Showing posts sorted by relevance for query commission. Sort by date Show all posts
Showing posts sorted by relevance for query commission. Sort by date Show all posts

June 14, 2010

Q&A: Does Commission Change When a Family Member is the Buyer?


Q. We have our home listed with a REALTOR whom we feel has done a really good job for us in getting the house listed. The agent also has done a great dealing of advertising, has nice flyers etc. The house has been on the market for more than 4 months but we have not gotten any offers. Now we have what could be a good thing or it could be a problem. WE have been approached by a family member who wants to buy the house. We would like to sell it to them and can negotiate the terms between ourselves. Our question: Do we owe the full commission to the real estate agent who has the house listed since they did not technically find the buyer?

A. Most likely you owe the full commission to the company who has your home listed. As you presented the scenario it appears that the discussion with the family member only came up recently and therefore could not (or might not) have been discussed prior to you signing the listing contract.

The major consideration is what does your contract state:

a. About the amount of commission which will be paid?

b. About any ‘exceptions’ to that payment arrangement?

If you had known that a family member MIGHT be interested in buying your home, then you could have included in the contract a provision which excluded you from paying a commission if this SPECIFIC PERSON decided to purchase. Or you could have negotiated to pay a smaller percentage of commission to compensate the brokerage/agent for their work and expenses but something less than the full commission. The brokerage most likely would have insisted that the exclusion be for a set period of time, like 45 days. It would have been a matter of negotiation between you and the agent to determine what amount of commission and what amount of time worked for the two of you.

One of the core principles of issues related to housing is that it always comes down to ‘what does the contract state’. You can be held to the terms which you agreed to when you entered the arrangement.

What can you do now?
  1. Read your contract so you know what it states. Are you prohibited from selling to anyone who has ‘viewed’ the home during the terms of the listing for a certain period of time AFTER the listing expires? (Most contracts have such a provision)
  2. Ask your agent for a meeting to discuss your listing. Speak candidly about your situation and suggest a compromise of less than full commission.
  3. If you get their agreement, then you need to have them put that in writing and get the signature of the broker who will ultimately be the party who is receiving less than the contract stipulated.
IF you are reading this and are considering listing your home, it would be wise to include an exclusion of anyone who has already expressed even minimal interest in your home, how long do they have to submit a contract and clearly state what amount of commission will still be due under the contract.

Selling to family members can be dicey (to say the least). I personally feel both of you still need the help of a real estate professional to work through the details and that you should expect to pay for that representation.

Best of luck with your home sale!

Host: Home Ownership Matters Preservation Center, Inc. www.HOMPCI.org
Copyright © 2010. All Rights Reserved. Mildred Wilkins Consulting, Inc.

February 27, 2009

Myth #5

Myth #5: There should be no ethical concern if you inform the co-op agent at the time the lender approves a short sale that there isn’t enough money there to pay the percentage of commission which your brokerage firm advertised.

Reality: If you have advertised a co-op fee to promote the sale of a home, then you should be prepared to pay whatever you advertise. If you do not do so, you are begging to be taken before the Ethics committee.

Reason: You have promised to abide by the NAR ethical standards, one of which states you will deal fairly with your fellow agents. Is it fair to promise me (through your advertising) $4,700.00 if I bring a ready, willing and able buyer for your listing and then tell me at the last minute you made a little mistake and I will only be getting $3,200? While the lender is controlling what commission they will ALLOW on the short sale, they do NOT control what you advertise, what is to be paid to my brokerage firm, nor what your client agreed to pay for the service of having their home listed and sold. I understand the short sale game; that does not change the fact that I am legally and ethically entitled to receive the amount of commission you advertised. As a buyer’s agent my relationship is with you and your brokerage firm. I am not a party to, nor do I care what contractual concerns or restrains are involved, on the listing side of the transaction. It would be extremely helpful if real estate boards got some clarity about WHY lenders can control the amount of commission paid from proceeds and then made the necessary accommodations to address the new reality. Changes to commission policy, mls guidelines for advertising, data input sheets, and training for practitioners are sorely and urgently needed to address this matter.

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 feedback, comments, and especially your questions. Don't be shy!)

August 16, 2009

FYI: Fannie Mae Confirms Short Sale Commissions Policy

Thought this might be helpful to some of you:

Fannie Mae Confirms Short Sale Commissions Policy.

In discussions between NAR and Fannie Mae, Fannie Mae has reconfirmed its short sale commission policy and established a process for REALTORS® to follow if issues arise. On February 24, 2009, Fannie Mae sent Announcement 09-03 to its servicers instructing them not to negotiate commissions on short sales below the amount negotiated by the listing agent, unless the commission exceeds 6 percent. The Announcement reminded servicers that third party approvals (i.e., private mortgage insurers) may be required and can affect commissions. In response to concerns raised by NAR that some servicers of Fannie Mae loans are unaware of this policy or believe it is not binding, Fannie Mae has established a process for NAR members when short sale commission issues arise.

Step 1: Determine whether the loan is owned or guaranteed by Fannie Mae. Only the holder of the loan is allowed to do this, so do so in the presence of your client or after obtaining their written permission. Use this website: www.fanniemae.com/loanlookup, or If you don’t have convenient internet access, call: 1-800-7FANNIE (8am to 9pm Eastern Time)

Step 2: If the servicer is unaware of or disagrees with the policy, provide a copy of Announcement 09-03 to the servicer and negotiate an appropriate commission based on the listing agreement (up to 6 percent).

Step 3: Contact Fannie Mae if the dispute is not resolved directly with the servicer. Be prepared to provide the property address, name of owner, and Fannie Mae loan number (if available):

Call: 1-800-7FANNIE (8am to 9pm Eastern Time), or

Email: Resource_center@FannieMae.com.

Fannie Mae Announcement 09-03 (2/24/09)

https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2009/0903.pdf

National Association of REALTORS® Government Affairs Division
500 New Jersey Avenue, NW, Washington DC, 20001

REALTOR® is a registered collective membership mark which may be used only by real estate
professionals who are members of the NATIONAL ASSOCIATION OF REALTORS®
and subscribe to its strict Code of Ethics

February 15, 2009

Myth #4

Myth #4: That you are entitled to the amount of commission which is stated on your listing contract, even when the home is being sold as a short sale.

Reality: Maybe you are; maybe you’re not. Most importantly, can the person who signed the listing contract afford to pay the commission if the new purchaser does not offer enough to cover all closing expenses, including commission.

Reason: If there is the need for a short pay-off, most often EVERYTHING which can legally be compromised will be; including commission.

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 feedback, comments, and especially your questions. 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.)

January 27, 2009

Myth #1

Myth #1: That the lender/servicer is obligated to pay you a commission if you have procured a possible buyer through your marketing efforts

Reality: The servcier may change the amount of commission which you will receive at any time, including just before and up to the time of the closing.

Reason: The lender/servicer is NOT a party to the listing contract. They are not legally bound to pay the brokerage firm anything and since they are agreeing to accept a short payoff they are not in the mood to pay full commission. You can understand that, right?

© Copyright 2007, 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 feedback, comments, and especially your questions. Don't be shy!)

June 7, 2009

WORD: Ready, Willing and Able

And the WORD for Today is:

Ready, Willing and Able—is a phrase in real estate, which most commonly refers to a buyer who is financially sound and ready to purchase a property. A broker is entitled to receive a commission when they present an offer from a ready, willing and able buyer that meets the price and terms of a listing. A standard listing agreement usually states that a seller is obligated to pay the listing brokerage the commission when such an offer is presented even if they decide not to accept it. 

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.)

February 2, 2009

Fast Fact #3 and #4

3. The lender may not counter the original offer until a few days before the closing.

4. The commission paid will almost always be less than full commission AND can be a little as 0%-1%.

Just thought you'd like to know.

© Copyright 2007, 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 feedback, comments, and especially your questions. Don't be shy!)

July 22, 2009

Community Service Announcement: Do-Not-Call List

Do-Not-Call-List

Are you still being interrupted during dinner or your evening television program by telemarketers wanting you to buy this or that or put a roof on your apartment? Are you sick of rushing to the phone thinking it might be your sister calling and it is yet another sales pitch for something you never heard of and certainly don’t need?

Then STOP it!

The Federal Trade Commission had provided you with a solution but you need to take some action. Perhaps you were unaware that you could block most calls from folks trying to solicit your business over the phone by signing up for the national DO NOT CALL LIST.
  • There is NO deadline. Sign up today if you have not done so already
  • Applies to both cell phones and/or regular phones
  • You can register BOTH of your phones, cell AND land line
  • Process is simple
How to send telemarketers packing:

To add your name to the DO-NOT- CALL-LIST you may either:
  • Register at www.DONOTCALL.gov or
  • Call toll free 1(888) 382-1222. If you choose to call to register, then you must call from the number you wish to sign up.
Give a gift to a senior you know.

Want to do a major favor for some senior family member or friend? Then talk with them about this and handle it for them, if they agree that they would like to stop falling over things trying to get to the phone only to discover it was a telemarketer. Telemarketers are so bad that they have caused my 75 year old mom, who is a salt of the earth, good Christian woman to utter one of her few non-church words after rushing to the phone just to have someone trying to sell her something on the other end. She was definitely NOT happy. I have given her instructions on how to register her new phone number with DO NOT CALL.

Will ALL the calls stop?

Not all the calls will stop. But most of them will. Give them at least 31 days after you have signed up before you should expect most of the companies to have you in their system. But there are exceptions in the guidelines which will still allow certain types of calls. Those include:
  • Calls from political organizations ( I know, we’re excited about getting those calls) as well as charities and telephone surveys
  • Calls from companies with whom you have a business relationship (and they may continue to call up to 18 months after you purchased something from them or up to 3 months after you called them to inquire about something)
  • Calls from companies who you granted permission to call you
Still receiving calls—RAT them out.…

If it has been more than 31 days since you signed up and you are still getting calls then report the offending company. The process is not complicated and will help the FTC to find and fine the violators. You may either go online to DONOTCALL.GOV or call 1-(888) 382-1222.

The Federal Trade Commission is one of the governmental agencies whose entire job is consumer protection. They serve as educators and enforcers. You would be amazed and would benefit greatly from studying their website and ordering some of the thousands of helpful booklets and pamphlets which they have to enlighten you about your rights and what recourse you have when they are violated.

That’s ftc.gov or call 1 (877) FC-HELP. 1 (877) 382-4357

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.)

December 14, 2009

...From the Desk of..."Are You Ready to Intervene?"



Twenty Questions for Today’s Real Estate Professional

I was recently asked by the Charleston Trident Board of REALTORS® to differentiate the (FIS) Foreclosure Intervention Specialist certification from other short sale certification programs. Please know that the Board has offered both the (SFR) (Short Sales and Foreclosure Certification) and the (LMC) (Loan Modification Certification) certifications which are excellent programs.

Both have been widely attended in Charleston and I strongly encourage you to sign up for one or both at the next opportunity. Every single licensee should avail themselves of a basic short sale class so they have a rudimentary understanding of this ‘new’ transaction which is dominating the market in many parts of the country.

(FIS) will be offered for the first time in South Carolina beginning March 2010, courtesy of a FPR (Foreclosure Prevention and Response) grant from NAR. I think the operative word of distinction is ‘basic’ as compared to ’comprehensive’. This 30 hour program is designed for the agent who has decided to commit to getting an in-depth understanding of the various facets of handling these intricate transactions—the relationship connection, the Law, the Ethics, property valuation, the process, the negotiating, getting to the closing table, the downside, the resources needed, community partnerships, the self-study to continue to grow and much, much more.

Why offer (FIS)? Because hundreds of students who had taken either the 4 or 8 hour basic short sale training classes offered by Home Ownership Matters beginning in 2003 demanded more. More time, more expansive, more details. The course evolved and in 2005, the (FIS) certification was introduced in Ohio. Since then (FIS) has been approved for CE credit in six (6) states and there are graduates from twelve (12) states. States approved for CE include: Ohio, Indiana, Kansas, Nebraska, Colorado and Oklahoma.

30 hours, 700+ pages of material.

Tried and true methodology coupled with sound philosophy
from a former Fannie Mae Broker-Specialist

Updated regularly and state specific (Law section)

I decided the easiest way to say what you’ll learn is to pose the questions which will be addressed.

Are you ready to intervene?

1. Do you know how to distinguish a ’frozen customer’ from a potential short sale client? Do you currently use an intake form to determine who is a viable candidate for this type transaction and who is just not prepared for the commitment? Can you screen OUT the 60% of folks whom you should not list as short sales?

2. Are you prepared to analyze/distinguish the many HATS which may be required to help someone who is in default: the social worker, medical counselor, marriage counselor, human resources helper, spiritual advisor, budget counselor, salesperson extraordinaire, valuation expert, etc.

Are you real clear on what role you can and/or should play? Are you connected to/familiar with the community resources to address those needs which are outside of your scope of expertise? Do you currently utilize a referral form for this purpose? Can you see the potential for a fair housing complaint (or other complaint) without some standardized referral policy/form?

3. Do you know how to ‘handle’ the law while avoiding the ‘practice of law’? Do you clearly understand that it is necessary to understand some components of the law (and be able to explain them to your client) as part of a short sale attempt or an REO purchase?

4. Do you understand the impact of the seller filing bankruptcy on a potential short sale? The increased likelihood of a deed-in-lieu? Do you currently discuss this at the onset with your customer since it could/should end your relationship if they file later?

5. Are you familiar with the new Treasury guidelines for short sale—other than the fact that the commission cannot be reduced below 6%? Have you studied the guidelines? Do you understand them?
6. Are you familiar with the foreclosure law in your state? Is it a judicial or non-judicial process? What difference does it make? The guidelines for service on a defaulted borrower? Familiar with what the customary forms are and what they look like? Are you aware that violation of state foreclosure law can work in a borrower’s favor to gain extra time which could be used to facilitate a short sale? Or a reverse mortgage?

7. Do you have the expertise to accurately determine the value of a property in today’s declining market? Are you familiar with the professional BPO which is used as the industry standard (fanniemaebpo.com)? Could you complete one and do you understand why it can be much more accurate than the more commonly used CMA or market analysis? Are you clear on why accurate property valuation, from the beginning, plays such a critical role in the success or failure of your short sale effort?

8. Do you feel you clearly understand the unique protocol for short sales, not to be confused with REO and traditional sales? Who signs what? When? Presentation of offers? To whom?

9. Have you figured out what to disclose? To whom? And when?
Are the guidelines set by your Broker consistent with both Federal and state requirements/prohibitions on disclosure? Are you clear on the Who? What? When? HOW?

10. Are you familiar with your Board and Broker’s position on:

a. Disclosure—Who? When? How?
b. Commission—Who? What? When? How?
c. Signing of offers/amendments/price reductions—Who? When?
d. Presentation of offers—To whom? When? Signatures? Why?
e. Multiple offers—that is a whole other 20 questions

11. Does your brokerage utilize a set of disclosure forms which have been customized for the use with short sale scenarios? Are you familiar with them? Do you understand the protection that you may gain from covering the special risks associated with short sale transactions? Are you interested?

12. Do you understand the tax implications for a borrower who has completed a short sale? Please don’t tell me that you thought they were off scot free because the short sale was approved. (They are not) Do you have a referral to a tax accountant?

13. Have you read your state’s Seller Disclosure Law? Have you studied the state disclosure form? Does it include a reference to “threatened or pending litigation“? Or perhaps “notices from any Government or quasi-governmental agency”? Any “challenge to the title”? Are you clear on why any/all of these could forestall a short sale approval and therefore need to be disclosed?

14. Do you have clarity on the impact of a foreclosure on your customer’s ability to purchase down the road? Was that part of your discussion about the reason to consider a short sale in the first place? Have you discussed operating ‘in good faith’ as vital to the ability to keep the house on the market?

15. Is there a 2nd (or 3rd) mortgage? Are there other potential liens against the home (home owners’ association, taxes, personal judgment) which must be dealt with? Got a plan for how you are going to handle those? Do you know where to start?

16. Do you clearly understand the role of the Guarantor and/or the investor in determining whether or not a specific short sale can be approved? For that matter, do you know that the Servicer is merely a go-between hired to facilitate the administration of the loan but is NOT a decision maker? Who is? How can you find them? What are THEIR guidelines? Are they the same from Guarantor to Guarantor? Available in public records?

17. Are you familiar with the Qualified Written Request—backed by Federal Law (RESPA, no less) and the impact it can have as a ‘tool’ in delaying the foreclosure process if well-prepared? Used effectively and in a timely manner, you can gain valuable time to complete the short sale. We’ll cover that.

18. Has your firm/Broker created a “hold harmless” document which covers the scenarios which you cannot be responsible for with the clear understanding from your client that you will have no liability? Since the risk of lawsuit is pretty high with this new type of transaction, getting some understanding of what should be included and why should be paramount, I would think.

19. Have you identified as an agent/brokerage/Broker those scenarios which will require you to end the relationship? Have you established a policy concerning the need for a unilateral (not mutual) release? Under what circumstances, with what notice?

Certainly advance disclosure would be required: I would recommend at the inception of the agency relationship. We cover in detail during (FIS) training what I call the “Divorce Decree”. What happens if the client abandons? Files Bk? Enters into a deed-in-lieu? Refuses showings? Fails to cooperate in other ways? Policies should drive practices and both help to minimize liability.

Proper training and thorough understanding on each of these issues is paramount in order for you to be both effective at processing a short sale from beginning to end AND avoid the various opportunities to get yourself or your client into serious trouble along the way.

Short sales are the new reality for many markets around the country. They have become a major part of the market (along with REO’s) and becoming intimately familiar with how to process them successfully is paramount for any agent who wishes to thrive in today’s market.

If you do not already have clarity on ALL the issues which have been addressed in this article, then you are a prime candidate for the (FIS) certification program. Each of these will be explored and addressed during this 30 hour training program. You will leave with clarity on every single point covered here and will have the expertise to feel confident that you are representing your client with strong tools which have prepared you to be successful in getting the result you hope for and they deserve. YOUR knowledge base is a key component of your professionalism. Your success as a REALTOR® is tied directly to the caliber of your information.

Don’t miss an opportunity to learn, explore and interact with one of leading instructors on this timely topic. Her experience actually doing short sales, her time with Fannie Mae as a Broker-Specialist and expansive training (HUD, Fannie Mae, NeighborWorks, Legal Services, and National Consumer Law Center) can be invaluable to you.

Sign up today! Coming soon to a classroom near you!

Final Question

Is there someone in your office to whom you can refer a customer who needs short sale help? Within your firm? Maybe you can/should become that ‘Referral agent’ if you do not have the expertise today.

Are you Ready to Intervene????

*(FIS) is a registered trademark of Home Ownership Matters, LLC.

Other Foreclosure Resources

3. www.HomeOwnershipMatters.com — Calendar and Foreclosure/Loss Mitigation sections
4. www.nti.org — NeighborWorks America — Training Institute
5. www.consumerlaw.org — National Consumer Law Center


Mildred Wilkins
President of Home Ownership Matters
Author of “Your Real Estate Advisor”
Toll-free 1 (866) 507-5105

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.)

January 28, 2009

Fast Fact #1 & #2

Fact 1: You can legally list a house—for less than the mortgage payoff—with proper disclosure.

Fact 2: The commission is determined by the lender—usually 5-7 days before the closing.

Short, sweet, and to the point, no?

© Copyright 2007, 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 feedback, comments, and especially your questions. Don't be shy!)

October 21, 2009

WORD: Co-op Fee

And the WORD for Today Is...

Co-op Fee – in real estate refers to the amount of commission paid to a broker/broker’s agent who is the procuring cause for a buyer of a home listed for sell. This co-op fee is most often advertised as a percentage of the sale price ultimately agreed upon. It is unethical for a listing agent to attempt to get the buyer’s agent (co-operating broker) to accept a lower amount than what has been advertised once an offer has been presented. Unfortunately, this happens regularly with short sales.

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 atwww.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.)

April 2, 2009

Your Real Estate Advisor: Deal or No Deal?

This catchy title from a popular game show has increasingly become a weekly nightmare for real estate professionals. In a market where an alarming number of clients are behind on their mortgage AND upside down, many agents are finding themselves sitting for ever increasing amounts of time—sometimes months—waiting for the lender in some distant city to notify the interested parties that, “Yes, we have a workable deal”. Now, get it closed in short order (7-10 days is not uncommon) and “No, we will not allow any contributions toward the buyer’s costs”.

Common practices (seller concessions) are not part of this transaction. Local real estate agents negotiating with a distant third party who does not, in fact, own the real estate (lenders’ loss mitigation department) has become a new reality for many real estate professionals. This practice will continue and become more commonplace as more consumers find themselves in a position where they are unable to make their mortgage payments and the local market will not support the full amount needed to cover mortgage payoff and the expenses associated with the sale. It’s called a “short sale” and the rules of the transaction are markedly different from how you used to sell homes.

“DEAL” means yes, we will allow the closing to occur. You must close quickly or we will change our minds. Seldom will any seller concessions be allowed. Worse yet, seldom will full commission be allowed. Frequently, the lender will notify all parties of a counter offer only after an extended period of time of complete silence. Then you are basically in a “take it or leave it” situation. It is critical that you get an actual letter of confirmation which includes ALL terms of the transaction from a representative of the financial institution, so that you know that the deal can be finalized with a closing and exactly which terms are acceptable.

“NO DEAL” means the lender/servicer has determined that the offer(s) is not workable for them or their insurer. There are a number of reasons why this might be true, but in essence you have been told they will not allow the closing and will most likely move forward with completing foreclosure action against the current owner of the home. There are a few options for intervention, but unless you have been trained in foreclosure intervention this an excellent time to utilize a mutual release. “NO DEAL” usually means go home—whether you’re on a game show or trying to sell real estate.




Mildred Wilkins, founder and president of Home Ownership Matters, LLC. She is the trainer for the (FIS) Foreclosure Intervention Specialist certification program. Visit her website www.HomeOwnershipMatters.com or call toll free (866) 507-5105.

Copyright © 2007. HOM, 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.)

February 5, 2009

What's That Mean?! (A-N)

You know how sometimes you see some letters jumbled together, and they just don't make a single bit of sense to you? Well, maybe this list of acronyms and abbreviations will help.

A.B.A.—American Bar Association

ALTA—American Land Title Association

A.P.R.—Annual Percentage Rate

ARM—Adjustable Rate Mortgage

BAPCPA—Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

BPO—Broker Price Opinion

CAIVRS—Credit Alert Investigation Verification Response Systems.

C.D.—Certificate of Deposit, see page

CDC—Community Development Corporation.

CMA—Comparative Market Analysis

C.P.M.—Certified Property Manager

C.T.A.—Cum Testamento Annexo (with the will attached. See Administrator C.T.A.)

CRV—Certificate of reasonable value.

DBA—Doing Business As.

DOM—Days on Market, see page #??

ECOA—Equal Credit Opportunity Act

EEM—Energy Efficient Mortgage

EIC—Earned Income Credit

EPA—Environmental Protection Agency.

ERTA—Economic Recovery Act of 1981.

FDC—Fair Debt Collection law

FDIC—Federal Deposit Insurance Corporation

FHA—Federal Housing Administration

FHLMC—Freddie Mac

FICO—See credit score.

FIS—Foreclosure Intervention Specialist

FSBO—“For Sale by Owner”

FTC—Federal Trade Commission

GFE—Good Faith Estimate

GNMA—Ginnie Mae

HECM—Home Equity Conversion Mortgage

HELOC—Home Equity Line of Credit

HOEPA—Home Owner Equity Protection Act--

HUD—Housing and Urban Development

HUD-1—See Settlement Statement.

IRA—Individual Retirement Account

LIHEAP—Low Income Home Energy Assistance

MERS—Mortgage Electronic Registration System

MIC—Mortgage Insurance Case Number

NAR—National Association of REALTORS

NSF Fee—Non-Sufficient Fund Fee. See Return check fee.

If you have any questions about these, you should always feel free to leave us a comment, or e-mail us.

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

You can find more helpful definitions of Acronyms and Abbreviations 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.)

August 14, 2009

WORD: Title & TILA

And the WORD for Today is:

Title – the legal document which establishes your right of ownership.

TILA – one of the nation’s more important consumer credit statutes. TILA stands for the Truth in Lending Act, which requires that creditors must disclose, in writing, certain information related to the cost of the credit obligation which the consumer will have as a result of signing the documents for the loan in question. The TILA requirements includes disclosure of the true annual percentage rates as well as other important credit information. TILA violations are enforced by the Federal Trade Commission.

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.)

December 4, 2009

Reverse Mortgage Anxiety


Reverse Mortgage Anxiety

Myth: There is a prevalent myth out there which is very widespread that if you take out a reverse mortgage you have to be worried about losing your home and that you will then be forced to go live in a nursing home or worse yet, be reduced to living on the street.

Reality: While it is true that there are some unscrupulous companies which will process a reverse mortgage you are protected from the above concerns if you choose a traditional lender and get a reverse mortgage which is guaranteed by the Federal government.

It is true that using the equity in your home for a reverse mortgage is serious business and something you should not do without :

a. Real clarity on EXACTLY what the costs are
b. How much equity your home REALLY has
c. What happens AFTER the reverse mortgage
d. What happens AFTER you no longer live in the home
e. Rights of heirs AFTER your death


Get some answers

All of these questions (and more) can be answered during the MANDATORY counseling session if you are using a government backed reverse mortgage. These counseling sessions are usually provided by a HUD approved housing agency and yes, your family members are welcome (and encouraged) to attend. This decision is important enough to ask the kids to come home and attend with you so that all of you are clear on exactly what this means for the family.

Resources

We have provided you with some good resources and hope that you will take the time to get informed about this option which could make a huge difference in your monthly budget by giving you the extra income you need. Or perhaps allow you to attend more family functions and see the grandkids you haven’t seen in many months. Fixing the kitchen floor/bathroom wall/front porch (you name what needs fixing at your house) could be accomplished with the funds from a reverse mortgage.

It’s your house, your equity—Use it to make your life better.
Just take the time to get some fact first.


Financial Freedom — Click here for their website.


National Consumer Law Center — Click here for their website.

Federal Trade Commission — Click here for their website.

I’m counting on you to do your homework and make a good decision. You are too old to get caught half-stepping!

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.)

August 4, 2009

Q&A: Home Inspection—Worth Every $$$$

Q: We recently sold our home using a REALTOR, a septic tank test was not done. The REALTOR did not suggest we have the house inspected and it did not occur to us that we should do so. Who should have had made the arrangements for the septic test and made sure everything was up to code?

A: Your question is an excellent one and points out the need for a pre-inspection to be completed by you, the seller, BEFORE you list your home. I have to lay responsibility for this one at your agent’s feet. Yes, it is your house and you are responsible for maintaining it but the biggest part of what you pay a real estate commission for is ‘sound recommendations from a professional whose training should have prepared them’ to tell you what I am about to tell you.

Your question was: Who should have made the arrangements for the test? It is unimportant who made the call, you or your agent, to a septic company to come out and do the inspection. Either your agent could have handled that on your behalf or made several recommendations so that you had picked up the phone and actually called someone.

The missing piece seems to be that there was no discussion about the NEED for such an inspection at the appropriate time. Pre-inspections save sellers a lot of heartburn and usually a lot of money as well.

In the industry, agents are pretty divided and very vocal about whether or not it is in the best interests of a seller to spend the money for an inspection which would have uncovered this problem (as well as any other major problems). I am adamant that a pre-inspection should be conducted on any property which is more than a few years old because of the strong possibility that problems exist which can best be taken care of BEFORE the listing has occurred.

Opponents of pre-inspections insist:
  1. That the seller should not waste money on an inspection when the buyer is going to have one anyway
  2. That the seller is unnecessarily spending $300-$400 which they could make better use of by putting in some flowers
Proponents of such inspections (I am the UNOFFICIAL president of this group)
  1. Believe that you would avoid uncovering something which could be a deal breaker AFTER you have an accepted offer (don’t you hate when that happens?)
  2. That the cost is a wise investment in the success of your real estate transaction
  3. That if you uncover any significant problems you are in a better position to search out the right professionals to correct them and price shop for the best value as well as schedule that work at your convenience rather than be in a rush to get it done
  4. That if the needed repairs represent a significant investment, then you can adjust what you’re considering listing the house for rather than have an unexpected expense eat into your profits at the end
  5. That an investment for the “extra” inspections (mold, termite and septic system) of $200-$300 above the base cost could save you thousands of dollars at the back end since you can’t renegotiate the sales price AFTER the buyer hits you with repairs which are mandated as allowable under your state’s SELLER DISCLOSURE law. A septic repair/replacement would definitely be covered in most states and a repair could cost upwards of $1,000. The replacement of the septic system or an expansion of the field or the finger system could set you back MANY thousands of dollars. Likewise, a possible termite problem should keep you awake at night, UNLESS you had a pre-inspection and know that you don’t have any.
I could share several terrible, very, very horrible stories of bad things which happened because of major problems which were uncovered during an inspection when I represented the buyer. I will share only one—as briefly as I can. My buyers discovered active termites and significant termite damage during our inspection.

Additionally, there was a crack in the interior chimney wall. This was a lovely $350,000 home and the sellers could have and should have corrected those items before it was listed. The problems were, in fact, fixable. The sellers initially offered some half-baked resolution, which we rejected.

My clients were prepared to walk away and even leave their $3,000 earnest money on the table. They just didn’t want the house any more. A house they had loved and had picked as their retirement home. I prepared a very precise inspection response—quite frankly asking for more than they had to do and they refused. We requested and received a mutual release. We had to fuss a little bit, but their earnest money was returned.

The sellers of the home had already started construction on their new dream home, had had this house on the market for more than six months and now they had to start all over trying to find a new buyer. Plus, they still had to fix everything they should have fixed before. All for lack of a pre-inspection.

During my career as a REALTOR I helped many clients terminate the contract (and get their money back) as the result of significant inspection issues we could not come to terms over.

Much of the time we walked away from the transaction if the seller was not willing to give us EXACTLY what we wanted in the way of a fix. It is definitely not a position of strength for the seller to discover they have any major issue in the time leading up to a possible closing.

After helping numerous buyers ‘walk’ because we were not satisfied with the compromise of repair or other concessions from the seller, I eventually established a personal policy of refusing to list a home unless the seller agreed to a pre-inspection with one of the toughest inspection companies in the city and further agreed to repair the offending items before we listed.

Like I said, I have to drop this at the feet of the REALTOR for failure to adequately prepare you for just such a situation as later occurred. Additionally, I would be interested in whether or not the septic system is specifically addressed on a Seller’s disclosure form, if your state uses one. Any agent worth their salt would have checked to be sure you understood all the questions you were being asked on such a form.

The issue of pre-inspections gets my adrenaline flowing. I should probably go have a glass of tea.

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.)

September 12, 2009

Q&A: Foreclosure Prevention Resources


Foreclosure Prevention Resources

Q: If you are facing foreclosure, what resources—including agencies, websites, publications, counseling, governmental departments, legal aid, etc.—are the most helpful to homeowners in crisis?

A: You are to be commended for trying to find some help on-line since it is difficult to get face time with a local agency in many parts of the country. That does not mean that help is not available.

First, this website has a wealth of information if you study many of the questions and answers related to foreclosure. I will also list several really good websites for you to access.
  • Home Ownership Matters (www.HomeOwnershipMatters.com)
  • Fannie Mae (www.fanniemae.com)

  • HUD (www.hud.gov)

  • Freddie Mac (www.freddiemac.com)

  • National Consumer Law Center (www.consumerlaw.org)
  • Center for Responsible Lending (www.responsiblelending.org)

  • Federal Trade Commission (www.ftc.gov)

Books
  • National Consumer Law Center (specifically—Foreclosure Prevention Counseling and Guide to Surviving Debt) *Anything they sell will probably be helpful
Local Resources
  • Legal Services
  • Legal Aid

  • Attorney General’s office

  • HUD housing counseling agencies (call (800) 569-4287 to find a center near you)

  • Your state’s Housing Finance Authority

Warning: It is important that you research very carefully any organization which is offering help for a fee. Many, NOT ALL, but many fee for service businesses are scams. You should be especially careful of any organization which wants you to pay thousands of dollars for help which does not have an office in your town where you can go sit and meet with someone.

Questions to ask:
  1. Is the business registered with the Attorney General’s Office? Secretary of State? local Better Business Bureau?

  2. Is it a legitimate business with a local office, staff, a parking lot?

  3. Can the person offering service provide documentation of Training/Certification? By whom?

  4. Can you review all the paperwork related to the services they are offering? before you sign up and give them money?

  5. Are you able to change your mind and get out of the contract? Where does it say that?

  6. Can they provide references? ( You better check them)
Getting help with addressing your foreclosure problem can itself become a problem. Hopefully this article along with the resources provided will help you get the help you need. Hang tough. Stay determined. Don’t MOVE out!

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.)


March 30, 2009

Did You Know: Dual Agency

Dual Agency Dilemma

FYI: “Dual Agency” can be harmful to your health.

The things you have to be careful of continue to multiply. Even a large percentage of the things which are completely legal can come back to bite you in the proverbial “you know where”. One of those things is dual agency. Such a nice sounding phrase. Could end up hurting you about as much as a friendly rattlesnake.

You may not know the word but you have probably been involved in a dual agency relationship without being aware of it. Dual agency exists when a professional represents a person to handle an issue and then also agrees to represent the other party in that same transaction. Most folks would think you were crazy if you decided to use the attorney who is representing your spouse in a divorce against you. You would clearly see that is not likely to end up with the result that is best for you.

Yet, in the real estate world, not only is dual agency common practice; it is totally legal. Most real estate agents are unhappy if anyone (especially me) says that dual agency is seldom your best choice. When an agent represents both sides of the transaction, they get both sides of the commission. That is good for them; not necessarily so good for you. It’s called a “conflict of interest”. Suffice to say that just because the law allows it, that does not mean that regular professionals can balance the opposing needs of two different parties and get the resolution which is best for EACH party. Consequently, the professional is happy, most often the other individuals feel a tad bit taken advantage of.

Anyone who has ever bought a house using the agent who had it listed has participated in a “dual agency” situation where the agent represented both sides of the transaction—the SELLER and the BUYER. If you take a poll of the folks who have done this, most of the buyers and some of the sellers think they got a raw deal BECAUSE their agent was looking out for the other party. Some will tell you that they did not understand that the agent WAS representing the other party as well. You may be surprised when informed that you signed a document which stated you were agreeing to the “dual agency" representation. You made it legal by virtue of your signature.

Dual agency is legal; requires the signature of both parties that they understand and agree to such representation; and is likely to give you heartburn.

Solution: Don’t Do It! Select your own representation, someone who has an exclusive commitment to represent your best interests. You want your agent to recommend the toughest inspection company and then fight to have all the repairs completed which are reasonable under the law in your state. A dual agent has to look out for both parties and is much more likely to find an “easy” inspection company, go light on recommendations for repairs and try to placate everyone, thereby satisfying nobody but themselves.

Would you like to share your spouse??? Is dual agency really in your best interest?? I told you, “don’t do it.”

Copyright © 2009, 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.)

April 7, 2009

Fast Fact: Short Sale Denial

Too many folks have unrealistic expectations concerning a possible short sale. While it is now pretty common knowledge that lots of homes are “upside down” or “under water” most consumers (and too many REALTORS) don’t really understand how a short sale listing works.

FACT: The lender must approve a short sale in order for there to be a “closing”. Frequently the lender DOES NOT approve a short sale attempt and the homeowner eventually loses the home to foreclosure.

REALITY: When an agent lists a home for ‘possible short sale’ that listing is always based upon getting the approval of the lender to accept a shortfall if the new buyer will not pay enough to pay off the mortgage in full and pay all related expenses (commission, taxes, etc). All parties need to understand that it is a possible real estate transaction where the homeowner does not have the final say so about whether or not the offer being presented is or will be acceptable to the bank. There are numerous reasons why a lender may ultimately choose not to approve a possible short sale. Some are connected to the seller but the issue could just as easily be a second lien holder who refuses to budge on the amount needed to lift or satisfy their lien again the home. Or the lender could decide that they are not willing to accept the terms of the offer, as written. The possibilities could fill a rubix cube.


Several precautions are advised for sellers who are upside down:

a. All offers submitted to your agent should first be forwarded to your lender for their consideration. (That’s what “lender approval” means.)
b. Sellers would be ill-advised to sign a purchase agreement to sell the home to Mr./Mrs. Smith PRIOR to receiving, in writing, approval to do so.
c. Sellers should be aware that if you ignore item #b above (because your agent said you had to) and you agree to sell for $159,00 and your bank eventually says that you can close for $$175,000, you have a few thousand dollars to find real quick. (I suggest you get your agent to help you FIND the money since they gave you the advice).

The point is this; if you sign a legally binding contract which the bank later declines; you still signed a contract agreeing to sell your home for a specific amount. You can be sued by the potential buyer for “failure to perform”.

You were warned!

Copyright © 2008, Home Ownership Matters, LLC.

(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.)