Showing posts sorted by relevance for query insurance. Sort by date Show all posts
Showing posts sorted by relevance for query insurance. Sort by date Show all posts
October 22, 2009
Q&A: Flood Insurance
Q. We closed on a house more than two months ago and just received a letter from the lender telling us we have to have flood insurance on the property. Shouldn’t the title company have done a survey and determined whether or not flood insurance was needed BEFORE they allowed us to close? How can they force us to take on this extra expense now?
A. It would be highly unlikely that a title company would close without a survey which stipulated whether or not the property was in a flood zone, therefore requiring flood insurance. The closing also should have included a “flood insurance certification” which would have declared that all parties were aware that no flood insurance was required.
However, mistakes do happen occasionally. It might have been missed or it might reflect a change in the flood map or very likely it means there was a situation where part of the neighborhood is in a flood zone and part of it is not. Your home might have ‘appeared’ to be exempt from the flood insurance requirement when, in fact, it was required.
Commitment to Cooperate
In the event there had been a recent change in the flood zone maps (or they just plain made a mistake) which means the property must be covered with flood insurance you no doubt signed a document at closing which states you would cooperate with all parties (Lender, title company or REALTORS®) if they needed you to help them with correcting forms, etc from closing.
Compliance Disclosure
Almost all closings also include a document which states you specifically agree to add flood coverage IF it becomes a requirement AFTER you have closed. Lenders have the right to have the collateral protected from risks such as floods and therefore the stipulation that flood insurance can be added , when deemed necessary.
I’m afraid you must continue the coverage. Flood insurance is pretty expensive and I know that can cut a good sized hole in your budget when you were not expecting it. But the real beneficiaries—You and Your Family.
Better to have it and not need it, then to need it and not have it.
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 6, 2009
WORD: Credit Insurance
And the WORD for Today Is:
Credit Insurance – an insurance policy associated with a specific loan or line of credit which pays back some or all of any monies owed should certain things happen to the borrower, such as death, disability, or unemployment. The costs (called a “premium”) for this are usually charged monthly, depending on the balance owed, and depending on the usage of the loan or line, could almost double the cost of it (on the opposite end of the spectrum, clever usage could avoid having to pay almost any premium at all). The sale of credit insurance is controversial because it is almost always cheaper for an individual to forgo credit insurance, and instead have a term life insurance or disability insurance policy to cover the credit balance. The reason is that credit insurance is guaranteed issue, no matter if a person would otherwise be insurable or not. So the rates offered must reflect this, and be worse than if a healthy or otherwise insurable person were to purchase coverage on their own. In addition, there is an even more controversial practice (called single premium credit insurance), usually associated with the sub prime lending industry, of charging the premium only one time at the beginning of the loan. For example, charging $5,000.00 dollars at the time of a mortgage refinance, which is usually financed (added to the total loan amount) as part of the loan. This is considered very bad by critics, since doing this is only cheaper if one is sure that one is going to stay with the loan forever and not refinance. Critics contend most people do not realize this and lose money by refinancing once again, thereby losing the benefits of the credit insurance.
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.)
March 7, 2009
WORD: Mortgage, Some More...
The WORDS for Today are:
Mortgage Catastrophe Insurance-Insurance coverage which is in excess of a traditional insurance policy. A catastrophic insurance policy will typically cover payment of the mortgage itself (possibly as long as 24 months) payment of a portion of the primary homeowner’s insurance policy deductible as well as other benefits. Catastrophic insurance coverage will always identify what kind of event is sufficient to cause it to become effective such as a war, an earthquake. Interestingly enough a hurricane is not likely to qualify.
Mortgage Electronic Registry Service-An electronic registry system for tracking ownership of individual mortgages, servicing rights, and/or security interests which is used by MERS numbers.
Mortgage Electronic Registration System-Does not typically qualify as the “real party in interest.” MERS is NOT an assignee. If MERS is not named in your note and the loan has not been PROPERLY ASSIGNED to them, they are not legally able to bring foreclosure action. MERS operates as a nominal party; a lender may register (transfer) a defaulted loan to this entity. Currently many consumers who are in default may find MERS shown as the party bringing foreclosure action.
Mortgage Catastrophe Insurance-Insurance coverage which is in excess of a traditional insurance policy. A catastrophic insurance policy will typically cover payment of the mortgage itself (possibly as long as 24 months) payment of a portion of the primary homeowner’s insurance policy deductible as well as other benefits. Catastrophic insurance coverage will always identify what kind of event is sufficient to cause it to become effective such as a war, an earthquake. Interestingly enough a hurricane is not likely to qualify.
Mortgage Electronic Registry Service-An electronic registry system for tracking ownership of individual mortgages, servicing rights, and/or security interests which is used by MERS numbers.
Mortgage Electronic Registration System-Does not typically qualify as the “real party in interest.” MERS is NOT an assignee. If MERS is not named in your note and the loan has not been PROPERLY ASSIGNED to them, they are not legally able to bring foreclosure action. MERS operates as a nominal party; a lender may register (transfer) a defaulted loan to this entity. Currently many consumers who are in default may find MERS shown as the party bringing foreclosure action.
July 23, 2009
WORD: Federal Deposit Insurance Corporation (FDIC)
And the WORD for Today is:
Federal Deposit Insurance Corporation (FDIC) – is an independent organization created by Congress in 1933 in order to maintain financial stability and the public’s confidence in the nation’s banking system. The FDIC provides insurance coverage for your deposit in banks and thrift institutions up to $100,000. The FDIC is also responsible for examining and supervising more than half of the institutions in the US Banking system.
The FDIC is a governmental agency which provides insurance on bank deposits to maintain the stability of banks and keep public confidence high regarding the safety of the United States depository system. Following the crash of 1929 the general public was understandably worried about putting a substantial portion of their life savings into a bank—any bank. The FDIC offered a degree of confidence that the financial devastation could not or would not occur again due to federal government insurance. The FDIC insures a consumer’s deposit up to a total of $100,000. That’s an important number if you have accumulated more than $100,000.
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.)
The FDIC is a governmental agency which provides insurance on bank deposits to maintain the stability of banks and keep public confidence high regarding the safety of the United States depository system. Following the crash of 1929 the general public was understandably worried about putting a substantial portion of their life savings into a bank—any bank. The FDIC offered a degree of confidence that the financial devastation could not or would not occur again due to federal government insurance. The FDIC insures a consumer’s deposit up to a total of $100,000. That’s an important number if you have accumulated more than $100,000.
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.)
September 21, 2009
WORD: Private Mortgage Insurance Carrier
And the WORD for Today is:
Private Mortgage Insurance Carrier – a limited number of companies (roughly 10) in the United States who are providers of private mortgage insurance (PMI). While the consumer pays the premium for such coverage the beneficiary is the lender. Such coverage protects lenders from anticipated risk of default when borrowers have accumulated less than 20% of the property value as a 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 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.)
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.)
March 13, 2009
What's That Mean? (O-Z)
OCC- Office of the Controller of the Currency
PI– Principal and Interest
PITI- Principal, Interest, Taxes and Insurance
PMI- Private Mortgage Insurance
POB- Point of Beginning
P.O.C.- Paid Outside of Closing
PUD- Planned Unit Development
QWR- Qualified Written Request
RAL- Refund Anticipation Loan
REIT- Real Estate Investment Trust
RESPA- Real Estate Settlement Procedures Act
REO- Real Estate Owned
RTO- Rent-to-Own
SRA- Senior Residential Appraiser.
SREA- Society of Real Estate Appraisers.
SRPA- Senior Real Property Appraiser.
TILA- Truth-in-Lending Act
Y.S.P.- Yield Spread Premium. See Predator Lending Practices.
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.)
PI– Principal and Interest
PITI- Principal, Interest, Taxes and Insurance
PMI- Private Mortgage Insurance
POB- Point of Beginning
P.O.C.- Paid Outside of Closing
PUD- Planned Unit Development
QWR- Qualified Written Request
RAL- Refund Anticipation Loan
REIT- Real Estate Investment Trust
RESPA- Real Estate Settlement Procedures Act
REO- Real Estate Owned
RTO- Rent-to-Own
SRA- Senior Residential Appraiser.
SREA- Society of Real Estate Appraisers.
SRPA- Senior Real Property Appraiser.
TILA- Truth-in-Lending Act
Y.S.P.- Yield Spread Premium. See Predator Lending Practices.
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.)
October 23, 2009
WORD: Insured Mortgage
And the WORD for Today Is...
Insured Mortgage – is a mortgage which is insured against loss to the lender in the event the borrower defaults and the ultimate sale of the property does not net as much as the outstanding loan, plus the cost of the foreclosure. Such insurance may be provided by FHA, VA or an independent mortgage insurance company.
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.)
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.
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.)
February 21, 2009
Your Real Estate Advisor: Buyer Beware
Buyer Beware!
Be Careful—Don’t Borrow Trouble
Be Careful—Don’t Borrow Trouble
- Regular Banks and Credit Unions are your safest bet to avoid predatory lending practices. Federal regulations prohibit them from charging excessive fees, etc.
- Choose reputable lenders, established in your city or state. Reputation is a powerful deterrent to unscrupulous practices.
- If you have decided to use a mortgage broker, do so with care. Be sure you know how much you are borrowing to pay the broker fees, points, and closing costs, and/or other junk fees.
- Insist that you get a “Good Faith Estimate” of all the costs associated with the loan within 3 days. It’s the law! Do you understand all the costs? Are they reasonable?
- Remember: all real estate transactions that require a loan (purchase) will result in a lien being placed against your home.
- Comparison shop at least two or three lenders. Use the “Good Faith Estimate” to determine who is really offering you the best deal. Rate is not the best way to tell. What are the actual costs of the loan? What are you paying in up-front prepaid finance charges? Is there a prepayment penalty?
- Avoid single premium insurance. It is seldom a good idea.
- Beware if the loan includes “yield spread premium.” This is actually an additional payment to the broker for getting you to accept a high cost loan.
- Our economy is fragile. Fixed rate payments which include taxes and insurance will offer you the most stability in your housing budget. Be extremely cautious in considering a variable rate or a 2-1 buydown product. You are only delaying higher payments.
- Review all the documents before you go the actual closing. Ask questions until you understand what you are signing.
- Consider having an attorney (cost is very reasonable) to review your closing documents and/or attend closing with you for any real estate transaction: purchases, building, second mortgages, lines of equity, or refinancing.
- Lastly, study the Disclosures section of the HOM website (www.homeownershipmatters.com), to help understand what the documents you sign at closing actually mean, and what rights you surrender when you sign them.
Copyright © 2009, HOM, LLC. All Rights Reserved.
“Your Real Estate Advisor” the column, by Mildred Wilkins
“Your Real Estate Advisor” the column, by Mildred Wilkins
(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 24, 2009
Q&A: Crisis Budget
Q. We have been in our house for several years and did not refinance or get a second mortgage like so many people seem to have done over the past few years. We have managed to make our payments on time and things were fine until they cut back my hours at work six months ago. We struggled but we were still getting by until my husband was laid off two months ago. He cannot find a job even though he is trying really hard. We have already talked to the bank about trying to work with us on the mortgage but they can’t with the little bit of income we have. I don’t even care about the house any more. What can we do to try to keep food in the house until we have to move? We need help just to survive. Can you make any suggestions? We will try anything.
A. For many people today the truth is that they, like you, are in survival mode. I will not address any possibilities for saving your home since your focus is survival of your family. First, you should be applauded for looking at the survival issues as being more urgent than your housing issue.
I would encourage you to immediately adapt a crisis or survival budget. I will cover a whole list of things to do, some I am sure you’ve already thought of but some which you might not have considered. Here goes.
1. Household necessities—food and medicine
A. For many people today the truth is that they, like you, are in survival mode. I will not address any possibilities for saving your home since your focus is survival of your family. First, you should be applauded for looking at the survival issues as being more urgent than your housing issue.
I would encourage you to immediately adapt a crisis or survival budget. I will cover a whole list of things to do, some I am sure you’ve already thought of but some which you might not have considered. Here goes.
1. Household necessities—food and medicine
- Cook at home—no fast food
- Switch to store brands, minimize food purchases when possible by using simpler dishes (spaghetti instead of lasagna)
- Use coupons and watch for store specials
- Check again to see if you NOW qualify for food stamps
- See if the “Angel Food Ministries” is available in your area
- Look for short dated meats which are dramatically reduced (use immediately or freeze)
- For prescriptions—switch to generics and/or ask your doctor for samples
2. Car expenses
- Can you switch to a lower car payment? Use public transportation?
- Get rid of a second car? Carpool?
- Reduce the number of miles you drive, saving on gas
- Increase the deductible on your insurance to get a lower monthly premium
- Barter for an oil change but DO NOT delay when one is needed
3. Minimize household expenses
- Get rid of cable and minimize the expenses with a land line if you also have a cell phone
- Go to a minimal package with your cell phone company
- Reduce personal care expenses for haircuts, nails (can you barter for the hair or do it at home?)
- Change entertainment to free park or other community events instead of movies, bowling etc
- Cut out playing the lottery or other gambling
- Give up cigarettes or drinking (big saving on 1 or both of these)
4. Look for ways to generate income such as:
- Selling items on eBay
- Holding a garage sale
- Taking items to a consignment shop
- Take in a roommate—be upfront with them about your mortgage situation
- Sell items you don’t need at a flea market
- Look at your skills to see if anyone will pay you for a skill you have (mowing lawns, painting, childcare, fixing items, any one of 50 things)
- Do you have a hobby which could generate income (cake decorating, sewing)
5. Other possibilities
- If the car is paid off, reduce the insurance coverage to liability only
- Change the number of dependents on your W-2’s
- Use conservation methods to reduce your utility bills
6. Housing
- Apply for government subsidized housing (Section 8), even if there is a long waiting list
- Consider moving in with someone (family/friend) for a period of time
- Use techniques for “buying TIME” to stall foreclosure until your situation improves
This is typically called a crisis budget, you can get the definition, and more information, here.
Please share any suggestions you are already using which are not included in the list above. We’ll use them in a future blog and you can help someone else to make it over the hump. We really are all in this together. (You can either leave a comment here, or send an email to Heather at homeownershipmatters@gmail.com).
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.)
Please share any suggestions you are already using which are not included in the list above. We’ll use them in a future blog and you can help someone else to make it over the hump. We really are all in this together. (You can either leave a comment here, or send an email to Heather at homeownershipmatters@gmail.com).
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 22, 2010
WORD: Escrow Account
And the WORD for Today is...
Escrow Account – is an account established by the lender at the time of the closing on your home so they will have the funds needed to pay your insurance and taxes when they come due. You can see this as a “forced” savings account with an amount in each of your mortgage payments added for insurance and taxes. This is common practice and many people (including me) see it as a good thing since it avoids the likelihood that you will not have saved enough money when these expenses come due if they were not included in escrow.
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.)
January 23, 2009
Welcome!
Welcome to Home Ownership Matters’ Blog!
Why write this blog? Quite simply because the time is right. Because I understand where you’re coming from. I have been urged by many students in my training sessions to start a blog for several years. It seemed like a daunting task until I hired my current Marketing Assistant, Heather Meade. Her training and expertise has made this possible at a time when the housing crisis has made it more important than ever that consumers be given basic information to help them make informed choices about so many of the challenges associated with real estate today.
Who is Mildred Wilkins?
I am a foreclosure intervention and loss mitigation trainer, a speaker. I am a consumer advocate who also happens to write. Most importantly, I’m a person, just like you, who has had hopes and dreams and inspirations blow up in my face. I have grown and survived DESPITE those blow-ups. I have lived—therefore I teach.
Writing is our most basic and clearest form of communication. The internet, via such tools as this blog (and website; www.HomeOwnershipMatters.com) has made it possible to reach thousands of folks in real time. I invite you to share my real estate lessons. I love to tell my students; “I’ve already taken the class and paid the price for this lesson. You can listen and avoid having to take it yourself.” I have benefited in other areas of my life from listening to the folks who already did it the wrong way so I could avoid their pitfall. I had no such teachers in real estate, so I had to learn the hard way—MYSELF.
I’ve gone from being born Black and poor to uneducated parents in southern Alabama, to graduating with honors from college, to middle income with a position at Purdue University, to a stay-at-home mom, to a divorcee with two children. I did my 6 months on welfare.
I’ve done most of the wrong things related to home ownership—and survived to tell the story. I’ve purchased several homes. I’ve built a new home ---and walked away at closing leaving thousands in a deposit on the table. I’ve bought without an inspection—leading to disastrous problems being uncovered a few months later. I’ve gone through foreclosure—and ended up with the deficiency judgment to prove I was there. Miraculously, I had not filed bankruptcy until AFTER the judgment for the deficiency on the car ($8 K and the house $28 K were recorded). I filed bankruptcy, started over and rebuilt my credit. I’ve lost a child, gone into depression and destroyed my credit again.
Professionally, I worked as a full-time REALTOR for 10 years in Indianapolis; I’ve helped others to buy their dream home. As a Broker-Specialist for 2½ years for Fannie Mae I sold their foreclosed properties. I was required to participate in the forceful eviction process as a representative for Fannie Mae. I was in charge of clearing out the remains of homes abandoned by folks in desperation when time ran out and the sheriff’s sale was imminent. I’ve written a weekly newspaper column on real estate to address the common concerns and complaints of consumers who don’t know where to turn. I’ve received professional training on Loss Mitigation. I’ve spent hundreds of hours studying laws, regulations, guidelines, pending legislation—all relating to predatory lending, mortgage fraud, foreclosure, bankruptcy, fair housing, appropriate disclosure and other subjects which directly impact our housing issues.
Who is Mildred Wilkins?
I am a foreclosure intervention and loss mitigation trainer, a speaker. I am a consumer advocate who also happens to write. Most importantly, I’m a person, just like you, who has had hopes and dreams and inspirations blow up in my face. I have grown and survived DESPITE those blow-ups. I have lived—therefore I teach.
Writing is our most basic and clearest form of communication. The internet, via such tools as this blog (and website; www.HomeOwnershipMatters.com) has made it possible to reach thousands of folks in real time. I invite you to share my real estate lessons. I love to tell my students; “I’ve already taken the class and paid the price for this lesson. You can listen and avoid having to take it yourself.” I have benefited in other areas of my life from listening to the folks who already did it the wrong way so I could avoid their pitfall. I had no such teachers in real estate, so I had to learn the hard way—MYSELF.
I’ve gone from being born Black and poor to uneducated parents in southern Alabama, to graduating with honors from college, to middle income with a position at Purdue University, to a stay-at-home mom, to a divorcee with two children. I did my 6 months on welfare.
I’ve done most of the wrong things related to home ownership—and survived to tell the story. I’ve purchased several homes. I’ve built a new home ---and walked away at closing leaving thousands in a deposit on the table. I’ve bought without an inspection—leading to disastrous problems being uncovered a few months later. I’ve gone through foreclosure—and ended up with the deficiency judgment to prove I was there. Miraculously, I had not filed bankruptcy until AFTER the judgment for the deficiency on the car ($8 K and the house $28 K were recorded). I filed bankruptcy, started over and rebuilt my credit. I’ve lost a child, gone into depression and destroyed my credit again.
Professionally, I worked as a full-time REALTOR for 10 years in Indianapolis; I’ve helped others to buy their dream home. As a Broker-Specialist for 2½ years for Fannie Mae I sold their foreclosed properties. I was required to participate in the forceful eviction process as a representative for Fannie Mae. I was in charge of clearing out the remains of homes abandoned by folks in desperation when time ran out and the sheriff’s sale was imminent. I’ve written a weekly newspaper column on real estate to address the common concerns and complaints of consumers who don’t know where to turn. I’ve received professional training on Loss Mitigation. I’ve spent hundreds of hours studying laws, regulations, guidelines, pending legislation—all relating to predatory lending, mortgage fraud, foreclosure, bankruptcy, fair housing, appropriate disclosure and other subjects which directly impact our housing issues.
What will be included in this blog?
Each day we will share with you information we consider relevant to home ownership. For the first month or so most of the entries will be related to today’s more urgent housing issues—all those components connected to struggling to make your mortgage payment. We will eventually move on to home maintenance, taxes, insurance, and all sorts of other things, so continue to log on. Read and share. You could be just the answer someone needed today.
Contents:
- Today’s WORD—Will be an attempt to help you learn how to ‘talk bank’. Regular folks seldom know what the bank people are talking about. You hear the words, you may even know the words, but what the words MEAN is a whole other thing. It’s hard to communicate when you don’t know the lingo—Hence, Today’s WORD. Read it, learn it, share it.
- Fast FACTS—It is a basic fact that when you are making decisions, not just when you are purchasing a home, but ALL decisions relating to your finances become housing decisions. For instance, filing for bankruptcy impacts your future housing options. We’ll share some pearls of wisdom related to housing. We’ll make a diligent effort to give you FACTS which are relevant for most of the country. We encourage you to hold them close; treat them like the pearls they are.
- Myths and Misunderstandings—One of life’s cruel realities is that it does not matter how sincere you are—IF YOU ARE MISTAKEN. Too many folks across the country today honestly believed they could refinance out of a variable rate loan before the rate increased. They believed because they were ASSURED by a broker that they could. They believed that the broker was: working in their best interest and regulated by the banking industry. They were wrong on both counts and now they can’t afford the home they love. They misunderstood how brokers and banking work. They did not know the meaning of the word—prepayment penalty. We’ll shed some light on some common myths—clear up a few misunderstandings and prepare you to make better choices. Pass it on!
- Articles from the desk of . . .—will be included about once each week. These articles are slanted toward real estate professionals and many have appeared in REALTOR magazines or Broker-Agent somewhere in the country. Taking a course on the subjects discussed is the best way to become more competent in dealing with today’s transactions but reading any or all of these articles will certainly have a positive impact on your business. There is an ARCHIVE of articles available, FREE, upon request. For the complete list, please e-mail Heather at homeownershipmatters@gmail.com.
- Did You Know?—I didn’t think so. Well, anyway, I thought should share. There are tidbits—mere tidbits—of information which can dramatically change how we operate and therefore, dramatically change our outcomes. I am ecstatic when someone shares such a tidbit with me. Whether ordinary or extraordinary, if I didn’t know then I could not incorporate it into my life. Even if they say “Millie, every body knows that” I will happily say, “I didn’t, until now”. Knowledge is truly a powerful thing–I have always had an immense respect for knowledge. I revel in trying to attain more. I humbly share any I have. Embrace knowledge–whatever the source. Use it—Share it. Benefit from it.
- “Your Real Estate Advisor”—will be resurrected and added to the mix within the next two months. That was the name of the real estate advice column I wrote in Indianapolis for 5 years back in the 90’s. (It is also the name of my second book). We’ll talk about EVERYTHING housing: buying, selling renovating, building, maintaining, remodeling, and losing. Don’t be selfish—share the info—with family, friends, maybe even somebody you don’t particularly like. Make them wonder.
- Give me a “Q”—we’ll take a commonly asked question and provide an answer. Please keep in mind that the answer will be MY answer. By that I mean that what you will get is my opinion. That’s because it’s my blog. I expect you to have different opinions and encourage you to share those. Unlike the “FACTS” section we can have lots of answers to a single question. I am promising neither a rose garden nor THE answer. I promised you AN answer. You mustn’t yell at me. I’m sensitive.
Enjoy the blog. It is intended to educate while keeping your attention. The words are all mine. Heather is responsible for everything else. You may reach her by commenting on this blog, or e-mailing homeownershipmatters@gmail.com
September 22, 2009
Q&A: Deed-in-Lieu Dilemna
Q: My wife and I are behind on our first mortgage. The lender has sent us paperwork which says they are willing to consider taking the house back and would like to ask for a deed in lieu of foreclosure. My question is: what would happen to our second mortgage?
A: This is a question which a lot of people who are struggling with their mortgage payments need to consider.
First, the lender will make a decision as to whether or not they will ACCEPT a deed-in lieu (which allows voluntarily relinquishing the house instead of foreclosing on you) based on whether or not you have a second. Most often, when there is a second mortgage involved, they will decline accepting the deed-in-lieu because their claim to ownership of the property would be encumbered by your second. Essentially, they can say, we don’t want your troubles. This is especially likely to be the case if you took out the second during the past few years and paid off credit card and other debt. In such a case, not only did you convert consumer, unsecured debt, into secured, mortgage debt but you also created a scenario where the investor who is actually carrying the risk on your home does not want to be held responsible for the portion of liability which they did not insure.
Why the lender might still choose foreclosure
Let’s discuss the second thing. Most states’ legal process will allow the 1st mortgage holder to be relieved of any responsibility for the second lien holder’s loss IF THE FIRST FORECLOSES. This caveat means your lender may decide, purely as a business decision, that foreclosure against you is their best option.
As a practical matter, even when a lender has sent you paperwork or indicated that a deed-in-lieu might be an option or you decided to request such resolution to your problem, there is no automatic RIGHT to do this. You will still be required to complete an extensive hardship package to determine whether or not you qualify for the ‘option to give back your house’. In addition to the difficulties tied to having a second loan the lender is required to be sure that you have exhausted all efforts and resources to try to meet your obligation to them.
Deed-in Lieu Warning
While the process is very simple (signing and notarizing a single page document) there are significant risks associated with your future LIABILITY if you do not have an attorney to both prepare the deed-in-lieu document and facilitate a transfer of the property.
Specific risks:
- Documents never reaching the lender
- Lender’s failure to record the transfer of the deed in a timely fashion (or ever)
(becoming very common and a major problem for you if it happens) - Possible insurance liability if something happens on the property while
it is still in your name (Nasty possibility) - On-going bills for maintenance or citations from the local health and
hospital board for health hazards, weeds, etc - On-going on home owners’ association dues which could be very costly.
Deed-in-lieu is a slightly better option than foreclosure but should be handled with care and the professional services of an attorney who will address the risks I mentioned above.
FOREWARNED is FOREARMED.
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 21, 2009
WORD: Fair Credit Reporting Act
Fair Credit Reporting Act—is a consumer protection law, which regulates the disclosure of consumer credit reports. It was passed to ensure the accuracy and privacy of the information which is kept by credit bureaus and other agencies which report credit. The FCRA also gives consumers the right to know what information these entities are distributing about them to creditors, employers, potential landlords, insurance companies or anyone else who has the legal right to request such information.
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.)
(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.)
July 29, 2009
Q&A: Should I Buy?
Q: I am thinking about buying a home even though the market is really bad in my area right now. It seems I might be able to get a really good deal on a house and I want to stop paying rent and get into home ownership. What are some of the things I need to consider? Or should I just wait altogether?
A: In today’s market you should certainly consider not only whether or not you can afford the home (down payment—20% or so, insurance, maintenance, etc) but it is critical that you are comfortable with the stability of the market in the area where you are considering purchasing. Are property values still sliding, or have they stabilized? Do you plan to live in the home for the next 8-10 years so the market conditions overall have returned to a more normal state? Can you buy the home at an amount which you feel will not have you upside down (owing more than possible re-sale) on day one?
If the home needs repairs do you have the funds readily available to handle them or can you do them yourself? Are you sure you are ready to assume the responsibilities associated with owning, caring for the yard, etc? Only you can answer most of these questions. I would recommend that you take some time and evaluate not only the questions which I already asked but also:
A: In today’s market you should certainly consider not only whether or not you can afford the home (down payment—20% or so, insurance, maintenance, etc) but it is critical that you are comfortable with the stability of the market in the area where you are considering purchasing. Are property values still sliding, or have they stabilized? Do you plan to live in the home for the next 8-10 years so the market conditions overall have returned to a more normal state? Can you buy the home at an amount which you feel will not have you upside down (owing more than possible re-sale) on day one?
If the home needs repairs do you have the funds readily available to handle them or can you do them yourself? Are you sure you are ready to assume the responsibilities associated with owning, caring for the yard, etc? Only you can answer most of these questions. I would recommend that you take some time and evaluate not only the questions which I already asked but also:
- Why do you wish to buy? Is it to build equity? Enjoy a certain lifestyle? To feel that you have accomplished a goal you set for yourself? Because you are a certain age and you SHOULD? Is it because you are being told you are foolish if you keep renting? Carefully examine whether or not the reasons for considering the purchase come from within and that buying a house will, in fact, meet your needs.
- Are you informed enough about all the aspects I have raised questions about to make a good decision?
If you are not, then do the research, seek out the answers, get the details so you make an educated decision. Then go for it.
Lastly, please tell me you are looking for a house for shelter, not a house as an investment. On the surface the question above gives the impression it is from an individual looking for a personal residence. I answered based on that assumption.
If you are very strong financially and want to invest in rental property for the long haul, then go for it—with caution. Keep in mind that everything written above still applies.
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.)
Lastly, please tell me you are looking for a house for shelter, not a house as an investment. On the surface the question above gives the impression it is from an individual looking for a personal residence. I answered based on that assumption.
If you are very strong financially and want to invest in rental property for the long haul, then go for it—with caution. Keep in mind that everything written above still applies.
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.)
June 5, 2009
From the Desk Of..."Mama Said"
“There’d be days like this...”
They try to warn us and still we are surprised. After all, they’re old and tired and out of the loop. How could they possibly have known? Perhaps they ‘remember’ more than we have yet to learn.
REALTORS...“Invisible” Casualties
They are not documented in the statistics, these self-employed (independent contractors) who call themselves REALTORS. They cannot draw unemployment nor is there a plan to cover their non-existent medical insurance premiums. They don’t garner a lot of sympathy in a lot of circles either. And to add injury to insult, they are sometimes blamed for participating in creating the crisis which has engulfed them as well. On a regular basis they call or email me wanting some advice on what can be done to save their personal residence. With increasing regularity attendees in short sale classes were motivated to attend by a need to save their own home. It is a sign of the times.
How Did We End Up Here?
I went on record as early as 2002 stating we were likely to dance dangerously close to a repeat of 1929 if we did not immediately halt the outlandish predatory lending, the crazy new construction financing and the whole speculative silliness on our coasts. After selling real estate for several years and keeping a close eye on the escalating foreclosures moving through the pipelines at Fannie Mae, I could see where we were headed.
My ex-husband and I purchased our first home in 1979 at 16% interest (with excellent credit I’ll have you know) so I had some familiarity with the housing drama of the mid-70’s and into the 80’s. But that was a housing crisis; this is a full-blown economic crisis. That was regional, this is international. I am only 58 and while I could see the tip of a nasty iceberg, I could not see, nor truly imagine, how much of the iceberg was underwater. (No pun intended). A housing problem which is restricted to one industry, or one region or demographic group, cannot create the kind of havoc which we are experiencing as an economic tsunami. The economic crisis which is crippling our country, and the world, will not improve dramatically in the short term; so it behooves all of us to “adjust as necessary”.
Life’s Lessons
The purpose of lessons is to get us prepared for the test. However, as adults, all too often we act as though we have forgotten that tests are a part of life, show up when and where you least expect them and are administered whether you are prepared or not. Welcome to the classroom for the test on “Living Large” or it might be called “Analysis of the Aftermath of an Unattended Bubble”.
I Was at a Crossroad
After a particularly difficult period following my divorce in the fall of 1991, I eventually emerged from an extended fog where I had felt overwhelmed and unable to cope. I had been summarily thrown off the “middle-class, stay-at-home mom, PTO president, Girl Scout leader” train into a new life as a divorcee. The house had been lost to foreclosure and the beautiful Celebrity station wagon (the ultimate status symbol) had been towed away during dinner. I was left to raise two wonderful children, sans child support.
Early Preparation Comes in Handy
In the wee hours of the morning I had a life altering revelation. I called Mama at 6 a.m. (she was already up) to tell her my great news. With a new sense of feeling empowered and ready to take on the world, I happily reported, “I am so glad that I was born poor and Black, in the south.” Her concerned reply was “Girl, are you alright?” I was better than alright, I was ecstatic. I had suddenly realized that I had within me the capacity to over-come things much more challenging and with a lot less maturity and preparation. I was healthy, college-educated (a testament to perseverance) with marketable skills as an interior designer and seamstress. I could figure it out.
Personal Inventory
A long held personal commitment to never giving up took that option off the table. Going home (back to Alabama) was also not an acceptable option for me, even though I strongly encourage others to consider it. What marketable skills could produce enough income to support us in the new apartment? I dabbled with interior design; I could expand it. As an excellent seamstress with strong referrals, I sought and was successful in getting my name added to the list of recommended seamstresses at a bridal shop and 3 home decorations shops. Mildred’s Speciality Fashions had been my hobby; it now became my dominant source of income (you see there was a downturn in the economy, and folks who previously would have called DECORATING DEN now called me instead). I also decided to supplement that income with house cleaning (a day job) which allowed me to continue to be available to the children and work into the night on the design and sewing. I let all my customers know that I needed more work and requested referrals. I expanded my cake decorating hobby and created a business card for that as well.
Long term planning
My income was sufficient as long as I worked 16-18 hours a day, 7 days a week. I needed to plan to cover college costs so I decided to plan for and become a REALTOR. (I know, better hours right?) January 1993 I joined the F.C. Tucker Company full-time, continued to work my evening gigs for 2 years and moved to six figures within 6 years at an average sales price of $150,000. In Indiana. The plan worked, I evolved, my needs and my life shifted and I founded HOM in 2002 because I saw this coming.
Are you where you need to be?
The most important question should not be whether or not you can survive. You CAN if you CHOOSE to do so. The deeper question is whether it is time for you to make a move...
a. Within the real estate industry
b. Into a fresh industry
c. Step back and expand a hobby or long held dream
Silver Linings in Unexpected Places
What looks and feels like a crisis can frequently be the catalyst which moves us to a long overdue change. Take some time and reflect on what is really important to you...family, friends, leisure time, personal development, spiritual growth or something I failed to include. Is there a chance that the upheaval in your real estate career is providing an opportunity to re-align yourself more closely with deeper values? Is this a chance to shed some undesirable aspect of your present life? Are you enjoying managing your rentals? Are you really seeing any gain from them? Could a smaller house, or even an apartment, relieve some pressure and make you life more pleasant? Have you really considered how you want the next stage of your real estate career to go, or are you foolishly grabbing any straw you see floating—hoping it will turn into a lifejacket?
Methinks the REALTOR needs a doctor
As a real estate professional it’s time you had a check-up. I would recommend you be tested for:
- Financial stability (or lack thereof)
- Emotional duress and mental stability
- Viable game plan
- Analysis of both short and long term goals
- Prognosis for longevity
There are not a lot of clinics which offer the services you need but I can offer you some helpful reading which can be found on this blog, specifically these two entries:
I feel pretty confident you’ll find some other entries which are helpful as well.
You would also benefit immensely from attendance at a “Buying TIME” and “Short Sale: Not Your typical Transaction” class. Both could be scheduled locally, by your real estate board. It is no small thing that funding for these courses might be provided by NAR as part of their Foreclosure Intervention and Prevention Response program. Talk to your local board today about scheduling one, or both, of these classes.
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 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.)
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.)
March 26, 2010
So, you think you want to become an REO Broker?
Get ‘Em Listed and Roll in the Dough…
It happens every time I teach a class (and I just had an (FIS) class in Charleston last week). Several of my students will get all fired up about becoming a listing agent handling REO’s as the fast track to real estate success. Even though the class is (and is advertised as such) designed to help REALTORS learn how to be successful with options to AVERT foreclosures, someone always attends for the SPECIFIC purpose of meeting me and having me tell them the short cut to becoming a Fannie Mae broker or a representative for some other REO account. Aside from the fact that that is not the purpose of the training, there will always be someone who is persistent in trying to move conversation in that direction.
This article is for you—you know who you are.
Ah-h-h, the Cushy Life of an REO listing agent
I’ve been there, done that, got the T-shirt AND the award. I received the 1st Rising Star Award as Rookie Broker of Year for the United States from Fannie Mae in 2000. They were right on target with their assessment; my star has been rising, (also drifting, getting lost and other mundane contortions) ever since. Oh, but I digress.
The truth is that my Fannie Mae experience was, overall, a really good one. I received excellent training at the Disposition Center in Dallas, and great support from my initial salesperson, Shirley Mastenbrook. I learned how to effectively price property based on a precise analysis of market data and I sold a heck of a lot of Fannie Mae homes. My sales volume and income both increased dramatically. However, my life, as I knew it, completely disappeared. It’s emotionally devastating to process a forceful eviction. To be the person who stands there and officially authorizes someone to be thrown out of their home. Being property manager extraordinaire is an emotionally draining and time-consuming gig.
It’s a New Day
The REO market is booming and in some areas there are more REO’s available than traditional listings. Loss mitigation efforts, including modification and short sale attempts, have slowed the number of completed foreclosures even though the number is still unbelievably high. However, the amount of ‘shadow’ inventory (REO’s being held by guarantors and NOT being placed on the market) is estimated to be a significant amount and must eventually be placed on the open market.
Market dynamics are rapidly evolving. A new mixture of guidelines for disposition changing in response to market conditions and/or government regulations, recommendations or directives and REO owners all serve to make today’s REO broker’s job a very challenging one. The practicalities of good business decisions shaping what will or can be during the time period the REO is under the control of the guarantor or lender is fluid. When you own or manage a few properties you can be almost casual about how you dispose of them. When you own thousands upon thousands, stacked on top of each other, you have to utilize a more systematic, inventive approach in reducing those expenses which revert to you and become vigilant in avoiding any expenses you can. Utilization of a strong contract, with strict adherence to its dictates can mean survival or failure to survive. Whether expenses are moved to listing agents, buyer’s agents or buyers is immaterial; what is important is that anything which can be shifted to someone else, be shifted. The list is growing—now even eviction costs have been added to the list of costs which can be shifted to someone else.
Flies in the Ointment
Nothing messes up a good plan faster than messy details. It should not cause you concern if the dollar amount tied to a detail is a small number, with only two place holders, like $99.00. It gets serious when the numbers are BIG numbers, with 3 or more placeholders, say $475.00 for instance.
Likewise, phrases such as “shall maintain the premises” are not a big deal, unless the premises include a pool or some other high maintenance component. Assuming the responsibility to maintain can keep a person awake at night better than a crying baby. Didn’t they explain that ‘handle utilities’ meant that ‘deposits when required’ would come from your checking account? I suggest you re-check your account balance to be sure you can AFFORD to be an REO listing broker. It’s good business, if you can get it—provided you are sure you understand what you are signing up for.
Re-imbursement is on the Way
**Insignificant detail—To be delivered by deranged carrier pigeon who will be dispatched later this year.
I am not throwing snipes at Fannie Mae. They did an excellent job of processing reimbursements and doing so in a timely fashion based on the criteria they had set for their agents. However, things could be dicey IF you forgot to submit invoices on time. REO sellers are SERIOUS about their deadlines. You miss it; you eat it!!! No equivocating. You agreed and said you understood, this is a business, not a game for newbies who want to play at REO sales. Suck it up, write the check and remember to check due dates more carefully in the future. If you want to depress me, e-mail me and ask about the $15,000.00 I had to shell out after missing a few deadlines—it doesn’t take long for carpet and paint to run into some serious money. BIG numbers, with five place holders—like $15,000.00.
REO’s can be LEASED
Awesome plan! Announced by Freddie Mac in January of ‘09 and Fannie Mae in November of ‘09. This is the deal. Both organizations were (and remain) concerned with the increasingly large inventory of foreclosed properties as well as the public perception that they are not doing all they can to help alleviate the problem. Both have begun lease-back programs so that either the former owner of the property or a tenant placed there by the owner can lease the home back—AFTER foreclosure.
In a nutshell, the Freddie plan is a month-to-month lease, at current market rent. The property will be on the market during that timeframe and the new BUYER assumes responsibility for the eviction process and related costs to get the occupant out of their new home.
The Fannie Mae plan is essentially the same, except that it allows for a one year lease period. If you are the REO broker for either of these guarantors you have the honor of explaining the particulars and the implications to a buyer’s agent. What appears to be a win-win for Fannie or Freddie and the occupant can become a nightmare for the agents involved and a potential purchaser. The magnitude of unintended consequences is enough to make my hair go straight (and I have a very short, curly Afro). I suggest you take a crash course in landlord-tenant law in your state. Additionally, please check to be sure your E&O Insurance premiums are current.
Would I do it again?
The truth is, I might be tempted because of the guaranteed revenue stream. The reality, however, is the same as the prospect of teaching middle school kids: someone has to do it but I am not that hard up yet. Having sold REO’s for 2 ½ years, very successfully, I can see how dramatically the terrain has changed. Today’s REALTOR has a lot more risk, many more potential ‘bosses’, and fewer clear guidelines in an arena which mimics the wild, wild west pretty closely. Training by the companies who select agents is almost non-existent. The entire process is further complicated by the fact that you are stepping into situations like the landlord scenario I mentioned in the paragraph above.
For agents who decide this is still the route you wish to pursue, I’d like to share some thoughts on making an informed decision.
The Five Star Conference, complete with training institute, offers just what you need—but the entire cost for that training will be at your own expense. The timing of the annual event may not coincide with when you want to get started and there are numerous other challenges to concern yourself with as well. Learn how to perform a professional BPO (www.fanniemaebpo.com) so that you are really good at determining property value PRIOR to the listing. Additionally, it might be beneficial for you to read the actual contract used by the guarantor you think you want to represent. I am suggesting that you read both the listing agency contract (which you and your broker will need to sign) and the contract which you will provide to buyers/buyer’s agents. You can learn a lot about the firm you will be working for by studying the documents which will bind you to them.
REO sellers do not all require the same level of service
It is important that you pre-determine what type of REO listing agent you want to be: an agent who only lists properties (such as HUD homes) without an obligation to handle utilities, etc – or does property management to a degree (Fannie Mae or Freddie Mac) or offers an even broader range of services such as rehab, keeping utilities in your name and a full menu of other services. Then only seek or accept listings from an REO seller whose needs mesh with those services which you are willing to perform.
I would caution you to avoid seeing the REO business as something you will just ‘tack on’ to the rest of your business. Most REO sellers are very demanding. Their volume is growing faster than mushrooms and a huge quantity of ‘shadow’ inventory is just waiting to be released. It would be wise to see this as a major part of your business and to make a decision based on whether you were prepared or willing to shift and become primarily an REO seller’s agent if this is the path you chose. If you do well, the volume will definitely follow. If you do poorly because you cannot handle unexpected volume, they will drop you like a hot potato and never speak to you again. They take “failure to perform” very seriously.
I would encourage you to talk to some agents who have listed REO’s within the past 18 months. Sit down with them over dinner (your treat) and ask for an honest analysis of those things which they see as problematic.
Your final question to them should be: “What is the worst thing that could happen?” Consider their answer. If you can live with the worst thing that could happen, then go for it.
Best of luck in the REO world.
Happy to be a “Former Fannie Mae Broker”
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.)
June 6, 2009
WORD: "General" Warranty Deed
And the WORD for Today is:
“General” Warranty Deed—provides the broadest coverage for the purchaser. It conveys the property to the new buyer but the guarantor is also warranting that he is entitled to the property as well as guaranteeing against any defects in title or outstanding encumbrances on the title. In cases where there is later found to be a cloud on the title, in whole or in part, the guarantor of a general warranty deed will satisfy a claim with a cash award if there is a loss. The ALTA 98 title policy is the insurance which makes that guarantee to the new purchaser.
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.)
March 28, 2009
Q&A: Short Sale
Q: What happens if I sell my home for less than I owe on the mortgage?
A: First, your lender would have to approve such a sale (normally called a short sale). It is important that the terms of that agreement stipulate that they will not come after you for the difference (called a deficiency). Whether or not they will waive their right to legally pursue you for the deficiency will depend on several things, including what kind of loan you have, whether or not they are likely to be able to collect on an eventual judgment, how much of the shortage will be covered by the insurance policy they have on the home, whether or not you had demonstrated that you had a hardship which made making payments impossible. In other words, there are a lot of variables.
Most important for you is that the agreement for short sale include a waiver of deficiency judgment and that you have this, in writing, prior to signing closing documents.
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.)
A: First, your lender would have to approve such a sale (normally called a short sale). It is important that the terms of that agreement stipulate that they will not come after you for the difference (called a deficiency). Whether or not they will waive their right to legally pursue you for the deficiency will depend on several things, including what kind of loan you have, whether or not they are likely to be able to collect on an eventual judgment, how much of the shortage will be covered by the insurance policy they have on the home, whether or not you had demonstrated that you had a hardship which made making payments impossible. In other words, there are a lot of variables.
Most important for you is that the agreement for short sale include a waiver of deficiency judgment and that you have this, in writing, prior to signing closing documents.
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.)
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