27
Oct
09

homebuyer tax credit

k1877098Spurred by an $8,000 federal tax credit for first-time homebuyers, first time homebuyers or buyers who have not owned a home for the past 3 years have been entering the market in droves to take advantage of the program. Nationwide home resales in September recorded the largest monthly increase in 26 years as buyers rushed to complete their purchases before the tax credit expires on Nov. 30.

Sales jumped 9.4 percent to a seasonally adjusted annual rate of 5.57 million last month from a downwardly revised pace of 5.1 million in August, the National Association of Realtors reported Friday. The association says the first-time homebuyer tax credit program has generated an extra 355,000 home sales. Prices, however, continue to be dragged down by foreclosures and short sales, where the mortgage exceeds the sales price. The nation’s median price last month was $174,900, down almost 9 percent from $191,200 a year earlier, and slightly lower than August’s median of $177,300.

Representative Kurt Schrader, Democrat from Oregon, and Representative Steve Driehaus, Democrat from Ohio, have co-sponsored a bill, H.R. 3842, that would amend the Internal Revenue Code of 1986 to extend the first time homebuyer tax credit.  The current first time homebuyer credit is set to expire on December 1st, 2009. Schrader’s bill would do two crucial things:

  • The program would be extended to October 1st, 2010,
  • Homes purchased “after 2008,” rather than “in 2009″ would be eligible.

There is also one other important change, you could treat the purchase of a home after December 31st, 2009 and before October 1st, 2010 as occurring on December 31st, 2009 for tax purposes. In other words, if you bought the house in 2010, you could take the credit on your 2009 tax return.

Call you representatives and urge them to support this bill.

Karen Sothoron

970-690-8680

http://www.KarenSothoron.com

 

20
Oct
09

Home price stabilization

k2195925If we thought home prices were leveling out, we may be wrong. In fact, many analysts expect prices to drop even more. The latest forecasts are at odds with the S&P/Case-Shiller Home Price index. The S&P/C-S index had given hope that most housing markets have already stabilized. Nationally, it found that home prices had actually gained 3.6%. Unfortunately, this is just a temporary anomaly. The tax credit for first-time home buyers helped support prices over the past few months but this is, by no means, a solid indicator of recovery.

According to an article published by Fiserv, a financial information and analysis firm, a new wave of foreclosures will be coming from higher priced loans and prime mortgages as the job market continues to weaken. Home values are predicted to drop in 342 out of 381 national markets during the next year. Overall, the national median home price is predicted to drop 11.3% by June 30, 2010. On the flip side, the firm anticipates some stabilization with prices actually rising around 3% in 2011.

This, of course is all dependent upon the Obama Administration and whether or not they will expand and/or extend the tax credit.

If you find yourself facing foreclosure, call me. I can help. Visit http://www.R-U-Upsidedown.com for a FREE report.

20
Oct
09

how did we get here?

j0439591This article helps clarify what happened to our economy:

http://www.entrepreneur.com/tradejournals/article/195658952_3.html

19
Oct
09

Forensic Loan Audits are still in their infancy

images baby 2Few attorneys know how to handle them. I’m just beginning to look into the process. Here are some of my latest findings:

One topic that I haven’t seen addressed regarding forensic loan audits is the legal principal of ‘holder in due course’. When one lender purchases a loan from another lender, which is the case with the majority of loans, the new lender becomes the ‘holder in due course’. The lender that becomes ‘holder in due course’ is apparently NOT held accountable for the violations of the original lender. There are a few exceptions to this rule, but it appears as though many ‘violations’ provide NO REMEDY for the borrower. The cases that may provide remedy are those refinances and HELOCs that are still within three years of origination. Those are potentially subject to a three year rescission even if the error is small.

If you are considering a forensic loan audit be sure to educate yourself on the subject. Spend time studying.

Call me if you have any information on this topic or just want to explore the issue with me. I can be reached at (970) 690-8680.

If you are looking for alternatives to foreclosure visit http://www.R-U-Upsidedown.com

18
Oct
09

did you known…

bills2_cDid you know that in certain mortgage loan transactions, a mistake in disclosure on the part of the lender may extend the recission period 3 years beyond the initial 3 day recission period! Think about it; this means that the borrower has the funds but might be able to reject the loan at any time during the recission period, if a mistake has been made. For instance, if a borrower discovers a relatively small mistake of non-disclosure in the loan documents and other records pertaining to the loan the borrower may be able to file a successful recission claim if done so within the extended time frame. Futhermore, the liability for a lender’s mistake can pass through to an assignee!

As more and more peolpe get squeezed by this economy, borrower’s are looking far and wide for solutions. Many are seeking help from companies who perform forensic loan reviews. There are many scam operations out there, companies who want considerable compensation up front with not much in return. So be wary and ask a lot of questions. Find out if you can have a sample report to review. Ask if the company will check your loan documents against the Truth in Lending Act Tolerances, Regulation Z – Right of Recission guidelines, Real Estate Settlement and Procedures Act (RESPA) requirements, HOEPA - Home Ownership Equity Protection Act (Section 32) rules, applicable State/County/City regulations pertaining to High Cost/Predatory lending practices and compliance with State Consumer Credit requirements.

If you have any more questions about this topic give me a call at (970) 690-8680. I have a pretty good sample report, from a company that some lenders are currently using to make sure they are in compliance as they move forward.

Also, you can find more alternatives to foreclosure at http://www.R-U-Upsidedown.com

15
Oct
09

cdpe

HUMN_09CWith the Mortgage Bankers Association’s (MBA) recent release of its National Delinquency Survey, the Distressed Property Institute sees continued difficulty for the residential real estate market.

Despite the best efforts of bank and government initiatives, the reality is that an increasing number of homeowners are going into foreclosure. We’re seeing record increases reported in foreclosures and delinquencies across the country.

The MBA survey reported that the combined percentage of loans in foreclosure and at least one payment past due, meaning the percentage of mortgage holders not current on their mortgages, was 12.07 percent on a non-seasonally adjusted basis. Additionally, the seasonally adjusted delinquency and foreclosure rate for subprime loans was reported to be 39.29 percent.

Distressed properties are no longer a niche within the market; today they are the market. The figures published by the MBA show continuing challenges across all mortgage categories, not merely the subprime. These statistics, combined with a climbing unemployment rate, make a strong argument for a continuing, increasing trend in delinquencies and foreclosures.

Graduates of the Institute’s training receive the Certified Distressed Property Expert® (CDPE) Designation. With more than 8,000 designees nationwide, CDPE is the fastest growing designation in real estate industry history.

About the Distressed Property Institute, LLC
The Distressed Property Institute trains real estate professionals to engage with and assist homeowners facing hardships. The Institute has developed a curriculum to provide the tools and knowledge to handle distressed properties, including short sales, deeds-in-lieu, mortgage modifications, forbearance, refinances, reinstatements and, if that fails, how to help homeowners through the foreclosure process. After completing a comprehensive on-site or online course, graduates are awarded the Certified Distressed Property Expert® (CDPE) Designation.

About the CDPE Designation
The CDPE Designation provides real estate industry professionals with detailed information on how to engage with and assist homeowners in distress. With more than 7,500 professionals trained across the United States, the CDPE is one of the fastest growing designations in real estate industry history. The CDPE designation has been endorsed by major U.S. brokerages and industry trainers.
For more information, visit www.R-U-Upsidedown.com or call me at (970) 690-8680.

14
Oct
09

loan mod

house 3Treasury Secretary Timothy Geithner has announced that half a million American families have participated or are currently participating in the home loan modification program put in place by the administration. However, the complexity of the paperwork required to modify a loan, the rising unemployment and depressed home prices, may conspire against many homeowners.

The Mortgage Brokers Association (MBA) is looking to create a think tank of people whose mission will be to find new and creative ways to overcome the challenges that the next wave of foreclosures will present.

One of the biggest challenges faced by those attempting to modify loans is the massive amount of paperwork borrowers must complete. In about 99 percent of the cases, the packages come back missing documentation or with some kind of error. It’s critical to be in touch with the servicer to find out what documents are required of the homeowner. This rule applies to short sales too. 50 percent of borrowers facing foreclosure have not had contact with or talked to their loan servicer.

The problem is expected to get worse before it gets better. The MBA expects unemployment to keep going up until the middle of next summer, with delinquencies to follow and foreclosures going up through the latter part of 2010.

If you need help or just want to find out what your options are, call me at (970) 690-8680 or visit my website for a FREE report http://www.R-U-Upsidedown.com .

05
Oct
09

How do I qualify for a mortgage modification?

j0440988The first call you make should be to your lender, have the following information ready to discuss with them and call your customer service line to ask them what options you have available. You will need:

  • Information about your first mortgage, such as your monthly mortgage statement
  • Information about any second mortgage or home equity line of credit on the house
  • Account balances and minimum monthly payments due on all of your credit cards
  • Account balances and monthly payments on all your other debts such as student loans and car loans
  • Your most recent income tax return
  • Information about your savings and other assets
  • Information about the monthly gross (before tax) income of your household, including recent pay stubs if you receive them or documentation of income you receive from other sources
  • If the person you speak with does not understand what you are asking, you can ask to be referred to one of the following departments (different lenders have different names for these departments):

    Loss Mitigation
    Mortgage Modification
    H.O.P.E.
    Prior to contacting your mortgage lender you can quickly complete an eligibility test at  www.MakingHomeAffordable.gov.  This test will let you know if you are eligible for a modification through the government-sponsored Home Affordability and Stability Program (HASP). For a list of mortgage lenders and servicers, visit  www.HopeNow.org .

    Feel free to call me (970) 690-8680 or visit my website www.R-U-UpsideDown.com for more information.

    - Karen

    02
    Oct
    09

    you are not alone

    AN0245Chances are, you or someone you know in Northern Colorado is facing the possibility of foreclosure. But you need to understand that you are not alone and that it’s important for you to learn the nuts and bolts of foreclosure vs short sale.

    Today, 1 out of every 10 homeowners in America is behind on mortgage payments. These are tough and frustrating times. Now more than ever, it’s important to identify your options. Foreclosure can be avoided, your credit can be saved, and your financial future can be salvaged.

    Through my experience handling distressed properties at Keller Williams Realty of Northern Colorado, I’ve found that homeowners today have more questions than answers about their circumstances. I have created a website http://www.R-U-UpsideDown.com to help you understand the possible solutions to foreclosure, as well as provide a detailed explanation of short sales, which may be the best course of action for some homeowners.

    When you visit the site please notice that I’m offering you a FREE Report to explain your options and help you decide on a course of action. The idea of losing a home can be overwhelming, and I feel it is vital for you to have all the facts necessary to make an informed decision.

    As an agent with the CDPE® Designation, I have a strong and unique appreciation of the factors affecting the market, and know that there are options available to you.

    If you would like to know more about your options, please call me at 970-690-8680.

    I am here to help … in any way I can.

    Karen Sothoron, CDPEAdvanced, CREO, CRS

    01
    Oct
    09

    Do You qualify for a short sale?

    j0395769The qualifications for a short sale include any or all of the following:

    1.) Financial Hardship – There is a situation causing you to have trouble affording your mortgage.
    2.) Monthly Income Shortfall – In other words: “You have more month than money.” A lender will want to see that you cannot afford, or soon will not be able to afford your mortgage.
    3.) Insolvency – The lender will want to see that you do not have significant liquid assets that would allow you to pay down your mortgage.

    To learn more go to http://www.R-U-UpsideDown.com