Utah Real Estate Survival Guide

Helping You Navigate Our Local Real Estate Market

Archive for the category “Distressed Properties”

Second Mortgage Won’t Accept The First’s Approval

I am currently representing a Buyer client on the purchase of a Short Sale. The Seller’s first mortgage is a Fannie Mae backed loan with Wells Fargo. The second is with US Bank. This is a traditional short sale, not HAFA.

Wells Fargo has issued their approval, with no Seller contribution at closing or promissory note. They have allocated 10% to the second mortgage, per their investor guidelines, and will permit no more – to the exclusion of additional funds/promissory notes from the Seller or the Buyer that those parties would be willing to bring to the closing table. US Bank has rejected these investor terms.

Now, you’re thinking, “so what’s so unusual about any of this?” What’s my point?

My point, a question really, relates to the listing agent’s ethical responsibility given this situation (per the Realtor Code of Ethics). Since the second mortgage has rejected participation in the short sale, shouldn’t the listing be removed from the MLS? Or is it acceptable to let it languish, as part of an already bloated inventory, until it dies a natural death as an expired listing?

I’m looking forward to reading your comments. Please post!

Kim Novak, RE/MAX Masters
kimnovak@remax.net
(801) 726-1443

Soapbox ❐ All That Bailout Money

Soapbox: “A thing that provides an opportunity for someone to air their views publicly.”

I read an article earlier today that made me gasp (which in the new vernacular means that it was compelling enough for me to hit the “share” button and comment). The US Government has filed a lawsuit against Deutsche Bank. That’s the good news. The bad news is that it involves $1.274 BILLION that HUD – that’s us – has paid, or in the process of paying, this ONE bank, for bad loan insurance claims.

The heartbreaker is that this is really about bailing out a bank, not for mortgages that it originated (which would legitimize the HUD compensation), but for a bad investment decision Deutsche Bank made in 2007 when it bought a subprime/Alt-A lender, MortgageIT.

How did a lender who “specializes” in subprime/Alt-A mortgages EVER get approved to originate HUD insured loans? From my brief internet foray into researching MortgageIT, it doesn’t look like they did. They simply bought HUD backed loans from “small to mid-sized banks, credit unions and mortgage bankers” to enhance the marketability of their own portfolio. The one that Deutsche Bank bought off on.

That being said, I know that Deutsche Bank is not stupid. I know that Deutsche Bank did their due diligence. I know that Deutsche Bank got burned. Wait, did they?

Deutsche Bank Posts Best 1st Quarter Since 2007

Executive Summary? Deutsche Bank Net Profits Up 17%

Shame on us …
———————————————————
Knowledgeable & Professional Representation … Aggressive Negotiation

Contact Info:
kimnovak@remax.net
Phone or Text: (801) 726-1443
Facebook   Twitter   LinkedIn

Kim Novak is a Realtor® and Broker Associate with RE/MAX Masters in Salt Lake City and Layton, Utah. Licensed in 1995, Kim has closed over 500 sales during her full time real estate career and achieved industry recognition as a Lifetime SalesMaster and member of the RE/MAX Hall of Fame. She holds a BSBA with an emphasis in Sales & Marketing and has achieved the following designations/certifications:

ABR: Accredited Buyer Representative, AHWD: At Home with Diversity, CDPE: Certified Distressed Property Expert, CHS: Certified HAFA Specialist, CRS: Certified Residential Specialist, CSP: Certified New Home Sales Professional, ePRO: Internet Professional, GRI: Graduate of the Realtor® Institute, SFR: Short Sale & Foreclosure Resource, SRES: Seniors Real Estate Specialist

Paying for the Homebuyer Tax Credits – The Cost Runs Deep

In November of 2009, I wrote a blog post entitled Was the Tax Credit Extension a Good Idea?

Here is an excerpt:

In my opinion, tax credits have become subsidies distorting the real estate market. I believe that any further extension or expansion of this program, with the exception of those benefits due our military, will be counterproductive. I say it’s time to help homeowners. Figure out how to give them $8,000 so that they don’t have to sell as a short sale. There are a lot of well loved homes in excellent condition that would make ideal homes for new buyers, creating move up buyers for other homes, that can’t be sold now because the sellers are upside down in their mortgages. A short sale may benefit a new buyer, but it eliminates another (for two years at least). Why not consider helping sellers with a monetized tax credit so that they can sell their home at market value, stop or minimize short sales and foreclosures eroding property values, get buyers into “non-distressed” homes and turn that seller into another buyer, thus propelling the market forward.

Here is what I am experiencing today:

I have received numerous requests through the holidays for market evaluations from homeowners who either bought, or refinanced, during the past 3 years. What I’m finding is that the value of these homes is almost as upside down as those of homeowners who bought in 2006-2007. Artificially inflated home sales prices, driven by subsidized demand, and used by appraisers to substantiate further inflated home sales prices, is setting the stage for Round 2 of the Great Housing Crisis. Not only will the various homebuyer tax credits burden the Federal budget deficit for years, we have now created a situation where the same homeowners who benefited from $7,500 – $8,000 in “cash back after closing”, are going to be in the distressed property boat along with everyone in the coming tide of foreclosures. Good luck getting THAT money back.

The solution is simple stated. It’s about jobs. Always has been and always will be. How to create those jobs should be the domestic policy focus of 2011. Ideas?

VA Appraisals and the “Reasonable Person” Theory

I have always been under the impression that the utilities must be on and the furnace, water heater, etc must be in operating condition when a VA appraiser appraises a home. Apparently, that isn’t the case. It is true for FHA appraisals, but not VA.

This morning, I received a telephone call from a VA appraiser to schedule an appointment to get in to one of my (approved) short sale listings. I told him that the home was vacant, but that the seller had made arrangements with the utility companies to have utilities all on the previous week, for the buyer’s home inspection and appraisal – with the lender’s coordination. As of now, except for the electricity, the utilities have been shut off again.

The appraiser informed me (much to my relief) that VA did not require that the utilities be on – only FHA appraisals have that condition. For VA, the appraisers operate under the “reasonable person” theory. The theory that a reasonable person, and prudent home buyer, would have a professional inspection to determine if the furnace, water heater, plumbing, etc were in proper working order.

I have tried, unsuccessfully, to find the VA documentation to confirm this. What is interesting is that I cannot locate anything that says that the utilities MUST be on, either. In search of a definitive answer, I’ve posted the question on the Appraisal Institute’s Facebook Page and also joined the Appraisers Forum.

Follow up to be posted. If you know the answer to this question, please post!

Research Documents:
VA Appraiser’s Handbook
VA Pamphlet 26-7 Revised: Lender’s Handbook
VA Pamphlet 26-7 Revised Chapter 12: Minimum Property Requirements (MPR)

Post Navigation

%d bloggers like this: