Will lenders consider a short sale when the seller isn’t in default? | South Jersey Short Sale Attorney

Contact Mr. Schroeder if you are facing possible foreclosure action against your home or are considering a short sale. Real Estate agents cannot advise you of the legalities regarding entering a contract to sell real estate. Protect your rights by speaking to a real estate attorney.

Will lenders consider a short sale when the seller isn’t in default?

Posted by on Jul 11, 2011 in General Information, Short Sale Process | 1 comment

Will lenders consider a short sale when the seller isn’t in default?

The answer is they should and often do. All a lender should require in order to consider a short sale under the current law is that a homeowner is distressed or has experienced a hardship. A well written hardship letter should be sufficient to begin the process coupled with an authorization for an attorney to negotiate on your behalf.
Sometimes lenders drag their feet or even turn down homeowners who need to get out because they have stayed current up to this point on their mortgage. Doesn’t make sense, does it? You tighten your belt and do the right thing to keep paying and you penalized for it.
My advise is to contract with an attorney, write the hardship letter and provide some basic financial information for your attorney to present to the lender. Your attorney should be able to start the short sale on your behalf and assist you with hiring the right real estate agent once the initial work is done.
DO NOT STOP PAYING YOUR MORTGAGE. This can create a whole host of different problems. If you can stay current, do so. Also be aware of any real estate agent or attorney that tells you to stop paying your mortgage. It is unethical to give that advise, you have a contract with the lender and must perform on your promises unless or until the contract is modified or satisfied.


The information posted on this blog is intended for educational purposes and does not create an attorney client relationship. Please call Mr. Schroeder if you own or want to own property in the seven southern counties of New Jersey. Mr. Schroeder holds a license to practice law and a real estate license in New Jersey. He also is licensed to practice law in the District of Columbia but does not engage in any real estate work in the District.

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Why They Are Saying to Buy A Home Now

by The KCM Crew on June 14, 2011

 

Despite what appears to be a non-stop wave of tough news regarding real estate, four major media players have co

 

me out this month with the same advice: It Is Time to Buy a Home! Here are the four articles and a breakdown as to why the advice makes sense.

The Wall Street Journal: Why It’s Time to Buy  

CBS Money Watch: Why the Time to Buy is Now

Forbes Magazine: 9 Reasons to Buy a House Now

National Public Radio: For Many, It’s Still a Good Time to Buy a Home

With prices continuing to depreciate in most regions of the country, some may wonder why these four entities are suggesting to their readership that now is the time to buy. Each organization realizes that PRICE is not as important as COST. The cost of a home can go up even if prices continue to fall. Unless you are an all cash buyer, you must take into consideration the expense of mortgaging when calculating the full cost of a home. Here is some information to consider.

Interest Rates

Currently, interest rates sit at historic lows. However, Fannie Mae, Freddie Mac, PMI and the National Association of Realtors are all projecting approximately a 1% increase in mortgage rates over the next year. A one percent increase in rate negates a ten percent fall in prices.

Lending Standards

The government has proposed a tightening of lending standards called Quality Residential Mortgage (QRM). If accepted as proposed two things will happen:

  1. The qualification process for loans will become more difficult
  2. The cost of a loan will increase

Bottom Line

There is a reason more and more financial organizations are suggesting to their followers that now is the time to buy a home: because the cost of purchasing a home is about to increase (even if prices continue to fall).

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Shiller sees scope for further home price declines up to 25%

Thursday, June 9th, 2011, 10:50 am

While other people expect home prices to bounce along the bottom for a while without going up much, Robert Shiller is inclined to be more pessimistic.

There is room for home prices to decline another 10% to 25% in real terms over the next five years, according to Shiller.

Speaking at a Standard & Poor’s Housing Summit in New York on Thursday, the Yale University professor and co-founder of the S&P Case-Shiller Home Price Indices, noted that the current downturn is the biggest ever in U.S. history in terms of the peak to trough housing price collapse.

After adjusting for inflation, home prices were not down so much even during the Great Depression, according to Shiller.

About half of all mortgage debt was in default during the Great Depression, according to HousingWire research. By 1932, national unemployment reached up to 25% according to the Kansas Department of Labor. The Federal Deposit Insurance Corp. estimates about 9,000 banks suspended operations, resulting in losses to depositors of about $1.3 billion. Annual mortgage lending fell 80% and new residential construction had dropped by 80% as well.

The National Association of Home Builders’ traffic of prospective buyers index peaked in 2005, two or three years before the financial collapse.

After that, “It seems like someone blew a whistle that only dogs and homebuyers could hear,” which led the index to drop from there.

Going by the S&P Home Price Indices, the downturn bottomed out in 2009, as the effects of the government tax credit started to be felt, but the index is likely to confirm a double dip in home prices next month, according to Shiller.

Part of the downturn is seasonal and the index could turn back up again in the summer months.

As Shiller sees it, the economy is at a tipping point, with the unemployment rate and housing showing declines again, which might suggest another recession.

Poonka Thangavelu is a HousingWire contributor based in New York.

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Home Prices: Even More Confusion

Confusion4

KCM Crew on June 10, 2011

We attempt to keep you abreast of the housing market. When will demand for housing return to historic averages? What impact will foreclosures continue to have? Where are interest rates headed? There are no simple answers to any of these questions. However, the most difficult question to answer seems to be: Where are home prices headed? Yesterday, we read two vastly different opinions on this issue.

Clear Capital claims prices seem to be stabilizing in their most recent Home Data Index Market Report.

“The latest Market Report results through May suggest that home prices are starting to ease back from the heavy declines seen over the winter. We are still far away from the strong demand needed to fully turn things around for the housing market; however, it is clear from the initial spring sales data that prices are softening, suggesting stabilization in the market.”

At the same time, Housing Wire reported that Robert Shiller, the Yale University professor and co-founder of the S&P Case-Shiller Home Price Indices, believes home prices still have a major correction ahead.

“While other people expect home prices to bounce along the bottom for a while without going up much, Robert Shiller is inclined to be more pessimistic.

There is room for home prices to decline another 10% to 25% in real terms over the next five years, according to Shiller.”

Bottom Line

As we said before, there are no easy answers to the tough questions facing the current housing market. We will try our best to keep you abreast of what reputable sources are reporting and at the same time try to explain the indicators they use to formulate their opinions.

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Administration finds Bank of America, J.P. Morgan Chase, Ocwen Loan Servicing, Wells Fargo in Need of Substantial Improvement under Making Home Affordable Program; Begins Withholding Financial Incentives for Three Servicers

WASHINGTON- The U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of the Treasury today released the May edition of the Obama Administration’s Housing Scorecard. New to this month’s report are detailed assessments for the 10 largest mortgage servicers participating in the Administration’s Making Home Affordable Program, setting a new industry benchmark for disclosure on servicer assistance to struggling homeowners. In addition to providing greater transparency about servicer performance in the program, the new assessments are intended to prompt mortgage servicers to correct identified deficiencies to improve program implementation and more effectively reach eligible homeowners. 

“While we continue to get tens of thousands of new homeowners into mortgage modifications each month, we need servicers to step up their performance to meet the needs of those still struggling,” said acting Treasury Assistant Secretary for Financial Stability Tim Massad. “These assessments set a new benchmark by providing an unprecedented level of disclosure around servicer performance and will serve to keep the pressure on servicers to more effectively assist struggling families.” 

Since the inception of the Making Home Affordable Program, Treasury has required participating servicers to take specific actions to improve their servicing processes.  The new Servicer Assessments summarize performance for the 10 largest Making Home Affordable participating servicers from reviews largely conducted throughout the first quarter of 2011 on three categories of program implementation: identifying and contacting homeowners; homeowner evaluation and assistance; and program reporting, management and governance.  Based on the reviews for this quarter, four servicers have been identified as needing substantial improvement and six servicers have been identified as needing moderate improvement.  The servicers identified as in need of substantial improvement are: 

  • Bank of America, NA;
  • J.P. Morgan Chase Bank, N.A.;
  • Ocwen Loan Servicing, LLC; and
  • Wells Fargo Bank, N.A.

The full bulletin can be viewed at:

HUD Scorecard Bulletin

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