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HomeRun Homes is a centralized marketplace which helps people Find or Sell a Rent to Own Home, both Nationwide and Globally to the thriving Rent to Own Market. http://www.lease2buy.com
Showing posts with label short sale. Show all posts
Showing posts with label short sale. Show all posts

August 23, 2012

5 Real Estate Investor-Endorsed Tips For Buying a Home

Hi Folks,
   The weekend is here. By a virtual show of hands, how many of you will be house hunting this weekend? For those of you that rose your virtual hand as a "yes" to house-hunting, do you feel anxiety about buying a home? Do you feel like you might not be able to keep up the payments, but you really love the home, and you turn a blind eye to any of it's flaws?

   "Most people only buy a couple homes in their lifetime. This lack of experience leads many home buyers to feel woefully unprepared...", says Justin Pierce, a real estate investor in Northern Virginia. It certainly is a big move for most of us, but as Pierce writes in his story on the Washington Post website, "you’re not getting married. You don’t have to make a lifelong commitment to a home", and adds that you can always move later "if you fall out of love with your home, as long as you buy right."

   Pierce writes that he buys a home "almost every month", and admits that even with his experience, "it’s hard to know whether to pounce on a deal or to walk away", but says that the process doesn’t have to be so complicated "if you keep things in perspective."

   There is a set of rules that he relies on when buying a house, and he says that these same rules can be used by anyone buying a house.Pierce shares his wealth of knowledge here to give us some great tips:

Tip #1: Determine your needs for the next five years:
The number one priority is affordability, says Pierce, who suggests that you consider all the costs (including maintenance and utilities). A great example is any unplanned expenses, such as your cesspool overflowing all over your basement the first week you move it (yes, that's what happened in our home!). The cost for removing the carpet that was just put down 2 days earlier, pumping the cesspool, and putting new carpet down was a $2,000 very unwelcomed surprise!). Pierce muses about the folks who buy "half million dollar McMansions and then fail to maintain them", urging you to "buy the right size home; bigger is not always better".

Tip #2. Get the facts:
Pierce says the the number one rule is "do not overpay for a home", and says that he never buys on future value (and refers to that as an illusion that got many of us in trouble). He suggests being realistic if estimating the cost of repairs the home will need. Conversely, he cautions us not to let a home inspection "scare you away from a good deal", and he provides an example of a friend who had the opportunity to purchase a $650,000 home at a short sale for just $520,000, but walked away after the inspector "found a laundry list of items that needed repairs". Albeit a "scary" looking list, as he called it, it was about $20,000 of work, leaving the remainder as over $100,000 in equity. Remember: "Get the Facts !".

Tip #3. Don’t fall completely in love:
"When I’m remodeling a home for resale and I’m faced with a decision to either improve the home’s insulation or make the home more beautiful, I’m almost always forced to beautify.", says Pierce, who says that people who lack experience will rely on their emotions. He adds that Real Estate agents are well aware of this, and this is why they try to "decorate and stage a home so that people fall in love and forget the facts". He cautions that if you fall prey to your emotions, you can get into "bidding wars and overlook discrepancies that need more attention". The final point he makes on this tip is that "It’s much easier to replace kitchen cabinets some time down the road than it is to reinsulate a home. But people aren’t concerned or willing to pay for what’s behind the walls. They should be."

Tip #4. Get professional help:
Pierce says that "Real estate agents, home inspectors, appraisers, lawyers, surveyors and contractors are all valuable resources but they’re no good if you disregard their advice.", and he says the key here is "to trust but verify. In terms of a Real Estate agent, speak with many different agents and ask for references, until you find one that you are comfortable with. Once you are working with an agent, ask your agent to go over comparable sales with you, and "not just spit out a value", as Pierce says, since this will "help you feel confident about your offer and reduce the risk of complications from a low appraisal."

Tip #5. Don’t be afraid to pull the trigger or walk away:
OK, so you have all of the facts about a house that you are incredibly fond of, and if "the price is fair and affordable then don’t be afraid to seal the deal", says Pierce. On the flip side, if the price is above the market value or the price does not take into account the amount of work it needs, Pierce recommends that you, "remind yourself that there are plenty of other houses to choose from".

   Certainly some great tips here, but sometimes, when in the heat of battle and bidding for a home, it's easy to lose perspective. Pierce aptly sums up what your mindset should be during the process; "Remember a house is just sticks and stones and there are plenty of them out there. You make it a home."

   If you were going to add a "Tip #6", what would it be? Please share it with us here.

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Have a Great Weekend, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
Rent to Own Homes and Real Estate Blog for HomeRun Homes: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com


TAGS: #RealEstateInvestor #Homebuying #ShortSale #HomeEquity #BiddingWar #Agents #HomeInspectors #Appraisers #Lawyers #Surveyors #Contractors

January 12, 2012

Local Community Trends Influencing the Rental Home Market

Hello Friends,
   Welcome back, and hope your year has been going great so far!

   We are proud to share an article with you from Personal Real Estate Investor Magazine, in which I was quoted a few times. The article, "Look for Community Appeal", which was written by Teresa Bitler, appeared in the Trends in Rentals Section (in the November - December 2011 issue - Please see a copy of the article linked here).

   From the vantage-point of our website, Lease2Buy.com, I was asked to comment on the market trends that I have seen over the past 10 years of running the site, and more specifically, over the past few months.

The following two excerpts include my comments from within the article:

#1: "The housing market is definitely influencing the rental market, says Robert Eisenstein of HomeRun Homes. A growing number of people are in foreclosure, have sold their home through short sale, or can’t qualify for the necessary financing to purchase a home. Those people still need a place."

#2: "Eisenstein has also noticed a spike in requests for rent-to-own properties, possibly indicating that while people have been forced temporarily to enter the rental market, they would eventually prefer to own their own home."

   This is a great article, and very timely. The golden rule is to "know your market". Know the prices, demographics, employment figures, etc for the specific community that you focus on, either as an agent, investor, or both.

   How well do you know your local market?

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Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #RealEstateInvestor #rentalmarket #renttoown #properties #shortsale #foreclosure #financing

November 14, 2011

Housing Scams Continue to Blind-side Homeowners

Hi Folks,
   Good Morning and welcome back.

   We are all familiar (perhaps even all too familiar) with Identity Fraud when trying to secure a mortgage, but this has been on the decline with all of the new regulations in place, as discussed in my previous Blog Posts. Those committing these fraudulent acts have now moved onto other shady tactics to take advantage of those impacted by the housing market’s downturn.

   With the surge in distressed homeowners and people with upside-down mortgages, a big window of opportunity exists for the scammers, says Amy Hoak in an article on Marketwatch. She said that some offer document preparation, loan modification, attorney services, etc, and they sound like the real thing, and are able to gain a homeowner’s trust.

   "They offer a service, take the homeowner’s money, then disappear", adds Yolanda McGill, senior counsel for the Fair Housing and Fair Lending Project of the Lawyers’ Committee for Civil Rights Under Law, however firms are now prohibited from asking homeowners to pay before services are rendered per the Mortgage Assistance Relief Services Rule, with an exception for attorneys. McGill says, however, that this is "causing some scammers to pose as representatives of law offices".

   Some other scams include a quit-claim deed, which McGill says, "transfers ownership of the home to the scammer, who promises the homeowner a situation where he or she will be able to remain in the house". Another one she mentions is when those who have already lost their homes are being approached to pay money to get the home back. The underlying lesson here is, "Don’t give anyone money to help you with this” she says, and suggests that you seek out a U.S. Department of Housing and Urban Development-approved housing counselor and your servicer.

   When a lender accepts a lower mortgage payoff than the home is currently worth, this "short sale" can be a "lifeline for a distressed homeowner heading for foreclosure", writes Hoak. However, this opens another window for fraud.

   Hoak writes about one such scam when a seller or a representative doesn't submit the best offer to the lender, and "A middleman purchases the short-sale property at the lower price, then turns around and resells the property to a legitimate buyer at a higher price — often on the same day", and effectively, "The middleman pockets the difference, sometimes sharing it with an accomplice", and she cites a recent Federal Bureau of Investigation report on mortgage fraud.

Another fraud mentioned in the story is “reverse staging", where the scammers try to "manipulate the price lower by encouraging the owner to make the house look worse than it is". This approach eventually results in the property becoming run-down and possibly even an eye-sore, which would reduce any appraised value or price evaluation.

   There are many other scams that can involve multiple players in the Real Estate market, and there are new ones springing up all the time. Be wise, be wary, and ask a lot of questions.

   Have you seen any scams that we should all be aware of?

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Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #shortsale #foreclosure #reversestaging #realestate #distressedhomeowners #MortgageAssistanceReliefServices #mortgagepayoff #IdentityFraud

August 16, 2011

Housing Permits, Starts, And Completions All Rise

Hi Everyone,
   Hope you're having a productive and peaceful week. I come to you with some good housing news today!

   For the 12 months spanning July 2010 through July 2010, the 3 components of the New Residential Construction Housing statistics all showed an increase.

   From July 2010 through July 2011, Privately-owned housing units authorized by building permits jumped 3.8%, Privately-owned housing starts jumped 9.8%, and Privately-owned housing completions rose 9.5%, per the U.S. Census Bureau and the Department of Housing and Urban Development.

   What does this mean?

   This paints an overall picture of increased real estate activity from the same period a year ago. My opinion - this is a good thing. However, we are still sitting on a large inventory of existing homes, with a large percentage of that inventory as foreclosure/short sale properties. To gain a better assessment on that very important piece of the market, we will have to see what the National Association of Realtors (NAR) posts for their Existing Home Sales Index for July (due out Thursday Morning).

   Please Stay Tuned !

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Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #residentialconstruction #buildingpermits #housingstarts #housingcompletions #realestate #foreclosure #shortsale

August 9, 2011

Really? They Are Doing THAT To Foreclosures?

Hi Folks,
   Happy Wednesday to you.

   As some of you may be aware, when a person cannot afford their home, it's very easy for late payments to start accruing, and the bank letters come, and all of those other ugly things.

   Before that, a homeowner can try and bring their mortgage current, do a Rent to Own, along with a few other salvage techniques. Ultimately, they may decide to short sale the home, if the price of the home is less than the outstanding mortgage(s). Additionally, they can walk away, and the home will ultimately go into foreclosure. At this point, it remains on the bank's balance sheet as an REO (Real Estate Owned), and the bank uses agents to try and sell the homes to recoup something to cover the losses.

   But this raises the question...what about the "Orphans"...the homes that won't even sell at substantial discounts. What do the banks do with these homes? Bulldoze them!

   "Increasingly, it appears banks are turning to demolition teams instead of Realtors to rid them of their least valuable repossessed homes", which comes from an article aptly titled, "Bulldoze: The New Way To Foreclose", written by Stephen Gandel for Time.com. As Gandel writes, "There are nearly 1.7 million homes in the U.S. in some state of foreclosure.". Now, with the market laws of supply and demand, if there are too many homes on market, prices stay low. Gandel poses the question, "But what if some of those homes never hit the market."? This could be good for the market.

   Just recently, per the article, Bank of America (BofA) announced "plans to demolish 100 foreclosed homes in the Cleveland area.", and most of there homes, according to a BofA spokesman, are "worth less than $10,000". How many so far? Approximately 100 in Detroit, 150 in Chicago, and more cities slated by end of year. It's not just BofA...Fannie Mae, Wells Fargo, and JPMorgan Chase were also mentioned.

   Why is this good? Who does this help?

   It's good for the banks since they no longer need to pay tax and upkeep, writes Gandel. They might even get a write-off for the donations.

   It's good for the local governments since they have the land donated back to them, and they get to develop it or use it as open space,

   The story says that "Housing economists like these deals because they remove homes from the market that would otherwise sell for a low price or not at all", which would drop prices (supply/demand).

   Gandel writes; "we are at the point where banks would be better off knocking down houses that reselling them", and adds that this shows there is "still something very wrong with the housing market." I find it very encouraging that banks are thinking outside the box to stir things up. What do you think?


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Have a Great Week, and Happy Rent-to-Owning !

Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #REO #foreclosure #shortsale #renttoown #repossessedhomes #mortgage


August 5, 2011

Short Sale Requirements For Sellers and Buyers

Hi Folks,

   My apologies for the late post, but I am recovering from a week filled with Strep throat and a high-fever. Thankfully, I have done a sizable amount of my homework upfront, and was able to get this out to you as quickly as humanly possible.

   A comprehensive discussion on the topic of short sales must straddle both sides of the transaction - both sellers and buyers. Today, we will look at some requirements of both sides of Short Sales.

   In a recent article by Greta Guest for the Detroit Free Press titled, "Shortsales, longwaits: Buyers and sellers find process frustrating", Guest says that what you need to qualify in terms of paperwork and forms can "vary by lender".

   The three things Guest says that a homeowner would need to qualify for a short sale (according to the Certified Distressed Property Expert website) are:

* To show Financial hardship: Prove that "there is a situation causing you to have trouble affording your mortgage."
* To show Monthly income shortfall: Prove to a lender that "you cannot afford, or soon will not be able to afford your mortgage."
* To show Insolvency: "The lender will want to see that you do not have significant liquid assets that would allow you to pay down your mortgage."

   Now, let's discuss what needs to be done for those buying a short-sale.

   Jan Green, a Realtor with RE/MAX Excalibur in Scottsdale, AZ, who has processed short sales both on the listing side and purchase side, says that she counsels the buyers about short sales first, and says, "make sure they are pre-qualified; and what their time frame for closing is; do they have a house to sell?".

   Joseph Lam, a Real Estate Broker and a short sale listing specialist with Keller Williams Realty in San Jose, CA, who has been guiding sellers and buyers to get the transaction thru (approved) by the short sale lender, says that "Like any buyer in today's market, the buyer needs to get pre-approved for a home loan first." Lam names one of the requirements as verification of the buyer's downpayment (bank statement, etc.).

   Robyn Love, an agent and an investor with IRCA, who has done short sales on her own and with another negotiation service, also concurs that the "Buyers need to have been qualified from a bank" along with a downpayment. Green, Lam, and Love all add that patience is golden. These deals can take time !

   On the patience factor, Love says that Short sales, "especially when first listed, take several months to be approved.", and when an offer comes, the bank, "may or may not take their offer if it is too low." Love also adds that sometimes "if the foreclosure is months away, the bank won't move fast.", but, "If it's around the corner, the approval is faster."

   Some tips for Buying a Short Sale:

   Love says that usually, the bank is looking to minimize their loss, so a "low ball offer with no low comps or repairs will most likely be rejected.". She also says that pictures of repairs and low comps "help the bank make a decision".

   Green advises that when purchasing a short sale, to "garner all information as to the likelihood of a short sale closing before even putting" a buyer in her car.

   Additionally, Green says that she also interviews the listing agent before showing a short sale, and she asks, "if he/she has collected financial data, hardship letter, has seller consulted an attorney and CPA, does the seller have a true hardship (they might just be "trying" a short sale). "...what is the listing agent's experience in short sales."

   In Summary, short sales are wild-cards for now, until real legislation actually sticks..and yes, "HAFA" (Home Affordable Foreclosure Alternatives), we are talking about you !!

   Comments? Questions? Venting? (Venting allowed within respectable limits)

PSSSST...
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Have a Great Weekend, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog: http://blogging.lease2buy.com
HomeRun Homes Websites: http://www.lease2buy.com and http://www.homerunhomes.com

TAGS: #ShortSale #foreclosure #HAFA #hardship #insolvency #homeowner #prequalified #downpayment #comps

April 22, 2011

Surprises in New Residential vs. Existing Homes?

Hi Everyone,
   All is well in your world, I hope!

   Well, this week, the numbers were posted for both New Residential Construction and Existing Home Sales.

   For New Residential Construction, Building Permits and Housing Starts were up, but Housing Completions were down for the period of Feb 2011 - Mar 2011, however, from Mar 2010 - Mar 2011, all 3 components were down dramatically

   In terms of Existing Home Sales, the numbers trended up from February to March, but down from March 2010 through March 2011.

   "I wasn't surprised by the recent the recent increase in new home construction, and existing home sales for three reasons", says Derek Morton, of Mountain View Title and Escrow. The first reason Morton gives is that, "People that lost their home to short-sale at the beginning of the downturn, are able to begin jump back into the market place if their credit is sufficient.". Morton names the second reason in relation to "fear", saying that, "As the economy begins to improve there is less fear about losing your job, so people are more willing to purchase a home." The third reason that Morton cites is that, "The price of land has dropped to a point that builders can now begin to compete with the price of foreclosures and shortsales.

   Jared Martin, who is the CEO of Keystone Funding, a mortgage company helping providing pre-approvals so potential buyers can begin the home shopping process, says he was not surprised, and that they began, "seeing an enormous number of requests starting in January. So a lot of people starting the process, just not yet pulled the trigger. I think well see an even bigger increase in April....and again in May."Similar to what Morton mentioned above, Martin says that, "Were also not seeing the same worries we saw last year about employment. Most people seem more confident now in the stability of their job"

   Steven, of Sophic, Inc., is also, "not surprised" by these figures, and he says that, "More and more people are taking a serious look at traditional homes and rethinking what their home should be.

   What are your thoughts...were you surprised?


REMINDER - I'm on the Radio Again !
Tomorrow (Saturday Morning), April 23rd, at 8:30AM ET


I will be interviewed live on a local Cleveland (Ohio) radio station (1330 AM WELW), and the interview will also be streamed live at http://www.welw.com/programming/webcast.html. The broadcast is on this Saturday Morning (tomorrow), April 23rd, at 8:30AM ET. I'll be discussing Rent to Own Homes, along with the pro's and con's for both the Buyer and the Seller. The program is titled, "The Home Tool Box", and I am slated for some point during the broadcast (close to the beginning), I believe. As always, be sure to listen in for some great tips, and thanks for your support !

   A Safe and Happy Easter and Happy Passover to those of you observing these Holidays

Have a Great Weekend, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

January 31, 2011

What's It Like Being A Realtor?

Hi Everyone,

   Hope you had a great weekend, and welcome back!

   Today we are going to talk about Realtors, and we are going to hear from a few different Realtors about what they like and dislike about being a Realtor. As Alexis V. Halmy, a Principal Broker with Windermere, says, "Realtors are generally creative people who wear lot of hats... psychologist, decorator, organization guru, expert negotiator" and that, "there are all of the details of running a business...marketing, networking, systems, finance etc... So each day is different and there are new problems to solve all the time." Halmy says that basically, "a Realtors job is to protect their clients and also themselves from those murky waters."

   Halmy says that she likes to really, nail it for someone who is searching for the right thing, as well as being self employed, having a flexible schedule, with nobody to answer to but herself, and no corporate politics.

   Charles D'Alessandro, a Realtor with Fillmore Real Estate, also says that he loves working for himself, and as he says, he is, "Working for the toughest boss I could find, Me!". D'Alessandro also says that he loves when , "a deal is made ,buyers and sellers come together ,and it's all due to my efforts." Similarly, Laura Breitenstein, a Certified Short Sale Professional with Hermann London Group, says that she enjoys, "meeting new people and coming up with ideas on how to creatively market and sell their homes.", and also likes helping buyers find their next home (as she describes it, "It is really fun watching a buyer walk into a home and say "this is it" and they start figuring out where their furniture will go.").

   Patrizia Giassa, an Associate Broker with Keller Williams Realty Premier Properties, says that her favorite part of the job "is the constant challenge of dealing with different people with varying needs and wants and budgets and helping them meet their home goals.", and she says, "over the last 23 years, it has NEVER been boring! It still is fun and exciting ...a good thing, because its a lot of hard work and long hours too. :-)"

   Nancy Lynn Jarvis, a long-time Realtor, says that she got her license over 20 years ago, and she say that the job was interesting, and that, "you learn something new with every transaction.", and, "You meet great people, and awful people. Over time, hopefully you hone your people reading skills so you can tell the difference quickly and cut the unpleasant ones ( never to be confused with demanding ones) loose. You make some good friends along the way, too."

   Now, what would be a story without both Pros and Cons? One of the Cons that Halmy points out is, "Finding out something awful about a house someone is buying.... like a river of water running in the crawl space, or some other material issue that makes the buyer run. (And that can mean the loss of an anticipated commission which can be tough.)". She says that, "In this market what is hard is dealing with the frustrations of sellers who are trying to get their homes sold. They know it is a "buyers" market, they know that prices have dropped but they won't or can't adjust the price of their home to meet the market, despite all data saying that this is exactly what they need to do."

   Interestingly enough, D'Alessandro says that the thing he likes the least is, "watching what's happening with the mindset of many home owners today. They're solely focused on the monetary value of their homes and treat them more like credit cards. Instead, they should remember that their homes are their safe havens from the world, the place where they create memories, and a roof over their heads."

   Jarvis tells me that when the market, "tanked in 2008", she decided to, "sit it out for a while knowing how unpleasant a work environment it would become in the next year.", and ultimately, she says that she, "got bored very quickly and as a time filling intellectual exercise, I began writing mysteries with a Realtor protagonist and used some of the many stories I collected in real estate as background material." Jarvis says that she now has, "three books published and am writing the fourth, and that, "Killing people, it turns out, is even more fun than selling houses."

   Are You a Realtor? What are your thoughts in terms of Pros and Cons ?

Have a Great Week, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

TAGS: #realtor #realestate #shortsale

January 7, 2011

Do Banks Really Forgive a Mortgage Balance After a Short Sale?

Hi All,


   I hope you had a great week, and if you're in the bulls eye of the next snowstorm as we are, I ask you to be careful and drive slowly !

   We recently received the same question from a few different people, and we would like to address that question today. We were asked approximately, "how often is a mortgage balance "forgiven" after a Short Sale?". We posed a few related questions to some professionals with quite a bit of experience, and we'll cover each question along with the answers below.

Question #1: "Will the house loan company forgive an outstanding balance after a home is sold on a short sale"

   David Bartels, an agent and a short sale negotiator, tells us that, "Absolutely. This happens almost every time on transactions we negotiate". Greg Cook, a Mortgage Professional, says that, "In a short sale when the balance of a mortgage debt is "forgiven", the lender almost always will issue a 1099 for that amount.", and continues to say that, however, the "the Mortgage Debt Forgiveness Act of 2007, provides for no tax liability on owner occupied properties up to $2,000,000. So while the debt may be forgiven there is no income tax liability." Cook adds that, "Whether or not a lender chooses to pursue a deficiency judgement for that amount is 1) at their discretion (and) 2) subject to state laws, and this can vary from state to state". Robert Nagle, an attorney in Phoenix, says that he has, "represented over 200 homeowners regarding strategic default. In Arizona, due to the anti-deficiency statutes, most first mortgages (purchase money and refi) forgive deficiencies, and certainly purchase money seconds do, too."

Question #2: "Are there any "rules" that say what amount, if any, will be forgiven?":

   Bartels responds and says that, "Each lender has their own guideline they use to determine whether or not to pursue a deficiency balance. They are not disclosed to anyone. Pursuit of deficiency judgment varies widely and is determined by the investor (owner of the loan).". Additionally, he says that, "For the most part the lender you are negotiating with just services the loan. They do not own it and take direction from the actual investor (owner or the loan)."

Question #3: "Do these rules differ from state to state?":

   "Yes", says Bartels, "CA for instance is a no-deficiency state. This means a lender cannot pursue a deficiency on short sales in CA. On Jan 1 this was expanded to include non owner occupied homes. Exceptions are some(times) made if the homeowner took cash out and used it for something other than improvements on the subject home."

Question #4: "Do they differ between a first house loan and a second house loan (i.e. first is paid off, but a balance remains on the second)?":

   Bartels reminds us that, "A short sale cannot occur unless 2nd releases the lien on the property. This is done via the short sale negotiation. There is no circumstance where a short sale could occur, but the 2nd lien holder does not release the lien.". Cook adds that, "Second mortgages are an entirely different game and will depend on lender and state law.", and adds that, "I was on a conference call with the head of loss mitigation (western division) for Bank of America and he said he had not heard of one lender pursuing a deficiency judgment. Reason? "You can't get blood from a turnip" and pursuing the judgment only increases costs to the lender and the former homeowner is likely to BK out of it anyway." Nagle chimes in on the equity second loans, and says that, "The rule of thumb that I feel the lenders are following is 10 cents on the dollar and a full release IF the borrower does a short sale. The gloves come off if the home has gone through foreclosure."

Question #5: "If it is not forgiven, what happens then?":

   Bartels says that the short sale negotiation and the release of lien negotiation are separate, and that, "When we get an approval that is conditioned on a cash contribution or a deficiency, we have a 2nd negotiation to pay the amount or pay an amount in exchange for no deficiency judgment. There are several ways to do this. We have been successful 100% of the time eliminating deficiency judgements post short sale for our clients so far." Cook says that, "In California, there is no deficiency judgment allowed on owner occupied properties for the loan used to purchase or renovate. As of today, refinanced loans may still be subject to deficiency judgment, but that is likely to change once the new legislature gets their feet under them (it passed in the last session but was vetoed by the Governator)."

   Overall, if you are facing a short sale as an option, it is important that you speak with your mortgage company (all of them), obtain approval for the short sale, consult an agent and also a Real Estate attorney. Make sure you have a plan from A to Z in place before setting it in motion.

   Have we missed anything? Comments? Suggestions?

Have a Great Weekend, and Happy Rent-to-Owning !
Regards,
Rob Eisenstein
HomeRun Homes Blog http://blogging.lease2buy.com
HomeRun Homes Website http://www.lease2buy.com

Tags: #shortsale #foreclosure #lossmitigation #loan