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.

Thursday, September 17, 2009

Safety Week Tip: Be Alert in Parking Lots

Because real estate professionals are on the go for so much of their workday, they end up spending a lot of time in the car—or, in some cases, getting in and out of the car.

As with so much of what practitioners do, an activity that seems perfectly ordinary and safe can become dangerous. By becoming and staying aware of risks associated with approaching and opening your car, you will be empowered to avoid any dangers before they can occur. Here are six steps you can take:
  1. Don’t approach your vehicle if a van or other large vehicle with tinted windows is parked next to it. Find a security guard to walk you to your car, or look for a nearby couple walking to their car and say something like, “That vehicle wasn’t there when I parked. Would you mind making sure I get into my car safely?”

  2. Have your key ready to open the car door. Never stand next to your car searching through your purse. Robbers, carjackers, and sexual predators all watch for this type of distraction.

  3. Once in your car, lock the doors immediately.

  4. Get moving. Don’t sit inside of your vehicle adjusting the stereo, rummaging through shopping bags or your purse, or talking on your phone, especially if the lot is not well populated.

  5. If you have an unlocking button or keyless entry system, make sure you unlock only the driver door. Unlocking all doors allows a predator to simply slide into your car from the passenger side.

  6. Make sure that your dome light is always functioning properly. As you unlock your vehicle at night, glance into the back seat and make sure that an attacker has not gained access to your car.

Source: Road and Travel magazine

Tuesday, September 8, 2009

Condo Purchases Require Extra Steps

Homebuyers contemplating purchasing a condominium should review a long list of documents and other information to make sure that the property they are considering is a solid buy in this challenging market.

The following information is a the top of the must-consider list:
  • Budget. Examine the current budget, a year-to-date statement of income and expenses, and a couple of previous years’ budgets to see how they’ve changed.

  • Reserve study. Understand the plan for maintenance and how it will be paid for.

  • Special assessments. Ask if there have been any and whether more are planned.

  • Delinquencies. How many owners are behind in their payments? Many lenders say no more than 15 percent of owners can be in arrears or they won’t write mortgages in the complex.



Sunday, August 2, 2009

What do these Companies all have in common ?

  • 7-Eleven Food Stores
  • Ace Hardware
  • AAMCO Franchise
  • Century 21 Real Estate
  • Checkers Drive In Restaurants
  • Coldwell Banker Real Estate
  • Dunkin Donuts
  • Fantastic Sams
  • McDonald's
  • Minuteman Press International
  • NAPA Auto Parts
  • Physicians WEIGHT LOSS
  • Prudential Real Estate
  • Re-Max Real Estate
  • Subway
  • The UPS Store
  • Valpak
  • Visiting Angels

Wednesday, July 29, 2009

Real Estate in IRAs

Most investors believe that their only IRA investment options are bank CDs, the stock market, and mutual funds.

Few Americans realize that they have the option to self-direct their IRAs and other retirement plans into real estate—and that they can benefit from the tax advantages those plans provide. IRA investments earn tax-deferred/tax-free profits.

Imagine not having to pay taxes right away—or ever—on your real estate deals. Instead of paying 25%, or 30%, or even 50% of your profits to the government in taxes, you keep it.

Additional advantages of the real estate IRAs include:

  • The power of compound interest
  • A reduction of taxable income
  • Asset protection
  • Estate planning

If you're a successful real estate investor, or if you're just looking to diversify your retirement portfolio, the combination of real estate and your IRA can be very powerful.


Monday, July 27, 2009

Thinking out of the box.

Here is a list of some of the types of holdings you can buy with your self-directed or real estate IRA funds:
  • Residential or commercial real estate properties
  • Mortgage notes or trust deeds
  • General or Limited Partnerships
  • Oil and gas ventures
  • Private REITs
  • LLCs (Limited Liability Companies)
  • TICs (Tenants-in-Common)
  • Private stock

Sunday, July 26, 2009

Another way for Buyers or Investors to take advantage of Real Estate Opportunities now developing everywhere

Self-directed IRAs or real estate IRAs have been around for decades. While most investors aren’t aware that real estate IRAs are even a possibility, I'm here to tell you it’s a simple process to get started.

Real estate has historically been an investment that offers the potential for both income and appreciation. Many people feel more comfortable investing in something they can see, feel and walk-through – and all are benefits that come with investing in real estate.

Using funds held in your government-sponsored retirement plans such as IRAs and 401(k) to purchase real estate offer several advantages:

* tax-deferred growth on your holdings
* possibility of tax-free growth if you qualify for a Roth IRA
* diversification away from traditional investments like stocks, bonds and CDs.


Wednesday, July 15, 2009

We are not selling anything. Think about that.

Real Estate Buyers and Investors are encouraged to understand that ‘everything is negotiable’ in real estate. Not just price - but terms, conditions, contract clauses, disclaimers, exclusions, and dates and even commissions. And most important - the Buyer or Investor must be aware if the Licensee is representing you as a Fiduciary.

True Agency must be founded upon strict adherence to the legal principles of agency with ethical standards that may surpass minimum legal standards for loyalty, confidentiality, and obedience to the Client.




Tuesday, June 23, 2009

My Niche Market

What is my Niche Market ? I would say everyone in the buying mode in Residential, Commercial and/or Business Acquisitions. You must be thinking - How does he explain a Niche when he includes all Venues.

Simple, my Niche is the smart, discerning Buyer/Decision Maker in any Venue who sees how our approach to assist them is beyond the standard "market fare" of yesterday's Real Estate Industry Model.

I submit these Buyers are a Niche and I am guessing 10-15 % in each Venue.


Monday, June 1, 2009

The Third No-No

Most all Purchasers fail to grasp who is making what on their transaction ... especially the Professional that is supposedly representing you. Remember, everything is negotiable !

Tuesday, May 12, 2009

Casting Blame

I think I am repeating myself .... so what !

I think the whole System would work better if the due diligence and information work regarding at what price the Lender will let a Property go for ..... must and should be done prior to a Listing appearing on the MLS.

It's not just the Banks. Sometimes the old saying "we have met the enemy and it is us" applies to an Organization (NAR) that fails to look inward and cleanse itself.

Let the Industry Itself work toward to professionalism ..... it's way to easy to blame someone else.

We should be making friends with the Lenders ..... not blame them for a situation that was thrust on them by the nitwits in Washington of all political persuasions.

Friday, May 1, 2009

More on Agency

I previously mentioned that it would be wise to obtain a signed Agency Agreement with your Licensee.

Another reason:
In Florida, there is a presumption of partial representation and no notice is required to bring this to the attention of a Buyer (or Seller). Shame on the Florida Legislature in stripping away the "notice requirements" as of July 1, 2008.




Saturday, April 25, 2009

Second biggest "No-No."

I previously wrote about the number one "no-no" when buying residential property - that being, don't call the Agent that listed the property.

The second biggest "no-no" when buying anything that has to do with any real estate is the failure to obtain a Written and Signed Fiduciary (Agency) Agreement indicating the degree and depth of Representation you will be contracting for. You probably will not be legally protected for any violation of Fiduciary Responsibilities and Duties withou
t it

Saturday, April 18, 2009

What is happening in the Commercial Arena

Some say that Sector is in a free-fall. I am not saying that it is that bad - but really not so good.

Large shopping complexes [malls especially] are having difficulties. Office vacancies are falling and Home Builders are still leery.

My sense says some recovery towards the end of this year.

Saturday, April 11, 2009

If you have a RE License - Should you keep it ?

Of course – Keep it ! It is a good license to have.

The Market will come back ….. I say early 2010 for Residential Single Family.

I am not as optimistc regarding the Condo Market.

Thursday, April 9, 2009

Has the Market Bottomed Out ?

Residential - almost - cash is king for good deals - the closer to water, the less the slide

Commercial - I'm afraid the free-fall is underway

Business Acquisition - Time to put your spectacles on


Wednesday, April 8, 2009

What we look for in a Client

Very simple - we look for three things: Sound Judgement \ Capability \ Serious Intent

Tuesday, April 7, 2009

The Real Estate Industry needs a facelift

My conclusion after many, many years of in business - The way people buy property is like living in the cranking up the car era. The Industry suffers what I call “paradigm paralysis” - the inability to see beyond the current models of thinking.


  • More likely than not in Florida Buyers are generally not well represented nor represented at all.

  • More likely than not Buyers will pay will too much for their investment.

  • More likely than not Buyers will end up paying the Broker far too much money for the service rendered.

  • More likely than not Buyers will unknowingly settle for mediocre professional competence of their Licensee.


Sunday, April 5, 2009

The Retail Residential Brokerage Industry

The "Pre-Collapse Model" of the Residential Brokerage Business seems to me to be broken and outdated.

The Public needs a fresh approach and we are providing it.

Thursday, April 2, 2009

Residential No-No

Worst thing a residential buyer can do is call the Listing Agent.

Monday, March 30, 2009

Is the Buyer really represented ?

Florida has really done real estate consumers an injustice.

Effective July 1st - Licensees do not have to disclose to their Clients how or if they are being represented. There is now a presumption that a Licensee is a Transaction Broker providing limited representation only.

I would suppose that 99 % of Florida Real Estate Buyers and Sellers will now be under the false assumption that their Representative Licensee is a true Agent.

At Randian - we always represent our Clients as a true Fiduciary.