Showing posts with label Foreclosure. Show all posts
Showing posts with label Foreclosure. Show all posts

Tuesday, July 17, 2012

Notice of Default, Foreclosures, and Loan Mod Progress.

I always read on a daily basis about Loan Modifications, Short Sales, Foreclosures, and the like. I read alot of information and from what I am seeing, as general consensus, Lenders have been helping alot of people with whatever mortgage relief that is deemed necessary by the lender. According to what http://www.dsnews.com says, in the month of May, there were 63,000 permanent solutions for homeowners in default. Of that 63,000, there were 17,590 of those homeowners that were made complete by President Obama's HAMP program. By all means, these numbers are great. When Wells Fargo accounts for 11,000 of those modifications  alone, it seems to be looking up for the homeowner. My problem with this is that I speak to alot of people throughout the day,  and I am wondering why the majority of these people have not been helped. see the majority of my clients, or potential clients have been trying to get loan modifications, even for the trial period for 7-12 months. Those that are longer than that have flat out been denied and the lender is speaking of private investors not willing to budge. In some cases this may be true, but I will bet my last dollar that 90% of those cases are not. See the problem is very simple. People need help. Homeowners are defaulting on loans that they couldn't afford in the first place and they become complacent once they hit a certain time frame that they have defaulted and the bank as not acted. There is approximately 2.53 million homeowners in default currently and that has been close to the same number  since 2009. So while the lenders are supposedly "helping", there are just as many people that are looking for answers at the same time.  Foreclosures are still up. According to HOPE NOW, there was a rise in forecloses from the month of April (60,000) to May (65,000). what this tells me, is that lenders are willing to put more people on the street than they are looking to help. I say this ignorant to the individual situations, however I speak with or meet hundreds of people a day that are in dire straits and need help so I think that I can speak for the majority of folks when I say that it isn't enough.

Bi- Partisan settlement that has come into play leaves the Big 5 having to give out 125 Billion in relief in a matter of 3 years. This is a large amount of relief. My issue with this is that the big 5 are going to hold out as long as they can to offer this assistance and the foreclosure rate is going to continue to go up unless the state officials do what California did and make it a law that lenders may not foreclose while in some sort of relief program. This is a great law for those that will be approved for the relief program, but what about the ones that are "not qualified", I see these lenders denying any relief after going through the motions, and escalating foreclosure. Believe you me, these machines are debt collectors and I think we homeowners are thinking incorrectly if we think that they are out for our best interest. they may offer some form of relief to some of us in this 3 years, but it is going to be on their terms, which can increase your payments, balloon the payments for any relief that they are putting on paper and still put you in a bind, and ultimately line their pockets with money of the struggling. Look at it this way, marketwatch.com expresses that 56% of people that get their loan modified permanently, a going back into default in an 8 month time period.

I know that this is a personal rant of mine and i apologize if you feel it too "opinionated". However I am writing on behalf of the clients that I deal with on a daily basis and offering this opinion based on what I have to do to keep people in their homes on terms that are beneficial to them and not the lender.

Please comment or email me if you have questions, or concerns.

Tuesday, June 19, 2012

The Short Sale

One of the many questions I get is as follows: What if the lender says no to any kind of loan modification?Well, if you have exhausted all other options, Then you should really consider a short sale. Though most of might know what a short sale is, this blog is for the people that need to have these things broken down simply. A short sale is where the lender agrees to allow the sale of the property to be less than what is owed on it. You still have to be able to prove hardship for them to allow such a sale, but it is better than a foreclosure. Alright, admittedly, I don't know as much about a short sale as I do about loan modifications. what I do know is that a short sale should be your last resort. If by chance you are declined or you are reaching a breaking point, this is a better option than just walking away. Yes, you will take a hit on your credit, and no it will not be as bad as the foreclosure. What your main concern is, or should be, is the deficiency. If you already have an agent to list your home, you will need to make sure that you stay on top of them about what is going to happen with that deficiency. If you owe $250,000 on the house but it sells for $150,000, you may still have to pay that $100,000 that makes up the difference. There is paperwork and negotiating that needs to be done so that you may walk out of this with as little owed (if any) as possible.

Short sales are on the rise. In fact, according to www.realtytrac.com, short sales in the first quarter are the highest that tey have been since 2009. What this tells you is that while you may not get approved for a loan modification, that doesn't mean that you have to walk away. With the new guidelines that have been set recently, lenders and homeowners alike are having to take an action, so there is less of a chance for the foreclosure to take the house out from under you. These guidelines are in place for that reason. Again I don't know as much about this process but here is what I do know:

  1. The lender MUST review and respond to any requests for short sale within 30 days form the time that they receive it, and send out the borrower response package.
  2. If it is still under review after that 30 days, that have to keep you updated every week.
  3. They only have 60 total days to make a decision and send you out the response package.
With that, when you receive that borrower response package, you need to hurry because you only have about 30 days yourself to fill it out and return it. So make sure that your agent or whoever you have helping is on top of that. We homeowners have to do our part as well. If we don't, we look at the lender as being unfair and we want to push the blame on them.

In any short sale situation you will receive a 1099 from your lender. If you work on a 1099, you know that you usually set aside 30% of your gross for taxes. What you don't want is to have to pay anywhere up to 30% of that $100,000 that we were speaking of before. You need to make sure that your agent or whoever is helping you is filing for a 1099-C, which is a cancellation of debt. This way, you don't owe the IRS another $30,000.

If you have an FHA loan you may even get relocation assistance. Ask your Realtor about this.

All of these things are the small intricacies that are going to help you get a positive response from your situation. Take control of it the best you can. Let me know if you have any questions or concerns.

Have fun kids!