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?

Related articles by Zemanta

• H1N1 pandemic may not have peaked, experts warn (ctv.ca)

Buying a short sale is like being a miner…A miner will dig and dig, for months, until they find gold right?  Buying a short sale can be very much like mining for gold.  You need to have a miner’s mindset and use better tools than the others.

“How many months is this going to take?”   This question is being asked with great regularity… too much really.   The answer…It depends on who has the mine.  Period.  If the Listing agent  (who has the mine or short sale) is not proactive then it doesn’t matter how hard your Realtor works or how high your offer is…you won’t find any gold.

Your Realtor is your mining pick.   They need to know how to qualify the listing agent’s knowledge, experience and ability or, at least, be willing to work to help the listing agent make progress with the bank who is ultimately going to approve the short sale and…shine the light on the gold.

A successful gold miner will have a map of the gold mine and know how to navigate it.   Your Realtor of choice will need to have a good map and understand the best way to navigate their way to the gold and extract it.   This map is developed through representing sellers AND buyers of  short sale properties, understanding all the pitfalls  and the best practices to avoid them.

More and more short sales will be coming to the market and,  the best homes and best buys available, will likely be short sales.   This is the market condition reality for the next year or longer according to Banking industry experts and Real Estate professionals based on market statistics and economic conditions.

The extremely low interest rates are bringing droves of buyers out and multiple offers on the best homes are the norm in San Jose as well as Los Gatos and all around Santa Clara County, for that matter.  Too many miners and not enough mines.  You can avoid having to compete with these buyers if you realize they are overlooking the opportunity in front of them.  The Short Sale properties.    Agents are avoiding them because they think  that most of them will never close.    Ahhaa!    The key!   Find other mines!  Be a good miner and have the sharpest pick!