Do Short Sale Sellers Have To Accept Your Offer?

Things To Remember When Making An Offer On A Short Sale

Recently I’ve submitted an offer on a short sale listing in St Petersburg.  As typical, seeing that the property has been on the market for a couple months, we went a little below the list price, but within reason.  I could find several comparable sales in the area to support my buyer’s offer.  After dealing with countless offers and closed contracts on so many short sales I was sure the seller will simply sign and the listing agent will pass the contract on to the lender for approval or counter.

After chasing the listing agent for nearly a week, she finally told me the seller won’t sign it because it is too low. I was puzzled, I assumed the seller would be interested to get the process going and even if the deal wouldn’t happen at least they’d know the approved value and could market it as such.  My buyers were upset, but decided to offer higher, after a couple more days the listing agent advised she already received a higher offer than mine and it was accepted. I’ll never know if there was something “fishy” or unethical going on on behalf of the listing agent, but the situation did remind me of a few important things:

  1. During the short sale process (or pre-foreclosure) the seller is still the rightful owner of the property and has homeownership rights.
  2. The seller can deny, counter or reject the buyer’s offer without explanation, and your offer will not be submitted to the short sale lender.
  3. We may not know all the details and reasons for the short sale listing, and we often don’t know the motivation of the seller.
  4. There’s a chance the listing agent is not experienced working with short sales and may give the seller advice which will not be in their best interest.
  5. Nothing is guaranteed in short sales.
  6. Many short sales will not close, the seller will be foreclosed on, the house taken away, the owners will be kicked out, buyers will be upset, listing and selling agents will have worked for nothing not making a dime.


Nevertheless, short sales are still good to pursue.  If you have a little time to wait and not in a hurry to close, you will typically buy a home for as much as 10-25% below market value.  So, during this time when the inventory of homes for sale in St Petersburg (and all Tampa Bay) is really low and good quality listings go within days, putting an offer on a short sale may not be a bad option after all.

Short Sale Gone Wrong?

Wells Fargo makes a terminally ill seller pay defficiency after short sale

We’ve processed hundreds of short sales.  In deed, in St Petersburg and all Tampa Bay area the words “short sale” have become so common, people mention them whiling drinking their Starbucks coffee and socializing with friends, and the local news talk about short sales almost daily.  As local Realtors we’ve faced all imaginable short sale situations and seen different outcomes: deficiencies, liabilities, prom notes, cancelled deals and foreclosure, clients changing their mind days before closing, happy clients walking from the closing table with no deficiency, etc.  We’ve seen everything!… or so we thought.

Is it fair? What do you think?

Recently, while processing yet another short sale, Wells Fargo demanded a deficiency pay out or a promissory note from the seller at closing.  This does happen sometimes, but there was something different about this real estate deal.  The seller was terminally ill with cancer.  No explanations and pleas worked for Wells Fargo and the seller decided to sign a prom note in order to close on their home, which they couldn’t afford any more due to medical bills and hardships.
I don’t even want to mention the word “fair” (or “unfair”), because when it comes to short sales – the line of “fairness” is not a line at all, it is a continuous zigzag.

Each short sale is different.  Every such sale involves peoples’ lives, hardships and reasons.  I don’t want to point fingers; I don’t want to voice an opinion on whose fault it is that our real estate market crashed.  I don’t want to ask why banks lent when they shouldn’t have or why people borrowed when they really couldn’t afford.  No, there has been plenty written and said about these issues.  The question is: what do we do now?  Where do we go from here?

What do you think?  Was Wells Fargo wrong?  Or should there be a “one stop” solution for all short sales and is there a “perfect short sale process” we can apply to all?  Let us know what you think in the comments!


Tampa Bay Real Estate. Where are we heading?

Foreclosure filings, home prices, REOs and sinkhole madness

One of the things we mentioned last week is that there’s a possibility of a Seller’s Market in place in Tampa Bay area, specifically in St Petersburg.  While nationally the median sales prices are slightly down, be careful to rely on national real estate data.  Always remember to look at your local market, I guarantee the local numbers will often show you a picture different from the national average.

We are living in a very interesting time in history, real estate history that is.  Home prices rose 7% last month, BUT so did the number of foreclosure filings!   It rose by 33%! How can that be?  What kind of market is this?  I expect a delayed reaction from this in a form of a dumpload of REO listings… or not… you really don’t know what the banks are up to and they may hold onto these properties for as long as they wish (or as long as the investors behind them wish to).  Yes, all of the ones we call “shadow inventory” plus over 65,000 more homes that banks foreclosed on last month alone!  When will these hit the market?  How am I supposed to know!

On a good note, Citizen’s giving only a 32.8% hike on sinkhole coverage, not the 440% increase everybody was talking about!  Good news for home owners, right?  Agree, disagree, and want to comment?  Let us know what you think in the comments below!

Is it now Sellers Market in St Pete and Tampa Bay?

Is real estate going up? Is it time to sell or buy in Tampa Bay?

Is local Real Estate really going up?

In the last few months we’ve been actively talking about the reducing real estate inventory in St Petersburg and all Tampa Bay.  We’re simply trying to carry the message to the consumer.  It is our duty and responsibility as real estate agents.  Are we urging folks to buy homes?  Yes.  Are we trying to tell it is also a good time to sell your home?  Absolutely.

Let me explain.  Today we observe a unique situation in our marketplace.  The inventory is reduced by nearly 50% compared to the same period of last year.  While there aren’t as many bank owned homes on the market any more, it’s not a huge loss to the general public, because the majority of the REO buyers were investors.  Similar situation is also in place with the short sales.  The investors often have time to wait, but the home owner occupants often need to buy within a reasonable timeframe.  So, even if the distressed inventory is low, today a buyer still has many options to find a home that’s right for them.

Of course for the sellers it’s good news too!  Less short sales and REOs on the market means they can now compete on better terms and have higher chances to get the market price for their home.  Banks are also getting smarter. While there’re still many bank owned properties that are not currently on the market, the lenders are not releasing them in a hurry, getting the most they can for REOs in this competitive, buyer-hungry market.

So because of this situation it’s no wonder that in some pockets of St Petersburg and Tampa the average and median prices are up.  Granted, the rise is mostly in single digits, but it surely is comforting after months and even years or decline.  Has your home value increased in the past few months?  Take a look at this Zillow graph and see for yourself.

Saint Petersburg Zillow Home Value Index

What do you think about this real estate market situation?    How is real estate doing in your neighborhood?     Please leave your comment below!

National Real Estate trend vs Local Stats

Tampa Bay Real Estate market trend. How does it look?

A few days ago we listed a house for sale.  We did our market research and comps analysis to price it right.  Then out of curiosity I went to Zillow.com to check out their graphs.  I seldom refer to Zillow in order to find the market value of the property as they can easily be 25% off, up or down.  However, I find Zillow very helpful for analyzing market trends.

Trulia stats for St Petersburg FL

Here’s a graph I pulled on that house just a couple days ago.  Do you see anything interesting?  Does it look like the curves stop sliding and actually start climbing back up?  I don’t like to speculate, especially just a few days before our government has to make some important decisions in regards to our economy and national debt.  But I do like to look at numbers, because numbers don’t lie. I like to make conclusions based on researched data.  And today the data shows us that the number of home sales is down.  NAR recently shared that overall sale prices dropped again, which added some stress to homeowners.  However, when looking at the national real estate stats, you may see a totally different picture compared to your specific area.  In fact, the only good way of analyzing real estate is when you are being geographically specific.  National averages “don’t do me no good” when I’m trying to figure out the value of my house.

Homes For Sale Inventory is down 11 %

Frank Gregoire, a St Petersburg appraiser shared a link to Calculated Risk Blog on URBN Facebook page last week.  If you want to learn this stuff deeper, that is one heck of a resource.  On the blog the author shares data about the price index change over the last few months.  In general, when talking about traditional and distressed home sales, there was little fluctuation in Florida.  However, if you look closely at specific areas of Tampa Bay and St Petersburg you can see significant rise in median sales prices over the term of 2011.  Another interesting fact: last year most residential neighborhoods boasted 16-17 months of real estate inventory and today we have only 6-7 months of supply.
Is this trend going to continue?  We don’t know but certainly hope so.  Though the fact is there are many foreclosed homes the banks haven’t listed for sale yet and thousands of lis pendens (pre-foreclosures) that are in a pending litigation status…  When will the banks foreclose of them?  What will they do after they foreclose?  Again, we can only guess.  But please, post your thoughts in the comments below!

Is your loan modification not getting approved?

3 major banks lose loan modification incentives and what it means for you!

Are you behind on your mortgage payments because your interest rates are too high?   Have you tried the HAMP loan modification program?   If you have, you know how hard it is to actually get approved, get the modification done in your favor and see your payments reduced.   It is even harder if you finance with one of the 3 major lenders: Bank Of America, JPMorgan Chase and Wells Fargo.

LA Times writes in a recent article: “The Obama administration has punished three of the nation’s largest banks, judging them unworthy of receiving financial incentives through its signature foreclosure relief program until they improve their practices.”

The HAMP program is worth $75 billion and been active for 2 years.   However, only now do we see the Obama Administration and Treasure Department start to actively enforce its own program rules.

 

But do banks have enough motivation to complete loan modifications?

The lender receives $1,000 for each loan modification and another $1,000 if that modification proves successful.  If you are not in default yet the bank will receive $500 for any kind of aid they can give to keep you in your home.  But again, is $2,000 a good deal for a bank to get a loan modification done?

It’s hard to say whether it’s the bank’s bureaucratic structure, lack of motivation, inability to process so many requests quickly, or all of the above that have created the loan modification disaster.   This situation causes a lot of stress for the home owners and forces some info a foreclosure.

On the other hand, the banks are private institutions and are profit focused.   So could it be that there’s less risk and more profit for a lender if they proceed with the foreclosure process and try to collect as many payments from you while you are still paying?   Are they being narrow-minded?   Are they not willing to look at the long term scenario?   Or are they trying to take their losses now because they know something we don’t?  Here in St Petersburg, FL and all Tampa Bay we see many folks trying to get their loan modification done and more often than not without success.

Well, these questions are on the table.   Are you going through a loan modification? Are you successful with it? Let us know in the comments!

Deals Of The Week In Tampa Bay

Real Estate Deals Of The Week in Tampa and St Petersburg

Deals of the week

Here are a few listings that have been listed in the last week.  It is always exciting to see ”fresh” homes on the market, especially because their listing price often can tell us where the market is going.  If you’d like to see any of these homes, just give us a call at 888.449.4052 or send us a message.

We're sorry, but we couldn't find MLS # 7502553 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502442 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502410 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502154 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502419 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502216 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 7502328 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2459068 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2458977 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2458577 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2458808 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2457917 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

We're sorry, but we couldn't find MLS # 2458453 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

Tampa Bay Real Estate Blog by The HOME Team of Charles Rutenberg Realty, Inc. Downtown St Petersburg, FL

Short Sales Flood Continues?

SHORT SALES FLOOD IN TAMPA BAY CONTINUES?

Click picture to search short short sales in Tampa Bay

We’ve all seen the decrease in real estate prices in the last 5 years.  Home prices in Tampa Bay dropped near 50% from where they were at the peak of the market in 2005-2006.  As a result nearly 40% of all home sold in St Petersburg and greater Tampa Bay area today are closed through a short sale or foreclosure process.  In 2010 the decrease in sales prices was significantly lower than in 2008 and 2009 and it seems as if we’ve gone into a flat plateau.  Will home values continue to go down in 2011?  If they do, it will be in single digits, in my humble opinion.

Statistically, even though home values in Tampa Bay dropped by around 8% in 2010, there were more sales last year than in 2009 or 2008.  So there’s more activity, meaning people are more comfortable with current prices and feel a bit more confident about buying.  But, on the sales side, we will continue to see short sales, as there are so many currently pending and many people have missed multiple payments and are near beginning of a short sale or foreclosure process on their home.  So, even if number of sales continues to go up, the prices will still stay low for a while.

WHY DO PEOPLE SHORT SALE THEIR HOMES?

Find out what's your home worth and if you're in a short sale range. Click on the picture!

1) Life.  Yes, that’s a simple reason.  With some it’s a need to relocate, due to a change of a job, divorce or death in the family.

2) Loss of a job.  Many have lost jobs during this recession and can’t continue to make payments.  Statistically, if you’ve missed 5 or 6 payments, it’s rare that a person catches up on them.  So, they have to put their home on the market, but the principle is higher than what the home is worth today – hence the short sale.

3) Just because.  You and your neighbor bought homes in 2005 for $300k each.  Today each house is worth $165k.  Neighbor decides to stop paying on the mortgage of the house that’s not worth the amount he owes.  Lives in it without making a payment for a year, buys a foreclosure down the street for $100k, then, short sells his house and walks away without deficiency judgment.  While you are still making a hefty payment on your home.  How will it make you feel?

RIGHT OR WRONG?

Click picture to search Foreclosures in Tampa Bay

Sometimes it’s hard to draw the line between what’s right and wrong. If you are missing payments on your mortgage, I hope it is because you are experiencing a hardship and not just because you are frustrated with the market and don’t feel like paying any more.

Remember, short sales and foreclosures WILL affect your credit.  Deficiency is not always forgiven and banks can pursue you for the difference in the future.  Often the lender requires a proof of a true hardship in order to approve a short sale.  Though, some lenders these days allow a short sale without much paperwork and in a short time frame.

Before you consider a short sale, talk to your lender about a loan modification, which can significantly reduce your monthly payment. Finally, talk to a lawyer about your situation and then consult with a Real Estate agent about the sales process.

Call us today, we can help!  Talk to James @ Tel. (888) 449-4052

HAFA – An Alternative To A Traditional Short Sale Process

HAFA

www.makinghomeaffordable.gov info is used for this post.

The Federal Administration’s Making Homes Affordable Program is a critical part of the effort to stabilize the housing market and help struggling homeowners get relief and avoid foreclosure.

Making Home Affordable includes opportunities for homeowners to modify or refinance their mortgage to make their payments more affordable.

Some homeowners may feel that they can no longer afford their home, even with modified payments.  These homeowners still want to avoid the devastating effects of foreclosure.  The Home Affordable Foreclosure Alternatives (HAFA) Program makes it easier for homeowners to work with their mortgage servicer to sell their home (short sale) or deed it to the bank (deed-in-lieu of foreclosure).

Under HAFA, after a short sale or deed-in-lieu is successfully completed, a homeowner is cleared of all remaining debt and obligations on their first lien mortgage to their mortgage servicer, and is eligible for $3,000 to help with moving expenses.

For many homeowners, these solutions are the safest way to transition to more affordable housing.

HOME AFFORDABLE FORECLOSURE ALTERNATIVES

The Home Affordable Foreclosure Alternatives (HAFA) Program includes two options:

1. Short Sale

In a short sale, the servicer allows the homeowner to list and sell the mortgaged property and agrees to accept the net proceeds from the sale even if the proceeds are less than the total amount due on the mortgage.

2. Deed-in-Lieu of Foreclosure

Servicers may also offer to accept a deed-in-lieu of foreclosure through which a homeowner voluntarily transfers ownership of the property to their servicer. Many servicers require homeowners to try to sell their home before they will accept a deed-in-lieu.

Eligibility Criteria

HAFA is available for homeowners who have a verifiable financial hardship and:

• Do not qualify for a mortgage modification under the Making Home Affordable Program;

• Do not successfully complete the trial period for their modification;

• Miss at least two consecutive payments once in a permanent modification; or

• Request a short sale or deed-in-lieu of foreclosure.

We can give you more information about your eligibility.

Other Loans

If you have other loans against your house, you will need to work with your servicer to negotiate the release of those loans in order to complete the short sale or deed-in-lieu. HAFA helps by providing some funds to pay off junior loans.

HAFA Timeline And Incentives

Unlike the process for many short sales and deeds-in-lieu of foreclosure, HAFA sets clear time lines to keep the process efficient.

Mortgage servicers must evaluate homeowners for HAFA within 30 days after one of the eligibility criteria is met. If the homeowner is eligible, the servicer will send a Short Sale Agreement (SSA)—a contract between the homeowner and the servicer— that will include:

• A list price approved by the servicer PRIOR TO listing a home;

• The length of time the property will be marketed for sale;

• An agreement releasing the homeowner from all future liability after the property is sold;

• The amount of the monthly mortgage payment, if any, that the borrower will be required to pay during the term of the SSA;

• Information about $3,000 in relocation assistance after closing; and

• An agreement that so long as the borrower performs in accordance with the terms of the SSA, the servicer will not complete a foreclosure sale.

If a servicer is willing to accept a deed-in-lieu of foreclosure, they will provide a HAFA deed-in-lieu agreement.

There are additional eligibility requirements for the HAFA program.  Please contact James at 888.449.4052 for more information.

First And Second Mortgage Loan Modification Programs

Is Loan Modification Possible? Let’s talk about HAMP

www.makinghomeaffordable.com info used for this article

Many homeowners are struggling to make their monthly mortgage payments on time perhaps because their interest rate has increased or they have less income.  A Home Affordable Modification through the Obama Administration’s Making Home Affordable Program will provide them with more affordable mortgage payments.

Eligibility

You may be eligible for a Home Affordable Modification if you:

• Own a 1-4 unit home that is your primary residence;

• Got your mortgage on or before January 1, 2009;

• Have a mortgage payment (including taxes, insurance, and homeowners association dues) that is more than 31 percent of your gross (pre-tax) monthly income; and

• Owe an amount that is less than or equal to $729,750 on your first mortgage for a single unit property (there are higher limits for 2-4 unit properties).

The Administration recently announced expanded flexibility to help homeowners who are unemployed or owe more than the current value of their home. And the Second Lien Modification Program offers homeowners a way to lower payments on their second mortgage when their first mortgage is modified through the Home Affordable Modification Program.

2nd Lien Modification Program (2MP)

Another reason many homeowners may be struggling to make their monthly mortgage payments is because they have a second lien.  Even when a first mortgage payment is affordable, the addition of a second lien can sometimes increase monthly payments beyond affordable levels.  Second liens often complicate or prevent modification or refinancing of a first mortgage.

The 2nd Lien Modification Program (2MP) offers homeowners a way to lower payments on their second mortgage.  2MP offers homeowners, their mortgage servicers and investors an incentive for modifying a second lien.  Servicers and investors may also receive an incentive for extinguishing a second lien, forgiving all of the debt a homeowner owes.

Homeowners must provide consent to share their first lien mortgage modification information with their second lien mortgage servicer, if they are different.  Since 2MP is meant to be complementary to the Home Affordable Modification Program (HAMP), a homeowner must have their first lien modified through HAMP before the second lien can be modified under 2MP.

Under 2MP, with their investor’s guidance, a mortgage servicer may:

  • Reduce the interest rate to one percent for second liens that pay both principal and interest (amortizing);
  • Reduce the interest rate to two percent for interest-only second liens;
  • Extend the term of the second lien to 40 years;
  • If the principal was deferred (through forbearance) on the first lien, a servicer must forbear the same proportion on the second lien;
  • If the principal was forgiven on the first lien, in accordance with the Principal Reduction Alternative program, a servicer must forgive the same proportion on the second lien; although a servicer may, in its discretion, forgive a larger portion or all of the second lien and will receive incentives for doing so.

A second lien is eligible for 2MP if:

  • the corresponding first lien has been modified under the Obama Administration’s Home Affordable Modification Program and the second lien servicer is participating;
  • it was originated on or before January 1, 2009;
  • it does not have an unpaid principal balance (at consideration for the modification) of less than $5,000 or a pre-modification scheduled monthly payment of less than $100;
  • it has not yet been modified under 2MP;
  • it is not subordinate to a second lien or is not a home equity loan in first lien position;
  • it is not a second lien on which no interest is charged and no payments are due until the first lien is paid in full; and
  • the second lien servicer is in possession of a fully executed 2MP modification agreement or trial period plan by December 31, 2012; or the second lien is not insured, guaranteed, or held by a Federal government agency (e.g. FHA, HUD, VA, and Rural Development).

List of Participating Servicers
Bank of America (including Countrywide)
BayView Loan Servicing, LLC
Chase (including EMC and WaMu)
Citi Mortgage, Inc.
Community Credit Union of Florida
GMAC Mortgage, LLC
Greentree Servicing, LLC
iServe Residential Lending, LLC
iServe Servicing, Inc.
National City Bank
Nationstar Mortgage, LLC
OneWest Bank
PennyMac Loan Services, LLC
PNC Bank
Residential Credit Solutions
Servis One dba BSI Financial Services
Wells Fargo (including Wachovia)

More servicers will be added in the near future as they join the program.

For additional information or with questions please feel free to contact James at 888.449.4052.

Information on this website is being provided for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating to real estate for sale on this web site comes in part from the IDX Program of the Pinellas Suncoast Association of Realtors (PSAR). All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal.

Last updated 5/22/13 11:57 PM PDT.

This IDX solution is (c) Diverse Solutions 2013.