San Jose Short Sale Agent: Silicon Valley Foreclosure Prevention Specialists

They say celebrities are just like us, except richer, better looking and skinnier.  Perhaps.

What is indisputable, however, is that they are not spared from suffering through falling property values and other economic hardships so many Middle Americans are suffering through today.  Many of these athletes or celebrities bought when they received their big paychecks, then fell behind on their payments when times became more difficult.  The amount of money involved may be greater, but the situations of underlying economic hardships are similar.

The list of celebrities who are utilizing short sales to avoid facing foreclosure is increasing; it includes such names as:  Terrell Owens, R.Kelly, Jamarcus Russell, Chris Tucker,  Carnie Wilson, and several Reality TV stars.  The list continues to grow.

Most of these highly paid athletes or celebrities have business managers, lawyers and accountants advising them and otherwise looking out for their financial interests.  If celebrities are doing short sales on their multi-million dollar homes because that is a better outcome than foreclosure, why wouldn’t it be good for the average homeowner?  What’s good for the goose must be good for the gander, right?

The chasm between the lifestyles of celebrities and those of Middle Americans seem to be shrinking.   Just as not every homeowner is facing foreclosure, not every celebrity is in the same situation.  However, just like Middle Americans, now celebrities who have fallen on hard times are choosing short sales over foreclosures.  A reversal in trend, where celebrities are now doing things Middle Americans  first made popular.      

The San Jose Short Sale Agent  shouted with glee today to celebrate the victorious outcome of a family which was able to successfully fight its battle against foreclosure today, as I was feeling proud and victorious.  The family which had endured the humiliation of being turned down for a loan modification by their bank, feeling they were without recourse, had come to me only two months ago to try a short sale as their last hope.   They felt they were at their wit’s end.   They came beaten and  humiliated.  It was bad enough they had to live through the indignity of unemployment which triggered their horror story, but their bank had refused to modify their loan or otherwise assist them.

But today they were victorious because the same bank which refused their loan modification request, had approved their Home Affordable Foreclosure Alternatives Program (HAFA) short sale and were willing to pay them $3,000 to help with their relocation costs and also had going to pay nearly $4,000 to pay off their HOA delinquencies and additional funds to pay off their delinquent property taxes.   Unlike two months ago, now the family felt they were getting vindicated.

That joyous feeling lasted a few hours as I read this  article today describing a different outcome for a person with a similar hardship which is headed towards a different outcome.   I obviously do not know the full details of Darlene’s situation besides what was described in the article below.   However, what I do know is that she was unemployed, suffers from cancer and fell behind in her payments which led to her foreclosure.

Typically three things have to be present to qualify for a short sale approval:  1) hardship (typically economic hardships) ,  2) monthly income short fall (meaning more goes out than coming in)  and 3) insolvency (meaning no assets).   In Darlene’s case, she certainly would have met the hardship (cancer plus unemployment);  the article mentions she is living on pension, social security and unemployment so I would assume she had a monthly short fall and probably did not have much assets set aside.   She certainly sounds like she would have been a good candidate for a short sale.

Additionally, if  this were her only home (primary residence), and as she was obviously delinquent on her mortgage payments and her unemployment and other income sources would probably have resulted in her paying more than 31% of her monthly income, there is a good chance she would have qualified for a HAFA short sale as well as Wells Fargo participates in that program.   If she qualified for a HAFA short sale, then she would have received $3,000 relocation assistance and up to $6,000 to pay off her second loan, if she had one.   Rather than being evicted with nothing to  her name or perhaps a small stipend – otherwise known as cash for keys – to get her out, Darlene could have saved herself the humiliation of being evicted from her home of 41 years and walked away knowing that she would have settled her debts with Wells Fargo and other lien holders.   She could have walked away selling her home with the bank’s blessing plus money in her pocket, rather than having the bank evict her and her neighbors of 41 years watching this happen.

The unfortunate aspect of this tragic story is that Darlene probably did not know that the HAFA option was available to her.   People in Darlene’s demographics do not often have the benefit of being able to research alternative options to foreclosures on the internet and take advantage of those solutions and the accompanying benefits like my clients did when they reached out to me two months ago.  Both of these people had similar hardships – unemployment (but Darlene’s case was worse because she also has cancer which was probably rapidly draining her bank account) – yet the outcomes will be dramatically different and each of these families will be celebrating the Holiday Season this year  in different states of minds.   It did not have to end this way for Darlene except that she was unaware and regretfully no one around her had given her the requisite  information.

If you are reading this blog entry, please share what you have read, so that people like Darlene do not have to suffer through foreclosures due to lack of knowledge regarding alternative options.   Please tell your grandparents, parents, neighbors or others who may be unable to surf the net for answers that there are alternative options to foreclosures; they don’t have to endure the humiliation of an eviction.  Please share with them that there is a Federal Government designed program to help out people facing foreclosures by offering them different alternatives.

 
San Jose Foreclosure Case is Both Tragic and Complicated

There is enough information floating out there for everyone to know that foreclosure can be devastating with many negative repercussions in our lives.  Most who are in this situation will have to endure numerous adversities:

1. Having your foreclosure show up on public records for 10 years
2. Having to declare your foreclosures on all future loan applications
3. Deficiency claim exposure to the lenders for their loss
4. Dramatic decrease in your credit score
5. Being unable to qualify for a new home purchase for a minimum of 5 years

Besides these misfortunes, there is now another very troubling consequence which is especially onerous in these difficult times when people are looking for jobs.  In California where the unemployment rate is still above 11%, people seeking jobs need any advantage they can muster up to gain an edge over other job seekers.  If they had to endure foreclosures, it seems now the cards are further stacked against them.  It’s bad enough that a person would have lost their home to foreclosure, now that unfortunate circumstance may prevent them from getting a job.  Here is another reason to choose Short Sales over Foreclosure for homeowner who are having trouble paying their mortgages.

We’ve been told by our researchers at CDPE for a couple of years now that employers were using foreclosure records to eliminate candidates, but the attached video and article puts some hard data behind the warning.   According to the video, it seems 60% of employers are now pulling credit reports on all employment candidates and using the information in their screening and hiring decisions.

Can Bad Credit Keep You From Getting a Job_ – CBS News
In California, Governor Brown just recently signed AB 22 which prohibits employers from using credit reports in their decisions to hire employees, with some exceptions as mentioned in the video.   It states:

“New Labor Code section 1024.5 limits when private and public sector employers, except for financial institutions, lawfully can use consumer credit reports in connection with hiring and personnel decisions. Specifically, employers are permitted to use consumer credit reports only if the individual is applying for or works (or will work) in the following positions:

• a managerial position (as the term elsewhere is defined by California law);
• a position in the State Department of Justice;
• a sworn peace officer or law enforcement position;
• a position for which the employer is required by law to consider credit history information;
• a position that affords regular access to bank or credit card account information, Social Security numbers, or dates of birth, provided, however, that the access to this information does not merely involve routine solicitation and processing of credit card applications in a retail establishment;
• a position where the individual is or will be a named signatory on the bank or credit card account of the employer and/or authorized to transfer money or authorized to enter into financial contracts on the employer’s behalf;
• a position that affords access to confidential or proprietary information; or
• a position that affords regular access during the workday to the employer’s, a customer’s or a client’s cash totaling at least $10,000.”

It  seems there are a lot of  jobs that fall into these exception categories, as any type of customer service or  financial institution jobs or law enforcement jobs or any managerial positions  would seem to fall within the scope.  During these difficult economic times, interviewing prospects would probably would want to eliminate  any obstacle which would prevent them from getting on the short lists of candidates being considered for positions.  Having a foreclosure show up on your credit report and the employer questioning your integrity or reliability would certainly not be helpful in getting on that short list.

A prospective client came asking for help.  She had a short sale specialist working on her case for over a year.  The thing was, this agent was not even local (from San Diego) and would only tell her that things were going well for well over a year; not much communication, just that things were OK every few months.  The distance probably had something to do with the lack of continual communication.

Only recently, did she receive a call from him saying the lender would not be approving the short sale and would now be foreclosing. This came as a complete shock to her.  This was obviously a case of dual track foreclosure or simple negligence on the part of the agent.  She said the agent was basically backing out and telling her that he could no longer help her.  She wanted to know if I could help by replacing him.

It’s easy to wonder why someone would simply trust an agent for over a year and not ask questions or demand that she be kept apprised of the status of the short sale more frequently than a few times a year.  I pulled up the county record to see how much time was remaining on a Notice of Trustee Sale (NOT) and to see if we could save the short sale.  My search found that the NOT was filed over 3 months ago.  I needed to get more information.

I asked her to get a copy of her file since the agent was essentially firing himself and I needed to know what type of communication had been initiated and what the lenders had agreed to in writing.  I also asked her to get me a copy of the NOT to find out the attorney service handling the sale.

After a week or so, I followed up and not surprisingly, she got nothing from this agent.  Nothing in writing.  Not a copy of the NOT; not a rejection of the short sale letter from the lender; not a copy of the short sale package that was submitted on her behalf; not even a cancellation of the listing agreement; nothing.  Only words.

I wanted to help her, but with no documentation and only verbal statements, I could not commit myself to help her out of her predicament.  Given her particular situation, I seriously doubt anyone could help her with no documentation of what had happened before and being asked to step in only with the verbal understanding that foreclosure is imminent.

How could this individual have avoided this type of crisis?  I’m not going to go into allegations here without seeing any documentation, but it seems like the agent who professed to be a specialist perhaps was not so experienced.

I believe she did not have to be in this situation.  The best way to have avoided this crisis, in my opinion, was for her to have done her due diligence when hiring someone to help her out initially.   You really do not get a second chance when you are dealing with foreclosures.

First, she should have hired someone locally rather than someone who is 500 miles away to market and sell her home.  From what was described to me, he really didn’t know the local market and did not price it correctly nor put in a lot of effort to get it marketed correctly.  If she were not getting answers, she could have dropped in on a local agent to demand answers in a more timely manner.

Secondly, she is a young computer literate woman; she should have done some research into who she was hiring.  After all, she found me online.  She should have Googled the person’s name and see what was said about the individual.  She may not have gotten everything she needed, but she would have discovered if someone were alleging bad service or worse.  People may not write nice things about you, but if they felt mistreated, they will let the world know, from my experience.

Please distressed homeowners, do your due diligence before hiring someone to help you.

This is one thing I advise all of my clients who have HOA (Home Owner Association)  payments: please do not fall behind on HOA dues.  HOAs are playing hardball and much harder to negotiate with than lenders.

As a matter of fact, I have one right now, where we are dealing with the attorneys that the HOA hired due to back dues not being paid.  It is a sticky mess with threats and the attorneys demanding fees and refusing to settle for less, etc…

Richard provides an excellent breakdown and it is actually happening to one of my clients as he described in his post.

Steve

Ask a San Jose Short Sale Agent like myself what the biggest potential headache in trying to get a short sale completed is, and I will bet the single most repeated response is the impatient buyer walking out in the middle of a transaction.   There is nothing as troublesome as working for weeks and months to convince a lender that the perfect buyer will close escrow and stop the foreclosure process, only to have that heroic buyer say they are moving on to another property or they are just tired of the waiting and want to take a break.

We listing agents try to overcome this havoc by having back-up buyers in place, however, the short sale apporval system was designed so that if the original buyer backs out, even if you had a back-up buyer in place, you would have to re-start the entire process.  Most of the time, you will be assigned to a different negotiator and the whole process which could have taken months, start over from zero.  And even if you had a willing back-up buyer who was extrememly excited, once they had been in back-up position for several weeks or months, they also lose interest or go out and buy something else.

The problem is the system, that triggers a “re-boot” if you will, when the buyer walked away.  The underlying hardship which caused the property to become distressed did not change; the verification of the financial condition did not change; the market condition did not change; the only thing that changed is the buyer and sometimes you can get the a buyer willing to pay the same amount.   So why have the whole process repeat? There is no rational purpose in starting from zero when a lot of the other procedures would have progressed.

Well, today Bank of America announced something which breaks from this ridiculous tradition and permits a back-up buyer to slide right in without having to start the whole process over.   Kudos to Bank of America. They are definitely going in the right direction and are living up to their declaration more than a year ago on their stance on short sales and whom they consider to be the clients in the process.  They are focusing on making the process go smoother, not just follow the trend.

As Bank of America is utilizing Equator to accomplish this, hopefully the other lenders and servicers who use the same system will follow suit and also do the rational thing.
BofA Announcement

We discussed previously, the Notice of Default (NOD) which is essentially the first step in the foreclosure process.  You are officially put on notice and have certain timeframes which will dictate the process by which the home will be separated from the homeowners.

After the three months or 90 days which are given to cure the default, the next step is the filing of the Notice of Trustee Sale (NOT or NOTS).   This is otherwise known as the Auction Date or Auction Sale where the home is sold to the highest bidder at the steps of the County Court House.  If a homeowner were unlucky, they may receive this simultaneously as their loan modification is being rejected – a victim of dual track foreclosure.

Sample NOTS
As you can see, the instrument is used to answer the following:  a) how much is owed after penalty and interest, b) who is owed this money and c) where the auction will take place.  It is sort of the Who, What and Where of the foreclosure process.

This is the last step in the foreclosure process.  The homeowner can stop the foreclosure process by paying the full amount listed there before the sale date; or seeking alternative options like a short sale or deed in lieu.  When you receive this notice, you really must act fast.

You hear the term all the time.  Notice of Default, (NOD).  If you google the term, you get pages and pages of definitions and suggestions on what to do.  But after reading all of the material, could you identify it if you saw it?

As the San Jose Short Sale Agent, I try to explain the significance of this document and try to describe what the documents looks like to my clients, but most cannot visualize it.   However, I don’t blame them, because even for me, in order for me to learn or absorb something: I need to see it, feel it or experience it before it will register in my brain.  I supposed we are all the same in this regard.

Instead of always trying to describe this document, I decided I would show everyone a sample.  This way, they will know when the official foreclosure process has begun and certain timelines have been established.   This is when things get very serious.

Sample NOD
As you can see from a real NOD from one of my clients (relevant information removed), the document simply identifies three things:  a) how much do you owe, 2) to whom do you owe said money and 3) when the sale date (a.k.a. auction date)  can take place if said money is not paid.   If the default amount is not paid by the end of 90 days, then the agent of the beneficiary can file a Notice of Trustee Sale (NOT or NOTS), which will describe when and where the property will be sold.

If you see one of these documents in the mail, then it is time you seek help from someone who can stop the foreclosure process.

Miraval Homeowners, are you or someone you know having financial hardship which is preventing you from keeping up with your mortgage payments?  Have you been turned down for a loan modification?  Do you know if you were a victim of dual track foreclosure? Do you need help?

You are not alone in your struggle.  1 of 7  homeowners are cannot keep up with their mortgage payments and faced with uncertainty as to what to do.

There is help out there for you.  Depending on your situation, there are Federal Government approved programs which may even provide you with $3,000  assistance to help you move and another $6,000 to pay off a second mortgage during these dark days.  Find out more about your options.

We have helped many homeowners, and your neighbors at the Miraval as well, escape from their stifling situation.  There are solutions available to you.  Let us help you.   Learn about your options.   Move on with your life.  Not doing anything is not an option.

Please contact us for a no-obligation consultation.

www.sanjoseshortsaleagent.com
650-605-3188

We get all kinds of requests and questions about who can qualify for a short sale.

Many people, due to unforeseen hardships, are unable to make their mortgage payments are able to qualify and get the needed approvals.  However, because the short sales are becoming such a large part of  real estate transactions and all participants are trying to standardized the process through the  HAFA  program and because  HUD, a government agency,  oversees and encourages the utilization of short sales, not everyone will qualify.

Simply put, if you have been convicted of certain financial misconduct, most lenders who participate in the HAFA program cannot permit a short sale to be approved.

Below is the Dodd Frank Certification which is a part of the JP Morgan Chase’s  Short Sale package.    If you answer yes to any of these offenses, you are ineligible to receive any benefits that result from a short sale approval.

Dodd Frank certification