jump to navigation

NO ONE WAS HURT – THIS TIME August 30, 2009

Posted by Sue in Ask The Broker.
Tags: , ,
5 comments

Goddard Offers Foreclosure Workbook August 25, 2009

Posted by Sue in Ask The Broker.
1 comment so far

AZ Attorney General Goddard tells lenders to ease up in Arizona Republic article today:  “Foreclosures are devastating families and communities across Arizona and America.”  Billions of dollars of payment-option adjustable-rate mortgages (ARMs) were originated in Arizona, particularly near the end of the housing bubble. These loans allowed many consumers to buy homes and make a minimum payment that is only a fraction of the interest due on the mortgage. More than 120,000 payment-option ARMS are expected to reset in Arizona in the next 12 months. According to experts, a large percentage of payment-option ARMs could default once the reset is made. 

http://play.goldmail.com/agns1q4rwf75

Refi 125% LTV Could Help Homeowners Stay July 26, 2009

Posted by Sue in Ask The Broker.
add a comment

Maximum LTV for Obama Administration’s Refi Program Increases to 125 Percent
On July 1, 2009, Federal House Finance Agency (FHFA) Director James Lockhart joined Treasury Secretary Timothy Geithner and HUD Secretary Shaun Donovan in announcing a major expansion of the Obama Administration’s Home Affordable Refinance Program for Fannie Mae and Freddie Mac loans. The change will allow current borrowers with loan-to-value (LTV) ratios of more than 80 percent up to 125 percent (formerly 105 percent) to qualify if they meet other program requirements. This significantly expands eligibility for the program which allows borrowers to lock in today’s lower rates or move into a fixed rate product. Higher fees will apply to loans with LTVs above 105 percent, but the program includes lower fees for borrowers who opt for a 20-year or 25-year term, to build equity faster and reduce interest payments over the life of the loan. The easiest way for borrowers to find out if they have a Fannie Mae or Freddie Mac loan is to go to www.MakingHomeAffordable.gov and click on "loan look up."
FHFA Announcement (with Refinancing Example)
Fannie Mae Announcement 09-23
Fannie Mae FAQs
Freddie Mac Press Release

Closing Delays Likely? July 26, 2009

Posted by Sue in Ask The Broker.
add a comment

One and ALL: Be prepared for potential delays in closings, this from AAR

 Lenders will be subject to new disclosure requirements for mortgage loans under the Federal Reserve Board Truth in Lending Regulation (Reg Z). The new requirements apply to loan applications filed on or after July 30, 2009 (about two months earlier than originally planned). The new rules are complex and compliance will be a challenge for lenders. REALTORS® will want to learn the basics so they can advise clients of potential delays and the new procedures. Here are key highlights of the changes:

  • The new requirements apply to all mortgages secured by a borrower’s home, including primary and second homes and refinancings. Investor loans continue to be exempt.
  • Lenders must give good faith estimates of mortgage loan costs within 3 business days after the consumer applies for a loan (early disclosure). The lender may not collect any fees before the disclosure is provided, except for a reasonable fee for obtaining a credit report.
  • The closing may not take place until expiration of a 7 day waiting period after the consumer receives the early disclosure.
  • Consumers may waive the waiting periods for a “bonafide personal financial emergency.” In the preamble to the final rule, the Fed stated that it “believes waivers should not be used routinely to expedite consummation for reasons of convenience.” The Fed also refused to insulate lenders from liability even though the consumer requests the waiver.
  • If the annual percentage rate (APR) changes by more than 0.125 percent, the lender must provide a corrected disclosure to the borrower and wait an additional 3 business days before closing the loan.
    The APR includes not only the interest rate on the loan but certain other costs related to settlement, so it will be important for any fees that affect the APR to be as accurate as possible, as early as possible, to minimize the need for a corrected TILA disclosure.
  • The consumer may modify or waive both waiting periods for a documented personal financial emergency, but must receive the disclosures no later than the time of the modification or waiver.

Federal Reserve Board Final Rule and Staff Commentary (Federal Register, May 19, 2009)
Wells Fargo Website with Its Advice on the New TILA Requirements
Mortgage Bankers Association Summary of New Requirements  

 

Tenants Protected by Leases on Foreclosed Homes July 20, 2009

Posted by Sue in Ask The Broker.
1 comment so far
Download now or preview on posterous

Protecting Tenants at Foreclosure Act of 2009.pdf (14 KB)

Protecting Tenants at Foreclosure Act of 2009

Please see attached PDF:  On May 20, 2009, the legislation referred to as "Protecting Tenants at Foreclosure Act of 2009” came into effect and provides tenants with leases the ability to remain in a foreclosed property at least until the end of the lease, and month-to-month tenants are entitled to 90 days’ notice before having to move, for all federally related loan foreclosures of residential property. An exception was made for the buyer who intends to live in the property who may terminate a lease with a 90 day notice.

Prior to May 20, 2009, most tenants were forced out of the property upon foreclosure. In Arizona, if the loan was recorded before the lease was signed the foreclosure would wipe out the lease.  As of May 20th, leases survive the foreclosure, therefore allowing the tenant to occupy the property until the end of the lease period and month-to-month tenants are entitled to a 90 notice.  The new rule applies to Section 8 tenants as well.

New Buyer Advisory, May 2009 for Arizona May 18, 2009

Posted by Sue in Ask The Broker.
add a comment

The Arizona Association of Realtors announces the latest version of the Buyer’s Advisory.  Here is the link directly to the multi-page document.  There are several informative websites linked inside the document that are a MUST READ for any buyer of real estate in the State of Arizona: www.aaronline.com/documents/buy_advis.pdf

More Talking Points: Avoiding Foreclosure September 9, 2007

Posted by Sue in Ask The Broker.
add a comment

Homeowners may be seeking avenues to pursue if they believe they will be unable to make their loan payment.  Following is an excerpt from a recent article in the Wall Street Journal with helpful tips and additional resources including advice from HUD and a new FHA program to help borrowers transfer out of high-cost loans: FHASecure Plan.

What People Can Do If Foreclosure Looms

As Mortgage Woes Mount, Squeezed Homeowners Have Options To Try to Avoid the Worst — From Counseling to the Courtroom By AMIR EFRATI September 6, 2007; Page D1 For Full Article: http://online.wsj.com/article/SB118903997029818836.html  As mortgage woes spread, what’s a nervous borrower to do? Mike Wilt, who lives in Uniontown, Ohio, is trying to figure that out. Mr. Wilt, a marketing director for a communications firm, is current on his $180,000 adjustable-rate mortgage — the home’s price when he paid for it. But he says he may soon start to fall behind, as he’s been notified that his interest rate jumped to 11.5% from 8.5% in September, which will cost him an extra $400 a month.When he tried to refinance back in March, Mr. Wilt was turned down for a loan with better terms because of his credit score; not even his boss’s friends from a local bank could help. “The rules that got me into the original mortgage had changed,” says the 31-year-old, referring to what he perceives as tougher lending standards. FIGHTING BACK  Tips for homeowners who are facing default: Call your loan servicer. Ask for the “loss-mitigation” or “work-out” department and try to modify the loan terms. Talk to a housing counselor. Many work free of charge and can negotiate with the servicer on your behalf. Contact a lawyer. If you were misled or not fully informed by a broker about the terms of the loan, it might be rescindable. You may also be entitled to damages.            ——————-Call the servicer. If you fear you can’t make your payments, industry experts say, call the company that takes your loan payments, called the mortgage “servicer,” to try to improve your situation. That could mean asking for more time to pay back the loan, getting a lower rate or switching from an adjustable rate to a fixed one.Servicers are often allowed by the agreements governing loans to renegotiate terms, a process known as a “work-out” or “loss mitigation.” In recent months, with property values declining in many markets, some companies are showing more of a willingness to work out an arrangement with struggling borrowers, according to housing counselors. Larry Litton Jr., chief executive of Litton Loan Servicing, which services 370,000 mortgage loans nationwide, says the company did 1,400 modifications in August, up from 500 the previous August.Talk to a housing counselor. Counselors communicate with servicers on behalf of borrowers and can give advice on how to delay foreclosure. They are available in many cities, and their services often are free.           ———————-READER RESOURCES  Tips on how to avoid foreclosure: Dept. of Housing and Urban Development1 | Freddie Mac2 State-specific foreclosure information3 Find lawyers who do mortgage-lending abuse cases4The Department of Housing and Urban Development’s Web site, www.hud.gov5, has a nationwide directory of counseling agencies.Beware of “foreclosure rescue” scams. Federal and state prosecutors are investigating companies that offer temporary refinancing schemes in which borrowers get to stay in the home but go deeper into debt because the payments to the “rescuer” are higher than their mortgage payments.Additional information from HUD.gov website:Avoid foreclosure prevention companies.
Many for-profit companies will contact you promising to negotiate a loan work out with your lender. While these may be legitimate businesses, they will charge you a hefty fee (often two or three month’s mortgage payment) for information and services your lender or a HUD approved housing counselor will provide for free if you contact them. You don’t need to pay fees for foreclosure prevention help-use that money to pay the mortgage instead.
Don’t lose your house to foreclosure recovery scams!
If any firm claims they can stop your foreclosure immediately if you sign a document appointing them to act on your behalf, you may well be signing over the title to your property and becoming a renter in your own home! Never sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a HUD approved housing counselor or trusted real estate professional.

From FHA, the New FHASecure Plan:Under the new FHASecure plan, FHA will allow families with strong credit histories who had been making timely mortgage payments before their loans reset-but are now in default-to qualify for refinancing.FHASecure is designed for families who are good borrowers but were steered into high-cost loans with teaser rates,” said Assistant Secretary for Housing-FHA Commissioner Brian Montgomery. To qualify for FHASecure, eligible homeowners must meet the following five criteria:1.       A history of on-time mortgage payments before the borrower’s teaser rates expired and loans reset; 2.       Interest rates must have or will reset between June 2005 and December 2009; 3.       Three percent cash or equity in the home; 4.       A sustained history of employment; and 5.       Sufficient income to make the mortgage payment.  For more details:  http://www.fha.gov/press/2007-08-31release.cfm 

Current Market Conditions: Talking Points about the Credit Crunch September 1, 2007

Posted by Sue in Ask The Broker, Real Estate.
1 comment so far

Buyers may ask: Is there any money?  Can I still get a loan?

“Yes, there is still a sound market for home loans, however, the criteria for qualifying for these loans has tightened somewhat.  With good credit and a reasonable down payment, you should be able to find a good loan. As we discussed, you will need verification that you have been pre-qualified to submit along with your offer.  You should speak with your bank or I would be glad to suggest several lenders with whom you can speak.” Buyers may ask:  Is this the right time to buy? “Yes, as we are in a Buyers market right now.  The inventory of homes that have been on the market for longer periods than expected has created Sellers that are ready to negotiate.  Don’t get me wrong, this is not a fire sale market, but one where both parties can usually come to a reasonable agreement on the purchase price.”  “Yes.  Most Sellers in this market are motivated to sell, not just to see how high a price they can get, as sometimes happens in a Sellers market.” Sellers may ask:  Is there any money? Are there any Buyers left? “Yes, there is still a sound market for home loans, however, the criteria for qualifying for loans has tightened somewhat.  This is advantageous to you, as potential Buyers looking at your home will likely be better qualified and able to complete the closing of the escrow.”  “There is a Buyer for every property.  “We need to outshine the competition in price and condition to attract the most Buyers possible”

  •  Sellers may ask:  What should we be doing to sell our house with these economic conditions?

“With the information that I have provided to you about the current market, you should price your home accordingly and fairly.  You don’t have to give it away, just be within the fair market range.  Next, realizing how many other homes are competing with you, prepare your home to be the Buyer’s choice.  I will be glad to assist you with ideas of how to accomplish this.”“Let’s make sure it is priced ahead of the “slide”, not caught chasing any potential fall.”  “You must be very competitive about price and the property must show better than its competition.”

  •  Everyone may ask:  What does the Credit Crunch mean for Tucson and Southern Arizona?

8/31/07 from azstarnet.com:  “Tucson home prices dropped 0.07 percent in the second quarter. And the normally booming Arizona housing market is so cold that prices could not even keep pace with the national average, which actually went up a tenth of a percent in the same period. And that figure was the smallest hike since 1994. Put in real dollars, that decline means a home that was valued at $200,000 three months earlier now is worth $580 less. “Now is the ideal time to buy because we are seeing prices lower than they have been in a long time,” said John Strobeck, owner of the Tucson based Bright Future Business Consultants. “They won’t stay as low as they are now. … I would say that within a year we will see prices inch back upward.”  … Strobeck said the decrease in prices makes perfect sense.“We see prices being pushed downward because demand is low,” he said. “It is low because everyone bought homes in 2005 and at that time, investors came into the market and pushed prices way up. What we are doing now is adjusting back to where we should be.” The statistics reflect how much the values of existing homes have gone up — or down. The agency tracks average price changes in repeat sales and refinancings of the same single family properties, using statistics from mortgage transactions. 

  • Some may ask:  What if we can’t make our mortgage payment?

8/31/07 from Real Trends:  “ Getting lenders to work with borrowers is the key for many programs out there. Most non-profits and government-run programs are not offering bailouts as much as they are looking to get borrowers who obtained their mortgages under terms they couldn’t meet into more affordable situations.” 8/31/07 from the Wall Street Journal:  “Mr. Paulson and HUD Secretary Alphonso Jackson have instructed their staffs to begin working with mortgage lenders and others to identify borrowers who are in danger of defaulting. They also are trying to work with private lenders and mortgage giants Fannie Mae and Freddie Mac to develop loans for borrowers who will likely face default if they can’t get more flexible terms. 8/31/07 from the Wall Street Journal: “President Bush, looking for ways to respond to the subprime-mortgage crisis, will outline a series of policy changes and recommendations today to help borrowers avoid default, senior administration officials said.  Among the moves will be an administrative change to allow the Federal Housing Administration, which insures mortgages for low- and middle-income borrowers, to guarantee loans for delinquent borrowers. The change is intended to help borrowers who are at least 90 days behind in payments but still living in their homes avoid foreclosure; the guarantees help homeowners by allowing them to refinance at more favorable rates. Mr. Bush also will ask Congress to suspend, for a limited period, an Internal Revenue Service provision that penalizes borrowers who refinance the terms of their mortgage to reduce the size of the loan or who lose their homes to foreclosure. And he will announce an initiative, to be led jointly by the Treasury and Housing and Urban Development departments, to identify people who are in danger of defaulting over the next two years and work with lenders, insurers and others to develop more favorable loan products for those borrowers.  President Bush, looking for ways to respond to the subprime-mortgage crisis, will outline a series of policy changes and recommendations today to help borrowers avoid default, senior administration officials said.  Among the moves will be an administrative change to allow the Federal Housing Administration, which insures mortgages for low- and middle-income borrowers, to guarantee loans for delinquent borrowers. The change is intended to help borrowers who are at least 90 days behind in payments but still living in their homes avoid foreclosure; the guarantees help homeowners by allowing them to refinance at more favorable rates.  Mr. Bush also will ask Congress to suspend, for a limited period, an Internal Revenue Service provision that penalizes borrowers who refinance the terms of their mortgage to reduce the size of the loan or who lose their homes to foreclosure. And he will announce an initiative, to be led jointly by the Treasury and Housing and Urban Development departments, to identify people who are in danger of defaulting over the next two years and work with lenders, insurers and others to develop more favorable loan products for those borrowers.” Keep the Dialogue Going…..

SELLERS SINGING OLD TUNE WITH NEW MEANING: “I can’t get no ….Satisfaction…” November 6, 2006

Posted by Sue in Ask The Broker, Real Estate.
4 comments

glass houseIt’s like listening to the old Keith Richards song in brokers’ offices all over town these days. Certainly this comes as no surprise to most of us, but sellers are UNHAPPY!  They’re developing DSS, Dissatisfied Seller Syndrome, and Brokers’ phones are ringing off their hooks.

 “What’s my agent doing!  There have been no showings, no open houses, no ads in the newspaper, no calls, no nothing!  I want OUT of this listing agreement,” … (more…)

Top Ten List to Grow? October 30, 2006

Posted by Sue in Ask The Broker.
add a comment

One of our readers has suggested we add “When All Else Fails” topic as #11 to the Top Ten Must Do list for motivated sellers in today’s market.  See comment to original post on this subject.  He laments, “… (more…)