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Short sales and tax credit don't mix

OrlandoSentinel.com

Short-sale buyers race to seal deal before tax credit expires

Even if homebuyers meet April 30 contract deadline, sales might not close by June 30

By Mary Shanklin

Orlando Sentinel

February 14, 2010

Click here to find out more!

Rachel Nacion-Ograyensek and her husband are getting nervous. The house that the two apartment dwellers want to buy -- the one with the double oven, pool and tiled patio -- may slip away from them.

It's on the market as a short sale, so the owner can't act until the mortgage holder approves the discount price. But the Altamonte Springs couple insist on buying their first home in time to take advantage of the federal government's homebuyer tax credit, which now expires April30.

"The house is our dream house -- it's perfect for us," Nacion-Ograyensek said. "We are trying to get in on the tax credit, but it's done in April, and it's already February. We've gotten to the point where we're passively looking for other houses, but none are quite right."

Under pressure from the real-estate industry, Congress extended and expanded the tax credit last fall. It was to have ended Nov.30 and benefit only buyers who had not purchased a home in the past three years. Like the original, the latest version is worth as much as $8,000, but it gives both "first-time" buyers and qualified existing homeowners until April30 to secure a contract on a home, and until June30 to close the deal.

Though real-estate agents and homebuilders hope the measure boosts sales, as the previous version was credited with doing, some fear that buyers intent on getting a short-sale bargain will not make the new deadlines.

In the Orlando area, 67percent of Realtors' existing-home sales in December were distress sales -- and about half of those were short sales, known for taking at least three months to complete. Even buyers who nail down a contract with the seller by the April30 deadline can't be sure the purchase will close within the required two months.

"That's where you get into that riverboat-gambling mentality," said Jim Ruddy, the longtime real-estate agent representing Nacion-Ograyensek and her husband. "Is it worth gambling that $8,000?"

At this point in the tax-credit countdown, buyers interested in purchasing a short sale must decide whether they are really committed to that property -- enough that they would still want to purchase it if they miss the June30 tax-credit deadline, Ruddy said.

Nacion-Ograyensek said she and her husband recently revisited the short-sale house in Altamonte Springs and decided it was worth the gamble. The kitchen is ideal for cooking, and the backyard is large enough if they have children or adopt a dog. They have decided to stick with their plan; still, each day that passes makes them more anxious.

"They are dragging this out," she said of the short-sale process.

In hopes of capturing tax-credit-motivated buyers who aren't focused on distressed properties, Florida's real-estate agents have scheduled an unprecedented statewide open house of properties listed for sale. The event, organized by the Florida Association of Realtors, is set for April10-11 -- just two weeks before the tax-credit deadline.

Kathleen McIver-Gallagher, chairman of the Orlando Regional Realtor Association, said buyers intent on getting the tax credit should be concerned if they are trying to purchase a short sale through lenders known for slow responses to short-sale offers. For example, she said, when one of her buyers made a cash offer on a fixer-upper house, Bank of America did not respond to the offer for more than a year.

As the April tax-credit deadline nears, buyers will probably become more interested in homes other than distress sales, McIver-Gallagher said.

"There are plenty of regular homes out there," she added. "People are getting so tired of short sales."

Compounding the delays are new reporting rules that lenders must now follow. Nate Morris, vice president of Thomas Mortgage and Financial Services, said the new requirements involve good-faith estimates and HUD closing documents.

"It certainly could further complicate things," said Morris, a board member of the Mortgage Bankers Association of Florida. "I don't see this working out till the middle of the year. … Everyone in the mortgage business talks about it on a daily basis."

The revised reporting forms don't accommodate everything that can become part of a transaction, Morris said. For instance, a buyer recently agreed to pay $4,000 in past-due homeowner-association fees, but the new forms have no space to note such an expense, Morris said.

Morris said the original, Nov.30 deadline for the homebuyer tax credit seemed to drive traffic more last fall than the new deadline extension is doing now.

"The original go-around, I used to have a ton of people calling every day. Now I don't get that many calls on it at all," he said.

Mary Shanklin can be reached at mshanklin@orlandosentinel.com or 407-420-5538.

Tired of the cold weather

February 14, 2010  
Where did Florida go?  we've had nothing but cold weather this winter. The sea grapes are leafless, the bananas and palms are brown. The wind is a sharp cold knife.  Ready we are for WARMTH!  this is a photo my friend Mark Wallheiser took somewhere, I think, near the Florida Alabama state line.



Feb 8, 2010 Last night shuttle launch

Taken by my colleague, Sylvan McElroy from the park at the eastern end of Flagler Ave.



We pay credit cards first, then the mortgage - who would have thought?

From the St. Petersburg Times

Plastic beats homes in payment priority

By Jeff Harrington, Times Staff Writer 

Published Thursday, February 4, 2010


Cash is tight. The bills are piling up.

What's more important: keeping current with the mortgage or making those monthly credit card payments?

Increasingly, based on a new study from credit tracker Trans Union, credit cards are trumping the mortgage.

"Conventional wisdom has always been that, when faced with a financial crisis, consumers will pay their secured obligations first, specifically their mortgages," said Sean Reardon, author of the study and a Trans Union consultant. "However … increasingly, more consumers are paying their credit cards before making mortgage payments."

It's a stark example of how the longest and deepest economic downturn since World War II has reshaped financial priorities for American consumers. The radical change in priorities — what TransUnion calls a "payment hierarchy shift" — is particularly pronounced in Florida.

The percentage of Floridians in the study who were delinquent on their mortgages but current on their credit cards rose from 5.1 percent in the fall of 2007 to 12.4 percent in the fall of 2009, a 143 percent increase. By comparison, the U.S. ratio rose from 4 percent to 6.6 percent, a 68 percent increase.  READ MORE HERE

News from the Florida Association of Realtors

News on home sales in Florida:

Florida’s existing home, condo sales up in December 2009 

ORLANDO, Fla. – Jan. 25, 2010 – Florida’s existing home sales rose in December, marking 16 months that sales activity has increased in the year-to-year comparison, according to the latest housing data released by Florida Realtors®.

Existing home sales rose 33 percent last month with a total of 14,630 homes sold statewide compared to 11,013 homes sold in December 2008, according to Florida Realtors. Statewide existing home sales last month increased 4.3 percent over statewide sales activity in November.

Florida Realtors also reported a 91 percent increase in statewide sales of existing condos in December compared to the previous year’s sales figure; statewide existing condo sales last month rose 22 percent over the total units sold in November.

Seventeen of Florida’s metropolitan statistical areas (MSAs) reported increased existing home sales and higher condo sales in December. A majority of the state’s MSAs have reported increased sales for 18 consecutive months.

Florida’s median sales price for existing homes last month was $140,400; a year ago, it was $155,300 for a 10 percent decrease. Housing industry analysts with the National Association of Realtors® (NAR) note that sales of foreclosures and other distressed properties continue to downwardly distort the median price because they generally sell at a discount relative to traditional homes. The median is the midpoint; half the homes sold for more, half for less. 

The national median sales price for existing single-family homes in November 2009 was $171,900, down 4.4 percent from a year earlier, according to NAR. In California, the statewide median resales price was $304,520 in November; in Massachusetts, it was $285,000; in Maryland, it was $245,569; and in New York, it was $210,000.

IMAGES Art Show in New Smyrna Beach

Rainy today in New Smyrna Beach.  Second half of first day of IMAGES rained out.  Tomorrow is supposed to be okay so you still have time. Riverside Park in New Smyrna Beach.  From Orlando take State Road 44 until Bert Fish Hospital on SR 44.  



Painting: Surface by Renee Decator

Florida Bankers want to speed up foreclosure process

James Thorner, St Pete Times reporter writes about a bill to be filed in this year's legislative session in Tallahassee.  Here are the first three paragraphs.  Link to entire story below

"If bankers get their way, Floridians facing foreclosure could be kicked out of their homes in as little as three months.

The Florida Bankers Association, the 400-member-strong lenders' lobby, has presented state legislators with a bill to upend decades of Florida law and establish "non-judicial" foreclosures in Florida by July 1.

What's a non-judicial foreclosure? Banks would accelerate foreclosures against defaulting homeowners by bypassing the courts. Judges would no longer rule on foreclosure cases."


Here's a link to the story Florida Bankers: Shorten foreclosure time

What does short sale mean?

Just got asked this question on TRULIA.  Here's my answer:

WHAT DOES SHORT SALE MEAN?

The word of the day for real estate agents is “short sale.” But what does this term and other buzz words about foreclosure mean to you if you are an owner or want to buy property?

Pre-foreclosure happens when you stop paying your mortgage and the bank files a law suit (lis pendens) against you. Officially your property goes into pre-foreclosure.

You might try working with the bank to reduce payments or restructure the loan.  If that doesn’t work, your property is a candidate for a short sale.

A real estate agent who lists your home as a short sale negotiates with the bank  to sell your house to a willing buyer before foreclosure. The bank “forgives” your loan for lesser amount than you owe. The term forgive is deceptive; your credit is negatively affected but not nearly as much as through foreclosure.

Foreclosure means the Court terminates your ownership rights and the property is given back to the bank for resale.  At this point the property is labeled “REO” or real estate owned.

If you short sale the slate is wiped clean. If the house goes to foreclosure the bank may choose to come after you forever.

SELLERS

If you bought your house at the top of the market you may owe more than you could get at a normal sale. This is called being upside down and it is not uncommon.

More and more real estate agents deal with sellers who face foreclosure because they no longer can afford payments and can’t sell their houses for enough to cover what they owe.

If you or someone you know is upside down think about going the “short sale” route.  You won’t make any money and your credit will be damaged but it is a far better option than what happens when the bank forecloses.

Owners who successfully short sale their homes will find their credit – and ability to borrow money – negatively affected for a couple of years.  Those who let the foreclosure process proceed face a much worse financial scenario. Foreclosure is as bad as bankruptcy on credit – it will be years before you can borrow money.

If you are several months behind in your monthly mortgage payments you may already have been contacted by the bank. The bank may have filed to foreclose on your mortgage. The legal process is called Lis Pendens, which means law suit pending. It serves as public notice that the property owner is being sued. The law suit has been recorded in the Circuit Court and a notice has been delivered to your door.

At this point, consider calling a real estate agent experienced in short sales. Agents who have foreclosure expertise will deal with the bank and help you resolve the situation. If you decide to short sale, remember this:

The agent’s fee and the other selling costs generally are negotiated with the bank.  If an agent asks you to pay an up-front fee, get a second opinion.

Verbal offers don’t count and written offers don’t either UNLESS you and the buyer both sign. The real agent should show you all offers and you should sign them before they are sent to the bank.

The real estate agent should do all the usual things to market your house including advertising, showing it to customers, producing flyers, advertising, real-estate-agent caravans and inclusion in the Multiple Listing Service (MLS) that all area agents see.

BUYERS

The key for buyers is patience. Don’t even think of buying a short sale/pre-foreclosure if you need a house right now. It can take 3+ months to finalize the deal and it can collapse at the very end for no apparent reason.

Have cash or financing in place. VA and FHA loans can be difficult to get through during short sales but cash almost always works.

Keep your expectations low. Some owners going through foreclosure leave the property in bad condition. Stoves, refrigerators, even the kitchen sink may be missing.

Is this a harbinger of good news ahead?

A couple of years ago before the big crash in housing, it was very common for real estate vendors to wine and dine real estate agents. Vendors - the support businesses like title companies, home inspectors, mortgage brokers and the like - spent lots of money trying to get the agents' business.

That dried up when the market went kaput.

So I'm excited that for the first time in years, a local title company invited real estate agents to take a cruise on the Pastime Princess, a 100' deep sea fishing boat that operates out of New Smyrna Beach.  It's a 2 hour cruise with drinks and snacks and what looks like perfect weather.  

THANK YOU PROFESSIONAL TITLE!  I hope it's a sign of things to come.


Blog, blog, blog

September 18, 2009 - I've written blogs before but been unsuccessful for a number of reasons.  This one is associated with my webpage so maybe I'll do better.

For all those who love New Smyrna like I do, it's a great time to be here.  Sunny, warm (warm enough to go swimming still) and just beautiful.  My friends in Tallahassee tell me it's been raining for days.  Becky Sauers - she's a golf pro there - said on Facebook this morning that she was going to have to start teaching swimming rather than golf.  I haven't looked outside lately but I hope the good weather holds because I' going on a river cruise in the late afternoon.

About me

I'm a UGA graduate, a member of Kappa Alpha Theta and a licensed Florida Real Estate Broker. I pull for the Gators because my son's a graduate. I grew up in St. Petersburg and I love New Smyrna Beach! I work for the Keyes Company Realtors.

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