Short Sale My Queen Creek Home: July 2009

FINALLY! Canadian Vacation Home/Second Home Buyer Financing is Here in AZ!

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No U.S. Social Needed
Canadian Credit Report
25% down - Second/Vacation Homes Only
5/1 Principal and Interest ARM - amortized 30 years
No Prepayment Penalty
Customer sets up U.S. Bank account to pay mortgage

Close Of Escrow - typically 30-45 days, but needs to be addressed before offer to address any necessary delays due to location/accessibility of borrowers.   

Rates will vary based on the day, but are competitive for the program.  Today the rates are high 5's low 6's.

Call for details!

REal Estate Needs. REal Life Solutions

Jessica Sulliman

Realtor, Real Estate Consultant, REO & Short Sale Specialist

      jessica.sulliman@ashbyrealty.com                      

      (602) 677-7977 Direct  

      (602) 445-9931 Fax                                   

      www.sunshinespecialists.com                                                                                                     

                                                                

 

 

1 commentJessica Sulliman • July 16 2009 05:44PM

Short Sales, Foreclosures & Serious Changes to Arizona's Anti-Deficiency Statute

 

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The Capitol Insider - Weekly REALTOR(R) Legislative   Connection

 

Volume I / Issue VI

July 19, 2009

 

SB 1271 - Anti-Deficiency Law Change
One of over 200 bills pushed through the legislature in less than a month was a big change to an existing law that provided protection to borrowers in some cases against a deficiency judgment when their property went through foreclosure. Below is some background information on the legislation that has the lending and real estate industries a buzz with its intended and unintended consequences.

SB 1271 - Serious Changes to Arizona's Anti-Deficiency Statute
SB 1271 was sponsored by Senator Sylvia Allen, a REALTOR® from the White Mountains area of our state. The legislation started out in January as a bill dealing with jail districts and property tax limits. In June a strike-everything amendment gutted the original bill and changed its direction entirely. The Arizona Bankers Association argued successfully that the changes provided in the legislation were necessary because abuses in the current law were costing Arizona-based banks millions in losses. There was significant sympathy for the Arizona community banks in making the changes provided by this legislation. In other words, the legislators found it very easy to hold property investors liable for their debts while arguing that homeowners would still retain their deficiency protection if they lived in the home for six consecutive months. The legislation sailed out of the Senate by a unanimous vote but just barely received enough votes to pass the Arizona House of Representatives. The Governor signed the bill on the last day to sign or veto the legislation.

The current law - Arizona Revised Statutes (A.R.S.) § 33-814 currently states that within 90 days after the date of sale of a trust property under a trust deed, a legal action may be brought to recover a deficiency judgment against the borrower (trustor) who has now had their property foreclosed. The deficiency judgment must be for an amount equal to the sum of the total amount owed as of the date of the sale either by the fair market value of the trust property as determined by the court or the sale price at the trustee's sale, whichever is higher. The current law prohibits a lender from seeking a deficiency judgment against the trustor (foreclosed property owner) if the trust property is 2.5 acres or less and is used as a single one-family or single two-family dwelling.

The law effective September 30, 2009 - SB 1271 amended A.R.S. § 33-814 (G) to require that the trustor must have "utilized" the property for six consecutive months and a certificate of occupancy must have been issued. What does this likely mean? Various attorneys are opining different theories. My interpretation of the statute is that after September 30, 2009, properties sold at trustee's sale likely will not qualify for the anti-deficiency exemption unless the trustor lived in the single one-family or single two-family dwelling for at least six consecutive months. The legislative Fact Sheet, as transmitted to the Governor, states that SB 1271:

Prohibits a deficiency judgment against a trustor pursuant to a trustee's sale of a trust property that is 2.5 acres or less and is used as a single one-family or single two-family dwelling if both of the following apply:

  • The trustor has lived in the trust property for at least six consecutive months.
  • A certificate of occupancy has been issued for the property.



Places the burden of proof on the trustor to demonstrate that the statutory requirements to prohibit a deficiency judgment are met.

As before this law was passed, REALTORS® should advise their clients to consult legal counsel regarding the application of the anti-deficiency statute.

Visit RALLiNOW.com for all the latest legislative information.

Contact Legislative and Political Affairs

Arizona Association of REALTORS®
255 E. Osborn Rd., Ste. 200
Phoenix, Arizona 85012
www.aaronline.com

Telephone: (602) 248-7787
Fax: (602) 351-2471

Copyright © 2009 Arizona Association of REALTORS® All rights reserved.

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The Capitol Insider - Weekly REALTOR(R)   Legislative Connection

 

 

2 commentsJessica Sulliman • July 16 2009 03:53PM

Investor Financing for an affixed Manufactured Home in Chandler?

Help! I have a listing with an assumable FHA loan on it that is a manufactured home affixed to 2 acres of land.  An agent called me today who has a client that wants to make an offer, but they are having a challenge with financing. The buyer can't purchase as a primary, and her agent is having a heck of a time finding her any investor financing.  They can put down at least 20-25%. Any ideas? 

 

 

3 commentsJessica Sulliman • July 15 2009 04:21PM

WHAT?! They want the '56 Ford?? When is personal property too personal?

But they asked anyway.  List price was 289990.  Original offer was 270k.  My seller countered at 287500.  We made it clear in the listing and from the initial negotiations, she was already at her bottom.  Then we receive the counter back from the buyer's agent: 287,500, they want the decorative window hanging and the '56 Ford in the garage "with clear title". 

My seller calls me and asks, "This is a joke, right?" Nope, no joke.  So, first i ask you....Who does THAT?? They may as well have asked for her husband's first born.  That truck is her hubby's baby. He built it himself. And I'm sure the buyer knew it....it's not like they asked for the car in the driveway.  It was worse....

Did he really think a request like that would do anything but piss the seller off and make her want to do anything but tell him to pound sand? And where do you draw the line with personal property? When is personal too personal?

Why ask for something that clearly the seller is very emotional tied to, and never had anything to do with the listing in the first place?

 

 

8 commentsJessica Sulliman • July 15 2009 03:10AM

Your Short Sale's Approved...but if it doesn't close on time, I'll cut your commission! WHAT???

GMAC Mortgage HomeThis was my latest conversation with a negotiatior at GMAC.  Oh, and did I mention that I represent the seller? They give us barley 30 days to close......I beg for more but the negotiator doesn't budge.  The buyer is financing with a USDA loan and the lender that the buyer has chosen is notorious for never closing on time. 

Now we're 9 days from closing, and the file won't be out of underwriting until early next week.  Then it has to get turned around to the USDA for a few days.  There is just no way! What's a girl to do? The negotiator is telling me to find another buyer! Like I can just tell this one, "sorry, it's just not working out anymore?!" We're in escrow! We have a ready, willing, and able buyer who is paying market value for the home and just may need a few extra days to get the loan done.

Am I being punished for not bringing a cash buyer to the table? I get that the bank wants to close on time, but c'mon! I know I'm already going to be punished (reduced commission) when I bring in my own buyer or I network with the agents in my office and one of them brings me a buyer (reduced commisson).......but now i'm basically being punished if I advise my sellers to sign off on the offer of a first time buyer?

Maybe it's just a threat to get me to ride everyone daily throughout the transaction....but there is only so much that I can do as the listing agent.  More importantly, why are the banks making it more difficult to get a first time buyer into a home?

I checked on a listing that closed the other day....my FHA buyer had submitted an offer on it a month or so ago, but there were multiple offers and we were outbid.  We submitted way, way over list price! We thought for sure we had it in the bag! This was probably the 8th offer we had submitted and my buyer finally understood how the game needed to be played. But the seller actually chose a much, much lower offer....that was cash.  I'm talking over $30k difference in price! Are you kidding me? What is going on here?? I called the listing agent, and they informed me that the seller was concerned about the appraisal. There were comps to support our offer.  Let's say that the home appraised for $10k less than my client's offer.....that's still $20k on the table! I just don't get it. 

 

 

 

 

13 commentsJessica Sulliman • July 15 2009 02:38AM

203k Made SIMPLE? Yes, for your clients..........

FHA 203K renovation loan program

Via Colleen Craig (Southern California Mortgage Professional):

203k MADE SIMPLE?

Ok, maybe not, but I will attempt to make it as simple as possible for the client to understand and want to read on.  For many of us in the business who are " in the know"  we forget that we need to go back to the basics and spell it out in simple terms for others to understand.  So I've compiled some information based on my most recent commonly asked questions just this week.

In Southern California, FHA loans were just not utilized over the past 10 or so years because of the FHA Maximum Mortgage limits  But now that the limits have been increased and the prices have decreased, FHA loans have become the most utilized loan in recent months.  HOWEVER, because it was not a popluar loan, you would be amazed at how many lenders/brokers do not know what they are doing.  Especially when it comes to the 203k loan.  I spoke to a client today that was given such mis information it made me cringe. 

                                            

 Apparently they told the client that 203k loans were no longer being done (Gee, you think it was after realizing that they had no idea what they were doing?) and they tried to flip them into another loan. This was after telling my client that their loan amount would be for the contract price and the extra money would just be separate and sit in an impound account to be disbursed over the next 6 months.  Ok partially true, the extra amount would be in escrow to be disbursed as the remodel progressed, but for free? Who pays for the extra 50,000 dollars you just borrowed for repairs? Your loan amount is for the entire amount you are borrowing.  Makes sense right? 

So what is a 203k loan and why use one?

When a buyer wants to buy a home that needs repairs utilizing FHA financing, normally the repairs would have to be completed prior to the close of escrow.   The repairs would normally fall on the responsiblity of the seller.  With so many foreclosures in today's market, the bank is the seller.  And many times the home in need of repair is listed "as is".  Which in the past would require a cash buyer or conventional financing.  This is another reason that people in the business decided to shy away from FHA loans.  I believe it was pure ignorance of the programs that were available by the brokers and the realtors couldn't properly prepare their seller for what to expect that gave FHA loans a bitter taste. 

 My associate Jeff Belonger said it best in his post about ignoring what your listing agent tells you about FHA loans

Here we go....203k loans for dummies 

                                           

*  203k loans allow you to FINANCE the cost of the repairs in the new loan amount. (Not to exceed 110% of the after improved value determined by the appraiser and 203k consultant) What does this mean?  I buy a house for 200,000 that needs 50,000 in repairs and I can borrow the extra 50,000?  Too good to be true?  NOPE.  That's it in a nutshell....

ok details please.........

*  Down payment is basesd on the sale price PLUS the final cost of the repairs x 3.5% so for example:

Sale price is 200,000 (DO not calculate 3.5% on this)  PLUS 50,000 in repairs/costs (which includes certain costs and reserves the lender will require) 250,000 x 3.5%.  Down payment is $8750.00 (closing costs are separate as usual)

* Buyer will hire (lender can recommend) a HUD approved FHA 203k Consultant  to go to the property with the buyer to determine the required repairs and wish list repairs.

 The fee charged by the consultant can be included in the mortgage.  The fee can range anywhere between $ 400 to $1200 depending on the repairs required.  Please check with the consultant prior to scheduling your appointment.

*Buyer will obtain estimates from several licensed contractors for the work to be completed depending on how extensive the repairs.

Three estimates are recommended for each contractor but not necessary.  The buyer can act as their own general contractor only if experienced and licensed.  (FHA says experienced, but most investors require the buyer to be licensed)  The contractors must provide documentation to be approved by the lender prior to approval.

The consultant will determine the "required" repairs versus the "wish list repairs".  You must start with the required repairs and then move on from there for you wish list. This is an important step for the consultant and appraiser so that you don't over improve the home and exceed the comparable properties in the area.

* Once the consultant completes his report of required and wish list repairs, the lender will forward it to the appraiser for an "After Improved Value".  This is where you may run into problems with OVER improving the property based on current values.  Between the consultant, appraiser and buyer - the FINAL FINAL report will be tweeked to come up with a final report that the contractors will be hired to do.

* So now the file is submitted to underwriting and approved ( you need to qualify at the full amount you are borrowing of course, which may include your current mortgage payment for the home you will live in during the rehab period) and the normal steps for closing will occur.

(BIG PLUS - you can include 6 months of mortgage payments in the new loan amount since it's assumed that you will have TWO housing payments during the rehabiliation of the new home.  This money will be deducted each month during the reahab process) This is optional.

* Closing occurs, and the work begins within 30 days of closing/funding. (This is when your mortgage payments start since this is when you started borrowing the money - however, if you included the 6 mths mtg payments, they will be deducted from escrow starting when your first payment is due)

* Disbursments are made throughout the following 6 months from the escrow account (normally 4 draws with one final inspection, but  this can be increased for higher repair amounts) as the work is completed.

Remember you paid the seller for the price of the home, and then you borrowed an additional amount of X which is sitting in an escrow account to pay the contractors (your total loan is the total amount you borrowed)

Once the last disbursement is made and the final inspection showing COMPLETED AS PER THE CONTRACT........you are done! Simple ast 1 2 3  - okay maybe not, but that's why having an experienced lender on your side is crucial!

There are specific properties and repair requirements for this type of loan, so please call me for specific details if this sounds like the right loan for your new home.

Please send me your before and after pics!  I would love to see them and maybe even post them for people to see what can be done with this awesome program!  Or contact Colleen Craig FHA 203k Specialist for more details

See full size image

 Happy Rehabbing!

 

 

 

 

 

 

  

 

 

0 commentsJessica Sulliman • July 15 2009 02:02AM