Monday, April 11, 2011

How home-sellers can take advantage of the foreclosure crisis

From Bankrate.com.  Risky foreclosures could help savvy sellers.

The cloud over foreclosures comes with a silver lining for homeowners looking for an edge when they sell real estate in a strong buyer's market.

The good news for sellers is that foreclosures look risky again. Savvy sellers -- at least, those who have equity and are current on their house payments -- might be able to turn the tables and use the robosigning follies to their advantage, experts say.

"I am not seeing buyers afraid (yet) to buy a foreclosure," says Elizabeth Weintraub, a real estate broker in Sacramento, Calif. "They should be."

The robosigning controversy has led to a slowdown in foreclosures. The lull is likely to be temporary and sellers' advantage from a drop in foreclosures potentially fleeting, with many markets still flooded with distressed properties, according to Katie Curnutte, a spokeswoman for Zillow.com. There might even be a boomerang effect later in the year after banks get back up to full speed again with auctions, she says.

For home sellers, here are some tips on how to seize the initiative during a rare (relative) lull in the foreclosure crisis.

Sell sooner rather than later.

If you absolutely, positively don't have to sell in this market, then don't. But if you must, whether now or five months from now, take the plunge now. Sure, the slowdown in foreclosure activity could mean somewhat less competition now.

But even more critically, there is the boomerang effect to take into account. The number of foreclosures is expected to skyrocket as we head deeper into 2011.

Get your story out.

Foreclosure sales were once rare. But in some markets now, they make up 20 percent to more than half of all sales. If you are a long-term homeowner who has kept up on your mortgage payments, you need to get that message out. This is your key advantage over a much lower-priced foreclosure, especially in light of the robosigning mess.

The buyer knows who he or she is buying the home from -- no title issues here. There are ways to tactfully get across this key point in your ads, with phrases like "long-term ownership" and "been in the family for decades," Weintraub says.

Do your homework.

You can bet savvy buyers these days are going to come in with a stack of comps, many of them rock-bottom foreclosures. Provide your own market analysis, one that can help highlight the challenges facing foreclosed properties.

The first report should be comparable homes sold in the last few months, with foreclosures broken out separately if mentioned at all, says Jim Kimmons, broker owner of Gallery Realty of Taos, N.M. The second should detail homes currently on the market. That will help you frame the decision on favorable terms: Buyers should consider homes like yours instead of foreclosures.

Price aggressively without undercutting foreclosures.

The aim is to sell your home and maybe come away with a small gain. Forget about making a killing. Few homeowners who are current on their mortgage can match a foreclosure price.

But buyers are still looking for low prices. Take a look at what other nondistressed properties are selling for in your neighborhood and then price below them. And drive home the point that the price is the price -- with foreclosures the bank can take a better offer right up to the day of the closing, Weintraub says.

Burst those foreclosure fantasies.

Many buyers haven't a clue about what it takes to buy a foreclosed home. In many cases, individual buyers don't stand a chance as they end up competing with investors ready to pay cash, Kimmons says.

If a buyer or agent doesn't know this, enlighten him or her. "There is a significant percentage of buyers (that) could not buy a foreclosure if they wanted to," Kimmons says


Read more from Bankrate.com- Home-selling tactics to beat the deadbeats


For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Title Inc.
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 201-656-4506
E-mail vti@vested.com - www.vested.com
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Friday, April 1, 2011

Not news to us. Problems With New Good Faith Estimate Forms

The New York Times reports on “Problems With New Good Faith Estimate Forms.”

“THE revamped Good Faith Estimate form, which arrived just over a year ago, has helped give home buyers and homeowners looking to refinance their mortgages a better understanding of their borrowing costs

“But industry experts say the three-page, line-by-line disclosure — which lenders must provide within three days of receiving a loan application — still falls short of telling borrowers exactly what they will be paying. Some in the mortgage industry complain that it can even distort or obscure the true cost.”
We have had difficulties with lenders and their preparation of the Good Faith Estimate (GFE.) That which was intended to be a simplified method of explaining loan costs is anything but that. And, lenders do not uniformly provide us, as settlement agents, with information that needs to be reported. In other words, even lenders are confused about what information goes on which line.

Read the full article by Lynnley Browing.

For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Title Inc.
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 201-656-4506
E-mail vti@vested.com - www.vested.com
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Thursday, March 31, 2011

Mortgage foreclosure settlement – a solution?

Sarah Portlock writing in The Star-Ledger reports on the settlement of the New Jersey Supreme Court’s involvement in the mortgage foreclosure crisis. The settlement “will require six of the country’s biggest mortgage lenders to disclose the specifics of how they foreclose on homeowners has been” court approved.

“Under the agreement, retired Judge Richard Williams will review the lenders’ foreclosure processes to ensure all filed documents are based on personal knowledge and accurate business records. He also has the power to periodically review a sample of future foreclosures.”
Nonsense. Can anyone define “personal knowledge” in the day of e-commerce where everything, absolutely everything is compiled, kept and disseminated electronically? We no longer live in the days of bookkeepers wearing eyeshades sitting hunchbacked over ledger books.
“The settlement was made public two weeks ago, and comes four months after Chief Justice Stuart Rabner issued a three-part initiative to investigate what could be rogue foreclosure filings, noting a staggering increase in caseload and concerns judges had inadvertently "rubber stamped" files that had inadequate or inaccurate paperwork. In response, the banks argued they had already revised their foreclosure procedures.”
Read - Judge approves settlement to review mortgage foreclosure process

For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Title Inc.
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 201-656-4506
E-mail vti@vested.com - www.vested.com
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Thursday, March 24, 2011

Federal Housing Finance Agency extends the Home Affordable Refinance Program for one year

On March 11, 2011, the Federal Housing Finance Agency (FHFA) announced a one year extension of the Home Affordable Refinance Program (HARP) to June 30, 2012. The program expands access to refinancing for qualified individuals and families who are current on their mortgage payment and who have loans owned or guaranteed by Fannie Mae or Freddie Mac with loan-to-value ratios of between 80 percent and 125 percent. Since the beginning of the program in 2009, Fannie Mae and Freddie Mac have purchased or guaranteed 621,803 loans under HARP (190,180 in 2009 and 431,623 in 2010).

Read FHFA press release.
For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Title Inc.
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 201-656-4506
E-mail vti@vested.com - www.vested.com
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Tuesday, March 22, 2011

Are you tough enough to buy at a foreclosure auction?

Bankrate.com has a wonderful article, “Hassles of buying foreclosures at auction,” written by Clark Palmer.

We get calls from time to time from prospective foreclosure property bidders who just can’t pass up a bargain. The article will set you straight.

Highlights:
  • The process has plenty of snags to snare the unwary foreclosure buyer.
  • The condition of a foreclosed home is a mystery; it could be plumbing-free.
  • Consider the time and expense of repairing a handyman's special.
“An expert's single word of advice for folks who dream of buying a foreclosed house at auction: Don't.”

"’I caution anyone who isn't in the (real estate) business: Buying (at auction) can be one of the worst decisions you'll ever make," says Jim Hamilton, a Realtor in Los Gatos, Calif. Another bit of counsel from Hamilton: If you want to buy foreclosures at auction, plan on making that your full-time job.”
If you consider that “buying a house is like navigating an obstacle course, then buying a foreclosure is like crossing a minefield.

Traps for the unwary.

First of all, you have to pay cash.
“And you're paying for all of the loans, back interest, taxes and attorney's fees on the property. So if the house is worth $300,000, the opening bid could actually be $400,000. By the time you outbid everyone, you could be paying a lot more than that.”
If the homeowner files bankruptcy on the day of the auction, or, in New Jersey, within 10 days of the sale, you won’t get your deed and will have to wait for return of your deposit.

A perfect house for stargazers.  Even if you work out those issues, you don't know the condition of the property.
People could still be living there. The house could be gutted -- missing copper and plumbing fixtures, or even roofless, Weintraub says.
Finally, “the bank isn't going to tell you all that much about the house.” Inspect on your own if you can.

And, if you find them, who will fix the problems?
Ask yourself if you have the money, time, patience and support from the people around you to repair any problems with the house. "You need to be realistic about those questions. If the answers to any of those questions is 'no,' this probably isn't the house you're looking for," Hamilton says.
Read the full article.

For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Title Inc.
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 201-656-4506
E-mail vti@vested.com - www.vested.com
Sphere: Related Content