Scott Chappell and Brian Bean

Monday, January 07, 2013

Short Sale Lease Back | Bank of America Short Sale | Brian Bean & Tim Hardin | Riverside Short Sales

Bank of America approves short sale with lease back

Another homeowner has completed a short sale in which their lenders have allowed them to stay in the property as a tenant and perhaps repurchase the home in three years.

The sale was closed through the Short Sale Lease-Back Program, a California pilot initiative focused on helping distressed homeowners avoid foreclosure while they regain their financial footing.

The short sale lease-back on the Riverside home, which was approved by Bank of America and Citi Mortgage, closed just days before the end of 2012. Two homes have now been successful in the program; the first sale closed in August and was approved by lender CalVet.

The pilot program is monumental and game-changing, providing a more attractive solution for homeowners who cannot afford their homes but have valid economic hardships and steady incomes to afford a lease payment.

A short sale occurs when a property is sold for less than is owed on it and the bank agrees to a discounted payoff. In recent years, banks and servicers have required that a short sale be an “arm’s-length” transaction, meaning the buyer and seller could not be related and could not have a prior agreement for the homeowner to stay in the property.

Last year, changes to the federal Home Affordable Foreclosure Alternatives short sale program opened the door for a short sale without the arm’s-length requirement. The U.S. Treasury Department in March 2011 issued a supplement to its HAFA guidelines to allow “servicers the discretion to approve sales to non-profit organizations with the stated purpose that the property will be rented or resold to the borrower, so long as all other HAFA program requirements are met.” It further strengthened that option in a November 2012 supplement that smoothed the process for such a sale.

The Short Sale Lease-Back Program was inspired by the Treasury’s action and created to work with lenders to allow a qualified homeowner to sell their property, rent it back for three years and perhaps even buy it back at a pre-determined price.

PROGRAM DETAILS

Here is an overview of the Short Sale Lease-Back Program:

Homeowners must work with a licensed agent who is trained and certified by the Short Sale Lease-Back Program.
A qualified non-profit would purchase the home in a short sale.
The homeowner’s lenders must approve of the lease-back terms — the intent of the sale and tenancy cannot be hidden from the lienholders.
The seller would lease the home for a minimum of three years, allowing their credit to heal so that they could qualify for a mortgage.
Homeowners must attend ongoing HUD and financial-literacy counseling and speak with legal and tax experts to ensure the program is the right fit.
If approved, the former owner might be allowed to repurchase the home, perhaps at a giant discount from what they once owed on it.

Not all homeowners qualify for the program. Borrowers must have sufficient income to afford the monthly rent payments in addition to their other debt payments.

Homeowners who don’t qualify for this program can still proceed with a traditional short sale, which may include a relocation incentive from $2,500 to as high as $45,000, depending on their lender, loan amount and individual situation.

Either option is better than a financially devastating foreclosure, which can crush a consumer’s credit, hinder their ability to find a future rental, and perhaps even impact their jobs.

Banks prefer short sales over foreclosure and even loan modifications because they net 12 percent to 25 percent more money from them.

DO YOU QUALIFY?

The Short Sale Lease-Back Program is now interviewing California applicants for qualification in this new program.

To qualify, homeowners must:

Live in the property as their primary residence.
Have steady, verifiable income.
Have a valid hardship and be able to qualify for, and complete, a HAFA short sale.

Want to know if you qualify? Call us today at 951-778-9700 to make an appointment for an interview.

(Brian Bean and Timothy Hardin are Default Advocates and owners of Dream Big Real Estate. They can be reached directly at Brian@DreamBigRealEstate.com or 951-778-9700.)

Brian Bean and Timothy Hardin Licensed Default Advocates DRE Lic #01889132 Info@DreamBigRealEstate.com

Whatís happening in the Real Estate Market today? CLICK HERE for more information.
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If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.

Henry David Thoreau

Short Sale Lease Back | Bank of America Short Sale | Brian Bean & Tim Hardin | Riverside Short Sales

# posted by Scott Chappell and Brian Bean @ 7:02 AM

Saturday, November 24, 2012

Treasury streamlines HAFA Short Sale Program

HAFA Short Sale | Relocation Incentive | Short Sale Lease Back | Riverside Short Sales Agents | Riverside Real Estate Agents

Treasury streamlines HAFA Short Sale Program

The U.S. Treasury Dept. this week announced new guidelines to streamline and standardize the HAFA Short Sale Program, which provides a $3,000 relocation incentive for qualified homeowners.

Among the changes, Treasury’s Supplemental Directive 12-07 to the Making Home Affordable Program shortened the decision timeline to “essentially 30 days,” in line with new Fannie Mae and Freddie Mac short sale rules, and will not require financial documentation from some distressed homeowners.

Major changes to the HAFA program include:

PRE-DETERMINED HARDSHIP: Borrowers with 90-plus-day delinquencies and a FICO score below 620 will be classified as having a “pre-determined hardship” with less required documentation.

Homeowners who meet the criteria will only need to complete a Hardship Affidavit to be considered for HAFA approval. The current Request for Mortgage Assistance (RMA) form qualifies as a Hardship Affidavit, Treasury says.

QUICKER ANSWERS: Servicers now have essentially 30 days to approve, reject or counter a HAFA short sale offer.

For pre-approved HAFA short sales, in which the applicant has been prequalified for the program:

If an offer meets the minimum price and terms of a pre-approved HAFA short sale, the servicer must issue the approval within 10 business days of receiving the offer. Offers less than the pre-approved terms must be acknowledged with an approval, rejection or intent to counter-offer within 10 business days of receipt, and the counter-offer must be generated within 30 calendar days.

Servicers can accept lower offers “so long as the proposed sale is in the best interests of the Investor,” according to the MHA guidelines.

For offers sent without a pre-approval: The bank must acknowledge receipt of a complete offer within 10 business days. If the seller is more than 90 days delinquent on their mortgage and has a credit score less than 620, the servicer must issue a short sale approval, rejection or counter-offer within 30 calendar days.

For borrowers who are not three months behind and/or have credit scores above 620, the 30-day clock doesn’t start until the servicer receives a Hardship Affidavit completed by the seller and the buyer.

In either case, the servicer can extend the 30-day window but must give written updates every 15 days until it reaches a resolution.

EVERYONE SIGNS OFF: The buyer in a HAFA short sale will now be required to sign a new Hardship Affidavit in which they affirm that the sale is an “arm’s-length transaction” and they are not giving the seller any compensation.

Previously, only the seller and real estate agents were required to acknowledge the arm’s-length requirement.

LENDER BENEFIT: Treasury has increased the reimbursement to the lender for permitting part of the sale proceeds to pay junior lienholders, making the program more attractive for the banks.

For HAFA short sales closed on or after Dec. 1, 2012, the first-mortgage lienholder will be reimbursed up to $5,000 of the $8,500 that it allows to a junior lien, such as a home equity line of credit or other second mortgage.

That amount increases from the previous maximum of $2,000.

SHORT SALE LEASE BACK: The supplemental directive adds the following specific language to the Making Home Affordable handbook: “The terms of any sale approved by the servicer that provides an option for the property to be sold to a non-profit organization with the stated purpose that the property will be rented or sold to the borrower.”

In March 2011, Treasury first referred to this groundbreaking initiative in Supplement Directive 11-02, which introduced the concept to servicers. Servicers subsequently did nothing to implement the option in their HAFA guidelines.

Other companies inspired by Treasury’s foresight recently launched programs in California. (Do you qualify for the new Short Sale Lease-Back Program? Call 951-778-9700 today for an interview.)

Supplement Directive 12-07 now may open the door a bit further for this type of short sale.

INVESTOR PURCHASES: HAFA currently prohibits a buyer form reselling a home within 90 days of the HAFA transaction. That time restriction has been shortened to 30 days, though a resale for 20 percent more than the previous purchase price would have to wait at least 90 days.

The new short sale rules — which do not apply to loans owned or backed by Fannie Mae, Freddie Mac, the Veterans Administration (VA), the Dept. of Agriculture’s Rural Housing Service or the Federal Housing Administration (FHA) — kick in Feb. 1, 2013, though servicers can implement them immediately. A short sale occurs when a home is sold for less than is owed on it and the bank discounts the payoff.

The HAFA Program earlier this year was extended through the end of 2013. HAFA requests must be submitted to a servicer by Dec. 31, 2013, and the transaction must be closed on or before Sept. 30, 2014.

Want to know if you qualify for the new HAFA Short Sale Program? Call us today at 951-778-7900 to set up a 10-minute interview.

(Brian Bean and Timothy Hardin are Default Advocates and owners of Dream Big Real Estate. They can be reached directly at Brian@DreamBigRealEstate.com or 951-778-9700.)

Brian Bean and Timothy Hardin Licensed Default Advocates DRE Lic #01889132 Info@DreamBigRealEstate.com

What's happening in the Real Estate Market today? CLICK HERE for more information. Want to know if we're legit? Do your homework. Check us out at www.google.com www.yahoo.com www.bing.com. www.DreamBigRealEstate.com www.IEShortSalePros.com www.ShortSaleAndStay.com

If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.

Henry David Thoreau

HAFA Short Sale | Relocation Incentive | Short Sale Lease Back | Riverside Short Sales Agents | Riverside Real Estate Agents

Labels: Brian Bean and Tim Hardin, HAFA Short Sale, Relocation Incentive, Riverside Real Estate Agents, Riverside Short Sale Agents, Short Sale in Riverside, Short Sale Lease Back

# posted by Scott Chappell and Brian Bean @ 9:19 AM

Sunday, November 18, 2012

Foreclosure Discount Shrinks | Short Sale vs. Foreclosure | Riverside Home Prices | Riverside Real Estate Agents | Riverside Short Sale Agents

Low inventory wipes out foreclosure discount

With the number of homes available for sale at an all-time low, the price difference between standard “equity” sales and bank foreclosures has all but dried up.

Real estate evaluation service Zillow said this week that the average discount nationwide for foreclosure properties had decreased to just 7.7 percent. In the Inland Empire, where the market is sizzling, the discount is less than 2 percent.

“The smallest foreclosure discount is found in places where competition for homes is so high, people there are willing to pay the same amount for a foreclosure re-sale that they would for a non-distressed home simply to take advantage of historic affordability,” Zillow Chief Economist Stan Humphries said in a release. “Additionally, in areas such as Phoenix and Las Vegas, where not long ago one out of every two homes sold was a foreclosure re-sale, buying a foreclosure is no longer just for investors.”

According to Zillow, the smallest foreclosure discounts were estimated in Las Vegas (0%), Phoenix (0%), Sacramento (0.7%), Riverside (1.8%), San Diego (2.4%), Miami-Ft. Lauderdale (2.9%), Los Angeles (4.2%) and San Francisco (4.7%).

The largest discounts remain in Pittsburgh, PA (27.8%), Cleveland (25.8%), Cincinnati (20.2%), Baltimore (20%), New York City (15.5%), Detroit (15.2%), Charlotte, NC (15.1%), Boston (15.1%), Philadelphia (14.4%) and Minneapolis-St. Paul (13.9%).

INVENTORY DOWN 64%

Lack of housing inventory is driving the demand and increasing prices.

According to figures from the California Regional Multiple Listing Service, there were 6,272 homes on the market at the end of October in the 51 Inland Empire communities covered by the Inland Valleys Association of Realtors. Based on demand, that represents just a one-month supply. In October 2011, there were 17,470 homes on the market, a 3.2-month supply.

The average sales price across all those communities was $246,509, an 11.14 percent increase from October 2011. But prices have increased 15.6 percent since January of this year, when the average sales price was $213,197.

Economists and market pundits differ on the immediate future. During last week’s National Association of Realtors annual conference and expo, NAR Chief Economist Lawrence Yun predicted a 5.1 percent increase in median home prices for 2013.

Mark Vitner, senior economist with Wells Fargo, compared distressed homes to an “after-Christmas sale,” in which “most of the best stuff has been picked over, but make no mistake – they’ll be with us for awhile.”

Others argue that we are seeing a “false floor” in prices, propped up by a lack of available homes and a hungry throng of buyers hoping to snap up homes while interest rates are low.

‘FRAGILE’ MARKET

The housing market recovery is “fragile,” Yun said, and could tip either way depending on what happens to the credit market and the impending “fiscal cliff” – the label given to Dec. 31, 2012, when temporary payroll tax cuts, business tax cuts and consumer income tax cuts are scheduled to end, and new taxes related to President Obama’s health care law begin.

The laws of basic economics have contributed to increasing home prices, and they will continue to influence the market. Rising interest rates, inventory spikes, or a drop in consumer demand because of tax hikes could halt the housing recovery.

Is today the day to put your home on the market in your neighborhood? Call us today at 951-778-9700 and we’ll crunch the numbers for you.

(Brian Bean and Timothy Hardin are Default Advocates and owners of Dream Big Real Estate. They can be reached directly at Brian@DreamBigRealEstate.com or 951-778-9700.)

Brian Bean and Timothy Hardin Licensed Default Advocates DRE Lic #01889132 Info@DreamBigRealEstate.com

If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.

Henry David Thoreau

Foreclosure Discount Shrinks | Short Sale vs. Foreclosure | Riverside Home Prices | Riverside Real Estate Agents | Riverside Short Sale Agents

Labels: Foreclosure, Riverside Home Prices, short sale agents, Short Sale in Riverside

# posted by Scott Chappell and Brian Bean @ 3:20 PM

Saturday, November 17, 2012

Mortgage Forgiveness Debt Relief Act | Mortgage Forgiveness | Tax Exemption | Short Sale Tax Exemption | Riverside Short Sale Agents

Mortgage Forgiveness Act Possibly Headed for Extension

A little bird told us this week that the federal Mortgage Forgiveness Debt Relief Act of 2007, which gives a massive tax exemption to some distressed homeowners after a short sale, will be extended before it expires at the end of this year.

The word comes from a Democratic Congresswoman in the know about such things. But with political polarization still entrenched in Washington, D.C., we'll believe it when we see it.

The Mortgage Forgiveness Act, which was signed into law by President Bush in 2007 and extended by President Obama in 2009, provides an income tax exemption for the "debt cancellation" that occurs after a short sale, foreclosure or loan modification with a principal reduction. The legislation expires Dec. 31, 2012.

When a bank forgives the debt on a home, it sends the borrower a 1099 for the amount of the loss. The IRS considers it income and assesses the "ordinary income tax" rate. That could mean a tax bill of $15,000 to $35,000 after a short sale in which the bank lost $100,000.

Such a severe penalty is a slap in the face of hard-working homeowners caught up in the economic downturn that has forced many into pay cuts, furloughs and outright layoffs.

The law covers:

Debt cancellation on primary residences only. Investment properties and second homes do not qualify.
The mortgage debt forgiven must have been used to buy, build or improve the home. Cash-out refinances to remodel may qualify, But cash drawn to pay off debt or buy "toys" is not eligible.
The debt cancellation is limited to $1 million ($2 million for a couple filing jointly).

Californians also enjoy the benefit of the Conformity Act of 2010, which provides the same taxpayer protections but applies to state income tax. It also expires at the end of this year.

Several attempts have been made this year to extend the federal law.

In February, President Obama included it in his federal budget, which has been locked in purgatory ever since. A bill backed by a bipartisan group in May never made it out of committee.

But on Aug. 2, the Senate Finance Committee finally garnered the necessary votes to approve a bill that would extend the federal tax break through the end of 2013, buoyed by the National Association of Realtors and the National Association of Home Builders.

The bill, which now heads to the full Senate, includes continued tax writeoffs for mortgage insurance and tax credits for home energy-efficiency improvements.

Now, it's up to a lame-duck Congress to approve the extension before the year ends, possibly as part of the "Fiscal Cliff" Grand Bargain that must be made in the face of expiring tax cuts and new Obamacare taxes.

One thing is clear: If these tax breaks are not extended, millions of homeowners who are upside-down on the mortgages and having difficulty making their loan payments will be saddled with financially devastating tax bills.

And bankruptcy filings are likely to shoot through the roof -- again. BK filings already are up 900 percent since the housing crisis began in 2006.

Want to know if you qualify for the Mortgage Forgiveness Debt Relief Act tax exemption? Call us today at 951-778-9700 and we'll help you sort it out.

(Brian Bean and Timothy Hardin are Default Advocates and owners of Dream Big Real Estate. They can be reached directly at Brian@DreamBigRealEstate.com or 951-778-9700.)

Brian Bean and Timothy Hardin Licensed Default Advocates DRE Lic #01889132 Info@DreamBigRealEstate.com

What's happening in the Real Estate Market today? CLICK HERE for more information.

Want to know if we're legit? Do your homework. Check us out at www.google.com www.yahoo.com www.bing.com. www.DreamBigRealEstate.com www.IEShortSalePros.com www.ShortSaleAndStay.com

If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.

Henry David Thoreau

Mortgage Forgiveness Debt Relief Act | Mortgage Forgiveness | Tax Exemption | Short Sale Tax Exemption | Riverside Short Sale Agents

Labels: Conformity Act of 2010, Mortgage Forgiveness Debt Relief, Riverside Short Sale Agents, Short Sale in Riverside, Short Sale Tax Exemption

# posted by Scott Chappell and Brian Bean @ 11:07 AM

Saturday, November 10, 2012

Relocation Incentive | Short Sale Agents | Fannie Mae | Freddie Mac | Riverside Real Estate | Riverside Short Sales

New short sale rules standardize seller cash incentives

New short sale guidelines may make it easier for a distressed homeowner to receive cash to move after a short sale.

Mortgage giants Fannie Mae and Freddie Mac on Nov. 1 launched a revamped and cohesive short sale program that, among other things, allows a short sale without missed payments and without requiring repayment of the loan balance.

The government-sponsored enterprises formerly processed short sales under varying sets of rules and even had their own versions of the Home Affordable Foreclosure Alternatives (HAFA) program, which provided a $3,000 relocation incentive to the seller. But the guidelines were restrictive and many distressed home sellers were disqualified for the cash payments.

Under the new guidelines, an owner-occupant home seller is entitled to a $3,000 relocation check to assist with relocation expenses, with the following exceptions:

The borrower is required to contribute funds or execute a promissory note. In California, laws protect most home sellers from having to contribute funds or sign a promissory note.
The borrower has military Permanent Change of Station (PCS) orders and receives a Dislocation Allowance (DLA) or other government relocation assistance.
The servicer has knowledge that the borrower is receiving relocation assistance from another source. In this case, the $3,000 would be reduced by a like amount.

Fannie and Freddie back about half of U.S. mortgages. For homeowners whose loans are not covered by one of the GSEs, many banks offer short sale programs that provide relocation incentives.

OTHER BANK PROGRAMS

HAFA PROGRAM: More than 40,000 short sales have been completed through the federal HAFA program, which provides a $3,000 relocation incentive for the homeowner.

The U.S. Treasury version of the program allow $8,500 to satisfy junior liens, making the program a better alternative for California homeowners, who are more likely to have high-balance home-equity loans.

Many banks participate in this program, though not all homeowners fit the mold.

BANK OF AMERICA: The nation’s largest servicer offers the HAFA program along with several in-house programs. Its most prominent proprietary program is the “Cooperative Short Sale Program” with an “Enhanced Relocation Assistance” that ranges from $2,500 to $30,000.

Bank of America launched the enhanced program nationwide in May. It applies to preapproved short sales (in which the short sale is initiated without an offer to purchase), and the incentive amount is based on the home value.

Eligible homeowners must start their short sale before the end of 2012 and close by Sept. 26, 2013, to receive the cash payments.

WACHOVIA: Wachovia Mortgage has been providing relocation incentives of $2,500 to $10,000 in a short sale for more than a year. The lender is well-known for its speedy response and no-nonsense negotiations.

CHASE BANK: This lender offers relocation incentives up to $45,000. Not all Chase loans qualify for the incentive — To find out if you have one of these loans, call us today at 951-778-9700.

CITIMORTGAGE: Citi says its average short sale incentive offer is $12,000 in cases where Citi owns the loan. The incentives are based on a variety of factors, including level of distress of the homeowner and loan characteristics.

WELLS FARGO: Wells completed a trial program in Florida last year that offered $10,000 to $20,000 to a homeowner who completes a short sale or deed-in-lieu. The incentive is only available on first trust deeds that Wells itself owns, the lender said.

This is not a comprehensive list, but these are good examples of the programs available to homeowners who are in danger of losing a home to foreclosure.

WILL THE BANK COOPERATE?

Despite what you may have heard, banks prefer short sales over foreclosure or even loan modifications. Why? It’s all about the numbers.

Short sales net banks 12 percent to 25 percent more than they would gain from a foreclosure because of the time and expense to take back, repair, maintain, market and resell a property. And as many as half of loan modifications re-default within the first year, later turning into foreclosures and short sales.

Thus short sales continue to increase, especially in Southern California, as lenders streamline processes and create attractive offers to help distressed homeowners. A short sale allows a homeowner to avoid a financially devastating foreclosure, limit damage to their credit, and re-enter the housing market much more quickly as an able buyer — before home values again shoot through the roof.

More importantly, a short sale allows a homeowner to exit their house on their own terms, with dignity intact.

Want to know if you qualify for any of these programs? Call us today at 951-778-9700and we’ll do the research for you.

Brian Bean and Tim Hardin, owners of Dream Big Real Estate in Riverside, are Default Advocates and ambassadors for Helping A Million Homeowners. They can be reached at 951-778-9700, PE@DreamBigRealEstate.com or at www.DreamBigRealEstate.com and www.ShortSaleAndStay.com.

Labels: Fannie Mae Short Sale, Foreclosure, Freddie Mac Short Sale, Riverside Home For Sale, Riverside Short Sale Agents, Short Sale in Riverside, Short Sales

# posted by Scott Chappell and Brian Bean @ 3:35 PM

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