their property. There is also the HAFA (Home Affordable Foreclosure Alternatives) program that is there to assist qualified homeowners with a relocation assistance of up to $3,000.
4. Mortgage Debt Forgiveness Act– There is the Debt Forgiveness Act of 2007 which may forgive the homeowners of paying the taxes associated with the cancelled debt of selling the property short. This is a question for a Certified Public Accountant.  Click here to see the Mortgage Debt Relief Act of 2007 as described by the Internal Revenue Service (IRS)

Lastly, what could be the perceived disadvantages of a short sale?

1. Credit - If a homeowner decides to take the route of a short sale, their credit score may be impacted due to the late mortgage payments and/or the reporting of the account being paid in less than full. However, it typically won’t be impacted nearly as much as a foreclosure.
2. Mortgage Debt Tax Liability – The seller may be responsible for additional taxes if they choose to short sell. If the lender agrees to the short sale, there may be a liability to pay taxes on the debt forgiven. It is important to speak with a tax attorney or professional regarding this matter.
3. Deficiency Judgments - In some states, the lender may be able to come after the homeowner for the deficiency amount.  In the state of California, for instance, there are Senate Bills that protect California homeowners who decide to short sale their property.  (Senate Bill 931 and Senate Bill 458). Again, it is important to speak with a tax attorney or professional regarding this matter.

At Short Sale Experts INC, we can answer these questions (minus the specific legal or tax questions) plus many more! We are here to help – our name says it all!

888-SHORT-20

Differences Between FHA and Conventional Mortgages

Across the land the vast majority of home buyers use either a FHA or a conventional mortgage to purchase a property. While these loans are similar in a few ways, there are some pronounced differences. Each one has benefits that cater to a particular group of buyers. Understanding how they are different and which one is best suited to different circumstances will help buyers feel more informed about their financial situation.

FHA Loan

FHA stands for Federal Housing Authority. This agency does not make the loan itself. Instead, they insure FHA loans that are offered by approved mortgage lenders. The lender is protected in the event the borrower does not repay the loan.

FHA is committed to providing basic, conservative loans. A large number of their deals are fixed rate loans even though FHA does allow for adjustable rate mortgages.

Conventional loan

A loan that is not insured by FHA is most likely a conventional mortgage. Mortgage brokers, banks, and credit unions offer a wide variety of conventional loans. Conventional loans have more unique offerings such as interest only type of deal or a combination of a first and second mortgage used for a purchase.

Down Payments

One of the major differences among the two types of loans is the requirement for a down payment. FHA will allow buyers to pay 3.5% of the home's price as a down payment. The money used for the down payment may come from cash on hand, savings, retirement accounts or even a gift from a relative.

For conventional loans, the normal down payment is 20% of the home's value. However, there are quite a few loans that will allow a 10% or 5% down payment. The money used for the down payment must come from the borrowers own funds such as savings, investments or retirement accounts.

Private Mortgage Insurance

Both the FHA loan and conventional loan requires private mortgage insurance (PMI) if the buyer makes a down payment that is less than 20% of the purchase price. This insurance is designed to protect the lender if the loan is not repaid in full.

With a conventional loan, the PMI will be in place until the loan balance is paid down to 80% of the home's value. Typically, the PMI amounts for a conventional loan are higher than a FHA loan.

For an FHA loan, there is a fee charged at the time of the loan closing as well as a monthly amount paid with the loan payments. The monthly amount is enforced until the loan amount reaches 78% of the home's value.

Credit Score Requirements

Conventional loans have usually been reserved for customers with the highest credit scores. Due to the problems faced by the mortgage industry over the past several years, this fact is even more true today. Conventional loans rely heavily on standard credit reports offered by the major credit bureaus. Most conventional mortgages are approved by a computer system and reviewed by underwriters.

On the other hand, FHA loans will allow a slightly lower credit score. In addition, FHA will allow underwriters to go beyond the computer system and make approvals based on a borrower's complete file. Items like residence history, rental history and stable job history can persuade some FHA lenders to approve a loan for people who have scores that are slightly less than perfect.

5 Reasons Why A Loan Modification May Not Be the Answer for You

When considering whether you should pursue a short sale or a loan modification, homeowners should consider and discuss the following issues with their legal counsel and tax advisor.  

•1)      Not every loan modification solves an equity problem.  If your house is worth half of what you paid for it, a loan modification may not solve your problem, unless it includes principal reduction as a part of it.  Bank of America rolled out a principal reduction program in June of 2010, and recently, Wells Fargo Bank announced that principal reduction will be a part of its "pick a payment" settlement with the California Attorney General's office.   (This list, of course, is not exhaustive)  Also encouragingly, the HAMP program has rolled out the Principal Reduction Alternative.  However, if your bank will not offer principal reduction as a part of its loan modification options, or you do not qualify for principal reduction, (and you have an equity problem), a loan modification may not solve your real problem. 

•2)      You haven't made a payment in a REALLY long time.  Ever wonder how your bank will handle the fact that you haven't made a payment in such a long time?  Unless they offer the aforementioned principal reduction or payment forgiveness, they will more than likely take the amount of your back payments (along with the penalties for late payments) and stack it right on top of your loan balance, creating an equity problem, or making an existing equity problem worse.  If you haven't made a payment in a year or more, this amount can easily amount to tens of thousands of dollars.  You and/or your legal advisor should inquire with your bank about how they will deal with the fact that you are not making payments.

•3)      Your market is still declining.   Here is where consultation with a real estate professional or appraiser can help.  Is your market still declining?  Even if your bank offers you a principal reduction with your loan modification based on what the home is worth today, if the market is still rapidly declining you could still end up in a negative equity position again soon.  So then even if your payments are now affordable, you may still face the inability to sell in a few years if your equity position is in the negative. 

•4)      You've already been served with a Notice of Default.  The foreclosure process should be halted during consideration of a HAMP loan modification.  And, if a HAMP loan modification is denied, the servicer should then consider the homeowner for any of their other loan modification options available and/or a short sale (if the homeowner requests it).  However, homeowners should be aware that the filing of a Notice of Default in California is definitely a reservation of the lender's right to foreclose.  You should be mindful of any deadline in place regardless of your loan modification application.  If all your other options have run their course and you are relying on 30 day extensions of an auction date, you could easily run into problems.  Will you be able to switch the file into the short sale department if the loan modification is denied 7 days before auction?  That could be tremendously difficult, as some banks (as a practical matter) take weeks to even acknowledge receipt of correspondence.  Further, if you must submit a complete short sale package (including an offer) in order to be considered, you could then be in the position of obtaining an offer (that your bank will accept) in a very short time period.   I have seen a number of homes fall in to foreclosure for this reason.

•5)      You really want a clean slate.  If what you truly desire is a clean slate, a loan modification may not solve your problem.  A successful short sale can help you to avoid foreclosure or even in some cases bankruptcy.    If you short sell your property, you may be able to get a new loan in 2 - 3 years under current FHA and Fannie Mae guidelines.  Also, under the Federal Mortgage Forgiveness Debt Relief Act of 2007, sellers have a limited window of opportunity (until the end of 2012) for potential tax forgiveness on the short sale of their principal residence.  Also, California state tax relief is limited as well until January 1, 2013.   These favorable tax laws could be extended, but they also could not be extended.  If what you truly desire is a clean slate, a loan modification may not be the answer for you; you could need a short sale to truly wipe the slate clean and move forward with your life.

Unfortunately, loan modifications have not turned out to be a long term answer for some people.  It does not take a rocket scientist to figure out what is needed to keep most people in their homes; however, time and time again, the banks refuse and it does not happen.  Homeowners and their legal and tax advisors should make an honest assessment at the outset and also during the application process as to whether a loan modification will truly be the answer for the homeowner's financial difficulty.  I am a Certified Distressed Property Expert and a Certified HAFA Specialist and I can provide you with a short sale consultation that will include an analysis of current market conditions.

Tni LeBlanc, Mint Properties
Broker/Attorney, Short Sale Agent
CA DRE License # 01871795
(805) 878-9879

Serving  Santa Maria, Orcutt, Nipomo, Los Alamos, Santa Ynez, Los Olivos, Solvang, Buellton, Lompoc, Arroyo Grande, Grover Beach, Pismo Beach, and Avila Beach.

*Nothing in this article is intended to solicit listings currently under contract with another broker. Those considering a short sale are advised to consult with their own attorney for legal advice, and their tax professional for tax advice prior to entering into a short sale listing agreement - this article does not offer legal and tax advice.

Copyright © Tni LeBlanc 2010 *5 Reasons Why A Loan Modification May Not Be the Answer for You*

Short Sale , Deed in Lieu, Loan Modification, Foreclosure, HAMP, HAFA in California and what they mean to you.

Under the HAFA program you have the option of doing a Short Sale or Deed in Lieu. According to current FHA guidelines you can buy another home 2 years after the short sale. The lenders are required to give you at least 120 days to market the home and obtain an offer. The lender does not have to give you more time and you are required to follow the guidelines set forth by the lenders. Many lenders are closing short sales sooner than 120 days so be prepared to move. The only thing I have seen that has been extending the short sale timelines is Mortgage Insurance.

A Deed in Lieu is when you sign the deed over to the lender and walk away from the house. The lender has to give you permission to do so and it has to be a clean marketable title. That means no other liens on the property, second mortgage, mechanics lien, taxes are paid, etc.

Visit my website: www.edsellsre.com