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Rosemary Brooks -Mother & Daughter (866)-750-8282

Homeowners: I cannot/will not tell you to..... go default (or STOP Paying YOUR MORTGAGE)! I would be out of line...

Dear Homeowners

This letter is let to you know that I appreciate your calls because it is sign that you are searching and finding my name on the web, blogs and I know you can find me on ActiveRain. But because some of my callers are putting me in a bad place with trying to get me to tell you to stop paying your mortgage, go default and make other personal, professional and life altering decision for you and family ---> I have to draw the line.

I am just a real estate agent, not an attorney, tax consultant, IRS expert or adviser - therefore - I am not the best to ask. If you find that you are any of the listed below but not limited to:

  • under water
  • late payers
  • still paying your mortgage but foresee trouble down the road
  • borrowing from your credit cards
  • just plain don't want your property anymore because it is not worth anything to you - because you owe more than it is worth (way more)
  • Sick and tried of seeing houses in your neighborhood that are being sold for pennies on the dollar and here you are stuck with the home that you owe more than 2 or 3 of the houses in neighborhood all added together
  • just plain sick and tired
  • have renters that are not paying you on time or are fearful that you are in or about to be in foreclosure
  • in default
  • about to be in default or whatever the case may be - other than listing, CMAs, selling and other real estate agent duties -- I cannot step out of my boundaries or break the rules and step into the other professional place

The Department of Real Estate

Does not allow me the authority to tell you to go .... default, stop paying on your mortgage, put yourself in foreclosure (harms way)! I can't even tell you WHAT your hardship is or when it started or if you are still in it. Some decisions are better left unsaid by me.

This is your choice and it should be in accordance to your situation. Or you should call the right professional to match the situation.

  • Got a tax question... call the tax professionals (tax man, attorney, IRS, others)
  • Can't make your mortgage payments and want to know your loan modification options (call your lender)
  • Want to file for bankruptcy? (call bankruptcy professional, attorney)
  • Worried about the xx,xxx amount of money you have in the bank that shows that you have solid finances (call CPA, attorney, tax professional, or your lender - not sure calling IRS is cool on this one)
  • Worried if your lender will just let you short sale because you are not feeling keeping your property (your lender would have to decide)
  • especially when you do not have a hardship... do not expect me to give you one!
  • Have a rental... renters are paying you but you are not paying the bank??? (Gosh I don't know who you should call on this one!) not me

Want to short sale your property and you are clean, upfront and in hardship? THERE.... you can call me for this!

The banks are going to get mad if they sense that you deliberately did not pay your mortgage -- believe me this will not be the last of that. So if someone tell you to go default... you should not listen in my opinion.

Now if situation puts you in a hardship that you cannot pay your mortgage... join the rest of the world. There are rules to giving short sale approvals and one that is still holding fast is that you need to show a hardship (and this has to be the truth), and yes there is one other that I know has not changed and that is you stand a better chance if this is your primary residence if you expect to be "forgiven". But don't ask me how it works because that is between you and your tax adviser or the IRS. I am not a professional in those areas.

I know my place and do not intend on getting out of line! I am a real estate agent: I do have the authority to advise you regarding anything but real estate matters. No tax, no tax, no bankruptcy, no taxes... or did I say no taxes and sure I can not tell you to JUST DO IT and go default!

But please do not call me to hear me tell you to go default. I can't. Its not my business or place to give you that kind of advise.

Thank you!

Call us at 866-543-0461

Mother & Daughter Blog

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Buyers: CALHFA -- is it a good match for you?

Buyers, I know it is pretty confusing right now as to what programs, credits and assistance is available to you to help with your First TIme Home Purchase.  One day you hear all down payment assistance is dead in the water, next you hear some are coming back ---> it is plain confusing to keep up with all the changes.

Remember CALHFA? 877-922-5432  CLICK HERE

Well it is still breathing and did receive funds to keep hope alive - thanks to Obama!

CALHFA also launched a new First Mortgage Program - CAL30

Reinstates CHPAP - down payment assistance program

I invite you to check out the CalHFA site and read all about how this program maybe able to help you with your First Time Home Buying.  Also, ask your lender and be sure to get a lender that is up on all the programs out there so that you can get the best help.

In order to qualify for a CalHFA loan, certain requirements must be met. They are:

  • Be a first-time homebuyer.
    (CalHFA considers you a first-time homebuyer if you have not owned and occupied your own home during the last 3 years.).
    (This requirement is not necessary if the property is located in a Federally designated "Targeted Area*")
  • Have an annual household/family income within CalHFA's income limits for the family size and county in which the home is located.
  • Purchase a home that is within CalHFA's sales price limits for the family size and county in which the home is located.
  • Live in the home you are purchasing for the entire term of the loan, or until the home is sold or refinanced.
  • Meet credit, income and loan requirements of the CalHFA lender and the mortgage insurer.
  • Be a citizen or other national of the United States or a qualified alien.
  • All borrowers must have completed homebuyer education counseling and received a certificate of completion through an eligible homebuyer counseling organization.

BUYER: Settlement Procedures Act & AB 957 - Buyer's Choice Act

As I posted previously.... Buyer's now get a choice, thanks to Real Estate Settlement Procedures Act and AB 957 Buyer's Choice Act.

When you are purchasing foreclosed properties, you should be getting a form with the wording listed below or something similar.  This should be signed along with the offer and presented to the bank for their signature.

This is not something the banks are all tickled about, but it is now the law.  They are not suppose to hold buyer's choice of escrow against them when making a decision on the offer presented.  It's the law!!! So if you do not get a notice that addresses this when you sign your offer --- ask your agent for it.

It should read something like this....

Notice to Buyer

Regarding Real Estate Settlement Procedures Act and AB 957

Buyer's Choice Act

Property Address: _____________

According the Real Estate Settlement Procedures Act (RESPA) and the Buyer's Choice Act (AB 957), a seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling the property, that title insurance covering the property or escrow services provided in connection with the sale of the property be purchased by the buyer from a particular title insurer or escrow agent.  The law does not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow agent recommended by a seller if written notice of the right to make an independent selection of those services is first provide by the seller to a buyer.

Prior to entering escrow, __________ (Bank Name) selected an escrow company and a tilte provider in order to generate a preliminary title report concerning the above-referenced property.  Buyer is hereby informed that Buyer has the right to purchase the services of title and escrow providers of Buyer's choice.  Bank is not mandating, either directly, or indirectly, that Buyer use Bank's title and escrow providers.  Buyer is hereby informed that Bank escrow company other than those that Bank has recommended, Buyer shall informat the listing agent of Buyer's choice of providers. If Buyer selects different providers other than those that Bank has recommended, this will not affect the Bank's decision to sell the property to a particular buyer.

By signing below, Buyer acknowledges receipt of this Notice and Buyer's right to make an independent selection of title and escrow service providers.

and there is a place for both buyer, seller, listing and selling agent to sign and date.

DO NOT FORGET TO ASK YOUR AGENT FOR THIS FORM IF YOU DO NOT GET IT WITH EACH OFFER YOU SUBMIT.  Most listing agents will have this form attached to the MLS listing for your agent to download it and have you sign it right along with your offer.

This does not affect short sales because of now, buyers have this choice already.

Call us at 866-543-0461

Mother & Daughter Blog

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Buyers: Are you Just Out There Making Bids on this one and that one? or... is it the house you really want?

Given the market condition, the competition it is really hard on buyers these days to view, make an offer and get the property of their dreams.  Most buyers seem to be out there just making bids - to get something.  Owner occupied buyers should not be just making bids on any old property.  They should be able to view that property and see that it is "the one" for them.  They should be able to bring their list of wants, needs, can't do withouts and can/will do withouts and decide oh I love it or Naw this one is not for me.  Next!

Is this a deal or are you bidding in order to get something, anything?  Are you bidding to out-bid the next buyer or are you bidding because you feel it is a deal that you cannot pass up and this property is really worth what I am willing to pay ---> not I am willing to pay whatever!

Do you consider:

  • Location, Location (how far is from my work, Church, Schools, Freeway and other things I do on a daily basis)
  • What are the market conditions in comparison to other property of same likeness?
  • Condition of the home - is it really in good condition? Or is there a list of "gotta do's right off the bat"

Condition of the neighborhood - do you see pride of ownership in the neighborhood or do you see red flags all over the neighborhood.  Did you see a Neighborhood Watch sign anywhere or do you feel this neighorhood is safe enough? Did you have time to check the crime rate?

Also, make sure you are not just making an offer and really and simply do not like the house??

  • Make sure it matches you
  • Make it is what you need and especially what you want
  • Or are you saying I can live with this.... I know I can!

There are alot of foreclosures and short sales out there but please take your time and get something you will be proud to call it home.

 

 

Call us at 866-543-0461

Mother & Daughter Blog

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Property Description: "Needs TLC" and its a Fannie Mae Property ...... better check out a Renovation Loan

While there is the FHA 203K streamline renovation loan that works great - if the property is a Fannie Mae property the better renovation loan for FM properties is a HomePath Renovation Loan.  

HomePath Renovation Loan: This type of renovation loan is only for properties that are owned by Fannie Mae.   Some of the other considerations:

Low down payment and flexible mortgage terms (fixed or adjustable rates).  Down Payment (at least 3%) can be from:

  • Your savings
  • A Gift
  • A Grant
  • Loan from non-profit
  • State, local Government or your employer
  • There is no mortgage insurance required (Unlike... FHA 203k)
  • Appraisal is not required 

HomeStyle Renovation Loan: This type of loan is set up for investors 

Go to this link to check to see if the property qualifies for HomePath Renovation Loan:  www.HomePath.com

 These types of loan works best on properties that are not Fannie Mae owned

 FHA 203k Streamline Renovation loan:  Click for 203k Streamline Information. 

 Wells Fargo - Purchase & Renovate Loan:

If you don't have the cash for the down payment, closing costs, and the necessary renovations, then Wells Fargo Home Mortgage may have a solution for you. The Purchase & Renovate loan finances both the purchase of your home and the renovations you need simultaneously.

Wells Fargo - Finance & Renovate Loan:

With the Refinance & Renovate loan, you don't need to have a lot of equity built-up, because the amount you can borrow is based on the increased value of the home after improvements are made. Also, the Refinance & Renovate loan usually offers a lower monthly payment than the combined interest of getting two separate loans.

 Check with your lender and see where you fit, what you can get if that property is in need of some work or  TLC

Call us at 866-543-0461

Mother & Daughter Blog

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CHECK OUR WEBSITE: http://www.motheranddaughterrealtyteam.com