Wednesday, December 15, 2010
Home Buying Tips: Part 2
Wednesday, December 8, 2010
Home Buying Tips: Part 1
Thursday, December 2, 2010
Choosing an Investment Property
Thursday, November 18, 2010
Short Sale Information 4 of 4
A You may consult the seller's lender directly about their policies and what is required to apply for a short sale of a property. The internal departments that handle short sales differ by lender. You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department.
Thursday, November 11, 2010
Short Sale Information 3 of 4
• Negotiates loans secured by real property;
• Performs services for borrowers, lenders or note holders for loans secured by real property; or
• Collects payments for loans secured by real property.
Remember to leave a comment or ask a question below. Happy Veterans Day. See you next week!
Wednesday, November 3, 2010
Short Sale Information
Generally speaking, any relief of indebtedness from a short sale, regardless of whether the loan is a recourse or nonrecourse loan, is taxed as ordinary income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a short sale. For more information on the tax implications of short sales, see the CAR legal article, Taxation of Foreclosures, Deeds in Lieu of Foreclosure, and Short Sales.
Thursday, October 28, 2010
Short Sale Information
Today, I'm going to give the first part of a 5 part series on Short Sales. The first part will be the introduction and what the lenders options are when a buyer defaults. Here we go.
For certain loans, a lender has no choice and must conduct a trustee's sale. With a trustee's sale, a lender cannot go after a deficiency judgment. A deficiency occurs when the current market value of the property is less than the loan on the property. See Questions 3 and 4 for more details.
Deed in Lieu of Foreclosure: After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt. Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records. (Hamud v. Hawthorne, 52 Cal.2d 78 (1959).)
Short Sale*: A short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan. A lender may accept a short sale when the borrower is in severe financial straits and market conditions make a short sale the best choice to mitigate the lender's damages. Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report.
*Note: Some lenders do not differentiate between a short sale and a short payoff.
Q 3. What is a deficiency judgment?
Q 4. Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?
A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)
Wednesday, September 29, 2010
How to Manage Your Finances
Managing your cash flow in today’s world is necessary for financial success. The first step is to log all your income sources. For most, this is easy. Include all ways you get money. Obviously the biggest source is probably your job. Others include money from investments, interest, bonuses, child support, alimony, and allowances.
Next, you want to estimate your expenses. Include everything you spend money on. Groceries, gas, tuition, utilities, rent, credit card payments, mortgages, eating out, insurance, and anything else you can think of.
The next step is to put everything into a spreadsheet. This is important because it gives you an easy way to view all the information and make comparisons. Start your spreadsheet with you income page. The spreadsheet will have three columns for each month; estimated, actual, and variance. This will include all those sources of income you just listed. List the items in whatever order you wish, with a summation of total income at the bottom. Then you want to estimate the how much you will earn from each item each month, and sum them at the bottom.
The next page will be your expenses page. This should be set up in the same manner as the income page, except there will be categories. The two major categories are fixed and variable expenses. Fixed expenses are those which you know you will have to pay each month and have a cost which does not change. Examples of fixed expenses are insurance premiums, rent, mortgages, and loan payments. Credit card bills can be included, only if you pay the same amount every month. Variable expenses are everything else. You want to break up your variable expenses into categories, as well. These categories can be anything you like. It is best to break them up in a way which makes it easier for you to visualize. I use food/drink, transportation, entertainment, personal care, wardrobe, and gifts. Then, as with your income, you need to estimate all the expenses for each month. You should do this for at least four months.
Once you have all your income and expenses estimated, you can see if you are at a surplus (extra cash) or deficit (negative cash) and adjust your spending accordingly. The benefit of this is that if you know you are not going to have enough income to cover all your expenses, in a given month, you can do something about it. You can spend less the month before or plan on having to use your credit card. At the end of every month, you need to fill the “actual” column with what you actually earned and spent; then subtract those numbers from your estimates to get your “variance”. The goal is to have your variance equal zero. The closer your variance is to zero, the better you are at estimating your income and expenses.
This is the best way to manage your finances; it gives you an excellent visual breakdown of all your expenses and allows you to adjust. It also connects you with your finances so you are more in touch with what you spend your money on, which is a great way to make sure you don’t over spend.
There are many computer programs which can help you set this up. I fine Microsoft Excel works best for me. If you have any questions or comments, feel free to leave them below and I will get back to you as soon as I can.
Wednesday, September 22, 2010
How much house can you buy
Wednesday, September 15, 2010
How to Improve Your Credit
Now, more than ever, one’s credit score has a huge impact on what they can “afford”. Credit scores play a major role in determining your worthiness for mortgages, auto loans and credit cards. They can even affect your ability to get a job. Many of us, especially in these times, have a few, if not many, negative remarks on our credit reports. Because of that, I am going to give a few tips on how to build or rebuild your credit.
Pay your bills, in full.
I know this is easier to say than do, but it is important. If you can, it is best to pay off your full bill every month. This s good for two reasons; One, when you pay your bill in full every month, you don’t pay any interest and two, it shows that you are well within your spending ability, given your income and credit.
Keep your balances low.
It is best to keep your balances under 30% of your limit. It is better to spread your debt over a few cards than to have one card with a high balance and two cards with no balances.
Pay your bill on time.
This is one of the most important ways to keep your credit in good standing. Creditors do not want to see late payments. This can reduce a good credit score; say 720, by as much as 100 points, depending on the circumstance. We all hit hard time and it can be tough to pay all one’s bills on time, but if you know you are not going to be able to make you payment, call your creditor. There is a good chance they will move back the deadline, but remember, do it early. The sooner you let them know, the more likely they are of giving you an extension.
Don’t apply for a lot of credit.
This is something that a lot of people don’t know, but when you apply for a new credit card or loan, it shows up in your report. Creditors do not like to see a lot of inquires within a short period of time because it is a sign that you are in serious need of money, which is a red flag for risk.
Keep your old cards.
When it come to your score, credit history is very important. The longer you have been using credit, the better; so don’t close your old accounts. It is much better to keep them open and to use them. Each is beneficial for its own reasons. Keeping old accounts open benefits in both credit history and overall available credit. Using those old cards will help spread your debt.
Ask your creditors to increase your limit.
This can be very beneficial because it will spread the gap between your balances and your limits. I recommend asking for an increase every 2 to 3 months. One of the pros of doing this, other than the obvious, is when your current creditors pull your report for an increase; they do a “soft pull”. A “soft pull” is similar to when one checks their credit report and it does not have a negative effect. This is not true of a “hard pull”, which is when you apply for new credit, such as a loan or new credit card. “Hard pulls” show up in your report and, like I stated above, creditors do not like to see a lot of inquires.
Review your report.
The best way to keep your score up is to review your report often. Mistakes happen in credit reports and they can have a huge impact on your score. You can get a free report once a year from annualcreditreport.com and there are many services that will send you a monthly report. Remember, your own inquires will never affect your score, so check it as often as you want. If you are new to credit, I recommend checking your report once a month. This will aid in your understanding of the report, its self, and ensure that you won’t be stuck with any surprises.
Feel free to leave a comment or a question below.
I hope this helps. We are all going through tough times, but remember, good things come to those who make it happen.
Wednesday, September 8, 2010
Government Doing Too Much
There’s a lot of talk nowadays about how much the government should be intervening with our economy and housing market. Many believe Washington is simply throwing money at a problem and will never solve it. Many also believe that without the government’s help, we would be in a far worse situation than we currently are.
I personally feel that it is time to let everything take its natural course. Let the foreclosures happen and stop of the bailout, tax credits and subsidized mortgages. Clearly, what our government has been doing is not working and spending more money on the same programs won’t work either.
I think the best way to get out of the mess we are in, at least in terms of the housing market is to get rid of the ridiculous lending qualifications to allow able home buyers to find a loan, but continue to keep strict guidelines in lending practices. Meaning, lenders need to be willing to accept applications from less than perfect borrowers, but do their due diligence to ensure the lowest risk.
What do you all think? Leave a comment and let me know.
Wednesday, August 25, 2010
Mortgage Application Essay
Today I read an article on credit.com citing a New York Times story about Wells Fargo. It says that Wells has violated the Fair Housing Act by requiring applicants for their mortgage products to answer an essay question. Wells is in violation of the law because the question includes procuring about the applicants’ familial status.
Now, I am 100% for giving everyone an equal opportunity to get housing and loans, and I don’t think that one’s gender, age, family size, or other personal preferences/beliefs should be a determining whether or not to give them a loan, but I also don’t think that having an “essay” question is too bad of an idea.
I think that having applicants write an essay about what their intentions are with the home and why they feel like they are qualified for the loan can be a really good thing. Not only will it give lenders useful information about the applicants, but it also gives the applicants a chance to explain any previous derogatory credit information. Having this type of requirement will help make the loan application process more personal and, I think, it will reduce the number of defaults.
One issue with this, however, is that it will be difficult for non English native speakers to articulate their worthiness for loans. Therefore, the “essay” should be accepted in all languages and verbally, as well. I know this is a touchy subject, because it leaves room for there to be discrimination based on ones educational background, and that definitely needs to be considered. I do not have an answer for that at the moment, but I’m thinking about it.
What are your thoughts on the subject? Leave a comment and let me know.
Tuesday, August 17, 2010
Lending Regulations, Too Strict
Mortgage rates are still at record lows. But, what does this mean for all of us? Yes you can get a home or refinance your current mortgage at a phenomenal interest rate, but there is more to it. Why are interest rates so low right now?
Interest rates continue to fall because there are not enough people buying homes. With a lot of the “Bank Owned” inventory hitting the market, there just are not enough qualified buyers. There are not enough buyers because lending practices have become increasingly strict. I agree that the practices during the sub-prime mortgage boom were a major cause of the housing bust, but that doesn’t mean that all of the requirements were too lenient.
Yes, there needs to be good regulation in lending, but there are too many people, wanting to purchase homes, and in the past, would have been qualified to, that cannot. If our government really wants to get rid of all the inventory on the market and pull us out of this recession, homes have to be sold. For homes to get sold, there has to be qualified buyers, and with the lending standards the way they are right now, not many people, who do not already own one or two houses, can qualify.
Leave a comment and let me know what you think.
Monday, August 9, 2010
Will They Forgive Underwater Mortgages
Monday, August 2, 2010
Buying Junior Liens
This article by by Colin Said of the San Francisco Chronicle tell the story of a couple who purchased a trustee's deed to a home in Santa Cruz at auction. Little did they know, they bought a second mortgage on a foreclosed house, that has no actual value.
The article states that Roberta and Randall Stand paid $97,606 for a house at a courthouse auction. They gave the home to their daughter and her fiancé, who in tern, spent over $13,000 fixing it up. Months later, a notice was posted on the door stating the home would sold at auction. After much litigation, Wells Fargo and the couple settled for an undisclosed amount.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/01/MNRU1EL529.DTL
This just goes to show that you really need to do all the research when you are buying anything from an auction as there are no guarantees to title or condition.
What do you think about this? Leave a comment and let us know.
Monday, July 26, 2010
Credit and Loans
In today’s economy and real estate market, the most important asset in securing a loan is good credit. But should it be? Does having good credit mean that you will make your payments on time and does having bad credit mean you won’t? Although one’s credit is definitely a good way of showing a person’s past actions, it may not be the best way of showing their future. I believe there needs to be less emphasis on credit ratings when it comes to loans. There are many items which can affect credit, and sometimes, they cannot be controlled. For instance, say you went to a medical institution for physical therapy. You paid your bill on time, every time. But, they say you owe them for a visit. They can attack your credit and you have no choice but to enter a dispute. This has a great negative effect on your credit rating. Furthermore, proving that you do not owe them any money can be extremely difficult. Now it might only be $200, but that can be the difference between a 10% and 7% loan rate.
Also, say you defaulted on a credit card 5 years and entered a rate reduction plan and have been paying your bill every month on time for the past 5 years. This still has an extremely detrimental effect on your rating. Personally, I think loan qualification should be based on more recent than past history and also, more on your income debt ratio. If you have $50,000 in the bank and you want a $20,000 loan, it shouldn’t matter what you did 5 years ago, as long as within the last 2 to 3 years you have been doing all the right things. I just think, as a society, we put too much emphasis on arbitrary numbers that are based on actions, which so nothing about how you carry yourself and your finances now.