Gov. Brown signs SB 458 into law – LAW AGAINST SHORT SALE DEFICIENCIES EXPANDED

SB 458 extends the protections of SB 931 (2010), to ensure that any lender that agrees to a short sale must accept the agreed upon short sale payment as payment in full of the outstanding balance of all loans.

Under previous law (SB 931 of 2010), a first mortgage holder could accept an agreed-upon short sale payment as full payment for the outstanding balance of the loan, but unfortunately, the rule did not apply to junior lien holders. SB 458 extends the protections of SB 931 to junior liens.

“The signing of this bill is a victory for California homeowners who have been forced to short sell their home only to find that the lender will pursue them after the short sale closes, and demand an additional payment to subsidize the difference,” said C.A.R. President Beth L. Peerce.  “SB 458 brings closure and certainty to the short sale process and ensures that once a lender has agreed to accept a short sale payment on a property, all lienholders – those in first position and in junior positions – will consider the outstanding balance as paid in full and the homeowner will not be held responsible for any additional payments on the property.”

SB 458 contains an urgency clause making it effective upon signing.

This should help with the Short Sales.

There are a few different ways to go about purchasing a home. Generally, homeowners have to take out a home mortgage to buy a home, and that mortgage has to be repaid in monthly or regular payments. If the homeowner ends up not being able to repay the mortgage with those payments, the home can be seized.

In 2007 the real estate market suffered a huge crash. This resulted in many homeowners being unable to keep up with their mortgage payments. This in turn causes foreclosures.

A main reason for so many defaulted payments was because when borrowers were having a hard time making payments they had very slim changes of being able to repay it. The only option was refinancing the home with a lower interest rate, which many mortgage lenders were not willing to do because of so many foreclosed homes.

Since the real estate market was in an up market before the crash, homeowners ran in to trouble keeping up with paying the mortgage bill. They couldn’t just sell the home and purchase a more modest one. That was no longer an option, since there was no profit to be gained in selling a home in a down market.

As home prices decreased, interest rates increased. It increased so much that foreclosures continued to happen at a high pace. Homeowners were kicked out of their home, and then the institution that lent the money in the mortgage would auction the home themselves. The home would still go at the lower price, however. The large amount of foreclosures caused the government to step in.

This is where short sales come in to play. A short sale is when someone sells a home at a price that is much lower than what the homeowner originally bought the home for. The original homeowner’s pending mortgage payment was much higher than what the selling price was going for, but the lenders accepted the initial price to avoid expensive foreclosures and long repayment options.

Short sales are most often considered the better option for a homeowner. While there are still negative outcomes of short sales, the negative aspects are generally considered a much better option than a foreclosure.

For example, after a foreclosure if a homeowner wants to get a new mortgage loan they need to wait nearly five years typically before they can qualify. Short sales, however, usually take around two years. Also, because of the Making Home Affordable (MHA) Program, short sale owners get an allowance of ,500 for relocation expenses, and are usually exempted from any taxes on the forgiven amount of the real estate sale.

Temecula Valley short sales are most often mistaken as foreclosures or reside in that unknown area between knowing and understanding for quite a few agents, homebuyers, and homeowners. To begin this post I am going to provide a definition of what a short sale is:

Definition – A short sale is when the total loan or debt burdens on a real estate property are greater than the overall total value of the home as measured by the direct market comparables.

A lot of people think foreclosures and short sales as the same thing but they are actually very different. Foreclosures are when loan payments are not being made and consequently the bank sends out a Notice of Default. The notice is the first step of the financial institute’s foundation for a foreclosure process. Foreclosures usually take between 4-6 months with the owner of the home losing possession and taking a tough credit hit.

However, this circumstance can often be worked out in that 4-6 month time period. This is often why there has been confusion separating the two since they are frequently intertwined. Once a financial institution has started a foreclosure process, the current homeowner has a limited time to either bring the payments current or leave the property.

The other way to go is a short sale if the banks agree and thereby mortgage forgiveness. When taking this route, the seller lists the Temecula or Murrieta house, makes an deal with the bank or banks and sells the encumbered property before the complete foreclosure process. The financial agreement the homeowner makes with the banks is for the financial lien holder to take a smaller amount than is owed on the property but grant full debt forgiveness for the owner.

Now, why would a bank take less money that is owed? Because, that is all they are going to if they foreclose. The banks often receive more money via a short sale since the homeowner is maintaining the Murrieta or Temecula property and it sells for a higher price. The financial institute also sidesteps the expensive foreclosure process while worrying about one less property in its portfolio. Financial institutions have a tough challenge monitoring all their properties. And, homes that have been foreclosed on often get abused and vandalized losing the lending company even more money.

So in quite a few cases the short sale a solution that works out for the current owner of the home who gets debt forgiveness versus a foreclosure and the financial institute who usually takes less of a loss financially. It also often works for the new home buyer as well because they get a home that is in nice shape many times at or below foreclosure pricing.

It isn’t always a walk in the park though and there are two issues to short sales. The first hurdle is time. Financial institutes often take a long time to the file in order and submit it to a closer and unfortunately a lot of buyers will not wait. As an buyer’s advocate, it is much easier for me to sell a banked owned home or a traditional seller owned home over a short sale.

The second worry is possible tax liability. In the event a bank grant debt forgiveness it is obligatged to report that financial forgiveness as income via a 1099 IRS form. What most of sellers won’t check into is the real situation of their taxes.

Many homesellers are thought of as financially destitute and are thereby relieved of these tax burdens. Sellers in this circumstance need to have a CPA calculate their net worth utilizing the proper IRS form and very well could be pleasantly relieved.

Wrapping up, there is some good news on the horizon. The House of Representatives just overwhelmingly passed a recent bill to reduce the tax negatives on bank forgiven debt. This action further augments the benefits of a short sale over a foreclosure and really reducing the long term financial shock for someone caught in what has become a very normal situation.

“A Wells Fargo short sale is a way for troubled borrowers to avoid losing their homes in a foreclosure. In a short sale, the bank agrees to accept less than the amount owed on a borrower’s mortgage, allowing him or her to sell off the home at a discount. Often, this makes more sense to Wells Fargo than foreclosing, as they tend to lose less in the process.

Banks have been put on the spot for being less than efficient in helping consumers, but the Wells Fargo short sale is known to be among the fastest in the industry. In fact, one can complete a short sale with the bank in as little as two months, instead of the six or more it usually takes with other lenders. If you’re considering a Wells Fargo short sale, here’s a simple guide to help you get started.

Prepare Your Hardship Letter

Wells Fargo short sale officials put a lot of weight on the borrower’s hardshipa”they want to know that your only option is a short sale and you’re not just taking advantage of market conditions. Your hardship letter should explain in detail how you fell behind, and how a Wells Fargo short sale can help you. Make sure you’re able to back it up with the right documentation, such as dismissal slips, medical bills, or divorce papers.

Find A Good Agent.

You need to list your home with a qualified real estate agent before applying for a Wells Fargo short sale. The listing agreement is one of the main requirements in the short sale package. Find an agent who has specific experience in short sales, particularly with Wells Fargo, as they’ll be more familiar with the

system and in-house policies.

Check Your Home’s Value.

Wells Fargo recommends short sales for people who cannot or do not want to stay in their homes, and whose homes have depreciated. Your agent can draw up a comparative market analysis of similar homes to give you a basis of comparison, which you can use to help your Wells Fargo short sale case. The bank is more willing to work with borrowers who have underwater mortgages than those who still qualify for other alternatives.

Market Your Home.

Like other major banks, Wells Fargo has tightened its rules in closing deadlines. You have to complete your Wells Fargo short sale before the date set in the agreement; otherwise the bank will choose to foreclose. Try to get your Wells Fargo short sale home viewed by as many buyers as possible, and work with your agent to negotiate with buyers for the best possible deals.”

In addition to bank foreclosures, short sales may often be bought for a discounted amount. Because short sales can lead to complicated transaction, it would be advisable to seek help from an Orange County short sale specialist (provided you are a resident of Orange County). A short sale is defined as an agreement in which the mortgage owner agrees to accept a payoff on the loan less than the loan balance if a suitable buyer for the home is found. Most lenders agree to adhere to a short sale simply because they get a higher portion of the loan balance when compared to the amount that they would have received from selling a property after foreclosure. In almost all cases, homeowners interested in a short sale need to meet several criteria to qualify. They are as follows:

* Homeowners must be behind in their mortgage payments
* Homeowners must offer evidence of economic adversity
* Homeowners must have little equity or no in the property

A short sale isn’t a typical real estate transaction. In the case of a short sale, all parties, together with the loan servicer of the seller, a housing counselor, mortgage investors, junior lien holders, as well as insurers, may be engaged.

Short sales are often considered to be a hassle in the recent market. Homeowners may not be informed the time of the sale, and the bank often takes time to make a decision to accept the homeowners offer. Despite this fact, is believed to be a cost saving and practical approach for all parties engaged with the proper guidance of an Orange County short sale specialist.

What’s important is to assess short sale plausability, whether or not your home is upside down. When you as a borrower are upside down, you own a house and you owe more than it is worth, you are having financial difficulties, and you don’t want to continue paying what is owed. There are many ways in which a borrower gets into a short sale situation, including large drops in home valuation, economic hardship including job loss, and/or adjustable mortgage rates that really spiked.

Now that you have classified yourself as upside down, it is likely that you are having trouble making payments on your mortgage in which case you are close to being foreclosed upon. In order to avoid foreclosure you must first call up your lender in order to recieve the required short sale documentation.

Realtor:

• Letter of Authorization (signed by seller)
• Letter of facts about the property
• Market analysis
• Photo’s (not the glamour shots)
• Copy of all showings with dates and feedback
• Copy of Listing Contract
• Copy of Purchase Contract (if applicable)
• Review letter of hardship
• Send to Loss Mitigation Department

Seller:

• Two years tax returns with W’2s
• Three months bank statements
• Current monthly budget
• All mortgages with account numbers
• Any pending bankruptcy
• Hardship letter (make them cry)
• Last 30 days pay stubs (if applicable)

excerpt taken from http://www.teamaguilar.com/short-sale-documents.html

This is a lot of work.

Following retrieval of the proper documentation, you’ll need an offer. Once you have an offer and the required docs, submit everything to your lender. Remember that banks want as much money back from the home as possible, and you want to sell your home for as high as possible, so continue to market your home until you have the highest offer possible, or until the bank accepts an offer high enough. Ideally you are looking for an offer near the appraised value of the home, this will likely get you the green light. The final step is initiated after your green light is given on the offer, in which case you’ll want to begin escrow, and close the transaction. This is a very simple version of the short sale process, but it is a good start. If you have further questions feel free to review Short Sale Frequently Asked Questions.

There are a few different ways to go about purchasing a home. Generally, homeowners have to take out a home mortgage to buy a home, and that mortgage has to be repaid in monthly or regular payments. If the homeowner ends up not being able to repay the mortgage with those payments, the home can be seized.

In 2007 the real estate market suffered a huge crash. This resulted in many homeowners being unable to keep up with their mortgage payments. This in turn causes foreclosures.

A main reason for so many defaulted payments was because when borrowers were having a hard time making payments they had very slim changes of being able to repay it. The only option was refinancing the home with a lower interest rate, which many mortgage lenders were not willing to do because of so many foreclosed homes.

Since the real estate market was in an up market before the crash, homeowners ran in to trouble keeping up with paying the mortgage bill. They couldn’t just sell the home and purchase a more modest one. That was no longer an option, since there was no profit to be gained in selling a home in a down market.

As home prices decreased, interest rates increased. It increased so much that foreclosures continued to happen at a high pace. Homeowners were kicked out of their home, and then the institution that lent the money in the mortgage would auction the home themselves. The home would still go at the lower price, however. The large amount of foreclosures caused the government to step in.

This is where short sales come in to play. A short sale is when someone sells a home at a price that is much lower than what the homeowner originally bought the home for. The original homeowner’s pending mortgage payment was much higher than what the selling price was going for, but the lenders accepted the initial price to avoid expensive foreclosures and long repayment options.

Short sales are most often considered the better option for a homeowner. While there are still negative outcomes of short sales, the negative aspects are generally considered a much better option than a foreclosure.

For example, after a foreclosure if a homeowner wants to get a new mortgage loan they need to wait nearly five years typically before they can qualify. Short sales, however, usually take around two years. Also, because of the Making Home Affordable (MHA) Program, short sale owners get an allowance of ,500 for relocation expenses, and are usually exempted from any taxes on the forgiven amount of the real estate sale.

To Learn More Please Visit www.YourHomestart.com

HOMEstart Explains Obama’s Loan Modification Plan

Introduction. As part of Obama’s 2009 economic recovery package, the President has introduced a plan to rescue and revive the troubled housing market. The new plan is called the Homeowner Affordability and Stability Plan (HASP), which describes Obama’s intents to modify distressed mortgages, keeping struggling borrowers in their homes with the intent to help stop rapidly declining property values resulting from surrounding homes entering foreclosure. Obama is dedicating billion to the HASP and below are some key details.

HASP focuses on reducing mortgage payments since it argues homeowners will continue to stay in their homes, despite declining home values, as long as the borrower is able to afford their monthly mortgage payments during the poor economic climate. Many economists agree that foreclosures result from homeowners simply being unable to afford high monthly mortgage payments versus not being able to pay at all. Obama’s plan requires major lenders and banks to participate in reducing monthly mortgage payments to less than 40% of the borrower’s gross monthly income. The resulting losses lenders and banks incur would be refunded by Obama’s billion HASP budget.

Lenders Involvement. There are a few simple methods lenders use to lower monthly mortgage payments; these include reducing the interest rate to as low as 2% or extend the loan term as high as another 10 years. In Obama’s attempt to incentivize participation, lenders will receive ,000 for each mortgage modification and can also receive an additional ,000/year, for up to 3 years, if the borrower makes consistent payments. Borrowers are also eligible to receive a principal balance reduction of up to ,000 each year, for up to 5 years, granted the borrower makes consistent payments. HASP was originally designed for responsible homeowners who have been seriously affected by the worsening economy and resulting decreasing unemployment, however, with the rate of foreclosures becoming so high, almost any home owner with legitimate financial hardships (ie. divorce or separation, illness, unemployment, reduced pay, etc) can qualify for a mortgage modification.

The major lenders developing government Loan Modification Programs are Wells Fargo, JPMorgan, Bank of America, Countrywide, Citigroup, IndyMac and Washington Mutual. Most of these lenders make up the top 5 mortgage lenders by dollar volume. Whether you are currently behind on your mortgage payments or foresee being unable to make payment in the near future, you can qualify for a mortgage modification.

Loan Modifications. The time to act is now, however, do not rush and make a decision based on pricing from any mortgage modification company. Remember that a turnkey, mortgage modification involves 7 critical phases. The process can generally take up to 3 months, even with a team of experienced mortgage modification specialists working diligently, which is why the time to get started is now.

Even though a loan modification requires several people (ie. intake processors, consultants, negotiators, lawyers, etc.), consider that just one individual working on your loan modification file for 3 months works out to the borrower hiring help for just over the minimum wage rate of California. Do not be fooled by loan modification companies or firms offering low prices because they mostly likely (1) do not have a DRE license, (2) are not accredited by the BBB or (3) do not have the resources and staff to complete a full loan medication (a legitimate contractual agreement between the borrower and lender to modify mortgage loan terms).

Each of the seven phases utilizes the skills and experience of a wide range of professionals to negotiate and create a loan modification agreement for your mortgage loan terms. For the consumer’s protection, the Department of Real Estate (DRE) certifies loan modification companies by providing a license on a per state basis. Along with that license, the Better Business Bureau (BBB) provides an extensive grade, or rating scale, on a multitude of different factors which can help the consumer eliminate any fears of being scammed.

Loan modifications were originally reserved for those whose mortgages became delinquent due to job loss, divorce or illness, but today loan modifications are also open to anyone suffering from high adjustable rate mortgages. It is imperative to begin the loan modification process before your lender gives you a notice of default. Also, one major misconception about who qualifies for a mortgage loan modification is that the borrower must already be behind on their mortgage payments, this is not true.

Your HOMEstart. Many attempt to work with their own lender and come away with no results. This partly results from many lenders having a severe lack of trained and experienced personnel working on loan modifications due to the rising amount of loan modifications being processed each day by any given lender or bank branch. There simply is not enough experienced people to meet the demand of incoming loan modification files. Also consider this process can be difficult in some cases even with professionals and legal staff working diligently for months, so do not hesitate to make another attempt at a home loan modification with a BBB accredited and DRE licensed loan modification company like HOMEstart.

Loan modification companies that provide A+ BBB rated services have established personal relationships with the largest mortgage lenders to expedite the loan modification process. Contact HOMEstart at anytime to discuss your financial hardship, we will listen and maintain the highest level of confidentiality. We have an entire team of experienced loan modification consultants who will help answer any questions you may have, regardless if you pursue a loan modification through HOMEStart. We are here to help; start new, not over.

Mortgage Loan Modification Preparation

The loan modification process begins with consultation with your experienced HOMEstart loan modification specialist. Your loan modification consultant will discuss with you the financial hardships you’re facing and determine if you are a good candidate to receive a mortgage loan modification. After HOMEstart pre-qualifies you for a loan modification, there will be some essential paperwork to get to the loan modification process underway. The loan modification process will require:

* Proof of income.

* Last 4 monthly bank statements.

* Hardship letter discussing your current or future situation.

* All inclusive monthly expense sheet.

* Most recent mortgage statement.

* Past two years of W2 forms and tax returns.

Once the paperwork is complete, your loan modification file enters negotiations. At this time your loan modification file will contain all the information your negotiator needs to create an agreement with your lender to modify your mortgage loan terms. Once an agreement has been made, the loan modification offer enters approval. Your HOMEstart attorney will review the offer made to you by your lender to make sure that it represents the terms previously discussed with your negotiator. Generally each lender will have their own borrower qualification guidelines and so for the best results, consider these factors while getting prepared:

Income-Expense Ratio. The borrower’s proof of income and monthly expense sheet is used to show your lender that smaller monthly mortgage payments will in fact result in consistent payments. Lenders also want to determine if your expenses exceed 60% of the borrower’s gross monthly income.

Nature of Hardship. Some lenders have specific requirements on what types of situations qualify as a financial hardship, however, your financial hardship should be a result of a situation which occurred (or will occur) that was (or is) “out of your hands”. Commonly accepted situations include illness or death in the family, demotion or pay decrease, lawsuits, divorces and military service.

Payment History. Lenders look at the borrower’s previous mortgage statements to see if there were any prior delinquent payments. If the borrower made timely monthly mortgage payments prior to the financial hardship, then it will show the lender your capability to make consistent payments after a mortgage loan modification. Remember that your credit history is not reviewed, simply your mortgage payment history. Those with poor credit can qualify for a mortgage loan modification.

Bank Statements. Lenders look at the borrower’s bank statements to determine if the loan modification applicant had normal spending habits prior to the financial hardship and to see if there is any savings set aside in case of an emergency or worsening situation.

Tax Payments. These documents serve to evaluate the borrower’s level of financial responsibility. Consistent tax returns will demonstrate to your lender that you’re not just looking for “cutbacks”. The borrower’s tax returns also provide additional proof of consistent income.

Foreclosure Information and Timeline

If you are looking for loan modification services, then you are probably looking to save your home by preventing foreclosure. The closer a home owner gets to foreclosure, the more difficult it becomes to get a mortgage loan modification. Knowing the foreclosure process and timeline will help you evaluate your situation and make the best solution for your current or approaching financial hardship.

Collections Stage. This period, ranging from 30-90 days, begins when you miss your first mortgage payment. Generally your bank will try to contact you before taking any severe action. After 2 to 4 weeks from the first missed mortgage payment, your bank will begin to assess late fees. If the second mortgage payment is missed, your lender will send you a breach of contract letter, which formally informs the borrower in writing that they have violated the mortgage loan terms. In addition, after the second delinquent payment, the borrower will be given 30 days to pay the balance or come to a resolution before receiving a Notice of Default.

Notice of Default. At this point, also known as pre-foreclosure, the borrower has missed their third mortgage payment. Pre-foreclosure starts when your lender files a Notice of Default (NOD) at the county office governing your property. Unfortunately for the home owner, technically speaking the foreclosure process begins at this time; only a short 2 months after your first delinquent payment. It takes less than 2 weeks to receive your formal Notice of Default. In California, a 90 day period, known as the Reinstatement Period, is initiated as the time frame the borrower has to resolve the owed balance before a Notice of Sale.

Midpoint. At this time, typically 60 days before the Auction date of the home or property, the borrower’s options for initiating a loan modification get very difficult. Contract terms vary from lender to lender, but the trend is the longer you put off making payments, the less likely your lender will allow you to create an agreement to modify your mortgage loan terms. However, if the borrower does manage to get caught up in payments, the NOD would then be withdrawn.

Notice of Sale. At this point, also known as Pre-Trustee Sale, the owner’s property will have a Notice of Trustee Sale (NOS) publicly posted. The notice remains posted for 3 weeks (21 days) and will contain the time, date and location of the auction. Fortunately, the borrower is able to reinstate the loan upon payment of the balanced owed from delinquent payments 5 days before the auction date.

Trustee Sale. At this time, also known as the Auction date, your home is officially auctioned off to the public. The borrower is given 10 days to remove all property and leave the premises from which thereafter a sheriff will get involved to enforce eviction.