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The Difference between Shrewed and Screwed

By
Real Estate Broker/Owner with St.Cloud Homes

screws  Fixture is anything that is glued, screwed or permanently placed in a home making it an integral part of that home. Like bookcases for example.  Sellers who before or during the boom era thought they were shrewed to refinance, pull out equity established in a market on the rise, and use that money for other purposes. Some for recreation, some invested in second properties, travel, new cars, or a gambit of other non essential expenditures. Some just plain blew it. The not so funny thing about life is it can change at any time. Through any series of events culminating into a total eclipse of financial security. A health problem could arise suddenly, a serious traffic accident, a business gone sour, or just plain bad judgements. Once you fall behind you have only a limited time in which to make up the short fall before it has a cataclysmic effect.

Interest rates can jump to well over 18% on a fixed rate mortgage...other fees and penalties may apply. Some lenders are more cooperative than others. The larger the company, generally the less unyielding they will be.  Who really feels the brunt of it? The homeowners often feel the institution (bank) will take the hit and move on. The lawyers certainly are not going to waive their fees, the buyer if there is one is not going to cover the shortage, and certainly the title company isn't going to say "Hey it's free", the Realtor you hired to sell it before it went into foreclosure could however get the most seriously burned in an eleventh hour attempt to save your credit rating from a looming foreclosure. In Osceola County for example 1/274 homes is in some form of Foreclosure.

If a creditable Realtortakes the house as a listing, it is not unreasonable given the high rate of  Lis Pendens, a pending lawsuit. With a record number of actions being filed Nationwide,to do a basic title search. It is a sound investment of limited liability, should the property prove to be so weighted down by debt that there will not be sufficient funds to pay a Realty commission.

Investing in a basic Title search could cost under a $100 for piece of mind. Less than most virtual tours cost to produce in the end, it could be the best investment for the future health of the transaction and your business.

Brad Alley,a Real Estate lawyer in Winter Park Florida offered the following advise. He said "It is the best investment a Realtor can make to insure he will get paid for the work involved in procuring a sale of a property that may seem questionable."  Good advise.

Since a Realtor is a "fixture" (Integral part)  in the transaction process, either in representing the seller or the buyer, the fee, is part of the agreement, a consideration for time effort and energy in Procuring a Sale.

But what if... the contract in the end after discovery has revealed that while not a short sale at the time the offer was made and accepted, signed and compensated, it became a short sale once the banks added onto the loan payoff amount, additional interest, legal fees, late fees surcharges and assorted other fat? They are unwilling to work the short sale they have just created with the addition of $30,000-40,000 in junk fees.  Loss Mitigation Experts, have said If we were  to  foreclose-we are in first position not our problem" It is a problem folks. A big problem.  Especially for the Realtor who is trying to close the sale before that happens.

You don't want to get one of these at the closing table!     screwed

Posted by

St.Cloud Homes

Allison Stewart Broker, SFR, CDPE 

407-616-9904www.kissimmee-stcloudflhomes.com

                                                                                                       

    St. Cloud Homes YOUR Local Real Estate Experts serving Home Buyers/Sellers in Kissimee, St. Cloud Fl, Harmony, Lake Nona, Anthem Park, Bay Lake Ranch, Lake Lizzie, Reunion, Celebration, Lakepointe, Steven Plantation, Acadia Estates, East Lake, Windermere, Bay Hill. Our unparalleled service begins with YOU.

   For a free consultation call us 407-616-9904 or visit our website or  email us

Comments(25)

Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Thaks Bryant

I have this nasty habit of eatting which means I need to get paid. Turning a small margin into a Free bee is not going to work for me. Even with a prelim...I have seen lenders smelling the "scent of money" inflate the payoff simply because they think they can. Creating a short sale and no commission for the agents. There needs to be a law against this! I had one who filed a judgement for 208K at time of closing they boosted the payoff to 214K-after sending them the petition they filed with the court amazingly, it got reduced freeing up 5K for the commission. Amazing huh?  Now to get the primary lender to do the same and it will a feast!

May 01, 2007 11:26 PM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Thanks Ron

Thank you for reminding I eed to subscribe which I did.  We are getting into the Ugly of Real Estate now. This will be a precarious time for Realtors especially those who are afraid to ask for their commission. Banks will pay them, just as they do when the property forecloses and they job out the properties to specific brokers...they pay them to sell the property-if you save them the hassle of foreclosing yu may have to fight to get paid but persistence does pay off in the end.

May 01, 2007 11:28 PM
Steven Shewell
Primary Residential Mortgage, Inc. - Ephrata, PA
The Mortgage Maverick

It pays to do your homework with your listings.  I can't tell you how many homes I have financed that the listing agent had no idea how much the seller really owed.  Last year, I did one in which the seller owed MORE than the sale price and the listing agent had no idea!

It took me a month to get the short sale approved to close the loan.  If only they had been a true professional and done their homework.

May 01, 2007 11:51 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation
Cute graphic, perfect for this posting!
May 02, 2007 12:22 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904
Steven you are right- I guess the problem is certain lenders are boosting the fees at the last minute-which means even when you have done your homework, there is a chance, if the property falls in arrears that you may not get paid. They will add charges even after the court petition for "final judgement" has been filed with the court. It is a warning to check and follow through continuously, as the payoff figures, can change even the day of closing!  Thank you for adding your comment.
May 02, 2007 12:27 AM
Chris Griffith
Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL
Bonita Springs Listing Specialist - Agent
Raise your hand if you have bought curtain rods...  :)  Why do people strip houses when they leave.  One of the agents in my office had all of the kitchen knobs taken out.  A whole different set of screws that lead to getting screwed.
May 02, 2007 12:41 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904
Oooh oooh I know, I know, I know, pick me... Because they can? Curtain rods, drawer knobs, blinds,sleves in the garage which were built in,  even shower curtains which exactly match the wall border... got to love it! Be specific take pictures, write everything down! But the financials....well that is where it gets tricky. I am told by local Title companies that more and more banks are adding fees at the last minute. Are we having fun yet?
May 02, 2007 12:47 AM
Jay Burnham
Coldwell Banker - Beverly, MA
The Coldwell Banker Guy

Allison...We were just talking about short sales at our office meeting yesterday so your blog was very appropriately timed.  Thanks!

...Jay

May 02, 2007 01:03 AM
Eric Carlsen
The Scene Lab - New York, NY
As a service provider for RE pros, I find these type of details very enlightening. This is the side, that I am not exposed to on a day-to-day basis.
May 02, 2007 01:14 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Jay

I hope it helps. Hard to say what different lenders will do when people fall behind. Center State was wonderful-worked with us and I cannot say enough nice things about them.  As for the other one....no comment.

May 02, 2007 08:13 AM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
Hmmm....I never thought of that. With foreclosures, it may be a good idea to get check before you leap. You can never tell.
May 02, 2007 12:31 PM
Ryan Hukill - Edmond
405home @ ERA Courtyard - Edmond, OK
Realtor, Team Lead
Great suggestions for all of us to take into consideration, especially in today's market. Thanks for bringing it to the forefront. Nice post!
May 02, 2007 06:12 PM
Robert Hammerstein -
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Hi Allison,

Another great post with good sound advise.  The challenging market we're in can bring out the worst in some.  Thanks for sharing.  Love the title!!!!  Very clever!

May 04, 2007 12:47 PM
Toronto's 2 Hounds Design: Decorating + Staging
2 Hounds Design + Home Staging - Toronto, ON
Allison, great post!
May 07, 2007 01:52 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645
One of the things I do in advance of meeting the sellers is pull their tax records.  The mortgages are recorded there in our area.  That will give me a clue if there is a possible upside down situation even before I meet them.
May 07, 2007 06:39 PM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904
Thanks Randy Yes good addition. But beware of the late payments, non payments, and other hidden costs. Especially if the owner has not mentioned they are in arrears. One lender had a loan for $536,000 at closing we requested the payoff it was OVER  $578,000   the smell of money (it was loaded with junk fees)and they waited nearly 5 days to provide the title company with the payoff racking up interested daily. A new ploy to beware of.
May 15, 2007 02:40 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Thanks Lisa & Robert

Do be careful out there.  The new ploy on preforeclosures is for thebank not to return phone calls for days while charging interest-on a short sale that difference will come out of any commision you may be due. There is one huge outfit practicing this type of policy which is very deterimental.  Yes, they do want the houses to foreclose!

May 15, 2007 02:43 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

Hey Ryan

Some banks are great particularly the local ones, but the bigger ones WATCH OUT>

May 15, 2007 02:44 AM
Anonymous
Brad Alley
Allison and other florida folks fla statute 701.04 requires the bank to provide payoff info within 10 days if requested in writing by borrower, this statute allows for attorneys fees if they fail to comply and gives some teeth to clarifyinying what is the correct payoff. Good luck Brad
May 22, 2007 08:32 AM
#24
Anonymous
Anonymous
Thank you Brad! - this is the real deal folks- Brad knows his stuff. I appreciate the chime in an offical word from you Brad.  You the best!
May 22, 2007 11:34 AM
#25