Short sale Archives - Page 3 of 3 - Real Estate News and Commentary

November 9, 2009October 5, 2019

Don’t be pushed into a short sale

A tale of three Home Owners

The real estate market downturn is becoming reality for many home owners as they realize their home’s value is less than their mortgage balance. Not all home owners, who currently have negative equity, are behind on their mortgages or need to sell at all. If you feel the need to sell or leave your home, weigh all your options by getting all the facts.

Consider these three short sale scenarios from three real home owners; after consulting qualified professionals, including attorneys, Realtors, and housing counselors, they chose and had different outcomes. The fist home owner decided that she needed to relocate to another state. Although she was not late on her mortgage payment, she quickly realized she was in a pickle because she owed more than the amount she could net after a sale. Her Realtor recommended that she consult an attorney to discuss other available options other than a short sale. After her consultation, she decided that the best move was not a short sale but to file a Chapter 7 bankruptcy and get a fresh start in her new home state.

The second home owner was divorcing and (like the first home owner) was unaware that the market had changed such that they were in a negative equity position. After consulting their attorneys, they moved forward to sell their home through a short sale. Since there were two mortgages on the home, both lenders needed to approve the short sale. The first lender agreed to the short sale, however the second lender did not. To make this long story short, this seller filed a Chapter 7 bankruptcy.

The third home owner was also divorcing and was three months behind on his mortgage. To make it easy for himself, he tried to have his lender accept a “deed in lieu of foreclosure” (sometimes called a friendly foreclosure). He consulted his attorney after his lender refused the “deed in lieu,“ and decided to move forward with a short sale. His lender was motivated and the short sale was quick and successful.

Many real estate agents are soliciting home owners to sell their home as a short sale. Unfortunately, not all of these agents are presenting all the facts and alternatives. Some homeowners may find that they may not need to sell at all; among their choices are attempting a mortgage modification or a bankruptcy filing.

Don’t allow a real estate agent push you towards a short sale without considering all of your options; consult an attorney and a housing counselor. Everyone’s needs and situations are different, it is important to consider all aspects and impacts of your decision. Even if you have a security clearance, consult your attorney to understand what and how derogatory credit items may affect your clearance and employment.

Be wary of solicitations to help you in your time of need, including those by “foreclosure consultants.” Foreclosure consultants (which may include real estate agents soliciting you if you are in foreclosure) must follow local and state consumer protection laws. Don’t be fooled by an “expert certification” given to professionals after attending a seminar or online course. If after considering you options, you decide that a short sale is appropriate for your situation – seek a qualified and experienced Realtor.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of November 2, 2009. Copyright © 2009 Dan Krell

August 31, 2009October 5, 2019

Is there risk in buying distressed properties?

by Dan Krell &copy 2009
www.DanKrell.com

It’s not a secret that home buyers are flocking to distressed properties for the perceived bargains. Bargain distressed properties (including bank owned homes and short sales) are listed below retail prices, mostly due to the condition and other factors. “Buyer beware” is a saying that home buyers should consider when purchasing distressed properties.

Experienced real estate investors know the risks involved in distressed propeties, which they calculate in their purchase prices. However, the average home buyer may not know the extent of the risk at the exciting prospect of buying a lower priced home.

Not all distressed sales are the same. To understand the differences, you have to know who owns the home as well as the lender’s role in the sale. A short sale is an owner resale where the home owner is selling for less than what is owed to the lender. Although approval from the seller’s lender is required for such a sale, the bank is not the owner yet as the home has not been foreclosed on. On the other hand, bank owned homes (also known as REO property), has been foreclosed on and is now owned by a bank due to non-payment of the mortgage.

During a short sale, the seller’s lender goes through the loss mitigation process to determine how much of a loss they are willing take on the sale. This process is what typically extends the time to closing, sometimes more than three months. Whereas the loss mitigation process is usually completed prior to listing the home, the sale can be delayed too – but usually for title issues.

Both sales require you to purchase the home “as- is;” however because the short sale seller is usually accessible, you may have the opportunity to negotiate some repairs. Additionally, the short sale listing is sometimes in better condition than a bank owned home because the home is usually still occupied by someone as well as having recent updates.

Bank owned homes are vacant and the condition may vary due to the bank’s decision to make repairs prior to listing the home. However, since the home is vacant, vagrants, animals and weather can further deteriorate the condition of the home. If the home is in need of repair, the bank will not make the repairs nor will they allow any repairs to be made prior to settlement. If the previous owner made improvements without permits and/or there is termite damage, you are stuck with any remediation.

A short sale home seller will usually provide common ownership community (such as HOA) resale documents to you as required. Fines incurred for late fees and other issues are usually cleared by the seller. However when purchasing a bank owned home, you typically need to approach the common ownership community to negotiate any fines and pay for the resale documents.

Additionally, sellers in both sales urge you to use the title agent assisting them with the sale. However, you should choose a title attorney to represent you to minimize title issues and ensure you have a marketable title.

Without risk, there is no reward. You cannot entirely eliminate risk; however, due diligence, conducting inspections, and hiring the proper representation can reduce the risk that is inherent in purchasing a distressed property.

May 14, 2009October 5, 2019

Prepare for repairs when purchasing distressed properties

by Dan Krell (c) 2009.
www.dankrell.com

So you decided to buy a foreclosure! You’re excited and made arrangements for renovations to begin the day after settlement. But wait; there is an unexpected glitch- your lender is requiring the mold in the basement to be remediated before closing. Home buyers’ lenders requiring repairs to be made prior to settlement is a common scenario of buying a foreclosure or short sale.

Besides imposing qualifications for borrowers, lenders also impose minimal property standards for the homes being financed! Among the many types of items that lenders may require you to repair prior to closing include (but not limited to): mold, termite damage, faulty plumbing, or roofing issues. For FHA mortgages, the minimal property guidelines were notoriously strict in the past; the seller could almost expect a laundry list of seemingly nitpicky repairs from the FHA appraiser. However, recent changes to FHA allow more discernment from the appraiser.

It seems to be somewhat of a paradoxical situation: you’re buying the home as-is, but your lender is requiring you to make repairs to the home prior to settlement. If the home is a short sale you could ask the seller to make the repairs, but then again many home owners selling their home by a short sale don’t have the funds to make their mortgage payment let alone the resources to make any repairs. If the home is a foreclosure, the rule of thumb is that banks do not make repairs to their foreclosed homes. Even though the seller won’t make repairs, you still have a couple of options to save your transaction.

Since you decided that the home you are purchasing is such a bargain, you figure that you might do the repairs yourself. However, not all home sellers will allow you to make repairs prior to settlement because of their liability (such as in a foreclosure transaction where repairs are typically not allowed prior to settlement).

If the repairs are beyond your capabilities, funds are limited, or the seller will not allow you to make repairs, you might think that your deal is dead. However, one of the little known secrets to purchasing distressed properties is the FHA 203k mortgage (HUD.gov). The FHA 203k is similar to a typical FHA mortgage, but the difference is that the loan will finance the repairs and renovations to the home.

The FHA 203k mortgage is not provided by all FHA lenders. Since the FHA 203k has requirements that are above and beyond a typical mortgage, it is highly recommended that you seek assistance from a qualified FHA 203k lender. You can find local FHA 203k lenders at HUD.gov.

Another option that was common in the past is to escrow repair funds. If the buyer’s lender allows, the buyer can place the repair funds in escrow at settlement with the intention to make repairs after closing. However, as underwriting guidelines and practices have become more stringent most lenders will no longer allow for escrowed repair funds.

Buying a distressed property is a great way to get a bargain, but the transaction does not always follow the “typical” home buying process. If you are buying a distressed home, it is a good idea to plan for all contingencies including unexpected repairs by consulting with qualified professionals.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of April 20, 2009. Copyright © 2009 Dan Krell

November 5, 2008November 23, 2021

Short sale is an option

by Dan Krell
Google+

Simply put, a short sale is asking your lender to take a lower payoff and “forgive” the difference. In today’s market, where home values have depreciated significantly in some areas, the short sale is a viable option for many home owners who need to sell their homes but find themselves “upside down.”

Although the concept is simple, the process can be lengthy and full of surprises. You should consult an attorney about your options (which may include and is not limited to a loan workout or modification, forbearance, deed-in-lieu, or bankruptcy), because the process is not a guaranteed sale and your lender may still foreclose if you have not paid your mortgage.

If you decide to go through the short sale process, you should know that your sale will be subject to your lender’s approval. The lender will decide what they will accept to pay off your loan based on the home’s “fair market value.” They will review a proposed settlement sheet that will include all liens to be paid as well as any unpaid taxes and Realtor commissions. If the net is acceptable, then they will issue an approval. If the net is not acceptable, they will most likely counter the home buyer’s offer to increase their net proceeds.

Additionally, if you enter into the short sale process, you can expect your lender to pry into your personal life by asking for your income and financial documents, a hardship letter outlining your need for a short sale, and any supporting documents.

The pros and cons of going through a short sale include forgiveness of debt, credit reporting, and tax liability. By going through the short sale process, your lender essentially accepts a lower payoff for your mortgage. This differs from a foreclosure, when your lender may serve you with a deficiency judgment to repay any shortage they incur when they sell your home in a foreclosure sale.

Additionally, your credit will most certainly be affected by foreclosure as well as a short sale. However, experts have debated that having a short sale may be the lesser of the credit evils, as there may not be late mortgage payments nor reported judgments or other foreclosure related credit damage.

You also need to know that your lender will most likely issue you a 1099 whether your home is sold at foreclosure or short sale. What an awful surprise for you during your hardship to find out you have a tax liability! If you decide to go through the short sale process, consult with your accountant about your tax liability and if you qualify to file the little known IRS hardship form.

Finally, once you begin the short sale process, you should keep records of documentation of your correspondence with your lender, which includes phone calls, emails, financial packages you complete, and all supporting documentation.

If you owe more on your mortgage than your home’s value and you need to sell your home, the short sale process will allow you to sell your home for less than what you owe your lender without having to pay the difference at settlement. A short sale is a “win-win” for all involved, but there are many considerations. Before you enter in such an arrangement, you should consult with an attorney to understand your options.

August 21, 2007October 5, 2019

Real Estate Tax traps You Need to Know About

by Dan Krell

It is unfortunate that many home buyers and home sellers neglect to consult with experts and sometimes enter into situations that may not be in their best interest. There are several common situations that are associated to real estate transactions that seem beneficial, but may actually incur a tax liability to those involved. The situations are the “short sale,” rebate programs, and the use of a down payment assistance programs.

The short sale has gained popularity recently as a sluggish market has forced some desperate home sellers to reduce the price of their home below what is actually owed. A short sale is when the lender agrees to accept an amount that is less than the payoff amount in order to sell a home. The concept is simple although the process is sometimes problematic. Although there is no net profit from a short sale, the financially challenged home seller can find some relief when they engage in such a process.

Although the short sale can help you out of a mortgage crisis, the IRS looks at the difference between the actual mortgage payoff and the negotiated payoff as a financial gain to you. You will most likely be issued a 1099 at the end of the year by your lender.

Another popular practice that seems beneficial but may have some liability is the rebate program. Rebates are offered to Home buyers and home sellers as a business incentive from organizations, brokers, and Realtors to use their services. Some organizations and credit unions offer buyer rebates as a value added service to its members if an affiliated broker or Realtor is used. For example, Costco offers rebates to its members of up to 0.75% of the price of the home when affiliated service providers are used. USAA offers its members up to $3,100 when the MoversAdvantage® program is used. If you participate in such a program, you may receive a 1099 as you may have incurred a tax liability.

Although they have been scrutinized by HUD and the IRS, down payment assistance programs have been used by millions nationwide to assist in the purchase of a home. Down payment assistance programs are non-profit organizations that assist home buyers with limited funds to purchase a home by providing the money needed for their down payment. The funds provided to the home buyer are typically received by the program as a gift from the home seller. These programs have been criticized as being a circle scheme funneling extra money from the home seller to the home buyer to assist in the purchase of the home, circumventing the underwriting guidelines.

Last year, the IRS revoked the non profit status of some of these programs citing that that the amount given to the program from the seller is directly related to the amount provided to the buyer. Additionally, the amounts in question are only provided to the program if the sale closes. If you use such a program, you should consult the IRS on the tax exempt status of the program as well as any tax liability you may incur.

As any real estate transaction may have tax ramifications, you should always consult a tax expert for advice.