Simple Explanation For Why HAFA Will Not Help Short Sales With 2nd Mortgages

The always excellent Calculated Risk goes into the simple reasons why 2nd mortgage holders are unlikely to embrace HAFA.

When a 2nd mortgage holder can only recover 3% of the loan or $3000, whichever is LESS, and they have to release the seller from all future liability, I can see why they will not be quick to take the deal.  In Minnesota, a foreclosure does not wipe out the 2nd lienholder’s rights and therefore it’s quite possible that they will seek future payments via collections – I could imagine them getting far more than 3% back that way.

While some 2nd mortgage companies have already been taking payments around this amount, many will not and I don’t see that changing – HAFA will help, but it will help far more on homes where there is only one mortgage vs two.

If you’re eyeing a home that’s a potential short sale, be prepared to be in it for the long haul.  Short sales can be more time consuming than traditional sales, but if you’re in a position where you can be flexible with your close date, your patience could well be worth the wait.

A short sale means that the seller has negotiated or intends to negotiate – with their lender to pay off their existing mortgage for less than what they owe on the home. This is different from a foreclosed home, where the homebuyer has defaulted on the loan and the lender already owns the property. With a short sale, you are negotiating with not just the seller but also the lender; even if the seller accepts your offer, the lender may not.

Keep in mind that it’s important to work with a real estate professional that is experienced in short sales.  They can help expedite the process and protect your interests as a buyer. In addition, remember to:

  1. Do Your Homework. Before you put in a bid, find out how much the home was purchased for, what the tax assessed value is, and how much comparable homes in the area sold for. You could also learn whether a foreclosure notice has been filed, how much is owed to the lender and whether there’s a second mortgage on the home. All of this is important because it will help you determine how much to offer on the home.Keep in mind that if the property is priced below market value, it’s likely there will be multiple offers. In addition to putting in your best and highest offer, make your overall bid as attractive as possible. Include a pre-approval letter from your own lender, don’t ask for the seller to pay closing costs and it should go unsaid that the offer cannot be contingent upon the sale of your home.
  2. Be Prepared for a Long Wait. Once the seller has accepted your offer, you then need to wait for the “real” approval from the lender. It could take a while-anywhere from two weeks to six months or even longer to get a response from the lender.You could make your offer contingent on the lender’s response by a certain date after which you rescind the offer. But keep in mind that the lender will accept the best offer, so even after you submit your bid, another buyer could outbid you while you’re waiting for a response.
  3. Remember the Inspection! Remember that with a short sale, you’re buying a home “as-is”, so it’s very important to make the sale contingent upon a home inspection. But even if the inspection points out things that are wrong with the house, lenders typically won’t pay for suggested repairs, deferred maintenance or home protection plans.Patience is the name of the game when buying a short sale, but good homes will come to those who can wait.

Source: edinarealty.com

Traditional, Bank Owned and Short Sales – A Comparison

Most of my buyers are NOT housing experts… they are “regular people” and are experts in whatever field they work in but not in real estate.  That’s just fine because that’s why people like me have jobs doing what we do!  One of the most frequent topics that comes up is the differences between traditional sellers, short sales and bank owned (aka foreclosure or REO) homes.  Below you will find a summary of many of the big differences, which is also available in a PDF one-page format if you’d like to print it.

Traditional Seller

What is it?

Most often Traditional Sellers still occupy the home. The Seller is the home owner and they can afford to sell the property at the price listed in the MLS without approval by a 3rd party. Moving by CHOICE.

Condition of

Property

Usually home is maintained appropriately and may only need minor repairs/cosmetic updates. Utilities are current-water & heat have been kept on.

Disclosures &

Warranties

Seller is required by law to disclose defects in the property. Sellers will be able to educate Buyers on work done to the home & any prior problems/issues; frequency & how issue was resolved. Small claims court or arbitration are legal options Buyers may use to pursue Seller if they feel an issue was not properly disclosed.

City

Inspections

(if required)

Seller will have any city required inspections completed per city code. Often Seller will repair major items found on the inspection prior to listing or will negotiate with the Buyer on responsibility of those repairs. Traditional Sellers are typically the most practical and flexible when it comes to inspection issues.

PA

Response

Timeline

Listing agents can typically get an offer to a Seller & have their response back to the Buyer within hours or a day at most.

Financing

Options

Due to condition, most homes will meet FHA, VA & Conventional appraisal and underwriting guidelines.

Closing

Sellers and Buyers attend closing together and sign all paperwork. Often a bonding moment over the transfer of home to new owners.

After

Closing

Some Sellers & Buyers exchange contact information in case there is a question about how something works in the home. If the Buyer feels there is a problem with the property, they contact their agent who will contact the Sellers agent to try to resolve issue.

 

Short Sale

What is it?

Seller may or may not occupy property. They are facing a financial hardship (the house may or may not be in foreclosure) and have the home listed for sale at a price less than they can afford to accept.  They are asking their lender(s) to agree to take less than the amount owed on the home as payment in full so they can sell the home.

Condition of

Property

Homes are often in a state of disrepair due to inability to pay for required maintenance/repairs. Homes are often vacant and show signs of distress, wear & tear or lack of care. There are of course short sale properties in “mint condition” but these are the exception.

Disclosures &

Warranties

Seller is required to disclose defects in the property, however may require the Buyer sign an “As-is” Addendum due to the fact they may have vacated the home months ago & are unsure of changes in condition. Disputes after closing may be harder to resolve as seller may have little to no financial assets to seek for damages.

City

Inspections

(if required)

Seller likely does not have funds available to pay for city inspection, so many aren’t done until AFTER a Buyer has had their Purchase Agreement signed by the Bank (which could be months after offer was submitted). Sellers typically require Buyers assume responsibility for those issues & escrow 1.5x the cost of the repair at closing if required by Buyer’s lender or city code.

Purchase

Agreement

Response

Timeline

Listing agent needs to track down Seller, have them sign Purchase Agreement and then get it submitted to Seller’s mortgage company. Can be 3 weeks to 3 months before Seller’s mortgage company responds.

Financing

Options

Current condition may make FHA and VA mortgages harder to get due to tougher condition guidelines but many will still qualify. Conventional normally not a problem.

Closing

Seller will often presign required short sale package from lender & send power of attorney to closing. Closing docs will need to be submitted to mortgage company & deficiency must be signed off on by mortgage company. Sometimes Seller does attend closing.

After

Closing

Sellers are gone-occasionally a delinquent utility bill will surface. Home may still have debris remaining and/or may not have all of the personal property as agreed upon & sometimes appliances go “missing”.

 

Foreclosed/Bank Owned

What is it?

Vacant home. The prior home owner lost the home through the foreclosure process or gave the keys back to the back in what’s called a “deed in lieu”. Seller is now the bank who filed the foreclosure action. The price listed on the MLS is a price the seller will accept, though it may require additional approvals.

Condition of

Property

Vacant properties-remaining personal property & garbage has been removed. Home is left in last known condition & has been winterized to prevent pipes from freezing/water damage & mold, though some foreclosures are damaged prior to the bank’s possession.

Disclosures &

Warranties

No disclosures/property history available. Buyers must sign “As-is” Addendum as part of Purchase Agreement releasing Seller/Bank from liability on non-disclosed issues. Seller/Bank would have no known prior knowledge of defects since they have not lived in the home-many Banks have not ever seen the property they are selling.

City

Inspections

(if required)

City inspections usually completed as required by city code, however, Buyer is required to assume & escrow for the repairs. Many cities require Buyer to escrow 1.5x the cost of the item at closing.

Purchase

Agreement

Response

Timeline

Listing agents can get offers submitted to banks (during business hours) and Buyer usually gets a response within

24-72 hours.

Financing

Options

Some are in good condition but the majority have some issues that make FHA & VA financing difficult- each property must be evaluated separately.

Closing

Seller/Bank will presign all docs and send them to title company for closing. They will require the final HUD-1 settlement statement to be sent to them 72 hours prior to closing for review-sometimes the Seller takes extra hours or days to sign and closing is delayed.

After

Closing

Home is de-winterized, home may or may not have all of the personal property/appliances as seen at the home prior to closing. Seller’s “As-Is” addendum covers Seller/bank in the event something goes missing prior to closing.

 

Coming Soon – New Foreclosure & Short Sale Search Options

10 months after the Minneapolis/St. Paul area MLS (RMLS of MN) made available the somewhat-useful-but-really-bastardized-lender-mediated-mls-field and 14 months after I started openly pushing for specific fields, they have now come to see the light and are redoing the fields as three separate and distinct fields that address each of the major questions/problems of lender mediated listings:

Three new required fields will be added to NorthstarMLS. (Tentatively planned for activation Tuesday night–we will let you know if that changes.)

The current “In Foreclosure/Lender Owned?” field will be replaced with two separate fields: “In Foreclosure” and “Lender Owned.”  As with the current combined field, the options will be Yes, No and Not Disclosed.  For current listings, both separate fields will automatically be populated with whatever you have selected for the combined field.  If this is incorrect for either of the separate fields, you will need to edit it in Home Base.

If you have any Saved Searches in Matrix that include the current “In Foreclosure/Lender Owned” field, it will automatically be replaced with the single “In Foreclosure” field.  If you want to add “Lender Owned” to any of your current saved searches, you will need to revise them.

NorthstarMLS continues to define “In Foreclosure” as:  The homeowner being served official notice of foreclosure by a governing entity.

“Short Sale?” is our third new field.  The options here are also Yes, No and Not Disclosed.  Existing listings will have nothing selected for this field.  If you want to make a selection, you will need to go to Home Base and edit the listing.

For NorthstarMLS, we define “Short Sale” as:  A transaction where title transfers; where the sale price is insufficient to pay the total of all liens and costs of the sale; and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies.

For all three fields, you should have the seller’s signed consent for a disclosure of “Yes.”  You can get this through their signature on the Listing Input Form or on a Change Form.

The new fields will also be available for broker/agent Web sites (through Broker Reciprocity) after a three week notice period for developers.  Therefore, the new fields will be visible to the public.

So based on my math, by mid-May consumers searching public web sites (and agents using our proprietary system) will both be able to clearly identify & separate MOST properties as short sales, bank owned, or traditional sellers.  I say most because “not disclosed” is an option for all three fields.  Many will assume “not disclosed” means Yes but that will not always be the case.

At a time where lender mediated sales are full 1/2 of the sales in our market, any further detail we can use to help us parse the listings is quite welcome.  The differences between foreclosed homes, short sales, and traditional sellers is huge and many buyers have specific wants/needs that dictate their need to focus on only certain types of listings.

The other great benefit is that in the coming months the reporting that MAAR and I have put out will be able to clearly differentiate between the three types of properties and produce statistics on each category of properties.  This could lead to dramatic enchancements to our reports but due to the timing of the system changes we likely will not have sufficient data to make the differentiations until July or August at the earliest.



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TwinCitiesRealEstateBlog.com is not a Multiple Listing Service MLS, nor does it offer MLS access.
This website is a service of Aaron Dickinson of Edina Realty, a broker Participant of the Regional Multiple Listing Service of Minnesota, Inc.