Tag Archives: nationstar short sales

Is the place you want to rent in foreclosure?

In representing bank owned properties, one of the unpleasant tasks I handle is to confirm occupancy on a property that has been recently foreclosed on. Almost every time I check on the property, there is someone living there and they are usually surprised to see me. They are usually leasing the property and paying rent and had no idea that the property was in foreclosure. It’s very upsetting to them and we have to work together towards a smooth transition.

In talking with the last tenant, she asked me how would she have known the house was in foreclosure? It got me to thinking that there are probably many more people like her out there who may be renting a place and need this information. Probably the easiest way to make sure that your landlord is current with their lender is to ask to see their latest loan statement. While a landlord may be reluctant to share this information, tell them that it’s justifiable for you to see it, given all the foreclosures on the market. You can also call the Homeowner’s Association and ask if your landlord is in good standing.

Another option is to do a search of the public records. You can do this by accessing  the website of the clerk of the court in the county where the property is located and searching under your landlord’s name for any legal actions. If there is a Lis Pendens filed with your property address, then there is a good chance the property is in foreclosure. There is also a section on Foreclosures where the sale dates are posted. You can check this calender to see if your landlord and/or property is listed.

There are laws protecting a tenant’s rights to finish out their lease, even if the property is foreclosed on. You will need to document your lease and prove that it is valid by providing a written lease that is not expired and is signed by all the parties along with copies of your last five (5) rental payments.

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How to buy a home after a short sale……can it really be done?

The answer is yes, but it depends. If you missed payments prior to the short sale you are out of luck. It seems that the short sale itself isn’t the end of the world (according to the current lending standards). Missing payments prior to the short sale is what hurts your credit..

Dear Dr. Don,

We were forced to do a short sale with our home due to a huge salary cut. Our credit rating beforehand was great, but the mortgage holder required us to fall two months behind on our payments before they would allow the short sale. Of course, that hurt our credit score. We would like to buy again but struggle to save much beyond our rent for a down payment. Are there mortgages available after a short sale that don’t require a 20% down payment, and will we be able to get a conventional mortgage after the short sale?
- Brian Bungalow

Dear Brian,

Not all lenders require you to be past due on your payments to qualify for a short sale. Your lender did, so you have to work within that constraint. The good news is you successfully navigated the labyrinth that is a short sale, and you made it to the other side.

I’m sure you’d like a second chance at buying a home in today’s market with today’s low interest rates. Unfortunately, you must spend some time in the penalty box before lenders will once again consider you for a conventional mortgage or even a mortgage through the Federal Housing Administration, or FHA.

In general, you’ll have to wait two to four years to qualify for a conventional mortgage that meets the standards of Fannie Mae or Freddie Mac, which buy mortgages on the secondary market, pool them and sell them as mortgage-backed securities to investors on the open market.

The shorter end of the wait period is for borrowers with 20% down or who faced extenuating circumstances in the short sale of their last home. The longer end of the wait period is for borrowers who can put 10% down. In both cases, the borrower needs a traditional credit history that isn’t a “thin file,” or a limited or short credit history.

FHA loans have lower down-payment requirements — 3.5%. Borrowers who weren’t in default when they closed on the short sale can get an FHA loan right away. Borrowers who were in default have to wait three years, although lenders can make a case for extenuating circumstances.

Can’t wait out the time in the penalty box? If you’re open to some creative financing, you might be able to negotiate a lease option on a rental home you’d consider owning. What’s interesting about the lease option versus a lease-purchase agreement is the opportunity to back away if you don’t like what happens to the home’s value over time.

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5 Reasons Why Banks Would Rather Foreclose

“Why won’t the bank just reduce the amount of my loan instead of taking my home and then selling it to someone else for way less than I would have been happy to pay?”

It’s a question that gets asked repeatedly these days, especially by people who are facing foreclosure or are upside down on their mortgages.

1. The buck stops there.

The decisions to reduce principal loan amounts are made by the firms that service mortgages — the same folks who brought the country the robo-signing scandal. As servicing firms, anything they decide must be in the financial interest of their client — that’s your lender, not you. If they depart from customary practice — and writing down loan balances is a departure from customary practice — the buck stops with them, Guttentag says. In other words, who’s going to take the risk of reducing Joe Homeowner’s loan amount and then have to explain it to the boss? To take Nancy Reagan out of context: They just say no.

2. Banks are in the business of making money.

No lender is going to write down the balance of a loan in default just because you owe more than the home is worth. Truth is, there is no benefit to the lender to helping Joe Homeowner keep his house instead of selling it to the next guy. Plus, to help Joe would eliminate the possibility that the bank could also get a deficiency judgment against him. Banks are in this for the squeeze and think of Joe as just the orange. Nothing personal, of course.

3. In this economy, you will likely default anyway.

Sure, you want to believe that the economy is going to turn around and the value of your home will again rise to what you paid for it. After all, hasn’t listening to a fairy tale been a surefire way to fall asleep?

From the lender’s standpoint, the only reason to write down a loan balance is that it will reduce the chance that you will default. And evidence has shown that people who are heavily underwater — that’s deep in negative equity territory — are more likely to default than those who aren’t. Truth is, negative equity discourages people from making their mortgage payments. They figure: Why keep throwing good money after bad?

4. Banks are short-staffed and the staff they do have is untrained.

Most interactions between mortgage borrowers and servicers are handled by computers or relatively unskilled employees, says Guttentag. Borrowers in serious trouble are referred to a smaller number of more skilled and specialized employees, but until you enter the red zone, you are likely to encounter frustration.

Guttentag says that at the onset of the mortgage crisis, servicers were caught short-handed and the sheer volume of foreclosures in the pipeline hasn’t allowed them to catch their breath.

5. Mortgage insurance works against you.

When mortgages carrying mortgage insurance go to foreclosure, banks are protected up to the maximum coverage of the policy, which generally is enough to cover all or most of the loss. This discourages modifications, says Guttentag. Why would a bank do a modification for $15,000 if the $40,000 foreclosure cost is going to be paid by the mortgage insurer? Even if the insurance coverage falls short of the foreclosure cost, the shortfall has to exceed the modification cost before modification becomes financially more attractive.

So there you have it. A five-point plan for keeping homeowners on the hook for that hefty loan balance.

Information provided courtesy Jack Guttentag, the Mortgage Professor and Inman columnist.

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Different Types of Short Sales

With distressed properties still accounting for almost 30% of all sales in our area, Short Sales have continued to be a viable option for homeowners. I know it’s hard to believe, but Short Sales have become faster and easier to complete than ever before. One of the major changes to the process has been the introduction of “proactive” Short Sales.

Traditionally, Short Sales were “reactive” in nature. This meant the homeowner would initiate the Short Sale process with an Agent who would then begin to solicit offers on the property. Once an offer was received, the Servicer would begin the process to determine if the homeowner was eligible to short sell their home.

“Proactive” Short Sales begin with the Servicer working to determine if the homeowner is eligible for a Short Sale, and then reaching out to notify the homeowner that they are eligible. If the homeowner agrees to proceed with the Short Sale process, the Servicer then determines the acceptable sales price.”Proactive” Short Sales greatly reduce approval timelines, improve communication, reduce foreclosure rates, reduce loss severity and create faster sales.It’s really a “win-win” for everyone involved.

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Nationstar Mortgage Now Using Equator!

Another lender has jumped on board with Equator! Nationstar Mortgage is the latest company to join Bank of America and Wells Fargo in accepting online short sale submissions.

Equator makes it much easier to process the short sale and keeps all the documents in a library so they are easy to access for the Real Estate Agent and the Lender. All correspondence is documented and overall is a HUGE improvement to the old way of faxing in the information and it getting lost all the time. I actually love working with Equator.

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