The Bergen County Homes Blog

Inman News is the leading source of news for the real estate industry.  I receive it’s news updates twice daily and this afternoon  there was a book review on a new book that I thought would be of great use to any home owner who is thinking of selling his home as a short sale.  

The book is titled “How to Use A Short Sale to Stop Home Foreclosure and Protect Your Finances” and what I liked about it was the clear way the material is presented.  The reviewer, Tara-Nicholle Nelson,emphasized that the author made everything involved in a short sale easily understandable.  Short sales can be a great solution to avoid foreclosure but what I’ve observed is that most homeowners and most real estate agents simply don’t understand them. 

I’d also recommend that any home buyer who is thinking about purchasing a short sale get this book.  From what Ms. Nelson wrote in her review, the material is very comprehensive and a lot of it would also help to educate a buyer.  You can get it at Amazon and the 2 reviews there were positive.

While national foreclosure rates rose 15% during the first half of 2009, in New Jersey foreclosures are dropping. In fact, NJ foreclosures are down by 30% for the first six months of 2009 compared to the same period in 2008 according to Realty Trac. In May, the New Jersey Judiciary announced foreclosure activity for the first 4 months of 2009 was down by 20%. These figures certainly point to an improving housing market in New Jersey.

A lot of credit is being given to the programs New Jersey brought out in January to help homeowners avoid foreclosure. A special foreclosure mediation website was put up just to help owners avoid foreclosure by the State with a toll free hotline. The Star Ledger reported that although the number of homeowners helped has been small, the public awareness brought about by these programs has had a significant impact. Many homeowners took stock of their situation and acted to avoid foreclosure.

Another aid has been historically low interest rates which allowed people to refinance their mortgage into a more affordable loan. Supporting this is the fact that the New Jersey housing market hasn’t depreciated as badly as elsehwere; our house values have performed better than national averages.

According to Jeff Otteau, the renowned analyst of the New Jersey real estate market, this makes quite a difference. “The reason that borrowers walk away and mail in the keys is because not only are they having a hard time making their payments, but their houses are worth less than their mortgage balance,” Otteau said.

Bergen County foreclosure rates, as reported in The Record on July 16th, are 1/206 while New Jersey is 1/146 and the US is 1/84. As usual, Bergen County outperforms the general real estate market.

While we can’t predict the future, it’s also true that a 30% drop in foreclosures will certainly stimulate consumer confidence in NJ housing and that is huge. For Bergen County homes, with it’s consistently superior performance, this is even more the case.

When the Home Valuation Code of Conduct went into effect by Fannie Mae and Freddie Mac on May 1st, appraisal protocols for mortgage loans changed. To protect consumers, loan officers, mortgage brokers and real estate agents can no longer choose appraisers.

Why is this so important? Because the mortgage bank and the home buyer rely on an appraiser’s determination of value; a lot of abuse and fraud has been uncovered. If, for example, an appraiser sets a home value to fit the sales price, that’s obviously wrong.

I just had a short sale listing close; the bank took nearly a 50% loss on a $1.8 million loan. The homeowner had been building a new home for himself. When he gave me his loan amount, I was stunned. There was no way to justify that mortgage loan and yet it happened.

To comply, banks no longer have their own appraisers; they use real estate appraisal services with pools of appraisers from which appraisers are randomly selected. This creates an added expense for the mortgage process and increasingly results in appraisers valuing homes who’ve never been to the area before and aren’t members of the local MLS. Recently my office experienced this.

An office listing had an appraisal that was ridiculously low. Both buyer and seller knew this but the bank, which had to use the appraisal, could no longer justify the mortgage. The appraiser had never been to the area before and used the wrong MLS. Bergen County homes are listed in the New Jersey MLS; the appraiser used the Garden State MLS which has only a few Bergen County listings. Without expert knowledge of the local inventory and no access to all the data, he wasn’t able to do a correct valuation.

Eventually things will straighten out but until it does, there will be higher costs to obtaining a mortgage for home buyers and for both buyers and sellers, there will be appraisals that unfairly cancel mortgages.

There is a new thief who preys upon homeowners who must put their home on the market as a short sale. Simply put, a short sale occurs when a homeowner can no longer pay his mortgage, has no other assets and the loan amount is greater than the home is worth. As a result there is a shortage between what’s owed on the home and it’s market value. The only way a homeowner can sell his home is by getting the bank to accept this shortage, thus the term “short sale.”

These new thieves market themselves as having all the solutions to your problems because they have a “special” ability to negotiate a short sale with the bank. Nothing could be farther from the truth. What really happens is that a desperate homeowner is taken advantage of by these horrible people because the truth is that they are completely unnecessary.

Realtors do short sales all the time. If you must put your home on the market as a short sale, your listing agent can do the work and negotiate with the bank on your behalf. You can also ask your attorney to do this for you and many people do. What you don’t need is to encumber yourself with an unnecessary expense by hiring one of these charlatans. They are today’s version of the proverbial “snake oil salesman.”

I have worked on short sale transactions successfully. It is a tremendous amount of work and takes a long while. Everyone involved needs a lot of patience but eventually things do work out. Buying a home that is a short sale means a long wait for the buyer. Sometimes a buyer will cancel his contract out of frustration – it takes months and months to see if the mortgage bank will accept the buyer’s offer. But, hiring one of these thieves will not help you – it only wastes your money on these frauds. Every bank has it’s own unique process and no one can make a bank move any faster.

Don’t allow a predator to hurt you – if you have any questions, email me and if I don’t know the answer, I’ll find someone who does.

The figures are in and the real estate market in Bergen County is doing OK.  It’s still a buyer’s market for homes but you can see some signs of improvement.

In January I had written that the real estate market in Bergen County would shift during the 4th quarter of 2009 and stabilize.  From then on for a few years we would be working in a narrow range before turning upward again.  This time it would take longer than it did in the early 90′s to rebound fully but being stable is good.  So far my projection is still on target.

Most of the reports at that time were for this to happen once we were solidly in 2010 – well, the media reports are singing a different song because things have changed.  And so has the market.

If you look at the number of homes coming onto the market and going under contract, what you’ll find is very interesting.  For the homes becoming active in the New Jersey MLS, there’s been an 11% drop during the first quarter of 2009 but the pace of homes going under contract is the same this year as it was last year.  Do I hear the word stable anywhere?  Yes, this is indeed a sign of stabilization and that’s, to quote Martha Stewart, a good thing.

For the first quarter in both 2008 and 2009 the Active to Under Contract ratio is 3.9 to 1 in the New Jersey MLS data.  This means that the pace of home sales is maintaining itself and it’s also quite respectable – the ratio of a strong seller’s market is 2 to 1.

Looking closer to see what happened we find that in 2008 the rate at which homes became active was pretty normal – a gradual progression as you moved more into the year.  But in 2009, January and February were anemic and then we had a 32% explosion upward in March.  Do you think that the spring real esate market is back in Bergen County?  I sure do.

Home buying activity has really picked up since March 1st and home sellers have correspondingly jumped into the real estate market.  Why would they wait until now to put their home on the market for sale?  Because the atmosphere was so negative at the end of 2008 that it made many homeowners hold off.  What’s changed?  Well, just to mention a few items – the $8,000 tax credit, liberalization of FHA mortgages, even lower mortage rates, home prices not seen in nearly 8 years and the natural spring rhythm of home buying.

While home values are still going down – another 5% for the rest of this year – I still feel that the market will be stabilized by the 4th quarter.  What we’ve seen so far this year in maintaining the pace of sales and in the recent surge in home buying activity certainly point to this and also to a good spring market for Bergen County homes.  In fact, I won’t be surprised to learn that the bottom of the real estate market in Bergen County was the end of 2008 and the very beginning of 2009.  2009 will be a year of change.

There has been a noticeable increase in the number of people looking at homes over the past two weeks.  We’re seeing more buyers coming out on Sundays to our open houses, more calls into our offices and more web responses to our internet postings.   The Bergen County real estate market has been very very busy.

At the same time, the real estate inventory is growing daily as more and more people are putting their homes on the market for sale now that we’re safely past the snow season.  Most homehomes owners do not want to sell their home during the winter weather so having the number of homes for sale grow significantly at winter’s end is quite normal.

The reason for home buyer activity is improved market conditions.  Prices are down substantially from 2004 (by 20 to 25% in most areas), mortgage rates tumbled over the past 2 weeks and one of the most respected analysts of New Jersey real estate,  Jeffrey Otteau, announced last week that New Jersey real estate will depreciate another 9% in 2009 and then stay at that level in 2010 as the real estate market stabilizes.  For many home buyers, this combination of factors made buying a home now a great idea. 

It will be interesting to see if this pick up in activity continues and for how long.  I have a funny feeling that the “smart money” is buying a home now.  Only a lucky person picks the market bottom but I must say that we’ve got to be pretty close to it now.

Simply put, a short sale occurs when a home that is sold is worth less than the mortgage amount and the homeowner cannot make up the difference.  For example, you sell a home for $75,000 but the mortgage is $100,000; you’re short $25,000.  The bank enables the homeowner to sell the house by forgiving the $25,000 difference.  So while the bank doesn’t own the house, the owner can’t sell it without the bank’s cooperation.   Of course, in an actual short sale, the bank would be forgiving the mortgage amount, any other liens and the closing costs. 

If you are interested in pursuing a short sale in Bergen County, please contact an attorney who specializes in real estate before you do anything.  It is always best if you begin by being fully informed.

To get the bank to allow a short sale, a homeowner completes a “workout package” for the bank’s approval including a ”hardship letter” in which the circumstances of the homeowner’s difficulties must be explained along with supporting documentation (pay stubs, account statements, etc).   

Why would a bank do this?  Because the other alternative is a foreclosure which will cost the bank much more in time and money. 

Why would a homeowner do this?  A short sale erases the debt – most of the time the bank forgives everything; infrequently it may insist on a promissory note for part of the loss but that’s still much better than a foreclosure.  In a foreclosure, the debt is still owed so creditors can take your vehicles, garnish your wages, clean out your checking account etc.  This can last for years until the debt is paid off.  A foreclosure ruins your credit for about 10 years – this is a disaster like the Titanic.  You can recover your credit in a few years with a short sale plus the IRS does not consider the forgiven debt as income.

In Bergen County we have 3,703 single family homes for sale according to the New Jersey MLS today; 346 are short sales.  That’s 9.3% of all homes for sale.  Real estate can be negatively impacted by foreclosures; it’s not nice to drive down your street and see a boarded up house with a “Sheriff’s Sale” sign on it so there are many reasons why a short sale is a better idea; it helps the bank, the homeowner and real estate in Bergen County.