Short Sale Update 7-2-10

Posted on 02. Jul, 2010 by ctlms in Foreclosures, My Blog, News, Real Estate, Short Sale

The Good the Bad and the Holiday

In this issue I have a few industry updates.

The Good

1. President Obama today signed into law the extension to the closing deadline for the first time home buyer tax credit extending the deadline to the end of Sept that were under contract by 4/31/10.  According to NAR this will save nearly 180,000 buyers from the losing the credit due to financing and short sale review delays.

1. Short sales still prove to be a better alternative to foreclosure for the lenders bottom line.  According to a resent RealtyTrac report Short Sales net and average 19% higher return to the lender than foreclosure.  Short sales averaged sales prices of 15% below market value while foreclosures net 34% below market value usually due to the deteriorated condition of the property after it has been foreclosed and vacant for some time.

The Bad

1. Pending home sale tumble 30% in May.  That's right, in the month after the first time home buyer credit expired, pending home sales dropped 30%.  This shows just how important this incentive has been to the real estate market.  Keep in mind though that some of May's sales we stolen by April by buyers trying to meet the deadline.

2. So far we have seen virtually no change from the implementation of the HAFA short sale process.  In fact of the 70 short sales we are current negotiating, only 2 qualify for HAFA.  The biggest reason is that FHA, VA and until just a couple weeks ago, Fannie Mae and Freddie Mac loans did not qualify.  Fannie and Freddie do now participate in their own version of the HAFA program but their servicers do not have to begin accepting those applications until 8/1/10.  Also the 2 short sales that we are working through this program have already shown to be taking longer than that lenders normal short sale review process.  One of the biggest selling features of this new program was supposed to be the reduced review time they take.  NOT!

The Holiday

Enjoy it.  Take a break.  Relax.  I have no choice in the matter, as Bank Holidays are my holidays, for the most part.  I have some paperwork to do on Monday to prepare for the short week.

Remember to thank your service members.

Have a great Independence Day!

Sean Wilder

Short Sale Update 6-10-10

Posted on 10. Jun, 2010 by ctlms in Foreclosures, Real Estate, Short Sale

Well it has been quite a while since my last post. We have been very busy with all the short sale files we have and I just have not had the time to blog.

Notice my Blog is now Part of our new website and short sale processing system. They are no longer separate sites.

There have been a few changes in the industry since my last post. Kinda..

The new HAFA program for short sales has been in effect since early April and I have to say that of the over 60 active files I have, only 1 has qualified for that program so far.

As of Tuesday June 1 Fannie Mae and Freddie Mac loans now qualify for a slightly altered HAFA program but servicers are not required to implement until 8/1/10. As of Yet the national servicers that are accepting HAFA short sale applications for the other qualified loan types are not doing so for Fannie and Freddie loans, yet.

So I cannot report on the "success" of this new program because I have seen none.

Also there seems to be more and more short sale files being submitted to the lenders as with nearly every lender we deal with, the hold times, assignment times and processing times are getting longer and more arduous, not shorter and more streamlined.

It's business as usual at the lenders.

So as always, expectations are huge with short sales. We cannot sugar coat the facts to get a buyer to make an offer on a short sale. We cannot tell them it will be quick when we know it will most likely be at least 90 days with most servicers. But if we are clear with the buyer and they are on board with waiting because they want the house, then there should be no reason the them to get antsy and bail out after only a few weeks. Though unfortunately that does still happen.

On another note. For those agents we are actively working with, and those submitting short sales to us in the future. Our new website has some added benefits to you and your clients.

Our website is integrated with www.PropMapr.com. When submitting a file to us through our site you can add all the property information and pictures. And listing the status of the property as "for sale" your property will display on PropMapr.com. In the next few weeks this site will start syndicating out to other sites such as zillow, trulia, etc and a host of other sites. So get those details updated and you and your client will benefit from this free extended internet advertising.

If you don't know or remember your login information for our site, because you have always just emailed or faxed in the documents, send me an email and I will get it to you.

That's all for this update. Have a great Fourth of July.

Sean Wilder

Short Sale Update 3-31-10

Posted on 31. Mar, 2010 by ctlms in Short Sale, foreclosure

Changes are coming to the short sale world!

It has been quite a while since my last blog post.  We have been extremely busy and are currently working with over 50 sellers and their agents.

I am sure that many of you have heard about the new HAFA or Home Affordable Foreclosure Alternative program that is coming in April. So I thought I would shed some light on it.

What is HAFA?

HAFA is a set of directives that for HAMP participating services to comply with that standardizes the documents and procedures for reviewing a short sale.  It also allows a homeowner to apply for a short sale prior to listing the property or having a contract.  If the seller has a SSA or Short Sale Agreement in place it will state the allowable net proceeds from a sale or the approved listing price and allowable closing costs including the commission.

The sellers must be HAMP eligible.

You may have heard that the commission cannot be reduced below 6%. This is not true!

If the seller applied for the program before a purchase contract is received, the servicer can specify the approved commission and it can be lower than 6%.  However, if the RASS or Alternative Request for Short Sale Approval is used after a contract is received and a SSA is not already in place, the commission listed in the listing agreement cannot be reduced below 6%.

Other highlights of the program are:

  • Full release of liability for the seller
  • $3,000 moving incentive for the seller
  • 10 Business days for approval if an SSA is already in place
  • Minimum 45 days for buyer to close

Hurdles that still exist;

  • FHA, VA, Fannie Mae and Freddie Mac loans are not eligible, they have their own programs
  • Second mortgages and liens must still approve and can only receive a maximum of 6% of their principal balance and must release the seller from liability.  Most seconds are currently demanding at least 10% and often leave the seller liable for all or part of the difference.
  • Mortgage insurance companies must also agree.  Again, PMI companies have been routinely asking for cash or promissory notes from the sellers but are bared from doing so under HAFA. Will they agree?
  • The seller may be required to give up the house in a Deed-In-Lieu if it does not sell in 120 days.  It is still debated if this has credit consequences as bad as foreclosure.

So as much as this has been touted as the "silver bullet" to the issues we have been facing with short sales, it may not be.

The program is voluntary for non HAMP participants.

The VALUE is still the key.  If the value comes in higher than what the market is really willing to pay now, an offer will never be approved.  Add to it that if the seller applies on their own, before contracting an agent, there will be no one there to try and make sure that the person evaluating the current market value of the home has every shred of evidence relating to it's current value.  The BPO has been the biggest killer of short sales. It could get even worse with this kind of program.  In a declining market and with many BPO agents coming from outside of the market we have routinely seen BPO values come way above where any of the offers are.  We have even seen appraisals come in above the listed price or at a price that the property has been listed at for months.  If it were worth that, there would be offers!  Doesn't that make sense?

As much as I pray that this program streamlines the system and reduces the backlog, I doubt it.  We will still be dealing with the Chase's and Bank of America's that have been a thorn in the system from the beginning.

It will just be another day in the office for those of us that negotiate short sales every day.  The lenders already ask for the same documents.  So what if they look a little different.  Even in this program they are allowed to alter the documents.  So one servicers documents will not be the same as the next.

They are also allowed to implement the directive "in accordance with investor guidelines".  What does that mean?  You got me.  Servicer already review short sales in accordance with the investors guidelines.  So how does this change anything?

The only thing I can say that may be 100% positive is that the Gov't will be paying the servicer incentives to get these done.  Of course if you pay taxes you may not think that is a good idea. But it "may" grease the wheels a little.  I say "may" because $1,500 is peanuts to these guys.   I have seen offers rejected because the offer was less than that below the acceptable net proceeds.

Let's all keep our fingers crossed and I'll get back to you in a couple months and we'll see if this changes anything.

Keep in mind, FHA has had a VERY similar program since the 90's and just the other day I called a major servicer, Citimortgage, and they told me they had never heard of it.  Typical!


Have any other questions on foreclosure or short sales?  Think you and your fellow agents could benefit from an office visit from us?  Give us a call or email us for more information about our office visits.  They’re free and always informative.

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As always Visit the Ask The Expert Page to leave your questions or contact Sean Wilder directly if you need immediate assistance at [email protected] or visitwww.CTLMS.com