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IS YOUR HOUSE WORTH LESS THAN YOU OWE?
A SHORT SALE IS ONE SOLUTION.

Call (831) 466-3440
eMail: Charles@BayLiving.com


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What is a Short Sale?
ANSWER: A sale of your house to a buyer who pays less than what is owed on it.

Why would a lender do a short sale?

ANSWER: It is in the lender's best interest to do a short sale as it will save them money over a foreclosure.

How much will this cost the lender?
ANSWER: It can cost plenty but again, keeps them from the even potentially substantially higher cost of going through a foreclosure.  They will have seller cooperation and help lining up a buyer.  They don't have to actually own the house or deal with fixing it up.

What is the advantage to a short sale over foreclosure?
ANSWER: Generally, a short sale gives you the opportunity of negotiating terms with the lender(s) which can include getting a potential deficiency judgment waived, credit and other terms better to your advantage.  In foreclosure, you have few choices.

What will a short sale do to my credit?
ANSWER: There is a lot of negotiation involved with short sales.  Credit and what the lender reports to the credit repositories should be an element negotiated.  Compared to a foreclosure, your credit should result in a better credit score than a BK or foreclosure.

CBS Video

How much time does it take?
ANSWER: Short-sales are not always "short".  It can take as little as 30 days and upwards of 60 to 90 days or longer, even up to 6 months or more, depending on your lender. There is a ton of paperwork and details involved.

What will it cost me?
ANSWER: Generally, the lender will pay the fees to agents/brokers who orchestrate the transaction, which means you should not have to come out of pocket to get the transaction done. 

How simple can the process be?
ANSWER: A short sale is a lot like a regular sales transactions but with the addition of a lot more negotiation, details and paperwork.  The lender agrees to do a short sale, you list the property for sale with or without an agent, buyer signs a purchase agreement, contingent on lender approval, sale closes and you walk away from the deal with relatively good credit and the whole thing behind you.  Buyer gets a good deal, lender saves money over foreclosing and everyone loses a bit but comes out better than it could have gone otherwise.  In this instance though, both seller and buyer need to "qualify" so there is a bit more involved with the paperwork needed.

What about tax implications?
ANSWER: Regarding the dreaded 1099/1099C form showing the amount forgiven as additional taxable income, talk with your accountant or tax attorney but the IRS form 982 can be your friend in showing that at the time of loan forgiveness you were "insolvent"  which means you don't have tax liability.  That and the new legislation called the Mortgage Forgiveness Debt Relief Act of 2007, H.R. 3648, which should mean you don't have to pay federal income tax on debt forgiveness on a principal residence.  Click Here for More Information.

What is the first step?
ANSWER:
Call (831) 466-3440 or eMail: Charles@BayLiving.com, or click here to complete a form which will send the initial information for Charles to review and get in touch with you.

What about deficiency judgments? 
ANSWER: Click here for more information


Fed Concludes Lenders are Avoiding Redoing Loans

Bank of America Pushing More Short Sales Into Foreclosure

Obama Administration Incentives for Short Sales

Why Can't I Get a Short Sale Closed?

Do you have a Mortgage with Countrywide?  Click Here for more information.

Lenders Avoid Redoing Loans, Fed Concludes

Tuesday 07 July 2009

photo

by: Jenifer B. McKim  |  Visit article original @ The Boston Globe


An eviction team waits outside a foreclosed house before removing belongings left behind. (Photo: Getty Images)

 

Study cites lack of profit in aiding the distressed.

    Mortgage lenders don't try to rework most home loans held by borrowers facing foreclosure because it would probably mean losing money, a study released yesterday by the Federal Reserve Bank of Boston concludes.

    The Boston Fed's findings suggest the Obama administration's major effort to solve the foreclosure crisis by giving the lending industry $75 billion to rewrite delinquent loans to more affordable levels is not likely to work.

    One of the study's coauthors, Boston Fed senior economist Paul S. Willen, said the government would be better off giving the money directly to struggling borrowers to help them with their payments, rather than to lenders that are averse to working out the troubled loans.

    "Loan modification is not profitable for lenders,'' Willen said. "If it were profitable, they would go out and hire staff.''

    US Representative Barney Frank, head of the House Financial Services Committee, said the study results may provide answers about why so few struggling homeowners have been able to get help.

    Frank, a Newton Democrat, said he is holding a hearing Thursday on his proposal to provide government loans to homeowners who have lost their jobs and can't qualify for loan modifications and other help because they don't have income.

    "The problem is worse than we thought,'' Frank said. "The failure to do these modifications means the whole situation stays bad longer.''

    The Fed's study found that only 3 percent of seriously delinquent borrowers - those more than 60 days behind - had their loans modified to lower monthly payments; about 5.5 percent received loan modifications that did not result in lower payments.

    The study focused on 665,410 loans that were originated between 2005 and 2007 and subsequently became seriously delinquent. It also followed about 150,000 borrowers for six months after they received help, through the end of 2008.

    The lenders may have compelling reasons not to find new borrowers to help, according to the study. For example, up to 45 percent of borrowers who did receive some kind of help on their loans ended up in arrears again, the study found. Conversely, about 30 percent of delinquent borrowers are able to fix their problems without help from their lenders.

    "A lot of people you give assistance to would default either way or won't default either way,'' Willen said. "They are trying to maximize profits, and at this point maximizing profits does not mean modifying loans.''

    Officials from Hope Now, the private-sector alliance of mortgage servicers and investors, were unavailable for comment yesterday.

    US Treasury officials declined to comment on the Fed study, but noted in a statement that more than 240,000 homeowners have received loan modifications this year under the president's program. Moreover, federal regulators said the pace of loan modifications has been increasing steadily since last year.

    Given the findings, Dean Baker, codirector of the Center for Economic and Policy Research in Washington, D.C., said Willen's suggestion to give money to borrowers rather than lenders makes sense.

    The number of foreclosure proceedings increased to 844,389 during the first quarter of 2009, up 73 percent from the first quarter of 2008, according to the Office of the Comptroller of the Currency.

    "You have more money going to the banks and the servicers than you do to the homeowners,'' he said. "It would make more sense to just give money to the borrowers.''

    The $75 billion Obama administration plan, announced in February, provides incentives to motivate companies that service mortgages to make loans more affordable, including $1,000 bonuses for each modified loan and an additional "pay for success'' fee of $1,000 a year for three years if borrowers stay current on their new terms.

    Willen said the success bonus could have the unintended effect of steering loan servicers away from those who need help the most, and toward only those borrowers most likely to recover on their own anyway. He said that if modifications increase, it won't be by much. "My guess is they are going to help people who are OK, and they are not going to help people who are deep trouble,'' he said.

    Alan White, a professor at Valparaiso University School of Law in Indiana, said lenders could cut down on the number of borrowers who end up defaulting again by giving them more help in the first place. He said too many modified loans don't result in low enough payments. Also, he said, there may be fewer borrowers who can get out of trouble on their own because of continuing difficulties in the economy.

    "The servicers are making assumptions that are much too anti-modification,'' White said. "The servicers have the authority'' to help borrowers, "they just don't want to use it.''

    The study, coauthored by Manuel Adelino and Kristopher Gerardi, also rebuts a widely held suspicion that the holdup in modifying loans is because of investors who control them through mortgage-backed securities. The Fed found no difference in the rate of aid between investor-controlled loans and those that lenders own directly.


From Mortgage Law Network
_______________________________________

Short Sales and Bank of America

By Wendell Sherk, Missouri Attorney on Jul 6, 2009 in Foreclosure Process

Bank of America has made a splash recently by updating its short sale agreements. The bank is now, intentionally or not, making it simpler for folks to decide to allow a foreclosure or file bankruptcy instead.

Bank of America has reportedly changed its short sale agreements to provide that the homeowner will remain liable for any unpaid balance owed on the mortgage after the sale.  It has claimed this is simply to protect their investors and insurers.

In its own way, this is a good thing.  In states that allow a mortgage lender to retain a personal claim against a former homeowner to the extent a mortgage is not paid after a sale or foreclosure (called a “deficiency balance”), the disclosure by B of A that the debt will still be subject to collection may provide more information to consumers than other lenders are doing now.  It may help homeowners be better informed.

Of course, in most situations where B of A forecloses on a first mortgage, they have not in the past typically pursued collection of this deficiency, even if they were legally entitled to do so.  Thus, the change in policy could foretell a change in B of A’s deficiency collection strategy — which in itself will lead to a Pandora’s Box of litigation over how foreclosures were done and whether the lender obtained the best possible prices for their collateral.  Or it could be one of the more effective ways to discourage anyone from taking on the burden of trying to complete a short sale that almost entirely benefits B of A and its investors in the first place.

Only time will tell how bad a decision this will be for America’s Bank.  But at least consumers are getting better warning about what they’re getting into in working with them.  So that’s something, I guess. 

Bank of America Could Push
More Foreclosed Homes for Sale

The decision of Bank of America, one of the nation’s largest mortgage banks, to add a liability clause to its short-sale contract could push more foreclose homes for sale into the market.

BofA expanded its short-sale contract and added a clause that would make homeowners liable for the difference between the short-sale price and the mortgage loan amount.

Housing advocates were dismayed by the clause, contending that the clause will push more homeowners into bankruptcy or foreclosure, perpetuating the growth of foreclosed homes for sale.

Since BofA is among the nation’s biggest mortgage lenders and also the owner of another of the nation’s biggest lenders, Countrywide Financial, its decision to revise its short-sale agreement will affect large numbers of borrowers.

This decision could force homeowners considering the short-sale option to change their minds and just allow their houses to become foreclosed homes for sale.

In response to criticisms, BofA explained that it was just asking homeowners to sign a promissory note to protect its shareholders and investors who will suffer large losses from the gaps between short sale prices and loan amounts.

The bank also insisted that other mortgage insurance firms and investors have been requiring the promissory-note part of the short-sale agreement.

Recently, the Obama administration encouraged troubled homeowners to consider short selling to prevent their houses from becoming foreclosed homes for sale if they are not qualified under the loan refinancing and modification schemes of the Making Home Affordable program.

Officials promoted the short-sale option because it protects the credit records of defaulting homeowners, giving them another chance to make a home purchase when their financial circumstances become better.

But the liability to pay the difference, as described in the Bank of America short sale contract, is now another barrier to overcome for many homeowners.

In the state of Washington, short selling has been a favored foreclosure prevention option. Of the total single-family houses sold in Washington recently, 4,400 units were short sales, representing around 12 percent of total statewide sales.

The short-sale number could be even bigger, according to real estate analysts in the state, because some short-sales were not listed as such in some records.

The BofA decision has alarmed mortgage professionals in Washington who have been working out short sales. They said about one-third of sales they are currently working out are short sales.

Lastly, spokespersons for BofA and other mortgage banks argue that the short-sale clause could encourage many homeowners to exert more effort to get loan refinancing or loan modification to prevent their houses from becoming foreclosed homes for sale.


 

Why can’t I get a short sale closed? Ask your Senator. Bankruptcy to follow

By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

You are way underwater.  You can’t modify your mortgage in chapter 13.  The Senate made sure of that when it voted down mortgage modifications in chapter 13.  So you decide that you have to sell the house.  But it has to be a short sale - the house is worth a lot less than the mortgage.  No problem.  You’ll call the bank.  But then you’ll wait for months only to find out that the bank wants at least $50,000 more than the house is presently worth.

For reasons not totally clear, lenders prefer a foreclosure to a short sale.  Why?  It’s not the economics.  It’s about whose ox is getting gored.  Because of securitization, the senior layers or tranches don’t take the first hit.  The junior or even lower layers do take the hit in a short sale.  So they basically just say no.  But not right away - only after stringing you along for months.

Even though short sales are a better option for lenders, resulting in loan losses of only 19 percent, compared with an average loss of 40 percent on homes sold after foreclosure,  securitization makes negotiating a real estate sale that results in a loss extremely difficult.

According to research firm Campbell Communications, only 23 percent of short sale transactions are actually completed. “Three out of four potential short sale transactions fail, principally because the mortgage servicer takes too long to respond to the offer,” said Tom Popik, author of a February survey of real estate agents. “When these same properties are later sold it further depresses real estate prices.”

North Carolina Congressman Brad Miller says: “The people with the least senior tranches have no reason to agree to the modification because they take a complete loss and the people in the most senior tranches don’t lose anything. So they’ve managed to structure their mortgages in a way that makes it almost impossible to modify or sell short.”

Miller sponsored legislation to reform the bankruptcy code to allow judges to rewrite those contracts, taking away the ability of junior investors to sue and encouraging them to negotiate. But the House-approved measure died in the Senate, 51-45, killed last week by Republicans and 12 Democrats, leaving it 15 votes short of the 60 needed to overcome a filibuster.

Mortgage modifications in chapter 13 would have changed the bargaining landscape. Lenders would have had much more of an incentive to take a loss on a short sale rather than see a judge unilaterally change the terms of a mortgage.

Senator Durbin bluntly stated that banks “frankly own the place,” referring to the Senate.  He told the Huffington Post. “I think many of the banks have not operated in good faith when it comes to this mortgage foreclosure issue.”

Homeowners are the big losers of the banks’ battle against the bill. But real estate agents are now losing real money as commissions fall through, making them a potential lobbying counterweight to the banks.  So oddly, consumers and real estate brokers now find themselves in the same boat.  Maybe working together mortgage modifications can rise from the dead in Congress.  But don’t bet on it.  It seems that bank money is much more influential in the Senate than constituent votes.  So much for Democracy in America.

If you can’t close a short sale and you can’t get a mortgage modification in chapter 13, figure that you will lose your house and face bankruptcy.  We’ll keep fighting for you in the trenches and we’ll keep speaking truth to power for you.

Thanks to the Huffington Post for much of the material used in this article.