Distressed

Why $10k ABOVE list price wasn’t enough for a Foreclosure

One of my customers recently offered almost $10k ABOVE list price on a foreclosure,  and they didn’t get it because they were out offered!
This article sheds some light on what many Buyer’s are starting to experience in this Buyer’s Market …

Low-ball offers don’t work anymore

WASHINGTON – April 23, 2012 – When the number of home sellers grossly outpaces the number of buyers, no offer can be ignored, even if it’s 25 percent or more off the asking price. But in today’s rebounding market, those low-ball offers don’t often work. Many times, the potential buyer finds that they don’t get a counter-offer. And, in many cases, another more realistic buyer gets the home.

A low-ball offer – generally 25 or more off the asking price – allows buyers to see if they can land a great deal, even if they’re willing to pay more. In a survey last year conducted by the National Association of Realtors® (NAR), one in 10 respondents cited low-ball offers as a concern. According to real estate columnist Kenneth Harney, a NAR survey conducted in March and not yet released found that almost no one complained about low offers.

When the number of listings outpaced the number of buyers, many potential homeowners submitted a shockingly low offer on the theory that they had nothing to lose. If the seller balked, most would still counter with something below their asking price. Today, however, offers close to the asking price – or even beating it – will probably come in fairly quickly from someone else if a home is priced correctly in the first place.

Even buyers who still want to low-ball an offer on a home many times switch tactics after they lose a property or two to a more aggressive buyer.

Florida Realtor Marnie Matarese works with J Wood Realty in Sarasota. She told Harney that fewer buyers want to low-ball an offer in her area, but they still come in – mainly from out-of-state or out-of-the-country people who have read about the state’s foreclosures and short sales. That news, however, is old – it has not kept up with reality in many areas.

Matarese says some people still insist on making a low-ball offer, but that she doesn’t mind. “You can’t blame a buyer for trying to get a good deal,” she says.

In some cases, a seller isn’t offended by a low-ball offer, but their counter-offer shaves only a little bit off their original asking price. An Olympia, Wash., real estate agent had a $150,000 offer for a $250,000 listing, according to Harney. But after the dust settled and the seller shook off his irritation, he and the buyer agreed to $230,000.

Harney closed his column with this advice: “Rolling low-balls at sellers may have been an effective approach between 2008 and early 2011. But in 2012’s environment – at least in rebounding markets – it could be counterproductive if you truly want to buy.”

Source: Ken Harney. Distributed by Washington Post Writers Group.

© 2012 Florida Realtors®

Bill could help short sale sellers in 2013

WASHINGTON – April 2, 2012 – Under U.S. law, a homeowner with an underwater mortgage who goes through a short sale has part of his or her debt forgiven by a bank. The amount forgiven is legally considered income, as if the lender gave the owner a monetary gift by saying, “You no longer have to pay this.”

As a gift, that money is income and taxable by the IRS when the homeowner fills out his yearly income taxes. However, a temporary law effective through Dec. 31, 2012, nixes that amount as homeowner income, making the debt forgiveness tax-free. A short sale in 2012, then, allows a homeowner to walk away free of debt.

As it stands now, that rule expires next year, and underwater homeowners who go through a short sale could be taxed on the amount forgiven.

However, a bipartisan bill introduced late last week by U.S. Senators Debbie Stabenow (D-MI) and Dean Heller (R-NV) – the Mortgage Relief Act – would extend that rule past Dec. 31 if approved by both the House and Senate and signed by President Obama. Senators Robert Menendez (D-NJ), Sherrod Brown (D-OH) and Jeff Merkley (D-OR) cosponsored the legislation.

“It is bad enough that so many families are faced with mortgages that now exceed the value of their home,” says Stabenow. “But to add insult to injury, without this bill, the IRS would once again require these families to pay hundreds or thousands of dollars in additional income tax when they sell or refinance their home. That’s just wrong.”

Stabenow championed the original Mortgage Relief Act of 2007 designed to fix the problem that now expires at the end of 2012. Stabenow and Heller’s new bill will extend this tax protection for underwater homeowners through 2015.

Approximately, 20 to 25 percent of American homeowners are currently underwater on their mortgages.

© 2012 Florida Realtors®

HAFA Short Sale Update -from CDPE.com

Major news in the short sale and housing industry! On Friday, March 9, the Obama Administration announced updates to the Home Affordable Foreclosure Alternative (HAFA) program. Created in 2009, HAFA is a government-sponsored initiative assisting all Home Affordable Modification Program (HAMP) eligible homeowners in avoiding foreclosure through short sales and deed-in-lieus.

The HAFA updates will go into effect on June 1, 2012, and will allow more distressed homeowners to seek assistance. Most importantly, the deadline for submitting for HAFA eligibility will be extended a full year, from December 31, 2012, to December 31, 2013.

Other major changes from March’s updates to the HAFA program include:

  • The removal of occupancy requirements. Previously, HAFA required homeowners to have lived in the property within the last 12 months.
  • $3,000 relocation incentives will be limited to properties occupied by an owner or tenant at the time of the short sale.
  • Mortgage payments will be allowed to exceed 31% of the homeowner’s gross monthly income. This update will allow a homeowner to stay current on her mortgage and still qualify, minimizing the overall impact to her credit.
  • Secondary lienholders may receive up to a maximum of $8,500, up from $6,000 previously.
  • And one of the most dramatic changes: The Credit Bureau Reporting will be Account Status Code 13 (paid or closed account/zero balance) or 65 (account paid in full/a foreclosure was started), as applicable.

With these updates, a homeowner can be current on their mortgage, qualify for HAFA, continue to make their payments, and execute a short sale with minimum impact on their credit!

Bernanke Recommends Short Sales Among Solutions to Housing Crisis

You may owe federal income taxes in 2013 if you have a short sale, foreclosure

IMPORTANT ARTICLE!!!

WASHINGTON – Jan. 9, 2012 – You may owe federal income taxes in 2013 if you have a short sale, foreclosure after this year. Now is the time to make the hard decision: Are you going to walk away from your underwater home?

Uncle Sam is still giving homeowners until Dec. 31, 2012, to go through a short sale or foreclosure without tax consequences – as long as the lender officially releases the debt.

But on Jan. 1, 2013, the rules change: The amount a lender forgives, ether in a short sale or foreclosure, on a primary residence will be taxable on federal income taxes.

So if a house sold $50,000 short of what is owed on the mortgage, then the selling homeowners will owe federal income taxes on that $50,000. Homeowners would owe $12,500 if they’re in the 25 percent bracket; $7,500 if in the 15 percent tax section.

Homeowners would be on the hook even if the house sold but the bank had not formally forgiven the loan in a letter: The banks must officially sign off in writing before Dec. 31.

“It’s a huge issue – it will be a shock to many taxpayers after 2012,” said Mark Steber, the Florida-based chief tax officer for Jackson Hewitt Tax Service.

The law first came into affect five years ago as the housing market went bust nationwide.

The Mortgage Debt Relief Act of 2007 “generally allows taxpayers to exclude income from the discharge of debt on their principal residence,” according to the Internal Revenue Service. “Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.”

Up to $2 million of forgiven debt can be forgiven this year, $1 million if married and filing separately, according to the IRS.

Homeowners declaring bankruptcy could escape paying income taxes on any cancellation of debt income if the debt is forgiven in the bankruptcy even if the debtor is solvent, said Nick Jovanovich, a board-certified tax attorney in Fort Lauderdale, Fla.

“Bankruptcy trumps everything,” he said.

Or homeowners might not have to pay income taxes on any cancellation of debt income to the extent that they are insolvent immediately before the cancellation – that is, their debts exceed the value of their assets, Jovanovich added.

Steber and Jovanovich said homeowners should decide now what they are going to do – to give themselves time.

Short sales can take a long time, said Timothy Singer of Coldwell Banker in Fort Lauderdale.

He said he knows of one that had been pending for three years.

But lenders “have been gearing up” and speeding up the process, Singer added.

But even if banks quickly approve a short sale, the would-be buyer may get cold feet and the deal fall through, Singer said.

Then the sellers have to begin again, he said.

Copyright © 2012 the Sun Sentinel (Fort Lauderdale, Fla.), Donna Gehrke-White. Distributed by McClatchy-Tribune News Service.

Fannie Mae & Freddie Mac Announce an “Eviction Moratorium” for the Holidays

December 19th, 2011 in CDPE by cdpe

The holiday season should be a magical time of year. However, for a growing number of families, the usual holiday celebrations are trumped by financial troubles, foreclosure and the looming threat of eviction.

Fannie Mae and Freddie Mac offered some relief to such families by announcing an “Eviction Moratorium” through January 2, 2012. During this time, families living in foreclosed homes will not be forced to leave, though legal proceedings may continue as scheduled.

Undoubtedly, Fannie and Freddie’s efforts will prove comforting to homeowners who find themselves in this situation. However, the relief is short lived.

Remember, the “eviction moratorium” is only a short reprieve, so we urge you to continue reaching out to homeowners during the holiday season. Simply knowing that options exist can provide them with peace of mind. And during the holidays, a little peace of mind is an invaluable gift.

By   CDPE.com

What’s it going to take to move the housing market forward?

October 13th, 2011 in CDPE by Alex Charfen

Recently, I was asked by Logan Mohtashami, a columnist for Benzinga, which is an online news and financial analysis service, to respond to the question: “What do you think the main problems in the housing market are, and what ideas do you have to help the housing market out of its current malaise?”

Here’s an excerpt from the column in which my response appeared on Oct. 12:

The biggest problem in housing right now is that we are still dealing with the issues from the boom and too many people want to somehow find a magic bullet or program to fix everything. There is no such program, and while in many cases, the programs that have been launched are working, we need to allow this financial process to run its course.

The continued call for government stimulus or a jumpstart is troublesome, since many interventions have caused market anomalies or confusion. Also, the continued pressure to “provide a solution for the housing market” is tantamount to providing a single solution to the health care crisis—there isn’t one. What’s needed is a series of rational financial decisions that will eventually return us to a rational housing market.

The perception that a healthy market is a return to 2004-2007 is a dangerous one. We have seen first-hand just how unhealthy and unstable that market was.

Little by little, housing is coming back, and housing is more affordable than it has been in many consumers’ lifetimes. If we can cure the perception that housing is somehow damaged, we will see a return to primary home purchases. We are already seeing the return of both domestic and international investors. In some markets, this is actually driving an inventory shortage.

In summary, we are in a saw-tooth recovery and we will see housing indices go up and down at monthly or quarterly intervals for the forseeable future. This is predictable. As inventories swell, prices go down and sales increase. As inventories constrict, the opposite happens.

The challenge is that each fluctuation is seen by the media as either a recovery or a (double, triple, or quadruple) dip. The housing market traditionally runs in 7- to 12-year cycles, yet the media runs in 7- to 12-minute cycles.

The perception that housing is erratic is driving buyers away and providing investors with a major opportunity. An educated consumer today is one who is purchasing if they can.

Luxury home foreclosures a deal for well-heeled

Interesting article

“There are $4 million estates in Lutz and the Riverview area that are now less than $1 million,” said Keller Williams real estate agent Rande Friedman. “There’s a condo in Channelside that was $1.5 million, and now it’s $700,000.”

Most homeowners have seen values drop, but these prices are so low because the homes are owned by a bank. And the bank wants to get rid of them.

There are so many foreclosed luxury homes that Friedman created a website to list them. In three weeks, PoshForeclosures.com already has about 400 local listings.

The Tampa Bay area and Florida are among the hardest-hit by foreclosures in the country. Friedman has a theory on why the foreclosure crisis finally caught up to the rich.

“A lot of the people who got into the luxury market in 2005, 2006 were making their money from real estate,” he said. When the market crashed, so did their incomes.

Plus, just like the rest of the population, many luxury buyers took out adjustable-rate mortgages. Many of them have come due recently. That, combined with job loss and sinking home prices, led to an uptick in foreclosures of luxury homes.

That means hundreds of high-end homes sit abandoned. But that could be good news for those ready to buy. Homes and condos along the beaches and downtown condos are among the most popular luxury foreclosures, Friedman said.

Potential buyers of luxury foreclosures also don’t have to worry about trashed homes as much as buyers of lower-end houses. That’s because banks usually take better care of them, Friedman said.

“People are still living in them, maintaining them, so they’re not the deserted, desolate foreclosure feeling,” Friedman said. “They really are truly nice properties.”

That’s true, said Daren Blomquist, spokesman for RealtyTrac, which tracks foreclosure activity nationwide.

“It’s in the bank’s best interest to fix up the home and get in the best shape possible before trying to sell it,” Blomquist said. “That way, they may get a better price.”

Getting the best price matters even more, he said, when the homes are expensive. That’s why lenders often give owners of luxury homes more time to work something out.

“We find that with mortgages of more than $1 million, lenders wait longer to file for foreclosure,” he said. “By the time they foreclose, the mortgages are much deeper in default.”

That said, Blomquist said he’s noticed lenders of these million-dollar homes acting to foreclosure much more quickly this year.

“While this category of mortgages still has a low foreclosure rate, this category is also seeing the largest increase in initial foreclosure filings, compared to less expensive mortgages,” Blomquist said.

PoshForeclosure.com currently lists foreclosed homes that are for sale in Hillsborough, Pasco and Pinellas counties.

On the website there are estates that were listed at $1.5 million in 2006 and are now being sold for $500,000.

“All buyers are expecting great deals these days, and upper-end buyers are especially savvy,” Friedman said.

Copyright © 2011 the Tampa Tribune, Tampa, Fla., Shannon Behnken. Distributed by MCT Information Services.

How long is the wait to buy after foreclosure?

NEW YORK – June 28, 2011 –

A sluggish housing market has caused millions of homeowners to lose their home to foreclosure, short sale, or deed in lieu of foreclosure. But once these former homeowners get a better handle on their credit, how long do they have to sit on the sidelines until they can secure future financing to buy a home again?

As an article in The New York Times notes, “there are plenty of asterisks and conditions” when it comes to how long a borrower must wait after a “significant derogatory event,” like a foreclosure or short sale.

In general, however, The New York Times reports that the longest wait to buy again will come if there is a foreclosure in the former homeowner’s past.

Fannie Mae and Freddie Mac have a three-year waiting period following a foreclosure, and a two-year wait following a short sale, deed in lieu, or discharge or dismissal of bankruptcy. However, if borrowers can justify that the circumstance for the foreclosure or bankruptcy occurred because of an illness or job loss — or other “extenuating circumstance” — that may help reduce their wait. But with no such extenuating circumstances, these former homeowners may have to wait longer, even up to seven years following a foreclosure or four years after bankruptcy, the article notes.

For loans insured by the Federal Housing Administration, borrowers with perfect credit afterwards also will, in general, have to wait three years after a foreclosure and two years after a bankruptcy is discharged, The New York Times notes.

Following a short sale, borrowers will have to wait three years to secure another FHA loan — however, there are plenty of exceptions. Borrowers will have to wait three years if they were in default at the time of the short sale and had no extenuating circumstances. However, if the borrowers were on time with all their payments a year prior to the short sale, they may have no wait at all and might even qualify for an FHA loan immediately.

“The key is to avoid the foreclosure,” Andrew Wilson, a spokesman for Fannie Mae, told The New York Times. “That is what will help you be eligible for the shorter period.”

Source: “The Post-Foreclosure Wait,” The New York Times, (June 23, 2011)

© Copyright 2011 INFORMATION, INC. Bethesda, MD (301) 215-4688

Foreclosures put workers’ security clearances at risk

ORLANDO, Fla. – June 7, 2011 – Foreclosure means more than losing a house and ruining a credit rating for a select group of Central Florida property owners who rely on federal security clearances for their livelihood.

“Losing your security clearance is like losing your most marketable aspect for employment,” said real estate broker Travis John, a local distressed-property specialist who already this year has worked with about a half-dozen sellers facing the loss of their security clearances if their banks foreclose on their properties.

Bank takeovers have particularly harsh consequences for employees of Lockheed Martin Corp., NASA and other federal contractors and agencies in Central Florida. Depending on how a foreclosure is handled, it can cost a wage earner his or her security clearance – and job. And it usually takes years for such people to obtain a new clearance so they can work again.

“There is a very good reason for them to be concerned,” said Virginia lawyer David P. Price, who specializes in security-clearance cases after serving 25 years in the U.S. Navy Judge Advocate General’s Corps.

Price said he has seen the number of financial-related security-clearance problems double in recent years. Though no reports have closely tracked security problems tied to mortgage defaults, federal officials have noted an increase in revocations and denials of security clearances for financial reasons, such as foreclosure.

Debt is one of more than a dozen potential pitfalls for someone with security clearances, along with problems such as criminal arrests and drug or alcohol use. They can prevent a prospective employee from gaining clearance, jeopardize the clearance of an existing employee or stand in the way of an employee seeking a higher-level clearance.

Personal finances come into play largely because of concerns that a contractor or employee could turn to selling confidential information to generate cash for unpaid bills, Price said.

Most employees with security clearances are required to report mortgage defaults and other financial and legal issues to their company’s or agency’s security officer. If they don’t volunteer the information relatively quickly, Price said, it can come back to haunt them during periodic reviews of their finances.

“If you fall behind on the house today, you don’t necessarily have to report today, but take action as soon as possible to mitigate any concerns the government may have,” he said.

Struggling homeowners are better able to keep their clearances if they can document that their mortgage was a sensible loan that didn’t overextend them at the time. They also need to demonstrate that they have taken reasonable and responsible steps to terminate the financial obligation – such as arranging a “short sale” of the property – and that they won’t be burdened with substantial debt once the process plays out.

“There are lending institutions that will write off debt on foreclosures, but the short sale is the better way to go,” Price said, though he cautioned that a short sale – selling a house for less than is owed on the loan – can take a long time, increasing the chances of a foreclosure.

John, the local broker, said his clients with security clearance have been able to sell their homes in short sales and walk away with little or no outstanding debt.

One of them, a 24-year Air Force veteran who spoke only on the condition of anonymity for fear of further damaging her clearance, said she and her husband live in Maryland but bought a vacant subdivision lot in Polk County several years ago with the intention of retiring there.

“It wasn’t necessarily that we couldn’t pay for it,” she said. The problem was that the developer gave them a deadline to start building a home, and by the time that date approached, the property had lost much of its value. Meanwhile, the couple’s Maryland house was “underwater,” meaning it was worth less than the mortgage on it.

“Basically, my livelihood was at stake, and I was looking at not taking care of my family and not making it to retirement,” said the woman, who has experience processing security clearances.

The couple worked with John to list the property as a short sale and continued making payments until they had a purchase offer. Expecting a sale, they stopped making payments, and their lender initiated foreclosure proceedings. At that point, the Air Force veteran said, she confided to John what was at stake if the bank took the property.

The land recently sold in a short sale, and the woman kept her clearance.

“I needed to take steps to prevent what could have happened,” she said during an interview last week. “I knew that nothing good could have come of it.”

According to a General Accounting Office report filed earlier this year, federal security officials have seen an increase in financial problems among workers with clearances, particularly problems with mortgages and foreclosures, though they did not report specific figures.

In Las Vegas, another U.S. metro area hard-hit by foreclosures, one survey found 740 airmen underwater with their mortgages. Two-hundred sixty-three reported they were unable to sell their homes, and 30 were in some stage of foreclosure.

The U.S. Defense Department’s Office of Hearings and Appeals is one of the few government agencies that report security-clearance revocations and denials. From January 2006 through June 2010, it reported considering about 70 security-clearance appeals involving foreclosures and other distress sales. Clearances were revoked or denied in 62 of those cases, according to one Washington lawyer.

Once a clearance is denied, the employee will lose his or her job, Price said, and must begin searching for a prospective employer that will sponsor that person for another security review.

“When your clearance is denied or revoked, it literally can be two years before you’re able to get clearance,” Price said – and that is under the best of circumstances.

Copyright © 2011, The Orlando Sentinel, Fla., Mary Shanklin; Knight Ridder/Tribune Business News. Distributed by McClatchy-Tribune Information Services.

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