Sunday, May 19, 2013

If I am current on my loan can I do a short sale?

• If I am current on my loan can I do a short sale?


• I am not behind on my mortgage payment; can I apply for a short sale?

Many people who are not behind on their mortgage wonder if they can apply for a short sale, and if so will they be accepted for a short sale. The answer varies greatly depending on who your investor is for your loan, which I wrote about in a previous article; but in some cases you can be current on your mortgage and still get accepted for a short sale.

Every servicer (usually the entity you make your mortgage payment to) and every investor (the entity that actually owns your loan) have strict guidelines they follow when evaluating someone for acceptance in a short sale program. They will make exceptions for good reasons in some cases, and every short sale is looked at on a case by case basis even though there are set standards and guidelines.

Besides who the investor is on the loan, one of the biggest factors to determine if you can do a short sale if you are current is if you have a true financial hardship. If you need more information on what a bank considers a financial hardship you can go here:http://easternshorehomesolutions.blogspot.com/2012/01/acceptable-types-of-hardship-in-eyes-of.html

Basically, some type of hardship needs to have occurred since you took out the loan that will prevent you from paying even though you may be current. The hardship has to be documented and the bank will look into this pretty thoroughly. One potential exception that is pretty common (although not the only one) is job relocation. Financially you may be relocating to make a higher income, but if you currently own an underwater home and have to move and pay on two residences this potentially could put you into a hardship situation. The bank/servicer is going to look at your full financial picture, and if they feel, based on the information you supplied them, that you do have some type of potential hardship, they may proceed with the short sale even if you are current. The bank is basically looking for a situation they call “imminent default”-meaning that with your current income, expenses, and assets you are going to run out of money at some point and get behind on your mortgage.

Every investor is different and as mentioned above you have to research your investor’s guidelines before starting the short sale process; although I have worked on a few short sales where the investor “bent” the guidelines a bit for a homeowner who was current to get the short sale done.

Recently Freddie Mac and Fannie Mae adjusted their guidelines to look at homeowners who were still current. FHA requires homeowners to be 31 days delinquent at time of short sale settlement (meaning when the buyers actually settle on the home) but I have seen them make exceptions when warranted and documented correctly.

If you do not have a financial hardship this does not mean they will not let you participate in a short sale, but chances are the bank/investor is going to ask you for some type of monetary concession for the deficiency amount on the loan balance vs. what is sells for at short sale.


Fannie Mae and Freddie Mac own a majority of the mortgages in the country so if you have a loan with them you have a good chance of staying current and still doing a short sale. If you would like more information on this subject contact me anytime: brandon.brittingham@longandfoster.com 443-783-3928

Or you can check out my real estate site www.moorebrittingham.com for more information as well.



Saturday, May 18, 2013

WHAT IF I CAN’T KEEP MY HOME?



WHAT IF I CAN’T KEEP MY HOME?



Recently I was interviewed by CCCS one of the best non-profit housing agencies in Maryland and Delaware. They have put together a great educational piece on foreclosure prevention, which I am featured in below.



WHAT IF I CAN’T KEEP MY HOME?

For many of us, homeownership represents the American dream, but for those facing foreclosure, the dream rapidly becomes a nightmare. More than 2.3 million U.S. households received foreclosure notices last year. As the economy is slow to improve, many consumers still spend sleepless nights worrying about how to afford their next mortgage payment. The sooner distressed homeowners seek help, the better chance they have to keep their homes. Unfortunately for some it's already too late. The good news is even these homeowners may avoid foreclosure if they take the proper steps.

Matt Gregory, who serves as a housing counselor at local nonprofit Consumer Credit Counseling Service of MD & DE (CCCS), says that no two foreclosure prevention cases are exactly alike and the options that are available are based on each person's circumstance. Some consumers qualify for a mortgage repayment program or loan modification, making it possible for them to keep their homes. Others lack the financial resources to qualify for these programs. According to Gregory, "People sometimes think just because a friend or neighbor locked into a reduced interest rate or a loan modification, they cantoo. But it doesn't work like that. We help clients make a reality check. If they decide they don't have enough income to keep their homes, there are still options that may save them from foreclosure."

CCCS Housing Manager Tom Simonton believes one of the most important roles his counselors play is offering objective support: "When people come to us for foreclosure prevention counseling, they're often torn. They view their homes from an emotional perspective -- 'this is the place where I've lived and raised my family.' Meanwhile, they're struggling to pay their mortgage. We help them take an in-depth look at their financial situation -- not just the here-and-now, but what their finances will look like a year or two down the road -- then review the options that are open to them. There is no sense trying to remain in a home that's ultimately unaffordable. When options are limited, we help them come to terms with the difficult situation they're in, so they can make an informed decision."

Falling behind on a mortgage and the threat of foreclosure are a frightening prospect for most families, so it isn't surprising that some people are tempted to just walk away from their homes instead of taking formal steps to deal with the situation. CCCS Executive Vice President Lori Jankalski cautions against this approach. "If you simply mail in your keys and leave your home to the lender without seeking prior approval, they will most likely go forward with foreclosure and resale. Once this takes place, you could be in greater financial trouble, because you may be liable for additional taxes or any shortfall if the bank receives less from the resale than what you owe."

Short sale and deed in lieu are two alternatives that may help financially distraught homeowners avoid the stigma of foreclosure. These options both have a less serious financial effect than foreclosure and may even provide consumers with relocation assistance. Gregory says, "The amount of relocation assistance homeowners receive depends on your financial situation and what your lender will approve. These funds make it easier to transition to more affordable housing, because they help cover the cost of moving. Foreclosure offers no such help."

When consumers can't afford to stay in their homes, short sale generally is the next best alternative. Under this option, your lender agrees to accept less than you currently owe on your mortgage and allows you to resell the property yourself. Brandon Brittingham, head short-sale trainer for Long & Foster, says this strategy is often advantageous for both the lender and the homeowner. "Under a short sale, the homeowner is responsible for finding a realtor and placing the home on the market. This saves the bank the time and costs associated with foreclosure, maintenance, and sale of the home. Lenders also generally make 17-to-25 percent more on a short sale than they might if the property goes through foreclosure."

How does a short sale benefit the homeowner? "Short sale has a smaller affect on your credit rating than foreclosure," Simonton explains. "A foreclosure stays on your credit history for up to seven years. A short sale probably won't have the same impact or stay on your credit record this long." Brittingham agrees and notes, "Short sales also make it easier to qualify for a mortgage in the future. Depending on your situation, you might be able to eligible for a mortgage again in a year or two. A few FHA programs allow people to purchase a home even sooner."

To be approved for a short sale, you must meet two qualifications: 1) your home must be worth less than the amount you owe on it. 2) You must be able to show you've experienced financial hardship, such as due to job loss, reduced wages, divorce, or serious illness. Brittingham says, "Proving financial hardship is like offering factual evidence in a litigation trial. It isn't enough just to say you lost your job or got divorced. You actually have to provide a copy of your employment record or divorce degree."

Although short sales generally don't take as long as foreclosures, they can still be time consuming and require a lot of documentation. Brittingham notes, "It's a complicated process. You're more likely to save time and succeed if you work with a realty professional with extensive short sale experience -- someone who is familiar with all the current programs and each bank's different processes. This helps insure that you submit exactly what's needed, so you won't be denied."

Simonton recommends that homeowners also learn as much as they can themselves. "For example, if the short sale price for your home turns out to be less than what you owe on your mortgage, how will the bank handle the deficiency in what you owe? During negotiation, your lender could agree to waive this amount or hold you liable. It's important to know where you stand before you sign a contract."

Deed in lieu of foreclosure is a less common foreclosure prevention alternative. Under this plan, you agree to voluntarily deed your home back to the lender, and this satisfies the default on your mortgage. Gregory says, "Deed in lieu proceedings are relatively rare, because lenders aren't always willing to approve this route." But in some cases, a lender may agree after weighing the time and costs involved in seeking a foreclosure. Before granting approval, the mortgage company may require you to pay for an appraisal and title search to insure there are no additional liens on your property. Like short sale, deed in lieu is likely to have a less lasting effect than foreclosure on your credit history.

Brittingham says that even when clients can't remain in their homes they are best off getting outside assistance as early as possible. "The sooner you seek help, the better chance you have to negotiate a favorable outcome."

CCCS of MD & DE offers free, confidential HUD-approved foreclosure prevention counseling at its local offices and by phone. All of the agency's counselors are certified. Simon concludes, "We think of ourselves as the client. We give honest, unbiased assessments and will stay with you throughout the process." Call 1-866-731-8486 to schedule a housing counseling appointment at CCCS. Visit www.cccs-inc.org to learn more about the agency's services and take advantage of its free, self-paced e-Learning course on "Preventing Foreclosure."

Tuesday, March 12, 2013

How To Keep Your Home From Going To Foreclosure


How to keep your home from going to foreclosure
I get this question from many consumers on a daily basis - I am facing foreclosure, what do I do?
In today’s times this is something that is very common and affects millions of Americans; if you are in this position you certainly are not alone! You now have many options to avoid foreclosure and with the number of options that are out there you should never just let your home go to foreclosure. Letting your home go to foreclosure can have serious ramifications financially and on your credit. The good news is there are many programs, some government-backed, that can help you avoid going into foreclosure.

The most important part of this process is to not wait or ignore the issue! The longer you wait, the harder it becomes to get any assistance from the lender or the servicer; the quicker you take action the better chance you have of getting a positive result.

If you are in a situation where you are facing foreclosure the very first step you should take is to reach out to a professional, depending on what you are looking to do, that represents you and not the bank. Make sure you research the company or professional you reach out to, as there are many scams out there when it comes to seeking help in this situation.

One of the options you may have is applying for a loan modification. The best person to reach out to when it comes to a loan modification is a non-profit housing counseling agency. They can go through the process with you and talk to the bank on your behalf; they are trained on the process and can help advise you on what path to take. Their service is free, as you should never have to pay for help in this situation and in some states like Maryland it is illegal to charge the homeowner. Please be advised that if you want to apply for a loan modification you have to have income that supports being able to pay the modified amount. There are tons of programs that are out there, but be advised that you will be required to provide income documents to the bank which the HUD counselor can help you with. If you need a major loan modification, that may not be possible with all lenders and servicers and you may have to seek other options.

If you have equity in your property meaning it is worth more than what you paid for it, and you are having trouble making the payments, you can sell the property and retain part of your equity. If there is not equity in the property and you feel you need to sell then a short sale should be considered next.

The next best option may be a short sale. If you pursue the option of short sale it is very important you reach out to an agent that is qualified and has significant short sale experience as these transactions are very complicated and you need an experienced agent to help you. A short sale is where the bank will work with you so you can sell the property for less than what you owe on it in order to avoid foreclosure. A short sale has many benefits and all the banks and investors have streamlined the process to help consumers get through the process faster. Here are a few benefits of a short sale:
  1. There are programs available to put money in your pocket to participate in a short sale; sometimes up to $35,000.
  2. Banks are more willing than ever to participate in short sales.
  3. Almost anyone can qualify if there is a financial hardship involved.
  4. Short sales are not as difficult and cumbersome as the media portrays them when handled by a professional.
  5. Short sales are very common and affect millions of homeowners across the country.
  6. There has never been a better time to participate in one of the several short sale programs available.
  7. Short sales can alleviate a huge financial burden.
  8. A short sale can relieve you of debt you could otherwise be stuck with if let your property go to foreclosure





IF you need help or more information on short sales check out my site at www.easternshorehomesolutions.com for more information.

If these two options do not work you could also go through a deed in lieu of foreclosure.  This is where you agree to give the deed over to the bank in exchange for them not going through with the foreclosure on your property. If this is the option you choose, it is very important you work with a qualified attorney to draft up the agreement or review the agreement from the bank to protect your best interest.
These are just a few of the many options if you are in a situation where you are facing foreclosure, but I cannot stress enough that if you are in this situation, DO NOT WAIT. The longer you wait the worse the outcome becomes, the quicker you act the more the bank will be willing to work with you. There are many programs that can help you, and no one should ever have to go through foreclosure, act before it is too late and you will be in a much better position for the short and long term.

Tuesday, February 5, 2013

Chase short sale process and timeline


Chase short sale process and timeline

In an attempt to help more consumers who are facing foreclosure Chase has streamlined their short sale process to expedite the short sale process. We will cover the basics on the process and timeline in this article. Chase will let you start the short sale process prior to having an offer on your property but in order to start the process you have to show a legitimate financial hardship, meaning something has happened since you have taken out the loan that has changed your financial picture. Here are examples of what most lenders and investors accept as hardships:
Hardships to Qualify for a Short Sale:

  1. Loss of employment
  2. Business Failure
  3. Damage to the property(could have been under insured)
  4. Death of a Spouse of wage earner
  5. Death of a non-wage earner-for example- a family member who watched the seller's children and now they have to pay to put them in child care, or they were a financial contributor even though they weren't on mortgage.
  6. Sever illness
  7. Inheritance(inherited an underwater property, cannot pay taxes etc...)
  8. Relocation
  9. Divorce
  10. Military Service 
  11. Payment increase or mortgage adjustment
  12. Insurance or tax increase
  13. Legal separation
  14. To much debt vs income
  15. Incarceration
  16. Combination of above




These are all pretty self-explanatory but you need to remember that whatever the hardship, it has to be documented and provable. If there is an income change you will show it to the lender via pay stubs and tax returns; if it is an illness you will have to provide medical records; divorce - you have to show the divorce decree. Whatever the hardship, the more information you provide to support the claim the easier it is to show the bank there is a true hardship. 

The very first step in the short sale process with Chase is to gather all of the documents needed for the short sale package (we will talk more about what is needed for the Chase package in another post) you can go directly to my website to download their package and get information on what you need. You can get it here: https://www.chase.com/ccpmweb/chf/document/ChaseShortSaleFull.pdf

Understand that you cannot start the short sale process with Chase until they receive your financial package.
To perform a short sale with Chase you will also have to list the property for sale. To avoid time delays you should have most of your financial package together. It is imperative that you work with an agent who is extremely versed on Chase short sales to ensure success in the process.

Once Chase has your package and you have it listed they will verify that you qualify for a short sale and they will set up you up with a “list assist “ professional that will work with your agent to order a valuation on your property and verify all documents throughout the process. The list assist professional will inform your agent of the value range once it is received and will work with your agent until you receive an offer; then it will be assigned to a negotiator who will review the actual offer.

Now that you have an understanding of the setup of the process here is some information on timelines based on who the investor of the loan is (meaning who actually owns the loan). Please note that these timelines are based on after the bank has received a complete package from you. Please also note that a short sale can be “pre-approved”.

Chase short sale timelines based on investor:

FHA backed mortgage 45-60 days from receipt of complete offer
Fannie-Freddie backed 60 days for approval
USDA 60-75 days for approval

Portfolio owned (meaning Chase owns the loan) 45-60 days although these are closer to 45 days as Chase does not have to get approval from the investor when they can make the decision in-house.
In order to meet these timelines it is important that you and your agent start the short sale process prior to having an offer so that your documents can be reviewed and your eligibility can be determined since both of these steps have to take place regardless of having an offer in, or not.
Check out www.easternshorehomesolutions.com for more information on short sales and Chase or contact us for more information.

Thursday, January 17, 2013

Chase short sale package for 2013

 Chase short sale package for 2013
One of the essentials when it comes to doing a short sale successfully with Chase is making sure that you have all the correct documents with the Chase short sale package when you proceed down the short sale path. Chase has specific requirements unique to them and requires that a Chase package is filled out and that you also send documents in along with their branded package. You can follow this link and download the actual package that is a requirement from them here:

https://www.chase.com/ccpmweb/chf/document/ChaseShortSaleFull.pdf
Along with all the documents in this package Chase also requires the following:
 Last 60 days of bank statements and they must be complete, meaning no online statements that do not supply the full account number and all numbered pages.

Last two years tax returns, full copies and they must be signed

A financial hardship letter that explains why you need to apply for a short sale

A copy of a listing agreement from your realtor

A copy of your MLS sheet from your realtor

Fully executed and signed Chase short sale package including the Request for Mortgage assistance, 4506 T EZ form and third party authorization.


 

These items referenced above are provided prior to having an offer on the property. It is imperative that clear and legible copies are submitted and the exact documents listed above are provided prior to the process getting started. Chase will not move forward with the short sale process until they have received your complete short sale package, and have reviewed it for completeness. It is also a good idea to number every page and put your loan number on the top of every page as they receive thousands of short sale requests every day and there is a good chance that sometimes your documents could get mixed up.


One of the keys to success with short sales with Chase is to ensure they get a complete package in a timely manner as that is when the process starts. Sending in incomplete or incorrect documents only delays the process and can cause issues with moving the file forward. This is just one of many tips for help with short sales with Chase. For more information contact us anytime or check out: www.moorebrittingham.com for more information on Chase short sales.