03
Sep

The following is an article that originally appeared in the Los Angeles Times on August 29th, 2010

Foreclosures of million-dollar-plus homes on the rise
The number of homes in the $1-million-and-up slice of the market that have become bank owned has tripled during the last three years in Los Angeles County, and the trend has shown little sign of slowing.
August 29, 2010|By Lauren Beale, Los Angeles Times

Foreclosure is blind.

After the mortgage meltdown and the plunge in home prices, record numbers of ordinary houses tumbled into foreclosure across Southern California as borrowers became unable or unwilling to pay their mortgages. But the rich aren’t so different after all: Million-dollar-plus homes have reverted to lender ownership in increasing numbers — previous sales prices, prime locations and even celebrity pedigrees have provided no immunity.

Earlier this year, Oscar-winning actor Nicolas Cage’s English Tudor joined the foreclosure fraternity. The nearly 12,000-square-foot house, once marketed at $35 million, now is listed for $11.8 million; the seller, Citibank.

The Bel-Air mansion wasn’t even the most expensive lender-owned property — known in the industry as REO, or real estate owned — in Los Angeles County, according to a records search of houses on the Multiple Listing Service in the county’s most posh ZIP Codes.

Higher priced still was the alleged Wells Fargo party house, which was listed nearly a year ago at $21.5 million and sold this month for $14.95 million. The beachfront house in gated Malibu Colony became the center of controversy when neighbors complained that it was being used by a Wells Fargo & Co. executive for social events; the executive was subsequently fired.

Although the pace of foreclosures has slowed in the general housing market in Southern California and much of the nation, it’s still rising for upper-tier homes.

The number of homes in the $1-million-and-up slice of the market that have become bank owned has tripled in the second quarter compared with the same period three years earlier in Los Angeles County, which has the majority of Southern California’s high-priced REO houses. And the trend has shown little sign of slowing, according to data from ForeclosureRadar.

By comparison, the number of homes reverting to banks in all price ranges combined peaked in the third quarter of 2008.
Many of the reasons the rich lose homes to foreclosure are no different from those of moderate- or low-income borrowers — poor financial management, the loss of a job, a drop in home value — said Mark Goldman, a foreclosure expert and loan officer who teaches about real estate investments and finance at San Diego State University. That the top of the market is still seeing increased foreclosures may reflect the staying power of owners with deeper pockets who could hold on to their homes when the economy first faltered, he said.

Some well-heeled homeowners were hit particularly hard when the stock market tanked and the financial scene fizzled. Others, such as the original owners of the Wells Fargo beach house, saw their investments wiped out by Bernard Madoff’s massive fraud scheme.

But none of that unsavory association was apparent in the polished staging and marketing materials about the 3,800-square-foot home prepared for Wells Fargo by listing agent Chad Rogers of Hilton & Hyland. (“Walls of glass create an unparalleled indoor/outdoor environment…. Wake up to the gleaming Pacific in the sumptuous master suite.”)

In fact, unless one reads the fine print, it is sometimes hard to identify a pricey property gone bad.

Rogers’ Hilton & Hyland colleague David Kramer, however, takes a different approach when selling bank-owned property. A 12,000-square-foot contemporary Mediterranean he has listed with other agents recently hit the market at $8.595 million. Included in the MLS remarks describing the property: “lender owned” and “originally listed at $16.95 million.” Who doesn’t want to know they are getting 50% off?, he said.

Not every REO is owned by a bank. Sometimes the new owner is a private money lender.

One such corporate-owned REO in the Beverly Hills Post Office area is an 11,000-square-foot Mediterranean on more than two acres with a tennis court and swimming pool that is priced at $7,999,000. The original owner had purchased the property in the 1990s, but after borrowing against the property for a business that didn’t survive the economic downturn, he couldn’t support the payments, said listing agent Danny Batsalkin of L.A.-based Boulevard Realty.

Unlike the bank-owned competition, the house comes with an offer of financing — 20% down at a 5.99% interest rate and three years of interest-only payments. “This does make it more attractive,” Batsalkin said.

Changes in banking requiring full-documentation loans have altered the financing picture in the upper end of the market, Goldman said.

“In 2006, you could borrow 70% to 80% on a $10-million house,” he said. “Today you might need 50% down.”

Working with a seller that is a bank can present challenges.

“In general, my experience has been that banks are really bad at managing real estate,” Goldman said. “You probably have to go through three or four good offers before someone will sign on the line to sell the asset.”

The lender is not motivated to let the property go at a discount, because it still shows a higher value while it’s on the books, he said.

That opinion, however, is not shared by Karen Caskey, an REO property specialist with RS Capital who is based in Beverly Hills.

The bigger lenders all have specific documents and forms to file, such as proof of cash, said Caskey, who has worked with REO buyers and sellers since 1993. “If all their requirements are met, I’ve had an answer the same day.”

Caskey says she is sometimes competing against multiple offers for multimillion-dollar REOs.

Other lenders are lowering prices. A bank-owned property in Beverly Hills listed at $3.1 million that Caskey has been tracking was dropped to $2.65 million this summer. “There’s good savings in the $2-million- to $4-million range,” she said.

Though there has been much speculation about a so-called shadow inventory of REOs ready to hit the market and depress prices further, Goldman is not concerned.

“We’ve been waiting for a year and a half for the deluge of bank-owned properties, and it hasn’t happened yet,” he said.

Another reason to be less concerned about shadow inventory, Goodman said, is that now there’s more interest from banks to modify loans or go for a short sale, in which the house sells for less than the lenders are owed.

Some high-end homes have not returned to the market and instead are being leased back to their former owners.

“The banks will sell them in four or five years” when prices have rebounded, Caskey said.

In the current market, it can take years to get a new owner into a property that went into default. Retired pro ballplayer Jose Canseco lost an Encino home in 2008 to Washington Mutual. He had purchased the property for $2.785 million. A sale finally is pending on the REO, listed at $2.125 million.

Whether luxury REOs represent bargains that won’t be available again for years remains to be seen.

Bryan Ochse of Media West Realty in Burbank, which works with 11 lending institutions and specializes in REO sales, isn’t betting on it.

“We believe the high end is ready to fall apart,” he said.

Goldman is more optimistic about the market’s recovery.

There has been a lot of talk recently “about a double-dip” in the housing market, Goldman said. “I’ve been thinking of the housing market as a light airplane landing and it kind of bounces. Until things stabilize, we’re going to see some up and down here.”

If you or someone you know may be facing foreclosure, please contact us or visit http://411nod.com.

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25
Aug

We are pleased to announce our association with mortgage guru and radio host Ken Michaels and offer his recent radio broadcasts from our main website 411NOD.com.

Ken has over 27 years in the mortgage industry. His direct, no nonsense approach to helping radio listeners has helped many homeowners avoid foreclosure.

You can listen to Ken’s radio program ”Mortgage Makeovers” directly at our website by going to http://411nod.com/ken-michaels-mortgage-makeovers.htm.

Remember, if you are behind in your mortage payments, are upside-down on your home loan, or are facing foreclosure, we are here to help. Contact us now for details on how we can help you save your home!

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06
Aug

Fannie Mae (Federal National Mortgage Association) showed a double in bank-owned real estate inventory, having aquired 68.838 single-family real estate owned properties through foreclosure in the second quarter of 2010, compared with 61,929 in the first quarter of 2010. As of June 30, 2010, the company’s inventory of single-family real estate owned properties was 129, 310, compared with 109, 989 as of March 31, 2010.

The company has seen an increase in the percentage of its properties that it is unable to market for sale in 2010 compared with 2009. As of June 30, 2010, approximately 36 percent of the company’s properties that it is unable to market for sale were in redemption status, which lengthens the time a property is in REO inventory by an average of four to six months. Additionally, as of June 30, 2010, approximately 36 percent of the company’s properties that it is unable to market for sale were in occupied status, which lengthens the time a property is in REO inventory by an average of one to three months.

Many homeowners fall victim to foreclosure because they do not have the tools or knowledge available to them to understand how to prevent their home from being taken by the bank, thus becoming another statistic not unlike what has been stated above. If you have exhausted all other avenues of rendering your loan current with your lender, and have received, or are about to receive a Notice of Default (N.O.D.), you still have options available to you to avoid your home falling victim to foreclosure and Fannie Mae statistics.  Learn more about Notice of Default and foreclosure proceedings by clicking here.

If you are facing foreclosure, a short sale can help you avoid your home being sold at auction. A short sale allows you to sell your home for less than the fair market value (FMV) based on your lender’s approval. You can learn more about short sales by clicking here.

If you have questions about Fannie Mae, the foreclosure process, bank-owned properties or foreclosure prevention, feel free to contact us for a free, private consultation. For more information, please visit http://411NOD.com.

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27
Jul

 


Nearly 7.5 million loans are in default today. Please join Patrick Lopez and Associates  for a COMMUNITY TOWN HALL MEETING where we will discuss the current real estate climate and offer information on such important topics as:

Loan Modifications
Bankruptcy (When is the right time?)
Refinancing in a Down Market
Short Sales
Cash for Keys
Insolvency
Tax Implications
Legal Implications
And more…

Interact with an expert panel including a real estate attorney, CPA, bank negotiator, realtor, loan officer and ASK YOUR QUESTIONS AT NO CHARGE!

This is a great opportunity to understand the marketplace and your options as a homeowner in this current economic marketplace.

When? Wednesday, July 28th at 6PM
Where? Valencia Library-23743 W. Valencia Blvd. Santa Clarita, CA 91355
RSVP by clicking here or call 661.290.3765.

THIS IS A FREE EVENT!!

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26
Jul

Recent economic events have prompted federal, state and local governments to work in conjunction with the private The Government offers the Making Home Affordable program to qualified distressed homeowners. sector to try and resolve what some have deemed a ‘critical financial crisis’ with regard to home foreclosures rising at such a rapid rate. On March 4th, 2009 the Federal Government launched the Making Home Affordable program as part of the Homeowner Affordability and Stability Plan, which offers assistance to as many as 7 to 9 million homeowners who make a good-faith effort to stay current on their mortgage payments. This program is designed to make their mortgages more affordable and help to prevent the destructive impact of foreclosures on families, communities and the national economy. It offers some homeowners with mortgage payment relief while providing incentives to lenders to provide loan modification to those that meet the minimum requirements. This program applies to owner-occupied homes, and it will not provide money to speculators or investors.

Many states, such as California, have enacted laws with provisions that require lenders to make more stringent efforts to try and help homeowners who are facing foreclosure. In certain cases the foreclosure process may be delayed while resolution is attempted between the lender and the homeowner. Check with your local city and state offices to see what programs have been enacted, or will soon be enacted, to help struggling homeowners.

While these programs and provisions may help some, they will not help all homeowners facing potential foreclosure. It is also important to note that some government programs, designed to help struggling homeowners, have been ineffective at reducing foreclosures on any sustainable level. Many government agencies are overwhelmed with inquiries and are understaffed to handle the increasing volume of homeowners requesting help. In some cases, complicated application processes and red tape do not provide the distressed homeowner with any relief that their situation will be resolved to their best benefit.

How the Plan Works: An Overview

Homeowner Affordability and Stability Plan

  1. Refinancing for Responsible Homeowners Suffering From Falling Home Prices
  2. A Comprehensive $75 Billion Homeowner Stability Initiative
  • A Loan Modification Plan To Reach 3 to 4 Million Homeowners
    -Shared Effort with Lenders to Reduce Interest Payments
    -Incentives to Servicers and Borrowers
  • Clear and Consistent Guidelines for Loan Modifications
  • Required Participation By Financial Stability Plan Participants
  • Modifications of Home Mortgages During Bankruptcy
  • Strengthen Hope for Homeowners and Other FHA Loan Programs
  • Support Local Communities and Help Displaced Renters

      3. Support Low Mortgage Rates by Strengthening Confidence in Fannie Mae and Freddie Mac.

Source: US Government

With these guidelines in place, why isn’t EVERY homeowner taking advantage of the Homeowner Affordability and Stability Plan? In order to qualify for assistance under this program, here are the terms:

  • The home must be owner occupied, single family 1-4 unit property (including condominium, cooperative and manufactured home affixed to a foundation and treated as real property under state law).
  • The home MUST be a primary residence (verified with tax return, credit report and other documentation such as a utility bill)
  • The home MAY NOT be investor-owned.
  • The home MAY NOT be vacant or condemned.
  • Borrowers in bankruptcy are not automatically eliminated from consideration for a modification.
  • Borrowers in active litigation regarding the mortgage loan can qualify for a modification without waiving their legal rights.
  • First lien loans must have an unpaid principal balance (prior to capitalization of arrearages) equal to or less than:
    -1 Unit: $729,750
    -2 Units: $934,200
    -3 Units: $1,129250
    -4 Units: $1,403,400
  • The mortgage MUST conform to Fannie Mae and Freddie Mac loan limits
  • Only the FIRST MORTGAGE is eligible for modification
  • Investment properties, second mortgages, or non-conforming loans will not qualify under this program.

 

So what are your options? While these government programs were designed with the best intention of aiding as many as possible, it is implausible to believe that every homeowner facing foreclosure will receive assistance. Logically, there are simply not enough resources to help everyone in need. These programs were designed to curtail the negative impact that the foreclosure crisis has had on the economy, but not designed specifically to solve the overall problem in its entirety.

You are certainly within your right to pursue all means, public and private, to try and relieve your situation. Doing your homework on the various foreclosure prevention options available to distressed homeowners will insure you have the best opportunity to make the right decision with regard to your specific situation. But what happens if you are not eligible for any specific help provided by recently enacted relief programs? What steps do you take to protect your home and your investment from foreclosure if you are one of the millions of struggling homeowners? If you find yourself in this position, you might consider taking matters into your own hands to protect yourself by initiating your own loan modification.

If you have further questions regarding this program and other options to avoid foreclosure, be sure to visit http://411nod.com for more information and to contact one of our certified pre-foreclosure specialists.

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08
Jul

A few years ago, hardly anyone could have imagined that the phrase ‘home mortgage loss mitigation’ would becomeBeware of foreclosure prevention scams such a part of our lexicon. Loss mitigation has become a growth industry due to economic events we have experienced in the past few years. That being said, the number of businesses engaging in unethical, unscrupulous and downright illegal activities has also skyrocketed. It can be very difficult to know exactly who to turn to when you need help. While government and non-profit agencies publicize free counseling services, some of them do nothing more than to help the homeowner put together their financial income/expense statement, and offer no real negotiating power with the lender’s loss mitigation department. Other non-profit “loan modification help websites” offer little more than links to OTHER non-profit resources and/or your lender’s website. In many cases you will find yourself spending as much time with these organizations as you would negotiating your own loan modification with your lender, wasting valuable time only to have these organizations tell you what you already know.

It is important to point out that your lender will rarely audit their own loan documents to determine if they made any errors, and it is equally important to note that the average homeowner may not have the ability to analyze their own documents for mistakes or discrepancies. If they did, they probably would not have found themselves in the position of needing to modify their loan in the first place. Whether you do it yourself or hire a professional, the more knowledge you have on your side with regard to your loan modification, the better your chances of success.

If you feel you have legitimate discrepancies in your loan documentation that is affecting your mortgage payment, you may submit a Qualified Written Request to your lender as is your right under Section 6 of the Real Estate Settlement and Provisions Act (RESPA). The letter should include the following information:

  • Describe the issue or the question you have and/or what action you believe the lender should take.
  • Attach copies of any related written materials.
  • Describe any conversations with customer service regarding the issue and to whom you spoke.
  • Describe any previous steps you have taken or attempts to resolve the issue.
  • List a day time telephone number in case a customer service representative wishes to contact you.

Also, the letter should NOT be included with your mortgage payment, but should be sent separately to the customer service address (which may differ from your lender’s payment address).

The Qualified Written Request requires the lender to respond within 20 days that they have received your request, and also requires them within 60 days to review your loan for the errors that you have noted in your request and provide resolution to any issues. You may find more information regarding the Qualified Written Request, and samples Qualified Written Request letters at www.hud.gov.

If you are considering seeking professional help in your foreclosure prevention efforts there are some things to be aware of:

  1. Know the laws in your state regarding fee-based loan modification/foreclosure consultant firms. Check your state’s website or contact your state’s Attorney General’s office to find out what laws protect you as a consumer.
  2. NEVER pay a fee up front UNLESS the loss mitigation firm complies with the law. In most states it is perfectly acceptable for attorneys-at-law, who perform these services as part of their practice, to accept an advance retainer fee. They are offering legal counsel as well as performing a forensic review of your documents as part of the loan modification and negotiation process. However, you must still perform your own due diligence to insure the firm you hire is performing their tasks within the limits of the law. You can verify a law firm’s status through your state’s Bar Association.
  3. Some non-attorney loan modification companies may accept fees up front ONLY if they are registered with the Department of Real Estate and meet other criteria based on their state’s laws and provisions. The loan modification contracts must spell out in detail the services offered and provide a right of rescission (I.E.: your right to cancel the contract) prior to accepting any fees. Some states are also now requiring loan modification companies and foreclosure consultants to register with the Department of Justice and to obtain a surety bond. Again, check with your state’s Attorney General Office for details. The Department of Real Estate DOES NOT APPROVE loan modification companies, so beware of any advertisements that contain verbiage to that effect. Under certain conditions that may vary state-to-state, Licensed real estate brokers (and sales agents working under the licensed brokerage) MAY perform loan modification services on behalf of troubled homeowners under the following conditions:
  • Broker must complete Sample Advance Fee Agreement (RE 880, enclosed) by following the instructions outlined in the enclosed instructions.
  • Upon acceptance, DRE simply states ‘No Objection’ (That DOES NOT mean APPROVED!) and will place brokerage on ‘Advance Fee Agreement Listing’ list of brokers.
  1. Be sure you know EXACTLY what the fee-based loan modification company will do for you. If they are only offering services that you can do yourself, you will need to weigh the cost of their service (in most cases charges will exceed $1000) versus the value of your own time. That being said, paying an attorney who has your legal protection as well as your loan modification interests in mind may be much more valuable to you than going it alone.
  2. Beware of “Foreclosure Relief” companies who claim to help you save your home by having you make payments to THEM instead of your lender. These companies claim to relieve you of the threat of foreclosure by renegotiating with the lender on your behalf. They state that THEY will pay the newly renegotiated mortgage to the lender while you pay them a monthly fee. They of course pocket your money and make no contact with your lender whatsoever, leaving you in worse financial shape than you were in the beginning. Many unfortunate people across the country have lost their homes due to this scam.
  3. Beware of any unsolicited marketing attempts, especially if your lender has filed a Notice of Default against your property. This information becomes public knowledge and scammers are ready to take unscrupulous advantage of your unfortunate situation. Remember, if an ad sounds too good to be true, IT PROBABLY IS!
  4. NEVER agree to exchange title ownership of your home in lieu of cash payment for loan modification or loss mitigation services. This is illegal in most cases and you will find yourself no longer owning your home. Any individual or organization who offers to purchase your home with a “leaseback” option is typically unscrupulous and does not care about your well being. It usually works like this: You are facing foreclosure. You are approached by an individual or organization who offers a “leaseback option” as a way out of your troubles. You “sell” your home to this individual or organization but are still allowed to live there. Your monthly payments might include a “lease” term with an “option” to buy back your own home after a certain period of time.
    The problem is that your new landlord, who now has title to your home, can do whatever he/she/they want with it; including cashing out any remaining equity for questionable purposes, or worse, selling the home out from under you leaving you without a place to live. This option leaves you very little protection, so beware of ANYONE who approaches you with such an offer. Most states have specific laws regulating this practice. Check your state’s legislation for details.

It is unfortunate that these scams exist in such trying times. The news is full of stories about homeowners all over the country who have been victims of these and other rip-offs. Protecting yourself through research and knowledge can help you if you are solicited by such individuals seeking to exploit your situation. Even if you are approached with a “solution” that sounds legitimate, do not hesitate to investigate the company or individual. Make use of such organizations as the Better Business Bureau, Department of Consumer Affairs, and the Federal Trade Commission’s Bureau of Consumer Protection to insure your protection against scam artists. Do not hesitate to contact your local District Attorney’s office if you think you are, or have been, a victim of a crime.

If you or someone you know may be facing foreclosure, we’re here to help. For a free consultation or to find out more about saving your home from foreclosure, please visit http://411nod.com.

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01
Jul

In light of the change in the residential real estate market in the past few years, many homeowners have found themselves overwhelmed with trying to fight off foreclosure from their lender and mortgage company. It is unfortunate that so many homeowners walk away from their mortgage upon receiving a Notice of Default from their lender when they do have an option to save themselves from foreclosure through a short sale.

What is a Short Sale?

A short sale is a process by which a seller sells his home for less than what he owes to the mortgage company. For example, let’s say a seller’s mortgage loan balance is $600,000, but homes in his neighborhood are valued at $450,000. That’s a $150,000 negative difference in his loan-to-value (LTV) ratio. If the seller is not in a position financially to continue his mortgage payments until the market recovers to the point where his home is worth more than his loan, he may face foreclosure. Under certain circumstances, the lender will allow the seller to “short sell” his property in order to avoid a foreclosure. In a short sale, the closing costs usually paid by the seller will instead be paid by the lender who holds his mortgage loan.

What are the Requirements for a Short Sale?

First and foremost, the home’s equity value must be less than the loan value itself. Second, the homeowner will have to prove financial hardship in order for the mortgage company to authorize a short sale of the property. Usually the homeowner will have had to first try and make arrangements with the lender to make good on his loan either through a loan modification or repayment plan, and it is strongly suggested that homeowners try to work out a solution with the lender first prior to attempting a short sale. Many lenders will do their best to work with homeowners on a solution prior to filing a Notice of Default or authorizing a short sale, so it is worth making contact with the lender first to see if you are eligible for a viable solution. Financial hardship must be documented and records such as tax returns, bank statements, unemployment authorization, and other financial information may be required by the lender, as well as a clearly written hardship letter.

What Should a Homeowner Do to Short Sell Their Home?

The first (and best) thing to do is to contact a real estate agent in your area who specializes in residential real estate short sales. You can do so by locating real estate agents with a CDPE® (Certified Distressed Property Expert) designation. A Certified Distressed Property Expert® is a real estate professional with specific understanding of the complex issues confronting the real estate industry, and the foreclosure avoidance options available to homeowners. Through comprehensive training and experience, CDPEs are able to provide solutions for homeowners facing hardships in today’s market, specifically short sales.

How Much Does a Short Sale Cost?

Usually a short sale will cost the homeowner nothing out of their pocket. All costs and fees usually associated with the sale of a property will be covered by the homeowner’s lender upon authorization of the short sale, including escrow fees, title fees, and real estate agent commissions. Contact your Certified Distressed Property Expert for details.

How does it Work?

Your real estate agent will list your home using a standard listing contract at fair market value. You will usually be given other paperwork relating to the short sale that you will need to fill out as well. This may include financial details and a hardship letter to provide the lender. Upon receiving an offer from a potential buyer of your home, the lender reviews all of the information including seller’s financial profile and buyer’s qualifications and will either accept the buyer’s offer to allow escrow to open, or they may require more information for review. Upon acceptance by the lender, escrow proceeds as usual.

How Long does a Short Sale Take?

Short Sales vary in time based on many factors including obtaining an offer from a potential buyer, lender review of all documents prior to opening escrow, and the escrow process itself. They can typically vary from 3-6 months in length or longer.

I Received a Notice of Default. Is it Too Late for a Short Sale?

In many cases it is not too late. Unfortunately many lenders will not notify the homeowner of a Notice of Default until it is attached to their front door a few weeks before the foreclosure sale date. It is important to maintain contact with your lender if you are falling behind in your mortgage payments. In many cases a Notice of Default will be ordered when a homeowner is 90 days past due on their mortgage, however it can still be a few months before the house will go to auction. If you are 90 days past due and have not received any notifications of foreclosure from your lender, contact them to find out if they have filed a Notice of Default. Do not delay as this can seriously affect the outcome of your future!

In most cases however, even if you have received a Notice of Default from your lender it is not too late to short sell your property. Contact your Certified Distressed Property Expert immediately to have your questions answered and to have them help you stop the foreclosure sale of your property by the bank. Time is of the essence, but many times the bank sale can be delayed while you try to short sell your property.

Who Do I Contact For Short Sale Information?

Patrick Lopez is Broker/Owner of Keller Williams VIP Properties in Santa Clarita. They are one of the fastest growing Keller Williams franchise offices in company history. Patrick has been a licensed full-time Real Estate agent since 1989 and has experienced all aspects of the ever-changing market. As the real estate market is constantly evolving, Patrick feels it is important to choose a real estate team, which is constantly implementing the latest marketing and service techniques to successfully market and negotiate properties. 

Patrick Lopez & Associates goal is to fully satisfy their clients with first-rate service and help them realize the successful sale and/or purchase of their dream property. Patrick’s personal team offers an environment that includes industry leading technology and education to their clients. The end result…providing higher level of service and a strong win-win environment. Patrick Lopez & Associates is proud of their commitment to making sure their clients are among the best served in the Real Estate industry today.

Our agents are Pre-Foreclosure Specialists and Certified Distressed Property Experts® who have been trained to compassionately and discreetly help those in need who may be facing foreclosure. 

If you or someone you know may be facing foreclosure, or if you have questions about the short sale process, please contact Patrick Lopez and Associates. We’re here to help.

Learn more about how you can prevent foreclosure by going to http://411nod.com.

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17
Jun

From DSNews.com by Carrie Bay originally published 3-15-10

While delinquency rates in the United States continue to reach new highs, the pace of deterioration has slowed, Lender Processing Services said Monday. Still, the Florida-based analytics firm cautioned that the nation’s housing market remains far from a full recovery.

According to LPS’ latest Mortgage Monitor report, nearly 7.5 million loans are in some stage of delinquency or foreclosure, with an additional one million properties in REO or post-sale foreclosure.

Despite extraordinary loss mitigation efforts that resulted in the execution of approximately 2 million loan modifications over the last year-including the federal government’s Home Affordable Modification Program (HAMP) trial periods-LPS’ data shows that the number of new delinquencies exceeds the number of homes saved by 25 percent. Approximately 2.5 million loans that were current on January 1, 2009, were 60 or more days delinquent of in foreclosure by January 31, 2010.

The nation’s pool of problem loans continues to grow, but with loan mod reviews delaying resolution, the foreclosure pipeline has stagnated. According to LPS’ study, more than 31 percent of loans that have been delinquent for six months are not yet in foreclosure, while 22.8 percent of loans delinquent for 12 months have not been moved to foreclosure status. That final figure is up from 9.0 percent in 2008.

LPS also notes that older mortgages now make up a higher proportion of new delinquencies, as more loans experience repeat delinquencies. The average loan age of newly delinquent loans is now 46 months, as compared to an average newly delinquent loan age of 27 months in January 2007. During January 2010,LPS found that 346,000 borrowers became delinquent for the first time, representing approximately 40 percent of all newly delinquent loans for the month.

Nationwide, LPS’ data shows that the mortgage delinquency rate is 10.2 percent. Add to that the national foreclosure inventory rate of 3.3 percen, and it means that 13.5 percent of outstanding mortgages in the country aren’t current. That’s up from 13.3 percent reported in LPS’ previous study.

Based on LPS’ analysis, the states with the most non-current loans (combining foreclosures and delinquencies) are Florida, Nevada, Mississippi, Arizona, Georgia, California, Indiana, Illinois, Michigan and Ohio.

States with the fewest percentage of non-current loans include North Dakota, South Dakota, Alaska, Wyoming, Montana, Nebraska, Vermont, Colorado, Oregon and Washington.

Learn more about how you, or someone you know, can prevent foreclosure by going to http://411NOD.com. We are here to help! Our agents are Pre-Foreclosure Specialists and Certified Distressed Property Experts® who have been trained to compassionately and discreetly help those in need who may be facing foreclosure.

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16
Jun

Average timeline from Notice of Default until Foreclosure Sale

For many homeowners, the word “foreclosure” is very foreboding. It basically means that they will be forced to move out of their home, and it is without a doubt that anyone would purchase a house with the intent of losing it due to their inability to pay their mortgage. Unfortunately, this is happening more and more due to events beyond most homeowners’ control. Many borrowers simply do not understand the foreclosure process, or the rights afforded them under state and federal laws. The foreclosure process varies in every state and it is important that homeowners who may be facing foreclosure understand their local laws governing the process. The process varies mostly with regard to the reinstatement process, trustee sale timeline, and homeowner’s rights of recovery and redemption.

The actual foreclosure procedures vary little no matter where you live. Once you are in default of your loan agreement after becoming delinquent in your payments, the lender may begin the steps to recover their assets. This usually begins with the lender contacting the homeowner to ascertain why the mortgage payment has not been made (typically within 30 days of becoming delinquent). If the homeowner does not make arrangements or agree to make payments current, then the lender may take steps necessary to begin the foreclosure process.

This does not mean that the lender can take away your home simply because you are late on your mortgage payments. As discussed earlier, many states have enacted laws and provisions that lenders must follow to try and avoid foreclosure prior to filing an NOD (Notice of Default). Keeping in mind that processes may vary from state to state, a general timeline typically follows this example:

Day 1: Homeowner misses scheduled payment.

Day 16-30: Late charge is assessed on mortgage payment by lender. Lender attempts to contact homeowner to ascertain if payment was made, or find out why payment has not been made.

Day 45-60: Lender sends a ‘breach’ or ‘demand’ letter legally advising the homeowner of their contractual default. The letter will also typically include details regarding the delinquent account, late fees, and mortgage payment(s) owed. Lender may at this time attempt to initiate loan modification for qualified homeowners.

Day 60-90: Lender sends notice of default (NOD) via certified mail to homeowner. The NOD will provide a time period to which the homeowner must pay all past due amounts and collection costs and fees (where applicable) to bring loan current.

Day 90-105: Lender refers loan to loss mitigation and/or foreclosure department. In most cases, lender may attempt to obtain information from homeowner to see if they qualify for a loan modification if they have not done so previously. They may also attempt a loan workout or repayment plan with the homeowner to bring loan current. Or, they will refer your account to their foreclosure or legal department to begin initiating foreclosure proceedings.

Day 150-400: A Notice of Trustee sale is filed and the home is scheduled to be sold at auction. Time range for auction sale and homeowner right-of-redemption varies from state to state. Typically the lender will set the bidding price at the loan amount. If the home is not sold at auction the lender may legally repossess the home and it becomes a REO (Real Estate Owned) property.

The lender then may make another attempt to sell the home at auction or will list it for sale through an authorized real estate brokerage.

You may verify detailed foreclosure procedures for your state online by going to http://foreclosurelaw.org.

After the home is foreclosed: If still residing in the home, the homeowner has now become a tenant. Whether the bank now owns the property as Real Estate Owned, or if it was sold at auction, the new owner reserves the right to legally evict the former homeowner unless other written agreements are in place. As the former homeowner is considered a tenant, they are now an unlawful detainer; which means that they are in possession of real property without a right to do so. Such possession entitles the new owner to file a lawsuit for unlawful detainer, asking for possession by a court order through a legal action to evict the occupants. A landlord (or new owner) CANNOT forcibly evict a tenant without proper notice. The tenant must be served with court documents and have the right to appeal. In most cases tenant appeals will only prolong the eviction process for a short time unless they can somehow convince the court of their legal right to possession which, by the fact that they are no longer the owners of the property and have no other tenant agreement in place with the new owners, would be extremely rare. In most jurisdictions, once the landlord has filed the required paperwork, they will be granted a hearing on the unlawful detainer. Depending upon the outcome of the hearing, the tenant may be responsible for rent, attorney fees and costs, and any other penalties under the law. A writ may be issued by the judge to allow the tenants to move voluntarily. If the tenant refuses to move, they must be given notice that an eviction order has been issued. Most states give the tenant at least twenty four hours’ notice before the sheriff arrives to perform the actual eviction. Eviction laws and processes vary from state to state, but typically the eviction process can range from six weeks to six months.

Be aware that evictions may show up on resident screening reports used by many property management companies to determine a potential renter’s eligibility. Sometimes known as a “Renter’s Blacklist”, resident screening reports may prevent evicted tenants from being able to rent a home. It is best to voluntarily vacate the home upon foreclosure rather than wait to be evicted.

Facing foreclosure and experiencing the foreclosure process obviously puts a lot of stress and strain on the homeowner. In most cases, a homeowner’s financial hardship is temporary in nature, but the ramifications can have long-lasting negative consequences unless they are prepared and educated on how to protect themselves from losing their home.

Knowing and understanding your situation in detail may help you save your home from foreclosure and put your financial path back on track. 

Learn more about how you, or someone you know, can prevent foreclosure by going to http://411NOD.com. We are here to help! Our agents are Pre-Foreclosure Specialists and Certified Distressed Property Experts® who have been trained to compassionately and discreetly help those in need who may be facing foreclosure. 

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