Seasoning

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I know.  It seems like an oxymoron.

  • Necessary and attorney
  • Reasons For an attorney

All in the same sentence.

Very scarry and I hope you haven’t stopped reading because you think I’m on drugs or something.  I’m not, really.  And it’s too early for a glass of dry red wine.

However, it is 5 o’clock….nevermind.

Back to the attorney thing.  I actually met one who might be worth his weight in gold.  Wait before you doubt me.

He represents homeowners who are losing their house.  He actually goes to court and represents them when necessary.  He does loan mods for them.

He does seem to understand that HAFA and HAMP is a bad idea

The cool thing was he had a great idea to confirm no deficiency jusdgement after the sale almost no matter what the acceptance letter said.

On attorney letterhead, have the attorney write back to the bank that twe are confirming their belief to this letter means the bank will revmove the lien from the property and not now or ever come after the homeowner the unpaid balance of the loan.  That this letter says paid in full and no more money is due ever on this loan.

OK, see why an attorney should write it?  It needs to be in legal ease – but the point is, if the bank doesn’t respond and say oh no that’s not what we meant, it is a binding contract.  And you take the signed copy (signed by the homeowner) and record it with all the closing docs.  Deed, etc.  So it is there for future debt collectors to see!

See, an attorney who gets it!

For $200 he’ll do a document review making sure everything isin place and write this letter to the bank.

This makes an attorney (one who gets it, of course) an important part of your team.

Call me, I’ll share his name and number!

Deb McMillan

The Short Sale Queen® and Coach

Always looking for better, smarter ways to get short sales done better!

www.shortsalequeen.com

Saturday afternoon and evening I spent my time at a wedding reception.

This was no ordinary wedding reception.  The wedding was 3 weeks earlier and in Gatlinburg, TN.  And I wasn’t there.

But I was invited to the reception.  It was an outdoor picnic with family and friends. – Approximately 60 or so.

And who was the Groom?  None other than a family friend.  And what is his job by day?  A loss mitigator for a bank I can’t name.

Yep, a Loss Mitigator.

  • One of those guys who you try and try to get on the phone to negotiate DOWN their offer.
  • One of those guys who normally, you can’t get to answer the phone when you really need them.
  • One of those guys who hold the keys to the kingdom to how the banks really work and can get your deal to the decision makes.

Not to worry.  The gift for the bride and groom was appropriate and memorable. :) :)

Stayed tuned and see if there are any “information updates” from smoozing with family friends!

Deb McMillan

The Short Sale Queen® and Coach

www.shortsalequeen.com

Get Free Tips and techinique at

www.BestShortSaleCourse.com

www.MyShortSaleTraining.com

So – yesterday we talked about the problem.  Freddie – Fraud on Short Payoffs, no Disclosure .

Wasn’t it interesting that the article didn’t talk about what penalties there might be for no disclosure or reselling at a higher price without informing the short sale lender.

Does this make it so it is not a law or have any chance of becoming law?  The article did give “Fraud tips” and where to call if you believe there is fraud.

Click here for the Freddie Mac newsletter article.

But no wording on the repercussions if the house was resold for more and the lender wasn’t informed.

Who does decide what a “better price” is?

Is $100,000 net to the short sale lender, cash and close today better than $105,000 with $2,000 closing costs and have to wait to be approved for financing?  And who makes that decision?

And if the $105,000 comes as you are walking into the title co. to close, are we to stop the closing, call the bank and “report” the higher offer? Or do we just go to Freddie Mac Real Estate H-E double hockey sticks, do not pass GO and do not collect our profit at the other end – because there were no rules to follow.

As you can see, higher may not be better – but who decides?

Best I can tell is if it can close NOW and stop the bleeding it is the better offer.  Will my lawyer agree?  Will Freddie Mac agree?  Will the short sale lender agree if it all comes down to a court case to decide?

Obviously I don’t want to be the one to fight that battle.  However, I will continue to do business in the short sale arena.  The harder it gets the less competition it will be so maybe the profits (at appraised value, of course) will be better.  Can’t blame a girl for trying.

So what is the solution?

Glad you ask.

I and my students currently have a Short Sale Addendum that we give to most C Buyer realtors.  I will be updating it with some phrase like “the short sale bank has been informed of the B buyers intention to resell for a profit” and give it to ALL C Buyers/Realtors.  But I’ll run it past my attorney’s first.

I’ll also include an updated ‘disclosure’ statement in my Option Contract – to be run past my attorney first.  More disclosure seems to be the order of the day.

And was the Freddie Mac newsletter even talking to us who are already disclosuing what we are doing?  Maybe not.  Maybe it was aimed at those who don’t disclosure.  So disclosing more can only be a good thing.

So for Freddie’s sake – stop the omission of fact, intention of deceit – lying about the sellers situation or hardship and stop the material misrepresentation of facts.   I really don’t believe if you are reading my blog, that you do this in the first place.  I just get tired of defending the people who are doing it the right way in the first place.

Again – if you feel good about what you are doing – helping people who are in foreclosure and giving them an opportunity to start over with a cleaner financial slate, and you are NOT taking advantage of people – You are doing the right thing, the ethical thing.  What we do is not unethical if do those things above.  If your seller is happy when the job is complete – you are doing the right thing in my book!

Here’s to your short sale financial success!

Deb McMillan
Short Sale Queen® and Coach
www.shortsalequeen.com

for more tips and coaching and daily info on short sales check out these links:

Short Sale Tips

The Best TRaining for Short Sales AnyWhere!

Great Coaching too!

and a Great Easy to Read Guide to Short Sales and Recession Proof Real Estate Investing Click here!

Freddie Mac and Short Payoff Fraud

Freddie is at it again and hopefully the other government agencies will NOT follow suit.

On Friday, April 16, 2010, in a Freddie Mac newsletter, a Freddie Mac investigator wrote an article accusing A-B B-C (double closes)  – the kind we’ve been doing and I’ve been teaching and am proud to teach because it is Disclosure, Disclosure, Disclosure – of being fraud.

They are stating that if they are not told there is another offer on the property at a higher price – that constitutes fraud.

They also state if the seller is walking away from the house and they really can afford to make the payments – that is fraud.

Realtors, of course, are believing that any same day double close is now fraudulent – because it gets the investors out of the way.

Current Business
In the Option Contracts we have been using for over 2 years, we have always used DISCLOSURE.  It has always been included.  That was their purpose.  That was the reason they were used in the first place was to tell all parties exactly what was taking place in the transaction.

The problem was the short sale lender had to read the contract.

The days of buying short sales through a Trust which didn’t have any language in it about ‘reselling the property for a profit” were changed for this exact reason.

Transactional lenders  (borrowing money for 1 day to fund separately the first transaction) so the C buyer’s cash paid NOTHING toward the first transaction – were created.

Many steps were taken to avoid the accusation of Fraud.

Even on February 1, 2010, FHA WAIVED the 90 day seasoning rule.  So they must have seen many buyers/investors were doing ligitmate transactions, helped the economy, and made it a little bit easier to close deals and keep houses from being empty and going through foreclosure.

Does this investigator really speak for all of Freddie Mac?

Ya – unfortunately he probably does.  I won’t be so naive as to think they don’t want more money for their agency and to remove the bad name on their head either.

Will they issue something else to counteract this newsletter?  I sure hope so.

Let’s look at Attachment A from Freddie – an official statement.  “Best Practices for Loans involving Possible property Flips”

Paragraph 2 “Property flips are not inherently illegal and not all transactions involving a rapid purchase and resale are improper.  Legitimate property flips are acceptable transactions that may be legitimate include:

Point #5  Sale of properties that the property seller acquired at or below market value after purchasing as a result of a distress sale (i.e. REO sale, short sale, tax lien sale, bankruptcy trustee’s sale, etc), where any increase in the sales price over the property seller’s acquisition cost can be clearly shown to be a result of the difference (if any) in the market’s reaction to distress sales and typical arms-length market sales”

That being said, when people/buyers hear that the house is in foreclosure, don’t they want to buy it at a DEEP discount?  Once it is out of foreclosure, bankruptcy, etc. it’s value increases because the “distressed” situation has been resolved.  That is the market reaction!  We can sell it for more.

The banks do see the contract – whether they read it or not.  However, they can see when the “B” buyer is a “LLC” it says an investor is buying the property and most likely reselling.  (not enough for Disclosure – but certainly a clue what will happen with the property after closing.  Banks have even told me this!

So what is the solution?

Stay tuned for the next Blog.  I don’t want to bore you now and you stop reading!  For more tips Click here!

Deb McMillan

The Short Sale Queen and Coach

www.shortsalequeen.com for more in coaching and the latest on the goofyness of the feds and the Solutions!

Did I mention in my last blog that the lady who is setting me up to complete this FHA same day double close as long as

1. I have two sets of fund (yes, of course) and
2. the house gets two appraisals at the higher number

that she can do loans – FHA loans – in 42 states across the country?

Stay tuned here! One to ensure it can and does get complete the way we want it to (short sale pre foreclosure deals) and

Two that you’ll get her name to complete the same deal in your state and buy dirt cheap houses!

She is rapidly getting her license in the last eight states so almost no matter where you live, you two will be able to do a FHA Same Day Double Close!  Courtesy of…

Deb McMillan
The Short Sale Queen® and Coach

For more information check out my coaching Click Here

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