July 1st 2011 was the the day we finally closed a 605 day short sale for a client who tried to modify and could not qualify. As a result the sellers decided to proceed with a short sale but for a multitude of reasons we ended up going through through six different buyers and a dozen price reductions.

August 2009 was a turbulent time with most banks as they began shifting their short sale servicing systems from fax based processing to uploading documents into a task based system. Bank of America began shifting to web based short sale submissions because they just could not keep up with lost paperwork, missing documents, and lack of support staff. Soon most banks began making their own shift to prevent the endless duplication of effort.

What I Learned and What You Should Know

Through all of this I decided it was important to share the five most important changes that prevented us from closing in less than six months instead of almost two years.

1. The buyer and their agent must be totally committed to the process by putting earnest money in escrow.

2. Always have a backup offer in case the buyer backs out.

3. Investors need to know that your agent knows the value of your neighborhood. Make sure your agent knows how to prepare a broker price opinion to support the value of the purchase contract.

4. Banks and investors are always changing guidelines and requirements for submission of short sale packets. I have a network of short sale specialists that check in with each other to stay on top of recent changes.

5. Sellers must be willing to be patient with the short sale process. The sellers of the property mentioned in this post experienced a roller coaster of emotions all the way to the very end.

The Moral of The Story

Change will always be part of the short sale process, it really has improved and the success rate continues to climb from 20% to 70%. There are too many details to document in one blog post. In short, the process has improved and it can and will continue to get better.

Foreclosure Filings* have dropped over since February as shown by the Notice of Sale indicator down 32% from the previous year.

06085 – Foreclosure Outcomes

Foreclosure Outcomes* show cancellations are way up over the previous year possibly fueled by successful short sales. My own experience tells me that modifications made up a very small percentage of these cancellations. REO indicator also shows that properties are not going back to bank compared to the previous year again fueling my thought that properties are having success in short sale and modification attempts.

06085 – Foreclosure Inventories

2011 Foreclosure Inventories* have stayed steady with a steady drop in scheduled sale dates possibly fueled by modifications or short sales.

06085 – Time to Foreclose

Foreclosure Timeframes*
The interesting fact about this chart is how many months it’s taking for a bank to foreclose compared to the previous year there are clear signs that banks are moving though the foreclosure process much faster 5.97% compared to 21.66% from the previous year.

*Foreclosureradar.com

Related articles

• Santa Clara County Foreclosures, Bank Owned Homes, Short Sales (foreclosureradar.com)

Wachovia has announced they will no longer postpone a foreclosure sale date once it has been set. This directly affects our ability to assist our clients if they decide to short sale in lieu of foreclosure.

What this means to sellers

Procrastination will have dire consequences on sellers who wait until the last minute(less than two weeks) to put their house on the market as a short sale. We obviously understand that sellers want to exhaust all options before considering a short sale including a modification. Sellers should make a decision to sell no later than the filing of a notice of default on their home if the want to have the best chance of a successful short sale.

What this means to buyers

Buyers must be ready to close fast. In a recent listing I had ten offers on a home, a third of the offers were using a loan product that required a forty five day escrow. On the other hand there were other offers that were all cash or conventional(5% down payment or more). If you are considering buying a short sale you should look at the possibility that you may be asked to close in less than thirty days otherwise your chances of the seller accepting your offer are slim. Sellers are under extreme pressure to perform and as such are looking for a quick close from a committed buyer.

Other lenders are following this trend

My sources tell me we are seeing a trend and there is rumor that Bank of America is considering eliminating short sale extensions. I experienced this with Household Finance(HFC), my negotiator emphasised that there would be no extension on a short sale approval and that a sale date was set for the day after the expiration of the sort sale approval. Our seller decided to accept an offer form a buyer who was able to close in twenty one days.

Adjust your expectations or they will be adjusted for you

Short sales continue to evolve and we continue to see changes to the way servicers and investors manage properties in default. It’s clear we are witnessing a shift  in the flexibility we will receive when it comes to negotiating with servicers and investors and it appears as though they are now willing to cut there losses and move on.

Today the banks who signed on for HAMP in 2009 have agreed to increase their participation in HAFA(Housing Affordable Foreclosure Alternatives) an extension of HAMP that provides incentives for banks and servicers to streamline the Short Sale process.

Banks and HAFA

Bank of America for instance partnered with equator.com in November  to decrease the short sale approval timelines from 6 months to 45 days  to conform to the HAFA guidelines. Other lenders Like Wells Fargo are able to approve  23% of the Short Sales they service in 10 days.

What is HAFA?

HAFA will continue to evolve as banks and servicers adopt and implement HAFA rules and guidelines. In the mean time home owners can visit www.whatishafa.org to determine if they qualify for HAFA.

Until November of 2009 Bank of America / Countrywide short sales were difficult to navigate and a communication challenge to say the least. Our average time to receive an approval ranged from four to six months. As a result Bank of America created a partnership with equator.com thus reducing the short sale approval timeline from 6 months to 45 days.  For this reason and because there continues to be confusion with the process I decided to provide 3 steps to successfully initiate a B of A short sale and navigate through this new system.

One small task at a time

Step 1 . Listing agent must Register on equator.com  once your REALTOR has informed B or A that you are short selling your home. B of A will then assign the short sale to your REALTOR in the equator.com system. Your REALTOR will then upload a laundry list of documents one task at a time. Tasks are the basic process initiated by B of A to ask for the necessary documents needed to start the short sale. Your REALTOR will be asked to upload the following:

• Purchase contract
• MLS information
• Buyer Pre-qualification including social security numbers
• Picture of home
• Authorization from seller to allow REALTOR to talk to B of A

Step 2. Seller needs to notify B of A that they want to start a short sale. equator.com will provide a password to the seller and the seller must have an email address of their own to access the system.

Step 3. Seller must upload independent of each other (one task at a time) the following documents.

• 2 yrs tax returns
• 2 months bank statements
• Pay stubs for the last 30 days
• Hardship letter
• Financial statement

Challenges:

• There are still many people who don’t have an email address or are not comfortable uploading documents into the system.
• Sellers will get blocked out of the system if they have too many failed attempts at accessing with an incorrect password(it happens all the time).
• Sellers must respond as quickly as possible when given tasks. Failure to do so will slow the process down and may stall the process until requested documents are uploaded.

Goal:

Once B of A receives the information they will begin processing your short sale. 2010 is primarily expected to be a short sale year as banks begin to develop new processes to handle the paperwork involved.  Knowing what to expect and being prepared is key when navigating the B of A short sale system.

Buying a Silicon Valley home in 2010 can be a challenge but if it’s on your list of resolutions then here are a few tips that you should know to prevent you from falling off the wagon during the process.

Short Sales

The buzz of the 2010 real estate industry is Short Sales. I attended a hand full of conferences last year and short sales were the topic of discussion on everyone’s mind including all the major banks and asset managers of REO properties.

In November Bank of America / Countrywide for instance partnered with equator.com a REO management tool used by REALTORS and asset managers to handle the sales of foreclosed properties. The management system is a task based system that helps to speed the processing of REO’s and now short sales beginning with Bank of America.

Equator.com has now begun to reduce B of A’s timeline for short sale approvals from six months to 45 days. Lightning fast by our experience negotiating short sales with Bank of America over the past two years. This trend will continue as investors look for ways to streamline the slow daunting process we have grown accustomed to in a short sale.

TIP: Short sale buyers should always investigate who the note holder is before making an offer. Knowing who the note holder is will help set your expected timeline for a successful close of escrow. Wachovia short sales are lightning fast because they own the loans and have decision makers in every county. Others like WAMU can be a challenge to say the least and are currently taking up to 5 months for a short sale approval once you are in contract.

REO

Inventory levels are very low but there may be a significant influx of REO properties from shadow inventory that banks are apparently holding. Some even continue to speculate that we will have a tsunami of inventory hit the market based on data from the Royal Bank of Scotland that shows over 3 million home owners 90 days past due and half of them are in foreclosure.

The reality is that the Silicon Valley will not likely see a large influx as a result of this inventory. Most of it is centered around the conforming $417,000 and lower price range. Waiting for REO’s to fill the void in Silicon Valley may keep a buyer on the sidelines for most of if not all of 2010.

TIP: A FHA 203k loan is an excellent loan that includes the cost to repair and remodel a REO home. It really is a great product and should be your primary loan option if you are intent on purchasing an REO home. 203k loans are great negotiation tools because the seller only has to repair health and safety issues leaving you room to negotiate while most other buyers are unable to participate.

Presentation of your offer

I recently listed and sold a home in Gilroy and received 40 offers on the home. During the process of evaluating the offers with the sellers I did my best to help the buyers agents in presenting their offers in hopes of giving every buyer an opportunity . What I realized is that merly making an offer is not enough and helped me make important adjustments in the way I submit offers.

Your offer should always have the following additional information:

• Pre-Approval letter – Preferably from a well known financial institution or an approval from your mortgage broker with the lenders name that you intend to use. If possible a conditional approval would be better but some lenders will not provide that unless you are in contract.
• Proof of funds to close – It’s critical to show the seller and the listing agent that you have the financial means to close escrow.
• A cover letter to the sellers – A letter with a picture of your family introducing yourself and telling them how much you love their home and will continue to give it the love they did. Provide details about your appreciation of the sellers upgrades and if possible any similarities that you may have with the sellers(kids, job industry, neighbor relationships, ect.)
• Comparable sales - Have  your REALTOR provide a list of three sold and pending comparables to make your case why your offer should be considered. Firing off low ball or high offers to a seller will most likely put your offer on the rejected pile because you submitted an offer with a purchase price that will not appraise.

TIP: Communication between your REALTOR and the listing agent is essential. Establishing a relationship with the listing agent is critical and can increase your chances of successfully negotiating with a seller.

Most buyers are taking up to a year to get into a home. Don’t be discouraged if you are still looking in September, the persistent buyer always finds a home.

Happy New Year and happy hunting for your home in 2010.

I continue to have more luck getting buyers into Short Sales than REO properties and have now come up with a strategy to increase our buyer’s chances of getting a home in this inventory drought.

One of the key factors of our success rate is due to the packaging of our offers. Buyers who have been at this for months will tell you that frustration begins to set in ultimately creating a routine of hit and run. Make an offer and run to the next listing if your offer was not accepted.

Follow up is everything

Short Sales in past months were challenging to say the least because of the lack of communication with banks and investors who own the loans. The secret is in the follow up.  Our chances of getting our clients into a home increase dramatically if we simply follow up with the listing agent every couple of weeks though the Short Sale process.

You wouldn’t believe how many times Short Sale negotiations fall apart between buyer and seller just when a transaction is at the point of approval from the bank to proceed with a sale. This is where we have to be ready to jump in with our buyers. Having a backup offer can be just as successful as being in first position.

REO Nightmares

REO (Bank Owned) is an attractive option to a buyer especially in the affordable areas but it’s an arena filled with cash buyers and aggressive overbids. I caution buyers who tread into this environment.

There are good deals out there but there is also a huge unknown when buying REO properties. Banks have no knowledge of the property and as such are exempt from providing Transfer Disclosure Statement (TDS). TDS information can make or break a purchase; it discloses anything affecting the desirability of the property including its surroundings. Do you want to buy a property blindly? In REO most people are doing just that.

Short Sale vs. REO

I will always ask our buyers to consider Short Sales over REO simple because there is a higher probability of success when making offers in a highly competitive market.

With so many bills and laws that have passed it almost seems like a full time job keeping up with all the changes. I read a recent article in the SF Gate web site I thought would help to make sense of it all. Here is an except.

10 day approval? Yes that’s what I said and for those homeowners lucky enough to have a Wachovia loan( aka World Savings) a short sale approval is possible within a few weeks time. Wachovia is able to do this mainly because they own the loans vs having to service them for investors.

What makes this more incredible is that each county has a short sale negotiator who is proactive in the approval process.  Wachovia makes its decisions on a case by case hardship a homeowner is facing. The goal is to offer a fast track process to the homeowner once it has been determined that all other options have been exhausted including the possibility of a loan modification.

Requirements for a Wachovia Short Sale Approval

1. Homeowner must have a true hardship (loss of income, job loss, medical, family, etc….). Provide required documentation to support your hardship. Taxes, bank statements, and pay stubs must be submitted to the negotiator.
2. Communication  is key! Most homeowners in this situation are embarrassed at the possibility of facing foreclosure that they stop answering the phone or opening mail. You must be willing to communicate with the lender to help yourself with this situation.
3. Work with a REALTOR who knows how the Wachovia process works. This will help the homeowner reach a timely agreement with Wachovia and help facilitate an open channel of communication with the short sale negotiator.

Wachovia’s short sale fast track is incredibly fast in comparison to the other banks and servicers who can take up to 90 days to approve a short sale. Talk to a Loss Mitigation Representative  to find out more and to explore your options.

(866) 642-8608

8:00 am-5:30 pm Monday-Thursday 8:30 am-4:00 pm Friday.

Real Estate Relationships are Key in a Hot Market

Buyers experiencing a HOT market in our area continue to deal with one frustration after another as they wage a bidding war on the low inventory we are currently experiencing.

Within all of this chaos I have developed a relationship building approach both as a listing agent and with other listing agents. I have to know that the other REALTOR is willing to work as hard as I am prior to reviewing or submitting an offer.

For example; say you want to make an offer and there are multiple offers involved. The strategy I tend to take is to make sure I package the offer in such a way that the listing agent can see that I understand the way a Bank Asset manager or a Short Sale Negotiator prefers to see an offer.

The key is to understand the inner workings of the submission process to a Bank and as such covey to the decision maker that I am well versed in this process. Its not surprising to have a listing agent pass on a offer because of the way it was presented.

I have had more success by focusing on how I have package an offer and communicated with the other agent.