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Jessica Sulliman

How to Save Yourself from Foreclosure!

Our passion is to help those facing foreclosure to deal with their situations, either themselves or with the help of professionals. It is our opinion that homeowners in trouble should consider trying to negotiate with their lender themselves before paying any company to obtain a modification/deed in lieu or short sale.

The key is (I) not to wait until too late if your own efforts are not successful and (ii) not to accept a servicer's offer just to reinstate the mortgage and spread arrearages, when you could not pay the basic mortgage payment in the first place.

Usually what they offer is not what can be negotiated. Remember that they are not going to just reduce your payments to be helpful. They will go only as far as they feel they need to. Good negotiating is an art and you can either learn it or have us do it for you.

Remember, once you accept a modification or forbearance plan, the holder will never renegotiate it. So do not make the mistake of taking what they first offer or settling for something that is not realistic for your budget or will not last you long term. For example, if you owe $500,000 on your home and it is now worth $250,000, and you know you may need to sell in 5 years.....a loan modification that does not reduce the principle is probably not the best option for you as you may just be avoiding the inevitable. The likelihood that you will recoup $250,000 of your home's value in 5 years is slim to none. In this case, a short sale may be your best option. Better to do it now rather than later so that you can begin the recovery process immediately and move on.

How to handle a foreclosure:

There are, basically, five parts to obtaining a desired result.

Part one is to put together all of your documents and prepare certain forms necessary to deal with loan servicers.

Part two is to put together the facts of the origination of your loan to show the servicer and holder that you can legally contest the foreclosure and that foreclosure will be very expensive in comparison to a modification, or deed in lieu or short sale.

Part 3 is to slow down the actual foreclosure process, to allow time to negotiate.

Part 4 is to put together a plan that will fit the holders' underwriting guidelines.

Part 5 is to break through the servicer's lower level personel to a decision maker and then negotiate.

If, at any point in this process, you find that you might not be successful, we are available to assist you with further educational materials and/or negotiation services that have achieved over a 90 percent success rate to date.

If you desire more information or wish to engage us please contact us.

Best of luck to you!!!!

REal Estate Needs. REal Life Solutions

Jessica Sulliman & Randy Curnutt

Realtor, Real Estate Consultant, REO & Short Sale Specialist

jessica.sulliman@ashbyrealty.com

(602) 677-7977 Jessica Direct

(602) 677-1002 Randy Direct

(602) 445-9931 Fax

www.sunshinespecialists.com

Everything Lenders Don't Want You to Know about Foreclosures

EVERYTHING LENDERS DON'T WANT YOU TO KNOW ABOUT FORECLOSURES ......and how to use it to your advantage.

Every day we read about the "foreclosure crises" and how the real estate market crash was responsible for it. NOT TRUE. The truth is that most mortgages that are in foreclosure today, were made by lenders who knew that the borrowers would be unable to pay unless they refinanced. And they should have known that great markets don't last forever and people would not be able to refinance.

How does an adjustable rate starting at 2 percent and going to 10 in two years sound?? Think anyone could afford that jump??

The terms were unconscionable; not just ethically, but legally. As was predictable by every lender, when prices started dropping and the credit scores of these consumers did not improve, refinancing was not possible and foreclosures resulted.

And now, we are all left holding the bag.

That is only the beginning. Almost every loan for the last 14 years was made with an improperly done appraisal. Appraisals, under a law called FIRREA are supposed to be totally independant, but realtors, mortgage brokers and lenders made sure that appraisers were pressured into inflating appraisals. That pressure violates any number of laws and regulations and can be used to the borrowers advantage.

Many loan documents did not properly compute the APR on the loan, which is another improper practice.

Loan terms were unexplained and were never properly explained or disclosed. Actual fraud was not unheard of and consumers were the victims, although lenders claimed it was them.

But, there are ways that the lenders' conduct and its impact on the cost of foreclosures, can be used to negotiate afforable modifications, deeds in lieu of foreclosure and short sales. That is our specialty and we do it very, very well. In fact, to date, we have been succesful almost 90 percent of the time.

For more information on how you can find and use this information please contact us. We specialize in short sales, but if another foreclosure alternative is in your best interest, we can assist with that as well or refer you to someone who can do it better. I do hope that this information is helpful!

REal Estate Needs. REal Life Solutions

Jessica Sulliman & Randy Curnutt

Realtor, Real Estate Consultant, REO & Short Sale Specialist

jessica.sulliman@ashbyrealty.com

(602) 677-7977 Jessica Direct

(602) 677-1002 Randy Direct

(602) 445-9931 Fax

www.sunshinespecialists.com

Investors vs. Traditional Homebuyers: First Time Buyers Struggle with Bidding Wars on homes in Arizona

Low-priced foreclosures incite bidding wars: A feeding frenzy that is pitting investors against traditional home buyers

The Associated Press updated 11:34 a.m. MT, Mon., July 20, 2009 PHOENIX -

Each time Lance and Kelli Thorson thought they had found their first home, someone would outbid them. It's already happened at least 15 times. This wasn't how it was supposed to be in a depressed housing market like Phoenix. Buyers are supposed to be able to walk in, and get pretty much whatever they want. Now, the Thorsons have taken up a tactic not seen since the heydays of the housing bubble — they are making offers on homes before they've seen them, as many as three per day. "It's frustrating because we've jumped through all the hoops and there still isn't a reward," Kelli Thorson said. In Phoenix suburbs and other areas of the nation saturated with foreclosed homes, low prices for bank-owned properties are sparking bidding wars that drive up sale prices, entice investors and frustrate traditional buyers who make dozens of offers and still can't land a home. Experts say the environment is strikingly similar to what they saw at the height of the real estate bubble. "This market is about as abnormal as the hypermarket that we came out of a few years ago," said Jay Butler, director of the Realty Studies program at Arizona State University. Just as they did during the boom period, investors now are stocking up on homes, driving up prices and forcing traditional buyers to the sidelines in some areas, Butler said. Because they often pay cash and buy several houses at once, investors are attractive to banks trying to shed dozens of foreclosures, he said. Traditional buyers add time and hassle to the process because they have to be approved for a mortgage. The market won't stabilize until investor influence diminishes and it is once again driven by buyers who plan to live in the home, Butler said. The problem is centered in newer, lower-priced communities affordable for young families and other first-time home buyers. They're the same neighborhoods that were overrun with foreclosures as mortgage rates adjusted and home values dropped. Homes are now listed at much lower prices than when they were sold just a few years ago. In the Phoenix area, the median resale home price last month was $125,000, down from a peak of nearly $265,000 three years ago. Prices have risen from a low of $115,500 in April, when agents say they began seeing a buying frenzy. Real estate agents have been noticing the problem for the past two to three months, said Walter Molony, a spokesman for the National Association of Realtors. It is especially acute in heavy foreclosure areas such as Las Vegas, Phoenix, southern California and southern Florida, where prices are correcting to levels well below their peak during the boom, Molony said. In those areas, it's not uncommon for sellers to get multiple offers. The Thorsons thought they were ideal home buyers. They saved money, have good credit and little debt. But at house after house, the prices are being bid up above the asking price. They made an offer on one bank-owned house, only to hear a counter offer that was $33,000 above the initial asking price of $117,000. Federal legislation designed to help people stay in their homes has slowed the flow of foreclosures into the market, lowering the inventory and increasing the demand for remaining homes. In Maricopa County, which includes metropolitan Phoenix, nearly 32,000 homes are on the market, down 30 percent from January. In the Las Vegas area, home inventories are down nearly 10 percent since March, according to data from the Greater Las Vegas Association of Realtors. Last month, 4,702 homes were sold in southern Nevada, a record number; 74 percent were foreclosures. Las Vegas real estate agent Jonathan Abbinante said he has clients who are making three offers a day on homes they've never seen. If they get a response, they'll check out the house and decide whether to continue or back out. He said he sees a similar frenzy for houses he's selling. "I sell homes right over the Internet," Abbinante said. "That's what I did in 2004." Bidding wars often result in prices higher than a home's appraised value, putting traditional buyers at a disadvantage against cash buyers who don't need an appraisal to secure a loan. That's happening a lot lately, said Jerry Lou Davis, a real-estate agent in foreclosure-heavy Merced, Calif. She saw similar activity early in the housing bubble. For the Thorsons, with a lease expiring next month and a second child on the way, the pressure to find a home is growing. Kelli is eager to paint and decorate. She already has plans mapped out for their 2-year-old daughter's room. "Buying a first home is supposed to be a really exciting thing to do for a family," Lance Thorson said. "But all the hoops you have to jump through kind of take away from that excitement." Copyright 2009 The Associated Press. All rights reserved.

Looks like things are picking up! My advise: Prepare your buyers for the possibility of bidding wars and be sure you come in with a strong offer!

URL: http://www.msnbc.msn.com/id/32011159/ns/business-real_estate/

FINALLY! Canadian Vacation Home/Second Home Buyer Financing is Here in AZ!

See full size image

No U.S. Social Needed
Canadian Credit Report
25% down - Second/Vacation Homes Only
5/1 Principal and Interest ARM - amortized 30 years
No Prepayment Penalty
Customer sets up U.S. Bank account to pay mortgage

Close Of Escrow - typically 30-45 days, but needs to be addressed before offer to address any necessary delays due to location/accessibility of borrowers.

Rates will vary based on the day, but are competitive for the program. Today the rates are high 5's low 6's.

Call for details!

REal Estate Needs. REal Life Solutions

Jessica Sulliman

Realtor, Real Estate Consultant, REO & Short Sale Specialist

jessica.sulliman@ashbyrealty.com

(602) 677-7977 Direct

(602) 445-9931 Fax

www.sunshinespecialists.com

Short Sales, Foreclosures & Serious Changes to Arizona's Anti-Deficiency Statute

You are receiving this email because of your affiliation to the Arizona Association of REALTORS®

The Capitol Insider - Weekly REALTOR(R) Legislative   Connection

Volume I / Issue VI

July 19, 2009

SB 1271 - Anti-Deficiency Law Change
One of over 200 bills pushed through the legislature in less than a month was a big change to an existing law that provided protection to borrowers in some cases against a deficiency judgment when their property went through foreclosure. Below is some background information on the legislation that has the lending and real estate industries a buzz with its intended and unintended consequences.

SB 1271 - Serious Changes to Arizona's Anti-Deficiency Statute
SB 1271 was sponsored by Senator Sylvia Allen, a REALTOR® from the White Mountains area of our state. The legislation started out in January as a bill dealing with jail districts and property tax limits. In June a strike-everything amendment gutted the original bill and changed its direction entirely. The Arizona Bankers Association argued successfully that the changes provided in the legislation were necessary because abuses in the current law were costing Arizona-based banks millions in losses. There was significant sympathy for the Arizona community banks in making the changes provided by this legislation. In other words, the legislators found it very easy to hold property investors liable for their debts while arguing that homeowners would still retain their deficiency protection if they lived in the home for six consecutive months. The legislation sailed out of the Senate by a unanimous vote but just barely received enough votes to pass the Arizona House of Representatives. The Governor signed the bill on the last day to sign or veto the legislation.

The current law - Arizona Revised Statutes (A.R.S.) § 33-814 currently states that within 90 days after the date of sale of a trust property under a trust deed, a legal action may be brought to recover a deficiency judgment against the borrower (trustor) who has now had their property foreclosed. The deficiency judgment must be for an amount equal to the sum of the total amount owed as of the date of the sale either by the fair market value of the trust property as determined by the court or the sale price at the trustee's sale, whichever is higher. The current law prohibits a lender from seeking a deficiency judgment against the trustor (foreclosed property owner) if the trust property is 2.5 acres or less and is used as a single one-family or single two-family dwelling.

The law effective September 30, 2009 - SB 1271 amended A.R.S. § 33-814 (G) to require that the trustor must have "utilized" the property for six consecutive months and a certificate of occupancy must have been issued. What does this likely mean? Various attorneys are opining different theories. My interpretation of the statute is that after September 30, 2009, properties sold at trustee's sale likely will not qualify for the anti-deficiency exemption unless the trustor lived in the single one-family or single two-family dwelling for at least six consecutive months. The legislative Fact Sheet, as transmitted to the Governor, states that SB 1271:

Prohibits a deficiency judgment against a trustor pursuant to a trustee's sale of a trust property that is 2.5 acres or less and is used as a single one-family or single two-family dwelling if both of the following apply:

  • The trustor has lived in the trust property for at least six consecutive months.
  • A certificate of occupancy has been issued for the property.



Places the burden of proof on the trustor to demonstrate that the statutory requirements to prohibit a deficiency judgment are met.

As before this law was passed, REALTORS® should advise their clients to consult legal counsel regarding the application of the anti-deficiency statute.

Visit RALLiNOW.com for all the latest legislative information.

Contact Legislative and Political Affairs

Arizona Association of REALTORS®
255 E. Osborn Rd., Ste. 200
Phoenix, Arizona 85012
www.aaronline.com

Telephone: (602) 248-7787
Fax: (602) 351-2471

Copyright © 2009 Arizona Association of REALTORS® All rights reserved.

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The Capitol Insider - Weekly REALTOR(R)   Legislative Connection