What is AB284 and What Does it Mean for Homeowners?

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Recently I got asked the question about what is AB284, so I thought it would be a good time to clear up some misconceptions people have about this new state law.  In short, AB stands for assembly bill.  This new state law took effect on October 1, 2011.

The new law requires that any notices of default include an affidavit that also includes information regarding the deed of trust, the amounts due, the possession of the note and deed of trust, and the authority to foreclose.  Lenders who fail to comply are subject to civil penalties.  Anyone making false representations concerning property title are also subject to a class C felony.

Obviously, this is big news and has slowed down the notices of default that have been filed in our county.  In fact, it slowed it down so much that there were only about 55 notices of default filed in October. When you compare that with the preceding months where more than 3000 defaults were filed each month, you can see that there's a huge difference.

There is No Free Lunch Folks

Unfortunately, many people are under the mistaken assumption that this means that they can default on their mortgage loan and then live in their house for free as long as they want.  This is not the case.  Although the new law will slow down foreclosures for a few months until the banks get their acts together, you can better believe that they will find a way to comply with these new regulations and get the foreclosures moving again.

You see, right now banks are scrambling to make sure that they get their paperwork together so that they can continue with the process of issuing defaults.  But what does this mean for homeowners right now?

There is a Silver Lining for Homeowners Who Hurry

If you are a homeowner who is teetering on the edge of default, this opens the opportunity for more short sales right now.  Lenders who were previously not interested in working with owners are going to be much more inclined to do so since they can't follow through with foreclosure is easily right now.  Now is the time to take the chance on working on a short sale with your lender.

You can start healing your financial picture right now so that you can buy again in the future.  This might be the time to get things squared away so that you and your family can move forward without worrying about being foreclosed upon.

Don't make the mistake of listening to some of these hyped up attorneys that are trying to convince people they can live in their homes free of charge for years and years.  That is simply not the case.  Remember the banks have millions of dollars invested and will solve this crisis soon.  I estimate about 90 days before banks will have it figured out, so time is ticking for sure.

I would love to speak with you about your current situation to see if a short sale would be a good option for you.  Give me a call today so that we can start healing your financial picture.

Need More Time? How To Stay in Your House Longer and Avoid Foreclosure

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Falling behind on payments is not a very uncommon occurrence anymore and as homeowners watch their home literally slip through their fingers, there is little time to figure out what to do in the long run.  But with some careful strategy, there is a way to buy some more time so you can figure out how to manage the situation and maybe even avoid foreclosure in the first place.

Here are three steps homeowners can take to gain additional time prior to the foreclosure process:

1. File for Bankruptcy Relief

If you have fallen behind on your payments, it is safe to say that you are experiencing a financial crisis of some sort.  Whether as a result of job loss, change in ability to work, downsizing, divorce or death in the family or changes in your health affecting your ability to earn the same as before – something will need to be done to rectify the situation.  While filing for bankruptcy protection will not change your foreclosure proceedings from going forth once the bankruptcy process is complete – it will give you time to step back and consider all options and how to proceed.  During the bankruptcy filing and until it is final – all foreclosure processes are put on hold.

2. Request State Mediation

Most states have a mandatory mediation statute that gives homeowners and avenue to dispute or at least ask for verification that the lender has the authority to file foreclosure on the property. In fact, lenders are required to provide the homeowner with an application for mediation along with the notice of default action.  Though there is a fee involved (ranging anywhere from $300 to $3000 depending on how you pursue it) you will automatically buy about three months’ time, giving you and your family a chance to cope with the situation and establish some alternatives.  The added breathing room comes from the time it takes to receive a response once an application is sent to the agency managing your mediation request.

An added advantage of the mediation process is that the lender’s representative may very well assist you in coming up with other alternatives and depending on your situation, work with you to pursue a loan modification.  This could help you avoid foreclosure and be able to hold on to your home.  If that is not an option – you can also seek additional time to pursue a short sale.

3. Talk to the Lender

The department handling foreclosures at the bank is used to seeing many distressed homeowners and may assist you in exploring other avenues, especially since banks do not want any more foreclosure properties on hand than they have to. If anything, you may be able to get approval to put your home on the market for a short sale without having to spend the money needed to apply for mediation.
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Unbeknownst to many homeowners in financial strife and facing foreclosures, their Realtor is a great resource of information, support and references to other people that can provide the same relief.  Be sure to consult with your Realtor to find out what avenues they can assist you with during this very difficult but manageable situation.

Listing a Home for Short Sale Does Not Mean Costly Agent Fees

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When selling a home you have to give something to get something, right? In most cases this is true but when dealing with some distressed sales – that is not the case. In fact, when an agent places your home on an MLS, many times there is no charge.

After the mortgage crisis occurred and millions and millions of homeowners faced foreclosure due to job loss, home devaluation, downsizing and more – the result was that many Realtors and realty agencies began to establish separate departments within their company. These people were designated experts in the field of distressed sales, with their primary function to guide homeowners through the process of short sales.

Remember, not all agents are created equal, so there is a chance someone might ask you to pay nominal agent fees of about a few hundred dollars but many Realtors do not put this added stress on the family that is already going through significant financial strain. There could be other fees associated with the short sale, such as recording and/or documentation fees or the fees associated with HOA that cannot be avoided.

What To Do Before Considering a Short Sale

Many homeowners opt to walk away from their obligation, thereby putting their financial outlook at serious risk in the future. Even though some say that the foreclosure would only damage one’s credit for a five to seven year period – that is not exactly the case. Like a bankruptcy, you would be required to report your foreclosure on every single credit application for the rest of your life.

Though going through a distressed situation can obviously be very harrowing, if at all possible, a short sale is a far better solution as you can then expect to repair the damage done to your credit report.

An important step in determining where you stand and what your best options are is to meet and consult with a real estate agent. He or she will be able to provide a detailed analysis of your situation and help you assess whether your home and the circumstances surrounding your property is a good candidate for short sale.

With the guidance of a qualified and experienced agent, a short sale can be a refreshing opportunity to be absolved of a major burden that might otherwise prove impossible to handle differently.

There are many scam artists out there who are out to make a quick buck and would not hesitate to take advantage of your vulnerability. To avoid having the title of your home taken away, the loan not paid off and the property written off – you should be absolutely sure you are working with a reputable agent that has experience and can be trusted. The consequences of the scam described here are that the home goes into foreclosure despite your having believed a short sale occurred, therefore damaging your credit, ability to buy a home sooner and of course the negative stigma of going through the ordeal.

Five Reasons Why You Should Hire Us, Not Them

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In a sea of agents, trust me – you want to hire someone who can keep your deals afloat and get you the best deal on the home of your dreams.  But I’m not suggesting you hire us based only on this one statement, in fact, I can provide you a list of reasons why we are a cut above the rest.

Whether you are considering a new home so you can move up and into something better, or you want to invest in some property to avail the fantastic low rates out there right now, we want you to hire us.  Here are the top five reasons why hiring us for your real estate buying dreams will end up in you getting your dream home and us having a fruitful relationship with years of professional friendship to come.  But don’t take our word for it – the reasons listed below have come from our actual clients, who after years of being asked why they chose us over others, collectively answered with these consistent responses:

We Listen To You

You wouldn’t believe the nightmare stories we have heard about other agents trying to impose their own preferences on buyers.  Well, where we’re concerned, we understand and value the importance of your needs and the first step to implementing them is to foster solid communication – both ways.  That way, you can count on us going after the things that are most important to you and we can count on you trusting us.

Our Team Follows Through

Nothing is more frustrating than to send an email or leave a voicemail for your agent and then spend hours, days or even weeks waiting for a response.  Our mantra is to follow through with everything and that means that every communication we get or every item that needs to be discussed, relayed or investigated – no matter what it might be – we get it done.  If we said we’d do it, you can count on it getting done.

We Know Our Markets

Anyone can become an agent and often there are agents who “handle” markets all over the place, regardless of whether they’ve ever stepped foot in the town or not.  I have personally been in this area since 1983 and have served as your trusted Realtor since 1987 – so when it comes to knowing the area, you know I’m the person.  Inside information on the little nuances of a place can only come from a person or a team that knows the area well.  When you’re looking at buying a property, this inside knowledge is paramount and one that we pass on to our clients by way of our knowledge of the industry and our markets.

Our Team Is Solid and Strong

The hand picked team that we have developed did not happen by accident.  With careful consideration and years of cultivated relationships, we have created the perfect blend of a solid team and strong organization that keeps its promises, while delivering everything according to plan. That, too, is not by accident.  I have personally developed a system for every aspect of our organization so that we can carefully measure our progress and provide our clients with optimum service.

Honesty and Integrity Is Our Priority

Finally, our priority remains honesty and integrity.  We realize that in a business such as ours there can be lots of ups and down – and there is no better demonstration of that than the current state of our real estate market and overall economy.  Our clients know that we will always be honest with them about what to expect, whether or not their expectations are realistic and anything else that may come up in the myriad transactions that take place for real estate.  We take our relationship with our clients and their needs very seriously and work very hard not to jeopardize that trust.  Poor representation can cost thousands of dollars – excellent representation is priceless.
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With these five aspects of our business, we are confident that our clients understand our priorities and have rewarded us with their business in exchange.  I invite you to come visit us to see if there is anything we can do to help you get into your next dream home.  We won’t let you walk away disappointed.

How To Write a Hardship Letter So You Get What You Want From the Lender

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What Is a Hardship Letter?

As the name implies, when a person owning a property with a mortgage on it faces difficult times that result in an impact on their ability to pay the loan, the need to communicate to the lender arises. Regardless of whether the loan can no longer be paid in a timely manner or if it is difficult to pay most of it – there are some avenues other than leading to foreclosure that the homeowner can pursue.

LOAN MODIFICATION HARDHIP LETTER

There are two types of hardship letters that are commonly written in light of the nation’s challenged real estate market these days. First, a loan modification hardship letter which is the initial communication between the homeowner and lender, notifying them of the financial hardship but with the intention to manage most of the loan. The goal of a loan modification is to hold on to the home, only reduce the amount owed or in other words, adjust the loan. The basic language in this type of hardship letter states the type of hardship the property owner is facing, their intention to continue living on site and the expected amount sought to be modified in order for the owner to manage.

SHORT SALE HARDSHIP LETTER

Unlike a loan modification, where the property owner is able to continue living in the residence with the provision of a smaller loan, a short sale request entails the bank accepting less money than what is owed on the home, through a sales transaction. This occurs when the value of the home is worth less than the amount owed on the mortgage. A common occurrence lately, short sales are an alternative option to many homeowners who are unable to maintain their mortgage payments due to job loss, medical situations or anything else.

Given the state of our current economy, there are many cases of short sale applications and each begins with a hardship letter stating that the homeowner’s financial situation does not seem to be improving anytime soon and the only viable option is to move out to avoid foreclosure. Banks prefer this to foreclosures since the latter often result in legal fees and other costs that would not necessarily occur in a short sale transaction. Making that determination, however, is what impacts the amount of time that goes into a short sale application and approval or denial process.

What Should Be Included?

Not too much information is needed in a hardship letter but it should be enough that the reviewer is able to make an informed decision about your case and determine next steps. You will need to include the property address, reference a loan number or numbers if multiple loans are involved and name all persons or parties that are named on the loan. If the motivation for seeking relief from the lender is due to extreme conditions in your life that have hindered your income or caused unemployment, provide supporting documentation and outline the relevant specifics in the letter. Over-exaggerating will frustrate the loan officer and possibly impede processing so it’s important to remain straightforward and write in a clear manner.

Things to Keep In Mind When Writing

Be sure to write clearly, without the use of unnecessary jargon and be as direct as possible. Avoid overly emotional statements, without missing the boat entirely on explaining your financial hardship. Do not write more than one page, as the hardship letter’s purpose is to notify the lender of your current financial state and request review of the loan. The briefer the letter is, the easier it will be for the loan officer to review it. Make sure you are able to corroborate the statements you are making in the letter with documentation.

Why Does This Matter?

Despite news reports, the mortgage industry is very busy and with the influx of short sale applications on many lenders’ tables, the processing times are very long involving arduous and tedious paperwork. When a short sale reviewer receives a short, simple, succinct and to-the-point hardship letter, not only does it make their job easier but it also eliminates the need for further clarification and consequently more time wasted.
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Of course, depending on how complex the situation may be – a longer and more detailed hardship letter may be necessary, but once an application moves forward additional information can be provided. The key is to communicate your request to have your loan reviewed, the reasons for such and relevant specifics that would be needed in order for the application to be considered.

Need to Avoid Foreclosure? Follow 10 Common-Sense Guidelines!

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Click here for short sale help >

Here’s a fact that may surprise you – lenders hate foreclosures almost as much as you do! After all, they’re losing money and have to follow a complicated legal process to take the property back. This tells you, if you’re facing the possibility of foreclosure, that it’s in your best interest to work with your lender. 

So, if you’re having trouble keeping up with your mortgage payment, contact your lender immediately and inform them of the situation. Also, you can contact a HUD-approved Housing Counseling Agency or call them Toll FREE (800) 569-4287 or TTY (800) 877-8339 

Now, if you’re unable to make your mortgage payment, I recommend you follow the guidelines below. They’re straight from HUD with some additions on my part. 

Guideline 1: Definitely Don't Ignore the Situation! 

With foreclosure, there’s a natural tendency to hope the whole situation will just go away if we ignore it. This is not a wise choice because the farther behind on the payments you fall, the more difficult it’ll be to re-instate your loan and the more likely it’ll become that you’ll lose your home. So, take the foreclosure “bull” by the horns and deal with the situation right away. 

Guideline 2: Contact Your Lender Immediately! 

As I said earlier, lenders hate foreclosure nearly as much as you do. So, most have options to help you through tough financial times. It depends on the lender, but such options may include: 

• modifying the mortgage length or interest rate. 
• waiving fees or penalties. 
• deferring payments through temporary forbearance.
• increasing monthly payments to cover past due amounts.
• modifying an adjustable-rate mortgage to a fixed rate, etc.

Guideline 3: Open and Respond to All Lender Mail Right Away!

Normally, the first notices you receive from a lender will give you one or more of the options listed under Guideline 2. So, definitely open that mail immediately because those options can help you through a rough time. If you don’t open the mail or toss it out, you’re only making matters worse because they may include notices of pending legal action. And, believe me, foreclosure courts don’t accept any excuses regarding failure to open mail! 

Guideline 4: Know Your Mortgage Rights!

Always learn the specifics of your loan documents so you know what your rights and those of the lender are under the terms of the contract if you can’t make the payments. If you don’t understand the contract provisions, talk to a counselor or a real estate attorney. Also, remember that foreclosure laws and time frames vary by state. This means you need to contact the appropriate state office to learn what’s involved in the foreclosure process.

Guideline 5: Understand Foreclosure Prevention Options!

HUD has free and valuable information on options for preventing foreclosure (also called loss mitigation). These options can be found on the internet at http://portal.hud.gov/portal/page?_pageid=33,717348&_dad=portal&_schema=PORTAL.

Guideline 6: Contact a HUD-approved Housing Counselor! 

HUD funds free or very low cost housing counseling nationwide. The counselors can help you understand the law and your options, organize your finances and represent you in negotiations with your lender if you need this assistance. Find a HUD-approved housing counselor near you or call (800) 569-4287 or TTY (800) 877-8339.

Guideline 7: Evaluate Your Spending and Budget. Budget, Budget!

After healthcare, your first priority should be keeping your house. So, that means you need to look at where your spending goes and “cut out the fat.” By that, I mean zero in on “optional” expenses – cable TV, memberships, daily trips to the coffee shop, eating out, etc. If you’re not careful, these expenses can tear the heart of your budget, and they’re easily avoided! All the money saved by foregoing these items can go to making your mortgage payment. Also, delay payments on credit cards and other "unsecured" debt until you’ve have paid the mortgage.

Guideline 8: Employ Your Assets!

You may well have assets that you can sell for cash and apply to your mortgage payments. These could include items like a second car, jewelry, a whole life insurance policy, etc. Also, if anyone in your household can get an extra job, it’ll bring in additional income. Even if that income isn’t great, the effort demonstrates to the lender that you’re willing to make sacrifices to keep your home

Guideline 9: Avoid Foreclosure Prevention Companies!

I repeat – avoid these companies! Some are legitimate; some are scam artists. In either case, you don’t need to pay them hefty fees for foreclosure prevention! Sometimes those fees can amount to two-to-three months’ worth of mortgage payments! Why do this when, for free, you can work with a counselor or with the lender?

Guideline 10: Don't Lose Your Home to Foreclosure Recovery Scams!

You may be contacted by firms claiming that they can stop your foreclosure right away if you sign a document appointing them to act on your behalf. If that’s the case, tell them to get lost! This is a scam where you end up signing over the title to your property and becoming a renter in your own home! 

Never, ever sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a trusted real estate professional, or a HUD-approved housing counselor! Want to talk more about options for preventing foreclosure? Contact us right now at and we can provide you with that information!

Exploring the Main Differences That Makes a Short Sale a Better Choice Than a Foreclosure

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Just a couple years ago, most people usually thought they had to give up their home in a foreclosure when they faced a financial stonewall. However, since then the phenomenon of short sales has been on the rise, leaving homeowners a bigger, better and brighter option for the present and future. In this article, we explore the comparative differences between the two so you can gain an edge when deciding which is better for you.

Purchasing Power

After walking away from your mortgage through a foreclosure, you can expect to feel the negative impact of it for five years, in terms of being able to purchase another home. Even then, like a bankruptcy, a foreclosure is something you will perpetually have to report no matter how long it has been since the home went into foreclosure. 

Though these days you see a lot of talk about the financial and credit impact foreclosures have on homeowners, the unseen part of it is something to be dealt with. Going through this process can leave a lasting emotional hole in people who otherwise were law-abiding citizens, going about their normal lives when all of a sudden they are faced with severe financial hardship and must resort to extreme measures. That, or if the value of their home has dropped well below the amount they paid for it and they see very little hope for the future.

Short sales are much simpler. They will affect your purchasing power for a mere two years, often just the amount of time it takes to get back on one’s financial feet. Not only that, there is no requirement to report a short sale transaction.

Credit Outlook

There are two main areas that are of concern when it comes to your credit – your credit score and your credit history. In case of a foreclosure, credit scores drop a whopping 200 to 300 points. This can have a significantly negative impact on your ability to purchase big-ticket items or secure loans in the future. Not to mention it takes years to rebuild a credit score that has dropped that low. In terms of credit history, a foreclosure remains visible on your credit report for anywhere from ten years or more, rendering each future potential lending transaction either useless or very hard-pressed at getting approved. The overall impact you will see on your credit will be for about three years.

Short sales are far easier on your credit outlook, in that the point drop is only about 50 on average and the transaction itself will impact your credit profile for as relatively little as 12 to 15 months. The one thing to keep in mind is that if you have defaulted on any payments or if you already have a weak credit profile, the post-short sale point drop on your credit report can be more than just 50. Also, there is no formal reporting or declaration of a short sale on your credit report like a foreclosure although the transaction will show up as either settled or not paid in full.

Amount Still Owed

Usually there is a gap in the amount owed after owners walk away from a property and the bank assumes responsibility. In case of a foreclosure, given the amount of processing time and resultant vulnerability and exposure of the property, the value can and often does drop greatly after vandalism and from sitting there unused. The Deficiency Amount (also called Judgment Amount) is the difference that remains after the bank calculates what was owed on the property at the time of foreclosure and when they sold the home. Because of this vandalism and vulnerability, the amount of value drop is far more than with a short sale, when the homeowners are still residing in the property during processing. The bank has the legal right to pursue homeowners for the amount difference. 

Short sales differ in that not only is the deficiency amount much less but also, your Realtor can negotiate a waiver of that amount so you don’t have to pay for it.

Top 3 Short Sale Mistakes Most Commonly Made

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Click Here for SHORT SALE HELP!

As common as short sales are, they are equally a mystery. Many people have heard the term but have no idea what a ‘short sale’ actually means. Does it mean that the contract is shorter? Or that the length of time in which the loan has to be paid off is less? Neither. A short sale is basically a solution that homeowners have been tapping into lately, designed to ease the burdens of the present economy’s negative impact. By doing a short sale, people are able to save their home from going into foreclosure – and in the process soften the impact on their credit and future home-buying capability.

How Do I Know If a Short Sale is Right for Me?

Not everyone qualifies for a short sale but if it IS right for you the benefits will have a long-lasting and ultimately positive impact on your financial outlook, as opposed to losing your home to foreclosure. People in dire financial situations are usually the ones to have their applications approved. The most common reasons people seek short sales are:

• Loss of employment
• Relocation or insufficient equity
• Health circumstances 
• Divorce
• Unseen sudden increase in living expense

How Does a Short Sale Measure Up Against Foreclosure?

There are three areas where the difference is felt between a short sale and a foreclosure – and these areas weigh heavily in homeowners’ decision on which route to take when facing difficult financial circumstances. Your credit score, credit history and eligibility to purchase another home are each impacted by both decisions.

Credit scores for a short sale are affected significantly less than as with a foreclosure. Choosing the former will only result in a drop of 50-90 points, whereas a foreclosure will lower your score by as much as 250-300 points.

Purchasing another home after you’ve been through a short sale is relatively easier, since you can start that process as early as two years from the date of the short sale. Foreclosures hinder your ability to venture into a new home for at least 7 years.

Whenever your credit suffers a blow there is always a recovery period that goes along with it. The time it takes to recover from a foreclosure is typically ten years and it can go even longer than that. A short sale is unreported, giving you the added benefit of having a “paid in full” status showing on your credit report.

What Would Make a Lender Accept LESS Money?

Given the choice, less money is better than no money and with a short sale the lender is at least coming out somewhat on top. Clearly, the options for homeowners in a financial bind are either a loan modification or a foreclosure. Here are some of the things lenders have to deal with in foreclosures that they are otherwise spared by going the “less money” route:

• The cost of legal proceedings for eviction or repossession
• Loan payment loss during foreclosure proceedings and until the home is resold
• Maintenance and repair of home prior to resale
• Government penalties in terms of loan-freezing when reselling in the market

Commonly Asked Questions about Short Sales:

If a property needs work, can I still do a short sale?

Lenders are more motivated to do a short sale on a property that needs work than on one that doesn’t because they know the risk of loss is heightened with foreclosure when much work is needed on the property.

How long does it take to complete a short sale?

Several factors affect the time required to complete a short sale, including the number of mortgages tied to a property since it would take longer to negotiate with two or more lenders. It takes about 8 to 15 weeks for the lender to receive and evaluate the proposal. Home buyers and sellers should keep in mind that this is a lengthy process. Also, working with a specialist who knows how to manage the transaction is extremely useful. Sometimes, the buyer may get cold feet at the last minute causing the transaction to fall through.

Why do lenders accept less than they are due?

On average, they lose tens of thousands of dollars less on a short sale versus a full foreclosure. When faced with the situation of a failing loan, lenders opt for the lesser of the two evils and choose to accept a short sale.

What is a Short Sale Packet and What Needs to be in it?

A short sale package it used to determine whether a homeowner can afford the property. Our team will work with you and your realtor to gather the information needed to meet the bank guidelines and streamline the process as efficiently as possible. Below are some of the standard items needed to complete a short sale proposal:

1. The Listing Agreement
2. Authorization to Release form (to allow agent to discuss with bank)
3. Mortgage Coupon of First loan (and Second loan if applicable)
4. Hardship Letter (see “How to Qualify” above)
5. Financial Statement
6. Two months of current Bank Statements
7. Tax returns and or W2’s or 1099’s
8. Seller Net Sheet (a copy of the HUD form with offer)
9. Contract (when offer is accepted)
10. Buyer’s Proof of Funds (with offer)

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One very simple way to look at this entire process, which will also help to understand the lender’s perspective: You applied to get the mortgage and you will have to apply to get out of it. Just like with the original application, you will have to supply ample documentation explaining why they should accept your reasons to do a short sale.

Lenders lean favorably toward those applications that fulfill all documentation requirements. Pricing your property competitively, your undivided cooperation during the proceedings and transaction plus working with a quality, experienced short sale specialist are all excellent ways to achieve success in your quest to save your home from foreclosure.

Final Thoughts about a Short Sale

Your bank is not in the real estate business and does not want to own your property. However, you originally applied to get a mortgage and you must also apply to get out of one--the process requires you to submit documentation just like you did when you bought the property. Failure to comply with your lender's guidelines is a recipe for prolonging the process or getting your short sale application rejected and being foreclosed on. The best way to speed your path to the finish line is to fulfill all document requirements quickly and completely, price your property competitively, work with experienced people and cooperate with everyone involved in the transaction.

For more information on Short Sales, please click here and visit my website.