Archive for February, 2010

Are The Banks Following The Law?

Friday, February 19th, 2010

Short sales…everybody has them on their mind these days.  The incidents of short sales are going to be more volumnious in areas where the real housing bubble burst.  Florida has a real demand.  Indiana’s is not quire as common.  The reason…ot that many people in Indiana ended up losing 25% or more of the value of their homes.  Short sales in Indiana should, by reason, be easier to accomplish because in all likelihood they do not involve as much money.

I am not sure how many people who get involved in short sales in Indiana are aware that last year consumer protection legislation was signed into law by Governor Daniels.  Indiana H>B> 1176 contains provisions that became law in July 2009 requiring mortgage servicers to acknowledge and respond to short sales within certain time frames.

This law requires creditors, servicers, or creditors agents must acknowledge written short sale offers within 10 business days and the servicer must accept or reject a borrower-submitted offer no later than 30 days after receipt of the offer.   If you enjoy reading the actual law, here is a link to the language.

I have read this and could dribble on about questions that come to mind for me and no amount of research I am able to do seems to provide answers.  The two primary questions is the requirement that the written offer qualifies as a “qualified written request” under RESPA (Real Estate Settlement Procedures Act”.  The second is does this law allow for counter offers in the post 30 day period.  It would seem not.

I will update this blog as I discover these answers.  It may be that, like many laws, they have been left to interpretation and ultimatly the courts to decide.  Nevertheless, the most important thing to know is how to file a complaint if your short sale request is ignored in Indiana.   There is an on-line complaint form that can be filed with the Indiana Department of Financial Institutions (DFI). The DFI uses the complaints to track and establish patterns with certain lenders and use regulatory authority to investigate the complaint.  Additionally, the Homeowner Protection Unit of the Indiana Attorney General has enforcement authority over the complaints. When completing the form, the complaints should be filed with the DFI, and the field that the Homeowner Protection Unit should investigate marked (Field #18 on the Indiana complaint).

So, in your experience, has the implementation of this law helped?

Preparing To Make An Offer On a Bank Owned REO Property?

Monday, February 15th, 2010

No matter how many times I write this, there will continue to be agents who will ignore the advise given and submit their offers in a way they believe is right.  One thing I have learned in over 15 years working the REO niche is that what you think is right is irrelevant.  If you want to sell a bank owned home you follow the instructions, to a T, that are provided.  It also won’t hurt to take the following few tips and incorporate them into your way of preparing and submitting an offer. This applies to Realtors or buyers who want to submit an offer directly. 

Write Your Offer As If You Are Only Going To Get One Chance To Submit It.  Chances are, that is all you are going to get.  If there is a counter offer it will usually be made to the offer on a few terms related issues.  We find most offers are reviewed based on net to the the seller, and if it is not acceptable, the offer is ignored.

Make Sure The Proof of Funds Provided Makes it Clear that the Buyer has the Ability to Perform on their Offer.  This means if it is a cash offer provide a bank statement with bank letterhead and dated in the last 30 days.  The account holder needs to match the buyer.  If financing, the letter from the mortgage company needs to not have a bunch of contingencies.  It needs to be on a mortgage company letterhead and identify the borrower to match the buyer, the program used, the amount they will borrow and a proof that the down payment and closing costs required exist.  I hate to say this because some of my best friends are mortgage brokers and they are struggling today, but a direct lender statement is sometimes a benefit.  If it is a broker, best that they are legitimate with a history of successful business practices.

Submit The Offer In One Electronic PDF Document.  We have an email address offers@wilmothgroup.com that the offer can be submitted to..or you can fax.  Fax has issues with legibility depending on the machine used.  We are now seeing some asset managers rejecting offers because they are not legible.  If you do not have a way to scan the proof of funds and combine with the offer..find somebody who can.  This type of request is now considered a common business practice and you really need to create your own system to process in this manner.

Expect a Confirmation Within One Business Day to the Same EMail Address or Fax Where you Sent Your Offer.  Please do not send the offer and call and ask if we received it. Frankly, we don’t know until we clear out our receiving systems-something we tackle roughly every two hours.  If one business day has come and gone, and you do not have a confirmation, then email offers@wilmothgroup.com and explain that you have not received a confirmation and you have allowed one business day.  We want to know this and will research immdiately.  Please also understand that an offer submitted on Friday afternoon, Saturday or Sunday, will not be able to be submitted until Monday so you are not going to have a confirmation until Monday.

Consider How Competitive Your Offer Is.  A lot of buyers have the idea that a bank owned home can be purchased for 30-50 cents on the dollar.  This is a misunderstanding they have gained primarily by subscribing to somebody who calls themselves a guru and following their step by step plan to make millions in distressed property.  I want to be kind but it has been this way forever.  Banks do not sell foreclosed properties in the open market for these types of discounts.  Bulk packages in the millions of dollars are sold at discounts to note value that sometimes go this low.  The kind of properties we sell are priced based on a review by two brokers and one appraiser.  A price is determined by the bank based on these reports.  The values submitted by these parties take into account condition.  These properties are selling and the reason is they are priced correctly initially.

Don’t Prepare A Narrative To Submit Explaining Why The Price Offered Is The Right Price For the Bank to Accept.  How can I be kind?  Nobody will read it.  Nobody will care.  All parties on the selling side know that the windows have to be replaced and the roof is leaking.  We already took that into account when we came up with the asking price.

Be Patient and Prepared.  If you are a Realtor, please prepare your buyer for how the REO transaction proceeds.  The offer response deadline on a purchase agreement…..ignored.  It means nothing.  The deadlines are set by the seller.  You may wait a week to hear your offer is the one they wish to accept and you will have two business days to complete the execution of the banks addendum to the purchase agreement.  The bank addendum is a document that will be required to be executed by the buyer if their offer is accepted. It clears up various terms issues for the banks purposes and makes it clear the property is being sold the way the bank agrees to (as-is etc.)  So, buyers need to be prepared for not really having control over timelines….but the need to perform within them.  If not, banks today are just cancelling deals and not even letting the old buyer re-contract. 

It is a black and white business.  Not a place for those expecting room for emotion and empathy.  Prepare your buyers and your offer so that the experience can be a positive, professional one.

Right Idea Just Not Implemented Correctly

Tuesday, February 2nd, 2010

In the last couple of weeks great sounds of celebration have been heard in the real estate investing world based on a change in rules from the FHA.  New rules have opened up FHA borrowers to the properties for sale by investors who have acquired a foreclosed property, and then made repairs to make it habitable and to FHA standards.  In the past, there was a 90 day rule that added costs for investors and made it less likely one of these properties would be available for an FHA buyer.  This rule change can be such a big deal becasue today FHA is the home lender of choice, with approximately 60% of all owner occupied homes being financed with loan and a FHA guaranty.

The issue I have with this improvement in the rules is that there is a 20% cap on the difference between the investor’s acquisition cost of the foreclosure and the price paid by the new buyer.  I know what those friendly to capitalists folks running our government were thinking.  “Wow..I sure would like to make 20% return for such a short term investment.”   Obviously, they still have not visited a foreclosed home.

Lets just start with the basic idea here that an investor, who buys an as-is foreclosed home is taking some pretty serious risk and should get some return for the risk.  It is not unreasonable to consider 10% is the low end of the risk-return ratio that makes this investment make sense.  So, this leaves 10% of the acquisition price for rehab to make the home eligible for an FHA buyer.

Most of you already see where I am going at this point.  Very few foreclosed, REO homes, only have 10% of cost in their budget for repairs needed to qualify.  It will be a rare property where this formula will work.  The folks at HUD have the right idea, but all I can figure is they really do not believe an investor should be allowed a 10% return for this risk.

Take a look through our website www.WilmothGroup.com and look at the properties for sale.  We only put on the decent pictures, leaving many of the really ugly defects to be inspected with the eye.  With the right investment, most of these houses can be a home again.  It will likely take investments much greater than 20% and an investor would be crazy to not demand some return for their risk.

This idea shows progresss toward removing the roadblocks to capitalism that can solve a lot of our nations problems.  Unfortunately, a zebra does not change its stripes and the concern that somebody might profit seems to have interfered with implementing the rule so it truly can have a positive impact on FHA borrowers and neighborhoods languishing in foreclosed, vacant properties.

New Fannie Mae HomePath Sales Incentive

Monday, February 1st, 2010

Purchasing a Fannie foreclosure just got more enticing for your owner occupants!

Fannie Mae Offers New Closing Cost Assistance and Appliance Incentive for Homebuyers

 

Fannie Mae is offering a 3.5% incentive for buyers who purchase and close on a Fannie Mae-owned home between January 28 and April 30, 2010. Buyers purchasing properties listed on HomePath.com that are closed within this period may receive up to 3.5% of the final sales price for:

 

·         Closing costs;

·         The purchase of new Whirlpool® appliances by Fannie Mae; or

·         A mix of closing costs and appliances, at the buyer’s discretion, up to the maximum 3.5%.

To be eligible for this incentive:

·         Offers must be accepted on or after January 28, 2010;

·         Property sales must close before May 1, 2010, and;

·         Buyers must be owner-occupants (investors are excluded).

 

The incentive reinforces the organization’s commitment to stabilizing communities and assisting buyers. For more information about this incentive, visit www.HomePath.com, read the press release on fanniemae.com, or contact a Fannie Mae listing broker.