Michael Roberts' Blog -San Jose Homes, Real Estate and Houses for Sale

You’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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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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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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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!

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I LOVE the video in this link…

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Have you noticed?   Most markets are experiencing a price stabilization, however there are price reductions being made even as late as October.    43% of homes listed in 27 major markets saw price reductions of  $24,781 dollars.

From Rismedia:

Other highlights of the brokerage’s monthly survey of price reduction data include:
-Miami-area (Ft. Lauderdale/Palm Beach) homeowners reduced list prices by the largest percentage at 15.7% or $40,000 on average
-Homeowners in Raleigh-Durham reduced prices by the smallest percentage at 4.6% or $11,000 on average
-Of the markets studied, those with the highest percentage of price-reduced homes are Jacksonville (50.9%), Orlando (50.1%) and Chicago (50.1%)
-Markets with the lowest percentage of price-reduced homes are Denver (31.1%), Los Angeles (33.6%), Sacramento (36.4%) and San Diego (35.7%)
-Markets where sellers have cut the most in absolute dollars are: San Diego ($54,000 median price reduction), Orange County, Calif. ($51, 000 median price reduction), San Francisco ($50,500 median price reduction) and Los Angeles ($43,000 median price reduction).
-As in September, Orange County had the highest median list price at $624,900. Jacksonville, Fla. has the lowest median list price at $172,000.

I love this video series…California from 1939

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650,000

That number represents 20% of eligible homeowners at least 60 days behind in their payments, according to the Treasury report. This is up from 16% a month earlier.

Despite the progress, housing counselors say the number of people falling into foreclosure vastly exceeds the ranks getting assistance. The number of filings hit a record high of 937,840 in the third quarter, according to RealtyTrac, an online marketer of foreclosed homes. That’s a 5% increase from the second quarter and a 23% jump over the third quarter of 2008.

The $75 billion Obama plan is “lagging behind the massive number of foreclosures that continue to pile up,” said John Taylor, head of the National Community Reinvestment Coalition.

But administration officials have said that the program, which was projected to help up to 4 million homeowners, is on track.  On Track?  Which track?  Becsude, if it”s the ‘railroad’ track..we are in REAL trouble.

The above excerpt is from CNNMoney‘s reporting and I have to say I don’t believe the Loan Mod scammers are going to go away soon enough for this to get markedly different anytime soon.

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pic via pibillwarner.files

The Governor of California, Arnold Shwartzenegger recently signed legislation to stop scammers from taking the money of troubled Homeowners and consumers who are looking to mitigate the damage the California economy is wreaking on them.

The California Bar Journal posted the names of some of the culprits and the results of their investigation from the task force created last March.  In this article it makes it clear that Safe Haven may be the most prolific violator of citizens rights.

I wouldn’t profess to be an expert in the world of Loan Modifications and forbearance’s however,  I believe my 16 year old son could do a better job!   What is it with these creeps!

A law is something creeps will simply find a way around.  This may not be the absolute end.

Do you know anyone who has been victimized by a scammer?  Together we can reduce their effectiveness.

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!

It’s a no brainer that housing and jobs are interrelated.  Fix housing and jobs will follow in service sectors and and the manufacturing of products we need at home.

I believe only one thing is going to get our  economy moving again..Housing. We got here because Real Estate based derivatives failed to produce gains. Right?  No money, no growth and no jobs.

The Pending Home Sales Index, a forward-looking indicator based on contracts signed in September 2009, rose 6.1% to 110.1 from a reading of 103.8 in August, and is 21.2% higher than September 2008 when it stood at 90.9. The gain from a year ago is the largest annual increase on record, and the index is at the highest level since December 2006 when it was 112.8.

We got here because Real Estate based derivatives failed to produce gains.   Well, then why doesn’t the government focus more on housing strategies? Obviously, it has been very effective!

This quote proves my point…

Lawrence Yun, NAR chief economist, said the momentum is understandable. “What we’re witnessing is a rush of first-time buyers trying to beat the expiration of the tax credit at the end of this month,” he said. “Home values will stabilize sooner rather than over-correcting. That, in turn, will mean wealth stabilization for the vast number of middle-class families and lay the foundation for a durable economic recovery.”

What if  the Obama administration created another tax benefit for ALL buyers?  Better yet,  produce better guidelines that all banks must use to implement procedures that fast track short sales.  Oh, Oh, Oh I know!   LOAN MODS!!!!!  What happened to all the promises there?    Fix Housing-Fix America!

Even renters could see a benefit.   Consider an apartment owner who would not feel the need to raise rents to their max if he could only get a small loan mod.   Do you think you would be a ‘consumer’ again if you could get a loan mod?   I bet your answer is ” YEP”!  That new TV or new Dining Room table would become affordable for you and that only creates more jobs! Right?

So many sectors of the economy are dependent on housing that it is a big ‘no brainer’  that housing should be the focus.

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You want the Short Sale approved by the Jr. Lien Holder?  It can be like a Birthday Party!

Invite the Jr. Lien Holder to the Birthday Party if you want the Short Sale approved.

Remember when you were a kid and went to  birthday parties and the Cake never seemed to be divided exactly even?    If you saw Johnny get a bigger piece you wanted a bigger piece.  The Jr. Lien Holder has the same reaction.

The Jr. Lien Holder knows  the HUD1 only allocates to them what the First Lien Holder is willing to serve.   All the so called ‘experts’ say they have no recourse.    This is wrong in many cases!  You must persuade them to accept what the First is offering or find alternatives.  They may want the corner piece.  Not only is this important to know and execute, there is the question of the second position.  Is it a purchase money loan or HELOC (Home Equity Line of Credit)?

If the second mortgage is a purchase money loan, loan used as purchase money at the time of the purchase, then there really is no recourse… IF you do not fall prey to their tactics.    But Wait! Is the Second mortgage a HELOC?

In the case of a HELOC their recourse is to leave open the option of  a Deficiency Judgement against you.  It is important to know the law in your State regarding DJs.  Your Realtor and Attorney will know this.

I recently found one of my clients was being led into foreclosure by the HELOC second holder.     Not only was there a so called  “Short Sale Expediting Company” involved there were 2 different lending institutions involved and the cake was not going to be divided evenly.   Birthday parties are always more fun if everyone feels they are getting their fair share of the Birthday Cake.  Actually, the SSEC was not doing anything for my new client.   They had not even tried to cut the cake.    I became involved and quickly learned the Jr. Lien Holder wanted MORE ( Really?) and was not going to settle for what the First was willing to offer.  I found that the Jr. Lien Holder would allow items to paid outside of escrow (POC).   It became obvious they only wanted to see contributions.  They were not necessarily concerned with the size of their slice of cake anymore.  The were more interested in the size of the other pieces.   Guess they didn’t like butter cream either.

Short Sales with 2 or 3 different lenders, in most cases, have a HELOC  in Santa Clara County.  How can you convince them that their piece of cake is satisfactory?    Talk with an accomplished Realtor and an Attorney if you find this is your situation.   Often, you can find a Realtor and Attorney who have a successful record of executed Short Sales and negotiated strongly with HELOC lenders.

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