Tuesday, August 27, 2013

Fraudulent Short Sales August 26, 2013


Please take the time to read this entire email and all attachments.

Attached are three items that we have discussed in Sales Meetings and have sent out in various emails.

The first is a must read article from a past issue of our CAR Magazine. The article is titled "Fraudulent Short Sales" and covers very specific aspects of fraud that we have discussed several times. Let your manager, Sherry or myself know if you have any questions.

The second is an example of a typical affidavit that a title company and or lender might ask that you and your clients sign to make sure that the transaction is "Arms Length" – meaning that the "Transaction has been negotiated by unrelated parties, either of whom is acting in his or her own self interest and or upon the advice of independent professionals…" Several other terms apply such as (but not limited to) the Seller will retain no further interest in the property (as a tenant or otherwise) and that there are no funds or proceeds of any kind being exchanged which are not reflected on the Closing Statement. Please, READ THE ENTIRE ATTACHMENT.

The third attachment is a Short Sellers Questionnaire which could be very helpful in interviewing a seller who needs to do a Short Sale with their lender.

Please review these!

Thanks for your attention and time to read this material, it’s a reminder of our motto, "Quality, Integrity and Productivity".

Patrick

Registering Clients at Subdivisions


Here are some quick reminders…
 

Anytime you are taking your clients to a new home subdivision/builder remember that:

1.       Before they purchase, they must sign our Subdivision – Confirmation of Non-Real Estate Agent Relationship Disclosure, which is found in London Forms and attached hereto

2.       Simply register your buyer with the builder

3.       If the builder provides you any builder/broker agreement to sign, please do not sign but rather bring back for your manager’s review

4.       Many builder/broker agreements call for or imply an agency relationship between us and the buyer and this is not the case – we are acting in the capacity of a Referring Broker only and will not have any agency relationship with the buyer

5.       Be certain to know the period of time that the “registration” for your buyer is valid.  Most builders are now putting a 30 day limit on the registration of your buyer.  This means that if they don’t buy in the first 30 days, but continue to look at other properties with you and then go back to the builder at some later date, you will not get your referral fee.  Either get an extension on this limited time frame from the builder (in writing) at the time of registration, or schedule your calendar to contact the builder and re-register your buyer prior to the expiration date.

 
Please stay up on all of our subdivisions and what builders are offering.  We need to consider them as part of our “inventory” and make sure that you’re registering your buyers whenever possible – even when they assure you that they don’t want to buy new construction.
 
Good luck!!

Mortgage Forgiveness Debt Relief Act-Update August 1, 2013


See below, which pertains to all marketing for short sales and subsequent short sale listings and sales.

Important Facts:

  1. California homeowners are not yet exempt from the possibility of having to pay state income tax on foreign debt as the result of a short-sale or foreclosure.
  2. Remember, as we’ve discussed, although the Federal Government (IRS) extended the Debt Forgiveness Relief Act through December 31st 2013, the California State Legislature has not officially followed suit. Senate Bill 30 (SB30) was thought to have an easy path for passing earlier this year to allow for the extension of provisions of state law protecting homeowners from having to pay income tax on the "forgiven debt" on a short sale. Unfortunately, the bill was "hi-jacked" and linked to another Bill, SB391, (which C.A.R. opposes (please see attachment)
  3. As Realtors, we are not qualified to give any tax advice to clients. You must inform clients to get any and all tax advice from their tax adviser.
  4. Sellers must be informed that a short-sale may have credit or legal consequences and may result in taxable income to the seller. Seller is advised to seek advice from an attorney, certified public accountant or other expert regarding such potential consequences of a short sale.
  5. Be certain to represent and disclose this information to every seller that this could affect.
  6. Again, please read the attached, which also includes a "Short Sale Proficiencies Fact Sheet" by C.A.R.

Thank you and please see your manager with any questions.

Patrick



Agent as Purchase July 31, 2013


As discussed, you now have a revised “Agent As Purchaser Listing Termination and Non-Agency Agreement” which shall be used whenever a London Associate buys any London listing. To be clear:

 

1.            The “Agreement” is used regardless as to whether the London listing is that of the purchasing agent or one of any other London Associate.

2.            If the purchasing agent is the sole owner of an LLC (or other such entity), the agent shall still complete and follow the terms of this agreement with their personal name as the “Buyer”. On the Purchase Agreement, the   agent shall disclose on page 1, that “Buyer” ABC Investment Group LLC, is owned by Joe Smith (agent name). Our Agency election and confirmation shall be that selling Broker represents Buyer Exclusively.

3.            In the event purchasing agent is a principal/owner in an LLC or other such entity, agent does not need to use the “Agent as Purchaser Agreement,” but will disclose on the purchase contract (other terms) that “Joe Smith” is a Licensed Associate with London Properties and is also a principal in (or “one of the owners of”) ABC Investment Group LLC. Regarding Agency on page 1 of the purchase agreement, the Associate will check “Dual Agency” for both Listing Broker and Selling Broker.

4.            In all of the above, the purchasing agent shall sign an Indemnification to the office.

 

Please let me know if anything is not clear herein; if you have a question, I’m sure somebody else does too!

 

Thank you!

Loan Status Links; Freddie Mac & Fannie Mae June 13, 2013


Don’t forget, a short-sale negotiator cannot, by law, ask us to reduce our commission as a condition of sale approval if the loan is underwritten by Fannie Mae or Freddie Mac. Most loans will be underwritten by one or the other. To verify any loan status, simply visit the following websites:

 

This is the one for Fannie Mae

 


 

This is the one for Freddie Mac

 


 

Thank you,

Patrick

P.S. These sites also now have links from Londonforms.

Important Information - New Form June 13, 2013


When you have Seller Cary Back Financing in any amount, you must add to the contract the standard CAR-SFA Addendum. Note: CAR has added language to the SFA (in paragraph 2) requiring that the Buyer also provide to the Seller a completed FNMA “Uniform Residential Loan Application”. This form must also be filled out in order for the Seller to be informed as to the Buyers ability to pay. The form is now available on London Forms. It is always your duty to provide for delivery of documents required in the contracts. Please do not forget this one.

 

Thank you,

Patrick

Respa Law Excerpts


Where is the Inventory??


WHERE IS THE INVENTORY? That’s the most common question asked in our real estate market today. Although current home buyers and investors know that local inventory is at historic lows, much of the public only remembers hearing of the surplus of inventory caused by the market meltdown that began in 2006.  For the record, local housing inventory peaked in the summer of 2007 where monthly averages were over 5,500 available properties.  Coupled with anemic sales, that market had over 15 months supply of inventory. But that was then and this is now.

According to the Fresno Multiple Listing Service (MLS), as of this May there were only 1,630 active residential listings. This is down 33% from May of 2012 (2,440 properties) and down 55% from May of 2011 (3,580 properties.)  If you see or hear of national statistics, always remember that those numbers can offer a comparison, but real estate markets are local and our numbers can vary significantly. For example, according to the National Association of Realtors (NAR), nationally the number of homes listed rose in May for the fourth straight month. In our local market, however, May brought us the second lowest monthly total of listings since December 2012.

            Historically, real estate markets ramp up their inventory and sales in the spring and summer months, but this is not what we’re experiencing.  May listings were down 5.5% from March and 8.5% from April.  Home sales in May were also down from March and April levels.  In contrast again, on a national level May sales were up 4.2% from April and our market was flat.  Locally, we’re at a point where the inventory is so low that it is starting to affect the number of sales; there just isn’t enough product on the market.

            Our monthly supply of inventory is also down to historic lows.  Of the 1,630 active listings in May, 949 went into contract (“pended”).  This gives us an “absorption rate” of 58.2% and in turn a 1.7 month supply of inventory.  Therefore, it stands that if no more homes were listed, we would be completely out of inventory in 1.7 months.  Further supporting our tight market is that the average number of days on market before a home sells has gone from 66 days 2 years ago, down to 45 days (for April and May.)  This is a drop of 32%!

            According to NAR, a “balanced” market would have about 5-6 months supply of inventory. Any more than that and we start to get downward pressure on prices and when the number falls to 4 months or lower, we begin to have noticeable price increases.  Some relief is coming from builders who are adding to the inventory with increasing in housing starts. According to the California Homebuilding Foundation, there were 782 permits pulled for residential housing starts in Fresno County for the first quarter 2013.  This compares to 483 for the first quarter of 2012 and to 239 for 2011.  Builders, however, are likely to remain cautious and these increases aren’t enough to meet market demand.

So, is this a good market for buyers or sellers?  The answer is both.  Buyers should not expect inventory to significantly change any time soon.  The second large wave of foreclosure inventory never came in 2011 nor 2012, nor does it appear to be anywhere on the horizon.  Some foreclosed properties will continue to move through the market, as well as short sales, but the overwhelming majority of transactions are currently “traditional” sales with sellers who have equity!  In fact, of the approximate 1,600 available properties today fewer than 14% are represented in the MLS as foreclosures or short sales.

            Buyers have an opportunity right now to still lock in a 30 year loan at historically low interest rates, but this window is closing.  But that’s not the only reason for buyers to get off the fence. While Economists argue about the sustainability of current price increases, most do at least agree that prices will continue to inch up.  Standard and Poors recently upgraded their 2013 forecast for the S&P/Case Shiller Home Price Index to an 11% year-over-year increase from their original 8% prediction earlier this year. Now is the best time to buy. Anyone who delays will most likely face higher prices and higher interest.

Here’s a few suggestions for buyers: be patient, if the home you’re looking for is not yet on the market, we’ll find it for you.  Use a great mobile site like londonproperties.com, save it to your phone’s home-screen, and anytime you want to know the specifics on an available property listed with any broker, go to London’s site.  Get qualified with Royal Charter Mortgage so that you strengthen the position of your offer by providing the seller up front with your financial verification.  Be prepared to act fast and make your first offer your best offer. Most Sellers today are receiving multiple offers, so you’ll have only one chance to make yours stand out above the rest. Offer a large deposit and a short escrow. Know what’s important to the seller and make your terms as favorable as possible. 

 As a seller you have what you didn’t expect a year or two ago; a market with double digit price increases.  Low inventory is helping to make this possible but this won’t last.  And if you’re a seller that will require a short sale from your lender; remember that the Mortgage Forgiveness Debt Relief Act is set to expire December 31, 2013.  The Act benefits underwater homeowners who owe more than their home is worth and who qualify to receive mortgage debt forgiveness as a result of a reduction in principal, foreclosure, short sale, or deed in lieu of foreclosure.  Sellers who sell become buyers themselves. As a Seller, the longer you wait to make a move, the more you are likely to pay in both price and interest for your next home. In other words, the sooner you sell, the better off you’ll be in the long run. 

            Whether you are a buyer or a seller now is the time to make your move!

If you’re not convinced yet, read our next article in this same section tomorrow!