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Should You Choose a Short Sale Over a Foreclosure?

Saturday, June 5, 2010


Over the past couple of years I often get asked by past Clients this question: We have been making our mortgage payments every month even though our home is underwater. We owe a lot more than our home is worth. Now, we’re thinking about walking away from our home and letting it go to foreclosure, but everyone we talk to are telling us that we may qualify for a short sale. Which is better for us? A short sale or a foreclosure?”

Answer: Whether you should do a short sale or let the home go to foreclosure depends on a number of factors. While for some homeowners, it is easier to throw up your hands and let the bank take your home that might not be the wisest thing to do.

Short Sale Benefits
Here are a few benefits for doing a short sale that may not have occurred to you:
• You are in control of the sale, not the bank.
• You may sleep better at night knowing who is buying your home.
• You will spare yourself the social stigma of the “F” word, foreclosure.
• Contrary to popular belief, you can be current on your payments and still affect a short sale.
• Your home sale will be handled like any other home sale.

Buying Again After a Short Sale
If your payments have never fallen behind 30 days late and the lender does not require that you pay back the loan, Fannie Mae guidelines may allow you to buy another home immediately. The wait for an FHA loan is 3 years.
If your payments are in arrears yet a short sale is granted by your lender, you may qualify to buy another home with a Fannie-Mae backed mortgage within two years, regardless of whether the home is your primary residence.

Buying Again After a Foreclosure
With certain restrictions, you may be eligible to buy another home in 5 years if the home was your primary residence. Without restrictions, the wait is 7 years.
If you are an investor and do not occupy the home, the wait to buy with a Fannie Mae insured loan is 7 years.

Affects on Credit After a Short Sale
A short sale is not a derogatory mark on your credit because credit bureaus do not show the word “short sale” on your credit report. It may say “pay as agreed” or “paid as less than agreed,” among other categories. Some clients have reported negative FICO score drops from 50 points to 130 points.
The point drop is typically due to being in default that is behind on your payments.

Affects on Credit After a Foreclosure
A number of sources have reported FICO score drops from 200 to 400 points after a foreclosure. Generally this credit score will remain on your credit report as a public record for 10 years.

Credit Reports After a Short Sale
All lenders report short sales differently and some do not report them to the credit bureaus at all.
Credit Reports After a Foreclosure
If a prospective employer runs a credit check on you, your job application may be denied if you have a foreclosure on your record.

Deficiency Judgments After a Short Sale
Judgments are often negotiated between the seller and the short sale bank. In some cases, such as California, if the home is your personal residence and was financed through purchase money, there is no deficiency judgment.

Deficiency Judgments After a Foreclosure
Banks are unwilling to negotiate deficiency judgments with the homeowner after a foreclosure. In California, for example, according to the California Association of REALTORS, a deficiency judgment may be filed regarding a hard-money loan if the lender forecloses under a judicial foreclosure versus a trustee sale or if the second loan is a hard money loan and the sale takes place as a trustee’s sale.

Loan Application Questions After a Short Sale
Loan applications do not ask questions about a short sale. You may report that you sold your home.

Loan Application Questions After a Foreclosure
You are required to answer the question: “Have you ever had a property foreclosed upon or given a deed-in-lieu thereof in the past 7 years.” If the bank sees you have had a foreclosure, your loan most likely will be denied. If you lie, you may be subject to investigation by the FBI for mortgage fraud.

Length of Time to Move After a Short Sale
If you’ve had a foreclosure notice filed, you may be able to postpone that action while the bank considers your short sale. The wait for short sale approval can be from 2 to 3 months, or longer.

Length of Time to Move After a Foreclosure
Unless prior arrangements have been made, the bank may want you to immediately vacate the property and can commence eviction proceedings.

Taxation After a Short Sale
A personal residence is exempt from mortgage debt relief until the end of 2012 on a federal level. Some states will still tax you unless you qualify for an exemption. An investor is not exempt from mortgage debt relief, subject to certain conditions.

Taxation After a Foreclosure
Same as with a short sale. Except some lenders immediately send out 1099s, even if the owner is exempt.
In closing, always obtain legal and tax advice before making a decision between a short sale or a foreclosure.

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Posted in Short Sales by Greg Wang 15 comments

Is NOW a good time to become a Real Estate Agent?

Monday, November 16, 2009

New Real Estate AgentsIf you are an individual who has considered getting into the Real Estate business, you have probably asked yourself a hundred times, if NOW is a good time to become a licensed Realtor. Everyone around you is probably telling you NO, but if you asked any successful Realtors, they would probably tell you different.

If you asked any successful Realtors they would tell you that NOW is in fact the perfect time to become an agent. How is this possible you might ask? Upon asking many successful Realtors if NOW would be a good time to become a Realtor, they would presumably tell you that if you can survive and make money in this market, when the market takes a turn for the better, you will reap the benefits of all the hard work you put in during the not so easy market.

Keep in mind, if you are considering getting into the market now, you will have to work much harder than you would, and you will have to affiliate yourself with a Company that can offer you the Management support, the training, and the high tech products and services that the Consumers want these days. As a new Agent, training and Broker Manager Support should be at the top of your list because this will be the key to your success.

Many of the agents, who have been in the Market since it was at its peak will most likely tell you to reconsider Real Estate and not get involved at this time. The truth is this market has taken a toll on these agents, causing a lot of them to give up, finding new careers or an easier ways of making money. Back in the 1990’s, it seemed like properties sold themselves, and agents just got buyers in the door, people would come to them. Now days, the agent has to seek out the client, put in actual work, so to speak. Most of them are not used to this, and just don’t put in the effort they should and consequently they end up out of the Business.

Being an agent takes a certain type of person. You have to keep a positive attitude no matter what kind of market it is. I know that becoming a Realtor in this Market can work for a new agent. Being educated on the market conditions and the high tech products and services that the Consumers want will help you to become a successful agent, if not now than when the Market picks up again. Hard work in this business really pays off, no matter how rocky the real estate market may be. Just like in a good market, you only get what you put into it.

Therefore, if you are considering becoming an agent, simply because you think it’s a lot of money, for so little work then now is not a good market for you. You have to be willing to put in the hard work in order for it to payoff the way you expect. Even in a good market, the harder you work, the more successful you will be. I often remind my Fellow Agents and Broker that Real Estate is the highest paying hard work and the lowest paying easy work.

The “Market” should never determine how successful you will be in any given market. Don’t let the media and all these news reports on the Market scare you. Take all the necessary training classes and speak with your Broker or Manager anytime you start to feel frustrated. If you work with the right Company you always have the support that you need right at your finger tips.

So the next time you ask yourself , if NOW is a good time to become a licensed Realtor, the answer to this question is YES! Take a chance and reap the benefits of this lucrative Business that we call Real Estate. I did!

Posted in General by Greg Wang 42 comments