Foreclosure activity continues to slow throughout the United States.

According to data from RealtyTrac, a national foreclosure-tracking firm, the number of foreclosure filings dipped below 215,000 in September 2011, a 6 percent decrease from August.

A “foreclosure filing” is defined as any foreclosure-related action including Notice of Default, Scheduled Auction, or Bank Repossession.

September marks the 12th straight month in which foreclosure filings fell year-over-year.

There are several reasons why foreclosure filings are down, including an increase in the amount of time it takes banks to move a foreclosure through its pipeline. It now takes a nationwide average of 336 days from the date of initial default notice to bank repossession.

Some states work quicker than others, however, because of a combination of state law and personnel.

Homes in New York take an average of 986 days to foreclose, for example, the longest in the country. Homes in Texas foreclose the quickest, registering just 86 days.

As in prior months, bank repossessions remain concentrated by state. Just 6 states accounted for half of the country’s REO last month:

• California : 16.6 percent
• Georgia : 8.5 percent
• Florida : 8.3 percent
• Texas : 6.2 percent
• Michigan : 6.1 percent
• Illinois : 5.2 percent

Collectively, these 6 states represent just 36 percent of the nation’s population.

By contrast, the bottom 6 states were home to just 192 repossessions last month — 0.3% of the national total. Those 6 states were Alaska, Wyoming, District of Columbia, North Dakota, South Dakota, and Vermont.

For home buyers in Broomfield , shopping for foreclosed properties can be an excellent way to get “a deal”. Foreclosed homes typically sell at discounts as compared to “non-foreclosed” homes, but are often sold “as-is”. This means that homes listed for sale may be defective or out-of-code.

Before placing a bid on a foreclosed home, make sure that you’re represented by an experienced real estate professional. 

Really?  Not a short sale?  Not a foreclosure?  It’s called a ” Deed in Lieu of Foreclosure” which actually lets a homeowner voluntarily turn over the deed to their house to the lender!    This is not a new concept, however, neither is foreclosure, but this crazy real estate market we are living in now requires that you cover all you bases before making a final decision on how to get out from under your mortgage.  Even thought the federal government launched some new rules earlier this month concerning short sales, some homeowners might not quality for a short sale because they have no hardship. Could this be you?  Read on please….

A Deed in Lieu options sometimes allows the homeowner to negotiate more favorable exit terms than a foreclosure allows.  It is a signed written legal instrument that is used to grant a right that will convey all interest in your property to the mortgagor to satisfy a loan that is in default, ultimately avoiding foreclosure.  If you have already declared bankruptcy, however, and your home is part of the bankruptcy, a Deed in Lieu will not apply. After talking to a short sale facilitator recently, I found out that If you are contemplating bankruptcy sometimes it’s best to settle your real estate affairs, either with a short sale or deed in lieu prior to filing for bankruptcy.  You should always professional legal and accounting advice before making your final decision.  

Here are few of the advantages that I found for both the borrower and the lender:

Advantages for the homeowner:

• The borrower is immediately released from “most” or all of the personal indebtedness
• The borrower avoids the public notoriety of a foreclosure proceeding
• The borrower may receive more generous terms from the lender than if they went into formal foreclosure
• The borrower’s credit might be hurt less than with a foreclosure, however, if you are concerned about your credit, a short sale is the best alternative.  The bank still has to re-sell your house with a Deed in Lieu to recoup their costs, it’s a close cousin of foreclosure.
• The borrower might be able to stay in the house a few months longer

Advantages for the lender:

• Lender has a reduction in the time and costs of a repossession
• Lender has a lower risk of owner revenge (vandalism before sheriff eviction), although lenders have the option of coming after the homeowner if there has been vandalism). Remember in your mortgage contract….there’s this clause that says..you will maintain the property and not damage it.
• Lender can potentially save tens of thousands of dollars in legal fees and other costs associated with foreclosure

Contact your lender and discuss your options before it gets too far down the road.  As always, communication is “crucial” with your lender to get maximum outcome.  Here are some things you should also know in order to be considered for a Deed in Leiu of foreclosure:

• Both lender and borrower must enter into this agreement voluntarily and in good faith – which means with honest intentions
• The value of the agreement between you and your lender must be at least “fair market value of the home”, which is the estimated value that a knowledgeable, unpressed buyer would pay a seller in the current real estate market.
• Sometimes the lender will agree to a Deed in Lieu even if the amount owed on the mortgage is more than the current fair value, because they will end up with the property anyway
• Lender will want the borrower to sign a written offer of conveyance stating that the offer and negotiation is being done voluntarily.  The will prevent either party from presenting evidence that contradicts or adds to the written contract and will protect the lender from a  possible claim that the lender acted in bad faith or pressured the borrower into the settlement.
• Get in writing from the lender “debt forgiveness”  otherwise they may come back and ask the for difference.

One more important thing to note is  “document everything”, from phone calls to certified letters and please don’t forget to have an attorney help you with the negotiations. I wouldn’t suggest negotiating this alone.

As a Realtor on the Troia Team in Boulder Colorado, we are doing our due diligence to educate ourselves and our clients as to what the options are for them.  We know how hard it can be, we’ve worked with many home owners and understand the complexity, complications and the anxiety that are a part of our real estate world today.  How may we help you?

Yes, we can help! Short sales are increasingly common as new government acts have passed to find alternatives to foreclosures.  You are not alone.  The economy is tough in Boulder Colorado and elsewhere;  people are losing jobs and it’s been a difficult time in real estate as property values have dropped below mortgages owed on homes.  This makes it difficult to refinance and when it’s hard to pay on that mortgage, you find yourself in a dire situation.  Often times if you qualify, a short sale is a better solution that foreclosing.  It’s not as hurtful to your credit and the bank is willing to accept a payment lower that the borrowed amount in order to avoid foreclosure costs.  The Troia Team has written many blogs on the topic so if you feel you are a candidate for a short sale, let us know.  We can help.   Because we have covered the positives to a short sale and explained the process in detail, I wanted to use this blog to provide examples of short sale hardship letters.  These are necessary to submit to a lender when simultaneously submitting the other necessary documents that go along with a short sale request to the bank.  Click here for hardship letter examples.

EXAMPLE ONE:

To Whom It May Concern:

This letter is a explanation of our financial hardship for short sale documentation.

At the time I bought a home, my wife and I were full time employees of long standing companies.  Upon the harsh economic times, lay offs were inevitable and my wife and I both found ourselves laid off.  Not to mention, a baby on the way.  We were unprepared for this unknown fate and as a result, have not been able to make our mortgage payments.

The current market conditions resulted in an under appraised home.  We have both been laid off for almost a year, thus depleting our savings.  Although our efforts to find new jobs has been a full time job in itself, no jobs have become available in this area.  I finally received a  job offer in another state, but the pay is much less and my wife is staying home with our new baby.

I feel certain that a short sale is the best option for us to get out of this situation and hopefully move forward with our lives.

Thank you in advance for allowing us this opportunity to short sale on our home.

Please do not hesitate to contact me and our Realtor who is assisting us in this entire transaction.

Sincerely,

EXAMPLE TWO:

We are writing this letter regarding our property at 123 Martin Road.  Even with the willingness from Bank of America to work with us, we have found ourselves unable to make any more mortgage payments and are behind two months already.  We were a two income family until my husband suffered many medical conditions due to the laborous conditions of his job.  His back ailments have left him unable to work and I can not make enough to support the monthly mortgage payments along with the new medical bills we’ve encountered.  Not to mention our other bills are behind and our bank accounts depleted.

Please accept this short sale offer on account that we are experiencing financial hardship and medical issues.  We would like to downsize to a smaller home near family and rent until our conditions approve.

We have tried every possible avenue to cure our struggles and afford our home, but we are not able to maintain payments at this time.  Please help us avoid foreclosure and accept the attached offer presented by our Realtor.

Regards,

…..Yes, this is a hard action to take and often a short sale is a last resort before foreclosure. The Troia Team of Boulder Colorado is an experienced real estate team and we care about your outcome.  Let us assist you with what we do best.  Contact me for further information.

A short sale is when the real estate sale proceeds fall short of the balanced owed on the property’s loan.  This happens when the borrower is unable to pay their  property’s mortgage.  Instead of penalizing the mortgagor, the lender agrees to sell the property at a moderate loss.   This is an advantage to both parties as  it allows them to avoid foreclosure, which involves hefty fees for the bank and poorer credit report outcomes for the borrowers. Clients in Boulder ask this all the time and no,  this may not release the mortgagor from their deficiency. Neither foreclosure nor a short sale leaves you free and clear.

Definition made simple of foreclosure: when the borrower is legally removed as owner to their home.  Ownership is terminated due to late payments (default).  The property is sold at a public auction.  Proceeds go to payment of the balance.  When the bank buys the property at the auction, it is then put on the market.

If it’s right for your situation, a short sale would occur before the home goes to auction.  A Realtor lists the home in hopes of selling and presenting an offer to the bank before the sale date.  This date can be extended while the home is listed.  Two basic scenarios: 1) Home receives an offer and the bank accepts = no foreclosure. 2) Property receives no offers or the bank rejects offers = home goes to auction & foreclosure.

CREDIT SCORE

Foreclosure: Can stay on your record for up to 10 years and drastically reduces your credit score 300 points!  vs. Short Sale:  Don’t plan on buying another home in Boulder County (without cash) for two years and the score is lowered about 50 points.

CREDIT HISTORY

Foreclosure: Recorded on public records.  vs. Short Sale: Recorded by mortgage company as “paid”, “paid as negotiated”, “settled in full”.

CURRENT EMPLOYMENT

Foreclosure: Because it is on your credit report, it’s possible for employers to check the information and terminate employment as well.  vs. Short Sale: Not on your report – no indication of loss – no employment termination.

FUTURE EMPLOYMENT

Same as above.  Forclosures on your record are public information to future employers; like a DUI.  They may use their discretion. vs. Short Sale: no record = employers can’t know.

DEFICIENCY JUDGEMENT

Foreclosure: the bank has the right to pursue the deficiency of the loan.  vs. Short Sale: It is possible to negotiate with the lender to give up the right to pursue the deficiency.

DEFICIENCY AMOUNT

Foreclosure: If the home does not sale at auction, it will go through the REO bank system.  This results in a prolonged sale process, resulting in possible larger deficiencies. vs. Short Sale: Because they can be sold at near market value, the deficiency could be forgiven.

We have all been reading and hearing about all the bail out bills and the latest $75 billion to aid homeowners at risk of losing their homes.

I found this clip on CNBC which is entertaining and might be right on.   Watch and tell me how you feel.   See Rick Santelli take down Cramer!

I know…I know…how can I possibly be talking about buying investment property with the recent developments in the economy.  The truth of the matter is rates are still at historic lows and it’s a buyer’s market in Boulder Colorado.  With depreciating home prices and a rise in foreclosures, why not try investing in real estate?  Sure, it’s takes some experience but with these helpful strategies, you’ll be ready to close a deal in no time.  Read more to learn some steps to take for real estate investing and take advantage of the buyer market. 

The first important part of this process is deciding on a location and strategy.  You have to choose an area based upon economic research and according to NuWire, this means finding the best neighborhood that suits your individual investment style.  Would you prefer a condo downtown or a single family home in the suburbs?  That decision also depends on the market.  Your agent can help you find the comparable properties and fill you in on what’s hot and what’s not.   Then, you need to decide if your strategy will focus on foreclosures, fix and flips, renovations, or rentals.  Each of which comes with its’ own pros and cons.  

If you haven’t, the third step is creating a checklist of property criteria.  I give my clients a checklist that includes the following; location, type of property, price, square footage, lot size if applicable, basement, garage, beds/baths, age, zoning, and repairs.  If rent is involved, the checklist also has rentals rates, vacancy rate, and potential return based rents.  What’s its’ minimum gross yield (potential rent x 12/purchase price x 100).

Fourth, do a comparative market analysis.  As mentioned before, you need to analyze the market by comparing as many recent sales as possible.  I have never had a client who did this themselves, so it’s something your agent should assist you with.  If there are enough, use only the last three months but not more than six.  I suggest using at least ten comps and determining the days on market, list price, sale price, equal repairs, square footage, and location. 

It is one of the best times to buy.  Rates are low and prices are down.  If you are one of those who have managed to save quite a bit of cash this is the time to use it.  Cash is King in this market and this may help you leverage a much lower price with banks trying to unload their foreclosure inventory before the end of the tax year.  Find a great foreclosure property to buy and you will make money.  Don’t let this incredible opportunity pass you by!