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Finally - New Short Sale Guidelines Kick In...

By
Education & Training with Road to Wealth, Inc.

short sale sign On the front page of this Sunday's Palm Beach Post was an article about foreclosures in South Florida and how homeowners are making "business decisions" to walk away from their properties rather than keep making mortgage payments on homes that have lost HALF of their value. Although this may not be the "right" thing to do, homeowners are concerned about being in the same predicament when they sell their homes 10 years later.

It's a crying shame that government's so-called "Home Affordable Program" is such a failure ... as of the end of December only 2% - 66,465 (that's NATIONWIDE) of the homes in default for 60 days or more had been given permanent loan modifications. Banks are stringing sellers along - even to the point of filing foreclosure notices during the "loan modification" period!

As you know, banks are using all kinds of delaying tactics NOT to approve short sales presented to them. Well, that's about to change with the Treasury's Department NEW Short Sale Guidelines. Here's a brief summary of those guidelines ...

1. Lenders will now have to respond to short sale requests in 10 days. No longer will they be able to sit on the offer for months.

2. Sellers will no longer have to worry about repayment of the mortgage debt because they will be released from that liability.

3. Sellers will be be able to receive a "relocation incentive" of $1,500. This amount will be deducted from gross sale proceeds at the time of closing.

4. Lenders will receive $1,000 to cover their admin and processing costs for either a short sale or a deed in lieu.

5. Only agents doing REGULAR business where the property is located will be able to list the home.

6. GOOD NEWS FOR YOU! Lenders will NOT be able to require agents to reduce their commission in order to get approval for the short sale.

7. Subordinate lien holders will be paid up to $3,000 when the property sells via a short sale.

Due to rising unemployment and the millions of ARM loans that are going to reset next year, we could be in for ANOTHER glut of properties in trouble next year. These new guidelines should assist you in helping homeowners by closing the short sales instead of forcing them to go through foreclosure. And the banks won't be able to beat you up for your commission ... it's about time!

Hope this helps you close those short sales that have been in your file for MONTHS!!! It's time for the seller to move on and for YOU to be PAID for your hard work!

Arlene Paukert
"Mrs. Real Estate"

Road to Wealth Inc.
Phone: 561-883-2222
E-Mail: Mrs. Real Estate


P.S. If you haven't already done so, sign up for our FREE 7-day training e-course for Realtors ... Whether you are a" rookie" or a seasoned professional you'll find ideas you can use. Sign up at MrRealEst8.com

Diane Osowiecki
Diane O and Friends - Benchmark Realty - Franklin, TN
Greater Nashville Real Estate

Great post. I am afraid that the lenders will find a loop hole in 1. Lenders will now have to respond to short sale requests in 10 days. The request for a short sale is step one then it is ok to list as short sale and then you get the offers.  I hope this makes it easier, the lenders are the ones who helped create this mess and they are really dragging their feet to clean it up.  Of course that are running to get their bonuses.  When was the last time you failed and were rewarded????

Jan 18, 2010 11:55 PM
Associate Broker Falmouth MA Cape Cod Heath Coker
https://teamcoker.robertpaul.com - Falmouth, MA
Heath Coker Berkshire Hathaway HS Robert Paul Prop

It is still going to be a long process to get out of this economy.

Jan 19, 2010 12:01 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I find that no matter what the second mortgage is offered and what they will accept are two very different things. I've seen many be offered $5000 and then say they won't accept less than $7500. We will see how this goes as I just put an offer for a buyer in yesterday on a short sale.

Jan 19, 2010 12:12 AM
Marilyn Harrell
Better Homes and Acres - Beaverton, MI
Wixom Lake - Beaverton MI

Interesting information and only time can tell some things!

Jan 19, 2010 12:52 AM
Tom Boos
Sine & Monaghan Realtors, Real Living - Grosse Pointe Farms, MI
Providing the very best of service to Sellers and

I'll believe it when I see it.  Treasury's directives sound good, but I really don't think the Lenders are up to the challenge.

Jan 19, 2010 12:52 AM
George & Arlene Paukert
Road to Wealth, Inc. - West Palm Beach, FL

Hi Diane, 

I agree that only time will tell, but at least it's a first step.  Instead of letting the short sale requests sit on their desks for weeks - or even months - they now have a time frame to adhere to.  I also agree with your question about being rewarded for failure ... I didn't agree with bailing out the banks that were "too big to fail."  Unfortunately the government thought otherwise.  We'll see what happens.

Hello Heath,

Yes, it will take a long time to get our economy back on its feet.  Short sales (and foreclosures) aren't the definitive answer.  The lenders need to modify the balances so sellers don't get caught up in the same situation a few years down the road.

Hi Todd,

Second mortgages are always a problem.  The lenders aren't compelled to agree, but at least it's in the directive. 

Hi Marilyn,

I agree - only time will tell.  Hopefully the lenders will see the light before the next wave of ARMs reset.

Hi Tom,

I think you're right when it comes to the larger lenders.  Sometimes it's easier to work with the smaller ones.  I have a friend who is trying to do a loan mod with B of A and she is getting a run around like you wouldn't believe.  She's not behind on payments, but her income isn't as high as it had been.  I have another friend who also was not behind on payments but his loan was with a small lender (can't remember the name) and in four months they not only had a 50% lower payment, but the bank dropped the balance to market value.  So, there is hope.

 

Jan 19, 2010 02:36 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

It is predicted that over 3 million homes will be foreclosed upon on 2010. There is no end in sight.

Jan 19, 2010 09:43 PM