Showing posts with label seller issues. Show all posts
Showing posts with label seller issues. Show all posts

Friday, October 17, 2008

Why Short Sales Make Sense Even if You Have to File a Bankruptcy

Many bankruptcy attorneys are telling their clients to not do short sales. This may make sense from the attorney's point-of-view, but there are reasons why you might want to consider a short-sale even if you have decided to file bankruptcy:

BUT if you factor in the long term goals of most people, like owning a home, it makes sense to do everything you can to ensure you have a clean credit file. Short sales look better on your credit in the long run, but sometimes people just cant deal with more stress, thats just how it is and they will simply deal with the resulting consequences later when they are in a better state of mind.

It should be noted here, because I'm sure some guy that's been doing short sales, or mortgages or selling Hyundai's for a tenth of the time I have...(I've never sold Hyundai's, just the other stuff) will make some comment about how despite my opinions short sales are still a negative item on your credit.

He would be correct, its just like settling a credit card for less than you owe, it will most likely report on your credit that you did not fully pay the debt. Sometimes we are successful at getting the lender to report it as paid in full, but you shouldn't rely on that as any kind of a certainty...if it happens its a nice bonus, but don't plan on it. So it is BAD, but it IS NOT as bad as a foreclosure nor is it as bad for as long as a foreclosure.

By law, foreclosure stays on your credit for 7 years. Bankruptcy also remains 7 to 10 years depending on what chapter you file under. The major CRA's or Credit Reporting Agencies such as Trans-union, Experian and Equifax do not release to the public how they calculate credit scores, however there are ways out there to simulate how events like bankruptcy and foreclosure factor in to your score, and typically a settled account such as a short sale or a credit card settlement, will affect your credit score negatively for 12 months. After that first year these simulators suggest that the negative impact begins to greatly diminish.


Read more...



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

Friday, October 10, 2008

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.

Read more...


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

Saturday, September 13, 2008

Myths about Foreclosures from Home Ownership Preservation Foundation

The Home Ownership Preservation Foundation helps home owners stay out of bankruptcy. Their site is worth visiting. We especially liked the Myths:

MYTH: My mortgage company would rather foreclose on my home than keep me in it. The mortgage company sustains an average loss of about $58,000 when foreclosure occurs (TowerGroup study). They are in the business of providing mortgages - not owning or selling homes - and would always prefer to keep you in your home. By calling the Homeowner's HOPE Hotline™ at 888-995-HOPE, we'll help you work with your mortgage company to pay back your loan and stay out of foreclosure.


MYTH: I’m getting many offers of “help” from a variety of different people. Are they all scams?

Because of the public nature of foreclosures, anyone is able to access foreclosure listings on a daily basis. These include the owner's name and address at the very least, and in some states, they could include other sensitive information. Armed with this data, scammers can take advantage of a desperate owner. Here's what to look for to avoid foreclosure scams:

1. Your home's ownership changes hands. A common scam is where a party buys your home, then lets you rent it back. It sounds good at first, but you're losing your property, and your new landlord can now legally kick you out of your home with little to no notice.

2. You're asked to pay something up-front and/or you're asked to stop making mortgage payments. Usually, these scams involve paying large sums of money to some sort of "foreclosure prevtention service." These services offer to do what our counselors do: counseling, a budget and approaching the mortgage company to consider a payment plan. But the services don't do always do this work thoroughly, or follow through at all. The most important thing to remember when it comes to any foreclosure service is this: Foreclosure advice and direction should always be free.

3. You're under pressure to act immediately. Some will prey on the stress and anxiety surrounding the foreclosure process by convincing owners to sign things they don't understand. Don't sign anything without either first talking to an attorney, your mortgage company or a nonprofit foreclosure prevention organization like the Homeownership Preservation Foundation.




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

Wednesday, August 20, 2008

Short Sales and Your Credit Score

From a great article on Short Sales & Credit:

It is quite possible to do a short sale and still have decent credit afterwards. When you do a short sale, you can sometimes negotiate with the bank about two major issues: how they report your credit, and how whether they can go after you later for their financial losses.

The reason you can sometimes negotiate this is that you are not letting your house go through the foreclosure process and leaving it to the bank to deal with. When you do a short sale you are helping the bank. You are getting rid of a problem for them.
Most people don't realize that when they tell the bank that they are not going to be able to pay their mortgage anymore, the bank has a problem. And by selling the house, you are saving the bank tens of thousands of dollars they would otherwise spend going through the foreclosure process, getting the house back and fixing it up, marketing it and selling it.

Since you are doing this for the bank, you can make some requests in return. Especially if you have someone sharp helping you with the short sale.


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

Sunday, July 20, 2008

Short Sales Help Homeowners Avoid Foreclosure

This is an article from last year about Short Sales. While the market has change, the concept is still the same: Selling Short hurts, but not as much as foreclosure.

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

Tuesday, June 3, 2008

Wednesday, April 30, 2008

From Doom and Gloom to Make Room for the Boom

Mark Twain once penned: “A lie can travel halfway around the world while the truth is putting on its shoes.” A half-truth probably goes even faster.

It seems almost daily we hear that foreclosure rates are soaring throughout the country as the effects of shifts in both housing and mortgage industries continue to be felt. But if you dig deeper than the headlines and sound bites, you might find that another phrase attributed Mark Twain would be even more appropriate: Reports of the demise of the housing industry are greatly exaggerated.

In order to understand how exaggerated, we need to understand exactly where such reports originate.

Most media reporters rely upon RealtyTrac, a real estate data aggregator that regularly reports various numbers relevant to the housing industry. RealtyTrac data is accessible and seemingly straightforward.

Data, however, are only as good as the methods used to collect them. And there’s where the problem begins. Housing data is usually collected at the county level. Specifically, foreclosures follow a procedure that requires filing paperwork with the county recording offices. There is no single system or procedure followed by each county. There are 3,140 counties in the United States and almost as many procedures which have to be followed in order to foreclose on a single property.
Also adding to the problem is that most foreclosures involve more than one bank, so in addition to multiple filings due to different steps in the foreclosure process, there may be up to as many as 5 entities making those filings, including HOA’s, 2nd, 3rd, & 4th lien-holders. It should be noted that, in some neighborhoods, there can be as many as 3 Home Owners’ Associations for a single unit.

In addition to requiring different filing procedures, which can include multiple “filings” for a single property, counties track their filings differently. Many are automated and digital, but many are still pretty much a paper, copy machine and microfiche. This means that one county might have real-time data, where another country might not be reporting their filings for 3 to 6 months after they are made.
The upshot of all this is that gaining a clear picture of exactly how many properties are really foreclosed is not as easy as it might seem at first. Up until late 2007, RealtyTrac was using the number of filings to count foreclosures. When they started using property addresses as part of their data collection, the effect was to reduce foreclosure counts by 20-30%. In other words, for most of 2007, the foreclosure rates that were reported in the media were inflated by at least 20-30%.
But even after adjusting for the multiple filings per property, the numbers are exaggerated. Foreclosures take time. The process can take 90 to 120 days. During that time, things can happen, including a buyer might be found. So some filings can be made that never end in a foreclosure.

RealtyTrac is reporting the number of properties on which foreclosure proceedings have begun, not the number of properties that are foreclosed.
Of course, none of this makes glamorous or sexy headlines. Doom and gloom sell papers and raise ratings. With the advent of the Internet, media outlets face a competitive market like they have never seen and content has been sacrificed for sensation. So rather than responsibly digging into the deeper story and helping consumers understand what different numbers really mean, many (not all) media reports remain negative.

This is why the savvy investor doesn’t pay attention to the headlines. According to Andrew Waite, in the January-February 2008 issue of Personal Real Estate Investor, the picture is not nearly as bleak as one might guess from the local evening news in your hometown. After examining the data and the ways in which the data is collected and counted, Waite asserts that as of 12/06/07, .078% of all homes in the U.S. had gone into “absolute foreclosure” in 2007. Less than 1%. Hardly a horrific crisis.
So if the data on foreclosures is difficult to follow and often reported poorly, what can the savvy Real Estate Investor do to understand when is a good time to invest and when is a good time to sell?

Probably the most important statistic to watch is population growth. The relationship between housing and population is an obvious and natural one. Currently in Clark County, we have a housing glut. This is due to many factors, including the recent shifts to stricter mortgage qualification requirements, the rise of bank-owned properties and fear-mongering that misleads both buyers and sellers from following more rational courses in pricing and buying/selling decisions.

These factors will adjust under the pressure of the coming population growth.

“The only action necessary to change the market is to change our expectations. We have been and will most likely remain the envy of the country for one reason alone … we create jobs. Employment is the engine that drives the economy and for the past 20 years or so, we’ve had the most powerful engine in the race.” – Patrick Egger, Understanding the Las Vegas Marketplace

Las Vegas is growing and is expected to grow by 50% in the next 12 years. This means the demand for housing will be huge. The current glut, and its suppression of prices, will not last.

Doom and gloom may sell papers and raise ratings, but when considering an investment like real estate, facts are more likely to increase profits than rumors.
Understanding a local market requires a local source of knowledge. The role of the local Realtor® can be much more valuable than the local newscaster. Our jobs as Realtors® are to keep abreast of the local economy neighborhood by neighborhood.

The Dulcie Crawford Group has accumulated a lot of knowledge about local economies and we are keeping up with the many changes current conditions are creating. Please feel free to ask us anything that will help you better understand how to reach your goals in the current market. We will be happy to help.

Wednesday, April 9, 2008

Credit Score Truths and Tax Myths of A Short Sale Vs. Foreclosure

A Great Summary by Aaron Gordon of some of the issues regarding the decision between selling short and going into foreclosure.

Some Highlights:

#1) WILL MY CREDIT SCORE DROP LESS IF DO A SHORT SALE INSTEAD OF A FORECLOSURE?

The short answer is "don't count on it." No one can answer this question for you correctly and that is because every case is different.

#2) WILL I BE ABLE TO BUY ANOTHER HOME QUICKER IF I DO A SHORT SALE INSTEAD OF A FORECLOSURE?

Once again, chances are no. Keep in mind, lenders make mortgage loans based on your ability and willingness to repay the loan. We determine this based, primarily, on your past credit history. Especially your past mortgage history.

#3) IS IT TRUE I AM NOT RESPONSIBLE FOR DEBT FORGIVENESS IN A SHORT SALE BECAUSE OF THE NEW MORTGAGE FORGIVENESS DEBT RELIEF ACT OF 2007?

First let say, IN BOLD, I am not a tax professional. It's of the utmost important that you seek the advice of a tax professional before proceeding with a short sale or foreclosure.


The Mortgage Forgiveness Debt Relief Act of 2007 was primarily started so that people, who were upside down in their homes, could refinance their home using an FHA loan and then the second mortgage holder would write off some of their loan to enable this. This kind of loan hasn't caught on because most lenders didn't go for it.

...The bottom line here is before you do this, meet with your accountant to discuss the ramifications. There are too many possibilities to go over here.

If you get a 1099-C form in the mail, after a short sale that looks like this, http://www.irs.gov/pub/irs-pdf/f1099c.pdf, you need to head to your accountant immediately.


#4) BASED ON ALL OF THIS, WHY WOULDN'T I JUST LET MY HOME GO INTO FORECLOSURE?
For one, because you are giving the lender a chance to recoup some of their money. It is far cheaper for a lender to negotiate a short sale with you and your buyer than it is to rack up attorney fees and other costs in a foreclosure.

Foreclosure can take eight months to a year and in a declining market, your decision could cost them $100,000's more than a short sale.

The next reason is because some believe, as we discussed earlier, it may be easier to rebuild your credit after the process. Your credit will likely be destroyed either way, but the road back to a respectable credit score may be shorter in a short sale, according to many experts.

Finally, and probably the top reason for a short sale, is depending on what kind of loan you have, and in what state, the lender may be able to go after you personally for a deficiency judgment at a later date. In Nevada, where I live, lenders have three months after the sale to try and obtain a deficiency judgment.



Click here to read the full article.