Register Real Estate Advisors

Don’t do it!  There are many reasons why I recommend seller financing over rent to own in Texas.

If a buyer does not have adequate funds for a down payment and has poor enough credit or income to keep a lender from offering them a loan, I don’t think they should be purchasing a home.  If they do have the income or the down payment, regardless of credit, then seller financing is a great option for them.  I don’t believe a landlord should offer to sell to someone that has poor credit, limited down payment, and unsteady employment.  That sounds like trouble to me – so I would never recommend this to one of my landlords or sellers.

If a tenant needs more time to get adequate financing, then I feel they should  purcahse a home at a later date – that is my opinion.  What if they are never able to get their credit in better shape and now the seller/landlord has agreed to sell their house to this renter?

It doesn’t help that ForSaleByOwner.com is now offering a lease to own advanced search option.  Other states that have different real estate laws, may be more suitable for rent to own tenants than Texas.

All rent to own contracts should be written up by attorneys or atleast reviewed by a real estate attorney.  The contract has to have a lease component and a sale component.  They are legal in all the United States, but I do not recommend doing it.

What if the seller is entering foreclosure?  Would you the tenant buyer know it?  If they got foreclosed on, you’d lose all your equity and get booted out of the house.  There has also been fraud associated with rent to own transcations.

Now for more down side to buyers – what if prices go down and you are locked into purchasing the home for more than it’s worth.  What if interest rates go way up?  If you don’t buy the home, then you lose all your money that was supposed to be going to the down payment.  Some contracts say that if buyers are late on a payment, that payment cannot count towards the down payment.

Realtors don’t have promulgated forms for rent to own options, so you have to pay an attorney to write it up.  Do you know everything you need to put in that contract to protect you and your property?  Neither do I.  That’s why I encourage rent to own buyers to instead use the option of Seller Financing.   Seller Financing can be completed on Realtor promulgated forms and all title company attorneys can write these up easily.  I believe seller financing is a better option for both sellers and buyers/renters.  It’s not just about the forms.  The forms are there because seller financing is more simplistic.  The buyer takes possession right away.  They don’t have to wait to own the property.

If you want to rent to own a home, I recommend you set up seller financing if you are in the state of Texas.  Call me if you want more details.  I can explain better over the phone – 281.288.3500.  Let me know if you want the buyer or seller’s point of view!

Did you know that over the past year, according to the Houston MLS, we have more people renting than in years past. If you want to invest in real estate, it’s better to put a renter in the house than flip it. Many of the short sale and foreclosures on the market currently require that you own the property for a certain amount of time before you can flip it, so it’s better to go ahead and rent it out. The rental payments can pay down your loan and the property can be used as leverage to purchase more investment properties. Call us today at RREA if you want to learn more about investing in real estate to supplement your future income. Our agents would love to help you become an investor and take advantage of the rising rental market we live in today.

Wondering why your neighbor that hasn’t paid a mortgage payment in a year is still living nextdoor or down the street from you?  You might not think it’s fair since you pay your mortgage payment every month, but Freddie Mac is allowing forebearance on mortgage payments for up to 12 months.  In some cases it’s longer than 12 months.  Freddie Mac is trying to help unemployed homeowners, hoping they will find employment and be able to keep thier home.  Below is an article about the help Freddie Mac is offering to homeowners.

By Ronald D. Orol

Happy Monday! This week’s edition of White Board Monday is about how to make a “graceful exit” of your home if you are facing financial trouble. Proactive action at the first signs of trouble will minimize the impact on your financial future.

We have distressed property experts standing by to help you if you or someone you know finds themselves in that situation. Call or email today to get started. 281.288.3500 or info@rrea.com

In today’s market there are a lot of short sales and foreclosures.  If you are one of the unlucky home owners that had to go through this process then you will have a waiting period before you can get qualified for another home loan.  Depending on the type of loan you want or need for purchasing your next home, you will have different requirements.  If you had to file a Chapter 7 or Chapter 13 there are also requirements before you can get a home loan.  Please see below:

Conventional Loans Require:

• Chapter 7 BK – 4 year waiting period from the discharge/dismissal date
• Chapter 13 BK – 2 year waiting period from the discharge date or 4 years from the dismissal date
• Multiple Bankruptcies – If there are multiple bankruptcies within a 7 year period, the waiting period is 5 years from the most recent discharge/dismissal date
• Foreclosure – 7 year waiting period from the completion date
• Deed-in-Lieu/Pre-Foreclosure Sale (Short Sale) – Minimum 2 year waiting period

FHA/VA Loans Require:

• Chapter 7 BK – 2 year waiting period from the discharge/dismissal date
• Chapter 13 BK – 1 year of the payout must have elapsed and the borrower’s performance must have been paid as agreed.  Document that the borrower’s current situation is not likely to recur.  The court must grant permission to the borrower to enter into a mortgage transaction.
• Foreclosure/Pre-Foreclosure/Short Sale – 3 year waiting period
• VA Loans ONLY – 2 year waiting period for Foreclosures

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!

I have found that some consumers want to choose their own title company when they are purchasing a home. It is their right, of course, to choose. However, on what basis is a consumer choosing a title company? It has been my experience that when you allow your Realtor to choose the title company, you have a much smoother closing. This is because title companies work for Realtor business, not consumer business. So title companies want to make Realtors happy so they will repeatedly use their services. So when I use a title company of my choice for my clients, I know they will get great service and I have no fear of the title company going under with their earnest money. I also know I will get all my documents in a timely fashion and if there is a problem, I have someone I can directly contact and trust to resolve it. However, when consumers purchase Foreclosure properties, they usually do not get a choice on their title company. The seller decides or they make the buyer pay for the title insurance.

On a recent transaction I had a buyer that was purchasing a foreclosed home. The title company was chosen by the seller and it took them weeks to get the documents that the lender was requesting. Since the title company was out of town, they did a remote closing at my office. That means the title company sent a notary to get all of the documents signed. Unfortunately in this case, the title company did not send all the docs with the notary. So the next day when we were waiting for funding and my clients were waiting to get the keys to their new house, my clients and I found out they had to come back and sign more documents. Imagine my outrage! Then after the closing the title company did not send copies of the closing documents to my buyers. We had to both request copies several times before they were emailed to them. There are so many things that can hold up funding on a loan. You don’t want your title company to be the reason you don’t get into the home of your dreams. What if we’d had to wait to get docs signed and the lock on the loan expired? We could have lost the entire deal. You want to work with a title company that has a good reputation with your Realtor. One that your Realtor trusts to take care of all necessary details. Trust your Realtor, because is they are worth your real estate business, they know which title company will take good care of you!

WASHINGTON (Federal Housing Finance Agency) – The Federal Housing Finance Agency (FHFA) has set new objectives for the conservatorships of Fannie Mae and Freddie Mac. The three strategic goals for the government-sponsored enterprises include building new infrastructure for the secondary mortgage market, simplifying and shrinking their marketplace presence, and continuing foreclosure prevention activities as well as mortgage credit availability.
Fannie Mae and Freddie Mac have received more than $180 billion in taxpayer support since being placed in conservatorship in September 2008.
According to the Appraisal Institute, the FHFA is doubtful the money will be repaid in full.

Yesterday, the Justice Department and 49 out of 50 state Attorneys General announced a settlement agreement with 5 of the nation’s largest banks in the Robo-signing and Mortgage Service Fraud scandal that first came to light in late 2010.

The settlement, worth $25 billion dollars, was the largest government negotiated industry settlement since the Tobacco Industry settled in 1998.

In the Settlement, $5 billion is earmarked for $2000 payments to be distributed to borrowers who were illegally foreclosed on between January 1, 2008 and December 31, 2011. The remaining $20 billion will be used to help homeowners who are currently in danger of losing their homes by helping with loan modifications, principle reductions, refinancing, short sales, relocation assistance and other alternatives.

Stay tuned!   I’ll bring you more details on this story!