|
|
Folsom, El Dorado Hills Short Sales: Why Won’t My Lender Allow Me To Walk Away With No Deficiency?
El Dorado Hills CA – The Stop Foreclosure Institute recently received a question from James. Here was his question.
"We are in the middle of a very long negotiation with a large national lender.
I had my agent put a clause into the contract stating “upon approval of short sale by sellers’ lender, lenders, & or affiliates, client, or heirs will be released from any monetary shortages or deficiencies from said sale of stated property upon successful closing and transfer of title from that date and forevermore.”
The short sale negotiator, Nathan, has advised my agent that he will reject the file and close it out if we don’t remove this from the contract. What do you think?
After reading your comments, I am not sure of what will happen. How should I pursue this? James."
Click here to discover how other sellers successfully did a short sale and avoided foreclosure.
Here was our answer to his question. I think the negotiator is getting his ego involved. Many loan owners waive promissory notes. He is out of line (and breaching his lender’s fiduciary duty to the loan owner) if the following applies:
1. If it is the investor's policy to not pursue a deficiency.
2. If accepting this short sale will net the investor more money than a foreclosure.
Do these two things apply? You and I don't have millions of dollars to pursue a lawsuit, but we can contact the loan owner directly to let them know what is happening.
If they are going to lose money not accepting the short, then they need to know about what this lender is doing.
Now, the negotiator has the authority to demand a promissory note depending upon who the owner of the loan is. Find out who owns the loan.
Fannie Mae, Freddie Mac, FHA, and VA will let the borrower go free from all future liability. Obviously that doesn't apply if there is Mortgage Insurance.
Find out if any of those entities owns or insures the loan. Then tell the negotiator that you will be contacting them directly. Thinking about a short sale?
I can help you short sale your property and get back on your feet. Send me an e-mail at 3hayes@sbcglobal.net. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 530-306-3316
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thanks for reading this, John J Hayes.
John J is a Real Estate Agent at RE/MAX Gold.
Phone: 530-306-3316. 3hayes@sbcglobal.net.
"Hard Work and Dedication"
View My homes for sale at www.johnhayesrealestate.com/home-search.
John Hayes specializes in loan modification assistance and short sales in El Dorado Hills California. El Dorado Hills Loan Modification Help, El Dorado Hills Short Sales. El Dorado Hills Short Sale Realtor. Sacramento CA Loan Modification Help, Sacramento CA Short Sales. Sacramento CA Short Sale Realtor. Folsom CA Loan Modification Help, Folsom CA Short Sales. Folsom CA Short Sale Realtor. El Dorado Hills CA Short Sales. El Dorado Hills Realtor.
Copyright 2011 SFI Marketing Institute, LLC. All Rights Reserved.
Important Notice
John J Hayes, RE/MAX Gold, and the Stop Foreclosure Institute are not affiliated in any way, shape, or form with the government. Our services have not been reviewed or endorse by the government or your lender. Most lenders willingly work with agents on short sales. Why?
Because most short sales are beneficial to a lender. If you accept our offer to help you on a short sale, your lender may not agree to a short sale or to modify your loan. We do offer a loan modification kit.
However, the likelihood of negotiating a modification is like everything else in life. It takes work and persistence to convince your lender to modify your loan. No matter what you or we do, your lender may not approve a loan modification.
We do not recommend that you stop paying your mortgage, because this will cause damage to your credit and could cause you to lose your home. Because we know avoiding foreclosure is so important to any homeowner, we recommend that you speak with the appropriate legal or tax advisor before making any decision.
This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing.
You have the option to reject a short sale or loan modification from your lender if it does not meet your approval. If you decide not to go thru with the short sale, then you do not have to pay us our fee. We normally make a real estate sales commission for helping you on a short sale.
The views expressed here are John J's personal views and do not reflect the views of RE/MAX Gold.
This information on El Dorado Hills Short Sales: Why Won’t My Lender Allow Me To Short Sale? is provided as a courtesy to our viewers to help them make informed decisions.
|
|
El Dorado Hills CA – Does it make you angry when a bank kicks a family out of their home and loses money as a result? This happens all the time. Let me explain how.
Click here to discover how other sellers successfully did a short sale and avoided foreclosure.
A family buys a home for $250,000. The home declines in value to $150,000. At the same time, their income drops to where they can only afford a $150,000 mortgage payment.
Does their bank reduce their payment and allow them to keep their home? No! Instead, the bank forecloses on the home. But, it doesn’t sell for $150,000.
It sells for $140,000, because the bank didn’t keep it up and the buyers offered less because it was a bank owned home. The bank nets $120,000 on the sale.
So, instead of allowing the family to stay in their home and repay them $150,000; the bank instead chose to kick them out of their home and lost $30,000 as a result.
Isn’t this pathetic? We need to change the system, don’t we? Now, We can have our opinions about how the banks handle loan modifications. We can complain about how they lose their investor's money.
We can do all of this. But, it doesn't really matter if they don't care. The people at the banks are in control of the system. They think they are in the right.
The bankers think that the homeowners were stupid, irresponsible, and bought more home than they could afford. In a real business, when an employee makes a decision that loses the company $180,000 heads, then heads will roll.
Someone is getting chewed out or fired. I remember a friend telling me about a restaurant. An employee had left some chicken out overnight and it spoiled. The restaurant lost $800.
That employee probably got chewed out. Maybe even fired. But, these banks lose Fannie Mae $180,000 and nothing happens. It's business as usual. Pathetic, isn't it?
We need to get out of venting to just people who are in the business. They already know we have a problem. But, the average american doesn't know about the problems.
We need to show the American Public solid examples of how they are losing money. Let’s post the banks failings online. Tell the story at ripoffreport.com.
Loan modifications and short sales will become a game of chicken. You can tell the negotiator, "Turn down this offer at your own risk. If you fail, and the house sells for less money, then I will put the entire story up online."
That will help our cause. All we are doing is making a track record of these bank's decisions. People who have better information will make better decisions.
This will make it easier for Fannie Mae, Freddie Mac, and the American People to make better decisions on short sales and the short sale process.
So, please post your bank’s failings online. Thinking about a short sale?
I can help you short sale your property and get back on your feet. Send me an e-mail at 3hayes@sbcglobal.net. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 530-306-3316
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thanks for reading this, John J Hayes.
John J is a Real Estate Agent at RE/MAX Gold.
Phone: 530-306-3316. 3hayes@sbcglobal.net.
"Hard Work and Dedication"
View My homes for sale at www.johnhayesrealestate.com/home-search.
John Hayes specializes in loan modification assistance and short sales in El Dorado Hills California. El Dorado Hills Loan Modification Help, El Dorado Hills Short Sales. El Dorado Hills Short Sale Realtor. Sacramento CA Loan Modification Help, Sacramento CA Short Sales. Sacramento CA Short Sale Realtor. Folsom CA Loan Modification Help, Folsom CA Short Sales. Folsom CA Short Sale Realtor. El Dorado Hills CA Short Sales. El Dorado Hills Realtor.
Copyright 2011 SFI Marketing Institute, LLC. All Rights Reserved.
Important Notice
John J Hayes, RE/MAX Gold, and the Stop Foreclosure Institute are not affiliated in any way, shape, or form with the government. Our services have not been reviewed or endorse by the government or your lender. Most lenders willingly work with agents on short sales. Why?
Because most short sales are beneficial to a lender. If you accept our offer to help you on a short sale, your lender may not agree to a short sale or to modify your loan. We do offer a loan modification kit.
However, the likelihood of negotiating a modification is like everything else in life. It takes work and persistence to convince your lender to modify your loan. No matter what you or we do, your lender may not approve a loan modification.
We do not recommend that you stop paying your mortgage, because this will cause damage to your credit and could cause you to lose your home. Because we know avoiding foreclosure is so important to any homeowner, we recommend that you speak with the appropriate legal or tax advisor before making any decision.
This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing.
You have the option to reject a short sale or loan modification from your lender if it does not meet your approval. If you decide not to go thru with the short sale, then you do not have to pay us our fee. We normally make a real estate sales commission for helping you on a short sale.
The views expressed here are John J's personal views and do not reflect the views of RE/MAX Gold.
This information on We Must Educate The Public About Banker’s Stupid Decisions On El Dorado Hills Loan Modifications is provided as a courtesy to our viewers to help them make informed decisions.
|
|
El Dorado Hills CA – A good short sale realtor will mean the difference between success and failure on your short sale.
Here are the qualities that make a good, effective short sale realtor.
Click here to discover how other sellers successfully did a short sale and avoided foreclosure.
Persistence. Short sales are frustrating. Many times you will feel like giving up. Many times you will feel like you have finished the task. The short sale will be approved.
Then, the lender tells you that they need a certain document signed by all parties. They won’t approve the short sale until they have that document. You have to send the document and have it signed by everyone.
Some people will be busy and won’t respond. You will have to persist until the sign it and send it back. You never know what documents lenders will throw in at the last minute.
They are always changing policies and procedures and requiring more documents.
Has good organizational skills. Most banks short sale departments are bureaucracies. Everything is CYA. The people working there are not sales people. They are not creative.
They don’t care if a short sale should be approved or not. They only care if their checklist says it should be approved. There is no goal in the process, except making sure the rules are followed properly.
(I think the goal of a short sale should be to reduce the bank’s losses. But, that isn’t the lender’s employee’s goal. They just care about perfect paperwork. Maybe that is why I find the bureaucratic nonsense so frustrating.)
The bottom line is that an organized agent will be able to make sure those rules are followed. They will have everything in order so that the lender’s requests can be met and the short sale approved.
An organized agent will find the time everyday to check on their short sale files and keep the process moving. A disorganized agent will put your file to the side for a week or more.
This will cause delays and could even cause your lender to cancel the short sale process because their requests aren’t being met. Thinking about a short sale?
I can help you short sale your property and get back on your feet. Send me an e-mail at 3hayes@sbcglobal.net. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 530-306-3316
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thanks for reading this, John J Hayes.
John J is a Real Estate Agent at RE/MAX Gold.
Phone: 530-306-3316. 3hayes@sbcglobal.net.
"Hard Work and Dedication"
View My homes for sale at www.johnhayesrealestate.com/home-search.
John Hayes specializes in loan modification assistance and short sales in El Dorado Hills California. El Dorado Hills Loan Modification Help, El Dorado Hills Short Sales. El Dorado Hills Short Sale Realtor. Sacramento CA Loan Modification Help, Sacramento CA Short Sales. Sacramento CA Short Sale Realtor. El Dorado Hills CA Short Sales. El Dorado Hills Realtor.
Copyright 2011 SFI Marketing Institute, LLC. All Rights Reserved.
Important Notice
John J Hayes, RE/MAX Gold, and the Stop Foreclosure Institute are not affiliated in any way, shape, or form with the government. Our services have not been reviewed or endorse by the government or your lender. Most lenders willingly work with agents on short sales. Why?
Because most short sales are beneficial to a lender. If you accept our offer to help you on a short sale, your lender may not agree to a short sale or to modify your loan. We do offer a loan modification kit.
However, the likelihood of negotiating a modification is like everything else in life. It takes work and persistence to convince your lender to modify your loan. No matter what you or we do, your lender may not approve a loan modification.
We do not recommend that you stop paying your mortgage, because this will cause damage to your credit and could cause you to lose your home. Because we know avoiding foreclosure is so important to any homeowner, we recommend that you speak with the appropriate legal or tax advisor before making any decision.
This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing.
You have the option to reject a short sale or loan modification from your lender if it does not meet your approval. If you decide not to go thru with the short sale, then you do not have to pay us our fee. We normally make a real estate sales commission for helping you on a short sale.
The views expressed here are John J's personal views and do not reflect the views of RE/MAX Gold.
This information on El Dorado Hills Short Sales: What makes a good short sale realtor? is provided as a courtesy to our viewers to help them make informed decisions.
|
|
Sacramento CA – According to the Wall Street Journal [1], the average homeowner with a home in foreclosure hasn't made a payment in 492 days. What's even crazier is that those homes are still in the foreclosure process.
That means that a homeowner can live rent free for even longer than 492 days. How long could they potentially live rent free?
Discover how other sellers successfully did a short sale to avoid foreclosure by clicking here.
In some states like Florida and New York, we estimate that they can live rent free for two years. We have even seen cases where homeowners were able to live rent free for three years.
If you are facing foreclosure, then I am sure that is good news. But, I'm sure you are wondering why it is so long. Let me explain.
The entire foreclosure system is backed up. There are several parts that make up the "foreclosure system." The first part is the bank's foreclosure departments
These departments coordinate everything in the foreclosure process. The second part that is backed up are the foreclosure lawyers. There are only so many lawyers trained in foreclosure work.
The big law firms that specialize in foreclosures are now handling 2-3 times as many foreclosures compared to a few years ago. The last part that is clogged is the courts.
The courts are not going to have judges start processing foreclosures unless that judge is properly trained in foreclosure legalities. So they are scrambling to find judges experienced with foreclosures.
This is turning into a spiraling problem. Two years ago many homeowners would have looked down on someone who took advantage of the system.
Today those same homeowners are emboldened by seeing other people do it with no consequences. That is why I think the problem is going to take a few more ways to work itself out. Thinking about a short sale?
I can help you short sale your property and never pay the bank another penny. Send me an e-mail at 3hayes@sbcglobal.net. I will contact you for a free consultation.
When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at 530-306-3316
Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.
Thinking about a loan modification? Our Gainesville loan modification kit has the instructions you will need to get a loan modification approved with your bank. Click here to request a copy.
Thanks for reading this, John J Hayes.
John J is a Real Estate Agent at RE/MAX Gold.
Phone: 530-306-3316. 3hayes@sbcglobal.net.
"Hard Work and Dedication"
View My homes for sale at www.johnhayesrealestate.com.
John Hayes specializes in loan modification assistance and short sales in Sacramento California. Sacramento Loan Modification Help, Sacramento Short Sales. Sacramento Short Sale Realtor. Sacramento CA Short Sales. Sacramento Realtor.
Copyright 2010 SFI Marketing Institute, LLC. All Rights Reserved. This is not intended as legal, technical, or tax advice. Please speak with a licensed professional before making any decision. Information is deemed reliable but not guaranteed as of the date of writing. The views expressed here are John J Hayes's personal views and do not reflect the views of RE/MAX Gold.
This information on Sacramento Short Sales: The Average Homeowner Can Live 492 Days Rent Free is provided as a courtesy to our viewers to help them make informed decisions.
|
|
As we near the end of March 2010, spring is in the air, the little-leaguers are in full swing and the home buying & selling season is underway.
On the horizon:
· April 5th - The federal Home Affordable Foreclosure Alternatives (HAFA) program will be launched.
· April 5th - FHA Loan costs will increase. Upfront mortgage insurance rising to 2.25% of loan amount.
· April 30th - The federal $8,000 First-time and $6,500 Repeat Home Buyer tax credits will expire.
• May 1st - California's new $10,000 Home Buyer state tax credit program will begin.
Locally, March was the 2nd month in a row where the number of closed short sales equaled or exceeded the number of bank owned home sales. Under the HAFA program, expect this trend to continue and expect the process of banks foreclosing on home owners to slow even more than we have seen in the past year. Those who have been considering buying a short sale, or selling their home via a short sale, your time has come!
National Real Estate Market Watch
Washington D.C. is making way for short sales (HAFA program)
Private loan modifications out-numbering government loan modifications
Bank of America sued for not modifying mortgages
Bank of America to start reducing mortgage principal
Regional Real Estate Market Watch
Spring weather brings Sacramento house browsers out in force
California legislators vote to extend tax relief for 2009 home short sales
California approves new $10,000 home buyer tax credit: begins May 1st
El Dorado Hills Real Estate Market
In February the average sales price was $483,000 and the average dollars per square foot was $157. There were 39 sales, 12 were bank owned homes, 12 were short sales. At month's end there were 300 homes for sale, 24 were bank owned homes, 136 were active short sale listings and inventory stood at 7.50 months.
Mortgage Watch
30-Year Mortgage Rate Remains Under 5 Percent
More struggling & underwater borrowers to be offered refi's
Shopping for a loan? New laws, effective 1/1/10, protect borrowers: Must Read!
March 2010 Mortgage Rate Watch - Western Region
Short Sales
2010: The year of the short sale
Facing a foreclosure? Consider a short sale
Home Sellers
Government program pays homeowners to sell at a loss
Pay a commission as low as 1% of the sales price when selling your home
Homes Buyers
The federal tax credit for home buyers: Ends April 30th, FAQ's answered
California approves new $10,000 home buyer tax credit: beginsMay 1st
I will give you up to $2,500 cash back when you buy your next home
Aaron Cullen is a Realtor, Real Estate Broker, and Owner of Brokers Incorporated Residential Real Estate. Aaron lives in Folsom, CA and specializes in representing home buyers and sellers in Folsom, El Dorado Hills and the Greater Sacramento Region. Having relocated from the Bay Area in 2004, Aaron continues to work with home buyers in all cities lying between the Bay Area and Sacramento Area.
ActiveRain Corp. is not responsible for the accuracy of the site's content (which is written by members of the ActiveRain Real Estate Network) and does not endorse the views of the real estate agents, mortgage brokers, and others listed here.
Powered by the ActiveRain Real Estate Network
© 2012 ActiveRain Corp. All Rights Reserved