The Mesquite Nevada Real Estate Blog

Mesquite NV Short Sales and the IRS tax credit - a binding contract is needed

Mesquite NV Short sales and the 8000 first time buyer or 6500 repeat buyer tax credit - what constitutes a binding contract?  A signed contract with both buyer and seller in agreement has usually been considered a binding contract.  The deadline to have a binding sales agreement to qualify for the tax credit is April 30th.  A short sale agreement is between the buyer and seller - the bank's approval of the short sale is a contingency.  The question is:

Does IRS consider a short sale contract a binding contract?

Will IRS allow the buyer, who has a contingent contract on a short sale, to take the tax credit if the bank has not approved the sale, even if the transaction closes before the June 30 deadline?

Lola Audu asks the question on her article: 

Racing to Meet the Deadline....What Constitutes a 'Binding Sales Agreement' when Your Short Sale Approval Occurs AFTER April 30th?

 

Via Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate:

thinking womanI get a lot of e-mails.  I'm sure most of you do too.  However, from time to time, I'll click on an e-mail which looks like it may qualify as spam just out of sheer curiosity.  This e-mail arrived courtesy of Wells Fargo, a company which is currently processing tons of short sales.  It's excerpted below: (italicized bold portions are my additions)

 

********************************

April 30 is quickly approaching

 

The homebuyer tax credits have been pivotal in helping move inventory.  At this time, it appears that the government will not offer another extension.  Any first-time or move-up buyer who is interested in taking advantage of the tax credit must have a binding sales contract by April 30, 2010 - with the home purchase completed by June 30, 2010.  Our team is ready and eager to help your clients meet this deadline.

 

Short Sales remain significant factors in today's marketplace, allowing more prospective buyers than ever to become homeowners.  Because these transactions are more complex, it is imperative that real estate and lending professionals work efficiently as coordinated teams to help our customers.  To this end Wells Fargo has created a step-by-step REALTOR® Short Sale Guide, which you can access here.


We are committed to accelerating the short sale process.  In fact, for those loans we hold in our portfolio, we have already undertaken efforts to streamline the sales approval process.  The majority of the loans we service, however, are owned by other investors.  So in many cases, Wells Fargo must obtain the approval of the first and any second mortgage investors.   Our goal in these situations is to move the process along as quickly as we can.


****************************

The Question?

 

Is the definition of a binding sales agreement referencing the agreement between the buyer and seller applicable when a bank must approve the sale for the transaction to close?  In this case, the e-mail seems to intimate that the binding sales agreement includes their clearance of first and second mortgages.  

 

A subsequent call to another senior loan officer confirmed my uneasy suspicion.  This loan officer also agreed with the position that states that the sale is NOT binding until the bank signs off on it! There may be a significant disagreement about what constitutes a binding sales agreement for the purposes of the buyer's ability to legally claim the Tax Credit.

 

What's at Stake?

 

For the real estate community, a binding sales agreement occurs when there is a binding agreement between buyers and sellers.  The approval by the mortgage company is viewed as merely another contingency to the contract.

 

If the alternate view expressed by some lenders is ever deemed to be the correct definition of a binding sales agreement, this could prove troublesome for many potential home buyers who are staking their claims on homes which will require short sale approvals that may not be delivered prior to April 30, 2010 although they have an agreement with the seller AND may be able to close prior to June 30, 2010.

 

Curious...

 

What are your thoughts on this?  Has anyone explored this issue with the tax authorities? 

 

 

Lola Audu, CRS, GRI e-Pro ~ Audu Real Estate

Lola Audu, is the Designated Broker & Owner of Audu Real Estate.  Our company specializes in helping people buy and sell homes in the greater Grand Rapids, West Michigan area.  We've had the privilege of helping hundreds of clients succeed in their goals of purchasing and selling property including demonstrated success in the negotiation of Short Sale Transactions. You can contact us via e-mail @ info@auduhomes.com or by phone at 616-791-0511. 

Twitter feed for Lola Audu     Auduhomes on Facebook     Lola Audu's photostream on Flickr 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Homeowners - Upside Down on Your Home? – Here’s Your Playbook

Many Mesquite Nevada Homeowners owe more money on their home than it is worth - there are options available to help.  Charles Dailey has written this extensive article outlining 9 possible solutions for homeowners who are upside down.  You do not have to be in default on your loan to take advantage of some of these options.

Thank you Charles - a lot of work to write this article to help many people!

 

Via Charles Dailey (iLoan):

In my home state of Minnesota, Minneapolis and Saint Paul have nearly 39 percent of homeowners under water.   I've had the question, "I'm upside down on my home, what are my options?" so many times that I wanted to prepare a menu of options for people to reference.  This article briefly outlines 9 potential solutions that may serve you well.  The target audience here is not necessarily someone who's in default on their loan but simply one who owes more than the home is worth.

All too often, when one is upside down on their home and/or struggling with their mortgage, they reach out for one to three options that they may have heard about on the news or from a friend.  What homeowners should be doing is seeking the advice of qualified real estate agents, real estate attorneys and a skilled loan officer.  But, . . . before a homeowner picks up the phone, there's a lot of homework to do!  Before one calls the professionals, they'll just be spinning their wheels until the following items are ready:

  1. Know your address.  You may know it to be one thing but for these purposes, your address is whatever http://www.usps.gov/ tells you it is.  So go to this website, click on "find a zip code" and type your address.  The postal service will then give you the address it has registered for you.  This is the address that Fannie Mae and Freddie Mac use so it would serve you well to do the same.
  2. Collect your financial documents.  Whether you're working with a loan officer on a loan, a Realtor on a short sale or an attorney on a bankruptcy or modification, they'll all need a complete set of your financials.  This includes 09 and 08 tax returns, W2's and 1099's.  If you're self employed, you'll need 2009 and 2008 tax returns from your business.  If you haven't filed your 09's, get it done.  You'll also need copies of your most recent paystub, most recent bank statement, most recent statement on any retirement accounts, and a copy of a mortgage statement on each mortgage you have.  Getting these documents scanned to image documents such as Adobe Reader can really speed things up.
  3. Collect your legal documents.  It would be wise to, at the very least, have a copy of your mortgage note.  If you are planning on meeting with an attorney, it would be much better to have your entire closing package.  This should have been provided to you by the title company that closed your loan.  Again, getting these documents scanned to image documents such as Adobe Reader can really speed things up.
  4. This isn't necessary, but it's wise.  Get a copy of your credit report at http://www.annualcreditreport.com/ (this site is truly free and not a scam).  Knowing the content of your credit will help you write letters of explanation if you're doing a mortgage loan or a hardship letter if you're doing a short sale.

Getting this done is arduous but it will prove invaluable to those you ask for help.  Now you're ready for that menu of options:

  1. Fannie Mae DU Refi Plus - If your loan is owned by Fannie Mae, you may be entitled to refinance up to 125% of your home's value.  You can get a loose idea of what your home is worth at http://www.cyberhomes.com/.  To see if your home is owned by Fannie Mae, go to http://loanlookup.fanniemae.com/loanlookup/ and enter your address as it appeared at http://www.usps.gov/.  If it is owned by Fannie Mae and you owe less than 125% of the value of your home, you may be eligible for this loan.  The rates are slightly higher than normal advertised rates because of pricing add ons but they are close enough to market rates to be a heck of a deal.
  2. LP Open Access - If your loan is owned by Fannie Mae, you may be entitled to refinance up to 125% of your home's value.  You can get a loose idea of what your home is worth at http://www.cyberhomes.com/.  To see if your home is owned by Freddie Mac, go to https://ww3.freddiemac.com/corporate/ and enter your address as it appeared at http://www.usps.gov/.  If it is owned by Freddie Mac and you owe less than 125% of the value of your home, you may be eligible for this loan.  The rates are slightly higher than normal advertised rates because of pricing add ons but they are close enough to market rates.  This program will not let you finance more than 5 thousand dollars in closing costs and prepaids so if your settlement charges exceed 5 thousand, be prepared to bring cash to closing.
  3. FHA 115% Write Down Refi - This one doesn't have a name yet so I just made that up.  It's a complicated program and I'm not sure how successful it will be.  Essentially, if you're refinancing a non-FHA loan, you'd take a loan out at 97.75% of your home's value.  A balance may be subordinated to the first mortgage thus becoming a 2nd mortgage but that loan may not exceed 115% of the homes value.  For any of this to happen, the existing lender/s must write down their loan balances by at least 10%.  Here is the announcement for this program.  You must be current on your mortgage to qualify for this loan.  A history of late payments will likely disqualify you for this loan.
  4. FHA Short Refi - This one is a little simpler.  Essentially, you get preapproved for a 97.75% loan to value FHA refinance.  This loan will support a certain amount to be paid to your existing lender.  Whatever the loan can't support, assuming you can't come up with the difference in cash, will have to be written off by your existing lender.  You'd be surprised how many lenders are willing to do this (I know I have been).  This was officially permitted by HUD in December of 2009.  You must be current on your mortgage to qualify for this loan.  A history of late payments will likely disqualify you for this loan.
  5. Modification - You do not necessarily have to be in default to get a loan modification.  If you've had any kind of hardship (i.e. involuntary reductions of income or unavoidable increase in expenses that indicates that you might go into default and you feel that you owe so much on your home and at such poor terms that you're losing your incentive to repay, that might be enough to qualify.  Many people have their own opinions on this and I don't assume that mine is the best but I don't recommend contacting your lender directly as a starting point for a modification and I don't recommend calling a pay for hire service either.  I recommend calling 1-888-995-HOPE (4673) to speak with a HUD approved counselor for free.  They will conduct an interview and serve as an initial intermediary between you and your lender.
  6. Chapter 11 Bankruptcy - It's expensive, it's a long and hard process but unlike Chapter 7 and Chapter 13, a judge can order a mortgage modification under a Chapter 11 bankruptcy plan.  It is the most flexible type of bankruptcy and is thus difficult to explain.  Consult an attorney with specific Chapter 11 experience.
  7. Deed in Lieu - This is where the owner of a property deeds the property back to the lender to avoid foreclosure.  Obviously, this only makes sense if you want to get out of the situation quickly and don't want the house anymore.  I highly recommend the assistance of an attorney in this to ensure that the act of deeding in lieu serves as payment in full of your mortgage to prevent both damage to your credit and the potential of deficiency judgments
  8. Short Sale - A short sale is where a homeowner and lender cooperate to sell a home in a situation where more is owed on the home that the house is worth.  The buyer and their Realtor prepare the home for sale and market it and in exchange, the lender writes down the balance of their note to facilitate the sale.   It is less costly that foreclosure so lenders are typically willing to do this.  Often times, with the help of a good Realtor, damage to your credit can be ameliorated.  When choosing your agent, make sure they have a lot of past experience with short sales, are aware of what is changing in short sales and, preferably, they have done short sales that involve your current lender.
  9. Foreclosure - Now I hesitate to even mention this but a fact is a fact.  Foreclosure is an option.  If you're upside down and you can't make your payments, sometimes you just have to let go.  Too many people think the sheriff's sale is the end.  It's just a step in the process.  Although it varies by state, foreclosure is usually a 9 month process.  So, 9 months of living there and then you move out.  It's an ugly option. . . but it's an option.

When we are under stress, we often reach for the first or easiest option that might get us away from the cause of that stress.  In the case of the underwater homeowner, that can be a huge mistake.  Few know how many options they really have and, if these options are weighed carefully, they can learn that with some effort on their part and the help of qualified professionals, they can get away from their problem with a good solution in hand.

Please remember that all four of these loan types are very difficult and consequently, you'll need an excellent loan officer.  Managing your legal risk in a deed in lieu situation or conducting a Chapter 11 requires a seasoned and sophisticated attorney.  Proper execution of a short sale is both a science and an art so, if that's the route you take don't make a quick decision on a Realtor.  Just because they advertise as a short sale expert doesn't make it so.  Choose your professionals wisely, be deliberate in choosing the solution that you want and be organized and you'll find that you're closer to being stress free again than you think.

My heart goes out to you for your situation and, . . . if misery loves company, . . I'm right there with you!

Charles Dailey

612.234.RATE (7283)

charles@charlesdailey.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite Nevada Shortsales - Golfcourse Views on Falcon Glenn home for sale

Mesquite NV has many subdivisions with homes for sale on golf courses.  This home at 846 Falcon Glenn Dr is in the Falcon Glenn golf course community on the north side of Mesquite and is a short sale listing for $235,000.  This is a highly energy efficient home built in 2006 by Ence Homes and is right on the Falcon Ridge Golf Course.

The amazing backyard views of the Falcon Ridge golf course are even visible from all of the back windows of this short sale home for sale in Mesquite.  Over the golf course greens you can view the southern mountain ranges with colorful views of the sunrise.

This short sale home features a spacious great room and open kitchen with over sized tile laid throughout all of the living areas, dining, kitchen, laundry and baths.  The kitchen is upgraded with black appliances, knotty pine cabinets and 3cm granite - a large granite breakfast bar separates the kitchen from the living area and full size dining area.  The huge tiled laundry room is conveniently located between the 3 Car garage and kitchen.

Not just a view lot, the back and side yards are large enough for a pool with room for RV or boat parking, too.  The low Home Owner's Association fee of $85 per month includes front and side yard maintenance.

Short sales in Mesquite NV are not as plentiful as in many areas - with some light cosmetic repairs and some polishing up, this Mesquite home for sale under $250,000 is a bargain.

Virginia Hepp
ERA Brokers Consolidated
Mesquite Chamber of Commerce Member
702 622-1177

for info about Mesquite NV Shortsales and Foreclosures:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Short Sales - Chardonnay Townhome - Already Approved by Bank

This Chardonnay Town Home for sale at 241 S Grapevine in Mesquite NV is already approved by the bank for a short sale at this low price of $115,000.  Must be a quick sale - approved to close by May 15.

Townhome for sale in Mesquite NV

UPDATE : This home has been sold - call me for info about more Mesquite NV townhomes for sale.

  • 1419 Sq Ft - Built in 2005
  • 3 bedroom/ 2 bath
  • Open Kitchen with breakfast bar
  • Great Room
  • Large Master Bedroom with walk in closet
  • Master Bath with walk in shower
  • Inside Laundry Room
  • 2 Car attached garage
  • Low HOA fee of $75 per month covers front yard landscaping
  • Back Covered Patio with ceiling fan
  • Privacy block wall with views of the mountain tops
  • Short Sale

 


Virginia Hepp
ERA Brokers Consolidated
Mesquite Chamber of Commerce Member
702 622-1177

 Mesquite NV homes for Sale

Chardonnay townhome in Mesquite NV is already approved by the bank for a short sale.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Foreclosure Properties - FHA 203K Renovation Loan for a Rehab

Not just for first time home buyers - If you are looking at Mesquite NV foreclosure properties that need renovation, repair or upgrades, but have just enough cash for the low down payment and closing costs to buy a home with an FHA loan - Here is an opportunity for someone who wants to buy a bank owned foreclosure property or any home that is approved for an FHA loan.

FHA Renovation Loan Mesquite Nevada

 

When you buy the home and finance it with an FHA 203(K) renovation loan - the costs to rehab the home can be included in the loan amount.

The money to fix up your new home is held in an escrow account to be released in stages after close to do the repairs and approved renovations.

You might need to replace the carpet or roof, or it might be that a new water heater is needed.

The home must be at least one year old and estimates will be needed by certified and licensed contractor.

 

If you would like a MLS list of Mesquite NV foreclosure properties for sale emailed to you - fill out the short form to Search Mesquite NV MLS and check the foreclosure box.  You will receive a list of current foreclosure properties for sale in the Mesquite MLS.  You will also get email updates sent to you as new foreclosures are listed in the Mesquite MLS - opt out any time and your information is never shared. 

Jason Sardi gives his ideas in his article about the FHA 203(K) Renovation Loan:

Via Jason Sardi, Mortgage Banker (FHA-VA-USDA-Conventional-Pennsylvania Loans):

This should lead it off quite nicely:)

Back in my early days of lending, I recall quite vividly the very first Rehab Loan I did.  While I did some legwork in actually knowing the ropes of that particular product before advertising the bejesus out of a very niche loan, I still was caught like a reindeer in some oncoming car's speeding headlights when trying to get them closed in a streamlined sort of fashion.  And then, I had it mastered.  As my particular luck would have it, most of those programs disappeared shortly thereafter.

The echoes in the back of my head rang of a long-lost product I had only heard about and most of what I heard were borderline horror stories.  The FHA 203(K) loan reared its mysterious head and stared me in my wide-eyed glance.  I gotta admit, there was major hesitation on my part in even wanting to get involved in such a misunderstood product.  I knew little about it and wanted to concentrate more on the Conventional sort of stuff that I grew up with in the industry... at least at that point.  Hey, of course I want to corner the market, but not at the risk of looking like an incompetent SOB at the end of the day.

Then, I encountered experts in that very product.  I figured, let's roll repair.

After doing more homework than my combined High School & College Education would vouch that I did back in the day, I chose to go after a market that just may make a dent in not only enhancing the housing market... but the very neighborhoods we live in.

This is just a taste of the FHA 203(K) Renovation Loan!

  • Add a deck or porch, makes for one heck of a Summertime BBQ.
  • Upgrade the electrical system and avoid reading overdue utility bills under candlelight.
  • Modernize the kitchen and watch the The Food Channel in a comparable stadium.
  • Replace a furnace and heck, it's a furnace.  You really don't want that entity breaking down anytime soon!
  • Paint the exterior and/or interior.  Yours could be the only lavender house in the neighborhood:)
  • Install new carpeting.  There's nothing like getting rid of stained residue from a German Shepard you never owned.
  • Remodel a bathroom.  Hey, might as well let loose of your naked body in comfortable surroundings!
  • Replace roofing and/or siding.  There were 58 mile per hour winds in Pennsylvania today, that stuff may come in handy.
  • Refinish wood floors.  That's a big selling point for yours truly.  I adore wood floors and have an aggressive amount of ShamWow merchandise to prove it:)

Program Features:

  • Low down payment
  • Buy and remodel a home with one mortgage!  You can finance the purchase plus the cost of the improvements with one monthly mortgage payment.
  • At least $5,000 in repairs needed to qualify for the 203(K) Loan.
  • They can be used for owner occupied 1-4 unit family dwellings.
  • Closing takes place before the improvements/repairs are made.
  • Money for the repairs and renovations is held in an escrow account and paid out after each phase of work is completed, inspected and approved.
  • By the way, they are fixed rates!

Consider this the teaser post to the taste buds of home renovation lending.  Yup, I'm your proverbial appetizer.

 

Jason Sardi

Mortgage Consultant

1-866-262-8720 ext. 229

jsardi@ihmci.com

Located at our Allentown, Pennsylvania office.  Pennsylvania Based Mortgage Banker/Broker whose area of service include PA, NJ, NY, CT, DE, MD, VA, SC, FL, MI and IN.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Foreclosures - Cramdown is exactly what it sounds like...

Mesquite NV Foreclosures - House Democrats unveiled a wide-ranging bill on Monday evening to prop up the housing market and most contentiously, empower bankruptcy judges to modify mortgages.

The bill includes a "cram down" provision that allows judges to write down the principal and interest payments for a homeower's primary residence, something strongly opposed by the financial services industry and mortgage lenders.  more about the cramdown bill from thehill.com

If the value of your home has decreased below your mortgage balance, and you are still current on your payments, you might qualify to refinance your Fannie Mae or Freddie Mac loan.

The whiteboard video below from Marketplace.com explains what a Cramdown is:


Cramdowns from Marketplace on Vimeo.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Foreclosures - BUYER'S GUIDE TO BUYING A BANK OWNED - FORECLOSURE PROPERTY

Mesquite NV short sales and foreclosures -  the number of Bank owned (REO) properties for sale in Mesquite is increasing steadily.  Mesquite does not have the high percentage of foreclosure listings that Las Vegas does but there are plenty of opportunities for a buyer here in Mesquite.  This should help in finding out how to buy a foreclosure property in Mesquite.

The following Buyer's Guide is provided thanks to Aaron Gordon - a Nevada Home Loan Consultant.  His team has developed a comprehensive guide to buying a foreclosure property to explain the process and show a buyer how the foreclosure sales work.

If you would like a MLS list of Mesquite NV short sale and foreclosure properties for sale emailed to you - fill out the short form to Search Mesquite NV MLS and check the foreclosure box.  You will receive a list of current foreclosure and short properties for sale in the Mesquite MLSYou will also get email updates sent to you as new foreclosures and short sales are listed in the Mesquite MLS - opt out any time and your information is never shared.  If you want just Mesquite foreclosure property listings, not short sales, just type in FORECLOSURES ONLY in the 'additional information' box.

Via Aaron Gordon, Home Loan Consultant, Las Vegas, NV (Home Loan Consultant):

 

 

My team recently developed this Guide for our buyer's who are buying bank-owned properties for the first-time.  I thought I would share with you as well.  I hope it helps. 

THE BUYER'S GUIDE TO BUYING A BANK OWNED OR FORECLOSURE PROPERTY

In today's Real Estate market, in my city, nearly 80% of the home sales are bank-owned foreclosure properties commonly referred to as Real Estate Owned (REO) properties.

Buying an REO property is very different from closing on a traditional buyer/seller transaction.  The process is much more cumbersome and several entities are involved in the REO transaction. 

This can create more time and challenges for each of these entities to perform their function. 

REO homebuyers can get frustrated during the process.  Since the REO phenomenon started, customer service scores in title, escrow, banking and real estate have plummeted.

Together with my team, we have developed this short, simplified guide to help you better understand the REO transaction process.  While this guide will not change the way the transaction occurs, it may help avoid surprises. 

Buying an REO is a great way to save money and get a fantastic deal.  Just be prepared.

What is an REO or bank-owned property?

A property acquired in foreclosure and now owned by the bank that foreclosed on the property.

How did this property become an REO?

The last owner of this home was not able the mortgage payments.   The mortgage note holder seized the property and evicted the owner.  In some cases, the bank attempted to auction the property and pay off the existing liens and mortgages.  If that was not successful, the bank was then deeded the property by the Trustee.  It is now an REO property.

How do banks sell REO properties?

The banks are not in the real estate holding business so they must sell these homes.   Because most foreclosed properties are not successful at auction, REO properties have flooded the market. 

In any market, if there is an OVERSUPPLY the market will depreciate.  Because of the depreciated market, the banks are going to take a substantial loss on the property.  They have independent, professional real estate agents that assist them is marketing and selling their REO inventory.   The banks also assign asset managers who work closely with these agents.

How do banks price their REO properties?

When a bank takes over a property, they conduct their own due diligence to get an accurate depiction of the homes worth.  They put forth a team of people to assess the current market value of the property through Real Estate Broker Price Opinions (BPO) and in some cases full property appraisals. 

Based on these findings, they typically price the home within 10% of the current market value.  Of course, there are always rare exceptions.  Banks are in business to make money.  If they cannot make money, they need to minimize their losses.  Banks are looking for a certain "net amount" on each particular property. This "net amount" is based on their research of the current market value minus costs associated with the property.  They have priced the home sell quickly but as close to market price as possible. 

Many buyers make the mistake of thinking the bank is desperate to get rid of the property.  They believe they can submit a low-ball offer and expect to get an acceptance or at least a counter-offer. Think again!  Low-ball offers (below 10% of list price) are not typically taken seriously.  They may be a waste of your time.  Worse yet, you may be perceived as an illegitimate buyer.  Banks own many homes in the same area, so this could adversely affect future offers you make on other properties owned by the same bank or listed with the same agents. 

Be reasonable.  Do your research with your agent and determine what the home is really worth.  Make your offer according to value, not to list price. 

How do I find an REO property?

There are thousands of REO properties in our market.  There is only one way to effectively research them all in a timely manner...hire a professional real estate agent.  The seller, upon the successful completion of the transaction, typically pays for the buyer's agent commission.  This will cost you nothing, but may save you thousands. 

Are REO properties damaged?

Some are.  Many are not.   It is important to inspect the home yourself before making an offer.  Once you have viewed the property, consult with your lender about the damage the home has, if any.  

It is equally important to have a professional home inspector inspect the property before you commit to purchasing it.   Your real estate professional will refer you to a top quality home inspector.  When the inspection is completed, your lender will likely need to review a copy of it. 

Many loan programs will require repairs to be completed before you close escrow.   If you do not have the money to do this and the selling bank is not willing to make these repairs, you may need to find another home. 

What does "As-Is" mean?

Nearly every bank-owned property today is sold "as is."   You will have to sign a waiver that states you are willing to accept the home like this.

If a bank is marketing their home "as is", there is a possibility that the home needs repair and they are not willing to make them.  Have your Real Estate Professional give you a thorough run down on what "as is" means to you during a transaction and once you have closed on the property.  In addition, consult with your lender before making an offer on an "as is" home.   Not all loan programs will allow you to buy a home that needs substantial repairs.

I am ready to buy an REO property, what do I need to do to get pre-qualified?

If you make an offer on a bank-owned property, they may require you to be pre-qualified with a home loan consultant from their own bank.  They do this for two reasons; assurances and opportunities. 

They want assurances that you are truly qualified to make an offer.  While you may be pre-qualified by another lender, they will want to review your credit, income and asset scenario in their own systems.  It is not negotiable in most cases and the banks will not consider your offer without a pre-qualification letter from their own institution. You are not required to use this bank for your new mortgage loan; you just need to be pre-qualified through them.  If this is unacceptable to you, you may want to reconsider making offers on bank-owned properties. 

Second, they want to create a business relationship opportunity with you.  Banks are in the business of making money.  Do not let this discourage you.  This is truly in your best interest.  Many times, the Home Loan Consultants from these banks have been authorized to offer discounts and other incentives if you proceed with a loan from their bank. 

In many cases, the bank is taking heavy losses on the property.  If they can recapture the mortgage loan, at least it is not a complete loss.  This creates an opportunity to parlay the great deal you got on the home with a great deal on your mortgage as well.

I am pre-qualified and ready to make an offer.  What is next?

Your offer is submitted to the listing agent.  The listing agent may have to submit to the Asset Manager, who works for the bank, and this is where the negotiation happens.   It may take a few days for a response.  Be patient.   Do not bother writing in a short deadline for the seller to respond.   They may not pay attention to it.

The bank will likely respond in the first 48 hours.  Some banks take 3 - 5 business days.  Once again, be patient.  This is not your regular seller. 

You will not get a response over the weekend or holidays.  All offers submitted over the weekend will be presented the following business day.

As a rule of thumb, REO listing agents will tell you if you make an offer and do not hear back within five business days, the offer has been rejected.   Do not wait around for the rejection or the counter.  It may never come.  Come back with a better offer or find another property.

What does "bring my highest and best offer" mean?

If the bank gets multiple offers, they may go back to all of the potential buyers and ask for each buyer's highest and best offer.  This means come back with your best offer, as the bank will choose one at this point.  In many cases, the bank will not return counter-offers after they have requested this. 

If you are presented with this opportunity, it means you are in the running.  You now have one more opportunity to increase the price or better the terms of your offer.  You can choose to do nothing at this point but it may not get you anywhere.

I made a list price offer but they didn't respond, what gives?

Many REO properties, especially those listed below market value receive multiple offers.  Some houses sell far above list price.  The bank is like any other seller in the market.   They can choose not to accept your offer if one comes in they think is better than yours is.  If you offer list price and ask for your closing costs to be paid and another buyer offers list price and doesn't seek closing costs, the other buyer's offer is stronger.

How long will it take to complete my transaction and move into my property?

Traditionally, buyer and seller contracts are 30 days.  However, this is not a traditional buyer/seller transaction.  In today's REO property market, many buyers feel more comfortable with 45-day closings.   Many banks have late fees of $100 or more per day past the contracted close of escrow date.   These fees add up quickly so it is important to understand what problems can arise that may make you late.

What can make me late?

Aside from the regular loan process, which definitely takes longer in today's stricter lending environment, there are many challenges unique to REO properties.

When the previous owner of your new home was foreclosed on and the bank took possession, a "Trustee's Deed" was issued in the bank's name.  If this process is not executed properly, it may cause delays when the county is trying to record the deed into your name.  There is little that you can do about this except wait until it is corrected.

If a Home Owner's Association (HOA) manages the community, your title company will request an HOA demand on the property.  This demand will ensure that the bank pays any association fees and fines at close of escrow.  If they are not paid at closing, they will transfer with the property into your name and will then be your responsibility.  This can take a lot of time and be complicated but is necessary that it is done and done correctly.   For more details, ask your escrow officer.

For the most part, if the close of escrow is delayed by problems that are out of your control, the bank should not penalize you.  Just be sure to do your part in a timely manner, and you should be ok.

I am in escrow and we discovered a bunch of repairs that need to be made to the home...what do I do now?

Many people that have lost their homes to foreclosure have been struggling financially.  This usually means the home has not been kept properly and is in need of repairs and general maintenance.  Other homeowners, once they know they are losing their home, damage the property on purpose.

When buying an REO property, you must be prepared to do some repairs.  Banks may not agree to make these repairs.  They may not pay for these repairs.  This may require out-of-pocket expense for you. 

They may be willing to help with some, but do not plan on it.  Know what you are buying before you make your offer and be prepared to spend some money for repairs before you move in.

In most contracts, you can back out of the purchase if you find problems with the property or in loan qualifying in a certain time period.  This is called the due diligence period.  Make sure you know how long this due diligence period is when entering into a contract.  Complete all inspections within that period so you can make an informed decision on whether or not to proceed with the purchase.  It is important to respect these deadlines because they are strictly enforced.

Some repairs will be obvious when you visit the property.  Others may be identified during the property inspection and the appraisal process.  The inspector will identify repairs issues and may be able to give you a written estimate of the cost to repair the property.  In some cases, an appraiser may also call for repairs to the property to bring it up to livable or safe condition. 

Identify these issues quickly so you know what you are facing and have the opportunity to cancel if necessary.  Again, this will help protect your deposit money. 

Reconsider buying a bank-owned property if you barely have enough money for the down payment and closing costs unless you have arranged for repairs with the seller.

I have signed my loan docs and I am still waiting for my keys.  What is taking so long?

Just like you executed many documents at your loan signing, the seller has a stack of closing documents to sign as well.  Remember, the seller of your home is a bank or some other financial institution.  It may take the representative who is authorized to sign off on these documents days or even weeks to get around to it.   Your trusted and skilled escrow officer will make sure to stay on this for you.

So, there you have it.  Complicated?  Yes.  Frustrating?  Sometimes.  Time-consuming?  Quite often.

At the end of the day, hopefully, you are getting a new home for you and/or your family at a much-discounted deal so it will all be worth it.  

The best tip we can give you is to remain positive and be patient.   Expect the challenges.  There will very likely be some.   Together with your professional real estate agent and experienced escrow officer, we will all do our very best to get you through it successfully.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Short Sales - Foreclosures - Short Sale Financial Worksheet Information

Short Sales and Foreclosures used to be on the horizon for Mesquite Nevada.  No longer - they are here!  We have been hearing Las Vegas foreclosure stories - over 50 % of homes sold in Las Vegas lately have been foreclosures and short sales, yet less than 50 % of listings are REO - Bank owned homes.  Now we are seeing more foreclosures and short sales in Mesquite NV.  The notice of default lists are getting longer, the number of bank owned homes is getting higher and growing quickly.

As of today, the Mesquite NV MLS shows 343 active listings for single family homes, townhomes and condos for sale in Mesquite.  Of these 343 homes for sale, 48 are in the short sale or foreclosure category.  Approximately 12 % of the homes listed in the MLS are categorized as short sales or REO - bank owned homes.  More listed homes are actually short sales, but have not been categorized properly, as yet.  This is a problem - buyers need to know, when making an offer, if it is a short sale or about to be another Mesquite NV foreclosure.

To avoid a foreclosure, a homeowner or their real estate agent may be able to arrange a short sale - an agreement between the homeowner and their mortgage holder.  The mortgage holder must agree to take less than what is owed on the property.  Most banks will not even negotiate until the homeowner has defaulted on their loan payments.  And the mortgage holder will usually want to see an offer on the property before they will even talk about agreeing to a short sale.  A bankruptcy judge could force a mortgage holder to take less than what is owed on the property - this is called a 'cramdown.'

Mesquite NV short sales and foreclosures - If you would like a MLS list of Mesquite NV short sale and foreclosure properties for sale emailed to you - fill out the short form to Search Mesquite NV MLS and check the foreclosure box.  You will receive a list with addresses and MLS numbers.  You will also get email updates sent to you as new foreclosures and short sales are listed in the Mesquite MLS - opt out any time and your information is never shared.  If you want just Mesquite foreclosure property listings, not short sales, just type 'foreclosures', in the 'additional information' box.

Buyer's Guide to Buying a Foreclosure Property in Mesquite NV

Jonathan Osman, NC Realtor, has compiled a list of some of the lender requirements of a short sale package - what most banks will want before they consider accepting a short sale:

Via Jonathan Osman - Charlotte / Matthews NC (Keller Williams Realty):

 When you request a short sale from the bank, the will request a great deal of personal information to be submitted along with the offer the purchase, cma, authorization letter, and listing agreement.  This is because the bank wants to know that you actually qualify for their short sale program.  Here is an example of some of the items that you will need to send in the package. 

Financial Information

  • Last 3 checking account statements for all borrowers
  • Last 3 savings account statements for all borrowers
  • Last 2 years of W2's for all borrowers
  • Income tax returns from the past 2 years for all borrowers
  • Last 3 paycheck stubs for all borrowers
  • IRS Form 4506
  • Self Employed: Profit and Loss statement
  • Credit Report - Get one actually for free from www.annualcreditreport.com

Summary of all monthly reoccurring debts for all borrowers.  This will be used to compile a financial worksheet.  Items to consider:

  • Auto loans
  • Alimony / Child support
  • All credit card bills
  • Electric bills
  • Gas bills
  • Water / Sewer bills
  • Heating fuel
  • Home telephone bills
  • Cell phone bills
  • Cable bills
  • Auto insurance
  • Health insurance
  • Life insurance
  • Doctor bills
  • Dentist bills
  • Pharmaceutical drug bills
  • Food / Groceries
  • Gasoline (auto)
  • Student Loans / Tuition
  • Other Loans
  • Other reoccurring bills

Hardship Information

A hardship letter that describes succinctly yet persuasively why you are now unable to make the mortgage payments.  We cannot write this for you. 

  • Documentation of hardship
  • Hospital bills
  • Doctor bills
  • Documentation of unemployment
  • Documentation of incarceration
  • Death certificate
  • Divorce decree

Sample Hardship Letter:

Re:  Hardship Letter/Short Sale for 123 Main Street, City, State 12345

To Whom It May Concern:

I purchased the property at 123 Main Street in March 2006.  At that time, I had just started my own antique resale business, which had great promise for generating profits capable of supporting my mortgage.  Unfortunately, sales were slow, which I attribute to great declines in tourism after gas prices skyrocketed.  I ran out of money, and began working as a waiter to make ends meet. At the same time I was redoubling my efforts in my own business, but to no avail. After struggling for months to make my expensive mortgage payments, I had no choice but to put my house on the market. In August of 2006, I put my home up for sale by owner at an original listing price of $210,000. The only people to look at the house ran when they saw the extensive damage to the pool and the severe water damage from a leaking roof that had long needed a replacement. I lowered the price, but still had no takers. Over the next couple of months I lowered the home price three times, finally settling at $170,000. This price was the lowest I could list the house at and still afford real estate agent commissions to be deducted, although it leaves me with no profit. The home still has no offers. I am working with a real estate agent now, who is listing my house and promises to push it to get it sold quickly. I believe that using an actual agent will ensure that the home sells promptly.

 I love my home, but I also understand that, at this point, I cannot afford it.  I am a single parent, now working as a waiter to survive.  My financial situation cannot sustain a home mortgage of nearly $2,000 per month.  I would like nothing more than to sell my home, avoid foreclosure, and salvage my credit. This is my main concern. I know that a foreclosure on my record will affect me for years to come. I would ask that you please assist me in avoiding this. 

Please accept this offer as payment in full.  My attorney has advised me to file bankruptcy, but I prefer to avoid further destruction of my credit.  I just want to move on and start over.

I deeply appreciate your help and understanding in this matter.  If you have any questions, or need anything further from me, please contact me personally.

Charlotte Real Estate

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite NV Real Estate Market - Good News For Renters and Owners of Homes That Get Foreclosed Upon That Are Freddie Related.... Freddie Mac Will Allow Renters to Stay in a Foreclosure

Mesquite NV Real Estate Market - Foreclosed Freddie Mac Homes - When a home is foreclosed upon with a tenant renting it - there are questions and worries.  What will happen to the tenant - is eviction from the foreclosure looming?  Should you pack up and move, or are there any options for the tenant?

Mesquite NV short sales and foreclosures - If you would like a MLS list of Mesquite NV short sale and foreclosure properties for sale emailed to you - fill out the short form to Search Mesquite NV MLS and check the foreclosure box.  You will receive a list with addresses and MLS numbers.  You will also get email updates sent to you as new foreclosures and short sales are listed in the Mesquite MLS - opt out any time and your information is never shared.  If you want just Mesquite foreclosure property listings, not short sales, just say so in the 'additional information' box.

Thanks to Rick Hauser for his interesting commentary and links to information about renting a foreclosed home:

Via Rick Hauser ABR GRI Managing Broker/Owner (Relocation Advisors Group Inc.):

Yahoo Finance Article

On stuff like this - it pays to read more than one article - as each article has extra info... So - I've provided the articles out there thus far...

Mortgage finance company Freddie Mac said it will allow some borrowers to rent out their homes after losing them to foreclosure.

*** Comment -- the foreclosed upon owner gets to keep the rent after they officially lost the house???

It goes on to say....

The goal of the new policy is to prevent properties from becoming vacant so they won't fall into disrepair.

***Comment - now - I really don't think that renters will be kicking in anything to repair the owners property.   But it would help in keeping the heat on during the winter vs. having to winterize it etc. and keeping the snow shoveled - and help prevent vandalism.  Since some renters can't count on a distressed owner fixing something critical such as a furnace - my bet is that a renter in that situation might just get the fix done to have the heat and then deduct it from their rent payment... (not always authorized of course - in their rental contract)    But per another article -  Freddy is going to allow owners to rent back after being foreclosed upon - at market rates.  Even then - it is debatible how much of a repair they would spring for.   So - Freddy is now getting into the landlord business....... Wonder how much in govt money and new hires that will cost to administer...

The article goes on to say....

Freddie Mac said it will allow renters to remain in their homes even if their landlord enters foreclosure.  Freddie currently has about 8,500 properties in the foreclosure process, but many of those are vacant.

"Keeping foreclosed properties occupied and in better repair will support local property values and promote a faster recovery in the housing market," said Freddie Mac Chief Executive David Moffett.

Fannie Mae said it has stopped about 20,000 foreclosure sales and halted 6,300 evictions of owners or renters this winter.

"Under Freddie Mac's new policy, tenants and former property owners need to demonstrate that they have enough income to pay the rental bill."

*** Comment -- former property owners??  They aren't paying the rental bill.  I think someone mis-worded this in the release....

It goes on to say....

Freddie Mac also said it would consider reinstating a mortgage for those borrowers who can qualify for a modified loan.

Both Fannie Mae and Freddie Mac also said Friday they would extend a previously announced suspension of evictions through the end of February.

***Comment -- (Presumably - to keep people from having to move in the cold?  More likely - perhaps they just want the heat to remain on during that time....)

But a Marketwatch article - states that is is March - not Feb (like the Yahoo Finance article) - in the headline - but not in the body of the article.  Go figure!

Marketwatch Article

And that article states:

"It may be that a borrower can afford a market rent price but can't afford all the ancillary costs of maintenance," said Freddie Mac spokesman Brad German.  

*** Comment - Which is precisely my point.  Why would they kick in for maintenance?

It goes on to say..

"This would get them a smoother transition to find a new home or until Freddie Mac sells the home."

*** Comment -- Well - they sure won't be buying a new home after that!  Renting one?  Perhaps - if they have more than a few months deposit to put down.. since their credit will be trashed.  "Place to live" would have been better words to use (such as in a USA Today article)

"Fannie Mae will also provide financial assistance for a "transition" to individuals that decide to vacate the property."

*** Comment - I wonder how the owner will know about this.  A mailing by Fannie to them?

However, he argues that program will have costs. Fannie Mae and Freddie Mac will likely need to hire property managers to collect rent. "Fannie Mae is not set up to be a landlord," he said.

*** Comment - exactly my point from above....

USA Today Article

Details of the program:

•Leases will be on a month-to-month basis.

•Tenants and homeowners will only have to pay market-value or existing lease rents, not the mortgage payments. Freddie Mac will hire a property management company to determine that amount.

•Tenants and homeowners must be able to show proof that they have enough income to pay the monthly rental amount.

•Freddie Mac will also explore loan-modification options that might be available for some borrowers.

In mid-December, Fannie Mae also rolled out a policy that allows renters in a property that is being foreclosed on to rent that home rather than be evicted. It does not include homeowners. Up to 10,000 families are expected to be helped by Fannie's rental policy; Freddie expects about a 30% acceptance rate.

The Federal Reserve this week announced a policy to help some distressed homeowners avoid foreclosure. The Fed said it would work with companies servicing mortgages now owned by the Fed to modify qualifying mortgages of homeowners that are 60 days or more delinquent on payments.

Fannie and Freddie combined own or guarantee about half of the $10.6 trillion in outstanding U.S. home loan debt.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate

                                       

Mesquite Nevada Foreclosures - Price Your Home Like a Bank Owned Foreclosure

Homes listed for sale in the Mesquite MLS and Foreclosure Properties - What do they have in common?

Well, it should be the price.

People who might want to buy a home in Mesquite NV are asking about bank owned foreclosure properties.  They are looking for the best house for the least money.  They want a "smokin' deal."

Can you blame them?  NO.

Mesquite is experiencing a buyer's market.  We have a good supply of foreclosure properties on the market - bank owned homes.  As the banks get more inventory, they get motivated.  Buyers are starting to jump off the fence and look at these bank owned homes for sale in Mesquite!

But people who want to buy a home also want to see other homes for sale that compare in price.  A buyer might be willing to give up some of the features that he is looking for to get a good price, whether it is a bank owned home or one from our large inventory of homes for sale in Mesquite.

For information about buying a Mesquite NV bank owned foreclosure property

Anyone who wants to list a home and sell in our current market will need to price it to compete with the bank owned homes in our Mesquite local market.  Or expect to wait a very long time for the home to sell.

Mesquite NV short sales and foreclosures - If you would like a MLS list of Mesquite NV short sale and foreclosure properties for sale emailed to you - fill out the short form to Search Mesquite NV MLS and check the foreclosure box.  You will receive a list with addresses and MLS numbers.  You will also get email updates sent to you as new foreclosures and short sales are listed in the Mesquite MLS - opt out any time and your information is never shared.  If you want just Mesquite foreclosure property listings, not short sales, just say so in the 'additional information' box.

The owner of this home considered the market when he listed his home for sale at 880 Tucson Mesquite NV 89027 and priced it to sell at $150,000 - and he is even willing to help a buyer with closing costs:


Virginia Hepp
ERA Brokers Consolidated
Mesquite NV Homes
Mesquite Chamber of Commerce Member
702 622-1177

                                                   for information about Mesquite NV homes

Mesquite Nevada Home For Sale 880 Tucson Mesquite NV 89027 - Foreclosure Properties

****************************************************************************

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Virginia Hepp - REALTOR

Pet Friendly Mesquite NV
Homes - Townhomes - Condos for Sale

50 - 55 + Active Adult Communities

702 622-1177

Buyer Representative

Mesquite NV MLS

Mesquite NV Real Estate