Nevada Department of Business & Industry Names Short Sales as One Alternative to Foreclosure

There are a number of ways that upside-down homeowners can avoid foreclosure. Short Sales are an important alternative among them.

SHORT SALE

In a short sale, you sell the house for less than you owe. You can't do a short sale without the lender's permission.

With a short sale, you make necessary repairs to the house; pay the real estate commission, taxes and government fees; and give the lender whatever money is left over -- a partial payment.

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If you want more information on Short Sales & Bank-Owned Properties, visit Understanding Foreclosures Las Vegas.

Foreclosure and Bankruptcy

RealtyTrac has great information regarding how bankruptcy can sometimes save your home from foreclosure:

If you file for personal bankruptcy under Chapter 7 a so-called "automatic stay" is placed on all your creditors, including the foreclosing lender, by the court. HOWEVER, the stay is only a temporary fix to the situation.

Chapter 7 never permanently stops home foreclosure. It only gives you relief from unsecured creditors like credit cards and prevents certain creditors from pursuing collection action against you. It does NOT discharge debts such as taxes, child support, alimony or student loans, nor can it give you relief from other secured creditors — like your lender — whose debt is secured by the home you're living in.

In fact the "automatic stay" is only effective so long as the court wants it to be in place. At any time the court can grant your lender's motion for "relief from the automatic stay." Once the court grants that motion the foreclosure against your home can proceed to conclusion.

One viable exception does exist, however, by filing for a Chapter 13 bankruptcy. Under Chapter 13 you are allowed to sit down with your creditors and arrange a payment plan to pay back what you owe them over a given length of time and usually on a lower payment schedule. Once accepted, the creditors, like your lender, must abide by the terms of the plan.

…In essence, then, through a Chapter 13 debt reorganization plan you can cure the default and save your home. However, you must realize up front that not everyone qualifies to file for bankruptcy. There are certain threshold qualifications that must be met which were tightened up when the U.S. Bankruptcy Code was revised a few years ago.

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If you want more information on Short Sales & Bank-Owned Properties, visit Understanding Foreclosures Las Vegas.

Nevada Foreclosure Laws

RealtyTrac has a great resource on understanding forclosure laws in Nevada.

If you want more information on Short Sales & Bank-Owned Properties, visit Understanding Foreclosures Las Vegas.

Las Vegas Real Estate Market is Starting to Warm Up

The Las Vegas Board of Realtors (MLS) reported that, as of April 15, 2008 there were approximately 21,971 home listings throughout the greater Las Vegas valley, which includes the cities of Las Vegas, North Las Vegas and Henderson. This figure, one of the lowest numbers of monthly listings reported in the past year, is the result of the overall increase in pending and contingent transactions, now reported to be approximately 5,301.

Based on the current rate of monthly sales, this translates into about an 8-month supply of inventory, a definite improvement over any period in 2007, during which typical supply averaged about 20 months. This change represents a buyer increase of approximately 140% over similar periods in 2007 and is considered a good market indicator that the bottom has or will arrive soon.

If you take 2007 figures we averaged 1,077 sales per month. In 2008, over the first three and a half months we are averaging 1,393 sales per month which is an increase in sold properties of 29%, which is another indication that the market is improving. Furthermore, multiple offers on foreclosures are being reported, another good sign that buyers believe we are at or close to a market bottom.

The general market softened over the past 1.5 years due to the oversupply of available inventory and diminishing demand. This softening was the direct result of unrealistic sellers, a large portion of which were investors, and the lessening of credit programs formally available. In a typical market, if a property is priced appropriately, it will sell within a reasonable period of time. In a soft market, however, sellers have a tendency to be very unrealistic in pricing in order to minimize losses.

They do not take into consideration the dynamics of supply and demand.

Builders in the city believe that a full market correction will occur sometime in 2009. In adjusting to the downturn, they have lowered prices by 20%-30%, have less standing inventory and are constructing homes on an "as needed" basis. Its hard to imagine our local housing market will not right itself and come into balance, given the over $35 billion dollars worth of construction taking place on the Las Vegas "Strip." To date, approximately 6,000 people continue to move to the Las Vegas valley every month. This can only lead to an ever-increasing demand for housing. In their reluctance to buy, the ongoing major concern of buyers is whether or not we are truly at the end of a declining market.

Thanks to Paula Clark for this information.

Nehemiah Wins Court Support for Down Payment Assistance

Good news. The lawsuit brought by Nehemiah fighting a proposed US ban on seller-gifted down payment assistance won court support yesterday. Such down-payment assistance, a huge benefit for many homebuyers, will continue.

Mortgage Forgiveness Debt Relief Act 2007

In December, Congress pass the Mortgage Forgiveness Debt Relief Act to provide some relief through loosening the tax laws and empowering FHA to help with refinancing. This will help a number of homeowners who are in trouble. Here are three sources that explain the law and its implications for homeowners:

Library of Congress Summary

IRS Summary

Article from Las Vegas Review Journal

If you want more information on Short Sales & Bank-Owned Properties, visit Understanding Foreclosures Las Vegas.

Overview of the Las Vegas Nevada Real Estate Market

Information updated November 28, 2007.

The thrust of economic development in Las Vegas, Nevada is greater than anywhere in the United States, and greater than anywhere on the planet earth. The gaming industry alone has spent 20 billion dollars over the last 14 years. This incredible economic growth, combined with available land, water and a political climate favorable to development has led a very strong market for both new and resale homes.

There is tremendous development activity on and around the strip. It is estimated that with the projects in place, 45,000 more hotel rooms will be added to the strip area by 2012. Deutsche Bank Securities estimates the casino industry will need to hire 113,500 workers for the positions being created. The projects underway include the 6 billion dollar project CityCenter, 1.8 billion dollar Palazzo and the 1.4 billon dollar Encore. In addition, Boyd Gaming is preparing the closed Stardust site for their Echelon Place, a 4 billon dollar project. Station Casinos has broken ground in February on their 600 million dollar hotel casino in North Las Vegas. Additional projects scheduled to open in the 2008-2009 period include Turnberry Associates Fontainebleau and the Trump International Hotel and Tower.

Downtown is also turning into a hot bed of development. Union Park, a 61 acre development just west of Fremont, is becoming a reality. The Lou Ruvo Brain Institute has broken ground and the Smith Center for the Performing Arts scheduled to break ground in 2008. The World Jewelry Center with 1 million sq. ft. is in the planning stages as well as a number of retail and residential projects. The World Market Center, just to the west of this is partly finished and in operation. The World Market center will have over 12 million sq. ft. of floor space when completed. Three new residential high-rise developments are under construction, Streamline Towers, Newport Lofts and Juhl. Soho Lofts is now completed. An number of upscale bars, shops and restaurants are moving into the area.

A recently released study of the local market, commissioned by the Southern Nevada Homebuilders Association and done by Applied Analysis, forecasts the following: "the largest wave of openings (strip area projects) in the regions history is set to begin....later this year. We estimate that this and other contributing factors will stimulate demand for 177,400 housing units between 2008 and 2012, a 13.3% increase over the demand reported during the preceding five-year period (ie., 2003 through 2007)." This 75 page study predicts that housing supply will peak late 2007/early 2008. They estimate that cutbacks in permitting activity combined with this increased demand could possibly create a housing shortage by late 2009.

by Millie Fine
Thanks to
Kristy Pentoney-Frias
Title One

Nevada Mortgage Crisis Rebound Predicted

December 04, 2007 - CARSON CITY, Nev. —

Nevada's economy should be so strong by 2009 that a housing shortage may be the big concern rather than the current mortgage crisis and heavy surplus of homes for sale, an economist told lawmakers.

While Nevada now has the highest home loan foreclosure rate in the nation, Jeremy Aguero of Las Vegas-based Applied Analysis told a legislative panel studying the state's mortgage problems that it's "a great fallacy" to have doubts about another economic boom in the state.

With some $36 billion in megaresort construction occurring in Las Vegas in the next few years, Aguero said Monday the people holding new jobs created by the building activity will buy up homes now available on the market and probably need more.

"You won't have enough housing stock for all the jobs in the near-term pipeline," Aguero said after the legislative hearing, adding, "How many markets can you point to with a $36 billion investment in their core industry alone that have long-term housing problems? Very, very few."

While a turnaround is on the horizon, Aguero and other economists and experts told the legislators that Nevada's problems related to foreclosures and overbuilding are likely to get worse during 2008.

Douglas Duncan, chief economist for the Mortgage Bankers Association, predicted that the problems with Nevada's foreclosure rate and other housing industry woes won't bottom out until late October in 2008.

Keith Schwer, director of the Center for Business and Economic Research at the University of Nevada, Las Vegas, added that a drop in building permits should continue in 2008. But he said the upcoming resort expansion should cut deeply into the number of vacant housing units _ more than 27,000 _ now on the market.

Mendy Elliott, director of the state Business and Industry Department, recommended against a state "bailout fund" to help deal with subprime loans. Former state Sen. Joe Neal of North Las Vegas agreed, but said a freeze on subprime loan rates would help consumers.

Midyear real-estate report says gains in home values abound

By HUBBLE SMITH

Sep. 04, 2007
Las Vegas Review-Journal

To hear people whine about the Las Vegas housing market, you'd think they were cats taking a bath.

Sure, home prices have receded from their all-time peak, which was just a year ago and followed a period of blistering appreciation. Las Vegas led the nation with quarterly appreciation of 40 percent and 50 percent in 2004.

Increased housing demand from mid-2003 through 2005 resulted in record numbers in both the new and resale home market, Coldwell Banker Premier Realty President Bob Hamrick said.

The market has backed off, but the gains remain, he said.

Nine ZIP codes in Las Vegas Valley with depreciating home values in 2006 show net gains of anywhere from 9 percent to 81 percent since 2003, according to a midyear report from Coldwell Banker Premier Realty.

One sample neighborhood gained 16 percent in 2003, 45 percent in 2004 and 13 percent in 2005, appreciating more in three years than it would have in 20 years by historical standards.

Before 1999, Las Vegas was among the slower U.S. housing markets with annual appreciation of 1 percent to 4 percent. That's what made it one of the best housing values in the nation. Homes in master-planned Summerlin were selling for $66 a square foot at a time when a comparable home in Phoenix was selling for $115 to $120 a square foot.

Giving back 1 percent last year is a drop in the bucket, Hamrick said.

"Few of us would pass on a stock market investment with a three-year return on investment of 73 percent," he said. "With the onslaught of negative press, many of us have forgotten about these record-breaking gains."

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Las Vegas Named #4 Top Renters Market by Forbes

Forbes Magazine named Las Vegas number 4 in Top Renters Market last month.

# 4 Las Vegas
The same issues of oversupply putting a burden on the Las Vegas housing market are plaguing the rental market. In the last year, according to NAR, rental vacancies have increased from 2.9% to 4.9%--transforming the market from one of the nation's tightest to one of the most overstocked. Rents in Class B and Class C housing grew slightly faster than did Class A units. Strong job creation figures suggest the supply gap will be gobbled up quickly, meaning now may be the best time to get in as a renter.

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Are Stated Income Loans Illegal in Nevada?

NO!A Letter From Our Mortgage Lending Division Commissioner
by Aaron Gordon

I have gotten a lot of calls in the last few weeks from very nervous real estate agents who have asked me if stated income loans will become illegal in Nevada as of October 1, 2007 when the new Nevada Lending Law goes into effect.

Others have told them that they will be illegal and they are panicked.

These agents are wondering if they need to start looking for other careers as stated income loans are so prevalent in our city due to the number of "tipped" employees we have.

The answer in "NO!" Stated income loans are not illegal and will not become illegal when Assembly Bill 440 (Nevada Lending Law) goes into effect on October 1, 2007.

In a letter dated, Thursday September 13, 2007 to all Mortgage Banker and Broker Licensees from Joseph L. Waltuch, Commissioner of the Mortgage Lending Division in Nevada, he confirmed this.

Here are some parts of his letter.

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EXCERPTS FROM THE LETTER FROM COMMISSIONER WALTUCH:

The Mortgage Lending Division (the "Division") has become aware that there exists some confusion amongst licensees regarding certain amendatory language to the new Nevada Lending Law.

Effective October 1, 2007 it will be an unfair lending practice for a lender to:

"(b) Knowingly or intentionally make a home loan, other than a reverse mortgage, to a borrower, including, without limitation, a low-document home loan, no-document home loan or stated-document home loan, without determining, using any commercially reasonable means or mechanism, that the borrower has the ability to repay the home loan."

Many licensees have expressed concern as to the meaning of "commercially reasonable means or mechanism" in the context of determining that the borrower has the ability to repay the home loan.

This does not prohibit specific mortgage products or types of documentation that may be utilized in the making or underwriting of home loans.

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