May 31, 2009

WORD: Maintenance

And the WORD for Today is:

Maintenance—means to keep a property in good enough condition to serve effectively its intended purpose. The focus of home ownership is too often all about how to acquire a home but little or no attention on how to properly maintain it once you get it. Delayed or neglected maintenance eventually costs many times the face value of the repair in either lost equity or eventual repair costs. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 30, 2009

FYI: Stimulus Package as a Home Purchase Motivator—Don’t Jump into Home Ownership

Even I get tired of me sometimes. Folks want to be all excited and I have to keep inserting nasty little details to muddy the waters. The idea of getting $8,000 as FREE MONEY to buy a house is so tempting that I even considered it for a few days myself. Thank goodness I woke up and realized, I had not been planning to buy a house, don’t really want to own a home at this particular point in my life, can’t handle the maintenance nor do I wish to be tied down to a specific home until I am absolutely sure where I want to retire in a few years.

I was recently asked by a young lady at a “Buying TIME” workshop whether or not she should consider buying a house now because of the stimulus money. I asked her a couple of questions to try to determine what answer I should I give her.

a. Were you thinking about buying a house already?
b. Do you know your credit score and have you checked with a lender to see how much home you can afford? Are taxes included in that payment?
c. Is your job stable enough that you feel comfortable making that kind of commitment?
d. Do you have any money saved for a down-payment?
e. Do you have a budget set aside for maintenance?

I have not answered her question yet and now she is frustrated with me. (I didn’t get to ask her the rest of the questions). Shouldn’t she just take advantage of this maybe once in a lifetime chance to get some free money to buy a home? My answer: Not unless the answer to all the questions I did ask are “YES”.

I have read the stimulus package and the guidelines for the $8,000. I am real clear that it does not come with an annual budget for maintenance, a new lawn mower and appliance package and 95 other things you need if you are about to step out into home ownership. I support home ownership and encourage anyone who is ready to take that step to do so. But because I am a consumer advocate who hopes that the folks who buy homes will live there as long as they choose and not be forced to let the home go because they did not understand all the responsibilities which go with owning a home, I beg you to slow down and consider all the aspects of that choice before you hurry on down and grab the money. Selecting a local HUD-approved housing counseling agency and taking a pre-purchase course as well as some on-line studying could help you avoid making a costly mistake.

Buying a home is a BIG decision; give it the respect it deserves. Owning a home can be extremely rewarding (I’ve owned before) but do it on your terms, when the time is right for you. Buy conservatively and ENJOY.

***An interesting footnote, “Buying TIME...When your money is running out” is a workshop designed to help folks who are struggling with managing payments on their current housing.  So the question raised above was from an attendee at a workshop which would indicate you are not ready to make a home purchase.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 29, 2009

WORD: "Lack of Good Faith"

And the WORD for Today is:

“Lack of Good Faith”—as it relates to attempting to sell your home to avoid foreclosure means the defaulted borrower is not cooperating with efforts to move forward to a sale of the home. That might be as obvious as not selecting a real estate agent to get the home listed within a reasonable period (7 days, 1 week) based on the lender’s expectations. It might mean refusing to clean the house to an acceptable standard or not allowing showings. Perhaps refusing to complete the hardship package requested by the lender. Basically anything deemed to be reasonable as a show of cooperation, which the borrower refuses or delays doing, can be called a “lack of good faith.” When a borrower has demonstrated a lack of good faith, then the lender has the option to move forward with the legal remedies available to them to foreclose and take possession of the property. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 28, 2009

WORD: Reserve




And the WORD for Today is:

Reserve—refers to an additional sum of money which a lender may require to be paid into an escrow account to protect them against increases in the costs of escrowed items.  

The word also refers to the practice of requiring a borrower to have money in their personal account (usually a saving account) equal to 2-3 months' payments as a cushion against unexpected expenses which might impact their ability to make mortgage payments and therefore keep their home. This type of reserve was common practice prior to the laxity in lending ushered in during the 90’s.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 27, 2009

Q&A: Sheriff's Sale/Redemption

Q.  We have been trying to save our house from foreclosure but could not come up with enough money to stop the bank from foreclosing. We have just received notice of the sheriff’s sale for next month. We are not sure what to do. Are we supposed to go the sale? How long do we have to stay in our house now that the sheriff’s sale is scheduled? Seems just when we think it can’t get any worse, it gets worse.

A: Foreclosure sales are all too common these days. First, there is no real need for you to attend the sale. If you have been able to pull together enough money to redeem your home (and keep it), then you would have needed to make arrangements PRIOR to the sale date. 

The exact amount of time will depend on the foreclosure laws in your state and specific redemption rights. These vary from state to state. You may have until the day before the sale or it could be that you must pay several days before the sale. A few states will allow you a redemption option even after the actual sale has been completed, whether someone bought the home or not.

Typically, on the day of the sheriff’s sale the clerk of the court (or trustee) will conduct a very formal process of offering the listed properties at a minimal amount preset by the mortgagee as a starting bid. The amount which can be received will also be impacted by local foreclosure guidelines. Bidders must have provided documentation that they can complete the transaction within a short period of time (perhaps 30 days +/-) and will typically have to bring guaranteed funds for at least 10% of the amount they are prepared to bid.

The amount of time you will have to stay, after the sheriff’s sale, is also determined by state law. There is no universal answer of 10 days or 30 days across the country. Find out what the timeframe is in your city. If you are unable, financially, to move without some help, please be aware that you are very likely to be approached by a representative from the lender or servicer, or even a new buyer, within a few days after the sale wanting to know when you will vacate. Asking them to help you in the form of “cash for keys” is a good option. You may be able to get as much as $1000 to $1500 in most parts of the country to help you move on. Cash for keys can be paid to tenants as well.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 26, 2009

WORD: Hold Harmless Agreement

And the WORD for Today is:

Hold Harmless Agreement—is basically a statement that one party will not hold the second party responsible for possible negative reactions in the event the advice or recommendations of the first party were not utilized. Who needs a hold harmless agreement? Doctors, lawyers, REALTORS and housing consultants. In essence you are saying “I wont sue you if I have a problem related to this matter.” The area of foreclosure consulting is so new that anyone that decides to offer such counseling should utilize a hold harmless agreement as part of their consumer disclosure package.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 25, 2009

WORD: Home Inspection Disclosure

And the WORD for Today is:

Home Inspection Disclosure—is a disclosure form provided at or prior to closing which states the purchaser understands they had the option to have an independent inspection. Under some circumstances the cost for the inspection can be included in the loan amount. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 24, 2009

FYI: Short Sale–Slow Crawl

What they DIDN’T tell you about short sale offers  

The man back at the bank has a few things to take care of before he can respond to the offer you just made to buy a home as a short sale. Did your REALTOR mention?

The Lender must:
  • Order an appraisal (could take awhile)
  • Order title work (won’t take long but has it been ordered)
  • Get a broker price opinion completed (hopefully the real estate agent knows what they are doing)
  • Check to be sure there are no unpaid homeowner’s association dues or municipal bills which must be paid (could add to what YOU have to pay)
  • Check to be sure that the SELLER qualifies for a short sale under the guidelines for the specific insurer for this property—at this time—since those guidelines are  changing pretty rapidly lately
  • Check all the details of the SELLER’s financials to be sure they have no assets or other reasons why a short sale cannot be approved (did they even send this stuff in yet)
  • Verify that there are no Federal liens which must be satisfied
  • Work out a deal with the SELLER’s second lien holder, if there is one
  • Check with the insurer on the home to be sure that the guidelines for accepting a short sale are being followed
  • Consider ANY/ALL offers which have been submitted on this home to be sure they respond to the one which will net the lender the most, after expenses (You did know they could consider other offers, right?)
  • Negotiate with the SELLER what will be done about the shortage (on certain loan types)
  • Review a preliminary HUD statement to be sure that the numbers which were provided by the LISTING agent on a net sheet are going to allow the lender to new what is required by their insurer or investor to close
  • Present a Counter Offer, to the buyer with the BEST, overall offer, if the preliminary HUD reflects that the net will be below the acceptable amount required
  • Must not allow a closing which not protect the interest of the insurer/investor
Somebody told you all this, right? If not, maybe your agent doesn’t understand short sales as well as they need to. Sure glad you found the information on this blog. Just a word of caution:  don’t sign a notice to vacate your current residence until AFTER you get a signed approval letter from the lender granting permission for a short sale. This could take a little while. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 23, 2009

WORD: Home Inspection


And the WORD for Today is:

Home Inspection—as used in real estate, usually means an inspection of various components of a home which a buyer elects to have done prior to purchase. The inspection should cover structural, mechanical, safety issues and any code violation as well as cosmetic items. The inspection should be performed by an independent, licensed inspector and should take approximately 2 hours on a home of 1500-2000 sq. feet. They buyer should definitely attend.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 22, 2009

WORD: "As Is"

And the WORD for Today is:

"As Is" Condition—means that the property is being sold in its current condition, including all defects, latent and otherwise, no repairs will be made. The consumer who is purchasing may still have an inspection, but they should not expect any concessions from the seller based on the outcome of that inspection. They will typically be allowed to withdraw from the transaction (by mutual release) if the report shows significant repairs. Their earnest money would usually be returned.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 21, 2009

Myth—“As is” means inspection is unnecessary

MYTH: One of those myths which will not seem to die is that there is no need to have a home inspection on a property which is being sold “as is” since the seller has already indicated they are not going to repair anything. Failure to get an ASHI certified home inspector to thoroughly evaluate the home you are about to put down hard cash for is by far one of the riskiest things you can do when dealing with real estate.

REASON: You can’t judge a book by its cover (or a house by a walk-thru) 

The need for an inspection has been recognized by laws in almost all the states which grant the buyer the right to have an inspection and further to have certain types of issues addressed (to their satisfaction) or they have the right to walk away, retain their earnest money and go on about their business to find something more acceptable. 

In today’s climate with so many homes being offered for short sale it is increasingly likely that a traditional seller will offer a home for sale ”as is” because they have no money to provide repairs in the event an inspection shows there are items which need repair. 

Additionally, the market is currently flooded with bank-owned homes (REO’s which have been acquired via foreclosure or deed-in-lieu.) In either case the home has been vacant for an extended period of time, almost certainly without utilities on, and likely with delayed maintenance prior to the borrower losing it. Mold you see is definitely an issue: mold which has not yet manifested itself should cause you greater concern. There are so many major problems which can lie dormant in a long vacated home that you couldn’t give me one, much less convince me to buy it, even at a deep discount. (I rented a very nice, expensive Florida home which had been vacant for 3 years; I could tell you stories). To buy such a property without the benefit of a home inspection is foolhardy. If your REALTOR doesn’t advise you to have one, you need to 
start looking cross-eyed at the person you have trusted to advise you in your housing matters.

REALITY: A side benefit of an inspection is to know what repairs you want to ask the seller to take care of as a condition of moving ahead with the transaction. The core purpose of a home inspection is to determine what is the actual condition of the property (structurally, mechanically, etc) in order to determine if you wish to buy it: whether repairs are made or not. You may find a problem which is so expensive to repair or cannot be fixed to your satisfaction no matter what is done, which could cause you to decide to walk away from the transaction. As a real estate salesperson I had a couple walk away from a home after the home inspection found major termite damage as well as an active infestation of termites which we had not seen during our tour of the home. It could have been fixed but they were not certain that they would ever feel quite right about the integrity of the kitchen floor when so much of it (and the support beams) had been eaten away by the little varmints.

An inspection is for your peace of mind about the quality and condition of the home you are acquiring. It matters not whether it is being sold ‘as is’ or otherwise. You still need to know you’re not paying for a ‘pig in a poke’. Get the toughest inspection company you can find and ask for their TOUGHEST inspector. 

Good luck with your purchase.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 20, 2009

WORD: 'Pig in a Poke'

And the WORD for Today is:

“Pig in a Poke”—Buying a bank owned house can be much  like buying “a pig in a poke” (you don’t know if you got the runt until you get home and open the sack). You may be unfamiliar with this southern expression which means ‘you got took’. You not only got home and found you had the runt of the litter, he is malnourished as well. Gotta watch those sack purchases. 

All too often a buyer is so focused on negotiating the lowest price they can get without ascertaining the size/quality/condition of the item being purchased. Buying something as complex as a house without detailed information (including a thorough inspection) and substantial background information could end up totally negating any up-front savings you thought you had accomplished with long term, on-going expenses.

It is not a given that you will be ‘taken’, I am just saying the chances are high. “Buyer Beware.”

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 19, 2009

Q&A: Promised Perks

Q.  I am not quite sure whether or not I have a legal problem but I think I got shafted and I want to know what to do about it. I recently bought a new house and the real estate agent promised me a cash rebate as well as a bonus from the builder if I purchased. I was supposed to receive these as soon as I closed. The rebate and bonus were not mentioned at the closing and now the agent refuses to talk to me. What should I do and how do I get the money I was promised?

A: Well, let’s see. You were promised a cash rebate and a bonus which appear to be outside the scope of the “official” or legal transaction since you did not receive the money as part of the closing on the home you purchased.

I am very carefully saying here that the promises made to you do not appear to be legal. Kickbacks seldom are. Trying to enforce an illegal promise could get a little dicey.

When you purchase a home (including new construction) the purpose of the lender’s appraisal is to be sure that:

a. The home is at least worth what they are about to loan you to acquire it.

b. That no amount in excess of the value of the home is being financed

For example, that you are not financing a house worth only $400,000 with a loan of, say $425,000 to allow enough money left from the lender’s funds to give you a kickback of $15,000 and a bonus of $10,000 (for furniture or a vacation or anything remotely like that). That is commonly called mortgage fraud.

The title company has a responsibility to be sure that there are no components of the closing which are in violation of the law. The title company can not be responsible for what the parties agreed to if it is not in the contract and not part of the closing instructions sent over from the lender. One of the requirements for a legal closing is that there be no “undisclosed” exchange of funds, such as kickbacks from the seller to entice you to buy.

All funds which are to exchange hands between any of the parties associated with the transaction are to be included on the HUD-1 document. It is against the law in most places for someone to pay you a rebate and a bonus to get you to buy the home they built. (I know the car companies did it, but look at them now. Apparently their guidelines are a bit more lax than real estate transactions and look at where it got them.)  

The HUD-1 is the official record of the transaction and anything which cannot appear on it usually is suspect.  In fact, fairly often during the last several years, what is on the HUD-1 frequently could stand a little more scrutiny.

I’m a grown-up so I know that what you described was not uncommon practice during the past 4-5 years in some of the hottest markets in the country. Wild construction growth, wild deals, wild foreclosures now. I am familiar with parking lot exchanges and promissory notes and gifts, rebates and bonuses which cannot appear on the HUD. Property values are falling in markets like California and Florida where I live like parachutes, in part, because one of the components of speculative building was to build in ‘extras’ such as the two things you asked about. The country is experiencing both a market correction to more realistic value for homes but also a major part of the problem was that the loans covered more than the piece of real estate, if you get my drift.

What should you do?  Enjoy your new home and try to keep up the payments. You got took!

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 18, 2009

WORD: Loan Commitment Letter

And the WORD for Today is:

Loan Commitment Letter—a legally binding mortgage loan commitment. It must be in writing and will not be issued until the lender has completed the underwriting and loan approval process. It is dramatically different from a pre-approval or a pre-qualification letter. Once a lender has verified all the documentation needed to make a loan, they will issue a commitment letter, which is their commitment to make a loan to the borrower. The commitment letter will state specific terms such as the mortgage loan amount, the interest rate, the date the commitment will expire (usually 60 days after it is issued).  Also special terms such as: a) the appraisal on the home must be acceptable; b) the closing must be with a bona-fide title company. It will detail what kind of loan, under what terms, state the interest rate and state the length of time for which the commitment is valid, frequently 60-90 days. Basically it states that the lender will make the loan once you find your house as long as you do not change you job or any other important details related to your finances.   

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 17, 2009

WORD: Earnest Money

And the WORD for Today is:

Earnest Money—a deposit of fund by the buyer as a show of “good faith.” The earnest money is usually an amount established by local practice and will vary depending on the price of the property and area of the county where the property is located. Earnest money is usually deposited in the escrow account of the listing realtor’s brokerage firm. The earnest money is usually credited to the buyer at closing as part of their down payment.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 16, 2009

WORD: Listing Agent

And the WORD for Today is:

Listing Agent—is the real estate agent who obtains a listing to sell a property as apposed to the selling agent who brings the purchase agreement/buyer to consummate the closing.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 15, 2009

WORD: Mutual Release

And the WORD for Today is:

Mutual Release—is a document used in real estate transaction which basically says “we both agree to end our relationship and neither of us will bring legal action against the other.” When the parties have reached an impasse, which they have tried to resolve, but without success, then a mutual release is a good option for both parties. A word of caution: such a release is not binding until ALL parties involved in the transaction sign it. A mutual release may be used to end a listing contract or cancel a purchase agreement, among other things. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 14, 2009

WORD: Pre-approval

And the WORD for Today is:

Pre-approval—is generally understood to mean that the lender has promised to make a loan. They HAVE NOT. A pre-approval mean only that the lender believes they can make you a loan based on the information you provided to them, IF:
  1. All your information can be verified
  2. You still have the exact situation at the time of a possible purchase
  3. Market condition don’t change dramatically
  4. The intended funder agrees to the terms and conditions
  5. The creed doesn’t rise. (or some other unexpected factor nobody can control)
In other words, a pre-approval has little practical value. What you need is a loan commitment letter.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 13, 2009

Q&A: Earnest Money

Q.  I recently encountered a problem while trying to purchase a house and I am not sure how to proceed at this point. I did not CHANGE my mind about the purchase; instead my bank refused to make the loan at the last minute after providing me with a pre-approval earlier. Now the seller is refusing to release my earnest money deposit of $2,500. I cannot afford to walk away from that much money. Can he legally do this? What are my next steps in trying to get my money back?


A: The release of a deposit from escrow can be a little dicey, but let’s talk about it. Your question specifically asks whether it is legal for the seller to refuse to release your earnest money deposit.

Technically, when money is held in escrow the holder of the escrow (Broker of the Listing firm, an attorney who is managing the escrow account or occasionally a title company) is who would release the money. They are prohibited from doing so until either:
  • There is a closing and the funds are distributed as part of the closing
  • There is a mutual release signed by both the buyer and the seller agreeing to all conditions of the release, or
  • A court which has jurisdiction over this matter determines who is entitled to funds
Ordinarily, a purchase agreement would have outlined the terms and conditions under which you would be entitled to receive your deposit. Most often, if you are denied financing, you would be allowed to receive the deposit in full from the escrow company. However, in order to be sure that both parties are in agreement and that no one is going to sue anyone else about the release of the money, both buyer and seller would need to sign a mutual release. Usually this is a one page document which basically says, things didn’t work out for whatever the specific reason happens to be and everyone agrees to go home and nobody’s going to sue anybody. The release also allows for negotiating how the earnest money will be split. It may be:
  • Returned to the buyer (for some reason beyond their control, like lack of funding)
  • Retained by the seller as liquidated damages (because you caused them some expense)
  • Shared in some manner (say 50% to buyer and 50% to seller)
I would recommend that you approach (or that your agent approach) the listing Broker to discuss the merits of your request to have the funds returned to you. Be prepared to demonstrate the failure to get funding by providing a letter from your lender which states as much. Remain civil and approach them in the spirit of goodwill. If you believe that it would be fair to do so, then compromise and offer to split the earnest money as I suggested above sometimes happens.

As a last resort, consider the possibility of filing a claim in small claims court where you would be allowed to present your evidence as to why you should receive the funds back. In that case, the judge would decide who gets the money. 

If it is any comfort to you, neither you nor the seller can get it until there is either a mutual release or a court disposition. Something’s gotta give!

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 12, 2009

Word: Orphan Houses

Today’s word is “orphan houses”, a new concept and a direct consequence of the dramatic increase in foreclosures across the country. There are numerous ones in your town and we hope your home doesn’t become one.

What’s an “orphan house” anyway? Unfortunately, it is a home which has been lost as a consequence of foreclosure or was voluntarily relinquished by the homeowner via a deed-in-lieu in order to avoid foreclosure. As if that were not bad enough, the insurer has neglected to transfer the title into their name which can cause major problems for the former owner down the road. 

As long as the title remains in the borrower's name, then any and all liability fall upon that borrower—who remains the owner of record. Thus the name “orphan house”, you lost it, and they have chosen not to legally claim it.

Now why would they do that? Obviously you are smart enough to know that when financial institutions do (or fail to do) something it usually is associated with saving them money. The catch this time is liability.  Whomever owns the property (has the title legally recorded in their name) bears the risk or liability for anything which occurs at or on the property.  If there is a fire and the vacant house burns, the insurer does not have a risk, it is NOT in their name. If the local municipality mows the 4 feet high grass and processes a bill for that address, it will have the former borrower name attached to it. (No new deed has been recorded). The homeowner’s association may continue billing in the name of the former borrower (that would be you) and those bills can be attached to the property as liens. 

As a practical matter, if there has been a foreclosure there is a clear date when the ownership rights in the property ended. That is very murky when you mailed off paperwork to process a deed-in-lieu. Lenders are very willing lately to let you walk, complete the simple form and leave the property (within some guidelines of course). I am simply telling you that they are covered, YOU, however, are not.

How do you avoid an “orphan house” in your future? The best advice is to seek legal counsel about the aftermath of a foreclosure or deed-in-lieu. A competent attorney should be able to help you work through the details so you don’t end up with an unpleasant surprise down the road.

Yes, it is definitely worth the legal fee you will incur to avoid possible financial risk down the road.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 11, 2009

WORD: Debt Ratio, Debt Service, Debt Settlement, Debt-to-income Ratio

And the WORD for Today is:

Debt Ratio—the percentage of total debt payments to gross income.

Debt Service—refers to the amount of financing which is outstanding against a property (Mortgage or deed of trust).

Debt Settlement—should not be confused with debt management services. Debt settlement services usually attempt to negotiate to settle a consumer’s debt for less than the full amount owed. These agencies typically hold the consumer’s funds in separate accounts until they are able to facilitate a settlement rather than paying regular monthly payments to creditors.

Debt-to-income Ratio—expresses the relationship between the consumer’s monthly debt payments and their monthly income, expressed as a ratio. Lenders will often set a maximum debt-to-income ration and usually do not make loans to potential borrowers whose ratios exceed their standards.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 10, 2009

WORD: Debt Management Plan and Debtor

And the WORD for Today is: 

Debt Management Plan—are offered by many credit counseling agencies. A consumer who is struggling to make their payments will typically make a monthly payment to a debt management company which then distributes payments to the consumer’s creditors. Debt management companies usually negotiate for an agreement which may lower the total amount owed or the interest rate to be reduced as a way to help the consumer get out of debt.

Debtor—means one party who owes money to another party. The debtor is the party who files the initial action in bankruptcy court. In a foreclosure action it is the debtor who is the defendant in the legal action looking to foreclose on the property.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 9, 2009

WORD: Debt Consolidation and Debt Consolidation Loan

And the WORD for Today is:

Debt Consolidation—means refinancing multiple debts into a new loan. Unfortunately, consumers are frequently encouraged and agree to roll several short-term unsecured loans into a long term loan secured by their mortgage as a consolidation loan. This type of loan is seldom a good idea and frequently leads to default and possible foreclosure.

Debt Consolidation Loan—with this type of loan you pay off unsecured debt such as credit cards or department stores with a loan which is secured by collateral such as your home. Debt consolidation loans have been very popular during the past few years while interest rates on home mortgages have been really low. Unfortunately, many consumers did not realize the increased risk of default and possible foreclosure which they assumed when they made this loan. Without a large equity cushion the borrower would not be protected in the event of a decrease in property value. The unstable and declining home values in many parts of the country during 2007 has caused a substantial number of borrowers to become unable to meet the payments on these type of loans due to sliding interest rates coupled with loan-to-value rations too high.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 8, 2009

WORD: Fair Debt Collection Practices Act

And the WORD for Today is:

Fair Debt Collection Practices Act—enforced by the Federal Trade Commission and is another strong consumer protection measure designed to prohibit abusive practices. Such practices might include overcharging, harassment with repeated calls or calls at inconvenient times. It is also a violation of the Fair Debt Collection Act to disclose any information related to your debt to a third party. A third party would include your mother, your spouse, your employer, your roommate, anyone who is NOT YOU. It would be appropriate for you to make a complaint to the Federal Trade Commission against that creditor if they were to violate your consumer rights in this way. The Act prohibits certain specific abusive communications including:

a. At unusual times (before 8am or after 9:00pm)
b. Repeated phone calls or excessive manner
c. At any place which is inconvenient for the consumer
d. At work if the employer does not allow personal calls
e. Directly to the borrower if they have already notified the creditor that they have an attorney.
f. By postcard or any other method which allows for the display of information about the debt to appear on the outside of the envelope.
g. After the borrower has made it clear they do not intend to pay the debt.

For additional information on the Federal Trade Commission, log onto: 

Additional acts prohibited include:
a. Communicating with anyone other than the borrower except to secure location information
b. Misrepresenting the amount of the debt
c. Misrepresenting the legal status of the debt
d. Misrepresenting what actions the lender may or may not take as a consequence of the unpaid debt
e. Telling the consumer that their failure to pay the debt is a crime (it is NOT)
f. Threatening action which will not or cannot be taken legally against the borrower
g. Threatening to harm the borrower physically
h. Using language which is vulgar or abusive.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 7, 2009

WORD: Debt and Debt Collector

And the WORD for Today is:

Debt—an amount owed to another person or organization. Money or other obligation owed by one person to another.

Debt Collector—the most common use of this term applies to anyone who collects a debt. However, under the federal Fair Debt Collection Practices Act the term “debt collector” only applies to collection agencies and lawyers (or their employees) who are collecting debt for others. Various state laws may cover other types of collectors.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 6, 2009

FYI: Surviving Debt

The Challenge

We are going to address one of the biggest challenges facing everybody today—how do you survive debt? How do you get through the difficulties of today—whatever those challenges may be—and live to fight another day? Our stories are different—each with its own details—but the struggle is becoming a common one. It is more often now being felt by folks from all backgrounds as well as all income levels. Folks who have not had financial difficulties and would not have expected to be faced with them at this point in their lives are suddenly trying to figure out where to go from here, and how to survive.

A Strategy

For starters, you have to simply exist long enough to implement a strategy.  Following my divorce back in 1991, I was struggling both emotionally as well as financially. I had been a stay-at-home mom for 12 years, taking care of the house and the kids and suddenly I am a divorcee after 20 years with two kids to provide for—without benefit of child support. My mother gave me some of the soundest advice I have ever received to help me through that difficult time. If you follow it, it will help you through whatever lies ahead.
  • Rule 1: Never allow yourself more than 24 hours to fuss and fret over a problem.
  • Rule 2: When you think you can’t go on, stop, rest and TIE a KNOT.
Let me explain the rules. Rule #1 does not literally mean that you must have a resolution within 24 hours. Rather, she was saying don’t get mired down in the problem. Refuse to get stuck (depressed, cave in to a feeling of hopelessness). Take the time you need and ALLOW yourself to feel the frustration you are feeling related to the problem at hand. That may require a day or two; it may take a week. Do it. Feel it. Then shake it off and formulate a plan to deal with the issue at hand. Be conscious of the fact that you are moving through a process—with the emphasis on MOVING.  

Rule #2: This key can provide success with any undertaking. Imagine mountain climbing. When you reach a slope which is too steep or you are simply tired from the journey, stop and rest. But don’t forget you are on a slope. We don’t want to lose the ground you have already gained; so Tie a Knot. You may slip back a bit, but you won’t undermine the progress you have made already. It is paramount that you stop to analyze your situation, revise your plan from time to time and then, with determination, move forward. The combination of steps 1 and 2 can pull you through almost anything.

A Resource

One of the best resources available to help with unraveling the issues associated with your credit is called “Guide to Surviving Debt”. This wonderful book is published by the National Consumer Law Center. The cost is $20.00 for a single copy but costs less if you are buying several copies for an organization. Telephone order: (617) 542-9595. Email: publications@nclc.org

Get the resource, remember the rules and you’re on you way.  

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 5, 2009

WORD: Partial Payment

And the WORD for Today is:

Partial Payment—refers to a payment the borrower has sent in which is less than the full amount due.  Fairly often it will be “short” because the lender has the right, according to the terms of the mortgage, to deduct late fees from a payment prior to crediting monies received. 

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 4, 2009

WORD: Fair Housing Act

The WORD for Today is:

Fair Housing Act—a law, which prohibits discrimination in all facets of the home buying process on the basis of race, color, national origin, religion, sex, familial status or disability.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 3, 2009

Q&A: Affordable Housing

What is “Affordable Housing”?

Q. With so many people losing their homes to foreclosure and the loud discussions about whether or not they should be ‘rescued’ being raised all over the country by folks from all walks of life, perhaps we need to try to figure out what makes a house affordable.  Is ‘affordable’ a term which means a certain price point?  Is affordable different in different parts of the country?  How can person know if a house is affordable? It is all so confusing.

A.  Oh what a difference a few bank closings and a little recession make. Back in the olden days, say 2007, even then the term was elusive, referring to an elusive, unidentified house that the average middle class American could afford. Now we can’t even figure out who is a middle class American much less what is or is not affordable. All our bench marks have shifted. The value of a home today changes almost as frequently as you need to change sheets. Nonetheless, we need to get a handle on this whole affordable thing.

Let’s take the first question: Is affordable a term which means a certain price point?

It is more helpful to look at a home as being affordable in relationship to your overall income rather than a certain dollar amount. All houses are affordable to SOMEBODY. But maybe not affordable to you. Back in the very conservative, distant past, lenders used the guideline for loan approval as 28% of your gross monthly income (amount you earned before taxes) to be allocated for housing expenses. More than that and you could easily fall on hard times if your income shifted a bit. 

Our current crisis was caused in large part by a shift in practice which allowed many homebuyers to commit as much as 50% or more of their income to their housing payment. If you had a healthy savings account, property values remained stable, the creek didn’t rise and your dog didn’t die, then you MIGHT have been okay. But life happens. Your money got ‘funny’ (that’s what Aunt Carolyn calls it when it doesn’t stretch as much as it used to), property values started going down like elevators (every day) and interest rate resets have taken their toll. Now not only can many folk not afford the home where they currently live, they are unsure what is “affordable” for them. Hopefully, this guideline will help you decide. Very simply, if you make enough in 1 week to pay for your housing that should leave you with a comfortable amount to manage the other expenses of your life.

Conservative, traditional lenders have found that as long as the consumer’s total long term debt is no more than 36% of their total gross income then there is enough wiggle room to afford other items which constitute a “reasonable” lifestyle. This rule has proven over the years to help people to have medical coverage, some degree of entertainment as well as build a small savings account.  Rarely would such a consumer end up in default on their mortgage unless there was a total loss of income.  

This then would represent an affordable house payment. Each individual has a unique affordable housing expense amount which would determine what is affordable for this family. I strongly believe it is important to keep home prices as low as possible, to offer a wide range of homes at different price points so that more consumers are able to comfortably afford to own a house and spend less than the  50%+ that many families currently spend to have a roof over their heads. What I have just described is “an affordable house payment” which is the goal for all us.  

The American Dream has almost universally been described as the desire to own a home. Politicians, housing professionals and the general public are encouraged to take a fresh look at our current concept of what achieving that dream means. Are we being successful if we provide the dream to people who can acquire but not retain the home for more than a few years? Are we achieving  our goal if many of the people we get into new homes are paying so much for that home after interest increases and a full tax assessment that 50%-60% of their income is required for basic housing expenses leaving precious little for any of the other necessities of life? Are we really providing affordable housing or housing which appears to be affordable at the beginning because of creative financing ploys which reduce the initial payments by hundreds of dollars per month deluding consumers into believing it is “affordable”? Why are foreclosure rates so high in the FHA arena with many first time buyers? Are the down payment assistance programs leading to more people being home owners (retaining a home for several years) or just  a revolving door of more people who build/buy but are back in the rental market within a couple of years? 

It is time to raise the difficult questions and look for some honest answers in trying to shape what will be done to improve our housing market. It is important to offer “affordable” housing to help stabilize our communities, to allow more consumers to enjoy both the emotional and financial benefits of home ownership. It is a dream worth working toward and saving to achieve. It should be more than a fleeting illusion which disappears and leaves in its wake a disillusioned, frustrated consumer who barely comprehends that the beautiful home and future they envisioned was doomed from the beginning.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 2, 2009

WORD: BPO

And the WORD for Today is:

Broker Price Opinion—an evaluation of a property’s value which a servicer uses as an alternative to getting a full appraisal after a loan has gone into default. The BPO is usually performed by a licensed REALTOR familiar with sales in that geographical location who typically will complete the BPO based on a drive-by exterior examination, data from public records (including recent sales and number of existing properties available for re-purchase). As more consumers slide into default, more lenders are using the BPO to help determine what is the most likely re-sale of the subject house is valuable information in determining what workout or loss mitigation options they are likely to offer to the consumer. The BPO is especially important tool when short sale is being considered.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

May 1, 2009

WORD: REO

And the WORD for Today is:

Real Estate Owned (REO)Real Estate Owned by a lending institution. An institution becomes the owner by foreclosure or by accepting a deed-in-lieu. A lender may also receive property through an insurance settlement. The disposition of the property will be handled by their REO Disposition Department.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)