Saturday, December 4, 2010

The importance of caring for your REO listing

During the influx of foreclosure listings we have experienced, one thing I have noticed is the lack of attention certain agents give to their listings. Why? Well, with a normal listing, especially owner occupied, we as agents are being watched. The seller is here, they are real, and they are watching what we are doing. With an REO, there is an asset manager in some other state and they are unable to really monitor our activities.

But here is the deal.....whose best interest is it in to get the REO listing sold? The investor? Yes. The neighbors of the property? Yes. Me, the Realtor listing the house? DARN RIGHT! And so.....as the Realtor getting paid if and ONLY if the listing sells.....why do some just slap up a photo of the front of the house and call it good?

It costs a lot of time and money to effectively market and present a property, but that is what we get paid for.

The following are before and after photos of my most current foreclosure (REO) listing.....you be the judge.

Before and after photos, living/dining




1399 Sunny, Eugene Oregon
Before and after photos
Living and Dining room
Continuation of blog regarding caring for your REO listing

Before and after photos, kitchen






1399 Sunny, Eugene Oregon
Before and after
Kitchen
Continuation of blog post regarding caring for your REO listing.

Before and after photos, family room




1399 Sunny, Eugene Oregon
Family room
A continuation of caring for your REO post.

The importance of caring for your REO listing



1399 Sunny in Eugene Oregon
Before and after photos
Bathroom

Wednesday, October 13, 2010

Debates regarding foreclosure issues, part 2

Press Release

Release Date: October 11, 2010

Contact: Katrina Cavalli, (212) 313-1181, kcavalli@sifma.org



SIFMA Calls System Wide Moratorium on All Foreclosures ‘Catastrophic’

New York, NY, October 11, 2010—The Securities Industry and Financial Markets Association (SIFMA) today issued the following statement from Tim Ryan, president and CEO, on the foreclosure moratorium related to issues in foreclosure processing:

“It would be catastrophic to impose a system wide moratorium on all foreclosures and such actions could do damage to the housing market and the economy. It must be recognized that the mortgage market, investors and the health of the economy are all inter-related. Investors in the housing market—including American workers with pension funds, 401k plans, and mutual funds—would unjustly suffer losses in their savings from these actions. Increased uncertainty in the securitization market would further constrain consumer credit and spending, dampening our already unhealthy economic situation. If mistakes have been made in relation to foreclosure processing, SIFMA firmly believes such mistakes should be corrected. It is imperative, however, that care be taken in addressing these issues to ensure that no unnecessary damage is done to an already weak housing market and, in turn, that there is no further negative impact on the economy.”

Debates regarding foreclosure issues, part 1

Wall Street Journal, Oct. 10, 2010. The foreclosure problem isn’t about whether some home owners had their homes wrongly foreclosed upon (there’s been no evidence of that to date) but to what extent banks were taking short cuts on foreclosure procedures in states requiring judicial foreclosures. Banks need to conduct their reviews and correct their processing mistakes, but talk in Congress about imposing a national foreclosure moratorium would unnecessarily disrupt the housing market at a time when it needs to find its bottom and move on.

Tuesday, October 12, 2010

A copied and pasted article, and EXACTLY why stalling foreclosures is a BAD THING!

Flawed Foreclosure Documents Thwart Home Sales
Richard Clark, left, with his agent, Kevin Corasio, is trying to buy a foreclosed home in Florida.
Chip Litherland for The New York Times
OCALA, Fla. — Amanda Ducksworth was supposed to move in to her new home this week, a three-bedroom steal here in central Florida with a horse farm across the road. Instead, she is camped out with her 7-year-old son at her boss’s house.
Richard Clark had a deal to buy this home in North Fort Myers, but it has been suspended.
Like many buyers across the country, Ms. Ducksworth was about to complete the purchase of a foreclosed house when it suddenly went off the market. Fannie Mae, the giant mortgage holding company that buys loans from commercial lenders, is pulling back sales of homes that might have been foreclosed in bad faith.
“I gave up my rental thinking I would have a house,” said Ms. Ducksworth, a 28-year-old catering assistant. “Now I’m sharing a room with my son. What the hell is up with that?”
With home sales this past summer at the lowest level in more than a decade, real estate is ill-prepared to suffer another blow. But as a scandal unfolds over mortgage lenders’ shoddy preparation of foreclosure documents, the fallout is beginning to hammer the housing market, especially in states like Florida where distressed properties are abundant.
“This crisis takes a situation that’s already bad and kind of cements it into place,” said Joshua Shapiro, chief United States economist for MFR Inc., an economic consulting firm.
Three major mortgage lenders — Bank of America, GMAC Mortgage and JPMorgan Chase — have said they are suspending foreclosures in the 23 states where they first need a judge’s approval. They are also waving off Fannie Mae from selling any of the foreclosed homes whose loans they sold to Fannie.
The companies say they are reviewing their operations after disclosures that employees signed documents without determining the accuracy of the material, as is required by law.
Those reviews are throwing into limbo hundreds of thousands of foreclosures and pending home sales, analysts estimate, though the lenders and Fannie Mae have been mostly silent about precise numbers and other specifics.
More broadly, the revelations about the sloppy paperwork are emboldening homeowners and law enforcement officials in many states to question whether lenders rightfully hold the notes underlying foreclosed properties — further chilling the housing market.
Distressed properties, many of which are in foreclosure, make up about a third of all home sales. “Foreclosures are going to slow to a crawl,” said Guy D. Cecala, publisher of the trade magazine Inside Mortgage Finance.
Of the 23 states where foreclosures need court approval, Florida has by far the most trouble — about a half-million cases clog its courts — and the moratoriums are having a noticeable effect.
Because most lenders sold their mortgages to Fannie Mae, it is largely that company that has been sending e-mails to real estate agents about putting off deals and removing
houses from the market. In most cases, the agents are being told the freeze will last 30 to 90 days, but agents say there is no way to know for sure.
A snapshot of the problems can be seen at the real estate agency that sold Ms. Ducksworth her home, Marc Joseph Realty, based in Fort Myers.
The agency had 35 deals that were supposed to close this month. As of Thursday, Fannie had postponed 11 of them. Another handful of homes that did not have offers or were being prepared for market had also been withdrawn.
“If this wipes out half my inventory, that’s a scary thing,” said Bill Mitchell, the agency’s closing coordinator.
As he spoke, his computer pinged and another message from Fannie came through about withdrawing a house. It had the subject line, “Unable to Market Notice.”
Another client of the agency, Richard Clark, is caught in the foreclosure vise on both ends.
A delivery truck driver, Mr. Clark has gone through several rough years: his wife lost her banking job and they eventually separated; a vending business did not succeed; he fell behind on his home payments; and CitiMortgage rebuffed his efforts to restructure the mortgage.
With the prospect of being tossed out of his house in a foreclosure of his own, Mr. Clark, 62, cobbled together $58,000 — most of it from his parents — and successfully bid on a house in North Fort Myers that was in foreclosure. His offer on the house, with three bedrooms and two baths, a Jacuzzi tub in the master bedroom and a Key lime tree in the backyard, was finally approved on Oct. 1.
“It’s been a rocky two years,” Mr. Clark, a stocky man with a short pony tail, wire-rim glasses and a gold hoop earring, said while touring the rambling one-story home. “It’s a dream house for me.”
Multimedia
At least, it was. On Tuesday, Fannie suspended the deal. Mr. Clark said he did not know what to do. “I’m kind of hoping I have a place to live,” he said. “Now, who knows?”
It is possible the foreclosure on his current house in nearby Cape Coral — he has a court hearing on Dec. 7 — will also become caught up in the current problems, but Mr. Clark said he was not pleased by the prospect of staying there any longer.
“I’d rather just get on with it, get on with my life,” he said.
In the states far from Florida where foreclosures are an equally large problem but there is no judicial review — Nevada, Arizona and California — there were early signs this week
that the document crisis was spreading. The only time a foreclosure in those states enters a courtroom is when the borrower sues the lender, something few of those in default have the money or the will to do.
In a telephone interview on Wednesday, Gary Kent, a foreclosure specialist in San Diego who has 80 listings, said he had not heard from Fannie or any lender about withdrawing a property. All his deals were on track, Mr. Kent said.
But a few hours later, Mr. Kent said he had received an e-mail about removing a home that was under contract.
The message was from his title insurer, who said that Pittsburgh-based PNC Bank was imposing a 30-day moratorium on all foreclosure sales. (PNC declined to comment to a reporter.)
Mr. Kent’s confidence was shaken. “My buyer’s upset, my agent’s upset and I’m a little nervous,” he said.
Several factors are likely to delay many more foreclosed houses from reaching the market and finding new owners.
Law enforcement officials in several states, including Texas, Maryland and Connecticut, are demanding a suspension of foreclosures until lenders can prove they are using legal methods.
It is unclear how many lenders will go along.
In a move that sets up a potential showdown in Texas, one major lender, CitiMortgage, is arguing that it is being considered guilty until proven innocent by the state attorney general.
“We have no reason to believe our employees are not following our process, and therefore have no reason to stop foreclosures,” a Citi spokesman said.
Another factor is the reaction of the title insurers, who defend homeowners in disputes over a home’s ownership. Lenders require title insurance before approving a mortgage.
The crisis took many title insurers by surprise, said Kurt Pfotenhauer, the chief executive of the industry’s trade group, the American Land Title Association.
One possibility the title insurers are discussing is obtaining warranties from lenders against errors in their foreclosures. Every title insurer, Mr. Pfotenhauer said, “understands there is a brand new risk that has to be evaluated. It’s not at all clear that courts across the country are going to be reversing their earlier decisions on foreclosures. But we don’t know.”
In the meantime, buyers like Ms. Ducksworth here in Ocala are at a loss for answers.
“She’s in a mess, actually,” said Jim Haston, Ms. Ducksworth’s agent.
“I really don’t know what to tell her,” he said.
Chip Litherland for The New York Times

Let's talk about these banks STOPPING foreclosures!!

Last week I talked about this on Facebook and the opinions varied greatly. I am 100% SURE there are some cases where people were wrongly foreclosed upon, but the majority, without a doubt were done fair and square. You see, the person signing the affidavit has to swear they have personal knowledge as to the accuracy of the documents. Now, the clever people out there have figured out that when these employees are signing hundreds of these affidavits every day, there is NO way they can personally know this to be true.

Saturday, September 18, 2010

Don't let fear based media reporting sway you!

On Thursday, September 16th the Eugene Register Guard published yet another article aimed at causing fear and panic. Please read the article and then come back to read my rebuttal.

http://www.registerguard.com/csp/cms/sites/web/news/sevendays/25297620-35/percent-august-2009-bank-sales.csp

Rebuttal:
Diane needed to do more research and verification for her article. I do not know from where RealtyTrac gets their information, but it is not correct as interpreted. Right now county records show 665 foreclosed properties in Lane County. This includes banks and private parties. A 30 second search in RMLS shows me there are 259 bank owned properties in active or pending status, suggesting 38% of foreclosed properties are listed. This doesn't mean the other 62% are being held. It can take a month or longer to get a house on the market after the sale date. My latest REO listing was very clean and nice and it will still take weeks to get on the market, just due to procedures. Diane's article shows 10% being listed. My guess is RealtyTrac's information includes houses which are currently in default, not yet foreclosed.
What experience did the Broker interviewed have in the REO market? There are agents in the area who have sold hundreds of REO properties and would have been a great resource to ask for more information.
Right now is a GREAT time to buy. Rates will likely be going up in the near future, so over a 30 year term, payments on a home purchased now will be lower and gives the buyer more purchasing power. We need more articles stressing the advantages of buying a home and less articles spreading fear and dread.
This article is just one more example of irresponsible fear based reporting by The Guard and other media sources.

I have sent my comments above to the Register Guard's letter to the editor. I generally get published when I do, so be watching for it.

Saturday, September 11, 2010

A Distressed Property Study, by ME!

I have a new REO listing in a newer subdivision in Eugene. Part of my due diligence for the asset manager I was researching the neighborhood. What i found was quite disturbing and I thought I would share it with you.

86 Lots in the subdivision
In the last 9 months 8 homes (10%) have sold
Of those 8 homes, 4 (50%) were fair market
Of those 8 homes, 4 (50%) were short sales or REO

Currently there are 4 homes (5%) on the market
Of those 4 homes 3 (75%) are fair market
Of those 4 homes 1 (25%) are distressed.

With the subject and property next door coming on market it will change to:

6 active listings (7.5%)
3 will be fair market (50%)
3 will be distressed (50%)

For the 4 current active listings: average days on market is 117, average price per square foot is $136

For the 8 sold listings: average days on market is 192, average price per
square foot is $128

What this does not count are the homes which are currently delinquent.
Also, it shows that 50% of the homes currently on the market, or sold
in the last 9 months were distressed in some way, which is very high.

Of these 14 listings 2 were/are short sales. Their average price per square foot is $114.

Of the 14 listings 7 were/are fair market transactions. Their average price per square foot is $139

The remaining 5 were/are foreclosures and sold for $123 per square foot.

What I find the most disturbing is the following summary information:
Average price per square foot for FORECLOSURE properties: $123
Average price per square foot for FAIR MARKET properties: $139
Average price per square foot for SHORT SALE properties: $114

If you are wondering what this means, well, let me tell you. It means, as I have been saying, short sales are KILLING property values. The bank would rather (if it makes sense) take the short sale than foreclose because the costs to foreclose are so much higher. In addition, government programs are giving banks rebates (so to speak) for doing short sales. So if the bank can get all or some of the deficiency between the short sale pay off and the full balance, it works better for them.

So where is the problem? The problem is for the people next door to the short sale transaction. Their property value goes down an additional $9 per square foot based on the averages I presented above. For a home with 1,800 square feet, that means $16,200 in lost equity.

Monday, August 30, 2010

How Does This Remain Legal?

Let's talk about a home owner in distress. An investor comes along and gets the owner to agree to sell their house to the investor. The investor then opens negotiations with the bank. The "buyer" in the offer is one of the investor's employees. They don't use their company name as the buyer. The bank is then given the buyer's phone number, which is the company's phone number. When a Realtor is called out to do the BPO (broker price opinion), they are only allowed in the property escorted by yet another employee of this investor. The investor's employee then gives the Realtor a packet of information. This generally includes misleading comparable properties they want us to use as well as information regarding the offer on the table. It gets worse. I have even been given copies of letters from junior lien holders with the owner's account numbers.


While the investor is negotiating with the banks, they put the house in MLS at a much higher price. They market it with themselves as the seller. They are looking for an end buyer who will pay more.


They secure the buyer, and then they close escrow on the property. They are now officially the seller, though in MLS they were already representing that they were.


Here is a sticky point. Oregon law only allows Realtors to hold an earnest money check for three days. Prior to the investor taking title, the title company can't open an escrow file for it. They can't have two files open on the same house at the same time. So, they are unable to hold the check. We have checks sitting around for weeks at a time, waiting for a home.


I welcome your thoughts and opinions...

Friday, August 13, 2010

The random pricing strategy for short sales.

I just completed a BPO on a really great property and as I was looking at the active and sold comps out there, steam was coming out of my ears.
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The random pricing strategy for short sale properties never ceases to amaze me. The following is mathmatecially accurate, but I have changed the names and numbers to protect the not so innocent. After you read it, tell me how you feel about short sales. I want you to also remember every sale recorded will impact the value of YOUR property. So, if your neighbor decides to no longer care and sell for below value, your value just went down.
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All comparable properties were within a one mile radius of the subject. Our market is fairly stable, we have had a decrease in activity since the end of the tax credit, but activity in April was artificially increased due to the tax credit, so the drops we are seeing are not as drastic as they seem.
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The subject's suggested value is $215,509 which is significantly higher than it's current listing price of $148,500. This is because the property is listed below value. In our area we have an alarming situation of homes being undervalued in short sale situations. The reason is because the seller doesn't care. When it comes to the point that the seller will be receiving no funds from the transaction their motivation to get the highest price possible is removed from the equation.
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In addition, we have listing agents who arbitrarily assign list prices without any thought to the actual value, again because it doesn't matter to them or the seller. Their primary goal is to get as many homes sold as fast as possible.
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The listing agent on this specific property is active in the short sale market and heavily solicits distressed property owners to short sale their homes.
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It is also important to take attention to the listing history. The subject was listed with this agent on June 7 2010 for $180,000. At 13 days on the market they dropped the price to $171,000. At 24 days on the market they dropped the price to $157,5000 and at 37 days on market it was dropped to $148,500, the current listing price. This is a well known strategy, list at a higher price and do frequent reductions. On the surface, Reliable Randy Realtor can then tell the loan servicing company that a higher value was tried and with consistent price reductions, they finally had to drop to such a low price due to lack on interest. The reality is that the property was not given a fair chance to receive an offer. 37 days is not enough time in our current market. In addition, buyers are shying away from short sales as they are tired of the inconsistency and lack of responses from banks. They are much more inclined to buy an REO or a fair market sale.
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That is all!

Saturday, April 24, 2010

Why Open Houses are as Popular as Leaded Gasoline

As soon as a house is listed, sellers wonder “when is the first open house?”

Before we get into all the reasons why open houses are not the key to selling your home, let me share with you a statistic I came across:

On average less than 1% of all homes are sold by an open house.

Why are buyers not visiting open houses like they did in the past?

1. The internet. With expanded technology, high resolution digital photos, virtual tours and the like, buyers are able to see more on line than they ever could before.
2. Life, busy life. In our modern society many household have both adults working during the week. This leaves the weekend to run errands, do the shopping, attend and participate in sporting events, and all those kid activities like birthday parties. Buyers have such limited time that they want to schedule all their viewings at one time. Popping into one or two homes on Saturday, maybe one on Sunday and then maybe going out with their agent on Tuesday is just too much time. They want to do it all at once and go quickly.

So if potential buyers are not coming to look at the open house, who is? Well, not many people really. Traffic count at open houses has been decreasing steadily over the last few years. The majority of foot traffic in an open house are nosy neighbors, bored Sunday travelers, those looking for decorating ideas and people who are not serious about buying a home. Serious buyers are looking when the homes come on the market; they are not waiting for the weekend.

Why do some agents still do open houses? There are two reasons, same two reasons they have always had.

1. Because sellers want them and out of fear of losing the listing, they do them.
2. To pick up new buyers as clients.

What about the print ads which go with open houses?


1. Print ads are declining in popularity and soon will be as popular as leaded gasoline. Newspapers all over the country are closing their doors. Why? The internet (AGAIN). News is delivered to our Smart Phones, email, and web browsers in real time. Waiting until the next day to read the paper is just not done.
2. With declining readership, those ads are not read like they once were.

So, if open houses aren’t the thing, then what?

Instead of asking your real estate agent to hold your home open on Sunday, instead ask them to spend a few hours marketing your home online. If they don't know how or what else to do besides putting it on the MLS, you have a problem. It's probably time to interview a new agent. Internet marketing is number one in today's real estate market. Open houses were number one in yesterday's real estate market.

Wednesday, March 24, 2010

Truly Simple Explanation

I copied this from an email I received, but I think it is very very insightful.


Economics 101




An Easily Understandable Explanation of Derivative Markets



Heidi is the proprietor of a bar in Detroit . She realizes that
virtually all of her customers are unemployed alcoholics and, as
such, can no longer afford to patronize her bar.


To solve this problem, she comes up with new marketing plan that
allows her customers to drink now, but pay later.
She keeps track of the drinks consumed on a ledger (thereby granting
the customers loans).


Word gets around about Heidi's "drink now, pay later" marketing
strategy and, as a result, increasing numbers of customers flood
into Heidi's bar. Soon she has the largest sales volume for any bar
in Detroit By providing her customers' freedom from immediate
payment demands, Heidi gets no resistance when, at regular
intervals, she substantially increases her prices for wine and beer,
the most consumed beverages. Consequently, Heidi's gross sales
volume increases massively.


A young and dynamic vice-president at the local bank recognizes that
these customer debts constitute valuable future assets and increases
Heidi's borrowing limit. He sees no reason for any undue concern,
since he has the debts of the unemployed alcoholics as collateral.
At the bank's corporate headquarters, expert traders transform these
customer loans into DRINKBONDS, ALKIBONDS and PUKEBONDS. These
securities are then bundled and traded on international security
markets. Naive investors don't really understand that the securities
being sold to them as AAA secured bonds
are really the debts of unemployed alcoholics. Nevertheless, the
bond prices continuously climb, and the securities soon become the
hottest-selling items for some of the nation's leading brokerage
houses.


One day, even though the bond prices are still climbing, a risk
manager at the original local bank decides that the time has come to
demand payment on the debts incurred by the drinkers at Heidi's bar.
He so informs Heidi.


Heidi then demands payment from her alcoholic patrons, but being
unemployed alcoholics they cannot pay back their drinking debts.
Since, Heidi cannot fulfill her loan obligations she is forced into
bankruptcy.


The bar closes and the eleven employees lose their jobs. Overnight,
DRINKBONDS, ALKIBONDS and PUKEBONDS drop in price by 90%. The
collapsed bond asset value destroys the banks liquidity and prevents
it from issuing new loans, thus freezing credit and economic
activity in the community.


The suppliers of Heidi's bar had granted her generous payment
extensions and had invested their firms' pension funds in the
various BOND securities. They find they are now faced with having to
write off her bad debt and with losing over 90% of the presumed
value of the bonds.


Her wine supplier also claims bankruptcy, closing the doors on a
family business that had endured for three generations, her beer
supplier is taken over by a competitor, who immediately closes the
local plant and lays off 150 workers.


Fortunately though, the bank, the brokerage houses and their
respective executives are saved and bailed out by a multi-billion
dollar no-strings attached cash infusion from their cronies in
Government.


The funds required for this bailout are obtained by new taxes levied
on employed, middle-class, non-drinkers who have never been in
Heidi's bar.

Monday, March 15, 2010

Your opinion is desired~

The tax credit for home buyers is coming to an end. I would love to get your opinion on the impact this will have on the economy in general. Please weigh in.

Tuesday, March 9, 2010

Will you come visit me at the home show?

Thursday marks the first day of the Lane County Home Show! Emerald Valley Real Estate will be there and so will I. Well, actually, I alone will be there as nobody else from the office was up for participating. It is going to be one long weekend. I do have a mortgage broker coming over to keep me company as much as possible, but mostly I will be alone. Just think of all those buyers and sellers I get to be with.
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So...........if you are going to the home show, please stop by and see me. We will have a fabulous drawing or two.

Wednesday, February 24, 2010

Let's Talk About Agency

In this crazy market I feel many agents have the attitude of their sellers, when in a short sale position, being somewhat disposable. Just a means to an end. The end being their paycheck.


We have a company here in town which will offer to purchase a home from a seller who is in distress. The investor then takes over the negotiations with the bank. Now, what i gladly admit is that they are amazing at negotiating. They are able to have people on staff who just sit and dial the phone all day, something many or even most Realtors are just not able to do. We don't have the time.


While this company is negotiating with the bank to get the short sale approved they list the home on RMLS with the same agent and start looking for an "end buyer". While on the surface this may seem illegal, the reality is many lawyers have reviewed this and find it 100% acceptable. Where we see a gray area is the fine line between legal, moral and ethical.


If the seller is going to be subject to any sort of deficiency judgment wouldn't it serve them best to have the end buyer be their buyer? If the investment company in the middle is making a clean profit of $20,000 for their work and if the end buyer is willing to pay the higher amount, shouldn't the seller be receiving the benefit of the higher price?


These companies are everywhere, in every major city, and they are likely not leaving anytime soon.


Here is where it gets clearly unacceptable from my point of view and it comes down to one word. The word is: AGENCY.




AGENCY:An expressed contractual relationship which can be created in writing or orally in which a principal authorizes and empowers the agent to act on behalf of the principal in dealing with third parties.




Really absorb that paragraph. It says somebody is trusting somebody else to act on their behalf, which means best interest. If you are a the Realtor and allow this third party to come in and negotiate with the bank on behalf of the seller is that third party in essence acting as the seller's agent? I think they are.




I will be most interested to see the aftermath of this most amazing time in real estate history. It hink our courts might see a very large backlog of cases.

Tuesday, February 23, 2010

House Bill 3610-A....Still Researching

Today the House passed 3610-A. What it will mean for homeowners is yet to be seen and believe it or not I don't have an opinion yet. I know, I know, big surprise there, as I normally do have an opinion.


One thing I do like is the bill requires the "lender" to give the borrower REASON why their loan modification is denied. There is a lot of ambiguity around this right now and requiring an actual reason seems to be a great idea.


It also requires the "lender" to file an affidavit stating their compliance with federal regulations and the reason the modification was denied.


I have copied and pasted some relevant portions which you might find interesting to read:


(b) If the beneficiary denies a request made under paragraph (a) of this subsection, the
beneficiary or the beneficiary’s agent in the notice shall provide the grantor with an expla-
nation of how the beneficiary or the beneficiary’s agent calculated that the grantor was not
eligible for a loan modification.


(a) If a grantor returns the form identified in [section 20 (6), chapter 19, Oregon Laws
2008,] ORS 86.737 (6) to the lender by the date specified on the form, the beneficiary or an agent
of the beneficiary shall review the information the grantor provided in the form and, in good faith,
shall process the grantor’s request. The beneficiary or the beneficiary’s agent, as soon as reasonably
practicable but not later than 45 days after receiving the form, shall notify the grantor


(4) Subsections (1) and (2) of this section do not apply to a beneficiary that determines in good
faith, after considering the most current financial information the grantor provides, that the grantor
is not eligible for a loan modification, provided that the beneficiary [informs] or the beneficiary’s
agent notifies the grantor in writing that the grantor is not eligible. In the notice, the benefi-
ciary or the beneficiary’s agent shall describe the basis for




It will be very interesting to see where this goes. Let's hope we see some change from this legislation.

Now Don't Get Too Excited About HB3656

The Oregon Senate voted to expand HB3656 today. The expansion regards the lender's right to pursue a borrower on a second mortgage after the home has been foreclosed upon.


Now before everyone gets all excited and thinks this just gives more people the right to walk away from their financial responsibilities because they were duped into obtaining the loan, let's read the details.


1. This only applies AFTER the home has been foreclosed. So if the borrower has stopped paying and the second is written off but the first is still being paid, this does not apply.
2. If the borrower does a short sale, this does not apply. This is AFTER a foreclosure.
3. The second mortgage (or note and trust deed) must have been created on the SAME day and in the same purchase as the first. Read that as an 80/20 loan scenario.
4. Now here is where it gets REALLY limited. The second to which this law is referring has to have been originated by or currently owed to the SAME lender who is foreclosing.




So really......I know of VERY few people who took out an 80/20 or a 90/10/10 with the SAME lenders.




What really amazes me is this statement made at one time by Senator Suzanne Bonamici (D-NW Portland/Washington County):


"It is no secret that many Oregonians were targeted with complicated loans that trapped them with high payments. This bill ensures a little more fairness if they lose their home."




How complicated is this: 80% of the purchase price of your home is being loaned by this bank. Another 20% is being loaned by this bank. The rate on the 20% is higher because of the increased risk to the lender by being in a second position. In addition, after 24 months the interest rate on your loan MAY adjust. If it does it will adjust no more than this percent every month and no more than this much every six months.


This is not complicated. What is complicated is that now that property values are no longer appreciating at the speed of light, people don't want to pay their debts. That is complicated!

Saturday, February 20, 2010

I am Growing Very Frustrated with Everyone Blaming the Banks

Today on the CDPE (Certified Distressed Property Expert) website. Another Realtor made a comment about how it would serve the banks right if everyone defaulted on their mortgages (or note depending on the state in which you reside). I was very distraught by her comment. Right now anyone who doesn't want to continue to make payments on a home with negative equity thinks they can just claim they have a hardship, dump the house, and just move on. Well guess what? WAKE UP WORLD, this DOESN'T work long term.



For your reading pleasure I am going to copy and paste the response I posted on the thread. The names have been changed to protect the somewhat innocent (yet obviously highly misguided!)


Jane Doe,
I am very disturbed by your comment that it would serve the banks right. Yes, they could have lessened the extent of the damage by not adjusting the rates once they saw what was happening, and many other times through the last couple years. But here is the biggest thing....the home owners promised to pay. And while some have hardships and legitimate issues, many people just don't want to pay for a house which isn't worth what they feel it should be.


To say it would serve the banks right if everyone defaulted is short sighted and you should think that through. If everyone defaulted and went into foreclosure then to whom would you sell homes?


Currently, in my market people have no shame about being on the default list, going to foreclosure, doing a short sale or filing bankruptcy. It is at a point where it is nearly trendy, as if it is a badge of honor to manipulate your bank out of as much money as possible. This impacts EVERYONE, our communities, society in general.


We need to STOP blaming the banks and require people take responsibility for the choices THEY made. Nobody forced them to take out these loans, nobody.


If people took more pride in their lives, more responsibility for their actions a lot of these short sales would be prevented. But in general, I see people just not caring. And what happens? People keep having their values dropped. People like me, who have been making the payments, working through trying to do our own modifications, and watching our neighbors just give up, fabricating "hardships", so they can go rent something nicer for less money. It is crazy.

Monday, February 15, 2010

So, you think you are ready to buy a short sale....

Today I thought we should talk about short sales from the buyer's point of view. It seems so simple when we go shopping for the new house.
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From the onset I make sure to warn buyers of the potential struggles of purchasing a short sale. In fact, if they are first time buyers I give them the option, but highly discourage them from even taking a look.
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First, time. The seller may "accept" your offer to purchase, but that means nothing!! He could accept it in ten minutes, and in ten months you could still be waiting for your new dream home. Why? Because even though the seller is the owner and has the right to sell, the bank has to approve the loss they will be taking. And the bank doesn't do that without a lengthy process and many bumps along the way.
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I have listings right now which have been in the negotiation stage for over seven months! When you are wanting to move to your new home, seven months seems like an eternity.
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Second, condition of property. What buyers must understand is the seller has no real vested interest in selling this house. Foreclosure is just as simple and by time they get to the point of letting the house go, a few more credit points doesn't matter to them. There is no money to do a list of repairs. Either the buyer needs to do them, or they need to accept the property as it is.
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Third, the offer you wrote and the offer the seller accepted may not be the final terms of the deal. Sure, you agreed and the seller agreed, but remember, the bank has to agree to take the loss. You could have waited five months, six months, even longer and then the bank can come back and say they want $10,00o more.
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Lastly, I have no control. Though I am very experienced at short sales from a listing perspective I can't talk to the bank or tell the listing agent what to do. What I can do is only show the buyer properties listed by competent listing agents. Yes, I do have a list of questions I ask the listing agent and if she doesn't have the right answers we will avoid the property.
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If you are in the market for a new home and are considering a short sale, give it a lot of thought. Many buyers think they are up for the wait and then sit by and watch all these other great homes go up for sale, accept offers, and close....while they are still waiting. The love they feel for the house they wrote on slowly starts to dissolve. So think hard and find a good buyer's agent.
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I can be reached at 541-606-2954.

Monday, February 8, 2010

Let's Thank the Cheaters and Liars for Another Round of Paperwork.

Rumor has it ....new rules for claiming the home buyer tax credit. If you want to obtain the credit, you will have to file your taxes the old fashioned way...by mail, on paper! Oh, say it isn't so. WELL, I can't because it is so........you can't efile.
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Can you guess why? That is right............FRAUD!!!!!
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Those claiming the credit must complete a new Form 5405 and include with their 2009 tax returns proper documents, including:

• A copy of the settlement statement.

• For mobile-home purchasers who are unable to get a settlement statement, a copy of the executed retail sales contract.

• For a newly constructed home where a settlement statement is not available, a copy of the certificate of occupancy is required.

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Saturday, February 6, 2010

The Sweet Deal One West Bank has in Indymac Loans

Jul 11, 2008
  • FDIC regulators took over Indymac bank as it was going down.
  • This was the largest bank failure since 1984
  • Fourth largest bank failure in U.S. history
March 19, 2009
  • OneWest was born from the remnants of Indymac.
  • FDIC and OneWest created a shared loss agreement
  • OneWest would purchase all first mortgages at 70% of the current balance
  • OneWest would purchase Line of Equity Loans at 58% of the current balance
  • In the event of foreclosure, the FDIC would cover from 80%-95% of losses, using the original loan amount, and not the current balance

Based on the deal they got, do you think they would prefer to modify a loan or just take the house? Let's do some fun math.

  1. Original loan amount was $150,000.
  2. With missed payments and added fees, the balance is now up to $165,000
  3. OneWest buys the loan for 70% of value, or $115,500
  4. The house is foreclosed upon and sells at $135,000.
  5. The loss to OneWest is calculated by the FDIC to be $15,000 (original loan amount less sales price.)
  6. If the FDIC were to cover 85% of the loss of this loan, OneWest would receive $12,750
  7. However, OneWest only paid $115,500 for the loan, so there was no actual loss, instead they received a $12,750 bonus for foreclosing!
Now this example was on a pretty small loan. Consider a $500,000 loan in an extremely depressed area where the house may sell for only $200,000.

I wonder if there will be any retribution for these losses?

What is With "Originally posted on such and such date"?

This blog is new to the web, but a few of these posts were originally posted on my personal blog. If you would like to take a look at the personal side of my world, that address is:
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http://realestatebarbie.blogspot.com
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I was asked to start a real estate informational blog, so this page was born. In order to give my early readers something to chew on, I brought over some older posts from my other page.
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I hope you enjoy reading about the wild ride that is my real estate career. I love it or I wouldn't keep doing it.
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A quick introduction in case you came upon this site and don't already know me.
  • I was born in Lane County in 1972. Which makes me older than I want to be, but experienced enough to know the market and the area.
  • My real estate license was issued to me on February 1st. 2001
  • I opened my first company, Real Estate by Design, in August of 2004.
  • Real Estate by Design was sold to another agent in 2005 when I was offered a position as a managing broker at Coldwell Banker.
  • The Coldwell Banker run only lasted 90 days. My choice.
  • Upon leaving Coldwell I was lost for a while. In February of 2006 I opened up Emerald Valley Real Estate.
  • I have 2 short sale designations. First was the CDPE, or Certified Distressed Property Expert. Then came the National Association of Realtors (trademark) Short Sale designation.

Thank You Saxon for the Great Workout! Originally posted 6/23/2009

I was so enraged after disconnecting from Saxon Mortgage today. For nearly two months I have been faxing required documents to their short sale department in order to get a house sold. Well, every time I called they needed something else. Why oh why did they not ask for all of it at once? Then, it takes 7-10 days for them to process each document and upload it to their system. I wish I knew what it really meant.
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Last week I was talking with a representative who took 19 minutes to find my authorization to speak with them. Today it was 90 seconds. Makes you wonder. The dear kind brain dead employee last week told me I should call back "one week" before the auction to see if they have all the papers needed. Well two things here: 1. If it takes 7-10 days to upload said docs, then how will calling one week before the auction be a good idea? 2. The day I was speaking to her was SIX DAYS before the scheduled auction date!
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So today I finally got somebody with a few neurons working. Nice guy really. It seems they bank doesn't feel the offer was good enough. They wanted $172,000. The offer was $135,000. They sent another Realtor out to do a BPO (Broker Price Opinion). They did a drive by. A drive by!!! HELLO!!!!!! The house looks perfect outside, but it is totally trashed inside. Not only that but if you don't go in the backyard, you can't see the destroyed defective LP siding!!!! Then, they have the nerve to tell me since the auction is in one day, there is simply not enough time to postpone everything to get a new BPO. Why didn't they do a full interior to begin with? The just of it is that they are going to get one nightmare of a house and they are under the impression it is worth more.
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What is amazing is the twit who did the BPO. A house TWO DOORS DOWN just sold for $157,000 and it was a heck of a lot nicer than this one.
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So out of my complete and total frustration I went on a nice 45 minute jog/walk. So thank you Saxon for a nice workout!

Thoughts on Short Sales. Originally posted 9/2/2009

Katie and I just returned from the CDPE training. We learned so much, it was a great experience. I would highly recommend it to any Realtor with whom I am not in direct competion for business.
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We learned a couple scary things. A lot of the adjustable loans out there have not adjusted yet...we have a huge supply of loans made at the end of the boom and a large array of "exotic" loans which have not come to their stress points yet. That is scary.........but don't run in fear!
Two great websites to look at for statistics are:
trendgraphix.com
or
brokermetrix.com
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Another interesting point coming up is the role Realtors are playing in short sales. We are Realtors. We list, show and assist our clients in selling our buying their homes. When did we become debt negotiators as well? Is debt negotiation in our scope of duty? If not, will our errors and omission insurance cover us if we have legal problems in the future? Are we going to see a lot of class action lawsuits against Realtors for advising our clients in these transactions?
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We have a lot of Realtors running around telling people false information. Have you heard any of these:
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  1. Don't worry about consequences after a short sale. If it is your primary residence the lender can't come back after you, even if they foreclose.
  • NOT TRUE. True, Oregon is a non-recourse state, lenders can't go for deficiency judgments (provided you meet certain criteria such as owner occupied). What nobody is saying is they can still sue you after the fact for not honoring the terms of the promissory note. Do they? Historically, not often, but we are in a whole new world right now. We can't say what they will do in the future.
  1. Because of the Mortgage Forgiveness Debt Relief Act of 2007 you don't have to pay tax on a 1099 for the deficiency.
  • NOT TRUE. The MFDRA is only valid for OWNER OCCUPIED homes. And you cannot have refinanced with a cash out loan. If you did refinance you can still be eligible for the debt relief IF and ONLY IF you used the refinance money in order to pay off the original loans or used any cash out for improvements to the property. You can't have a cash out refinance where you took a $50,000 chunk of change and partied like a rock star for a few weeks.
  1. If you don't qualify for the MFDRA you can just say you are insolvent. Then you do not owe any tax.
  • NOT TRUE. Insolvency isn't that easy. Your amount of debt forgiveness has to exceed your assets.
This blog post is not to be considered legal advice, it is ONLY my opinions and thoughts. You should always consult competent (there is the important word) and appropriate professionals. Appropriate professionals for this subject would include , but not be limited to: CPAs, lawyers, and financial planners.

BofA Drama. Originally posted 9/23/2009

Did you know BofA / Countrywide now services over 50% of the home loans in the United States? This is scary because they are totally disorganized and irrational!
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For fun, I thought I would share with you a journal of my experience on one of their accounts.
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7/28/2009
We are finally given an email address for sending in our documents. At this point I have already faxed all documents in three times. Yes, I put the account number on the top of each page.
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8/6/2009
Local agent called and was doing the BPO today.
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8/9/2009
BPO is not returned yet. A negotiator will review the file on September 2nd.
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8/17/2009
BPO not returned to the bank yet.
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8/19/2009
BPO not back yet.
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8/20/2009
No negotiator is assigned yet. They sent an escalation request. Should be completed in 5 to 7 business days.
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8/26/2009
Nothing new, no updates. But hey, got to be on hold for a very long time.
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9/1/9
All documents are in, it has been escalated. But no new information.
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9/2/9
15 minutes on hold, had to hang up...meeting time
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9/2/9
No negotiator on file yet.
BPO is in.
NOT a Fannie loan
BPO was uploaded on 8/26
She is sending an email to her supervisor to see what is going on, including my contact information.
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9/8/9
Rasheda was very helpful, even gave me her email.
No negotiator assigned yet.
BPO is uploaded, but no progress
Did a 2nd escalation request. Cuz ya know, the first one did so much good.
Going directly to management via email.
Told me to email her on Friday to get an update.
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9/14/09
Notice of intent to foreclose expires on 8/16/09 and was I calling in to make a payment?? HELLO! I am the Realtor, not the borrower!
Transfer to short sale department.
While on hold I sent an email to Rasheda, it bounced. Either she no longer works there or she gave me a bad address.
On hold again. She was going to send another escalation request, but if they do that it will cancel out the first one and we will be even farther behind. The escalation request will expire on the 22nd, so I should call on the 23rd.
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9/14/09
Just for kicks I am calling back to see what kind of variation on the original story I can get.
Beatrice informed me there are no new updates and I should call back on the 23rd. At least that date seems to be a consistency.
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9/17/09
No new updates, I should call on the 23rd. Hey, there's that date again!
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9/18/09
Transferred a few times, and what do you know? NOTHING NEW!
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9/22/09
I am now being told the reason we are having such a long delay for a negotiator is because this is a Fannie Mae loan. (see noes from 9/2/9). Only certain negotiators can do Fannie loans. However, nothing new is noted on the account.
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9/23/09
Jennifer informed me that the file was not pending assignment and that was a new update as of today. The file is in valuation review. They have the wrong offer on file, but I said nothing. The correct offer is $13,000 higher. I have told them multiple times which offer they should have, the other two were dead....buyers walked. If I tell them they have the wrong offer I will have to fax the new one over and it will delay progress. Once I get a negotiator I will talk to her or him directly and present the newest offer.

Laughing all the Way to the Short Sale Back of the Line. Originally posted October 4 2009

So the following link is to an article written in JULY by the Washington Post. According to the source, Bank of America was planning to roll out a program by August in which they would be able to approve a short sale in one week.
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Well, I guess since one of my offers has been in since JULY ...they failed. Wait, maybe I just got my offer in too quickly???
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http://www.washingtonpost.com/wp-dyn/content/article/2009/07/10/AR2009071002115.html

Short Sales Explained (in short). Originally posted on October 20 2009

A short sale can be an excellent solution for homeowners who need to sell, and who owe more on their homes than they are worth. In the past, it was rare for a bank or lender to accept a short sale. Today, however, due to overwhelming market changes, banks and lenders have become much more negotiable when it comes to these transactions. Recent changes in corporate policy and the Obama administration have also improved the chances of getting a short sale approved.

But to be technical, here's a more official definition:

  • A homeowner is 'short' when the amount owed on his/her property is higher than current market value.
  • A short sale occurs when a negotiation is entered into with the homeowner's mortgage company (or companies) to accept less than the full balance of the loan at closing. A buyer closes on the property, and the property is then 'sold short' of the total value of the mortgage.

For homeowners to qualify for a short sale, they must fall into any or all of the following circumstances:

  • Financial Hardship – There is a situation causing you to have trouble affording your mortgage.
  • Monthly Income Shortfall – In other words: "You have more month than money." A lender will want to see that you cannot afford, or soon will not be able to afford your mortgage.
  • Insolvency – The lender will want to see that you do not have significant liquid assets that would allow you to pay down your mortgage.

This seems simple enough, but it is a complicated process that takes the expertise of experienced professionals. I hold the CDPE® Designation and am ready to identify all possible options and, when possible, assist in the quick execution of a short sale transaction.

If you have questions or feel you may qualify for a short sale, please contact me for a free consultation.

Understanding your options now could mean all the difference in the world.

My New Word

Permahold. Def: The state of being put on eternal hold while trying to communicate with a bank regarding a short sale transaction. It is close to permahell, which is where the real estate market seems to be heading.
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Let me tell you about my fun today. I called today and was on hold for 8 minutes. When I finally got to somebody who could help me I was told they had recently gone through a system upgrade. Because she had the new system and not the old system she was not able to retrieve the authorization they have on file to speak with me.
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Her solution was to put me back in the big permahold swimming pool and see if somebody else could help me.
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I entered the information via the buttons on my phone as instructed. I was greeted with the following: "We are sorry, we can't continue processing this call, please hang up.". SERIOUSLY??
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3:22PM I am calling back to get placed in the permahold pool. Kelly answered the call at 3:25Pm. She was not able to get any information for me as she is in the wrong department. She gave me a new phone number to call (yeah...already have that one), and told me to not enter any numbers when prompted. So I didn't. So then it gave me the whole "We are sorry, we can't continue processing this call, please hang up." OH MY GOSH!!!
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3:30 PM Calling back in.....entered social security number and account number as prompted. Back on permahold in permahell. Oh, my anticipated hold time is 5 to 10 minutes. My call is VERY important to them and they look forward to assisting me. You know, I have to say, I am not feeling that right now. Hey, while we are on hold let me tell you the new hot word at Chase. Are you ready? The hot word is "activate". Tee hee....activate. I think the bigwigs at these banks have weekly meetings while they come up with ridiculous new words to use to make us think they are working on things.
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Last week I called and spoke with a really nice gentleman. He told me they had a new process in which the customer no-service (okay he didn't say "no") would need to go through a list and double check all the documents had been received, at which point they would "activate" the file. You have to love it? He said this would make us "active" in the loss mitigation department.
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He was also highly amused the previous person on the 24th had not done this because it seems they get credit for every file they can activate. Too bad they don't have motivation to actually get the deals closed!
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3:36PM. Brittney answered the phone. I wonder if it is Brittney Spears at an all time career low. She was able to actually verify. It was made active and she had the same information I had. She told me to check back in on Friday. I asked her for a current estimate of time to an approval and she said it was 90-120 days from the date of ACTIVATION. This file has been COMPLETE and on their desks since August 12th.
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Gotta love...........Chase Bank

Real Vs. Personal Property

Tonight I had a great email question from one of my buyers. She wanted to know when she sold her house what items were to stay and which ones could go. For the sake of saving time, I am going to just post my response to her question, right here, on my blog!!!





Terrific question! There are two classifications of property, real and personal. Real property is real estate (structure and land).

Personal property is everything else, think couches, television, etc.

Personal property is converted to REAL property when it is attached to real property. So for example a microwave sitting on the counter is PERSONAL property. But one like in this house, mounted above the stove is REAL because it is attached to the house.

Light fixtures are REAL, they are ATTACHED. Here is a fun one. Curtain rods are real property (attached), but the curtains themselves are personal property.

So the way it works when writing an offer is any REAL property is assumed to stay unless it is specifically excluded. Any personal property we wish to say we request ( i think page 2 of the contract).

When you list your house just remember anything that is attached to the house is assumed to stay, anything not attached is not.

Now we are getting into a new phase of electronics and that is the wall mount plasma TV. Technically they are attached, so they should be considered REAL property, but nobody takes it that way. Perhaps I shall blog about that....I might even copy and paste this email and make it my blog subject!