Tuesday, October 19, 2010

Some relevant definitions



Foreclosure is a legal process by which a defaulting borrower is deprived of their interest in the property.
Real estate owned (or REO), on the other hand, is a real estate asset owned by the lender that is taken back during the foreclosure process.if the property is not disposed of by auction or other means.

Thursday, September 30, 2010

What is a Fiduciary or what is also known as a True Agent ?

An Agency relationship creates a Fiduciary Relationship with the employer known as a Principal. A Fiduciary acts in a position of trust or confidence for another. The Fiduciary owes complete allegiance to the Principal. most familiar are the relationships one has with their doctor or attorney.

In Florida and in most all other States - there are other relationships created by Real Estate Firms with their Customers. In Florida the relationship you are most likely to get is called a ‘Transaction Broker Relationship’
The reason for this is to allow the large brokerages [and small] to have other Licensees conduct business with buyers and sellers within the same Brokerage - as it is illegal and a felony to represent both in the same transaction as a true Agent.

To make matters worse, in Florida, there are no disclosure requirements and the presumption by law is that you will be represented by what is known as a Transaction Broker

As a Buyer, [or for that matter a Seller] if you want the legal protections afforded by total confidentiality, obedience, loyalty, and full disclosure - you must ask for and execute a legally binding Agency Agreement.

Bottom Line: Even though someone calls themselves your Real Estate Agent, the chances in Florida of that being so is virtually Zero without a signed Agency Agreement





Tuesday, September 14, 2010

Another Real fraud rears its ugly head

In addition to all other types of Fraud when dealing with real estate ... there is a new one: Short Sale Fraud
The Scam: Borrowers owe more than the current value of their home so they fake financial hardship and no longer make their mortgage payments. An accomplice of the borrower then submits a low offer to purchase the property in a short sale agreement. The lender agrees to the short sale, unaware that it was premeditated. The property, after being purchased at the reduced price, is then often resold at the home’s actual value for profit.

Red Flags: The borrower suddenly defaults on the mortgage with no workout discussions with the lender, an immediate offer is made to a lender at a short sale price, the short sale offer is less than current market value, or a cash back is offered at closing to the delinquent borrower (disguised as “repairs” or other payouts, for example) and is not disclosed to the lender, according to Fannie Mae.

Be careful ......

You can report instances of suspected t  Stopfraud.gov.



Friday, September 10, 2010

Another BEWARE when purchasing a Condo

If you are thinking about purchasing a Condo because there are so many inexpensive Units on the market - I would advise strongly to do more than just negotiate the best price and/or loan terms. You must make a careful analysis as to the status of the Condo Association.

Ok, what does that mean ? It means you must due diligence on the condition of the common elements of the complex and do a thorough analysis of the Association's records and minutes.

Condition of Common Elements:

In addition to inspecting the Unit you may be purchasing, I would suggest that your Inspector take a tour of the Property with you to get an idea of the overall condition of the Property. It very could be that the Association has been deferring maintenance in order to save cash. This might lead to major Assessments in the future long after you close on the Unit.

Minutes of the Association

I would suggest strongly that you review the Minutes to see if potential expenditures are being discussed and to see if there is current conversations as to futures assessments.

Financial Condition of the Association

You must review the Income and Expense Statements and Balance Sheet to get an idea as to the financial condition of the Association. Find out what percentage of the Units are occupied and what percentage are Owner occupied. Check the Receivables to get an idea how current are the collections of the dues. Are there Payables on the Balance Sheet that need to be paid but are not being paid because of the "cash" situation.

Bottom Line

Be careful that you don't end up purchasing a pig in the poke.

The same suggestions above apply to purchasing and Property covered by a Homeowners Association.


Sunday, January 3, 2010

MORTGAGE RESCUE SCAMS: TOP 10 WARNING SIGNS

“Pay us $1,000, and we’ll save your home.” No legitimate counselor will require you to pay such a large sum before they do any work for you.

Sign Of The Times - ForeclosureImage by respres via Flickr


“I guarantee I will save your home – trust me.” Unrealistic promises are a key tip-off that an arrangement may not be legitimate.

“Sign over your home, and we’ll let you stay in it.” This is a dangerous proposition: signing over your home gives another person the power to sell the house or evict you, and you’ll still be liable for the
mortgage.

“Stop paying your mortgage.” Never stop paying your mortgage unless you have contacted your mortgage lender directly!

“If your lender calls, don’t talk to them.” You should keep in close touch with your lender, as their understanding of your situation is crucial to a satisfactory resolution.

“Your lender never had the legal authority to make a loan.” False arguments like this are meant to convince you that you are not obligated to pay your mortgage. Don’t fall for them!

“Just sign this now; we’ll fill in the blanks later.” Never sign anything you haven’t read in detail and clearly understood, and don’t let anyone pressure you into signing.

“Call 1-800-Fed-Loan.” It’s easy to make a scam look like part of a legitimate government program. Call your lender to see if you qualify for federal assistance—which does not require you to pay high fees.

“File for bankruptcy and keep your home.” Bankruptcy only stops the
foreclosure process temporarily. Stop paying your mortgage, and your lender will eventually foreclose upon your home.

“Why haven’t you replied to our offer? Do you want to live on the streets?” High-pressure tactics are a sure sign of shady business practices. Legitimate foreclosure counselors never treat a client in such a way.

Sunday, October 25, 2009

Digging Yourself Out of a Mortgage Mess

Homeowners struggling to save their houses could inadvertently trash their credit scores.

This year, the Obama administration began pushing so-called loan modifications as a way to keep millions of Americans in their homes as real-estate values plunged and unemployment soared. Under the government's Home Affordable Modification Program, or HAMP, the lender agrees to adjust the terms of the loan, in most cases by temporarily lowering the interest rate or extending the period in which the loan must be repaid, both of which serve to lower the monthly payment. Mortgage companies also have their own programs for borrowers who don't qualify for the government program.

[1021loanmod]Getty Images

Generally, loan mods are designed for homeowners who are currently experiencing financial distress or are at imminent risk of default. You don't have to be behind on your payments in order to qualify, although many are. Borrowers who enter the program could, for example, be in an adjustable-rate mortgage or an interest-only mortgage and may struggle to keep current on payments when their rates reset.

Yet many homeowners report difficulties modifying a loan because of conflicting advice from front-line employees at the mortgage companies, processing delays and lost paperwork, among other things. Even worse, lenders may report the modifications to credit bureaus in ways that can hurt a good credit history—and make it more difficult to repair a damaged one. A damaged credit history can mar borrowers' ability to qualify for new credit or may prompt current lenders to cut existing credit lines.

Consumers looking to dig themselves out of a mortgage mess can take steps to minimize the potential fallout from loan modifications, and even from the more-serious consequences of so-called short sales.

Question: How badly will a loan modification hurt my credit?

Answer: That depends on what else is in your credit files, whether you were already delinquent on your payments and how the lender reports the modification to the credit bureaus.

Your score probably won't fall by much if your credit has already taken a beating. But if you're someone with pristine credit, getting a modification could cause your score to take a steep dive.

If you are opting for a modification under HAMP—in which mortgage payments are lowered to 31% of a homeowner's gross monthly income—you will likely have to go through a three-month trial period when you are paying a reduced amount before lenders approve the modification. If you were behind on your payments before starting the trial period, lenders are supposed to continue reporting you as delinquent, which can hurt your score. (The loan modification could extend delinquency during the trial period. And once you're approved, the lender may continue to report the modification as "partial payment"—which generally hurts your score.)

If you're current, lenders are supposed to report you as current, but some lenders may also report the modifications as a "partial payment" of your mortgage, which is often considered a negative.

Q: Why would something endorsed by the government trash my credit score?

Many lenders and those in the credit-reporting industry have struggled to keep up with the dramatic housing remedies that Washington has devised.

Shortly after the government rolled out its modification program earlier this year, the Consumer Data Industry Association, which represents credit bureaus, advised lenders to classify such modifications as a "partial payment," a preexisting code that generally hurts your score. Under the widely used FICO model, for example, "partial payment plans" are considered comparable to a missed payment or some other type of derogatory or collection item on their file, says Tom Quinn, vice president of global scoring solutions at FICO.

But there's a temporary fix on the horizon. Starting in November, lenders will be able to use a new code that specifies whether a mortgage was modified under the government's plan. That code will reduce the hit to the credit files of people who work with the government to modify their loan; those who work directly with their own lender for more lenient terms could still see a significant hit if the lender reports their own modifications as a partial payment to the credit bureaus.

But while the new November status codes will have no impact on your score for now, that could change once the industry has had a chance to determine whether someone who modifies a loan is an elevated credit risk, says John Ulzheimer of Credit.com.

Q: Are loan modifications only for people who are seriously behind on their payments?

Not necessarily. Joanne Gregory of Fresno, Calif., for example, had never missed a payment but turned to the Making Home Affordable program to modify her two mortgages with Citigroup Inc.'s CitiMortgage because she was feeling the financial pinch of the recession. But because of delays in processing her applications, missing paperwork and conflicting information from representatives on when she needed to make payments, CitiMortgage began reporting her as delinquent to the credit bureaus earlier this year.

The 62-year-old retired teacher says she only became aware that something was wrong when her credit-card issuers began closing her accounts and slashing her credit lines this summer. "I thought I was getting involved in something that would be of temporary assistance until the economy turned around," says Ms. Gregory, who runs a small consulting practice and gets income from rental properties. "If they would have told me this would be a negative, I would not have done it."

A Citigroup spokesman declined to comment on Ms. Gregory's account, citing privacy restrictions, but noted in an e-mailed statement that the bank regrets any "misunderstanding."

Q: Am I better off avoiding a loan modification and simply going through a foreclosure?

No. Foreclosures are generally more damaging to your credit, and stay in your record for up to seven years. Many lenders, for example, will automatically deny credit applications if they see a foreclosure in your credit files, said Evan Hendricks author of "Credit Scores and Credit Reports."

The answer is less clear-cut for short sales. In a short sale, a bank agrees to accept less than the full balance of a mortgage as a settlement on the loan. Much depends on how that sale is reported to the credit bureaus by the lender, and whether the lender enters a so-called deficiency judgment for the sale—a court judgment ordering the borrower to pay the remaining balance, which would be especially damaging to one's credit score. (However, some states don't allow deficiency judgments.)

Q: What can I do to save my credit?

Consumers can negotiate with their lenders to report loan modifications and short sales in ways that are less damaging to their credit histories, says Sylvia Alayon, vice president of operations for the Consumer Mortgage Audit Center, which audits mortgages for attorneys and consumer groups.

Randy Wilburn, a real-estate broker and mortgage counselor in Boston who has helped negotiate loan modifications and short sales, says he has had some success in getting lenders to report a short sale to the credit bureaus as "paid as agreed"—which is less damaging to a person's score. "It is all in the language as to how it is reported to the credit bureau," he says.

Q: How quickly will my credit recover?

A bankruptcy can hurt your credit for up to 10 years, a foreclosure and other serious delinquencies for up to seven years. FICO, for example, classifies bankruptcies and foreclosures as negative items and treats them in a similar manner. Loan modifications and short sales can also be negatively classified, although that ultimately depends on how those items are reported on a credit profile, says FICO's Mr. Quinn. Under the VantageScore—an emerging competitor to FICO developed by the three major credit bureaus—scores can fall by as much as 140 points in a short sale or foreclosure and can plummet by as much as 350 in a bankruptcy, says Sarah Davies, head of analytics and product development at VantageScore Solutions LLC.

Borrowers with short sales and loan modifications should see their credit recover more rapidly if they keep making their payments on time, keep balances low and refrain from applying from new credit, said FICO's Mr. Quinn.




























Saturday, September 26, 2009

A Quick Short Sale Primer for Non-Professionals

What is a Short Sale (aka Upside Down Sale) ?

The Property has no Equity
The Seller hasn't enough Money

It's that simple

Can I get a fantastic Deal on a Short Sale ?

Probably not …… perhaps a decent Deal depending on activity, location etc…. But fantastic – ain’t gonna happen

Why Not

Because as a rule Lenders will not approve any deal that nets them less than 85 – 90 % of the Current Fair Market Value after Commissions, Closing Costs and Other Expenses. What the Owner paid for the Property and what the Owner currently owes on the property is not relevant.

So even if the Owner paid say $ 800,000 for a Property and owns the house free and clear – If the current market value is $ 400,000 – you can probably negotiate the price down to 90% of Current Market Value. Doesn't need to be in a Short Sale Situation to get virtually the same deal.


The End Result

In pretty much all respects a Short Sale is close to a Regular Sale with the Lender taking a hit on anything owed over 90 % +/- Fair Market Value

Extra Problems

Difficulty in finding who holds the Mortgage due to packaging (time consuming)
Many Licensees that have the Listing do not know what they are doing
Unreasonable time involved in Bank approval process


Summation

Like a regular sale with more aggravation.