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No one ever saw it coming!

The Sellers were moot until Escrow/Title discovered a NEW LIEN!!!

"Picture it" Sophia Petrillo, a Golden Girl would say,

except instead of Sicily 1922 - it was San Francisco 2012

- There was pepperoni all over the place! -

https://www.youtube.com/watch?v=9lH9_rbDQF0

You wouldn't have believed it! 

The preliminary title report showed three liens and we jumped over all three hurdles - only to trip a few paces before finishing and closing our latest San Francisco North Panhandle Multi-Unit Short Sale listing this year... (Ask and we'll give you the address - multiple offers no less!)

Like a mine under water, this lien NEVER appeared on the preliminary title or the subsequent preliminary title report issued for the buyer - but lo and behold - the SELLERS went into the title/escrow company to sign final documents and after running their Social Security Number it came up!!! I am always polite to my escrow officers, but even this one taxed little old me! 

It was scramble time as the lien for $4,200 came up, the attorney whose name it was filed under was difficult to find and the entire bill had to either be negotiated or paid before closing in 3 days. Thank goodness we had cooperative sellers who could find some cash! - Guido - I don't know where it came from, on with the story!

Another 11th hour and 55th minute story which gave yours truly a few more grey hairs.

In the end, we received a wonderful commendation from our SELLERS For our professionalism and attentiveness to detail... All I can say is; Thank goodness it's DONE!

Lately it's been raining cats and pepperoni in San Francisco these days, but then it's not Sicily, 1922.

Michael Ackerman and Oliver Burgelman - Zephyr Real Estate

www.PriceSquares.com  www.BuildingTrust4Life.com

415-307-5850 -  415-244-5846

Oliver and Mike are your home grown San Francisco Short Sale 'Busters' -

We can get it DONE!  With or without the pepperoni - We deliver - Just call

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This Week's Featured Discussions

Tax Foreclosure In The Middle Of Short Sale?

My sellers have been accepted into BofA Co-op sale. They had no tax escrow account and had always paid their taxes separately at the end of…

Started by Julissa Jumper in Short Sale DiscussionsLatest Reply

Can I notarize client affidavits?

With more and more notarized documents needed, I'm wondering, will banks balk if I get a notary license and notarize the signatures (while…

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Need help with Arms Length definition FHA PFS

Hi Everyone, I have had my sister-in-laws home listed for4 months. We originally thought the sale would be a regular sale and sell for som…

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Short Sale Notification

Hi Everyone: We are having a difference of opinion. When there are two lenders involved and the sale of the house will bring enough money…

Started by C. Lew in Short Sale DiscussionsLatest Reply

Fannie Mae Requires Shorter Short Sale Timelines

April 25, 2012 Fannie Mae Sets New Short Sale Timelines New Guidelines Will Expedite Process, Improve Foreclosure Prevention Options Andrew…

Started by Jim Schneider in Short Sale DiscussionsLatest Reply

FHA ATP Question

So for those of you who know the PFS program very well I have a question you know on the ATP how it states language like this Acc…

Started by Travis Davies in Short Sale DiscussionsLatest Reply

Need a real decision maker at Bank of America for urgent short sale

I am the selling agent on a B of A short sale where the property itself is truly distressed. There are three sump pumps in the basement. …

Started by Ellen Levy in Short Sale DiscussionsLatest Reply

We Are Being Asked to Get A Full Appraisal and Re-Submit?

Hi Everyone, Has anyone run across the latest trick by Wells Fargo AND Bank of America that we supply a full appraisal and re-submit the fi…

Started by Rhonda Duffy in Short Sale DiscussionsLatest Reply

Two Counter Offers from Bank of America

On April 4th Bank of America countered our offer on a short sale, they didn't change the purchase price just some of the closing numbers. …

Started by Rick Maron in Short Sale DiscussionsLatest Reply

Any way to "defeat" the Mortgage Insurance Company?

We've been working a Bank of America short sale for nearly a year now. Offers continue to be rejected when we get down close to approval. C…

Started by Gordon K in Short Sale DiscussionsLatest Reply

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Short Sale Superstars is owned and operated by REGrow, LLC

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DISCLAIMER

REGrow, LLC does not necessarily endorse the real estate agents, loan officers, attorneys, real estate brokers and other participants listed on this site. These real estate profiles, blogs, blog entries and forums are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a short sale. REGrow, LLC takes no responsibility for the content on these pages that are written by the members of this community

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Citi Financial

I took a listing with Citi Financial last November 2011. Thinking Citi one loan no problem. I though Seterus was bad but Citi Financial is taking the cake on this one.

John Florez who is the Center Manager for Citi Financial in Phoenix has been harassing the homeowners to the point where they called me to see what options they had due to them having to relocate out of state for a job. I advised them about doing a Short Sale and after talking with their attorney and accountant they decided to do a short sale.

We put the house on the market and received an offer less than 10 days. I sent in all the paper work and called Citi to make sure they had everything they needed. Jennifer who works in the offer advised they had everything and that John Florez would call if anything additional was needed.

John called the next day and told me that he had a problem with the HUD. He said they will only approve 5%. I told John I would get the HUD revised. He also starting asking me about getting the homeowner to make 60% reduced payments for 5 months, and then after all 5 of these payments were made he would at that time approve the short sale."WHAT!" I had to repeat what he just said back to him to make sure I heard that right.

He said that after they make payments for 5 months at 60% reduction he would approve the file. I told him out of all the short sales I have done I have never heard of something like this.Why would you make the buyers wait 5 months before approving the short sale. John said this is how it's going to be if you want to make a commission.

Yes at this point was I ever so frustrated. I talked with my broker to see what he could do, but it seemed as if John does not answer to anyone, no boss.. I called John back and advised him I would see what I could do but could he order the BPO to make sure the offer is what they needed to net.

A couple days later John did order the BPO and then called me back saying the BPO is in line with what they need to net now he just needs to get payment from the homeowners, he asked if I could make them call him and give him payment. I told him I would give them the information.

I talked with the homeowner and advised them that I have never dealt with someone like this, someone so arrogant. The homeowners laughed and said now you know what we were dealing with and why we called you. I advised them to get the advise of an attorny and also advised them to make a complaint to the State Attorney General along with State Banking Commission.

The homeowner did make a complaint and were advised it would take up to six weeks to get an answer back. Because the homeowner refused to make payments with John Florez he called and left a VM for me saying the Short Sale is denied. I called John back and said that's fine can you issue a denial letter so I can cancel the contract with the buyers. He said he already sent it and did not have a copy in his file to send me and to ask the homeowners.

The homeowners never got the letter and John didn't have a copy in his file. John said the file has been turned over to their foreclosure department.

It's now January and I advised the buyers agent what was going on. The buyer decided to cancel their contract and I canceled the listing and advised the sellers to keep me updated when they get a response from the Arizona Attorney Generals Office.

They received a response in March 2012 and was asked to provide any additional information they had and also asked if they ever received the denial letter. They responded and the first week of April they received a call from from Citi Financial about the great new Short Sale program where now if they get an offer they don't have to make the 5 payments and at closing they would get 10% back from Citi.

I told the homeowners this sounds like a scam, they received a letter the next day telling them Citi would like them to short sale their home and to have the agent provide a copy of the listing contract, hardship letter, HUD1 and a 3rd party authorization form.

I took the listing and this time I took it at 5% knowing what had happened last time. I received an offer in less than 12hrs and submitted the purchase contract along with a new HUD to John Florez at Citi. He called me and said well since the buyers agent is with the same broker your going to have to reduce your commission to 4%. He laughed and then hung up the phone.

I'm very patient, and I understand that a short sale is an option and not a right, I just don't get how the John Florez keeps playing games with the homeowners and me as the agent. I'm so sick of these banks playing these crazy games. 

Citi you are now on my bad list of banks not to take short sales with along with Seterus.

For all of you agents thinking about taking a short sale with Citi I highly advise against it...

James Moyer

Arizona Real Estate Market

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 The Mike Sher Team, Max Broock Realtors, (248) 496-1572 is proud to be a Bank of America Equator Approved Realtor.

 

Having a Real Estate Licenses is not enough to be a Short Sale professional. What elevates a Realtor to a Short Sale professional?:

  1. How man of short sales that have closed?
  2. Do they negotiate the short sale or pass the file to another company to do it?
  3. Are they educated in short sales?
  4. Do they teach short sales to other realtors, CPA’s or Financial Planners?
  5. Do they keep up to date on the ever changing laws, rules and policies with regards to short sales?
  6. Can they explain the difference between a HAFA NON-GSA Short Sale, HUD-PFS, CO-OP, HAFA-FNMA Short Sale, HAFA-FHLMC Short Sale, RASS form, A-RASS form and a SSA form?
  7. Are they Equator approved for Bank of America, Wells Fargo and GMAC?
  8. Can they offer references?
  9. Can they provide letters from attorneys endorsing their services?

**If you do not like their answers, then keep on looking for the right realtor**

 

These are just a few of the questions that should be asked before you sign up with any Realtor when it comes to a short sale.

 

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The Mike Sher Team has assisted homes-owners in over 100 short sale payoffs.  We work with all banks and can help homeowners get out from under their loan(s)!   Most homeowners do not get a 2nd chance with a short so seek a Realtor with a long track record of success.  Request references and ask lots of questions.  You do not want to find out too late that they are unable or unqualified to help you.

 

Mike Sher, Max Broock Realtors (248) 496-1572

 

About Mike Sher

 

  • He has negotiated over100 short pay offs for my clients
  • He is a Short Sale expert panelist for the Real Estate Investors of Oakland.
  • He is Real Estate One's and Max Broock's Short Sale consultant and Short Sale Instructor
  • He is a published Short Sale resource for the Detroit Free Press
  • He has an over 90% Short Sale success rate (national average is 33%)
  • He has instructed over 500 agents on how to successfully close short sales.
  • His weekly http://mikerealtorblog.com/ is used by 1000's of professionals as a Short Sale help site
  • Realtors know me as a "Short Sale Expert" which attracts more buyers to my listings
  • He is a Certified Distress Property Expert
  • He is a Fox2 contributor.
  • He is a CPA CME instructor for the Michigan Association of Certified Public Accounts regarding Short Sale transactions tax liabilities.

 

Mike Sher , Max Broock Realtors, Michigan at (248) 644-4700 x 242

 

 

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 FOR IMMEDIATE RELEASE                                                                         For more information, please contact:                                                                 Michael B. Sher 248-496-1572- Team@mikerealrtor.com

 

Strategic Default is not the best option for distressed homeowners in Oakland County

 

 Bloomfield Hills, Michigan – 04/25/2012 – For homeowners in danger of losing their home, walking away might seem like an attractive solution. “Many distressed homeowners in Oakland County have been getting bad advice when it comes to strategic default,” said Mike Sher, CDPE and Associate Broker of Max Broock Realtors. “It has become fashionable for some so-called experts to recommend defaulting on your mortgage as a method of dealing with pending foreclosure, but this is actually one of the worst options imaginable,” Sher added.

Strategic Default is a method that some homeowners who are in danger of losing their home to foreclosure choose to take. Rather than spending more money trying to save the home, they simply let the bank foreclose, take the credit hit and then walk away. “It is unfortunate,” said Sher, “because there are so many better options available to homeowners under the threat of foreclosure than this.”

While Strategic Default may provide immediate relief to the overwhelming feeling that the threat of foreclosure brings, it can have devastating effects on a homeowner’s future ability to find affordable housing.

As a Certified Distressed Property Expert (CDPE), Mike Sher says that he makes a point to find the best possible options not just for the present, but for the future as well. “There are options for homeowners in South East Michigan that can have a much lighter effect on their credit while also allowing them to walk away from an oppressive mortgage.”

Mike Sher has developed a free report entitled, “Escape your Unmanageable Mortgage” that is accessible from His website, www.ShortSaleOalkandCounty.com  

The Mike Sher Team has assisted homes-owners in over 100 short sale payoffs.  We work with all banks and can help homeowners get out from under their loan(s)!   Most homeowners do not get a 2nd chance with a short so seek a Realtor with a long track record of success.  Request references and ask lots of questions.  You do not want to find out too late that they are unable or unqualified to help you.

Mike Sher, Max Broock Realtors (248) 496-1572

About Mike Sher

  • He has negotiated over100 short pay offs for my clients
  • He is a Short Sale expert panelist for the Real Estate Investors of Oakland.
  • He is Real Estate One's and Max Broock's Short Sale consultant and Short Sale Instructor
  • He is a published Short Sale resource for the Detroit Free Press
  • He has an over 90% Short Sale success rate (national average is 33%)
  • He has instructed over 500 agents on how to successfully close short sales.
  • His weekly http://mikerealtorblog.com/ is used by 1000's of professionals as a Short Sale help site
  • Realtors know me as a "Short Sale Expert" which attracts more buyers to my listings
  • He is a Certified Distress Property Expert
  • He is a Fox2 contributor.
  • He is a CPA CME instructor for the Michigan Association of Certified Public Accounts regarding Short Sale transactions tax liabilities.

 

Mike Sher , Max Broock Realtors, Michigan at (248) 644-4700 x 242

 

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Appreciate your help or advice on this: Below is basic scenario involving PHH as the 1st (the 2nd is the problem).

I have a call in to Fannie Mae to get clarification on this "guideline" in order to gain some ground with the 2nd.

 

 

First mortgage PHH today stated that Fannie Mae recently changed their guidelines and now will not allow the secondlien holder to require a promissory note or agreement to pay back the moneyoutstanding, the second lien holder must release the difference. 

 

Second lien holder (Citifinancial Equity Services)   will not release the lien unless the Seller agrees to pay the entire amount back. 

 

 

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Oakland, Wayne and Macomb Counties 1st Quarter 2012 Real Estate Market Report

by: Mike Sher (248) 496-1572, Max Broock Realtors

The first quarter County Market Reports are further proof of what we are seeing every day: Sales are picking up and inventory is getting scarce. Seven of the eight markets tracked showed sales unit gains over last year. Declining home inventories are moving all areas closer to a Seller’s Market, with many of the lower priced areas already crossing the Seller’s Market barrier (under three months of inventory). The vast majority of areas are sitting in a neutral market. When we examine those neutral markets, we see about one-third of the market in a solid Seller’s Market with multiple bids and two-thirds still sitting at a Buyer’s Market, typically because of price or condition. Even in the upper-end markets, where we still see inventories in excess of 12 months, the one-third/two-thirds pattern still follows and is even more pronounced since overpricing tends to be more prominent in the over $400,000 price ranges.

Wayne County: MSI improved 14%, sales 4% and inventories fell 11%. Excluding Detroit, Wayne MSI for under $75,000 was actually under three months. For the first time in a while, the City of Detroit did not fare as well as the rest of the county in terms of sales activity.

Oakland County: MSI improved 21%, sales 5% and inventories fell 16%. Under $100,000 moved to a Seller’s market with the balance of the county in neutral territory.

Macomb County: MSI improved 50%, sales 16% and inventories fell 40%. Macomb made the most significant improvement over last year and is the first county to move into a Seller’s Market overall.

We’ll be looking forward to second quarter market reports where the upward trends will possibly grow even stronger. All signs point to a Seller’s Market in the near future.  

Below you will find the links to the 1st Quarter, 2012 reports .

Macomb County

Oakland County

Oakland County 600+

Wayne County

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How to Find the MI Company

If I see there was less than 20% down at purchase (without a piggyback) or if I see the servicer changing since the loan was issued, I assume there is MI either paid for by the seller or added by the new lender when they bought the loan.

 

1st, I call the servicer and ask, REPEATEDLY, because you have to find the rep that hasn't got them memo not to give out this critical information. Get the MI company and the mortgage certificate number (it's like the account number for MI).

 

2nd, I also ask for it in a qualified written request (search for that on this site if you don't know what that means). Remember to ALWAYS get your QWR at listing, because the bank has three months to respond.

3rd, You might even ask the mortgage broker / loan officer that gave them the loan, if the MI was put on because the downpayment was below 20%.

4th, Last but not least, when the negotiator starts blaming the mortgage insurer for the problem, I ask them "which MI company?" Usually, even at a bank, blaming a ghost company seems a little rediculous and I get the info I've been asking for all along.

I suppose if completely thwarted you could fax in a LOA to each of the companies and call down the list until one of them admits they're insuring this loan.

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I am helping out on a short sale in Redwood City where Chase is servicing the first and second loan. What this means is that the owner has first and second mortgages that were originally gotten from Chase. These loans were then sold to investors and Chase maintained the servicing. This means that ultimately Chase no longer makes the decision about whether or not to approve a short sale. The problem is there is also a third lender, and the third lender wants a lot of money to approve the short sale. The buyer agreed to pay the third what he wants, but the investor for Chase's first loan said no way. I guess from that investor's perspective if they foreclose they do not have to pay off the second or third and they get to keep all the money. Maybe they will make more if they foreclose. 

But maybe they won't. And in any case foreclosures are complicated and costly, and we have a ready willing and able buyer. Chase seems to have tried to convince the investor to take the offer. The Short Sale Department at Chase has even told us to submit another offer in an attempt to change the investor's mind.

I do not know if the new offer will make any difference, but I am immensely impressed with Chase's efforts on our behalf. I obviously am not privy to all of the number crunching as to who gets what if there is a short sale vs a foreclosure, but I do know at least Chase is really trying to help the borrower avoid foreclosure. That makes me feel pretty warm and fuzzy about them today.

If you have any questions about short sales in San Mateo or Santa Clara County please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E. 01191194

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The Myth Regarding "The Market"

For the past few years, any time someone asks me what I "do" and I respond that I'm a Real Estate Broker...I get that same look and tone of voice preceeding the question "Is the market getting any better" with sympathy written all across their face.  While I certainly appreciate compassion, the truth is, as I respond..."It's been steady all along".  "The only thing constant is change"   François de la Rochefoucauld.  That's true in all aspects of life.  In a once booming and over inflated market where "business was easy", agents grew lazy, sellers expected their property to be an easy sale, and buyers expected to get the loan they wanted regardless of conditions...because it was EASY.  Times have changed, loan regulations are tighter, homes have to be priced right to sell (or possibly the necessary short sale), and agents have to be creative in their sales process and work harder.  All this being true, the market isn't bad!

For those who have decent credit and employment, loans are available!  If you don't have what the lenders need, then a lease purchase, seller financing or rent-to-own are alternate options (in which there are many available). With both rates and property prices LOW (however starting to rise in some areas), buyers can get a great deal and many times buy into instant equity!  That's like a bank account without depositing more money!   Additionally, if you have extra CASH, why waste it with a very minimal interest rate in the bank???  Buy a piece of rental or investment property and reap the benefits!

SELLERS...don't get discouraged. I know you see houses and condos siting on the market.  If you bought prior to 2004, bought in at the right price, or purchased after 2008, you probably have room to sell your home at a price THAT WILL SELL.  If you purchased at the peak, have negative equity, "can't" sell because you can't afford to, BUT can't afford to keep the property either...don't foreclose. You have other options.  Shortsale, deed in lieu of foreclosure, modification, etc.  If you're in that situation and want to discuss your options with a seasoned professional regarding a shortsale, feel free to call me at 843-321-9841 or email redhotproperties@gmail.com.  Your information is confidential and I'd be glad to give you information regarding "what happens next".  Houses and condos are selling and I see more and more properties selling faster and faster.  When you list your property with an agent, ask questions like "Where will my property be advertised both in print and online?", "Where does your website syndicate to?", "Will my property be posed on social media?", "How are you different from anyone else I call?".  Make sure you choose a Realtor who's ready to not only LIST, but also SELL your property.

Buyers, sellers, investors....THE MARKET IS GOOD.  MAKE IT A GREAT DAY.

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Short Sale Superstars is owned and operated by REGrow, LLC

A Licensed Florida Real Estate Brokerage

ShortSaleSuperStars@gmail.com

DISCLAIMER

REGrow, LLC does not necessarily endorse the real estate agents, loan officers, attorneys, real estate brokers and other participants listed on this site. These real estate profiles, blogs, blog entries and forums are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a short sale. REGrow, LLC takes no responsibility for the content on these pages that are written by the members of this community</

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USDA Cash for Keys

Hey does anyone know if USDA does Cash for Keys?  We are trying to get them to allow the seller $$ for relocating and Chase is telling me no because USDA doesn't have any programs. I am unsure if he truly knows or is just saying that. I can not find info either way.

Thanks,

Cassandra

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It is no secret that the market in Silicon Valley is crazy. The inventory has never been lower so the competition for homes is  fierce. For example, Taylor Morrison is opening up a new town home development in Sunnyvale in May and they already have 300 people on the waiting list. Homes in Palo Alto are sometimes getting over 10 offers. 

If you are a seller you may be trying to acomplish a short sale, and life becomes complicated with all of the details of supplying documents, giving the bank what they want, when they want it, and living by their timelines.

Maybe you are trying to buy an reo and you have to sign documents that make you do everything short of giving up your first born.

So the big question is "Do you want to buy a sell a house right now?" If then answer is yes then you need to listen to the person saying "because I said so." Whether that person is the listing agent for a home you want to buy, the bank who needs to approve your short sale, or the bank who owns the foreclosed property you want.

Follow directions, exactly. If the directions say fill out the disclosure package completely, fill it out. If Bank of America says they want the first 5 numbers of your social if you are trying to buy a short sale then give it.

This is not an environment for everyone, and it will not last forever, nothing does. But if you want to buy right now it is best not to have issues with authority, just do what is asked of you. This is not to say that you should go into this blindly or give up your inspection rights, but it does mean you need to follow directions and do what is asked of you.

If you are selling short, do what the bank wants. You have the right to accept or reject their their conditions but you do not get to tell them what they need to do.

If you are selling in a hot market and it is a sale with equity, don't be a bully. Give clear directions and be grateful for the people who want to buy your home.

If you have any questions about buying or selling a home in Silicon Valley please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E. 01191194

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Freddie Mac sets new short sale timelines.,

From the Florida Association of Realtors newsletter:

Freddie Mac sets new short sale timelines, Fannie to follow McLEAN, Va. – April 18, 2012 – Freddie Mac, the federally owned company that buys mortgages from local lenders, says it wants to make the short sale process easier on home sellers by updating its timelines for short sales and requiring better communication from lenders. Last year, Freddie Mac completed 45,623 short sales.

The initiative is part of the Servicing Alignment Initiative (SAI) Freddie Mac and Fannie Mae launched in 2011 at the direction of their regulator, the Federal Housing Finance Agency (FHFA). Yesterday, FHFA announced that Fannie Mae and Freddie Mac must adopt the new short-sale guidelines, and the latter announced compliance shortly after that.

“Freddie Mac’s new timelines are intended to help make the decision process more transparent and timely for short sales under the Obama Administration’s HAFA program or Freddie Mac’s traditional short-sale option,” says Tracy Mooney, Freddie Mac senior vice president, single-family servicing.

Freddie Mac proposals

• Loan servicers should make a decision within 30 days of receiving 1) an offer on a property under Freddie Mac’s traditional short sale program or 2) a completed Borrower Response Package (BRP) requesting consideration for a short sale under HAFA or Freddie Mac’s traditional short sale program. BRPs are standardized assistance applications developed under the Servicing Alignment Initiative.

• If a lender needs more than 30 days, it must give homeowners a status update at least weekly, and a final decision must be made in less than 60 days.

• If a servicer makes a counteroffer, the borrower must respond within five business days. The servicer then has 10 more business days to respond to the buyer.

Freddie Mac says it will use the new timelines to evaluate servicer compliance with the SAI and its own servicing requirements.

© 2012 Florida Realtors®

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I was wondering if anyone could tell me what my chances are of getting approved for a VA compromise. I purchased the home in Dec 2006 in…

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311 hours ago
Reply by James Culak

Ocwen Short Sale Guidelines

What do you all think about Ocwen's guideline of 8% guideline and 10% Max on Closing cost. This includes Commission, Realty Transfer Fee, A…

Started by Hugo W Meza

511 hours ago
Reply by Bryant Tutas

Short Sale with cenlar with VA

I've read almost every short story on the board, but I don't fall into all of the cat's. My problem is this and I'm wondering if anyone ha…

Started by Dan

213 hours ago
Reply by Dan

How does it get paid?

With all the restrictions on what banks and lenders will and won't do, what Fannie and Freddie will allow and whom HAFA says can or can not…

Started by Drew Ludlow

514 hours ago
Reply by Sam

Can you make 2 offers?

I have an offer on a short sale that the seller approved and we are still waiting to get something in writing from the bank...it has been…

Started by Kristen tateosian

115 hours ago
Reply by Bryant Tutas

Florida Short Sale - Help! Realtor is trying to pull a fast one

let me begin by saying "I" too am a licensed realtor but i don't specialize in shortsales or traditional home sales. i respect the profess…

Started by arod

817 hours ago
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Price UP or DOWN through end of 2012?

This may be a regional question, A recent Miami Herald article says RE are slowly creeping back to "normal", They said a year ago distres…

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122 hours ago
Reply by Wendy Rulnick

Need Training?


 

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Short Sale Superstars is owned and operated by REGrow, LLC

A Licensed Florida Real Estate Brokerage

ShortSaleSuperStars@gmail.com

DISCLAIMER

REGrow, LLC does not necessarily endorse the real estate agents, loan officers, attorneys, real estate brokers and other participants listed on this site. These real estate profiles, blogs, blog entries and forums are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a short sale. REGrow, LLC takes no responsibility for the content on these pages that are written by the members of this community

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5 Reasons to Consider a HAFA Short Sale

b8_house_security_shield_20111-263x300.jpg?width=263The Home Affordable Foreclosure Alternatives (HAFA) program is a subset of the federal Home Affordable Modification Program (HAMP). HAMP was designed to help homeowners restructure their loans with their existing lenders.  There is also a program calledHARP (Home Affordable Refinance Program) under the same umbrella of federal programs, which is designed to help underwater homeowners refinance.  HAFA is the program which covers the short sale and deed in lieu options.

In order to enroll in HAFA, you must be eligible for HAMP. Being eligible does not mean you qualify for a HAMP loan modification, it just means you meet the threshold eligibility requirements for the program.  In order to enroll in HAFA, you must complete an RMA form (Request for Modification and Affidavit), and once it is determined that you are eligible for HAMP, you can elect to do a HAFA short sale rather than a HAMP loan modification.

The HAFA program offers important benefits to short sale sellers:

1. $3000 HAFA short sale seller relocation incentive. This HAFA short sale program benefit simply can’t be beat.  Three thousand dollars in your hand upon close of escrow.  For those in extreme financial distress, the $3000 can provide a deposit on a rental and much needed help with the expense of moving.

2.  HAFA Short Sale Agreement.  One of the other great benefits of HAFA is that you can apply for the program and know that you are approved for a HAFA short sale before you list your home for sale.  After you apply, the lender will order a valuation of the home andaquariumhouse_002225-300x225.jpg?width=300 determine your eligibility for the program.  If approved, you will be issued a Short Sale Agreement (SSA) that will allow you 120 days to market the home and a pre-approved price.

3. Pre-Approved Pricing.  Before issuing the Short Sale Agreement, the bank will order a valuation of your home, either through a Broker Price Opinion (BPO) or an appraisal (to their credit, Bank of America uses appraisals instead of BPOs).  Once you have been approved for a HAFA short sale, you will receive a Short Sale Agreement which will have a pre-approved price that the bank will accept.  So, there is no guessing at that point about what the bank will take for the home.

4.  No foreclosure sale during HAFA marketing period. The HAFA program offers a guarantee of no foreclosure sale while you are in the 120 days marketing period. Many short sale sellers turn to a short sale as an option only after their efforts to modify their home loan have failed or produced a less than optimal result. Accordingly, they may already have a Notice of Default or Notice of Trustee’s Sale filed by the time they decide to pursue a short sale.  The HAFA short sale program offers the guarantee that the home will not be taken back in foreclosure during the 120 day marketing period.

5. Guaranteed waiver of deficiency from participating first mortgage lenders.  HAFA offers certain protections to short sale sellers, including a waiver of deficiency on the participating first mortgage.  Deficiency waivers from second mortgage holders must be negotiated under HAFA, it is not guaranteed.  However, recent changes in California law (Senate Bill 458), gives more protection to California residential short sale sellers regarding deficiency waivers than the HAFA program provides.

Before deciding whether to short sell your home, it is essential that you obtain legal and tax advice, and consult with an experienced local short sale agent. If you are considering a short sale of your Santa Maria, Orcutt, or Nipomo home and would like a no cost short sale consultation, please call my office to schedule a meeting or a telephone consultation at (805) 938-9950.

Tni LeBlanc is an independent Real Estate Broker, Attorney, and Short Sale Agent. She is a Certified HAFA Specialist (CHS) serving the Santa Maria, Orcutt and Five Cities area of the Central Coast of California.

* Nothing in this article is intended to solicit listings currently under contract with another broker. This article offers no legal or tax advice. 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.  Any and all  program benefits described are subject to change.

Copyright© 2012 Tni LeBlanc *5 Reasons to Consider a HAFA Short Sale*

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I just closed a Wells Fargo Short Sale that is not typical. It was a nice 3 bedroom townhome in North San Jose, close to Santa Clara. The owners were divorcing and neither could afford to buy the other one out or afford the property alone. This constitutes a hardship in most lender's minds. I have closed other Wells Fargo short sales with similar circumstances. The current owners had been able to pay the mortgage but they will not be able to in the near future because of an impending change of circumstance. These owners were current on their payments, and were hoping to sell short and then finalize their divorce.

So last fall I put the town home on the market, got a good offer, and submitted it to Wells Fargo. It was promptly denied. I was told that while this was not Wells Fargo policy, the particular investor on the loan (the person on entity who purchased the loan from Wells Fargo, and hired Wells to keep servicing the loan) had a policy of not allowing short sales unless the borrower was behind in their payments.

So, my clients stopped making payments for a few months and we put the home back on the market. We got another offer for the same price and 2 months later got an approval and closed escrow in 30 days. 

So here is what happened to the investor: They lost 5 months of payments of about $4000 a month, so $20,000 of missed payments for the same price of the home. Call me crazy, but that make no sense to me. Let me re-iterate:

THIS IS NOT THE GENERAL POLICY OF WELLS FARGO SHORT SALES.

So, if someone owed me money and I had the chance of recovering 70% of it, or 70% minus $20,000 I would go for the straight 70%. But maybe I am greedier than that investor.

If you have any questions about short sales in Santa Clara or San Mateo Counties please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

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Purchase Sale Agreements

As a consultant offering Business Development for the distressed home market I have found lately one of the biggest issues is with the first page of the PSA. PLEASE remind all Agents that ALL information needs to be complete and names of sellers must match what is on Title- EXACTLY. 

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