San Jose Short Sale Agent: Silicon Valley Foreclosure Prevention Specialists

With more and more properties on the MLS being a distressed property and for those buyers utilizing an FHA loan, who may find themselves making an offer on a property that may need some TLC, they can utilize a companion loan called the FHA 203K.

Typically, the FHA borrower may not have sufficient funds set aside to deal with repairs, hence this program is available for those specific needs.

Here is an excellent post by a fellow blogger and Mortgage Broker, Bill Ladewig,  discussing the multiple uses of the  FHA 203K loan.  A great product

SM

Rebuild this home with a FHA 203(k)

One loan finances the purchase and improvements. The FHA 203k includes the cost of rebuild, rehabilitation or home improvement in a purchase or refinance loan.  .

The 203(k) is a great marketing tool for real estate agents that provides added value.

While it is a great tool to rehabilitate trashed REOs it also can be used to upgrade homes.

The primary criteria are: the improvement is a permanent part of the real estate and the improved home’s value must be comparable to similar homes in the neighborhood.

There are many uses for the 203(k)

• Rebuild
• Rehabilitate
• Remodel kitchens and bathrooms or…
• Add Rooms
• Move homes to new lots. •
  • 203k cannot be funded until home is permanently secured to new foundation.
• Start with an existing bare foundation and build a new home.

Underwriting guidelines for borrower are the same a regular FHA

• Must be owner occupied
• There are no borrower income limits.
• No purchase price restrictions
• Subject to local FHA loan limits.
• Borrower’s minimum investment is 3.5%

FHA 203k are not overly complicated.

The final loan amount will be 96.50% of the purchase price and cost of repairs plus a contingency pad

The purchase contract is written based upon the purchase price.  I suggest, to avoid seller confusion, the purchase offer loan amount to be 96.50% of the purchase price with a notation the loan amount will be increased based upon repair costs.

Once the offer is accepted repair bids are prepared by licensed and bonded contractors.  If the bids are over $35,000 a FHA 203k inspector must review the property and bids; below $35,000 no FHA inspector is required.

• Purchase price plus construction costs CANNOT exceed the value of comparable homes in the area.
• The contractor must understand the bid must be accurate because there will not be any additional money available.

After the construction bid is accepted, it along with the purchase contract is sent to the FHA appraiser.

The time to complete a FHA 203k is dependent on the time required to prepare the construction bid.  Once the construction bid is accepted the time to close is the same as a regular FHA loan.

Education is Consumer’s Only Real Protection.

• What You Should Know About APR
• How To Shop for Mortgage Rates.
• Beware of Misleading Lender Advertising
• Education is the best consumer protection
• Rates and Point Relationship Explained

Bill Ladewig

800.664.7283 (SAVE)

Bill@YourFhaGuru.com

Website

Why would banks agree to a short sale when they know they are going to be losing money?  This is the question I get posed to me frequently.  My answer: it costs them less money than to foreclose on a property; lenders’ primary responsibility is to mitigate their losses. Once we understand that, then the concept of a short sale is really not a mystery.

When you speak with short sale negotiators and other people in the industry, it is common knowledge that banks make more money when the sale is completed through a short sale, rather than permitting a property to go into foreclosure.  This was the unspoken truth that everyone acknowledged but no lender published any data to support or deny these truths.  Not having published data can be problematic for bloggers, as  postings are much more credible when there is data to support your contentions, rather than anecdotal evidence.

Today, for the first time, I discovered published data which sheds light into the true disparity between homes that are disposed as short sales vs. those disposed as REOs after returning to the lenders after foreclosures.    Short Sales net the banks between 13-26% more than REO sales according to Clayton Holdings after conducting a 6 month survey conducted between October 2009 – March 2010. (I’ve heard some higher numbers from other industry insiders).

13-26% is a nice tidy bag of cash for the lender holding those underwater mortgages; fantastic job of mitigating their loss.   And people still wonder why short sales are approved.

The announcement of HAFA in April was supposed to change the way we do our business for those of us who do a lot of short sales.  Not because it was supposed to revolutionize the way short sales were done, but because it was going to be the Federal Government stepping in and trying to standardize the process of how to complete a short sale.  In the lawless world of short sales, that was like a cool breeze on a hot sticky day: very much welcomed.

Many naysayers poo poo’ed the program, saying it was never going to fly and that lenders would not abide by the terms because it was not in their favor.  But you know, there always will be naysayers whose job it is to simply criticize any new idea that comes along which challenges the status quo.

Yes, there are still glitches in the system and many employees of banks do not understand or have not been trained in HAFA and we get to deal with a high percentage of them who are not helpful.  However, an announcement made last night will resonate and have long term impact on the dynamics of the distressed properties marketplace, in my opinion.

Matt Vernon, the executive in charge of short sales and REOs at Bank of America (BofA) announced that institution will now focus on short sales to liquidate their assets before they get into foreclosure.  “We’re going to do everything possible to liquidate property prior to foreclosure,” Vernon said. “REO will still be available, but we will do everything we can to do short sales.”   This is wonderful news for consumers as their underwater properties can be disposed of without having to be forced into foreclosure and devastating their credits.  This is also good for banks because industry surveys have shown that nets proceeds to banks are significantly higher when short sales are utilized as compared to REOs.  BofA is of course is still in the business of making money and has chosen a profitable method, but this method also benefits the homeowners as well. And with all of the loan modifications applications out there, and the unfortunate reality is that a large percentage of those loan modifications will default and end up on the foreclosure circuit.

Mr. Vernon has spoken previously and have been pushing for the notion of short sales taking a more prominent role at BofA. BofA was suffering  from backlash on their Loan Origination business as a consequence of them developing a notorious reputation in the short community as being difficult to work with.  This move will be followed by other banks in my opinion, like airlines follow and match fares when one major player comes out and takes a stand.

HAFA may not have lived up to the expectation people had about its efficacy in making  short sales easier to handle or process, but what it has done is provided an environment where a big player like BofA can come out and concentrate on short sales as a major tool to unload their real estate portfolio.  This move on the part of BofA has now pushed short sales out of the niche market and pushed it into the mainstream, making it easier for consumers to get short sale approval, and hopefully quicker too. Now here is truly a win-win solution for all involved parties.

It has been a little over a month since the long awaited HAFA program was rolled out.   Most larger institutions and loan servicing companies have signed on to voluntarily participate in the program.  It is truly a win-win for both the lenders and the borrowers.

One of the biggest benefits of a HAFA approved short sale is the cash contribution component to the homeowners for their moving expenses.  This was commonly called Cash for Keys in the REO world, and now it is available to the short sale world as well.

HAFA, HAFA, HAFA.  What is it exactly and why are so many people talking about it and why is April 5, 2010 an important date?

For those who have been following the foreclosure prevention solutions like  loan modification and short sales, this  a critical program which will impact their lives in a major way.  This is the Federal Government’s effort into stream lining and standardizing the short sale process for those borrowers who do not qualify for loan modifications through the HAMP  program. The Treasury is obviously concerned about the proliferation of distressed properties in the real estate market and how they affect the overall health of the economy.  April 5, 2010 is when HAFA goes online.

Remember, short sales that do not successfully get approved  end up on the auction block and if they are not sold there, turn up as the neighborhood eye sore in the form of an REO (Bank owned) properties.   If you are a homeowner, the last thing you want is for an REO to turn up on your block as it will set the bottom range of your home price.   Both Short Sales and REOs negatively impact your neighborhood prices, but  short sales often fetch higher selling prices because they typically have homeowners living there and taking care of the  property which means they show better and are in better condition than REOs; the latter are vacant and many times have been vandalized by the homeowners.   REOs are like the black sheeps of the  family that no one will invite to the party.   Everyone’s collective goal is to prevent more REOs from hitting the real estate market.

What is HAFA?

The Home Affordable Foreclosure Alternatives (HAFA) Program is a government-sponsored initiative led by the US Treasury Department assisting all Home Affordable Modification Program (HAMP)-eligible homeowners in avoiding foreclosure, specifically through short sales or deeds-in-lieu. First introduced November 30, 2009 in Supplemental Directive 09-09 as part of HAMP, HAFA assists eligible homeowners in quickly and effectively implementing short sales by providing financial incentives to lenders that work in conjunction with HAMP to assist homeowners in need. The program was introduced in part with the intent to remove the stigma from short sales and help keep communities from being destroyed through massive foreclosures. HAFA in its current state is only applicable to conventional-type, non-Governmental Serviced Enterprises (non-GSE) mortgages and therefore does not apply to loans owned or guaranteed with Fannie Mae or Freddie Mac. These organizations may have plans to release their own versions of HAFA.

Details of HAFA

HAFA was introduced to simplify and streamline the short sale process. HAFA accomplishes this in the following ways:

• Compliments HAMP by providing viable alternatives for borrowers who are HAMP-eligible
• Utilizes borrower financial and hardship information collected in conjunction with HAMP, eliminating the need for additional eligibility analysis
• Allows the borrower to receive pre-approved short sale terms prior to the property listing
• Prohibits the servicer from requiring, as a condition of approving the short sale, a reduction in the real estate commission agreed upon in the listing agreement
• Requires that borrowers be fully released from future liability for the debt
• Uses standard processes, documents and timeframes
• Provides financial incentives to borrowers, servicers and investors

HAFA provides financial incentives as follows:

• Financial incentives for lenders participating in the program include up to $6,000 (updated March 26, 2010; was previously $3,000) servicing bonus upon completion of a short sale or deed-in-lieu
• Homeowners qualify for $3,000 (updated March 26, 2010; was previously $1,500) in Borrower Relocation Assistance after a short sale or deed-in-lieu has been executed (may classify as taxable income in some cases
• Lenders pay all servicing fees — homeowners suffer zero out-of-pocket expenses

Part 2 of 3 – Who is eligible for HAFA

This is an excellent article about the general overview of how short sales are reaching into the mainstream of the real estate industry.

The article, however, leaves a false impression that the REO listings are receiving more money because they close at 99% compared to 91% for short sales. However, there are plausible explanations for the differences in those two closing ratios.

1.  Short Sales generally have to start off at market price and require systematic price reductions which must be justified to the lenders for them to agree to the sale. Because buyers want deals but the lenders want to start with market price, price reductions are inevitably built in to the process.  Whereas in a REO, the bank and its accountants have pre-determined their bottom-line net price, which is typically below market rate.  Because they are dealing with bottom-line net prices, the banks will rarely agree to accept prices that are far off their list price, if at all.  By contrast, there is a bit more latitude in negotiating price in a short sale.

2.  In addition to having to start off at market price, comparable short sales generally list at a higher price point because owners typically live there and take better care of their homes where their family still resides; compare that to an REO where the owners often destroy many components of the house during the eviction process.  Short sales show better so are also more popular because they are closer to move-in condition that REOs.

So despite the impression that short sale properties receive less money, the reality is that short sale properties, sell at higher price points for comparable properties, yet close at a lower ratio relative to list/sold price because of the lenders demands to list at or near market price.

It is quite common to hear about the emotional responses of homeowners facing foreclosure.  I have personally seen many bank owned homes (REOs) where all of the cabinets were torn off the walls, every single door knobs was stolen, walls were peppered with holes and carpets were soiled with who knows what…..

I suppose these were often the emotional responses of perfectly rational homeowners having irrational responses upon learning that their lenders would force their family out of their homes and try to sell their homes at auctions.   I imagine I would not react in such drastic ways; but who knows how one would react unless one were in the other person’s shoes?

Well, here is a homeowner’s reaction to a foreclosure notice………

Until January 31, 2010, it is forbidden for a property to be purchased using an FHA loan if the property had been owned by the seller for less than 90 days (unless you are a bank trying to unload an REO property).  In a nutshell, it was very difficult for buyers to purchase a home which was remodeled for a flip by an investor; or simply from an investor who just purchased it with the intention of re-selling it quickly.    (We won’t get into the rationale behind the prohibition here today.)

Given the amount of interest in the marketplace for first time homebuyers trying to use the tax credit incentive to finance their first purchase, it was quite challenging to find good properties for buyers to purchase here in Silicon Valley.  This also contributed to lots of properties receiving multiple offers.

As of February 1, 2010, that prohibition will be lifted for one year.  (Click here for the specifics).    Now buyers using FHA loans (which according to some stats say represents up to 40% of all financing) can have access to a source of properties which was not available until now.

This change should: 1) encourage investors to purchase more properties from distressed markets knowing they can turn around and sell them immediately without incurring additional carrying costs and/or 2) encourage FHA buyers to purchase more properties from these investors.

Either way, this act along with other proposals should help deplete the inventory of distressed properties out there, so we can more quickly lead back into a normal housing market.

http://www.mercurynews.com/search/ci_13553869?IADID=Search-www.mercurynews.com-www.mercurynews.com&nclick_check=1

The above article mentions an interesting phenomenon that occurred last month in Santa Clara County’s foreclosure market. Between August and September of 2009, the actual number of homes being foreclosed (either sold at auction or returned to the bank as REO properties) decreased, while filings of Notices of Default and Notices of Trustee Sale remained consistent.

“Lenders foreclosed on 415 homes last month, down about 5 percent from August.….. Of these, 109 homes were sold at auction to third parties and the remaining 306 were taken back by the lender. …… At the same time, lenders filed 1,257 notices of default, the first step in the foreclosure process, and 1,027 notices of trustee sale, the final step before actual sale of a foreclosed home. The numbers for August were almost the same.”

The author doesn’t really reach a conclusion but leaves us wondering as to why this may be happening.

Well, I will pull data from the MLS in an attempt to interpret what may be happening in our back yard.

But first, it is important to understand the process of foreclosure.  Simply put, when a person receives a Notice of Default from the lender, they have 90 days to cure the default, or a Notice of Trustee Sale will follow, scheduling a date and time by when the property will be sold at the County Courthouse.  By the Notice of Trustee Sale date, if the delinquent amount, plus penalty and interest  is not cured, then it is sold.    But there is a wonderful vehicle which by now everyone has heard, which can stop that foreclosure if executed properly: the Short Sale.

If, from the time that the lender issues the Notice of Default and before the auction date, an experienced  San Jose Short Sale Agent can bring in a qualified buyer who is willing to take the property off the sellers’ hands and if the lender agrees to the terms of the sale, then that foreclosure process is stopped with the closing of escrow on the property in question.

What the article did not factor into the equation were approved short sales that closed escrow. I pulled data about Short Sales that actually closed during the months of August and September.

For the Month of August 2009, in Santa Clara County 187 properties identified as being short sales (both single family and condo/townhomes) successfully closed escrow (Fig A).  But in September 2009, 251 properties identified as short sales closed escrow (Fig B).  I’m not a mathematician, but by my estimate, that is an increase of 25% from August to September of short sales approved by lenders. And more than sufficient to explain the disparity as to why the notices are increasing but why the final result is  decreasing.

So let’s look at the complete picture in September 2009 in Santa Clara County.  Over 2000 notices starting the foreclosure process goes out to homeowners.  Of those, approximately 1000 attempt a short sale and 251 of them are successful in preventing a short sale (Campbell Communication conducted a survey  in February 2009 of Realtors and concluded only 23% of short sale are successfully completed). Of the 750 who were unsuccessful in their short sales, 415 of them actually get foreclosed (109 of them lose their homes to auction and another 306 of them are evicted and the lender takes  over their homes).  That leaves 1335  people still stuck in foreclosure limbo — the original 1000 who chose not to do a short sale and the remaining 335 who were unsuccessful with their short sales but have not gotten around to being foreclosed yet — wondering when they will be evicted.  And these homes that have not been foreclosed or sold through short sales are often referred to as the shadow inventory of bank properties.  Depending on how this inventory will be released, it could have a tremendous impact of flooding the market with cheap, bargain priced bank owned (REO) properties.   Let’s hope the lenders will release them gradually, rather than all at once or, even bettter,  allow more of them to be sold as short sales so they can stop the influx of undervalued properties from hitting the market place and bringing down home values.

Fig A .  August 2009

Fig B. September 2009