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Anti Deficiency Short Sale Bill SB458 Passes

Friday, July 15th, 2011

July 15, 2011 – California homeowners who are considering a short sale of their troubled properties can rest easier today after Gov. Jerry Brown signed into law Senate Bill 458.  The new law broadens previous short sales laws.

The previous law allowed homeowners to sell their homes at a value less than their existing mortgage value, and the first-mortgage holder had to agree that the sale was accepted as full payment of the obligation, with no recourse.

The new law, Senate Bill 458 requires the same “no recourse” treatment for any secondary, or other junior loans involved in the transaction.  Up until now, it was possible for a homeowner to successfully complete a short sale, only to have the lender come back at a later date and require full payment for any short-falls.

Local real estate agents are applauding the new law.   A short sale transaction may take several months to complete because of the inability of lenders to make timely decisions.  These same local real estate agents are now concerned that the lenders may take even longer deciding the merits of a short sale.

From CAR:

SB 458 (Corbett) Anti-Deficiency – C.A.R .initially sponsored SB 458 to revisit the “anti-deficiency” issue of SB 1178 (Corbett, 2010), which was vetoed by Governor Schwarzenegger. As introducedSB 458 would have extended existing anti-deficiency protections to cover the refinance of purchase money mortgages, and new debt (cash out) incurred to acquire, construct or improve the home. C.A.R. and the lender groups reached an agreement to amend SB 458 to instead expand the provisions of existing law (SB 931 of 2010) which became effective this year. SB 931 requires a first mortgage holder to accept an agreed upon short sale payment as full payment for the outstanding balance of the loan, but does not apply to junior lien holders.

SB 458 extends the protections of SB 931 to junior liens effectively providing that any lender that agrees to a short sale must accept the agreed upon short sale payment as full payment of the outstanding balance of all loans.  In addition, this measure will clarify that this rule applies only to residences.

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Shadow Inventory Slowing National Recovery

Tuesday, July 5th, 2011

July 5th, 2011: Several financial sectors suggest economic stabilization and growth, but the nation’s housing market continues to dampen overall conditions, according to the credit bureau Equifax.

Equifax, based in Atlanta, has released the results of a study it conducted during the month of May analyzing national credit trends.

The company points to shadow inventory and REOs as the two major mortgage market depressors.

“Shadow inventory and real estate owned properties are still playing a dominant role in today’s mortgage market and slowing the pace of economic recovery,” said Craig Crabtree, SVP and general manager of Equifax Mortgage Services.

Equifax says shadow inventories are contributing to a continued rise in severe mortgage delinquencies and write-offs.

Total write-offs in 2010, including first mortgages and home equity installment loans, were $304.6 billion, whereas write-offs for 2006 and 2007 combined were $126.7 billion.

While REOs have fluctuated over the last few years, Equifax says they have been on the rise since March 2011, causing added strain to the nation’s economy.

Some estimates say shadow inventory exceeds 4 million properties nationally.

“Until these foreclosures are processed, the mortgage market will continue to impact economic growth,” Crabtree continued.

Equifax composes its monthly reports from data on more than 585 million consumers and 81 million businesses.

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AREAA presents Discover the Secrets of Short Sale Success

Thursday, May 5th, 2011

The Asian Real Estate Association of America (AREAA) is providing the expertise and tools needed to win with Short Sales on May 18th (10am- 12noon)! Our CEO Michael Corradini will be a featured Panelist alongside some of the nation’s  top short sale experts who collectively closed over 750 short sale transactions in 2010.

Register Here

Tags: agent, AREAA, asian real estate association of america, short sale, short sale agent, short sale panelist, short sales
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Double Dip is here

Wednesday, May 4th, 2011

May 4th, 2011 – April officially marked the first month of the double dip with national home prices 0.7 percent below the prior low recorded in March 2009.

Clear Capital’s report shows prices have fallen 11.5 percent over the previous nine-month period. A rate of decline this rapid has not been seen since 2008.

All the major metropolitan statistical areas tracked in Clear Capital’s report showed quarter-over-quarter price declines. The company says it’s a “sign of the continued volatility and fragility of home prices.”

At the regional level, home prices in the West, Northeast, and South regions have all crossed into double dip territory to record their lowest prices since the downturn began.

While spring typically brings with it a resurgence in home sales – and home prices follow – markets have entered uncharted territory since this spring home buying season will be the first since 2008 without any tax credit incentive.

“A note of caution to those looking for a strong end to 2011: The last time no incentives were in place and distressed inventories were this high, home prices fell sharply,” Clear Capital said in its report.

The company’s home price report last month noted the subtle but rather ominous trend that distressed sales activity in the West, as a percentage of total sales, had climbed after a prolonged 18-month period of general improvements, and in turn, home prices in the western part of the country hit the double-dip mark in March.

Nationally, Clear Capital says a similar trend has formed with REO saturation climbing to a current level of 34.5 percent after it declined to near 20 percent in mid-2010. Strikingly similar, the company says, 2008 saw REO saturation grow from near 20 percent early in the year to 32 percent by the end of 2008.

Looking at home price trends during these same two periods ties together similarities, Clear Capital explained, with a 15.6 percent price decline for the 2008 timeframe compared to the 11.5 percent decline for the mid-2010 through April 2011 period.

“This comparison leads to concern over home price declines through the rest of 2011,” Clear Capital said in its report, noting that the trends of 2008 were quickly reversed with the introduction of stimulus measures.

The housing market still faces many challenges that will only be solved through increased buying activity or a reduction in the distressed segment ― neither of which is assured in 2011.

Tags: 100 short sales, bailout, barack obama, california, double dip, foreclosure, loan mod, obama, short sale, short sales
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Congress Eliminates $88M in Funding for Housing Counseling

Monday, April 18th, 2011

April 15, 2011 – Both the House and Senate approved a budget resolution Thursday. Within the package are cuts to federal agency budgets, one of which is HUD’s Housing Counseling Program. In lawmakers’ efforts to trim agency expenditures, $88 million slated to fund counseling efforts on foreclosure, reverse mortgages, refinancing, and pre-purchase services has been “zeroed out.”

A HUD spokesperson described the curtailment as “painful cuts” and said they “would not have been made in better circumstances.”

In many cases, local housing counseling agencies – approved and funded in part by HUD – are the only source of help for distressed homeowners.

The federal agency, state housing associations, and even some lawmakers themselves have touted such HUD-approved counselors as the go-to source for homeowners struggling to make their mortgage payments.

Their services are free and organizations working to educate borrowers about foreclosure relief scams position HUD-approved counselors as their strongest defense.

Approximately 2,000 of the 2,700 agencies in the housing counseling program receive grant funding either directly or indirectly. Most also receive training assistance through the program. Each housing organization in the program averages about three to four counselors per agency.

Over the past two years, HUD-approved housing counselors have helped more than 4 million families struggling to keep their home, according to the federal agency.

Those within the industry contend that the HUD funding provides much-needed assistance to struggling homeowners and that families across the country — and the housing recovery — could be severely impacted by its elimination.

According to a statement from a group of civil rights and advocacy organizations, including the National Council of La Raza, nonprofits providing these free, HUD-approved services will be forced to lay off skilled housing counseling staff and shut down counseling centers across the nation at a time when our housing crisis is at its peak.

Commenting on the funding cut, Faith Schwartz, executive director of HOPE NOW, said, “Housing counseling dollars remain critical to homeowners at risk…Housing counselors have a proven track record of success with regard to pre-purchase and foreclosure prevention counseling. Eliminating an important source of funding is concerning as industry and non-profit counselors have been working together to keep people in their homes.”

With HAMP, HAFA, and now grant money going away, the private sector is going to need to step up even more to address this housing crisis.

Tags: 100 short sales, agent, bailout, budget, congress, foreclosure, HAFA, HAMP, house, HUD, hud approved, senate, short sale, short sales
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Homeowner Testimonial

Friday, April 15th, 2011

Thank you for the kind words! It is our honor to serve you!

Tags: 100 short sales, bank of america, short sale pros, short sale testimonial, short sales
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Mike Shields Testimonial

Wednesday, April 13th, 2011

Hear what a Realtor has to say about sending his toughest deal to Short Sale Pros!

Tags: 100 short sales, agent, bank of america, california, foreclosure, SDAR, short sale, short sale pros, short sale testimonial
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Study Finds Consumers Will Pay Credit Cards Before Mortgages

Tuesday, April 5th, 2011

Chicago-based credit bureau TransUnion recently conducted a study about bill-paying. The results showed that, when consumers are choosing which bills they can afford to pay, they are more likely to pay on their credit cards than their mortgage payments.

Unfortunately for mortgage companies, this is not a new trend, but one that TransUnion has been consistently finding in its surveys for the past three years. The only slight positive TransUnion could report is that the number of consumers current on credit cards, but delinquent on their mortgages had slightly declined. The number, however, is still more than 70% higher than at the start of what’s now being called the “Great Recession.”

“The percentage of consumers current on their credit card payments and delinquent on their mortgages first surpassed the percentage of consumers current on their mortgages and delinquent on credit cards in the Q1 2008,” the company said in a statement. “Although many industry analysts believed that a reversion to the conventional payment hierarchy would ensue once the recession had concluded, this has not been the case.”

Apparently, current economic and housing environment has consumers reevaluating their priorities.

Tags: 100 short sales, bank of america, countrywide, deed in lieu, foreclosure, loan mod, short sale, Short Sale questions, unemployment
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The HAMP Failure

Monday, April 4th, 2011

The House of Representatives voted last week to end HAMP, which is the Home Affordable Modification Program. It is scheduled to run nearly two more years.

In terms of cost, HAMP is far under the $30 billion estimate that the Treasury set aside, having spent only $1.2 billion so far. Guess that’s what happens when distressed homeowners can’t get banks to talk seriously about these government-sponsored loan modifications.

The bill now moves to the Democrat-controlled Senate, where it stands little chance of getting the votes needed to take HAMP off life-support. The bills will never make it out of the Senate and, even if they do, the President will veto. Can you say a HUGE and colossal waste of time? America, you’re paying for this Republican vs. Democrat chess match that should have ended in a stalemate a long, long time ago. The Republicans proposing these program closures know it’s a waste of time, they just want to CYA (cover their own asses) while still looking good to their constituency. That’s what American politics has become—CYA, clever sound bites, not doing anything to upset your voters and sticking with your party no matter what the issue.

Meanwhile, well over a million Realtors are somehow supposed to squeeze out a living, when first-time buyers are scared to death to commit to a 30-year loan, unemployment is high, mortgage approvals are extremely difficult to get, foreclosure rates are through the roof, property values refuse to stabilize with any certainty and an unknown amount of shadow inventory is lurking around the corner. And that doesn’t even take into account the negative affect on all the builders, construction workers, home inspectors, property appraisers and companies who make products for the home building industry.

So “thank you” to both Republicans and Democrats for doing essentially next to nothing of value to help America out of this recession. While you’re arguing and grand-standing, more Americans are losing their homes, their jobs, their medical insurance, and their belief in the American dream. You have done FAR more harm than good.

Tags: $30 billion, 30billion, barack obama, foreclosure, HAMP, obama, short sale, short sales, washington
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