Why the 300 Billion Dollar Assistance Bill Isn’t the Answer

Posted at 12:08 PM, Jul. 27, 2008

The House and Senate just passed the 300 Billion Dollar Assistance Bill that will help current homeowners facing foreclosure if they meet certain criteria. Did this Assistance bill come in to little to late? What about Victims of foreclosure already that would have been able to meet the criteria but lost their homes already? Who is to take responsibility for this Foreclosure Mess?

 It's JUST my personal opinion....

They’re rewarding bad decisions and punishing the people who did NOT contribute to the demise of the real estate market by taking away the Down Payment Assistance programs. And, who’s going to pay for it? WE ARE -the TAX PAYERS! So, not only am I making my mortgage payment on a house I overpaid for and I’m losing the value of my property, but now I have to pay to bail out my neighbor? At the risk of sounding like Denise Richard’s potty mouth, ARE YOU %@!*%$@! KIDDING ME???!!!

So, you’re saying that this is the American Dream? Julie Smith bought a house at $600,000 and is making her payments on time every month and can afford her home because she put 20% cash down. Julie’s next door neighbor squeaked into their home with no money down and now they can’t afford their monthly payments…along with 3 other neighbors. So, the four neighbors get bailed out and the values of the homes in the neighborhood have gone down. Meanwhile, the one homeowner who got into her home legitimately (Ms Smith) is still making payments on a $480,000 loan when her neighbors who live in the same floorplan are making payments on a $250,000 or so loan ?

What happened to the principle we’re taught to raise our children with: Reward good behavior, don’t bribe the kid with candy for not repeating bad behavior? Isn’t that what we’re doing? There are consequences for our actions. If certain people are given a “get out of jail free” card, then ALL of us who purchased a home in 2005 should get that same card.

What they should be doing is keeping the DPA programs. They’re punishing the WRONG people! The ones who are keeping our economy going are now being swiped of the opportunity if they don’t have $10,000, $20,000 or more sitting in a bank account.

The question SHOULD be: Why are they taking away a program that allows people who are well qualified with lengthy job history, good credit scores, and good income-to-debt ratios but don’t have a huge chunk of cash sitting in their bank- from buying the surplus of homes that are sitting on the market for sale? There is a big market of first time home buyers, people who are recovering from life changes such as divorce, and multi-cultural US citizens who are buying the inventory. A large percentage of this group does not have enough cash to cover the entire down payment and closing costs.

The question SHOULD be: Why weren’t the appropriate lending guidelines in place to qualify these buyers who are defaulting? If these guidelines are now in place, then why not let the people who do qualify get down payment assistance from the seller who is willing and able to offer it?

We should be focused on that point, not bailing out the people who caused this mess. I was raised with the principle that there are consequences for our actions, whether good or bad.

Instead, go to GetDownPayment.com and click TAKE ACTION NOW to submit a plea to your congressperson to keep the DPA and the American Dream alive.

Otherwise, who will buy the homes on the market? Investors and people with $20,000 sitting in a bank account? If you’re a seller, that certainly LIMITS your buyer pool! Not to mention…the investor will severely low ball the offer price as much as $100,000 below asking price (after all, that’s what makes it an INVESTMENT, right?!).

If you’re thinking of buying real estate, you better start saving…for the next 2-5 yrs or so! And, then, you’ll most likely have missed the BEST buying opportunity in real estate in YOUR lifetime.

They’re adding to the decline of the economy and real estate market by PROHIBITING buyers who are ready, willing and able to purchase a home from doing so if they don’t have $10,000-30,000 or more sitting in a bank account.

I, personally, am helping several buyers who are well-qualified to get into a home, using this program because they simply don’t have the cash sitting in a bank account for the full down payment. Don’t get me wrong -it takes a huge amount of effort on my part to find the right home that will appraise at the purchase price and has a seller willing to contribute up to 6% (or more) of the sales price to the buyer’s down payment and closing costs, BUT I’m doing it and it’s selling homes. I’m willing to earn my paycheck ….and see the happiness of someone who’s getting the keys to their very first home…and it’s not at an inflated purchase price!

”…I’m just saying…”
Kelli Grant, Residential Realtor TRYING to help dreams come true

Buying a New House Before Foreclosing

Posted at 2:42 PM, Mar. 21, 2008

Walk Away or Stay?

There are thousands of homeowners facing foreclosure who simply walk away from their properties and their mortgages.  The lenders are left to deal with the financial fallout.

It’s starting to become a business decision and not just a financial duress decision causing homeowners to walk away.  Many who owe more than their houses are worth abandon their homes and mortgages and it just might make financial sense, especially if you are not too concerned about the hit to your credit score.

Some homeowners are combining that strategy with a new one. They are buying new homes before their old homes go into foreclosure, and then walking away from the old homes and the old mortgages.

What these homeowners hope to achieve is getting out of their current untenable mortgage situations with a new home and a new mortgage. And it appears that so long as the homeowners don’t mind seeing their credit scores tumble, this strategy will work.

The homeowners will need to come up with a  new lender and sizable down payment for the new home, but once they’re in, there is nothing that the old lender can do.

Since the new home with the new mortgage, has no connection to the old home and the old lender, the old lender can not come after the new home to collect any debt owed on the old home.

What is also a sign of the times is that there are now realtors who specialize in helping homeowners pursue this strategy and lenders who also specialize in these situations.

Is this the right thing to do?  I was raised with traditional values that you should pay back the money you borrowed.  However, when a colleague approached me with the concept, I have to admit that it made me think.  I have clients who continually ask my advice about the home they purchased in the height of the market  . . and when they consider the crushing blow they’re taking, they want to know what they can do.

Some have crunched numbers and it may take an additional 7 yrs to break even...and if there are short sales and foreclosures attracting buyers who can enter the neighborhood for up to $300,000 less than what others entered into - what does that mean to the neighborhood?  Are these new neighbors taking care of their homes and their yards in the same manner?  Are they upgrading and landscaping to the same level as those that paid hundreds of thousands more for their homes?

Even when the overall market returns, will the neighborhood be an entirely different community than when others purchased the home?  And, if you’re at a time in life saving for retirement and the primary residence was supposed to be an appreciating asset - is it better to walk away with a minor ding on your credit for going through a short sale and "starting over"? 

I don’t have the answers, but I can say that, suprisingly, this concept made me stop and consider!

Mortgage Forgiveness Debt Relief Act of 2007

Posted at 11:07 AM, Feb. 19, 2008

Just a little reminder as I'm thinking of doing taxes -wahhoo!  You may not know this important information and it will affect your taxes if you have experienced one of the three mentioned below!

When a borrower is unable to meet the monthly mortgage payments on their home, the borrower will lose title to their home through:
1. A Short Sale
2. Foreclosure, or
3. Deed in Lieu of Foreclosure

But, did you know that under Section 108(a) of the Internal Revenue Code of 1986, a mortgage lender who forgave debt was required to provide a 1099 Form to the IRS stating the amount the borrower had been forgiven? The amount of debt forgiveness on a home is then taxed as ordinary income, for any of the previously three mentioned methods.

For example, you owe $250,000 on a mortgage and the lender reduced the amount owed to $200,000 to facilitate a short sale. Under current tax law, the $50,000 in forgiven mortgage debt becomes taxable income.

Unfortunately, the majority of people in a situation where that can't make the mortgage payments are in financial distress (DUH!) and are unable to pay the additional taxes.

Relief is in Sight!
On December 20, 2007, President Bush signed H.R. 3648, known as the Mortgage Forgiveness Debt Relief Act of 2007. It amends Section 108(a) of the Internal Revenue Code of 1986 to ensure that any amount forgiven on mortgage debt secured by a principal residence will not be taxed. It was effective as of December 20, 2007 and applies to indebtedness discharged on a principal residence before January 1, 2010.

Common Credit Repair Scams & How to Avoid Them

Posted at 11:06 AM, Feb. 16, 2008

There are many legitimate organizations that help consumers fix their credit, but others are just waiting to take advantage of those needing help.

In today’s world of easy credit, bad credit and heavy debts are not uncommon. For many people, debt and credit problems become unmanageable. If you are looking for help, beware of several common credit-fix scams. First, understand that if there are errors on your credit report, such as debts that aren’t yours, you can fix these errors yourself for free. But, if your report is correct and simply contains information that you wish wasn’t yours, there isn’t much you can do. Creditors can keep debts on your credit report for seven years, and there is no magic trick that will make them go away.

Keeping that in mind, watch out for the following, as presented by Bankrate.com:

1. We speak the credit bureaus’ language or know some secret regulation that can make unappealing items on your credit report vanish.

Remember that there is no such thing as a secret formula that corrects unappealing citations on your report to make them go away. Some companies offering these services will just take your money and disappear. Others will bombard credit bureaus with frivolous disputes, and while these items are under investigation, they may temporarily be omitted from your report, after which they will return. The company, however, will show you your miraculously “clean” report and collect its fee. Also, keep in mind that the Credit Repair Organizations Act forbids any company from accepting money until after it does what it has promised, says Susan Grant, director of the National Fraud Information Center. Remember that scams will usually ask for money upfront.

2. We’ll convince the creditor that you don’t really owe the debt.

This works similarly to the first scam. Companies will concoct a scheme for you to challenge the debt or will claim that they will issue a deluge of procedural requests that will persuade the creditor to drop the claim.“Federal agencies have described these schemes as bogus,” says Deanne Loonin, staff attorney with the National Consumer Law Center. If you believe that you may actually have a defense with regard to a debt, you should consult a lawyer.

3. We will get you a brand-new, clean credit file. Remember that this is always illegal.

Companies may try to persuade you to apply for a new taxpayer identification number or employer identification number for the purposes of building a new credit history. This is a felony. Be especially vigilant of this one, because you may not realize what you are being asked to do because part of the con is not to explain the entire scheme. Besides being illegal, the “new” credit report would still list your name and address, which would still be connected to your old debts.

4. Call our 900 number for details on our credit-fix strategies.

This can be combined with any scam, and more than likely, the con artists will try to keep you on the phone as long as possible, extending huge per-minute charges.

5. We’ll clean your credit fast and use our contacts to get you a credit card, mortgage or loan.

This is a newer scam, and one of the most costly. Consumers who really need money or loans are especially susceptible to this, and can be persuaded to pay huge amounts to the scam. Some companies mimic credit-counseling agencies or mortgage companies, and will hit you up again and again, until you have nothing left. Since there are legitimate non-profit groups that help educate consumers with regard to their credit, it is best to keep a tight hold on your wallet and be wary of any quick-fixes or big promises. A little reference-checking on the Internet should quickly reveal the legitimacy of any companies.

Generally, be wary of companies that initiate contact, outrageous promises or huge fees. You should also be careful of two common mistakes that are not scams, but are costly. Refinancing your home to pay off credit cards is a bad idea since your home is now on the line. Also, since you are entitled to free copies of each of your credit reports annually, be careful of companies that ask you to pay for them.

Andorra Credit Repair Corporation is one reputable agency that you can contact with additional questions.

Your annual free credit report can be obtained at AnnualCreditReport.com. This site is sponsored by the three major credit reporting agencies, TransUnion, Experian and Equifax. You set up a log in and password, and it tracks the date and will remind you to pull your report again on the anniversary the following year.

How to Be Smart Investing in Real Estate

Posted at 10:07 AM, Feb. 13, 2008

Your Primary Home is First.
Buying your own home gives you a place to live and teaches you the cost of home ownership, financing and market conditions. You receive tax benefits and an asset that you can sell, many times for a profit. You will also learn about property maintenance and build your own network of professionals who can prove to be invaluable when investing. Finally, your first home could later turn into your first investment property! When you decide to upgrade or get a bigger house, you might be able to keep your first home as a rental property. Consult your real estate advisor to find out if your house would make a good rental property.

Knowledge is Key.
Being a savvy investor takes more than just buying up properties. Having a good knowledge base goes a lot further than a “sixth sense” for good deals. Use the Internet, read books by reliable authors, and attend investment groups and college courses. These are all good resources to learning the best investment practices. You should also tap into other successful real estate investors and real estate agents for information.

Professional Help Is Essential.
Although you may not think you need help, a trustworthy and honest professional may be the partner you need. When it comes to spending tens or hundreds of thousands of dollars, I'm sure you want to invest it wisely. You go to a dentist for your teeth, a CPA to prepare your taxes, a doctor when you feel sick....so why would you think a realtor is any less necessary as an important professional to include on your family team? Real estate is usually what people spend the most money on in their lives and yet they'll take short cuts and risk losing thousands of dollars trying to be an expert on their own. Realtors manage real estate transactions every day, whereas you may only handle one every few years.

Management companies take the pain out of property management. For instance, managing a rental property takes a lot of time, and you will need to be prepared to make repairs, resolve issues and advertise for renters if you are taking on the task yourself. In the long run, a management company may be just what you need. Use the referrals of friends, family and associates to find reliable, honest professionals to help you.

Know the Market.
Before you invest, research the local market thoroughly. There is no universal real estate “bubble.” Each market is different, and has different fluctuations and trends. One market may be good for rental income but not appreciation, while another market may be excellent for appreciation but not for rental income. There are endless variables, and it is important for you to know exactly what you’re getting into. Remember that one area is never the same as another area. Even within your local market, different neighborhoods may have their own fluctuations and pros and cons. Turn to your realtor for advice about your intention and what neighborhoods and areas will best reach your goal.

With these basic tips under your belt, you are ready to venture out into the investment arena. Happy investing!

How to Stop a Foreclosure

Posted at 9:29 AM, Jan. 30, 2008

On the news this morning, I saw that "foreclosures were up 75% from December 2006 to December 2007." 1 out of every 100 homes are going into foreclosure, with California and Florida hit the hardest. Knowing that this amount of people are entering into the foreclosure process, I felt that providing a few helpful tips on how to prevent a foreclosure was imperative.

For those of you who know me, this one's for you: I am aware that it's not all roses and sunshine in the housing market ('heck', I WORK in it every day), I don't completely have my head in the sand! However, I am a proactive person that looks for solutions. . . so let's get to it!!

If you're starting to miss payments, this is your big neon sign, your red flag, your 2x4 in the head. Pay Attention. This is also an OPPORTUNITY. What do you think the first mistake is? You got it. Homeowners stop answering the phone, returning phone calls or opening the letters from the lender. This is the opposite of what you should be doing. You need to ACT.

Take Action. There are several things you CAN do. Foreclosure begins once you miss three payments. You may have from 3 to 18 months before you actually have to get out of the house, depending on what state you live in. Therefore, you have some options. And, that does NOT include trashing the house. I just don't understand what people are thinking they will gain by doing this. ??

First of all, if you have a variable rate loan and your interest rate is going up and you can't afford the payments, which will get higher each time you miss a payment, call the lender. You heard me right. Reach out to them! Ask for a reduced and/or fixed rate. Realize that the bank loses an average of $59,000 for each foreclosure. Therefore, they might just be willing to negotiate a lower rate with you...especially if you have always been a good paying client until the rate started to increase!

Negotiate a short sale. A short sale is when you owe more than the property is worth. The declining market had something to do with this, but let's face facts. Some of you took out home equity lines of credit for vacations and toys. (It's true. You know who you are.) You will get a bad credit rating still, but you will only show the late payments while the loan is reported as "satisfied".

Apply for an FHA loan. It is a short term, secondary loan that buys you time. You can get up to 12 months of payments. You will have to pay them back, but it buys you more time.

Rent your house . Sometimes, you can rent your home out and move into a less expensive housing situation. Even while your home is in foreclosure, you may be able to do this. If you can get enough rent to cover the mortgage payment and find another alternative for yourself that you can afford, this could be an ideal situation.

Deed in lieu of foreclosure is another option. This is when you give the deed to the lender. You may even able to stay in the house for awhile.

I hate recommending this, but it is a last ditch option. File for bankruptcy. It doubles the time you can spend in your home, sometimes up to four years. Yes, you will have very bad credit. But, you will be able to stay in the house. When you file for personal bankruptcy, you actually keep your credit cards as long as you're making the monthly payments!

If you're starting to miss payments, don't put your head in the sand. Start to look at your options. There may even be 2 or 3 of the solutions listed here that you can take advantage of to prevent you from entering foreclosure and save your credit.