Desperate Homeowners, Meet the Millers

Short Sales 101

Base Photos Licensed from iStockPhoto

David and Wendy Miller own a beautiful four bedroom home in the suburbs where they’re raising their two young children. They have a large wooded yard for summer fun, backyard barbecues, and where their dog, Jake, loves to chase squirrels.

The Millers have lived on Cypress Drive for seven years and have become close friends with the neighbors around them. The children take turns playing at each other’s houses, and the adults frequently get together on the weekends for neighborhood cookouts. While the Millers have the same everyday stresses as the typical American household, they are a genuinely happy family.

Then a bomb drops out of the clear blue sky. David gets called into his boss’s office and is told the company has to lay off several employees due to the weakening economy, and he is one of them. David is completely shocked. He’s worked for this company for 10 long years and has given it his all. And now to be let go with just two weeks’ notice? How will he tell Wendy? Just the thought makes him sick to his stomach.

As a Business Analyst for a large corporation, David earned $60,000 a year plus full benefits. Wendy works as a Marketing Manager in the hospitality industry and brings home about $50,000 a year. Losing more than half the household income will put a huge financial strain on the Millers.

David shuffles through the door at the end of a devastating day and breaks the bad news to Wendy. After the initial shock and panic, they quickly formulate a plan to keep their heads above water. David has a couple weeks’ notice and then he’ll be eligible for unemployment. In the mean time, he’ll hit the pavement hard looking for a new job. They’ll cut out most of their discretionary spending, and hopefully there won’t be too much down time between jobs.

Unfortunately, it seems like no one is hiring. Days turn into weeks and weeks turn into months and David is still without work. Something has got to give. The credit cards are now maxed out, and the bills that are being paid are being paid late.

Another month passes. The Miller’s hard earned savings is gone, and the mortgage is looming. As hard as they try, they just cannot make their money stretch far enough to cover the house payment this month. Same with the next month.

David and Wendy are horrified that they might lose their home to foreclosure. What will their neighbors, friends and families think? They are honest, responsible adults and have never had problems managing money or paying their bills on time. Their pride is hurt, they are terribly embarrassed, and don’t know where to turn.

This scenario is quite common. Most of the homeowners we help are good people who have just had bad things happen in their lives. We encourage homeowners across the United States to get educated on the options available should they become financially distressed. Short Sales are a great tool, providing relief to all parties.

Just remember to choose a REALTOR® with a proven Short Sale track record to negotiate on your behalf. Making the right choice can mean the world of difference to your financial future.

David and Wendy Miller own a beautiful four bedroom home in the suburbs where they’re raising their two young children. They have a large wooded yard for summer fun, backyard barbecues, and where their dog, Jake, loves to chase squirrels.

The Millers have lived on Cypress Drive for seven years and have become close friends with the neighbors around them. The children take turns playing at each other’s houses, and the adults frequently get together on the weekends for neighborhood cookouts. While the Millers have the same everyday stresses as the typical American household, they are a genuinely happy family.

Then a bomb drops out of the clear blue sky. David gets called into his boss’s office and is told the company has to lay off several employees due to the weakening economy, and he is one of them. David is completely shocked. He’s worked for this company for 10 long years and has given it his all. And now to be let go with just two weeks’ notice? How will he tell Wendy? Just the thought makes him sick to his stomach.

As a Business Analyst for a large corporation, David earned $60,000 a year plus full benefits. Wendy works as a Marketing Manager in the hospitality industry and brings home about $50,000 a year. Losing more than half the household income will put a huge financial strain on the Millers.

David shuffles through the door at the end of a devastating day and breaks the bad news to Wendy. After the initial shock and panic, they quickly formulate a plan to keep their heads above water. David has a couple weeks’ notice and then he’ll be eligible for unemployment. In the mean time, he’ll hit the pavement hard looking for a new job. They’ll cut out most of their discretionary spending, and hopefully there won’t be too much down time between jobs.

Unfortunately, it seems like no one is hiring. Days turn into weeks and weeks turn into months and David is still without work. Something has got to give. The credit cards are now maxed out, and the bills that are being paid are being paid late.

Another month passes. The Miller’s hard earned savings is gone, and the mortgage is looming. As hard as they try, they just cannot make their money stretch far enough to cover the house payment this month. Same with the next month.

David and Wendy are horrified that they might lose their home to foreclosure. What will their neighbors, friends and families think? They are honest, responsible adults and have never had problems managing money or paying their bills on time. Their pride is hurt, they are terribly embarrassed, and don’t know where to turn.

This scenario is quite common. Most of the homeowners we help are good people who have just had bad things happen in their lives. We encourage homeowners across the United States to get educated on the options available should they become financially distressed. Short Sales are a great tool, providing relief to all parties.

Just remember to choose a REALTOR® with a proven Short Sale track record to negotiate on your behalf. Making the right choice can mean the world of difference to your financial future.

Tom Branch, Broker, CDPE, SFR

Based on “Avoiding Foreclosure – The Field Guide to Short Sales”, Copyright 2010 – Tom & Gina Branch

Short Sale vs. Foreclosure: What’s the Difference?

If you are a homeowner having trouble making your mortgage payments, you may have considered doing a short sale or letting the home go into foreclosure. You must understand the difference between the two so that you can make the best decisions for your future.

A short sale of real estate happens when the sale proceeds fall short of the balance owed on the property’s loan(s). If a homeowner can’t make the monthly payments and the house can’t be sold for the amount of the loan(s) and other liens, then the lender may agree that selling the property at a loss is better than foreclosing on the loan. A lender may agree to a short sale if the homeowner can show financial hardship such as job loss, high debt from medical bills or business loss, or other financial difficulties that a homeowner will not be able to overcome.

A foreclosure is a legal process in which a lender or other lien holder seeks to take back a property if the homeowner stops making the payments or hasn’t met other commitments, like paying real estate taxes or homeowner association fees.

Illinois is a “judicial foreclosure” state. This means that the lender or other lien holder files a lawsuit to show that the borrower has missed payments. If the homeowner doesn’t make up the amount owed in a specific period of time, the lender may ask the court to allow that the property be sold at auction to pay off the debt. In Illinois the County Sheriff conducts an auction in which anyone can purchase the home to pay off the debts. Usually, though, the only “bidder” is the lender who owns the mortgage. The lender takes back the property and after a series of other legal steps is allowed to sell the home to pay off the mortgage.

Other options for distressed homeowners are loan modification programs or deed-in-lieu of foreclosure.

Know your options: consult your lender, a real estate attorney, a government-sponsored counselor, a tax professional and a real estate broker experienced with short sales.

SHORT SALE VS. FORECLOSURE: WHAT’S THE DIFFERENCE?

Item Short Sale Foreclosure
Fannie Mae Guideline (Primary Residence) Eligible for new Fannie Mae insured loan after 2 years, no restrictions. Eligible for a new Fannie Mae loan with restrictions after 5 years, no restrictions after 7 years.
Fannie Mae Guidelines (Non-Primary Residence) An investor who has done a short sale is eligible for a Fannie Mae backed mortgage after 2 years. An investor who has had a property foreclosed cannot get a Fannie Mae backed loan for 7 years.
Credit Score Late payments on a mortgage will appear after completion of a mortgage. The effect can be as short as 12 to 18 months. Credit score affected by 50 to 100 points. Typically will affect credit scores for at least 3 years. Scores may be negatively affected between 200 and 300 points.
New Credit Application Questions (Form 1003) No questions on an application regarding a short sale. Questions: have you had property foreclosed upon or given title or deed in lieu in the last 7 years?
Credit History A short sale may or not be reported by a lender on a credit history. Remains as a public record for 10 years or more.
Security Clearance Usually does not raise red flags regarding security clearance. Security clearance will be questioned.
Deficiency Judgement Negotiable between seller and lender. No negotiations between the home-owner and the lender. It is up to the lender to file a deficiency judgement.

This post was written by Leslie Ebersole and originally published on FoxValleyRealEstate. Use or reproduction without express consent of the author is prohibited.

Is it Ethical for Lenders to Influence Short Sale Values?

A couple of weeks ago a lender ordered an appraisal on one of my Short Sale listings. He had been hired by the lender to set the value. He was an out-of-area appraiser and did not have a SUPRA key, so one of us had to meet him at the property.

Foreclosure Notice

Licensed from iStockPhoto

As we went through the property together, we noted the overlay roof with rotting decking and soffits, carpets that would need to be replaced, deteriorating siding, and rotted beams on the front of the house. I suspect that the buyer will have to pay cash or perhaps a 203(k) rehab loan due to the roof and rot.

As we talked, he shared his comparables.  I asked him why he did not use the three foreclosures on the same street rather than going into another subdivision to find sales. He told me that the lender’s directions were “not to use foreclosures or Short Sales” as comparables. Of course, when the value came in it was at least $20k too high.

If this was a normal mortgage, you can be sure those three foreclosures would have been used to determine value but in a Short Sale, they will not. This process almost guarantees that the home will go into foreclosure.

Let me understand the situation. We created HVCC to allow appraisers to operate without influence. The AMCs are usually owned by the lenders, so now the lenders are telling appraisers how to value properties!

So all we’ve done is to have the appraisers work for the lenders (through the AMCs) rather than the borrowers.  This has driven up the cost to the borrower, reduced the income of the appraisers, and increased lender profits.

Tom Branch, Broker, CDPE, SFR

Farmers Branch TX Homes For Sale 13945 Charcoal

Farmers Branch TX Homes For Sale 13945 Charcoal

Copyright 2010 - Imaged2Sell

3 Bedrooms | 2 Baths | 2-Car Garage | 1008 SF/Tax

Farmers Branch TX Homes For Sale – Great potential for investor in Carrollton-Farmers Branch ISD. Covered front porch. Light and bright kitchen with lots of storage. French doors open to large heavily-treed back yard with storage building. Complete AC system replaced in 2009. Across the street from Rawhide Park. Enjoy the walking paths, mature trees, and playground along Rawhide Stream. Easy access to 635. 

Current status, pricing, photos, and a virtual tour for this Farmers Branch TX Home for Sale.

Source: NTREIS

Selling It Short

Dave Liniger, Chairman and Cofounder of RE/MAX International recently published an article titled, “Selling It Short” in DS Magazine. The article is a report card on Short Sales in general and where he thinks we’re headed in 2011.

Housing Crisis

Licensed from iStockPhoto

Dave focuses on three major areas; avoidable problems, untrained agents, and good ideas.  

“…it’s time for avoidable problems such as lost files, conflicting responses, and inadequate communication to be minimized or eliminated altogether,” he wrote. While we don’t see much of this these days, the delays as the file gets bounced from negotiator to negotiator can be very frustrating for the agents, seller, and the buyer.  

In our book titled, Avoiding Foreclosure – The Field Guide to Short Sales, we wrote, “If you are in the position to buy or sell a house through a Short Sale, ONLY work with a real estate agent who is well-versed in the Short Sale negotiation process.” Dave had the same thoughts when he wrote. “Unprepared agents who enter this arena – where even the simplest sale is still a complex, multilayered transaction – do a disservice to consumers and the industry as a whole.”

The real jewel in Dave’s article was his thoughts on “Good Ideas”. He wrote, “The best idea might be the frontloading of lender decisions regarding acceptable terms. A listing agent who knows that the required net proceeds have already been determined can take the leap and proceed with good faith and confidence that a reasonable offer will be considered seriously. Using this as a starting point, rather than the submission of an offer, gives the agent a valuable edge in marketing the property as well as managing the expectations of the servicer, the seller, and the potential buyers. It’s a better way to go.”

As a major Short Sale listing broker, I have to agree that this would be a great idea. We already do it with FHA Short Sales. The only issues we run into here are poorly completed BPOs or appraisals where the value is so out of line with what the market that it makes selling the property impossible. Lenders should have processes in-place that will allow us to challenge the values rather than leaving us stuck with that value for 120 days.

We encourage homeowners across the United States to get educated on the options available should they become financially distressed. Short Sales are a great tool, providing relief to all parties. Just remember to choose a REALTOR® with a proven Short Sale track record to negotiate on your behalf. Making the right choice can mean the world of difference to your financial future.

Tom Branch, Broker, CDPE, SFR

Calculating Income for a Short Sale is There a Dual Standard?

December 23rd was the frustrating end to a five-month attempt to complete a short sale.  We listed the property in July and executed a contract in early August.  While we worked the package with both lenders, our first buyer walked.  We quickly found a new buyer who was more than willing to wait for us to get this done.

Calculating Income for a Short Sale is There a Dual Standard?

Licensed from iStockPhoto

There were two liens with two different banks. The second was fine with $3000. The first (who will remain nameless) was willing to work with us but bounced our file from negotiator to negotiator. Of course, we continued to provide updated documents and various affidavits. We also had to release the home form the bankruptcy so we could move forward.  While slow, we were making progress.

In the final week, things took a turn for the worse.  The negotiator took the last two pay statements we provided and came up with a monthly income that was $1000 over what we had submitted.  One of those two pay statements showed $800 in overtime pay.  The seller is a police officer and had moonlighted at some local football games to make a few extra dollars.

The bank averaged the two pay statements and added the extra income from the football games to arrive at a net monthly pay. I discussed the issue with the negotiator and her supervisor. They declined to reopen the file and it will be sold at a Trustee Sale on January 4th.

Let’s look at their logic. 

The December pay statement with the overtime pay showed YTD gross overtime of $2200.  Clearly overtime was very rare.  An originating lender would have not allowed it to qualify for a mortgage so why should we use it to undo a mortgage?  I argued that $2200 gross was about $1750 take home and if they felt the need to include it, they should divide it by 12 and add the result to the monthly figure.  This would have added $145 to his monthly take home.

The football pay is $195 gross for 10 games or $1950. After taxes, the take-home is about $1500 or $125 a month.

Neither overtime nor the football pay may exist in the future and we would have ignored it on the origination side unless we had a letter from the employer stating that the pay would continue.

I’m normally very supportive of the banks, but in this case they have applied a dual standard to accounting for income.  If they had followed the origination standard they would not have allowed any of the income.  Even if they used the annual figures (converted to monthly), the seller would have been negative cash flowing and they would have approved the Short Sale.

Lose, lose, lose, lose.  The seller has a foreclosure on his credit report, the bank has to foreclose and incur the costs to sell the property (likely for less than the Short Sale offer), the investor takes a greater loss, and the current buyer has wasted 3 months waiting on this to be approved.

This is the kind of thing that winds up in a lawsuit…

Tom Branch, Broker, CDPE, SFR

Irving TX Homes For Sale 2404 William Brewster

Irving TX Homes For Sale 2404 William Brewster

Copyright 2010 - Imaged2Sell

3 Bedrooms | 2 Baths | 1-Car Garage | 1869 SF/Tax

Irving TX Homes For Sale –  Great potential in this 3-2-1 with carport, two living areas and huge kitchen with great storage. Additional living area could be used as gameroom or formal dining. View this property in an established neighborhood and see how you can make it ‘your own’. 

Current status, pricing, photos, and a virtual tour for this Irving TX Home for Sale.

Source: NTREIS