Archive for the ‘short sales’ Category

St. Augustine Homes for Sale: Do I Need to Know the Taxes if I Buy a Short Sale?

Monday, August 16th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

Do I need to know the taxes if I buy a short sale?

The short answer: no.  At least not in Florida.

Taxes in Florida are keyed off sales price and then based on millage.  In St. Johns County, if you want a very rough and tumble way to estimate your taxes, take the sales price, multiply it by 92%, take off $50,000 (if it will be your homestead property), and multiply that by 1.8%.  That will give you a very rough estimate of taxes.  If the home is in a Community Development District (CDD) then you will have to tack that amount on as well, and each CDD has a different amount.

When you buy a short sale any taxes in arrears have to be brought up to date at closing.  Let me say it another way, before any title company will give you title insurance (insurance that says the title is free and clear of any liens) and a warranty deed, the taxes have to be paid, other liens have to be paid off (including past-due HOA dues), as well as contractor liens, etc. 

The new taxes are your own, and based on the purchase price you paid, millage, and homestead.

This post was keyed off a response to an online discussion on whether it was a good idea to buy a short sale, and an answer by Orlando Realtor Avi Maganda.

Homes for Sale in St. Augustine: The Latest Bullsh*t Realtor Designation, “the Distressed Property Expert”

Wednesday, August 4th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

If you’ve been looking at the real estate print media lately you’ve seen a logo for something called a “CDPE” posted in some of the ads.  It stands for “Certified Distressed Property Expert.”

In my opinion the CDPE is a completely bullsh*t designation.  Here’s why:

It’s bad enough that so many sellers these days have been forced into short selling their home or even into forclosure, but what is even worse is the group of erstwhile agents who have no experience working a short sale or foreclosure having the gall to call themselves “distressed property experts” after attending a two-day training course in Jacksonville.  These are incredibly complex transactions with a host of unwritten rules dealing with multiple lenders, courts, title companies, attorneys, sometimes bankruptcies…not to mention sellers and buyers with varying emotional investment and motivation.  But most of all these are people’s homes that are on the line here, and it takes a lot of balls to put someone’s distressed property on your back when you don’t know what the hell you are doing.

I’m sure the seminar really was a wealth of good and factually correct information.  I’m sure if you knew nothing about working a short sale it was a great way to give you an excellent overview of the process.  But it does not make you an expert because it absolutely takes experience to make you an expert when it comes to short sales.   Even if you acquired every back door telephone number to every bank negotiator from this seminar,  you still need to know the protocol and procedure in dealing with these people, because you may only get one shot. 

There are a lot of very good local Realtors who bought that CDPE designation and who do have actual experience working short sales…these people really are experts.  But when you trot out another ridiculous designation how do you tell the real expert from the phony?   

My partner Kate Stevens is a short sale expert, in fact she’s forgotten more than most people know about the process.  While my other partner Ron and I are involved in the process and the outcomes of our short sales, we always defer to her judgment.  Part of her experience is knowing what to handle herself and what to hand off to an attorney or paid negotiator.  It’s also knowing who is effective at the current moment and who isn’t. 

But talk is cheap: this link will take you to a list of the short sales and forclosures we’ve worked on, their status and their outcome…certainly more and better experience than a two-day seminar. It is our sincere hope that the economy and market improve to the point where we will never have to update that list ever again.

Homes for Sale in St. Augustine: “Buy and Bail,” Then Get Ready for Deficiency Judgment

Wednesday, July 28th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

Word on the street this week from the mortgage brokers is that banks involved in short sales are hunting down “buy and bail” sellers.

A “buy and bail” seller is one that goes out and uses their good credit or cash to buy a new home, and then stops paying on the old home in order to short sell it (or just let it go into foreclosure). 

The short sales may still succeed, according to my sources, but banks are now specifically hunting for these “buy and bail” sellers in order to pursue deficiency judgments after the fact, or won’t waive the deficiency judgment in order for the home to sell.

Homes for Sale in St. Augustine: You Can Still Make a Low Offer on a Short Sale

Friday, June 25th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

Making a low offer is always a bit of a gamble.  Even when a seller prices a home high and says “well, they can bring me an offer,” in my experience that very same seller will shoot down even a good offer.  So buyers get gun shy.

On the other hand, a seller who tells me “I will never, ever, ever go below $X for my house,” will in the end sell their house for $X because the money at the closing table works out.

So what is a buyer to do?

The best place to bring a low offer is on a short sale still active on the market.  The sellers need an offer to get things rolling with a bank.  Ninety percent of the time they will accept any offer, but understand that your offer price has to be in line with the market for the bank to accept it.  For example, if a short sale home is listed at $125,000, and market is more like $150,000, offer the full $125,000…it’s close enough to market that it might get accepted by the bank, and not so low that the bank will counter.  But if you make a $100,000 offer you’re probably just wasting your time if the bank can sell it higher as a foreclosure.  

Another example: a short sale home is listed at $225,000, the market value is more like $170,000, but due to the condition of the home a good price might be $155,000.  Offer the $155,000…the bank will do appraisals and BPOs that support your price and you may get the home.

Now, when not to offer low.

When you’re looking around and you find a house priced at $125,000 that with a little work will be worth $150,000, buy it immediately and don’t dicker with the price. Work scares people.  Aesthetics scare people.  Fortunes are made in real estate by people who are willing to look past an industrial gray berber carpet and spend $1000 to fix it, instead of not making an offer “because it needs updating.”  So when you find that home you can fix cheap, and the location or something else about it is fantastic, just buy it and don’t screw around

Also, don’t offer low when you’re competing against a another offer.  If the full price is a good price then offer full price or a little higher.  Now, if full price is not a good price, offer what you think it’s worth based on what other homes you’ve seen, but understand you may not get it.  We had two competing offers a few weeks back on a  home, one was at full price and one was $50,000 less than full price (and wouldn’t come up).  Who do you think got that home?

Homes for Sale in St. Augustine: Empathy for the Short Sale Lenders, But Hurry the **** Up

Wednesday, June 16th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

There have been a lot of articles floating around the real estate world lately about the big bad banks and how they drag their feet on short sales.

When you try and sell a home for less than is owed on it, it’s called a short sale.  In other words, the market price for the home is less than what the mortgage is.

Short sales are notoriously slow.  Typically it takes 90 days or more to get an answer from the bank on whether or not they will accept a short sale price.  There is almost no communication from the bank during a short sale.  They routinely lose or mislay paperwork, which has to be submitted again and again.  And when they don’t accept a short sale price they will often counter at a price that is demonstratably out of line with the market.

As these loans go into default it costs the bank’s shareholders money, which is bad enough.  But when they drag their feet on a short sale, or reject a short sale, foreclosure is their only other option.  And they don’t get a better price.  And they have to hire two companies to make the sale happen (an REO manager and a real estate agency), which adds more costs, and the shareholder gets hit again. 

The sellers are complaining, the buyers are complaining, the Realtors are complaining…everybody is complaining about this lengthy and wasteful process.  So you may find it odd that I have some empathy for these banks.

Look at it this way.  You loan someone $200 and for whatever reason they can’t pay you back the full $200.  Instead they demand that you take $100 and do it quickly so they can get on with their lives, and by the way, don’t you dare come after them for the other $100.

That’s kind of the way it is with short sales.  The bank lends a complete stranger thousands and thousands of dollars for a house, and now this person can’t make the payments.  So the bank initiates the foreclosure process.  And then the person comes back to the bank and demands that they take less than what is owed, and do it quickly so they can get on with their lives, and by the way, don’t you dare come after the amount owed.  And by the way, the person is not making payments on the house and is either living there rent free, or worse, is renting the house and pocketing the cash.

So if you look at it from the bank’s point of view…heck, I’d make the short sale process a difficult and time-consuming one as well.  I wouldn’t want it to be a pleasant experience.  The idea being it’s like prison, hopefully an experience that you’ll never want to repeat.  Because there are people out there who will get themselves into this situation over and over again if they can manage it.

A little dose of reality now.  The real estate market really did collapse.  Many people who had no intention of defaulting on a loan suddenly found themselves upside down.  These people will never be in a short sale situation again.

As for the bank, please make the best decision for your sharholders.  Foreclosure is bad for the bottom line.  You’re not going to get a better price than the short sale price, and you will incur more costs.   But if you’ve made up your mind and are going to foreclose, just hurry the **** up and do it, and quit wasting everyone’s time.

Selling Homes in St. Augustine: SHORT SALE DELAY SECRETS EXPOSED!

Wednesday, April 21st, 2010

by Staff of St. Augustine Team Realty (www.StAugustineTeamRealty.com). Become a fan of ours on Facebook.

SHORT SALE DELAY SECRET REVEALED!!!

We just received this photo of the man who is handling EVERY SHORT SALE IN AMERICA.  In an effort to save money the banks have hired one man to handle all their short sale transactions.  This accounts for the sometime months-long delay for answers, the amazingly inconsistent practices, and the feeling that there really is no one in charge at these short sale departments. 

Charles, Your Short Sale Specialist

Charles, Your Short Sale Specialist

“Sometimes, dude, I can get like, 3 or 4 short sales a day,” said Charles, Everyone’s Short Sale Specialist. But you know, like, I can’t find any Doritos, I mean phone numbers to call people.  Like it’s stressful. The bong helps mellow me out. Where are those Doritos again?”

Charles was born in America and is not an illegal immigrant.  This makes him attractive to many big banks.

“We applaud Charles and the hard work he does,” Funkel Willingham III, CEO of Too Big Too Fail Bank said.  “Now where’s my bonus? ING got their bonuses this week.  I want my bonus!”

Willingham went on to quash a rumor that Charles was a former Enron executive.

“I worked at Enron and Bear Sterns and I am sure I never saw Charles anywhere.” Willingham said.

Selling St. Augustine Homes: New Short Sale Regs Will Make it Easier?

Friday, April 16th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com). Become a fan on Facebook.

Short sales might get easier starting this month. 

A new federal program , called HAFA, is for loans not guaranteed by Fannie Mae or Freddie Mac.  If it works correctly, it will allow the home owner to have pre-approved short sale terms prior to listing. 

To qualify the home must be the owner’s primary property (with a loan date before January 1, 2009), the mortgage must be delinquent or default is “reasonably forseeable,” the current unpaid balance is less than $729,751, and the owner’s monthly payment exceeds 31% of gross income.

Will this actually work?   Will the short sale terms be in line with the market?  We shall see…

St. Augustine Homes for Sale: Short Sale Mythbusting

Monday, March 29th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com)

I just did a post on my personal site Mythbusting the Short Sale.  I hope you enjoy it!

St. Augustine Homes for Sale: Short Sale + Tax Credit Deadline = Risky Bet

Wednesday, March 3rd, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com)

For our last post we did a synopsis of the $8000 first time buyer and $6500 repeat buyer tax credits, which expire on April 30.

So now you realize you need to get a home under contract by April 30, and close on it before July 1st, and the home of your dreams just happens to be a short sale.

Well, in the immortal words of Dirty Harry, “Do you feel lucky?”

A short sale home is one where the seller owes more than it is worth.  When a buyer is secured, negotiations start with the lender or lenders to see if they would be willing to accept less than is owed on the house.  From the time the purchase and sale contract is signed until the property closes usually takes a minimum of 120 days, or four months.  Quite a few take longer.  Very few take less.

So if you’re looking at taking the tax credit and close on a short sale by July 1, you’re taking a serious risk at missing the tax credit if the deal goes long.

Here’s some things to consider:

  • Will the short sale price be enough better than a straight sale price to offset the loss of the tax credit?
  • Will a straight sale price + the tax credit be a better deal than the short sale by itself?
  • How will I feel if I put an offer in on a home and it falls apart after April 30, when I can no longer take advantage of the tax credit?

It’s your money, boss, spend it wisely.

Real Estate in St. Augustine: Buying a Short Sale

Monday, September 14th, 2009

by Sean Hess

We’ve done a bit already on what to do if you need to sell a short sale, now a bit about buying one.

It’s a pretty straight forward process, you just have to be prepared to wait a long time to find out if you’ll be successful or not.

The big difference between a short sale and a regular sale is that the seller’s lender has to approve the sales price.  The lender can sometimes take 90 days to give an answer, thus the long waits.  During this time there is no news…I mean absolutely zero news…on the status of the offer with the lender.  It’s like the offer goes into a big dark hole.

You make an offer like you would on any other home…typically the seller signs whatever offer comes across the table because they are just trying to get rid of the house.  The offer is then turned over to a negotiator…sometimes it’s the seller’s Realtor, sometimes a law firm, sometimes a title company, sometimes a “short sale specialist,” which is often one of the first three who has given themselves a fancy title.

There are sometimes other offers on the table at the same time.  Sometimes a lender will give instructions that they want offers only one at a time, other times they want to see all offers. 

As a buyer you will need to turn in your pre-approval letter or proof of funds with the offer or it will not be considered by the lender.

After a time, sometimes a very long time, the lender will typically fax an answer and what the terms are for them to accept a short sale.  Sometimes the bank will try and feel the buyer out directly to see if they will go any higher. 

In the successful cases I’ve worked with the bank often gives an approval of the sales price for only a set amount of time, for example, 21 days.  So you have to have your ducks in a row with your own lender and get your inspections done fast. 

In the unsuccessful cases the bank will come back with a price that is out of line.  The lenders are often very rigid with this amount.  In these cases my buyers have went to different short sale homes in the same neighborhood and been successful.   

If you’ve got time to wait, and don’t mind any missing houses that may come on and off the market while you wait, a short sale is the way to go.