Joe Capote

December 6, 2010 • 3:19 pm 0

Homeowners Beware: Foreclosure Rescue Scams

With the recent rise in foreclosures, foreclosure-related scams have exploded onto the real estate scene. These so-called “foreclosure rescue companies” claim they will help save your home, but in reality are out to make a profit – at your expense.

If you are at risk of or in foreclosure, here are some of the red flags to watch out for:

  • Asks for money upfront before providing any service.
  • Instructs ou not to contact your lender, lawyer, housing counselor, family, friends, or others.
  • Asks for mortgage payments to be made directly to his or her company or a bank account set up by that person rather than your lender.
  • Requires payment only in the form of cash, cashier’s check or wire transfer.
  • Promises to stop the foreclosure process, no matter what the circumstances.
  • Advises you to transfer your property deed or title to his or her company.
  • Offers to fill out paperwork for you.
  • Encourages you to lease your house and back it back over time.
  • Asks for something to be done immediately and without delay. This includes pressuring you into signing paperwork that you have not had to read thoroughly or not not fully understand.
  • Offers to buy your house for a fixed price that is not set by the housing market at the time of sale.
  • Asks for you to give a power of attorney.
  • Asks for signatures on a grant deed or deed of trust.
  • Asks for signatures on a document that has lines left blank.
  • Fails to provide copies of signed documents.
  • Refuses or fails to put an oral promise in writing.

Report Fraud

If you have been a victim of a foreclosure-related scam or approached by a scam artist, you may report the incident to the following organizations and government enforcement agencies:

For even more information regarding foreclosure rescue scams and foreclosure avoidance, contact me or visit my website at www.JosephCapote.com.

Filed under: Buyer's Blog, Foreclosure Avoidance, Seller's Blog, , ,

November 29, 2010 • 3:30 pm 0

What is HAFA?

WHAT IS HAFA?

The Home Affordable Foreclosure Alternatives (HAFA) Program is a government‐sponsored initiative overseen by the US Treasury Department and administered by Fannie Mae assisting all Home Affordable Modification Program (HAMP)‐eligible homeowners in avoiding foreclosure, specifically through short sales or deeds‐in‐lieu of foreclosure. HAFA was announced on November 30, 2009 in a HAMP Update titled Introducing the Home Affordable Foreclosure Alternatives Program.

 HAFA directs lenders to assist eligible homeowners in quickly and effectively implementing short sales or deeds‐in‐lieu by providing financial incentives to lenders that carry out foreclosure alternatives through the program’s guidelines set forth in Supplemental Directive 09‐09 Revised (revised March 26, 2010). The program was introduced in part with the intent to remove the stigma from short sales and help keep communities from being destroyed through massive foreclosures. HAFA in its current state is only applicable to conventional‐type, non‐Governmental Serviced Enterprises (non‐GSE) mortgages and therefore does not apply to loans owned or guaranteed by Fannie Mae or Freddie Mac. These organizations may have plans to release their own versions of HAFA.

 DETAILS OF HAFA

 HAFA was introduced to simplify and streamline the short sale process. HAFA accomplishes this in the following ways:

  • Compliments HAMP by providing viable alternatives for borrowers who are HAMP eligible
  • Uses standard processes, documents and timeframes
  • Provides financial incentives to borrowers, servicers and investors
  • Requires that borrowers be fully released from future liability for the debt
  • Utilizes borrower financial and hardship information collected in conjunction with HAMP, eliminating the need for additional eligibility analysis
  • Allows the borrower to receive pre‐approved short sale terms prior to the property listing
  • Prohibits the servicer from requiring, as a condition of approving the short sale, a reduction in the real estate commission agreed upon in the listing agreement

HAFA provides financial incentives as follows:

  • Homeowners qualify for $3,000 (updated March 26, 2010; was previously $1,500) in Borrower
  • Relocation Assistance after a short sale or deed‐in‐lieu has been completed (may classify as taxable income in some cases)
  • Financial incentives for servicers participating in the program include up to $1,500 (updated
  • March 26, 2010; was previously $1,000) servicing bonus upon completion of a short sale or deed‐in‐lieu
  • Financial incentives for investors include up to $2,000 (updated March 26, 2010; was previously
  • $1,000) for those who allow a total of up to $6,000 in short sale proceeds to be distributed to subordinate lien holders. This reimbursement will be earned on a one‐for‐three matching basis
  • Lenders pay all servicing fees — homeowners have no out‐of‐pocket expenses

For more information regarding foreclosure avoidance, please visit my foreclosure avoidance resources online or email me at JCapote@apr.com.

Filed under: Buyer's Blog, Foreclosure Avoidance, Seller's Blog, , ,

November 19, 2010 • 12:44 pm 0

Purchasing a Short Sale

According the the Mortage Bankers Association, one in seven borrowers nationwide is behind on their mortgage, or not making payments whatsoever. This has resulted in a glut of distressed properties on all markets nationwide. San Mateo County is certainly no different. The resulting distressed properties on the market, particularly short sales, can result in the purchase of a home at a good price. However, buying a short sale is more difficult than it sounds. Here are a couple of things to consider before purchasing a short sale.

Short sale is a sale where the lender agrees to sell the property at less than what is owed on the mortgage. Short sales require lender approval and lenders do their best to determine the current market value of a home before approving the final sales price.

It is important to remember a couple of points when considering the purchase of a short sale. Firstly, the list price is very rarely the approved sale price. In fact, a list price in a short sale is little more than one person’s opinion of what a lender is willing to accept. Furthermore, short sales are routinely priced under market value in order to spur offers. 

Ultimately, the lender makes the final decision on price, regardless of the seller’s opinion. The lender does this through a broker price opinion (BPO) or even a full appraisal. So even though you as a buyer may have a signed contract at a lower price, the bank may approve the short sale at a higher price based on current market conditions. The lender approved price is the final sales price, regardless of what the offer stipulates.

Secondly, there is nothing short about a short sale. While the offer process may be quick, all short sale offers are written contingent upon the seller getting short sale approval from the bank. This approval time represents the lion’s share of the short sale timeline and can be dictated by a number of different factors including the lender’s ability to process the short sale package, the seller’s ability to submit complete documentation to the lender and any back taxes, mortgage payments or property liens that need to be negotiated prior to close of escrow.

Lastly, as a buyer in a short sale transaction, it is far more likely that you will be asked to bring money to escrow to pay off non recurring closing costs. The premise of a short sale is based on a verfiable financial hardship being experienced by the seller. Therefore, there is a high chance that missed mortgage payments, back taxes, mechanic’s liens and even abatement fees have been levied against the property. Since the seller is generally in no postition to pay these off, the buyer may be asked to pay some or all of these costs in order to close escrow. It is imperative that buyers and their agents understand the overall picture of what is owed by the seller before make a short sale purchase. Countless transactions have fallen through as a result of this and buyers should understand that being asked to pay of seller obligations to close the escrow is a probable scenario in a short sale purchase transaction.

Short sales can help sellers avoid foreclosure and save their credit ratings. The can also represent a good deal depending on the condition of the property and the number of lenders involved. However, buyers of short sales really need understand the end to end process before considering a short sale purchase.

If you are considering purchasing a short sale or are suffering from a financial hardship and need more information regarding options to avoid foreclosure, visit my foreclosure avoidance resources on the web at www.JosephCapote.com

Filed under: Buyer's Blog, Seller's Blog, ,

November 2, 2009 • 12:36 pm 1

The Road to Foreclosure – Part 1 – The Overview

This post is part one in a series of posts writting in a effort to help borrowers understand the foreclosure process. Experts agree that there will be an increase in short sales and REO’s (pre-foreclosure and foreclosures) in San Mateo county over the next year. Given that we are an affluent county, we are behind the curve in terms of these types of properties in comparison to the east and south bay counties. However, right now there are as high as 40% of the available homes on the market are short sales/REO’s and this number looks as if it will rise. This series will attempt to help borrowers understand the timelines and steps on the road to foreclosure. More importantly, it attempts help borrowers to better understand when it make sense to look into loan modification, bankruptcy, sell the property in pre-foreclosure (possible short sale) or let the lender foreclose.  I’ll get started by looking at some of the steps involved on the road to foreclosure.

Firstly, lets take a look at the parties involved and some of the terminology.  A mortgage loan is secured by a deed of trust. The deed of trust is the security for your loan. It is what is documented in the public records. A deed of trust contains three parties: A trustor, which is the borrower. The trustee, which is the entity that holds the “bare legal’ title (usually a title company), and the beneficiary, which is the lender. It is the trustee that holds the “power of sale” clause in the event of default.

Step 1. Borrower defaults on a loan. The borrower can default for a number of reasons. The lender (beneficiary) attempts to reconcile with the borrower (trustor) directly. When this fails, the trustee files a Notice of Default (NOD) with the county in which the subject property is located. This is notice that the loan is in default and officially signifies that the home is in foreclosure and the process has begun. The filing of the NOD can be anywhere from 30-90 days from the first missed payment, depending on the lender. If the mortgage is not made current within 3 months from the filing of the NOD (not 90 days – 3 calendar months), the trustee then files the Notice of Trustee Sale (NOTS). This is the 21 day notice that the trustee intends to sell the property at trustee sale. Once a trustee sells the property at Trustee’s sale, all sales are final. 

Step 2. Loan Modification. The borrower (trustor) will usually take this step first. The borrower calls the lender or mortgage servicer and tries to negotiate a loan modification. This process is dependent upon the lender’s willingness to negotiate and nothing more. This is not a right of the borrower to have a loan modified, nor is there any legal ramifications to the lender if they choose not to modify. This has resulted in a hodgepodge of loan modification scenarios, and a wave of loan modification sheisters have cropped up in both the real estate and legal professions, adding to the confustion.

Step 3. Short Sale (Pre-foreclosure). After being denied or not qualifiying for a loan modifcation, the borrower will then investigate a short sale. They contact their local realtor and list the property for sale. Depending on where in the foreclosure process and the expertise of the realtor, the property is either approved for short sale by the lender’s loss mitigation representatives or the short sale fails.

Step 4. Borrower calls attorney to file a chapter 13 bankruptcy. Since the borrower is in default and the current mortgage is in arrears, the borrower does not qualify for a chapter 13 bankruptcy. Depending on the expertise of the legal professional handling the bankruptcy, the case is filed in the proper county in an effort to stall (where it will probably fail), or the borrower will be advised to walk away from the property and let the bank foreclose.

Proper undstanding of all the options available, as well as an understanding of the borrower’s individual scenario is key to understanding the best options for the trustor (borrower). Problems arise when the borrower waits to long to act, or gets bad advice from unqualified professionals. It is important to understand that the sooner the borrower takes action, the more options are available to him/her. Taking action at the first sign of default or even when the trustee files the Notice of Default leaves more options open to the borrower as opposed to waiting until the Notice of Trustee Sale is filed. Waiting this long to take action really limits the steps the borrower can take.

This should do well to set up the next part in the series: All About Loan Modifications

Filed under: Buyer's Blog, Seller's Blog, , , ,

September 5, 2009 • 10:04 pm 0

Benefits of Working with a Certified Short-Sale Professional (CSP)

Benefits of Working with a Certified Short-Sale Professional (CSP)

As a certified short-sale pro, I realize that short sales are a sensitive time for the parties involved. Sometimes folks may feel vulnerable and look for advice from any source. It’s been my experience that there are distinct benefits in working with a certified short-sale pro when listing your short-sale. I’d like to list them here for your convenience.

Short Sale Benefits for the Seller:

1. The CSP is well trained in the short sale transaction. The short sale is different from a regular real estate listing. Many agents take a short sale and learn “on the fly”. The short sale adheres to a very tight timeline, and agents learning on the job can make mistakes that can cost the seller the transaction. The CSP has been trained and is well versed in all aspects of the short sale process. Whether it’s writing an effective hardship letter, understanding foreclosure timelines, proper market pricing, and package documentation or closing the short sale, the CSP has been trained on all areas of the short sale process.

2. The CSP has developed relationships with the lenders. The CSP has been working with lenders, and can use that relationship to better negotiate the short sale. An inexperienced agent my not have that established relationship, nor understand the differences in lender requirements for a short sale.

3. The CSP understands the difference between a likely short sale and an unlikely short sale. Inexperienced agents will take the listing without realizing the likelihood of the success of the short sale. This can cost a seller time and money, possibly risking the success of the transaction. A CSP can be upfront with the seller regarding the chances of the sale, and be honest with the seller regarding the likelihood of the short sale’s overall success.

4. A CSP understands the necessary marketing tools and tricks to achieve a better rate of success while selling the short sale property. The short sale needs to be marketed differently than a traditional sale, and the CSP has been trained market this property for the best possible success. The inexperienced agent will often market the short sale as a traditional transaction, which can ultimately reduce the chances of the success of the short sale.

5. A CSP understands the requirements of successfully closing a short sale. There are many aspects of a short sale that differ from a traditional sale. The CSP understands that working with lenders, escrow, title, appraisers, buyers and other Realtors differs from a traditional sale. The CSP knows he/she must adjust strategies accordingly to account for the overall short sale process.

For more information, go to www.JosephCapote.com.

Filed under: Seller's Blog, , , ,

August 15, 2009 • 12:31 am 2

Blowing Up the Myths of the Short Sale

Short Sales. Just the name along can drive fear into the spines of home buyers, sellers and realtors (not to mention the lenders who are taking a loss). For years, short sales have had a negative image in the real estate community. And, quite frankly, there are very good reasons why that is. Blown transactions, long turnaround times, little or no communication and frustrated buyers, sellers and agents have all contributed to the negative reputation that short sales currently carry. I even know some buyer’s agents who simply won’t show short sales and steer their clients away from them, they have been burned that badly in the past. While short sales have done much to earn the nasty reputation they currently carry, the tide is turning for the short sale and their reputation may be slowly changing.

What is a short sale? A short sale is a sale whereby the lender, insurer or beneficiary agrees to take a loss on a loan in order to sell a property. (whimsically known as being “upside down”). To make matters worse, the borrower/owner has suffered a financial hardship and is either behind in payments (in default) or in the midst of a full blown foreclosure. In an effort to bypass the expensive, time consuming and detrimental nature of a foreclosure, lenders will agree to a short sale; that is, they accept a sale that is less than the loan amount(s) owed, and take a loss on the remaining balance. There are many advantages for both the lender and borrower in a short sale. Unfortunately, the lenders, and to some degree inexperienced agents, have not handled these short sales very well. This is where the negative perception of the short sale is made. The banks requirements have resulted in an excruciatingly painful experience for all parties involved, and in the worst case scenarios, have lost money, time, effort and energy for the potential buyers.

So why do a short sale? There are many advantages for both lender and borrower in a short sale situation. From the owners perspective, he/she gets to avoid a foreclosure and the messy eviction process. The main advantage here is that the borrower can salvage their credit rating. Recent studies show that missing 2-5 mortgage payments affects a borrower’s credit score by an estimated 30-60 points. If a borrower suffers a foreclosure, it can affect their credit score by 140-200 points. Another advantage to the borrower is that they can continue to live in the property and not make payments throughout the short sale process. This is good for the borrower in that he/she can save money for the transition, and enjoy the peace of mind knowing they will not being hassled by the lender over late payments. Lastly, some borrowers truly feel this is the ‘right thing to do’ and that walking away from the house is unfair to the lender. A short sale offers a respectable option. From the lender’s point of view, a short sale has some clear advantages. The lender avoids having another ‘bad debt’ on the books. The lender does not have to complete an expensive foreclosure process. Some banks estimate a savings of $25-30k when doing a short sale over a full blown foreclosure. Additonally, they do not have to rehab the property or pay an additonal commission to the REO broker. Given all the advantages to both sides, a short sale can be a win/win situation.

Great! So why do short sales have such a bad reputation? The short answer here, is that they have been a pain to all parties involved. Buyers, sellers and agents have been burned trying to negotiate short sales. This is due to a number of factors. The first is the documentation requirements. Lenders require a multitude of documentation for a short sale, including tax returns, bank statements and other financial documents. Any missing documentation can result in an incomplete package, and the lender giggle like a smitten teenager with a crush at any incomplete packages. This results in the package sitting idly on the desk of the asset manager while the agents, buyers and sellers spin helplessly in the dark with no information regarding the status of the package. Secondly, the lenders have a bottom line requirement they are willing to accept for the property. Because of this, they may require the listing agents to do various monkey-like dance steps to satisfy them. These include ‘seasoning’ the property (listing it for a period of time at full price or more), requiring an initial offer to get the short sale ‘approved’ (this is why you see some short sales listed at incredibly low prices compared to others in the market. Chance are, they are just listed that way to get an offer so the agent may get the process rolling with the lender). Lastly, there may be junior liens, mechanics liens, unpaid taxes and association dues. All of these folks will have some say in the short sale, and may need to be paid off by the senior lenders or the transaction can fall apart. Lastly, and maybe most importantly, there must be enough time to do the short sale. If the borrower is in default by several months, there may not be enough time to complete a short sale before foreclosure. Given all of these variables, and there are more that I am not writing about, it is easy to see how a short sale can be precarious and that there reputations can be quite justified.

Can a short sale be completed? Yes, agents close short sales all the time. But it is hard work, and requires a lot of specific knowledge and skill to do so. A realtor, specifically a certified short sale pro (hint hint) has been trained on the requirements specfic to the success of a short sale. Knowledge of the documentation required, the foreclosure timelines and laws, the possible tax implications, the pricing and marketing strategies and escrow procedures are all key, since they all differ from a traditonal sale. Addtionally, a CSP can have an established relationship with lenders, and can use that relationship to their advantage in closing the transaction. In other words, short sales are not easy and are not for every agent. Sellers should be very wary of agents who have short sale experience and training. Agents who take short sales and attempt to learn ‘on the fly’ can cost the sellers time and money, and if they are not careful, their own commissions as well. My recommendation is to always seek out an agent who is knowledgeable in short sales before moving forward. Additonally, lenders are beginning to loosen their restrictive guidelines a little, but this varies from lender to lender.

Overall, a short sale requires effort. But, if done correctly, can offer advantages to both borrower and lender throughout the process and beyond. Each short sale differs, and can be taken on a case by case basis, but both buyers and sellers should know that a short sale does not necessarily mean they should run for the hills. As a potential short sale candidate, talk to a professional about your situation, and always be sure to discuss it with your CPA, tax and legal advisors. As a buyer, you should be aware that a short sale may be riskier, but may offer additonal awards. Have a discussion with your realtor about whether a short sale is right for you. As a certified short sale pro, I am happy to help educate both buyers and sellers regarding the short sale process. As always, knowledge of the facts should dispell the myth’s of the short sale. For more information, visit me at www.JosephCapote.com and take a look at my short sales library to learn more.

Filed under: Buyer's Blog, Seller's Blog, , , ,

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