Posts Tagged ‘foreclosure’

Nov 1 Faster Short Sales and Deed-In-Lieu

November 2, 2012 Leave a comment

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November 1 begins the start of new rules   for short sales  which has consolidated the process into one new streamline program easier to execute, faster  and   includes lender requirements to respond to short sales within 30 days of the offer, provide weekly updates and communicate final decisions within 60 days of receipt of offers.

No longer will borrower need to be in default to qualify for a short sale if their mortgage is backed by Fannie Mae or Freddie Mac as long as they have hardship such as death of a borrower or co-borrower, divorce, legal separation, illness, disability or distant employment transfer.

Deficiency judgements (balance between short sale and owed amount) may be eliminated with some funds paid at closing.  Military borrowers are not required to pay funds to negotiate the elimination of deficiency judgements.

Servicers working with Fannie Mae and Freddie Mac   will be able to skip a step when attempting to get a short sale or deed-in-lieu of foreclosure approved  by the elimination of approval by mortgage insurer as part of the  process and according  to the new standard delegation agreements.

“Short sales and deeds-in-lieu are important tools to prevent foreclosures and help struggling borrowers,” said Leslie Peeler, SVP of national servicing organization at Fannie Mae. “These delegation agreements create an even more streamlined process that will ultimately help more families avoid the costly effects of foreclosure and benefit taxpayers. We are pleased that the mortgage insurance companies have stepped up to the plate with us to help more homeowners.”

Should a borrower not make a  20 percent downpayment, the borrower is then required to have a mortgage insurance.  Agreeing to the terms are the following mortgage insurers:  CMG Mortgage Insurance Company; Essent Guaranty, Inc.; Genworth Mortgage Insurance Corporation; Mortgage Guaranty Insurance Corporation; PMI Mortgage Insurance Co.; Radian Guaranty Inc.; Republic Mortgage Insurance Company; Triad Guaranty Insurance Corporation, and United


No Deficiency Due With New Shortsales Guidelines

August 22, 2012 Leave a comment
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The new Shortsale guidelines from Fannie Mae and Freddie Mac will make it easier for sellers who previously did not qualify and eliminate previous problems in the past including remedy for the 2nd lienholder and  not having to prove hardships.

“Short sales have become an increasingly important tool in preventing foreclosures and stabilizing communities,” said Leslie Peeler, senior vice president, National Servicing Organization, Fannie Mae. “We want to help as many homeowners avoid foreclosure as possible. It is vital that servicers, junior lien holders and mortgage insurers step up to the plate with us. These new guidelines will open doors to help more homeowners qualify for short sales, remove barriers to completing short sales, and make the process more efficient for homeowners and servicers.”

Shortsale process is now open to non default borrowers who may face hardship death of a borrower or co-borrower, divorce or legal separation, illness or disability or a distant employment transfer starting November 1, 2012 when the  new short sale guidelines making it easier for eligibility.

“The streamlined short sales process will definitely help homeowners,” says David Liniger, Re/Max International chairman and co-founder.

“A lot of sellers and their Realtors have not been able to sort out the problems with short sales and have given up on the process because, even after sending in the correct paperwork, they have sometimes waited three or four months for their lender to respond,” Liniger says.

Servicemembers who need to relocate qualify for a shortsale.  They no longer have to pay remaining deficiency after a short sale and will automatically be qualified for short sale even if they are current in payments.  Provisions were also created for military personnel with Permanent Change of Station (PCS) orders.

One major barrier that is also being addressed is the issue with second lien holders. The second lien holder have caused  a substantial percentage of short sales failures.   To prevent second lien holders from stalling the short sale process, the GSEs will offer up to $6,000.

In addition, all servicers will have the authority to approve and complete short sales that follow the requirements without first going to the GSEs for approval. And the  GSEs will also waive their right to pursue deficiency judgments.

“These new guidelines demonstrate FHFA’s and Fannie Mae’s and Freddie Mac’s commitment to enhancing and streamlining processes to avoid foreclosure and stabilize communities,” said  FHFA Acting Director Edward J. DeMarco in a statement. “The new standard short sale program will also provide relief to those underwater borrowers who need to relocate more than 50 miles for a job.”


Additional Relating Reading:

How to Make Money in Real Estate in the New Economy
Investing in Real Estate
Cash Flow Notes 2012

New Foreclosures Short Sales Help With New Policies

August 15, 2012 Leave a comment


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FHA loan foreclosure “starts” increased for the second quarter 2012. The  older  foreclosures have been processed  through the market  but now because of the mortgage settlement, mortgages that were late some time ago are only now starting  the foreclosure process.

To move through the new  foreclosure short sale offers policies  enacted this summer  by Fannie Mae and Freddie  reduces the short-sale timeline process to expedite the pre-foreclosure sale process to include short sale offers.   Servicers are “encouraged” to follow these requirements with respect to mortgage loans sold to either Fannie or Freddie, including FHA, VA and USDA loans they may have purchased.

Last month another bill was introduced to assist  with the short sale process.  The bill addresses one of the major road blocks to closing short sale offers and that is the problem with non cooperating secondary lien holder.

Rep. Jerry McNerney (D-Stockton)  introduced a bill to speed up the short sale process by requiring subordinate mortgage lien holders to make a decision on a short sale within 45 days.

The bill called “Fast Help For Homeowners (FHFH) Act”  has full support from the National Association of Realtor.  The NAR stated that its members continue to report delays in completing short sale transactions due to drawn out response times for whether or not an offer was accepted by the secondary lien holder.

“Second mortgage lien holders frequently hold up and cancel the short sale transaction while trying to collect the largest possible payout in exchange for releasing the homeowner’s lien, even though the secondary lien holder often gets nothing if the home ends up going into foreclosure,” said NAR President Moe Veissi, in a statement. “While efforts have been made to improve primary lien holders’ response times, issues still abound with second and subsequent lien holders, and this legislation is a step in the right direction.”



Delayed Foreclosures Moving Back Into The Market

August 14, 2012 Leave a comment
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“The dam may not burst in the next 30 to 45 days, but it will eventually burst, and everyone downstream should be prepared for that to happen — both in terms of new foreclosure activity and new short sale activity,”Brandon Moore, RealtyTrac’s CEO.said in a statement.

The dam  that will burst   because of the postponed foreclosures that banks were hesitant  to proceed with during the robo-signing investigation on fradulent foreclosure documentation.  Lenders hit the pause button on foreclosures because they “were afraid that anything they did would be under a microscope,” said Eric Higgins, a professor of business at Kansas State University.

The majority of the delayed foreclosure processing  were in the states that have “judicial foreclosures”. The bankers with mortgages in these states bank stopped filing foreclosure if they were not 100% sure the documents were correct and could stand up in court.

Some homeowners  who  were in default  but did not receive their foreclosure notices were stuck in limbo during the  robo banking investigations.  They like many in Las Vegas  abandoned their homes when there was no bank communication  and they were not able to get answers and only reached  the automated voicemail  endless loop at their banks.

Many others  stopped paying their mortgage and remained in their home especially when the banks could not provide any further status of their foreclosures or when their mortgage was sold from one bank to another and their accounts were lost in the shuffle.

Others just squatted and did not pay for many months and years. In Florida, the average time was 861 days, and in New York it was 1,056 days — close to three years.

But now the regulators have come to a $26 billion settlement  with the banks to include  Bank of America, JPMorgan Chase, Citibank and Wells Fargo . which means that inventory which has been lacking in the market  have  been showing up in the market now as potential short sales and foreclosure properties and the flow of foreclosures will continue back into the market now that the settlement is in place.

Already for the month of  August  new   foreclosure  “starts” has been up and hit a record highs according to the Mortgage Bankers Association.

Real Estate.

Buffet Ready For the Next Housing and Mortgage Trend

August 2, 2012 Leave a comment
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The U.S. housing market has seen four years of  lack of new homes.  Since 2008 new homes construction declined  steadily and it was  only up until this  past June 2012 we began to see reports of  new housing  construction applications  increase.

Four years of lack of  new homes coupled with the shadow and REO  inventory held by the banks  and the  foreclosure homes many stuck in limbo because of the robo signing issues only recently starting to move again;   the  shortage of  available housing has been substantial.

These issue skew the reports of increase of home prices as a barometer for uptrend in the housing market. The demand for homes because of loss of inventory  may not reflect as much of an  uptrend in   the housing market, rather  leaning more towards  competitive bidding  for the minimum inventory on market.

What  may be  added  to that demand is  the normal new   families demographic  but those numbers are balanced out by the number of young adults remaining at home because of the unemployment.  When the unemployment numbers decrease there will added factor in housing demand.

Warren Buffet’s Berkshire Hathaways   increased his holdings in Wells Fargo, the largest U.S. Homelender, and the assets of the bankrupt Residential Captial LLC.

A turn in the housing market will benefit Berkshire’s businesses tied to home building and repair, said Josh Brown, who helps oversee $350 million at Fusion Analytics Investment Partners LLC in New York, including Berkshire shares.

“Buffett has spent the past decade amassing a portfolio of companies that are involved with home remodeling,” he said in a phone interview. “It’s got the right drivers if this housing trend continues.”

Berkshire Hathaway  has added approximately 36% or  104.1 million shares of Wells Fargo to its portfolio since  2008-2009.   And his choice in a regional bank is a less riskier  one  with current big bank problems.

“Wells is seen as a supersize regional bank,” reports Wall Street Journal.”More telling, it isn’t a player in over-the-counter derivatives markets. Wells had derivatives with a face value of about $3.2 trillion at the end of last year. J.P. Morgan had $71 trillion and BofA, $68 trillion.”

When the real estate market is back on the move Warren Buffet will in the right position, again.



Investing in Real Estate

Home Buying Kit For Dummies

Cash Flow Notes 2012