Tuesday

Sentate Bill 94 - Does it hurt the chances for getting Loan Modificaion Help?

Sentate Bill 94 - Does it hurt the chances for getting Loan Modificaion Help?

The California Assembly recently passed Senate Bill 94, a bill that aims to protect homeowners from loan modification scammers. However, does it end up having the unintended consequence of eliminating a homeowner’s ability to retain an attorney to help them save their home from foreclosure.

The bill, which included an “urgency clause” and was set to start immediately. SB 94 prevents companies, individuals, and even attorneys… from getting up front fees or any other form of compensation until after the Loan Modification has been completed.

Supporters of the bill say that the state is currently over run with scam artists who take advantage of homeowners desperate to save their homes from foreclosure by charging exorbitant up front fees and then failing to deliver anything of value in return. In their opinion, by making it illegal to charge up front fees, they will be protecting consumers from being scammed.

While there’s no doubt that there have been unscrupulous companies that have taken advantage of homeowners in distress, the number of these “con artists” is unclear. It was time for something to be done, but does SB94 fix or worsen the problem?

Supporters, state that homeowners will still be able to hire attorneys, but that the attorneys will now have to wait until after services have been rendered before being paid for their services. They say that attorneys, just like real estate agents and mortgage brokers, will now only be able to receive compensation after services have been rendered.

People who oppose the bill on the other hand say, “Getting a lender or servicer to agree to a loan modification takes months, sometimes six or nine months. If I worked on behalf of homeowners for six or nine months and then didn’t get paid by a number of them, it wouldn’t be very long before I’d have to close my doors. No lawyer is going to do that kind of work without any security and anyone who thinks they will, simply isn’t familiar with what’s involved. Real estate agents get paid through escrow, where is our security”

Take a look in the future…
California’s ALT-A and Option ARM mortgages are just beginning to re-set, one third of these types of mortgages are still set to adjust in the next 24 months! This will cause homeowners payments to rise, and with almost half of the mortgages in California already underwater, these homeowners will be unable to refinance and foreclosures will increase as a result.


For more information take a look at SB94: http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_94_cfa_20090327_152419_sen_comm.html

Does SB 94 end up reducing the number of legitimate firms available for homeowners to turn to? Will SB 94 actually stop con artists from taking advantage of homeowners in distress? Or will it end up only stopping reputable lawyers from helping homeowners?



To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***


--
Real Estate Pre-Foreclosure
Real Estate Short Sale
Real Estate Loan Modification
San Diego Based Real Estate Blog

Friday

Short Sale Success! Wachovia short sale with 3 loans!!

The short sale of real estate is not a questionable practice in today's softening real estate market, it may be a necessity. The short sale transaction is a legal and much more beneficial alternative to foreclosure or even bankruptcy. Lenders are motivated to accept short sale offers to for a number of good reasons. The short sale of your home can result in a win-win-win situation for all parties involved

Our latest short sale success was on a property that had 3 mortgages and over 5k in back HOA payments!




1st Lender: Wachovia
2nd Lender: Wachovia
3rd Lender: Dyckoneal


Our team was able to negotiate with all lenders to agree to the short sale terms and pay off ALL the HOA arrears!

Please contact me for NO COST help with short sales!


To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***


--
Real Estate Submit Short Sale
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog

Foreclosure Properties are selling at a Record Pace - Get them before they are gone!

Good Foreclosure Properties are selling FAST!

Buyers in most areas are finding that bank owned / real-estate owned (REO) properties(homes that the lenders have repossessed and put back on the market)often are selling the day they are listed for sale, sometimes faster. According to the founder of Foreclosure.com, offers on REO properties are coming in immediately after the listing comes on the market, and some homes have been put into contract in less than 90 minutes.

What this means to buyers today…

• On average, inventory on California properties priced less than $300,000—the most-competitive price point for todays foreclosure buyers—have dwindled from a 10-month supply a year ago, to less than a 4 month supply in July, according to the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.)

• Since the inventory levels of homes priced in the lower end of the market are so low, buyers are finding that lenders/sellers are not willing to negotiate on the price. In many instances, lenders/sellers expect the first offer to be the best and highest possible for the buyer, and most are being sold over list price. Since competition is so high, when writing offers be prepared to make the best offer you possibly can upfront in order to be considered.

• Instead of holding onto REOs for the best prices—and paying the property taxes and maintenance and carrying costs—many banks are selling these properties as quickly as possible, according to Foreclosure.com. “In this market, if banks can liquidate them fast, it makes more sense to get them off the books,” said the company’s founder.

• In spite of efforts by lenders and the government to prevent foreclosures, many economists and housing experts are predicting another wave of foreclosures by year’s end, and many of those properties will be offered for a quick sale. According to the U.S. Comptroller of the Currency, 53 percent of loans that were modified in the first half of 2008 fell back into arrears and will most likely end up in foreclosure down the road


If you are serious about buying property while taking advantage of the available tax credits make sure that you and your agent are prepared to work quickly!


What have you noticed from the REO buying experience?


For any help or questions on buying REO’s Please contact me:

Oliver Graf
Real Estate Expert


*** Make sure you sign up for our FREE mailing list today! ***


--
Real Estate Purchase
Real Estate Sales
Real Estate Buying
San Diego Based Real Estate Blog

Wednesday

How to Submit a Real Estate Short sale: What you need to know

How to Submit a Real Estate Short sale: What you need to know...

Submitting the Short Sale

So you have met with(or are) the homeowner and have the property on the market getting the proper exposure. Now it’s time to prepare the documents and submit for a short sale. This is the most time consuming part of the Short Sale process especially if you do not stay organized and take notes on all your conversations with the lenders.

What the real estate agent will need:

Authorization to Release Information: This form allows your real estate agent, escrow company, and title company to talk to a lender on behalf of the borrower. The lender will not talk to anyone unless they have this on file.

CMA: With the current Active, Pending, and Sold properties going 90 days back(close of escrow)
Listing Contract: The Listing Contract, Short Sale Addendum, and MLS printout.
Offer to Purchase: Retail offer to purchase on the subject property


What needs to be provided to the lender(Including everything listed above):

Financial Worksheet: Shows your assets, liabilities, and expenses. Great tool for presenting the borrowers current “hardship” to the lender.
Proof of income: You will need the last 2 pay stubs and last 2 years W2's. If you are self-employed, you will need last 2 years tax returns and a Profit and Loss statement for the past 3-6 months.
Bank Statements for the past 2 months: Showing balances and spending history.
Hardship Letter: This is where the borrower has the opportunity to “state their case” to the lender. Why did the situation occur? Why do you need to sell? What is going on with your hardship now?
Last 2 years of tax returns: All pages are needed and if you filed an extension, submit the extension paperwork.


Once you have all of the paperwork together, send it all at once and as soon as possible. Make sure it's complete and legible. Also, make sure you are constantly following up because the lenders a overwhelmed with requests and sometime lose track of progress. There is a long line of borrowers ahead of you so if the file is missing anything, you will get notice but the file will go to the bottom of the pile again.

What have you noticed in your short sale experience?

If you need any help with short sales, contact me today!


To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***



--
Real Estate Submit Short Sale
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog


Tuesday

16 Tips to bring you Massive Success

16 Tips to bring you Massive Success


1. Get and stay out of your comfort zone.

I believe that not much happens of any significance when we're in our comfort zone. When you are out of your comfort zone or uncomfortable, you are growing.

2. Never give up.


Almost nothing works the first time it's attempted. Just because what you're doing does not seem to be working, doesn't mean it won't work. It just means that it might not work the way you're doing it. If it was easy, everyone would be doing it!

3. When you're ready to quit, you're closer than you think.

There's an old Chinese saying that I just love, and I believe it is so true. It goes like this: "The temptation to quit will be greatest just before you are about to succeed." Most people quit when they are 3 feet from GOLD!!

4. With regard to whatever worries you, not only accept the worst thing that could happen, but make it a point to quantify what th
e worst thing could be.

Very seldom will the worst consequence be anywhere near as bad as a cloud of "undefined consequences." During the toughest times in my business when I felt like nothing was working I would just think to myself “This can’t kill me, one day I’ll look back on this and laugh!” Hahaha…

5. Focus on what you want to have happen.


Remember that old saying, "Whether you think you will or not, you are right." It is always so important to keep a positive mindset. 80% of your success will come from this.

6. Take things a day at a time.

No matter how difficult your situation is, you can get through it if you don't look too far into the future, and focus on the present moment. You can get through anything one day at a time. “This too will pass”

7. Always be moving forward.


Never stop investing. Never stop improving. Never stop doing learning. The moment you stop improving your organization, it starts to die. Make it your goal to be better each and every day, in some small way. Remember the Japanese concept of Kaizen. Small daily improvements eventually result in huge advantages.


8. Measure everything of significance.

I swear this is true. Anything that is measured and watched, improves. Keep track of your numbers. Hold yourself accountable and watch your business grow.

9. Anything that is not managed will deteriorate.


If you want to uncover problems you don't know about, take a few moments and look closely at the areas you haven't examined for a while. I guarantee you problems will be there.

10. Pay attention to your competitors, but pay more attention to what you're doing.

When you look at your competitors, remember that everything looks perfect at a distance.
What is your edge? What make you different? Why should someone work with you over the competition?

11. Never let anybody push you around.

Never let someone tell you “It can’t be done.” Don’t let other people’s opinion determine your success.

12. Never expect life to be fair.

Life isn't fair. You make your own breaks. Don’t let your down falls hold you back. You will fail many times before you succeed. Fail Forward Faster!!

13. Solve your own problems.

You'll find that by coming up with your own solutions, you'll develop a competitive edge. Masura Ibuka, the co-founder of SONY, said it best: "You never succeed in technology, business, or anything by following the others." Be you, and YOU will succeed!

14. Don't take yourself too seriousl
y.

Lighten up. If you are walking around upset and uptight that is what you will get more of. Be happy and positive! None of us are in control as much as we like to think we are.

15. There's always a reason to smile.


Find it. After all, you're really lucky just to be alive. Life is short. Remember: "We're not here for a long time, we're here for a good time!"

16. Money is how business people keep score
!

What’s your score?


To your success,

Sam Khorramian
Success Expert


*** Make sure you sign up for our FREE mailing list today! ***



.

Monday

How to get more Short Sale Business Tip #2 of 8 (For Investors, Realtors, and Brokers)

How to get more Short Sale Business Tip #2 of 8 (For Investors, Realtors, and Brokers)

Tip #2 of 8 on how to get more Short Sale Business

I am committed to helping Realtors and Brokers expand
their business by providing marketing tips and structuring
the short sale experience so you keep your full
commission and do minimal work.

This tip is all about:

CALLING LOAN MODIFICATION COMPANIES TO GET TURN DOWNS

This is an excellent way to generate
short sale listings! Many homeowners want to
explore a loan modification before resorting
to a short sale, however most simply
do not qualify. Mainly because they have a
permanent hardship (like loss of job)or they
can't afford the three grand that the loan
mod company charges.

Most Loan Modification companies have
large quantities of these "bad" leads (bad for them, good for you).
Partnering with just one large company could staff a
full office of agents listing short sales for months!

The idea is that you call them and set up a relationship
where both you and the loan mod company are
benefiting. If you call and simply try to ask
for business you might not get very far, but if
you get creative and come up with a plan
where everyone will benefit from the relationship
you can have great success!

Now is the time to make those partnerships
happen and then sit back and watch the short sale
listings come to you.

Keep in mind, with Short Sale Pros you keep
all your commission and we do all the work work with the bank!


What other methods are you using to take advantage of the short sale market? Look out of tip 3 coming out soon!


Keep in mind, you can contact me anytime to help get your short sales closed, with our model you keep all your commission and do none of the work!


To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***




--
Real Estate Foreclosure
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog

Wednesday

How to get more Short Sale Business Tip #1 of 8 (For Investors, Realtors, and Brokers)

How to get more Short Sale Business Tip #2 of 8 (For Investors, Realtors, and Brokers)
Tip #1 of 8 on how to get more Short Sale Business

I am committed to growing your business by providing
marketing tips and structuring the short sale so you keep your full
commission and do minimal work.

This tip is all about:

CALLING EXPIRED SHORT SALE LISTINGS.

A MLS search can provide another piece of useful information that most
agents don’t utilize.

An expired short sale listing can sometimes be up for the taking. Approach
the seller by explaining that their property most likely didn’t sell because it was not priced correctly. This can be quite common with the constant fluctuation in the market.

Setup a search in the MLS to deliver updates
to you every day with the following criteria:
1. Expired listings
2. Short sale
3. Price range and location you want to work

By offering them a no-cost solution to their problem by using YOUR listing
experience and Short Sale Pros negotiation expertise, they have the best chance at
selling their home, saving their credit, and insuring their ability to purchase again.


What other methods are you using to take advantage of the short sale market? Look out of tip 2 coming out soon!


Keep in mind, you can contact me anytime to help get your short sales closed, with our model you keep all your commission and do none of the work!

To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***




--
Real Estate Foreclosure
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog

What is the Credit Impact of a Short Sale vs Foreclosure?



I was recently asked the question by a homeowner going into foreclosure…
What is the benefit of going into a Short Sale vs Foreclosure?
Although this is a question we get asked with nearly every client, this particular client wanted to know all the exact specifics. Since you are reading this now, you can probably benefit from the information that we found out when digging even deeper into the issue of what is the best option for most homeowners: Short Sale or a Foreclosure?
After doing all the research I am convinced now more than ever that the decision is a no brainer for most homeowners… A Short Sale is the OBVIOUS choice. Take a look at an email I sent to this client and see for yourself:

“Hope your doing well. We have been playing a little phone tag lately it seems, give me a call back when you get the chance.

After our conversations, you sparked an int
erest in me getting to the bottom of the question Short Sale vs Foreclosure?

Along with finding out great information on the mortgage debt forgiveness relief act:
http://realestateblog360.blogspot.com/2009/04/what-is-mortgage-forgiveness-debt.html

I also recently contacted Fannie Mae to get their latest guidelines as far as the exact credit impact of a Short Sale versus a Foreclosure, which I thought would be helpful to you in your research:

Short Sale: Fannie Mae refers to these as “Preforeclosure Sales” and requires only a 2 year waiting period after the sale, with acceptable re-established credit to re purchase.

Foreclosure: Standard minimum 5 years waiting period, with minimum of 10% down & 680 credit score for 7 years to re purchase. Primary residences only, no second homes or investment property loans for 7 years.

Take a look at the full report: https://www.
efanniemae.com/sf/guides/ssg/annltrs/pdf/2008/0816.pdf

Give me a call when you get the chance and we can discuss how you wish to move forward.”
Meaning: If the property owner goes through a Short Sale they will be able to purchase a home again in the next 2 years. A foreclosure on the other hand, they will have to wait at least 5 years!
The question is simple: Do you want to purchase a home again in 2 years or 5?
Who would want to do a foreclosure? Which do you think is better?
Contact me anytime for help or questions,
Oliver Graf
Real Estate Expert


*** Make sure you sign up for our FREE
mailing list today! ***


--
Real Estate Foreclosure
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog

Tuesday

Obama Announces Big $$ Incentives on Short Sales for Lenders and Homeowners

With around 43,000 notices of default last month in California alone, now more that ever the industry is in need of a Foreclosure Alternative Program.

I am so happy to see that the Obama administration has recognized the need to streamline the short sale and deeds-in-lieu process, and has provided viable options to homeowners who have fallen behind on their mortgages or owe more than their homes would sell for in today’s market.

The Obama administration announced the new details under its Foreclosure Alternatives Program (FAP) enabling lenders and borrowers to pursue Short Sales and Deeds-in-lieu of foreclosure in cases where the does not qualify for a Loan Modification. The program requires that before proceeding with a foreclosure, lenders must determine if a short sale is appropriate, if that is not successful, a deed-in-lieu of foreclosure.

They are even providing incentives for homeowners and lenders!

Borrowers (Homeowners). Borrowers/homeowners qualify under the FAP if they meet minimum eligibility requirements for the Home Affordable Modification program but don’t qualify for a modification or do not successfully complete the three month trial period. Before proceeding with a foreclosure, servicers must determine if a short sale is appropriate.

Incentives. Incentives include: (1) $1,000 for servicers for successful completion of a short sale or deed-in-lieu of foreclosure; (2) $1,500 for borrowers/homeowners to help with relocation expenses; and (3) up to $1,000 toward the cost of paying junior lien holders to release their liens (one dollar from the government for every $2 paid by the investors to the second lien holders).

Standardized Documents. The program will include streamlined and standardized documents, including a Short Sale Agreement and an Offer Acceptance Letter. The goal is to minimize complexity and increase use of the short sale option.

Property Valuation by Appraisal or BPO. Servicers will independently establish both property value and minimum net return to the bank, in accordance with investor requirements. The price may be determined based on an appraisal or one or more broker price opinions (BPOs)

Timeline. In the Short Sale Agreement, servicers must give borrowers/homeowners at least 90 days to market and sell the property, or up to one year, depending on market conditions. Property must be listed with a licensed real estate professional and no foreclosure may take place during the marketing period (at least 90 days) specified in the Short Sale Agreement.

Commissions. The Short Sale Agreement must specify the reasonable and customary real estate commissions and costs that may be deducted from the sales price. The servicer must agree not to negotiate a lower commission after an offer has been received.

No Borrower Fees. Servicers may not charge fees to borrowers/homeowners for participating in the FAP. Contact Short Sale Pros for 100% Free Short Sale Help

Program Expiration. Starts May 14th 2009 and is in effect through 2012.



For the full report take a look at
http://www.treas.gov/press/releases/docs/05142009FactSheet-MakingHomesAffordable.pdf



How do you think the Foreclosure Alternatives Program will help the thousands of struggling homeowners? Do you think this is the best way to fix the problem?




Contact me anytime,


Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***

--
Real Estate Foreclosure
Real Estate Short Sale
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog

Thursday

California cracks down on "Foreclosure Consultant" Scam Artists

Beware of so called "Foreclosure Consultants"!

With the current state of the economy and the down turn of the Real Estate market its times like these where we see all the opportunistic Sharks coming out of the water! They are preying on desperate homeowners during moments of weakness… charging up front fees… and then NOT Performing the Service they said they said they would perform.

California Foreclosure Consultant Act aims to protect Families from these scam artists

The California Foreclosure Consultant Act Summary.

If a Notice of Default has been recorded against your home, this law will prevent a “foreclosure consultant” (even a real estate licensee) from charging fees in advance(in any form) to help you work out a loan modification or in some other fashion avoid foreclosure.

If a Notice of Default has not been recorded on your home it may be permissible for a real estate broker to assist you in obtaining a loan modification. Although in this narrow circumstance the broker can ask for advance payment they must provide you with a written contract which satisfies certain specific statutory requirements(and is compliant with the local real estate board).

Along with that, the contract must have been previously submitted to the California Department of Real Estate for review and received a “no objection letter” regarding its use. Real estate brokers who do not charge an advance fee for loan modifications or similar services are not required by the DRE to obtain a "no objection letter." However, their work must be completed before they’re paid.

You should know that there are agencies, attorneys, and real estate licensees who will assist you with your loan workout for a fee payable after the work is completed.

Attorneys licensed in California rendering services in the course of their legal practice are exempt from this law.

Definitions for Foreclosure Consultants

This Act defines a "Foreclosure Consultant” as anyone who offers for compensation to perform any service which "the person will in any manner do any of the following."

• Postpone or stop the foreclosure sale
• Obtain any forbearance
• Assist in the reinstatement of the loan
• Obtain extensions to reinstate the loan
• Obtain any waiver of an acceleration clause
• Save the residence from foreclosure
• Avoid or repair adverse credit reports resulting from a foreclosure sale
• To assist in recovering residual proceeds from the foreclosure sale of the owner’s residence.

Right to Cancel must be specified-

Under this section the owner is given 3 business days to cancel the contract and specifies the method of notice of cancellation.


Once operative the new law will require a Foreclosure Consultant to register with the Department of Justice and maintain a surety bond of $100,000.00. The Department of Justice will have the power to refuse to issue, or to revoke a Foreclosure Consultant’s registration. A violation of these provisions will be a crime. These changes will effectively give the Department of Justice oversight over California Foreclosure Consultants.

If you or someone you know is, or is about to be, in default on their home mortgage, and are approached by an individual or company that is offering to, in some fashion, “save the home from foreclosure” be sure they are reputable and only get paid when they perform!

What programs have you seen out there that this will affect?


When we are performing out Short Sale service for homeowners we make sure that we NEVER charge any fees! The goal is to help as many families as possible, NOT take advantage of them.


For any additional questions contact or visit:
http://www.realtytrac.com/interior/ccsection2945.htm


To your success,

Oliver Graf

Real Estate Expert


*** Make sure you sign up for our FREE mailin
g list today! ***


--
Real Estate Foreclosure
Real Estate Help
Real Estate Avoid Foreclosure
San Diego Based Real Estate Blog





Monday

Mortgage Forgiveness Debt Relief Act - Provides Tax Releif for Homeowner in Short Sale

Mortgage Forgiveness Debt Relief Act - Provides Tax Releif for Homeowner in Short Sale

Big Help for Struggling Homeowners:

What is the Mortgage Forgiveness Debt Relief Act of 2007?


The Mortgage Forgiveness Debt Relief Act of 2007 was enacted on December 20, 2007. It applies to qualified debt forgiven in 2007, 2008 or 2009. Generally, the Act allows exclusion of income realized as a result of a loan modification, short sale, or foreclosure on your primary home.

What does that mean?

Generally, debt that is canceled by a lender must be added as income on your tax return and is taxable. The Mortgage Forgiveness Debt Relief Act of 2007 allows you to exclude certain canceled debt from income(Short Sales and Loan Modifications).

Does the Mortgage Forgiveness Debt Relief Act of 2007 apply to all forgiven or canceled debts?

No, the Act applies only to forgiven or canceled debt used to buy, build or substantially improve your principal residence, or to refinance debt incurred for those purposes.

If the forgiven debt is excluded from income, do I have to report it on my tax return?

Yes. The amount of debt forgiven must be reported on Form 982 and the Form 982 must be attached to your tax return.

How do I know or find out how much was forgiven?

Your lender should send a Form 1099-C, Cancellation of Debt, by January 31, 2008. The amount of debt forgiven or canceled will be shown in box 2. If this debt is all qualified principal residence indebtedness, the amount shown in box 2 will generally be the amount that you enter on lines 2 and 10b, if applicable, on Form 982. Contact and Accountant for Additional info, Tax and Accounting group: Lou DelVechio 760 439 2433.

Can I exclude debt forgiven on my second home, credit card or car loans?

Not under this provision. Only cancelled debt used to buy, build or improve your principal residence or refinance debt incurred for those purposes qualifies for this exclusion.

If part of the forgiven debt doesn't qualify for exclusion from income under this provision, is it possible that it may qualify for exclusion under a different provision?

Yes. The forgiven debt may qualify under the "insolvency" exclusion. Normally, a taxpayer is not required to include forgiven debts in income to the extent that the taxpayer is insolvent. A taxpayer is insolvent when his or her total liabilities exceed his or her total assets. Contact an Accountant for additional info, Tax and Accounting group: Lou DelVechio 760 439 2433.

Is there a limit on the amount of forgiven qualified principal residence indebtedness that can be excluded from income?

There is no dollar limit if the principal balance of the loan was less than $2 million ($1 million if married filing separately for the tax year) at the time the loan was forgiven.


How beneficial do you think this new Act will be?

See the IRS update here: http://www.irs.gov/irs/article/0,,id=179073,00.html


For any additional questions contact:

Oliver Graf

Real Estate Expert


*** Make sure you sign up for our FREE mailing list today! ***


--
Real Estate Short Sale
Real Estate Debt Relief
Real Estate Short Sales
San Diego Based Real Estate Blog

Friday

How to write up the Perfect Real Estate Offer

How to write a perfect Purchase Offer

Top 10 Tips for Writing Purchase Offers

So you’re ready to buy a house? First off congratulations!

The first step in buying property is writing up an offer. Many people do not realize how important the offer contract can be when buying real estate. If you have a poorly constructed offer it can cost you getting the property you want, while a well written offer can get you the property you want at the price you want!
Meanwhile use the following tips as a guide to creating a great offer:

1. Get the right Contract

This might seem basic, but there are a lot of purchase contracts out there. Each state has its own rules and regulations. Realtor associations publish purchase contracts. If you are looking to buy in California, please contact me and I will help you with the correct forms.
Some example purchase contracts would be:
  • · New Construction Residential Purchase Agreement
  • Notice of Default Purchase Agreement
  • Residential Purchase Agreement
  • Residential Income Property Purchase Agreement
  • And many more
2. Determine what price you want to offer

Evaluate market conditions and come up with what you think is a fair offer price. TIP: Initially offer a bit less than you expect to pay, this will give you some room to negotiate and possibly get an even better deal. Be prepared to move quickly, in today’s market the good properties are being sold very quickly.

3. Put down a deposit
You will need to make a “good faith” deposit. The most common deposits can be cash, personal check, or cashier's check. On average the deposit amount should be at least 1% of the sales price. This money(a copy of the check) will be submitted with your offer.

4) List your Financing Terms

Disclose the type of financing you hope to obtain: The amount of money down and the type of loan (conventional, FHA, VA, contract of sale, assumption or other).
Please remember that your deposit, when added to your down payment and financing should equal the total consideration paid.

6. Include Contingencies

Contingencies are: Conditions --or "safety valves" written into Real Estate offers and contracts that protect they buyer from buying a house that is unsatisfactory--either structurally or financially
Contracts carry provisions for contingencies as:
  • Appraisal (California gives 17 days to complete all inspections)
  • Loan Funding
  • Physical/Home Inspections.
7. When do you take possession of the property?
  • Spell out the possession date. Is it on closing? A day after closing?
  • If possession will be prior to closing, enter into a rental agreement to protect all parties.
  • If possession is more than two or three days after closing, execute a rental agreement to protect the buyer.
8. Negotiate Who Pays the Fees

Even though most contracts call for fees to be negotiable, some fees, depending on your state, are customarily paid by one party. You can spell out who pays fees for title, escrow, and county or city transfer taxes. In most cases the Seller will pay the fees.

9. Request Special Reports

If you are concerned with anything with the property ask for a Special Report Upfront. Example Reports: Termite Report, Lead based paint report, and Mold inspections.

10. Clearly State Expiration of Offer

Clarify when the offer will expire. You will want to give the seller enough time to come to a decision, but not allow them to take their sweet time.

For any help or questions on creating a great offer contact:


Oliver Graf
Real Estate Expert

Follow me on Twitter: Twitter.com/OliverGraf360


****** Make sure you sign up for our FREE mailing list today! *****


--

Real Estate Purchase
Real Estate Sales
Real Estate Buying
San Diego Based Real Estate Blog

Wednesday

Lenders pay 6% commission on Short Sales - Great news for Realtors!

Lenders pay six percent commission on Short Sales!


6% Commision guaranteed by Fannie Mae on Short Sales!

Great news for Real Estate Agents who are working short sales…. Now companies servicing any Fannie Mae loan products can no longer force real estate agents to reduce their commissions as a condition to a short sale getting approved.

Fannie Mae stated, “Effective March 1, 2009, closing of pre-foreclosure sales may not be conditioned upon a reduction of the total commission to be paid to real estate agents to a level below what was negotiated by the listing agent with the borrower, unless the fee exceeds 6 percent of the sales price of the property in aggregate.”

So now any agents will no longer be forced to take commission reductions to service short sales. When you submit the short sale package be sure to check in advance to see if the loan is a Fannie Mae Product.

How do you think this will affect the Short Sale process for agents?

For any help with Property Foreclosure or Short Sale questions contact:



To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGraf360



*** Make sure you sign up for our FREE mailing list today! ***



--
Real Estate Short Sale
Real Estate Upside down
Real Estate Short Sales
San Diego Based Real Estate Blog


Tuesday

How will Obama's Bailout affect Modifications and Short Sales?


New Obama Bailout, Modifications and SHORT SALES... How will this affect us?
There is a lot of buzz going on today with this Bailout and what is going to do for everyone. These questions and answers were posted at a White House Forum to inform the public of Obama’s new plan.
Lets get Started:

  • I owe more than my property is worth, do I still qualify to refinance under the Homeowner Affordability and Stability Plan?
Eligible loans will now include those where the new first mortgage (including any refinancing costs) will not exceed 105% of the current market value of the property. For example, if your property is worth $200,000 but you owe $210,000 or less you may qualify. The current value of your property will be determined after you apply to refinance.
There is not many Homeowners that are as low 105% . .its more like 150%!
The cold hard truth is that most homeowners are tens of thousands of dollars upside down on property value.
  • I do not live in the house that secures the mortgage I’d like to modify. Is this mortgage eligible for the Homeowner Affordability and Stability Plan?
No. For example, if you own a house that you use as a vacation home or that you rent out to tenants, the mortgage on that house is not eligible. If you used to live in the home but you moved out, the mortgage is not eligible. Only the mortgage on your primary residence is eligible. The mortgage lender will check to see if the dwelling is your primary residence.
This wasn’t a surprise. . but it gives you notice that if you are thinking of moving out of your home before you find an option to settle your mortgage. .you will not be eligible if you are already living somewhere else.
This is also a big concern because a majority of Americans that are under water right now are Investors. Meaning they own more that a few properties which are all going to need a loan modification.
  • How do I know if I am eligible?
Complete eligibility details have been announced on March 4th when the program started. The criteria for eligibility will include having enough provable income to make the new set mortgage payments along with a decent mortgage payment history. The program is limited to loans held or securitized by Fannie Mae or Freddie Mac.
  • Will refinancing lower my payments?
The objective of the Homeowner Affordability and Stability Plan is to provide credit worthy borrowers who have shown a commitment to paying their mortgage with affordable payments that are sustainable for the life of the loan. Borrowers whose mortgage interest rates are much higher than the current market rate should see an immediate reduction in their payments. Borrowers who are paying interest only, or who have a low introductory rate that will increase in the future, may not see their current payment go down if they refinance to a fixed rate. These borrowers, however, could save a great deal over the life of the loan. When you submit a loan application, your lender will give you a "Good Faith Estimate" that includes your new interest rate, mortgage payment and the amount that you will pay over the life of the loan. Compare this to your current loan terms. If it is not an improvement, a refinancing may not be right for you.
EVERYONE needs to call their bank to see if they can get into a better loan! Even if you loan is not due to adjust for another year, I still recommend you contact now to get into a new today! You don't wait to wait until your loan adjust before you start working on it, that's how people get into trouble!

  • Will refinancing reduce the amount that I owe on my loan?
No. The objective of the Homeowner Affordability and Stability Plan is to help borrowers refinance into safer, more affordable fixed rate loans. Refinancing will not reduce the amount you owe to the first mortgage holder or any other debt you owe. However, by reducing the interest rate, refinancing should save you money by reducing the amount of interest that you repay over the life of the loan.
No Way! Other than doing a short sale there is never a way to reduce principle balance!
  • Do I need to be behind on my mortgage payments to be eligible for a modification?
No. Borrowers who are struggling to stay current on their mortgage payments may be eligible if their income is not sufficient to continue to make their mortgage payments and they are at risk of imminent default. This may be due to several factors, such as a loss of income, a significant increase in expenses, or an interest rate that will reset to an unaffordable level.
If you see your financial situation changing in the future, Modify Now or Short Sale Now!!
  • How do I know if I qualify for a payment reduction under the Homeowner Affordability and Stability Plan?
In general, you may qualify for a mortgage modification if (a) you occupy your house as your primary residence; (b) your monthly mortgage payment is greater than 31% of your monthly gross income; and (c) your loan is not large enough to exceed current Fannie Mae and Freddie Mac loan limits. Final eligibility will be determined by your mortgage lender based on your financial situation and detailed guidelines that will be available on March 4, 2009.
  • I have two mortgages. Will the Homeowner Affordability and Stability Plan reduce the payments on both?
Only the first mortgage is eligible for a modification. One a short sale both banks will negotiate both down.
If you are very upside down on your property and don't really see yourself being able to afford the payments in the future, do a short sale now!
I recently read somewhere that over 50% of loan mods go back into default!
  • How much will a modification cost me?
There is no cost to borrowers for a modification under the Homeowner Affordability and Stability Plan. If you wish to get assistance from a HUD-approved housing counseling agency or are referred to a counselor as a condition of the modification, you will not be charged a fee. Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance.
There is a lot of nonprofit loan mod companies out there. I suggest you hunt one down and go with them!
  • Is my lender required to modify my loan?
No. Mortgage lenders participate in the program on a voluntary basis and loans are evaluated for modification on a case-by-case basis. But the government is offering substantial incentives and it is expected that most major lenders will participate.
I think this is going to open a lot more doors for people that where previously out of luck.
  • I owe more than my house is worth. Will the Homeowner Affordability and Stability Plan reduce what I owe?
The primary objective of the Homeowner Affordability and Stability Plan is to help borrowers avoid foreclosure by modifying troubled loans to achieve a payment the borrower can afford. Lenders are likely to lower payments mainly by reducing loan interest rates. However, the program offers incentives for principal reductions and at your lender’s discretion modifications may include upfront reductions of loan principal.
Shot Sale Time! If you owe a lot more than what your house is currently worth and you don't see your equity coming back up for 10 years.. . you should start thinking about doing a short sale as long as you can't make your payments anymore.
I think that Shorts Sales are great option for a lot of people!! The best part is that it cost the Homeowners nothing!
Lenders will not negotiate on short sale that is being purchased by one of your relatives.
A Short Sale helps every party involved! The bank will always net more with a short sale than with a foreclosure.
The Realtor or Mitigation Company negotiating your short sale should have sufficient knowledge with short sales. Sometimes get get a little tough to do and that is why you want to make sure you have a Pro!
No matter what the size of your loan the chances are a short sale will work for you!

For any help with Property Foreclosure questions contact:

Sam Khorramian
Success Expert


****** Make sure you sign up for our FREE mailing list today! *****


--
Loan Modifications
Real Estate Upside down
Real Estate Foreclosures
San Diego Based Real Estate Blog

Sunday

New law extending the foreclosure process by 90 days!


BIG HELP FOR STRUGGLING HOMEOWNERS!

90-DAY EXTENSION TO FORECLOSURE PROCESS

California Foreclosure Prevention Act: Mortgage Lenders foreclosing on certain loans are prohibited from giving a notice of sale until the lapse of at least 3 months plus 90 days after the filing of the notice of default A loan servicer can obtain an exemption from this requirement by demonstrating that it has comprehensive loan modification options.

The goal of the California Foreclosure Prevention Act is to release the pressure on foreclosures and their severely negative consequences. Aiming to provide additional time for lenders to work out a short sale or loan modification with borrowers while also providing incentive for lenders to establish better short sale and loan modification programs.
This bill, which was enacted into law on February 20, 2009 will stay in effect only until January 1, 2011
With the current time-line, a lender who files a notice of default has to wait at least 3 months before giving a notice of sale. The new law extends that 3-month period by an additional 90 days.
Along with that in the preexisting law, foreclosure process would take a minimum of 4 months from the filing of a notice of default until the final trustee’s sale.

Under the new law, that period extended by 90 more days for a total of about 7 months.


Is this positive or negative? How do you think that this will affect the market?



For any help with Property Foreclosure questions contact:

Oliver Graf
Real Estate Expert

Follow me on Twitter: Twitter.com/OliverGraf360




*** Make sure you sign up for our FREE mailing list today! ***


--
Real Estate Help
Real Estate Upside down
Real Estate Foreclosures
San Diego Based Real Estate Blog

Monday

Buy a house and get $8,000 Back!!



$8,000 Homebuyer Tax Credit!

-The new American Recovery and Reinvestment Act of 2009 bill offers an $8,000 tax credit to first time home buyers!

-This first-time home buyer credit is available for people purchasing a primary residence on or after January 1, 2009 through December 1, 2009.

-The credit does not require a repayment.

-Many of the fundamentals of the credit will be similar to the act under the 2008 rules: The credit will be claimed on a tax return to reduce the buyer's income tax liability. If any credit amount remains unused, then the unused amount will be refunded as a check to the buyer.

If you are a First time home buyer, take advantage of this eight thousand dollar credit...this is a great opportunity to buy a piece of Real Estate!

Do you think that they should extend the credit, and why?


If you have any questions contact:

Oliver Graf
Real Estate Expert

Follow me on Twitter: Twitter.com/OliverGraf360




****** Make sure you sign up for our FREE mailing list today! *****


--
Real Estate Buying
Real Estate Investing
Real Estate Tips and Tricks
San Diego Based Real Estate Blog

Friday

Foreclosure Process Time Line



General Foreclosure Timeline

The time line below is a typical California non-judicial foreclosure. The foreclosure process does not begin until the lender feels they have tried all avenues for fixing the payment delinquency. Normally, this will happen after the borrower has missed 3 monthly mortgage payments. The lender will contact the borrower several times prior to beginning the foreclosure process .The official foreclosure process then begins by the lender contacting a Trustee and instructing them to file a Notice of Default.


Day 1 - Notice Of Default recorded with County Recorder

The first 10 business days
- Trustee mails Notice of default to borrower(s) with recording the date

1st month- Lender Mails Notice of Default to borrower again

90 days after Notice of Default - Set Sale Date, time and location Unless a bankruptcy has been filed, or other event occurs that holds the timeline( At this point Short sale is a great last resort option http://www.shortsale2020.com )

25 days before Sale Date
- Send Notice Of Sale to IRS (if applicable)

20 days before Sale Date- Begin publishing Notice Of Sale in an adjudicated newspaper. (must run for 3 consecutive weeks).

20 days before Sale Date
- Post the Notice of Sale on the property itself. Most services will photograph the posting location for your records.

20 days before Sale Date- Mail Notice of Sale to borrower and required parties.

14 days prior to Sale Date- Record Notice of Sale with county recorder's office

5 days prior to Sale Date- The borrower's right to reinstate expires.

On sale Date- The property is sold to high bidder or reverts back to lender

For any help with Property Foreclosure questions contact:

Oliver Graf
Real Estate Expert


*** Make sure you sign up for our FREE mailing list today! ***




--
Real Estate Short Sale
Real Estate Upside down
Real Estate Foreclosures
San Diego Based Real Estate Blog

Thursday

Tips for purchasing a home with FHA or VA financing


Tips for purchasing with FHA or VA Financing.

If you are planning on purchasing a home soon and will be using a VA or FHA loan in order to finance your purchase, you must include that information in your offer since government loans place additional financial and performance obligations on the seller know as Non-Allowable Fees
Non Allowable Fees
For starters, FHA and VA loans prohibit buyers from paying certain fees that are often charged by lenders, escrow companies, settlement agents, and title companies. They are known as "non-allowable" fees. These fees still get charged, but as the buyer of the property, you are "not allowed" to pay them. The result is that the seller will have to end up paying them instead of you.

Most of these "non-allowable" fees come from your lender. By the time you are ready to make an offer you should have already been pre-qualified by a loan officer, so you will want to ask how much the lender’s non-allowable fees will be. You might also want to get an idea of what non-allowable fees will be charged by the escrow company and the title insurance company.

Since these are fees the seller would not pay on an offer with conventional financing, this information must be included in your offer. You should also realize that since the seller will be paying these additional fees, they may not be as willing to go down on their price. If not, you as the buyer could also offer over asking price and ask the seller to credit that overage towards those fees.
VA and FHA Appraisals

Home appraisals and inspections on FHA and VA loans are stricter than on conventional loans and generally more expensive. These appraisers are required to perform a certain minimum number of inspections as well as evaluate the current market value of the property. These inspections are generally not as detailed as a professional home inspection and should not be considered a substitute, but sometimes they require repairs which you might want to negotiate with the seller.

If there is significant repair work required, add a clause to your offer that goes something like this. "If required repairs cost less than the maximum amount allowed, the excess will be credited toward buyer’s closing costs."


What have you noticed about FHA offers?

To your success,

Oliver Graf

Real Estate Expert


*** Make sure you sign up for our FREE mailing list today! ***


Real Estate FHA
Real Estate Loans
Real Estate Tips and Tricks
San Diego Based Real Estate Blog

Monday

Short Sales- A better way to sell your home and avoid Forclosure!

Short Sales Are Helping Countless Homeowners...

















In todays Market nearly 20% (9 million people) of homeowners across the country- are "upside down" on their mortgages. Meaning, they owe more on their mortgage balance than their properties are actually worth.

Some people would predict that these people will walk away and accept loosing their home to foreclosure.... But there is light at the end of the tunnel! A lot of homeowners are starting to understand the benefits of a Short Sale rather than a foreclosure. Both serve the homeowner the same in the sense that they will be a walking away from a depreciating asset, but the Short Sale holds a lot more benefits to the homeowner:

Credit Impact: For starters a Short Sale will affect a person’s credit significantly less than a foreclosure. Meaning that someone with a Short Sale in their credit is a lot more likely to qualify for a new mortgage in as little as 12 months, whereas a foreclosure and/or bankruptcy will haunt someone for up to 7 years.

Stress: On top of the credit implications nobody ever talks about the effect on homeowner’s moral when they are going through a foreclosure. It’s never a good feeling for someone that is just watching the bank take their homes away. With a Short Sale, the homeowner will have more time to make moving preparations.

Homeowner Help: With a Short Sale the homeowner is completely involved in the process, making their own decisions with the help and guidance of a Short Sale Professional. The Short Sale specialist will handle all communications with the lender, as well as market and sell the property with the help of an Real Estate Agent. This allows the homeowner a great alternative to foreclosure or bankruptcy!

Homeowners that are upside down on their property or facing foreclosure should contact a Short Sale Specialist once they have missed at least one mortgage payment. You can contact Short Sale Pros who offers a short sale service at no cost at no cost to the homeowner. People will contact short sale professionals since very few Realtors have the skills to process complex short sale transactions, and some short sale companies can charge thousands to process a short sale.



San Diego school teacher Marlen Sepulveda stated, "When my adjustable rate mortgage increased and my salary was jeopardized due to economic conditions, I couldn't afford my mortgage any more and I didn't know where to turn. I contacted the Short Sale Pros and they answered all my questions and negotiated my short sale, all at no cost to me."



Remember…You have options if you need to sell or are facing foreclosure! Don’t just let the bank take your home!


Sam Khorramian

Success Expert


*** Make sure you sign up for our FREE mailing list today! ***




--
Real Estate Short Sale
Real Estate Upside down
Real Estate Foreclosures
San Diego Based Real Estate Blog

Tuesday

Obama Administration's is trying to make Homes affordable for desperate homeowners



New mortgage guidelines to help struggling Homeowners...

Fannie Mae and Freddie Mac are extending the suspension of all eviction proceedings through March 31, 2009 as Fannie Mae implements the Home Affordable Refinance and Home Affordable Modification initiatives. Both programs are available to its servicers and borrowers as part of the Obama Administration's Making Home Affordable program.

-Most borrowers refinancing an existing Fannie Mae loan will not be required to buy new or additional mortgage insurance if the loan at the time of the refinance is more than 80% of a home's value.

-Fannie Mae can refinance loans up to 105% of a home's value with this new flexibility, so even borrowers who are "underwater" may be able to refinance.

-Beginning in April, all 1,600 lenders and 29,000 mortgage brokers using Fannie Mae's Desktop Underwriter platform will be able to process an application to refinance any existing Fannie Mae loan, allowing for greater origination capacity and easier refinancing for borrowers.

Through the Home Affordable Modification, loan servicers participating in the program may reduce interest rates, lengthen the payment time frame or take other steps, such as principal forbearance, to bring the monthly payments down to as low as 31% of the borrower's gross income. Fannie Mae has also issued special foreclosure sale requirements. A foreclosure sale may not occur on any Fannie Mae loan until the loan servicer verifies that the borrower is ineligible for a Home Affordable Modification and all other foreclosure prevention alternatives have been exhausted.

Kevin Caylor

Pacific First Mortgage
San Diego



****** Make sure you sign up for our FREE mailing list today! *****


--
Real Estate Market Update
Real Estate News
Real Estate Foreclosures
San Diego Based Real Estate Blog

Monday

Buy Properties for under $10,000



DETROIT – Landlord Nation, where foreclosure notices are plentiful and there are at least 1,800 homes for under $10,000 that once were worth at least 10 times more.

In extreme cases, homes are on sale for $1 or less, which has enticed investors to Detroit from as far away as the United Kingdom and Australia.

"In the past few months, I've picked up 10 new clients from out of state that are buying in bulk," said Mike Shannon, a suburban Detroit real estate agent. His office specializes in foreclosures in a city that's among the national leaders.

"They're coming to us, saying `Look, I want to buy 50, 100, 1,000.' They want to own every decent and cheap house they can find."

Despite a stagnant retail housing market, real estate sales of foreclosed homes are booming. Agents regularly fields calls from eager prospects, and recently sold 30 homes in one day to one buyer. A trio of U.K. investors has bought a half-dozen and plans many more.

The outside investors aren't only interested in Detroit, but it's been targeted because of the sheer volume of homes and the fact that values have fallen so much more than elsewhere.

Detroit now has the lowest ownership rate for single-family detached homes of the 20 largest cities in the country, according to data analyzed by longtime Detroit demographer Kurt Metzger.

Even the sale of U.S. Housing and Urban Development homes has been impacted by the poor housing climate in Detroit. The average sales prices of such homes plunged from $46,702 in 2003 to $8,692 last year. Through the first month of 2009, average sales were $6,035.

Still, not all of Detroit's real estate market has bottomed out. Listings include a seven-bedroom, 11,580 square-foot Tudor in Detroit's historic Indian Village neighborhood for $849,900, and a $765,000 penthouse condo in the city's Albert Kahn Building.

What's the effect on a city whose population has plummeted to half its size since the 1950s with no sign of return? The winners might be the renters lucky enough to live in a home that's been fixed up by a legitimate landlord.

Click on the picture below and see this great resource to finding great deals, get HUD Foreclosed Homes now..

Search Foreclosures, Nationwide!



Where are you seeing the best deals?

To your success,

Oliver Graf

Real Estate Expert
Follow me on Twitter: Twitter.com/OliverGr
af360


*** Make sure you sign up for our FREE mailing list today! ***




--
Real Estate Investing
Real Estate Buying
Real Estate Foreclosures
San Diego Based Real Estate Blog