By Mary Shanklin
Orlando Sentinel
February 14, 2010
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.
Copyright © 2010, Orlando Sentinel


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

"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."
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.
