Register Real Estate Advisors

As a Realtor in the Spring and The Woodlands area, I read a lot of articles about the foreclosure crisis and short sales.  I am a Certified Distressed Property Expert, which just means I earned that designation because I took a lot of classes on distressed properties and how to help homeowners that are upside down on their mortgages.  The article below is from the Huffington Post and I thought it was intersting and wanted to share it with my readers.

More than four years into the housing crisis, and after millions of Americans have lost their homes, Federal Reserve Chairman Ben Bernanke is finally taking a stand.

Bernanke sent a Federal Reserve paper to the leaders of the House of Representatives’ Committee on Financial Services arguing that relying heavily on foreclosures to deal with mortgage borrowers that can’t meet their obligations is “costly and inefficient” for the housing market because they can lead to deteriorating homes and weigh on the property values in the surrounding community.

Instead, the paper encourages lenders to “aggressively” pursue loan modifications and for servicers to be given more incentives to seek alternatives to foreclosure.

Foreclosures “can result in ‘deadweight losses,’ or costs that do not benefit anyone, including the neglect and deterioration of properties that often sit vacant for months (or even years) and the associated negative effects on neighborhoods,” the paper said. “These deadweight losses compound the losses that households and creditors already bear and can result in further downward pressure on house prices.”

The Obama administration has already pursued policies aimed at encouraging lenders to modify loans, although to very limited success. The Home Affordable Modification Program, which Obama announced in February 2009, had helped fewer than 700,000 homeowners as of October, despite promises that the program would encourage banks to modify the loans of 3 to 4 million homeowners.

The paper mirrors findings from regional Fed banks indicating that foreclosures can be detrimental to more Americans than just those who are losing their homes. Properties that are occupied, but in foreclosure, drive down the surrounding property values twice as much as vacant properties, an October study from the Cleveland Federal Reserve found.

And with millions of foreclosed properties already in the pipeline, the foreclosure process is already taking longer than in recent memory — a situation that may only be exacerbated if lenders don’t take the Fed’s advice. The average foreclosure process now takes 674 days, almost triple the time necessary in 2007.

Another alternative to foreclosure proposed in the paper is to combine a deed-in-lieu of foreclosure — or a program where borrowers return the home to lenders without foreclosure proceedings — with a rent-back arrangement. Others have floated a similar plan, including left-leaning economist Dean Baker, that would allow defaulting borrowers to stay in their homes, but as tenants.

The Obama administration also considered a plan in August to boost falling home prices by turning thousands of government-owned foreclosure properties into rentals. If the program goes through, the spaces would likely have some takers; the U.S. apartment sector has expanded past recovery, indicating a boost in rental demand.

Are you in need of a short sale, but have a second lien holder on your home? Having a second lien does make it more difficult to do a short sale. The first lien holder will decide how much money the second lienholder will get paid off if the short sale is accepted. So what if the second lienholder won’t take that amount from the first lienholder? It can be a mess!

So you had your Realtor do a short sale. She found a buyer after advertising for months. You and your Realtor and the first lienholder negotiated the contract. Everyone is happy except the second lienholder. You see, if the second lienholder won’t take the payoff from the first lienholder, then clear title cannot be transferred to the buyer, which means the short sale cannot be done. So, the home goes into foreclosure or the sellers have to file bankruptsy. The short sale is over.

In the past I had a seller who was in this situation. The seller, their first lienholder of thier mortgage, and the buyer were all in agreement on the short sale. The first lien holder, the bank, was going to give $3K to payoff the second lienholder. But the second would not take the $3K. They wanted their full amount due (which if the sellers could pay they would not be doing a short sale!) So the home was not able to sale. Everyone loses. The Realtor loses commission even though they found a buyer. The seller loses their home to foreclosure. The bank has to pay additional fees for the foreclosure. The buyer lost the house they wanted and could afford to buy. The second lienholder walks away with nothing. It’s such a shame when this happens.

If you are interested in doing a short sale, please contact your Realtor early on in the process. Once a foreclosure date has been set, it is hard to get the bank to extend it out to allow time to market the property. If you have a second lienholder, tell your Realtor in the beginning so they can start the negotiations between the second and first lienholders. It can be done. I have seen many second lienholders take the settlement from the first lienholder. It usually works out, but unfortunately, sometimes it does not. Make sure you use a Certified Distressed Property Expert if you need to do a short sale. There are so many things that can cause a short sale to foreclose. Make sure you have a Realtor that can get it closed for you! At RREA, we have many Realtors with the CDPE designation that have closed many short sales. Please call today if you or someone you know is having a mortgage crisis. We can help!

Ever wanted to find out more about Foreclosures in Spring, The Woodlands, and Houston, Texas? Check out this video from The Houston Association of Realtors to learn more. It’s part of my twice a week video blog series that helps consumers make informed real estate decisions.

This video, produced by the Houston Association of Realtors, helps consumers to understand what a short sale is and how the process works. A distressed property is one that is in the short sale process or is currently under foreclosure. Currently, Shannon Register is a designated Certified Distressed Property Expert and Certified to do Short Sales and Foreclosures. When a foreclosure does not sell on the courthouse steps, it returns to the Bank Owner in what Realtors refer to as an REO (Real Estate Owned Property.) If you know someone having dificulty paying their mortgage, the best advice you can give them is to contact our team as soon as possible for help. The short sale process takes time, so the sooner you get the property listed, the sooner it will sell and the less likely the bank is to foreclose on the owners. It can be humiliating to be behind on your mortgage, but our team knows the sensitivity of this ordeal and we understand that there are many situations that can lead to slow mortgage payments that cannot be caught up. Please contact us first for help! We are trained and work with banks regularly to help consumers in the Houston area. Our expertise could save your home from Foreclosure and save your credit so you can purchase a home again in two years – and there’s usually no cost to you!

NEW YORK (CNNMoney.com) – More than 51,200 troubled homeowners nationwide received long-term mortgage modifications last month under the Obama administration’s foreclosure prevention program, according to figures released today.

 That brings the total to more than 389,000 since the program began in spring 2009.

 However, the June figures also showed that 520,814 distressed homeowners have had their trial modifications canceled, leaving 364,077 borrowers in the initial phase of the program.

 Homeowners usually are dropped from the trial program because they do not make the required payments, meet the qualifications or submit the needed paperwork.

Homeowners who have the ability to pay their mortgages but think it makes financial sense not to may want to think again. Fannie Mae announced a new policy directed at borrowers who choose a “strategic default.” Those who walk away from their mortgages without making a good-faith effort to resolve the situation will be barred from getting a new Fannie Mae-backed mortgage loan for seven years.

If that doesn’t get people’s attention, perhaps the policy’s other main provision will: Fannie Mae plans to take legal action against borrowers who strategically default. The secondary-mortgage giant will seek deficiency judgments to recover the outstanding balance of those loans. 

NEW YORK (New York Times) – April 5th will mark the beginning of a new program by the Obama administration intended to end the foreclosure crisis — one that will pay homeowners to sell their homes.
The program will allow owners to sell their homes for less than they owe and give them cash to expedite the process.
Hundreds of thousands of delinquent borrowers will be encouraged to sell their houses through short sales, in which properties are sold for less than the balance of the mortgage.
The new program will give the servicing bank $1,000, and another $1,000 may go toward a second loan, if one exists. The distressed homeowners will also receive $1,500 in relocation assistance.
Borrowers could suffer less damage to their credit ratings under the new program, and they will receive the lender’s assurance that they will not later be sued for an unpaid mortgage balance.

The Texas Association of Realtors, in partnership with the National Association of Realtors and other organizations, has launched two consumer oriented Web sites. 

http://KeepMyTexasHome.org made possible by an NAR grant, is a comprehensive resource for Texas Homeowners who are, or who may become, behind on their mortgages.  The site outlines the foreclsoure process in Texas and provides best-practice steps and other resources for Texans who may face foreclosure.

http://TxHomePrograms.com , part of an NAR pilot program, offers a continuously updated database of statewide affordable-housing programs.  Not only does the site enable consumers to search for specific types of programs, it also has a real estate glossary (just like my site!), and outlines the homebuying process (just like my site!) and provides helpful information on consumer issues, such as predatory lending.

Due to the massive amount of short sales and foreclosures in the Houston area I have acquired my CDPE – Certified Distressed Property Expert Designation.  This new designation has taught me the short sale process and how to get the deal closed.  It is the designation that banks require for Realtors to work on their distressed and foreclosure properties.  If you or someone you know is behind on their mortgage please choose a Realtor that holds this designation.  I enjoy helping homeowners learn how to avoid foreclosure and helping them sale their properties before they are foreclosed on.