San Jose Real Estate * REALTOR ® * Richard Gonzalez

Hope Now and Making Home Affordable are federal agencies created to help consumers who are struggling with their mortgage payments.  The San Jose Convention center will be the location for this event this Thursday February 24th from 11:30am to 7:30pm.

Click here to download the flyer.

Related articles

• Mortgage assistance program questions answered (sfgate.com)
• Anti-Foreclosure Programs A Failure? (homeloans.org)
• Loan Mod Program Left Homeowners Fate in Hands of Dysfunctional Industry (propublica.org)

As we wind down the 2010 “Year of the Short Sale” the one area that continues to challenge sellers are second lien holders who ask sellers to commit to repayment of  the deficiency(Balance of unpaid loan).

Legal Warnings

The California Association of REALTORS attorneys continue to caution sellers who are being asked to wave their legal rights as a condition of second lien holders acceptance. Second lien holders may not have the ability to obtain a legal judgement against a seller who opts for foreclosure rather than moving forward with a short sale. The concern is that while there is currently no legal precedence in a non-recourse state like california for some of these second lien holders there is a concern that over time we will see a surge in collection efforts by attornies who buy these non performing notes.

Buy Your Freedom

Second lien holders are now asking for a 10% to 20% contribution from sellers who in most cases do not have the ability to pay their way out of this responsibility. Some of you may be thinking that you will just avoid paying and wait for the negative credit to fall off. The bad news is that a collection attorney has the ability to obtain a legal judgment against you and peruse you for fourteen years. Pay now or pay later.

Lesser of two Evils

Who would you rather negotiate with? The lender/servicer of your loan or a collection company. The answer is a no brainer, your servicer/lender will work with you. Collection companies add additional fees and penalties that can make any reasonable agreement difficult to negotiate. My recommendation is that you avoid letting your loan fall ninety days past due. Lenders/servicers are now closing loans and deferring them to collection companies. You may have to continue making payments on your second until you have a short sale approval in hand to prevent your loan from going to a collection company.

National Stabilization Program(NSP) Round 2

Santa Clara County has quietly become an example of a initiative to revitalize it’s housing market by injecting a twenty five million dollar grant into its neighborhoods. NSP2 dollars have been awarded by the Department of Housing and Urban Development (HUD) under the American Recovery and Reinvestment Act (ARRA) to targeted cities in an effort to fight blight in specific neighborhoods that could stall the housing recovery.

The second round follows on the heels of a first round that was rewarded last year and has since expired. The management of the funds is handled by the Housing Trust of Santa Clara County.

How NSP2 will be used in Santa Clara County

NSP2 will be used to provide up to 100 Purchase Assistance Loans to low and moderate income households buying foreclosed and abandoned properties within the designated area. Acquire and rehabilitate up to 105 bank- owned homes for resale to low and moderate income households. Twenty-five percent of the grant total ($6,250,000) will be reserved to assist households at or below 50 percent of area median income.

Target Areas in Santa Clara County

NSP2 dollars must be used in targeted census areas.

Download area map to see if you are buying in a neighborhood that is benefiting from NSP2.

Census Tracts-Council Districts

What are the requirements?

The Department of Real Estate has made a shift in their staff workload from licensing to fraud prevention and protection of the pubic. One of the areas that has become a priority has become short sales and how licensees are offering services to the public to deal with short sales.

Flipping Short Sales

A trend that has become an issue has been buyers who entice listing agents to submit their offers only to the lenders for approval.  The issue is with regard to agency(who the agent represents in the transaction) and it can create a legal problem with the listing agent and the homeowner. The banks want the best offer the market supports. Flippers are more likely to make an offer lower than a competing offer. This presents a problem for the homeowner and the listing agent. Homeowners must submit highest and best to protect themselves.

Negotiators must be licensed

The primary requirement for negotiating a short sale is that the individual performing the negotiation must be a licenced real estate Broker or a salesperson supervised by a broker. Sellers must verify the negotiators licence status on the DRE website dre.ca.gov.

Paying a Short Sale negotiation fee

A listing agent that requires the buyer or buyers agent to agree to pay a short Sale negotiation fee on behalf of the seller is in violation of real estate law. An update published in September goes into detail regarding this issue. ConsumerAlert_ShortSalesUpdate

The DRE has recently issued a consumer alert with the intent to assist homeowners navigate through the short process.

DRE_ConsumerAlert_ShortSales