The Bergen County Homes Blog

Not every short sale ends up at the closing table.  Many homes instead end up in foreclosure.  Often the reason is simple – the homeowner did not use the right professional to represent them.   Whether buying or selling a home, the best results come when you use the right people.  This is critically important for short sales.

The attorney or real estate agent who did a great job for you when you purchased your home are not necessarily the best choices if you are upside down in your house and need to do a short sale.  Skills needed for short sales are very different.

Short sales are arduous transactions requiring a tremendous amount of work and/or patience on the part of everyone involved.  The individual who negotiates with the bank is the person who achieves or loses the opportunity get the home sold.  It really is as basic as that.

If you are buying a home that’s a short sale, you also need a professional in short sale transactions.  There are special protections you must have that don’t exist in conventional transactions.

Sometimes a short sale is not the best idea for you whether you’re a buyer or a seller.  Without an expert’s advice, how can you analyze what’s best for you?  I have done several short sales successfully.  What I can tell you is that without the help of short sale professionals, I could not have achieved the success I did.  If you need the name of a short sale professional, just let me know.

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.

If you are a home buyer and you qualify for the first time home buyer tax credit, time is running out for you to find a home.  You must buy a home by November 30th and because getting a mortgage these days often takes 45 days, many buyers feel pressured to make a decision now.  As a result, a first time home buyer who qualifies for the $8000 Tax Credit may find himself scrambling to get into contract this week.  However, I’m wondering if some of you aren’t making a mistake.

$8000 is nothing to sneeze at but a buyer may be missing out on a home value that far exceeds the $8000 credit – short sale opportunities are still available.  There are many homes for sale with steep discounts because they are a short sale and you may find a house that is a better “fit” for you in a short sale than trying to buy a home that you really don’t love just because of the tax credit.

In the New Jersey MLS this morning, searching for short sale homes shows that of the 3,796 single family homes for sale, 352 are a short sale.  There are also many that are described as potential short sales.  For our purposes, let’s say that a bit more than 10% of the Bergen County housing market is a short sale.   This figure has been pretty constant this year.  The bottom line is that there are other opportunities out there.

Even if you can’t find a home that works in time for the tax credit, you shouldn’t go into contract on something that isn’t the right home for you and your family.  Opportunities come in many ways.

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.

Bergen County homes have done better than most in the US real estate market but like elsewhere, our home values have depreciated over the past few years. For many homeowners this has created a horrible situation where they are facing a short sale or foreclosure.

For those who have seen their mortgage rates reset to a loan they can’t afford, the situation soon deteriorates to a short sale or foreclosure because their loss of equity makes it impossible to get the appraisal needed to refinance to today’s low interest rates. This is why the Federal Government stepped in to help.

On July 1st HUD Secretary Shaun Donovan announced that Fannie Mae and Freddie Mac will begin refinancing mortgages with loan-to-value ratios as much as 125%. This means you can be 25% negative in the value of your house and still refinance. The idea is to try to match the loss of equity so that homeowners who’ve been paying their mortgages and have good credit can stay in their homes.

While this is just part of the Bergen County housing market, it allows many people to keep their home and helps stabilize real estate values by avoiding foreclosures and short sale transactions.

If this works for you or someone you know, get in touch with a licensed mortgage banker. You need a top level loan officer’s help to qualify for this program; if you need a recommendation, just let me know.

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.

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.