Foreclosure Mills

Today the Associated Press released a story about David Stern, a Florida foreclosure lawyer who became one of the nation’s top foreclosure lawyers.

“The Florida attorney general‘s economic crimes division is investigating three law firms, including Stern’s, over allegations that they created fraudulent legal documents, gouged homeowners with inflated fees, steered business to companies they owned and filed foreclosures without [Read more...]

Fannie Mae, Freddie Mac, REO’s Indifferent to State Laws

As buyers actively pursue foreclosures in the country they may not be aware of certain statutes regarding the purchase of condominiums and/or properties located within a homeowners associations. In some instances condominium associations could be part of a homeowners association.

A prospective buyer should be sure the real estate agent they are selecting is aware of these statutes and be willing to obtain them in the case of a foreclosed property, when they are considering a purchase. [Read more...]

Granada Lakes – half a million dollars in past association dues

As prospective buyers run towards the purchase of less expensive condominiums in the Naples area – their attention has not been to the financial stability of the association. In other words they are running into condominium complexes that could be facing a financial distress situation. Warnings regarding the apartment to condominium complexes and their potential financial distress situations have taken place over several months, starting with the doubling of quarterly association fees of a North Naples condominium complex. [Read more...]

Short Sale – No Sale

Don’t blame the banks or lenders for not approving a potential short sale for every property! You just might blame the seller and the real estate agent. Buyers need to be aware of the facts before they waste their efforts and time on a transaction which is doomed even before the offer is made on the potential short sale property.

There are many property owners using potential short sales to find relief either from their financial distress situation, a loan with unfavorable terms or because they don’t want to pay on mortgage for a property which is worth far less than when they purchased it.

In many cases the potential short sale does not obtain an approval from the lender(s) or bank(s). Below is a great example of an active listings for a single home for sale in an above average development.

The home is listed for $259000. If a full price offer was accepted by the seller, the contract would be submitted to the lender or bank. There is only mortgage on the property in the amount of $496800 and another lien from the homeowners association for $3742 (not including legal fees, court costs and interest) as of the fourth quarter of 2008. The estimated additional sum for the first half of 2009 is $930. Based upon the aforementioned facts, if the lender approved the contract, the lender would receive the net proceeds (purchase price less closing costs) of about $236000, after paying for the closing costs and for the release of the homeowners association lien.

The estimated market value of the home is $384000, based upon comparable homes sold within the past three months.

If the lender or bank forecloses on the property, the foreclosure will wipe out the entire homeowners association lien against the property.

After the foreclosure, the lender or bank could put the home on the market (if still in good condition) for about $345000. An offer could be put in and accepted on the home for about $311000 – could be higher. The bank or lender would realize net proceeds from the sale of about $289000.

The difference between the potential short sale net proceeds ($236000) and the foreclosure sale net proceeds ($289000) is $53000.

Why would a lender or bank approve the short sale when foreclosing on the home would increase the bottom line by $53000?

Could this situation cause the lender or bank to accelerate their efforts to foreclosed on the property?

Most buyers are not aware of the complications of the potential short sale property and will waste their time and effort on such a property as discussed in the above example.

Sellers and their real estate agents need to work the numbers to ensure the lender or bank makes a decision to approve the short sale.

Short Sales – Income Tax Effect

Sellers of short sales often are not aware of the income tax effects of the short sale transaction and surprised to receive a form 1099-c.

Below is information for sellers of potential short sale transactions.

A short sale in real estate occurs when the outstanding loan against a property exceeds the market value of the property and the lender agrees to accept less than it is owed to permit the property to be sold.

The difference or shortage is an expense to the bank or lender and therefore becomes income to the individual(s) with the short sale. Put in simple terms – one’s expense is another’s income. [Read more...]

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