Archive for the ‘Buyers’ Category

Is My Agent Lying to Me? Part 3 Buyer

bbb low-cost housing, tegnestuen vandkunsten

Image by seier+seier+seier via Flickr

part 2

cont. – Start out on right foot. Trust begets trust. Only hire a Realtor you have every confidence is representing your best interests.  Be realistic and above all forthright.  Remember trust is earned.  The agent with the nice personality or “my friend’s friend”  isn’t the answer.   Every person who has been taken by a schiester says “…but they were such nice people.” Well, of course they were!  You wouldn’t give your money to an obvious ‘Vampire’ would you?

That darn Barry Madoff comes to mind.  Yuk!

Don’t run out and buy a box of  rope of garlic!

Note; refer to this list when considering who you should work with:

  • Are they easy to contact?  Are their responses timely?
  • Do they provide a list of past clients?
  • Can I access a 3rd party source where I can learn more about them?
  • Do they possess the skills and principals required to work for me?
  • Does their track record support their claims of success? …more
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Swine Flu Short Sale and Bad Medicine

Short Sales-process-how to-short saleYou’ve heard the phrase ‘a prescription for failure’.   ‘Bad Medicine’ maybe?  Usually we attribute a ‘prescription’ in terms that we are fairly certain to feel better soon.

A short sale transaction tends to leave everyone a little queasy.   No matter how well it is executed by your attorney or Realtor it all started with a little cold.   You have already taken a big dose of medicine just to come to terms with the idea of selling your home.  Now you need a good prescription following a better diagnosis.

After hiring a Realtor to make a diagnosis, be sure there are going to be relapses…lots of little relapses.  Lately, I have seen some that must have felt a little like the H1N1 virus.  The common relapses are multiple lenders, the HELOC problem, the dreaded HOA variables and the always troubling impatient buyer!

Too often ‘experts’ who tell you “everything will be fine”, fail to notice your home is in a neighborhood that has a managing HOA.   Easy enough to remember when it is a Condominium or Town Home community however, many Single Family Home neighborhoods are now ‘managed’ by an HOA.   This is where the cold becomes the dreaded Swine Flu.  In San Jose, nearly every neighborhood built in the last 10 years has some kind of HOA.

What’s the best medicine to protect you from the ‘Swine Flu Short Sale’?  First, be sure to hire an expert with experience that can be verified. This person will be able to diagnose your Short Sale and prescribe the best medicine.  I like to provide contact information of my recently satisfied clients as evidence of my prescribing qualifications.

A few things you will need to know:

1. How much is the HOA going to charge us to transfer the property?

2. Can they transfer?   Has the Builder and HOA agreed to terms of transfer?

3. Are you behind in dues payments?

4. If you are behind, what fees are accruing …daily, weekly or monthly?

5. Is the second loan a HELOC?

6. What are the chances of paying on a Promissory Note after the sale?

These are all unpleasant relapses and the prescription for each can be a negotiated factor if addressed early.  Like ‘an apple a day’ or taking your vitamins can keep you healthy, knowing these ahead of time could prevent a deadly relapse.  If not addressed they will ruin the chances for your approval of Short Sale.  Remember this the sale price approved will not change…Do you know what your second loan is?  Can a Default Judgment be filed?

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Google 3D The Future of Home Shopping

How about shopping online..ONLY…online?   Not likely, but Google has a fun new tool that will definitely keep you staring at your Laptop longer.

Where is this going to take Real Estate?

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Bay Area Price Spike Led By Santa Clara County

Sold Sign

Great news has just been released by Real Estate information service DataQuick – Prices and sales are up in the  nine Bay Area counites !  Maybe not great news for twitchy buyers though.

Silicon Valley Business Journal reports -”The Bay Area’s housing market continued to ease back toward normalcy in October, as fewer distressed properties sold and $500,000-plus sales accounted for a greater share of transactions than a year ago.”

In Santa Clara County the median price in October was $500,000, up 4.8 percent from $477,000 in October 2008. Sales were up 27.9 percent to 1,944.  It has been like the woman assistant in magic show-disappearing.

In June I asked is this a spike in prices?

In addition to the Bay Area overall, three counties – Santa Clara, Marin and Sonoma – saw their median sale prices rise year-over-year last month. The last time that more than one county posted an annual gain in the median was November 2007. Also last month, Alameda, Santa Clara, San Francisco and the nine-county region overall posted single-digit annual gains in their median price paid for a specific home-type: resale single-family detached houses.

Barbara Corcoran ‘Today” Video “homes around the country”

Ok twitchy buyers… here’s a bone…Prices are still lower than they were in 2005.   Your friends may be unwilling to sell their homes,  since they bought at the sharp peak,  but there is an abundance of others to choose from.

How much longer do you think the housing market could withstand the price ‘depression’ in Silicon Valley?

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Is My Agent Lying to Me? Part 2 Buyer

Craigslist headquarters in San Francisco's Sun...

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In Part 1 of the series “Is My Agent Lying to Me?” I shared with you that both Realtor and Seller/Buyer (SB) asked themselves if they were being lied to.  If you are a first time buyer you were probably wondering why would the Realtor question the honesty of the Buyer/Seller’?

Have you found the voice in your head keeps asking, with an annoying little spear in it’s hand, “Is my agent lying to me?”  What do you think the agent’s experience might be with S/B? If their experiences have lacked a large dose of trust…maybe your agent is asking….”Are my clients lying to me?”

Consider the time you bought your car or used dinette set from the guy on Craigslist.    If  you are like me you went in with your game face on and planned to pay as little as possible.  You made him an offer and he countered and back and forth it went.  It was hard, but you got the item(s) at your price.  Or did you pay his price?   I bet you never told the Seller what you were, really, willing to pay for it, Right?  Good!  He probably never told you what he was really willing to accept either.

After weeks and weeks maybe months and months you have looked at dozens maybe hundreds of homes and BAM!  There it is, the most perfect neighborhood, the lawn is so nicely manicured and the front door is painted your favorite color.  You walk in and the kitchen and ahhh, the kitchen.  It’s sunny and bright.  Perfect.  You want this house!  As soon as you sit down with your Realtor to make your offer a funny thing happens.  You get ’The Game Face’.  You tell your Realtor you are willing to pay price X for the home.

Your Realtor provides a Market Price Report or Comprehensive Market Analysis (CMA), call it what you want, and the “market” price is between X and Y.   Uh Oh!   Your Realtor thinks you aren’t paying more than X.    Meanwhile, the Purchase Offer is written, with your X price, and your Realtor submits the offer exclaiming to the Seller you will pay not a penny more.  This is the time when you need a large dose of  hope.   Problem is hope won’t buy the perfect house for you. 

Prepare to compromise and discuss your specific options.

Mary Weintraub, a leading Real Estate tipster and prolific blogger writes…”Nobody wants an agent who is going to order them around and bark demands, but it is perfectly acceptable for a client to be given all the options by an agent…”

Somewhere, in the vast darkness of unconscious reality, the trust issue has already raised it’s ugly head.  That CMA or Market Sales Report (MSR) your Realtor provided for you…the Seller probably has similar information.  You are about to experience the Deer in Headlights look!

Coming in Part 3 … How you can get what you want!

I LOVE the video in this link…

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Fraud and Prevention for Dummies!

Wet Ink issue 9

Have you ever heard the term ‘a wet signature’?

Banks often want to see documents with the original signature called ‘a wet signature’  Often asked for when a notary was not required to witness the signature.    I have been using the Uniball 207 Gel Pen for over 5 years just for the slightly different color of the “ink”.  I had no idea it held a secrtet!!!!

The bank where you have a checking account..LOVES… this video.

Disappearing Ink Video

I usually go through several bubble packs a year.  You can probably get by with just a couple of these beauties!

I have no connection with the manufacturer or distributors..just wanted to give a consumer tip!

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Short Sales with Countrywide B of A WaMu JPMorgan Chase

STOCKTON, CA - APRIL 29:  (FILE PHOTO)An aband...

via Getty Images


Short Sales with Countrywide B of A WaMu JPMorgan Chase are going to become more relevant in the coming year. I just got off the phone with Bof A regarding a short sale I am working to a close.  Word has it the short sale departments, at many mortgage lenders, are expanding and preparing for a bumpy 2-3 years.

UPDATE: 12/09 Changes are being implemented, on-line submission is one interesting change.

It may change the outlook in the foreclosure market as these institutions become more aware of their losses with REO’s.  It is obvious they are learning that the Short Sale option is the better answer.

This B of A employee was quite talkative and shared a few things we all need to know.  Fannie Mae (the government agency)  is causing the most trouble for everyone.   I  do not want to absolve all short sale departments from some responsibility here, yet.   Similar to trying to open a bank safe without a combo the banks have seen massive delays and required information changes coming from Fannie Mae in the form of more…..’forms’.

Have you ever been flustered by those pesky government forms?  You may be sympathetic to the bank….I am not!  I want to call a department speak to a ‘person’ and get the business done…Do you agree?

I have read tons of material from people who claim to have the golden key to helping people with short sales.  The problem is that each and every bank and each and every home/seller is different.  There is no one golden key.

Short Sale departments receive over 100000 faxes a day and most of the specialists have  well over a thousand files each.  Hire more specialists ever occur to anyone?  Each person considering a short sale option has very different financial needs, assets and goals.  Not to mention, different mortgage companies.

It is important to know where and how to make your short sale more visible with the mortgage servicer and understand how people work.  Hiring a short sale professional is strongly recommended one with experience and a temperament to fit.

Do banks lie?  Yes and No. The contact numbers are constantly changed, staff is moved around and responsibilities are adjusted all the time from the client bank (the one who hired the servicer i.e. Wells Fargo).  The client bank delegates directives to the servicer to create guidelines used to gain their short sale approval.  Changing the rules of the game.  Is that lying?

This link takes you to my FOX News Interview broadcast Video

Being prepared for these guideline changes, before they are implemented,  will reduce the anxiety in this very frustrating process.  Your chosen professional should have a strategy to employ.

When you are willing to change, bend, search, use good practices and LISTEN the ordeal will come to an acceptable close.

Find a professional to represent you, employ them and prepare for a few bumps.

Hold on turbulence are ahead as change is sometimes not easy.  I am preparing everyday for the next bump.   I have my seatbelt drawn tight.

Update 12/22/2009 New FHA lender rules for short sales

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Home Prices are UP! Is it a spike?

home-prices-up-img-for-postsFollowing  very active home sales for nearly 60 days creates a problem for everyone!   What is a market price now?   Is it a Seller’s market or a Buyer’s market.    Well,  it sure is a market of change in all areas of Santa Clara County according to market statistics. Consider these 10 facts…

1. A spike in local sales activity. A spike refers to a significant rise in the number of home sales (or values) in a local market area, which generally is measured month to month. A spike does not necessarily mean continued growth, i.e. it could be a one month phenomenon.

2. Higher asking and selling prices vs. appraisal value opinions for residential properties. Appraisers study the markets; they do not make the markets. When the data shows higher sale prices in comparable properties market value opinions will increase proportionally. Appraisers seek evidence of value but do not create the value. In time periods with low activity, evidence of any kind is difficult to find.

3. More activity at open houses. Open houses with five to eight attendees is considered average,  so a dozen or more people attending, like we are seeing in Los Gatos and Cupertino,  open houses means buyer interest is picking up. Also, the mood of the attendees is important. Are they optimist and upbeat? Buyers interest alone does not always translate to effective purchasing power. If the number of buyers in the market increases but they do not have requisite down payments, the sales may still not occur.

4. Shorter marketing times. In some markets like  Downtown San Jose, houses have been up for sale for more than a year. In most balanced residential markets, properties that are priced competitively will typically sell in less than six months. If the Days On Market (DOM) is shortening, many practitioners will read an improvement in the market.

5. Reduced number of foreclosures and short sales. A reduction in these transactions commonly signals a more balanced market. This has become very evident in the  Cambrian area.  If lenders are reluctant to foreclose because of an oversupply of inventory, they may choose to wait to repossess the properties, which could allow a spike in the number of foreclosures later despite a better market condition.

6. Stabilized employment. Stable or increasing employment rates provide the necessary confidence for potential buyers to invest in a home. Since most buyers rely on borrowed funds to make real estate purchases and borrowing money usually requires a source of repayment and that usually means jobs, an increase in this basic need, will enable more real estate sales.

7. Fewer buyer incentives and seller concessions. Seller-paid incentives or concessions are a sign of seller motivation. If there are fewer builders offering “free” upgrades and fewer sellers sweetening the deal with big screen TVs, it may be a sign of lessening supply and therefore a better market.  The First Time Buyer Tax Credit is helping here a bunch!

8. New construction starts. Most builders are quite attune to their markets and will not build new homes without a corresponding contract for sale or a perceived increase in demand. An increase in the number of building permits usually indicates higher demand and higher prices. If residential properties are selling for 25% less than they cost to build, only a few new homes will be built. It would be prudent to buy an existing home rather than build a new one for a much higher price.

9. “Move-up” buyers entering the market. More buyers willing to move to a larger or superior quality home indicates a healthy market. The lack of buyers at the lower end of the price range will have a chain reaction throughout the market. If a buyer for a high priced home has a lower priced home to sell first, the sale of the higher priced home may have to occur before the higher priced one can sell.

10. Apartments advertising renter specials - fewer renters in the market may indicate more people are moving into owner occupied homes or it could indicate a reduction in population. Lower population will cause an oversupply of housing which will oftentimes permeate throughout several markets.

First Time Buyer Credit Myth?

small-home-in-hands-img-for-postsBringing the Dream of Homeownership Within Reach

I have waited to post this info since, the last time the program was announced it was removed and now, finally, we can rely on it’s use.   I have added a link below, from the housing dept., to clarify the details for you and everyone in our Santa Clara County community of interested buyers and investors.

Congress has passed the legislation that grants a tax credit of up to $8,000 to first-time home buyers.

Here is more information about how the 2009 First-Time Home Buyer Tax Credit can help prospective home buyers become part of the American dream.

Who Qualifies?

First-time home buyers who purchase homes between January 1, 2009 and December 1, 2009.

To qualify as a “first-time home buyer” the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase.

Which Properties Are Eligible?

The 2009 First-Time Home Buyer Tax Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops.

How Much Will the Credit Be?

The maximum allowable credit for home buyers is $8,000. Each home buyer’s tax credit is determined by two factors:

The price of the home-the credit is equal to 10% of the purchase price of the home, up to $8,000.    In our San Jose market this is a no brainer…the whole $8000 credit can be used if you meet the income restrictions.

The buyer’s income-single buyers with incomes up to $75,000 and married couples with incomes up to $150,000-may receive the maximum tax credit.

How to use the credit

If the Buyer(s)’ Income Exceeds These Limits, Can He/She Still Get a Credit?

Yes, some buyers may still be eligible for the credit.

The credit decreases for buyers who earn between $75,000 and $95,000 for single buyers and between $150,000 and $170,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income-over $95,000 for singles and over $170,000 for couples are not eligible for the credit.

Will the Tax Credit Need to Be Repaid?

No. The buyer does not need to repay the tax credit, if he/she occupies the home for three years or more. However, if the property is sold during the three-year period, the credit will be recouped on the sale.

Foreclosures Available in CA.

RealtyTrac®, one of the leading online marketplaces for foreclosure properties, released its May 2009 U.S. Foreclosure Market ReportTM, which shows foreclosure filings-default notices, scheduled auctions and bank repossessions-were reported on 321,480 U.S. properties during the month, a decrease of 6% from the previous month but an increase of nearly 18% from April 2008. The report also shows that one in every 398 U.S. housing units received a foreclosure filing in May.foreclosure-img-for-posts2

“May foreclosure activity was the third highest month on record, and marked the third straight month where the total number of properties with foreclosure filings exceeded 300,000 – a first in the history of our report,” said James J. Saccacio, chief executive officer of RealtyTrac. “While defaults and scheduled foreclosure auctions were both down from the previous month, bank repossessions, or REOs, were up 2% thanks largely to substantial increases in several states, including Michigan, Arizona, Washington, Nevada, Oregon and New York. We expect REO activity to spike in the coming months as foreclosure delays and moratoria implemented by various state laws come to an end.”

Nevada, California, Florida post top state foreclosure rates

Nevada continued to document the nation’s highest foreclosure rate, with one in every 64 housing units receiving a foreclosure filing during the month – more than six times the national average.

With one in every 144 housing units receiving a foreclosure filing during the month, California posted the nation’s second highest state foreclosure rate despite a 4% decrease in foreclosure activity from the previous month.

Florida posted the third highest state foreclosure rate in May, with one in every 148 housing units receiving a foreclosure filing during the month

Arizona posted the fourth highest state foreclosure rate in May, with one in every 158 housing units receiving a foreclosure filing, and Utah posted the fifth highest state foreclosure rate, with one in every 316 housing units receiving a foreclosure filing.

Other states with foreclosure rates ranking among the nation’s 10 highest were Michigan, Georgia, Colorado, Idaho and Ohio.

Top 10 states account for nearly 77% of total U.S. foreclosure activity.

California reported 92,249 properties with foreclosure filings in May, the highest total of any state and up nearly 23% from May 2008. Bank repossessions in California were down 1% from the previous month and defaults were down 18%, but scheduled auctions were up 18%.

Default notices, scheduled auctions and bank repossessions in Florida were all down from the previous month, but the state still posted the nation’s second highest number of properties with foreclosure filings: 58,931, up 50% from May 2008.

Nevada documented 17,157 properties with foreclosure filings in May, the third highest total of any state and up nearly 83% from May 2008. A 23% increase in bank repossessions helped push Nevada foreclosure activity up 5% from the previous month.

Other states with totals among the 10 highest in the country were Arizona (16,865), Michigan (13,891), Ohio (11,360), Illinois (10,942), Georgia (10,516), Texas (9,813) and Virginia (5,385). The top 10 states accounted for nearly 77% of total properties with foreclosure filings nationwide.

California, Florida, Nevada dominate top 10 metro foreclosure rates
Foreclosure filings were reported on 14,681 Las Vegas properties in May, one in every 54 housing units – more than seven times the national average and the highest foreclosure rate among metro areas with a population of at least 200,000. The city’s foreclosure activity increased 4% from the previous month and 78% from May 2008.

California and Florida accounted for the remainder of top 10 metro foreclosure rates.

California cities accounted for six of the top 10 spots: Stockton at No. 2 (one in 68 housing units), Modesto at No. 3 (one in 71), Riverside-San Bernardino at No. 4 (one in 75), Merced at No. 5 (one in 78), Bakersfield at No. 7 (one in 94), and Vallejo-Fairfield at No. 9 (one in 101).

Florida cities accounted for three of the top 10 spots: Cape Coral-Fort Myers at No. 6 (one in 82 housing units), Orlando-Kissimmee at No. 8 (one in 101), and Miami-Fort Lauderdale-Pompano Beach at No. 10 (one in 105).