Archive for the ‘short sales’ Category

Media Optimism. Spring Good Time to Buy and Sell Florida Real Estate

Monday, April 25th, 2011

Will April flowers bring May showers for Florida real estate sales? While some U.S. economists are still singing doom and gloom when it comes to the real estate market, TODAY show contributor and real estate mogul Barbara Corcoran sees some positive signs for prospective buyers and sellers, South Florida Law Blog shares this optimistic outlook.

During a recent appearance on the Today Show, Corcoran talked about her optimism, and why she thinks the spring season could be a great time to buy that dream home.

She sternly disagrees with some economists opinions that real estate prices will fall another 15 to 20 percent. Well, the jury is still out on that one, but let’s look at her glass half full.

Barbara Corcoran on the Today Show

“I think they’re dead wrong,” she told host Matt Lauer, “If you actually look at all the major markets in the U.S., more than half have already come off the bottom and prices are rising.”

For buyers who are thinking of playing the waiting game hoping for lower home prices, Corcoran says don’t. While interest rates are below 5% now, she feels with the anticipated demise of Fannie Mae and Freddie Mac, they won’t stay that low for long.

The reality is,  prices will likely not increase for years considering about nine months of shadow inventory that the banks must still unload! In fact, if the banks did not manage the inventory prices would indeed still be dropping.

Tips for buying and selling in today’s competitive spring market

Buying

  • Buyers have tremendous negotiating power right now, so rather than stay on the side lines strike while the iron is hot.
  • If you’ve got the stones for it, you should bid low and play hardball during negotiations
  • Buyers can also ask for, and often get, lots of extras included with their homes

Selling

  • Sellers should price ahead of the market to get the best chance of completing that sale.
  • If prices are still falling in your area, price your house 5% lower than what the last similar house in your neighborhood sold for.
  • And if you are fortunate enough to be in a market where prices are going up, price it in the other direction
  • The best person to be right now is the seller trying to upgrade to a better neighborhood or school district. What you lose on the sale will more than be recouped on your next home purchase, she said.

“You might take 10% less on your house and resent it, but you’re going to get a 10% discount on the next house and you’re going to be ahead of the game,” says Corcoran.

Lastly, a better indicator of how the real estate market is doing is the amount of open houses taking place, Corcoran said. While these homes won’t show up as sales for several months, the amount of homes garnering interest from buyers will give you great insight into the local market.
If you’re ready to take her advice and trade up to that better home, we are here to help you. Since 1994 Weston Title has been helping Florida homebuyers with real estate closings, title and escrow services.

Good Luck!

Banks Desperately Seeking Short Sales

Sunday, April 17th, 2011

Banks Desperately Seeking Short SalesThere is an interesting practice developing at our nation’s big banks. Borrowers who are in or nearing foreclosure are being offered thousands of dollars to short sale their homes. Some are even being offered $35,000 to get rid of their homes, and quickly. This situation presents an intriguing insight into the way banks are thinking at the moment. Banks would rather pay you and take a loss rather than foreclose on homes.

Do such offers signify that banks have learned their lesson and are trying to get out of sub-prime loans, or are they looking to just prevent further losses? Perhaps the answer is that the banks are concerned about existing home prices. Bank of America’s chief economist, Mickey Levy, while speaking privately, spoke of the concern that the 1.8 million bad loans in the nation will drive down the market if they go into foreclosure. Such fears help explain why the banks are desperate to avoid foreclosing on homes. They don’t want the rest of their loans to become vulnerable: the more foreclosures, the more house prices fall, therefore, the value of the banks’ loans go down and more people want to walk away from their homes, causing the banks even more losses.

In the end, this situation is a win-win. Not only do banks protect home prices, but they stand to get back more money quicker from a short sale than a foreclosure and the good publicity would be a nice change of pace for their PR departments. Homeowners in trouble are also helped because they can get out of their houses with some cash in their pockets and get on with the rest of their lives.

Deficiency Judgments Haunting Return, Jason Lives Once Again

Thursday, April 14th, 2011

Deficiency Judgments Haunting Return, Jason Lives Once AgainLike the never ending horror franchise, deficiency judgments are back. A Florida deficiency judgment occurs when a bank pursues the remaining balance on a mortgage either after a foreclosure or, in theory, after a Florida short sale. Most banks are currently too busy to process deficiency judgments because they are dealing with foreclosures and short sales. Due to the large costs associated with pursuing deficiency judgments, few homeowners who were foreclosed upon will be pursued. Those people whose mortgages were owned by trusts will probably not face a deficiency judgment because of the large costs. Unfortunately, if a community bank owns the mortgage the story might be a little different. Most community banks still have the loans on their books so they will pursue the deficiencies. Also, some community banks have started to buy deficiency judgments for pennies on the dollar for the express purpose of acting like a collection agency. This is good news to keep in mind because, in these situations, the banks will be eager to settle.

While we have addressed the deficiency judgment issue for years now, the Sun-Sentinel has now also reported on the danger of what will soon happen. In two or three years, when big banks catch up with their foreclosures, we will see a flood of such deficiency judgments. The main targets of the big banks will be strategic defaulters. Strategic defaulters are the folks who could afford their mortgages but defaulted because they are so underwater that it didn’t make any sense to pay. Not every strategic defaulter has to worry though. A deficiency judgment can only be entered in foreclosure cases. Short sales cannot lead to a judgment being entered against you unless the bank decides to file an action and litigate in court. An action would require the bank to pay attorneys and other fees with no guarantee of success and scrutiny of their documents, which might lead to sanction if fraud is uncovered.

There is still some time left before we are inundated with deficiency judgments. Nevertheless, everyone going through the foreclosure or short sale processes needs to be on their guard. We here at Oppenheim Law have seen a recent up tick in banks pursuing deficiency judgments. Steps can be taken now that will help protect people against this worst-case scenario, as we have successfully been doing in the last few years.

Oppenheim Law Weekly Winners and Losers: Pending Home Sales, Mortgage Fraud, Job Markets and Subprime Bonds

Tuesday, April 5th, 2011

Reporting on the winning and losing headlines, South Florida Law Blog brings you the break down and what this means to the Florida homeowner.

While South Florida is #1 for mortgage fraud and foreclosure settlement talks between banks and the Obama administration appear futile at best, this week’s new was not all doom and gloom.

Check out Oppenheim Law’s and Weston Title’s picks in the week’s winners and losers for Florida foreclosure, real estate and the economy.

Winners

Pending home sales up 18% in Miami-Dade
Pending home sales rose 18 percent in Miami-Dade County over the course of the past month, according to new data released today by the Miami Association of Realtors.

Pending home sales, which include single-family home and condominium unit sales, were also up 3.24 percent month-over-month in March, the figures show.

“Increased pending sales reflect the existence of pent-up demand and should result in strengthening home values as distressed housing inventory continues to be absorbed,” said Jack Levine, chairman of the board of Miami Realtors.

Hiring Shows Growing Strength
The American job market is starting to show some muscle, according to The Wall Street Journal.

The jobless rate, our most politically salient measure of economic health, edged down to 8.8% in the fourth consecutive monthly decline despite the fact that more Americans entered the job market.
“It’s a very solid report that shows the labor market gaining momentum,” said David Greenlaw, an economist with Morgan Stanley in New York.

The public sector remained a weak point, as local governments shed 15,000 jobs last month in an effort to close budget gaps, but many other sectors showed strong growth, according to The Wall Street Journal.

Professional and business services gained 78,000 jobs. Factories added 17,000 jobs, while health care added 37,000. Over the past 12 months, health care has added an average of 24,000 jobs a month.

Losers

South Florida is #1 for Foreclosure Fraud
South Florida is first in the country for the number of mortgage fraud suspicious activity reports per capita, according to a new report from the Financial Crimes Enforcement Network and The South Florida Business Journal.

The region, which recorded 11,833 such reports last year, also leads the nation in Medicare fraud and auto insurance fraud.

Overall, mortgage fraud reports rose significantly in 2010, with 70,472 reports filed last year, up from 57,507 in 2009.

In Foreclosure Settlement Talks With Banks, Predictions of a Long Process
Little was settled in the first round of foreclosure settlement talks, according to The New York Times.

As negotiations begin over new rules for homeowners who are in default, experts all agree that progress is going to take time.

But lengthy negotiations work to the banks’ advantage, according to The Times.

“The banks’ strategy is to run the clock,” a Georgetown University law professor, Adam Levitin, said. “The chances of a settlement that meaningfully reforms mortgage servicing and makes the banks pay an appropriate price for illegal conduct are rapidly slipping away.”

Draw

Subprime Bonds Are Back

As the economy recovers, long-term investors are willing to take on more risks and subprime and other residential mortgage bonds that helped trigger the financial crisis are back in vogue, according to The Wall Street Journal.

The stock market ended its best first quarter since 1999 last week, with the Dow Jones Industrial Average closing up 6.41% on the quarter.

The willingness to take on risk is helping ordinary borrowers, too, by leading banks to make more nontraditional loans, such as jumbo mortgages, and to charge lower interest rates for them.

While it is encouraging that the markets are continuing on an upward swing, cautious optimism is needed any time subprime bonds are involved.

So, while it looks like housing values keep dropping around the country and new construction is also off, South Florida real estate may have hit rock bottom or close to it.

It seems that South Florida’s position as an international location is encouraging foreigners to swoop in and purchase homes and condos that based on an international standard are outright cheap.  Of course; a strong stock market, a dollar that is fairly weak and the prospect of huge government defecits that forshadows inflation, only helps.


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