Tip 24-2012: Avoid "Property Preservation" Services with a Short Sale
When the Borrower becomes delinquent with their mortgage payments, it is common for lenders to send someone to check on the property. The company who inspects the property for the lender is commonly referred to as an "Asset Preservation, Property Preservation, or Field Inspection" company. If the property is abandoned, the Asset Preservation Company will usually secure the property by changing the locks, winterizing the plumbing, cutting the grass, and sometimes boarding up all entrances. However, if the property is actively being marketed as a short sale, never let the Asset Preservation Company have anything to do with securing the property. Even if the listing realtor has a "For Sale" sign on the property, the Asset Preservation Company may still attempt to secure the property. They normally call the listing realtor, but sometimes all they do is post a notice on the door. If no one responds, they will then change the locks on the doors, thus making access next to impossible. Even if the Asset Preservation Company promises to allow access to show the property, do not believe them. Any system they set up is never as easy as a lock box on the front door. If you want to have a reasonable chance of a successful short sale, keep the lender and their Asset Preservation agent away from the property. Simply tell the Asset Preservation Company that the property is being maintained, and the lender has no right to secure the property. Let them know their assistance is not needed.
Contact me at 434-951-0858 or Tucker@TGBLaw.com if you have questions, or visit our blog below for previous tips. Thank you for allowing us to send you this email.
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William D. Tucker, III
Charlottesville, VA 434-973-7474 | Lake Monticello (Palmyra, VA) 434-589-3636
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Showing posts with label Short Sale. Show all posts
Showing posts with label Short Sale. Show all posts
Jun 18, 2012
Tip 24-2012: Avoid "Property Preservation" Services with a Short Sale
Short Sale
Labels:
Charlottesville Attorney,
Short Sale
May 31, 2012
Tip 22-2012: Advantages of Short Sale vs. Foreclosure
Charlottesville Real Estate
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Labels:
Charlottesville Attorney,
Foreclosure,
Short Sale
May 14, 2012
Tip 19-2012: Insane Short Sale Story
Charlottesville Real Estate Attorney
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Sep 17, 2010
Tip 36-2010: Short Sales and Hardships
Unfortunately, successful short sales still require that there must be a “financial hardship”. It’s not enough that the value of the secured property is upside down (the property is worth less than the debt). The borrower also has to be in a financial hardship situation, which includes the requirement that the borrower is behind with their mortgage payments.
Numerous lenders still say they will not consider a short sale until the borrower is at least 60 to 90 days late. This makes no sense, but unfortunately it’s the current system. All a short sale should really mean is that the current value of the home is short of the amount of the current debt. That, especially if you have to sell, should be enough of a hardship. In fact, there are certain lenders who may pull a credit report on the seller to see what other debts their borrower (the Seller) may be behind on.
Most of the time the hardship issue is not a problem as the Seller is or is about to be behind on their payments. But if the Seller plans to stay current, warn the Seller ahead of time that their lender will probably not allow the short sale. It’s unfortunately the system we’re working with now. Hopefully it may change in the future.
Please contact me (Charlottesville Attorney) if you have any questions.William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
www.TGBlaw.com
William D. Tucker, III is an affiliate member of CAAR
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Sep 10, 2010
Tip 31-2010: Short Sales & Contract Contingencies
The current VAR Short Sale Addendum allows the Purchaser to start the home inspection and apply for the loan either once there is a ratified contract or after short sale lender approval. The Seller should prefer that all contingency dates start with contract ratification so that the home inspection (usually for informational purposes only) and the loan commitment are resolved prior to the short sale negotiations. The Purchaser, however, will not want to incur any expenses (home inspection, appraisal or title search) until the short sale lender has approved the short sale.
Obviously, the Seller and the Purchaser have conflicting interests as to these issues. Nevertheless, the best approach for a potential short sale approval is to complete the inspection, order a title search and obtain the loan commitment as early as possible. In negotiating with the short sale lender it is always preferable to be able to tell the negotiator that you can close as soon as you receive the short sale approval. If you have to wait for the inspection results or to obtain loan commitment, the short sale negotiator may not be as “quick” to negotiate and accept the short sale.
PS: ”Quick” is not a normal word with short sales, maybe it would be better to say the short sale negotiator may not be “as slow” if the Purchaser’s contingencies have been satisfied.
Please contact me (Charlottesville Attorney) if you have any questions. William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia 434-973-7474
Tucker@TGBlaw.com
www.TGBlaw.com
Aug 25, 2010
Tip 30-2010: Short Sales with 2nd Deeds of Trusts
Although short sales appear to be somewhat easier to negotiate with the lender (first lien holder), this is not always the case when there is a second lender (2nd Deed of Trust or Home Equity Line of Credit). These second lien holders are becoming more aggressive and want more of the purchase price than the usual amount offered by the first lender. Although the amount offered varies (according to HAFA the maximum is $6,000), these second lenders realize that the first may pay more to avoid a foreclosure.
Recently, the second lender has asked for amounts well in excess of what the first is willing to pay. In these cases, it becomes more difficult to negotiate a successful short sale. If the Purchaser is willing to raise the purchase price, the first lender says they want the extra money offered. To get more money to the second, while still satisfying the amount of the first wants, it becomes a delicate game of negotiations between sometimes unreasonable and unreachable negotiators.
The best advice in these situations is to be completely above board and do not let anyone talk the parties into side deals. Everything should be disclosed to both lenders. Any proposed HUD needs to be specific where any funds are coming from and who gets what.
Please contact me (Charlottesville Attorney) if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.TGBLaw.com
Recently, the second lender has asked for amounts well in excess of what the first is willing to pay. In these cases, it becomes more difficult to negotiate a successful short sale. If the Purchaser is willing to raise the purchase price, the first lender says they want the extra money offered. To get more money to the second, while still satisfying the amount of the first wants, it becomes a delicate game of negotiations between sometimes unreasonable and unreachable negotiators.
The best advice in these situations is to be completely above board and do not let anyone talk the parties into side deals. Everything should be disclosed to both lenders. Any proposed HUD needs to be specific where any funds are coming from and who gets what.
Please contact me (Charlottesville Attorney) if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.TGBLaw.com
Jul 29, 2010
Tip 29-2010: Short Sales & the Short Sale Package
In order to obtain approval of the short sale, each lender requires a complete short sale package be submitted by the Seller. This package includes a hardship letter and financial information from the Seller. Unfortunately, lenders do not allow this package to be submitted until there is a ratified contract. Once everything is in place, the short sale package, ratified contract and a proposed HUD is submitted to the short sale lender or lenders (don’t forget the second lien holder or home equity lender).The documentation required is complicated and detailed for the Seller, especially if the Seller is experiencing other hardship issues. Accordingly, have the Seller start early preparing the short sale documentation, which typically includes at least the following: hardship letter, written 3rd party authorization, last two pay stubs, last two monthly bank statements, last two years’ of tax returns, & income/expense statement. (Our advice is to start this process at the listing stage.) With this early start, the Seller can have all of the required documentation prepared by the time a contract is signed. Also, remember that even after the short sale package is submitted, the lender may still require updated information.
The goal should be to submit the short sale package with the signed contract and HUD immediately after final contract ratification. In this way the Seller’s short sale application will have an earlier stamp with the short sale lender, which translates into an earlier decision.
Please contact me (Charlottesville Attorney) if you have any questions.
Tucker Griffin Barnes P.C.
Charlottesville, Virginia 434-973-7474
Tucker@TGBlaw.com Jul 14, 2010
Tip 26-2010: Short Sales & Foreclosure
It is often said that the “right hand does not know what the left hand is doing.” This is especially true with short sales. It is not unusual that while the same lender is considering a short sale application, the “left hand” of the lender is commencing a foreclosure action.
Accordingly, it is important that the Seller and the “authorized parties” continue to communicate with the short sale lender while the short sale application is in process. Additionally, the Seller should open and review all correspondence from the short sale lender. Finally, it is advisable to review the legal classified advertisements to be sure that a foreclosure is not being advertised.
Normally, the “right hand” of the lender negotiating the short sale will stop or postpone the “left hand’s” foreclosure. But this is not always the case, and especially if no one notices and fails to inform the short sale lender of the foreclosure conflict. The best advice is to keep alert and never completely trust the short sale lender.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Accordingly, it is important that the Seller and the “authorized parties” continue to communicate with the short sale lender while the short sale application is in process. Additionally, the Seller should open and review all correspondence from the short sale lender. Finally, it is advisable to review the legal classified advertisements to be sure that a foreclosure is not being advertised.
Normally, the “right hand” of the lender negotiating the short sale will stop or postpone the “left hand’s” foreclosure. But this is not always the case, and especially if no one notices and fails to inform the short sale lender of the foreclosure conflict. The best advice is to keep alert and never completely trust the short sale lender.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Jun 30, 2010
Tip 25-2010: Short Sales Review - 3 Basic Rules
Prior tips have outlined certain general rules regarding short sales. Unfortunately these rules have not changed; in fact, they seem more permanent and bear outlining again.
Rule No. 1—The most basic rule regarding short sales is “There are no rules”.
The short sale lender can do whatever they please, and this is especially true for second lien holders.
Rule No. 2—Short sales are like snow flakes. From afar each snow flake in a snow storm seems alike. But when you look at each snow flake individually, it is completely different from any other snow flake. Each short sale is uniquely different from each other. Each short sale has different twists and angles which must be reviewed and dealt with in order to obtain a successful short sale.
Rule No. 3—Short sales are never “short”. They should be called “Long Sales”. There is no such thing as a “short Short Sale”. With the backlog of delinquencies and the complexities of who is the investor or guarantor, the short sale approval takes an inordinate amount of time. Just request that everyone be patient and allow the process to happen (usually in the lenders own time frame).
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Rule No. 1—The most basic rule regarding short sales is “There are no rules”.
The short sale lender can do whatever they please, and this is especially true for second lien holders.
Rule No. 2—Short sales are like snow flakes. From afar each snow flake in a snow storm seems alike. But when you look at each snow flake individually, it is completely different from any other snow flake. Each short sale is uniquely different from each other. Each short sale has different twists and angles which must be reviewed and dealt with in order to obtain a successful short sale.
Rule No. 3—Short sales are never “short”. They should be called “Long Sales”. There is no such thing as a “short Short Sale”. With the backlog of delinquencies and the complexities of who is the investor or guarantor, the short sale approval takes an inordinate amount of time. Just request that everyone be patient and allow the process to happen (usually in the lenders own time frame).
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Jun 7, 2010
Tip 24-2010: Short Sales - Back to Basics
Since HAFA (Home Affordable Foreclosure Alternatives) has not yet simplified and expedited the short sale approval process as was expected, it’s still the traditional Short Sale process.
This means wait for a ratified contract, prepare and submit the short sale package and then continuously call and/or email the short sale lender until a negotiator is appointed. Usually at this point, the negotiator will tell you to resubmit certain documents as the lender never received them or they need additional information.
But at this stage at least you have a negotiator (who may even return every tenth call or email). Occasionally, the negotiator will actually be very responsive and real negotiations for contract approval can begin.
The one basic advice for everyone involved in the process is “Patience”. In spite of all the attempts by the lenders to streamline the process (Ex: Equator with Bank of America, HAFA, etc.), the short sale process still continues to drag on. Just suggest that everyone be patient and continue to contact the short sale lender (daily sometimes). With practice and tenacity, the short sale approval will very likely be successful.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
This means wait for a ratified contract, prepare and submit the short sale package and then continuously call and/or email the short sale lender until a negotiator is appointed. Usually at this point, the negotiator will tell you to resubmit certain documents as the lender never received them or they need additional information.
But at this stage at least you have a negotiator (who may even return every tenth call or email). Occasionally, the negotiator will actually be very responsive and real negotiations for contract approval can begin.
The one basic advice for everyone involved in the process is “Patience”. In spite of all the attempts by the lenders to streamline the process (Ex: Equator with Bank of America, HAFA, etc.), the short sale process still continues to drag on. Just suggest that everyone be patient and continue to contact the short sale lender (daily sometimes). With practice and tenacity, the short sale approval will very likely be successful.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
May 21, 2010
Tip 21-2010: Short Sales & HAFA
It has been over a month since the new Treasury Department regulations (April 5) to simplify short sales went into effect. These guidelines are supposed to shorten the short sale process, allow for a move-out allowance for the Seller and create uniform forms. Unfortunately, the lenders and their short sale departments still have not caught on as to how to implement HAFA (Home Affordable Foreclosure Alternative).
To date, the lenders we are negotiating with have been slow to accept and implement HAFA. According to the guidelines, if a borrower has been turned down or failed with a loan modification, the lender is supposed to send a HAFA application for a short sale. To date, none of the lenders where short sale situations in which HAFA may apply, have agreed to send the HAFA forms. We are still trying to get these lenders to recognize that HAFA applies and will keep you informed on our progress. Hopefully sometime in the future, HAFA will offer some improvements to the short sale landscape. For now, it’s the traditional short sale process (numerous calls, emails and misplaced documents) for any short sale negotiation.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
To date, the lenders we are negotiating with have been slow to accept and implement HAFA. According to the guidelines, if a borrower has been turned down or failed with a loan modification, the lender is supposed to send a HAFA application for a short sale. To date, none of the lenders where short sale situations in which HAFA may apply, have agreed to send the HAFA forms. We are still trying to get these lenders to recognize that HAFA applies and will keep you informed on our progress. Hopefully sometime in the future, HAFA will offer some improvements to the short sale landscape. For now, it’s the traditional short sale process (numerous calls, emails and misplaced documents) for any short sale negotiation.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Apr 30, 2010
Tip 18-2010: Short Sales and HAFA
Short Sales & HAFA) The new Treasury Department guidelines that went into effect on April 5th, 2010 have already been amended. Although it is still too early to determine if HAFA (Home Affordable Foreclosure Alternative) will actually bring some uniformity to the confusing and difficult short sale process, the new changes actually could have a beneficial effect.
The first change increases the amount of relocation expenses the short sale seller can be paid from $1,500 to $3,000. In other words, if the Seller can accomplish a successful HAFA short sale, the short sale lender will pay the Seller $3,000 from the sales proceeds to assist in the Seller’s moving costs. (This $3,000 will be reimbursed to the short sale lender by the Treasury Department)
The second change allows the first lien short sale lender to pay out of the sales proceeds up to $6,000 to the second short sale lender (if applicable) in order for the second to release its lien. The Treasury Department will reimburse the first lender $2,000 ($1 for each $3 paid to the second lien holder).
There are still serious issues with HAFA. For example, the program is voluntary especially for the second lien holder. But if a short sale can be accomplished under HAFA there are significant benefits including that the Seller will be released from all liability for the repayment of the mortgage debt. We recently submitted several HAFA short sale applications and are awaiting the lenders’ responses, including the inevitable lessons learned.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
The first change increases the amount of relocation expenses the short sale seller can be paid from $1,500 to $3,000. In other words, if the Seller can accomplish a successful HAFA short sale, the short sale lender will pay the Seller $3,000 from the sales proceeds to assist in the Seller’s moving costs. (This $3,000 will be reimbursed to the short sale lender by the Treasury Department)
The second change allows the first lien short sale lender to pay out of the sales proceeds up to $6,000 to the second short sale lender (if applicable) in order for the second to release its lien. The Treasury Department will reimburse the first lender $2,000 ($1 for each $3 paid to the second lien holder).
There are still serious issues with HAFA. For example, the program is voluntary especially for the second lien holder. But if a short sale can be accomplished under HAFA there are significant benefits including that the Seller will be released from all liability for the repayment of the mortgage debt. We recently submitted several HAFA short sale applications and are awaiting the lenders’ responses, including the inevitable lessons learned.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Apr 22, 2010
Tip 17-2010: Short Sale and HUD-1
(Short Sale and HUD-1): To insure a successful short sale, it is extremely important that the initial HUD-1 is completed correctly before it is submitted to the short sale lender. If the proposed HUD-1 does not contain all the estimated expenses, the short sale negotiator will not allow normal closing costs to be added later because someone forgot to include them on the HUD-1. Examples of costs left off the initial HUD-1, which can not be added but still must be paid by someone are termite inspections, water and septic tests, HOA dues and real estate tax prorations.
Another problem is underestimating the costs on the initial HUD-1. You should always include a full real estate commission (as most short sale negotiators are now allowing full commissions). Do not underestimate legal fees and other normal settlement charges. The short sale negotiator can always lower the allowed costs on the final HUD-1, but I have never seen a negotiator raise an allowed cost because it was initially too low.
Ask for help with the HUD-1 to make sure that nothing is left off. A good practice tip is to have more than one person review each proposed short sale HUD-1 to avoid mistakes.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Another problem is underestimating the costs on the initial HUD-1. You should always include a full real estate commission (as most short sale negotiators are now allowing full commissions). Do not underestimate legal fees and other normal settlement charges. The short sale negotiator can always lower the allowed costs on the final HUD-1, but I have never seen a negotiator raise an allowed cost because it was initially too low.
Ask for help with the HUD-1 to make sure that nothing is left off. A good practice tip is to have more than one person review each proposed short sale HUD-1 to avoid mistakes.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Tip 14-2010: HAFA and Short Sales
(HAFA and Short Sales) On April 5, 2010, the next addition of the government’s HAMP program (Home Affordable Modification Program) goes into effect. HAFA (Home Affordable Foreclosure Alternatives) is intended to bring some guidelines and order to the existing chaos and uncertainty of the short sale landscape. Although not required to be followed, if a lender elects to participate in HAMP, it has to offer HAFA to any homeowner who does not qualify or fails in a HAMP modification.
HAFA provides certain incentives to both the homeowner ($1,500.00 move-out allowance) and the lender ($1,000.00 for allowing $3,000.00 of the sales proceeds to be paid to the second). Another benefit to the homeowner is that the deficiency on the first and maybe the second has to be forgiven. Benefits for the realtor include that a full commission is allowed and the process is supposed to be streamlined. There is even a provision whereby the seller can request pre-approval of a property price for a short sale (ARASS).
As the program is still being developed, there will be a significant learning curve, but hopefully HAFA will be more successful than the HAMP program. If you have a short sale that will occur after April 5th, 2010, contact the lender about whether HAFA is applicable or call your attorney for more details. (I will continue to monitor and report on the implementation of HAFA as it could provide a significant improvement for future short sales.)
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
HAFA provides certain incentives to both the homeowner ($1,500.00 move-out allowance) and the lender ($1,000.00 for allowing $3,000.00 of the sales proceeds to be paid to the second). Another benefit to the homeowner is that the deficiency on the first and maybe the second has to be forgiven. Benefits for the realtor include that a full commission is allowed and the process is supposed to be streamlined. There is even a provision whereby the seller can request pre-approval of a property price for a short sale (ARASS).
As the program is still being developed, there will be a significant learning curve, but hopefully HAFA will be more successful than the HAMP program. If you have a short sale that will occur after April 5th, 2010, contact the lender about whether HAFA is applicable or call your attorney for more details. (I will continue to monitor and report on the implementation of HAFA as it could provide a significant improvement for future short sales.)
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Mar 10, 2010
Tip 11-2010: Short Sales & Real Estate Commissions
Most short sale negotiators have recently been agreeing to the full 6% real estate commission. However, if the Purchaser is also the selling realtor, do not expect the short sale lender to always agree to allow any commission to be paid to the selling realtor. In other words, the short sale lender will not pay the Purchaser a real estate commission to buy the house.
We recently encountered a short sale where we had obtained an initial approval letter. However before the final approval, the short sale negotiator noticed that the contract contained required language indicating “that the Purchaser was a licensed real estate agent”. But probably more important the negotiator noticed that the Purchaser as selling agent had also acknowledged that the deposit had been received by himself as the realtor. In other words, the same individual signed on Page 8 as both Purchaser and Selling Agent. When the negotiator put “two and two together” the real estate commission was reduced to 3% with only the listing agent allowed to receive any commission.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
We recently encountered a short sale where we had obtained an initial approval letter. However before the final approval, the short sale negotiator noticed that the contract contained required language indicating “that the Purchaser was a licensed real estate agent”. But probably more important the negotiator noticed that the Purchaser as selling agent had also acknowledged that the deposit had been received by himself as the realtor. In other words, the same individual signed on Page 8 as both Purchaser and Selling Agent. When the negotiator put “two and two together” the real estate commission was reduced to 3% with only the listing agent allowed to receive any commission.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Tip 9-2010: Short Sales (Personal Observation)
Tucker’s Tip #7-2010 presented a comparison chart for the Homeowner’s consequences with a short sale vs. foreclosure. The general conclusion was that a short sale appeared to be better (or less negative) than the foreclosure.
The “short sale” is also preferable as it allows the Seller to control his future including when to vacate the property. The short sale also means “one less foreclosure”, “one less empty house in the neighborhood” and “one less depressed home valuation for future comps”. In other words, all the extra work by the homeowner, realtor and settlement attorney to complete a short sale is worth it.
Each successful short sale in the Central Virginia market place means one less foreclosure to have a negative impact on our real estate market and community.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
The “short sale” is also preferable as it allows the Seller to control his future including when to vacate the property. The short sale also means “one less foreclosure”, “one less empty house in the neighborhood” and “one less depressed home valuation for future comps”. In other words, all the extra work by the homeowner, realtor and settlement attorney to complete a short sale is worth it.
Each successful short sale in the Central Virginia market place means one less foreclosure to have a negative impact on our real estate market and community.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Tip 7-2010: Short Sales vs. Foreclosures - Which is better?
The financially distressed homeowner has many issues to deal with but probably the most important is deciding on whether to pursue a short sale instead of a forced foreclosure. The attached chart (please contact us for a copy) from the Distressed Property Institute provides an excellent comparison of the homeowner consequences of the short sale vs. the foreclosure. It would appear from the chart that the short sale probably has less negative effects for the seller than a foreclosure.
Although each short sale decision should be based on the homeowners individual facts and circumstances, all in all, a successful short sale is more preferable and has less future negative results than a foreclosure.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Although each short sale decision should be based on the homeowners individual facts and circumstances, all in all, a successful short sale is more preferable and has less future negative results than a foreclosure.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Tip 6-2010: Short Sales & Early Title Search
Recently I have had two approved short sales delayed because of unresolved title issues which were not discovered until the Purchaser completed their title exam. In both cases, the Purchaser’s settlement agent did not order the title exam until after the approval by the short sale lender.
Please do not wait to order the title exam. I recommend the following:
Listing Agent: Immediately with the listing, order a one owner title update. This update discloses all Deeds of Trust, liens and judgments which need to be negotiated.
Selling Agent: Request that the Purchaser’s attorney order the title exam very early in the process. Even though the listing agent may have a one owner update, the full title exam may undercover other problems which can be resolved while waiting for approval from the short sale lender.
For more information about this issue please review two previous Tucker’s Tips, #18-2009 & #40-2009
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Please do not wait to order the title exam. I recommend the following:
Listing Agent: Immediately with the listing, order a one owner title update. This update discloses all Deeds of Trust, liens and judgments which need to be negotiated.
Selling Agent: Request that the Purchaser’s attorney order the title exam very early in the process. Even though the listing agent may have a one owner update, the full title exam may undercover other problems which can be resolved while waiting for approval from the short sale lender.
For more information about this issue please review two previous Tucker’s Tips, #18-2009 & #40-2009
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Jan 26, 2010
Tip 4-2010: Short Sales & 2nd Deeds of Trust
Recently, it has become more difficult to obtain short sale consent from the second lien holder. In the past, the first lien holder would offer the second a token payment of between $1000 to $3000, which the second would agreed to accept as they will get nothing from a foreclosure by the first. Now however, the second lien holder is insisting that they want more money than the token payment in order to approve the short sale.
Their argument is that the first lien holder needs to offer the second more money, or the first can go ahead and foreclose and incur the tremendous costs involved with the foreclosure. The other side of this argument is that the second lender gets nothing if there is a foreclosure. It sometimes becomes a “game of chicken” between the two lenders. If nothing else, expect that a short sale with two or more lenders may take a longer time for both approvals.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Their argument is that the first lien holder needs to offer the second more money, or the first can go ahead and foreclose and incur the tremendous costs involved with the foreclosure. The other side of this argument is that the second lender gets nothing if there is a foreclosure. It sometimes becomes a “game of chicken” between the two lenders. If nothing else, expect that a short sale with two or more lenders may take a longer time for both approvals.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Jan 20, 2010
Tip 49-2009: Short Sales - New Gov't Rules
The Treasury Department under Obama’s Home Affordable Modification Program (HAMP) has recently adopted sweeping rules to speed up short sales. Some of the changes include: (1) pre-approval of short sale terms by the lender prior to the property being listed, (2) prohibits reduction in the real estate commission, (3) requires the borrower to be released from liability for any deficiency, (4) standardizing of process, documents and timeframes and (5) provides financial incentives to borrows, lenders and investors.
Sounds too good to be true, well it is. There are some “short” comings: (1) new rules do not have to be used by lenders until April 5, 2010, (2) program is voluntary for second mortgages, (3) program appears to only apply to HAMP eligible loans, (4) property must be borrower’s principal residence and (5) borrower’s monthly mortgage payment must exceed 31% of gross income.
At least this is a “first” step in the right direction. It would be great if these new rules speed up the process and allow for early preapproval of a short sale price!! I’ll keep looking for more information; please let me know if you find out anything new as well.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
Sounds too good to be true, well it is. There are some “short” comings: (1) new rules do not have to be used by lenders until April 5, 2010, (2) program is voluntary for second mortgages, (3) program appears to only apply to HAMP eligible loans, (4) property must be borrower’s principal residence and (5) borrower’s monthly mortgage payment must exceed 31% of gross income.
At least this is a “first” step in the right direction. It would be great if these new rules speed up the process and allow for early preapproval of a short sale price!! I’ll keep looking for more information; please let me know if you find out anything new as well.
Please contact me if you have any questions.
William D. Tucker, III
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
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