Perrysburg Blog

If not – be thankful.  Smile.  Relax.

But not everyone can do that.

I help a lot of Perrysburg homeowners who owe more to the bank than their home will sell/appraise for – that being the definition of “underwater” real estate.

And in an earlier blog post I mentioned that the short sale / loan modification freight train was going of the tracks on 1/1/2013 unless the US Congress did something.

They did something.

If you have been considering a short sale for your home, you’ll be excited to know that the Mortgage Forgiveness Debt Relief Act of 2007 was extended through the end of 2013.

As short sales have represented a large sector in the housing market of late, the extension is seen by many as key to a continued recovering housing market. According to the U.S. Foreclosure & Short Sales Report™ complied by RealtyTrac, the last quarter of 2012, showed short sales as representing 19 percent of residential home sales in the United States. See the full report by clicking here.

According to RealtyTrac Vice President Daren Blomquist, the increase in short sales and distressed properties showed that “both lenders and at-risk homeowners are realizing that short sales are often a better alternative than foreclosure.” Blomquist went on to explain that had the Mortgage Forgiveness Debt Relief Act expired, homeowners would have seen their income tax increase since the unpaid loan balance created by the short sale would have been considered taxable income for many home sellers.

With this recent extension, if you are a home owner interested in a short sale for your home, you now have until December 31, 2013 to benefit from the reduced taxes provided by Mortgage Forgiveness Debt Relief Act.

What happens then – no man knows.

But the tax forgiveness part of this process is vital.

And the new extension makes short selling and loan modifying viable for 43551 homeowners for 12 more months.  

I have 2 Perrysburg short sales ready to close by the end of January – and I am very thankful that I don’t have to tell them to abandon the process – because not one underwater homeowner that I know in Perrysburg is going to pay a tax on the “gain” of short selling their home or modifying their loan.

It’s true.

Many, many things can go wrong with your loan when you purchase a house.

I am watching the roofers from Holt Roofing tear off and install a new roof today on my Perrysburg office.   They all wear harnesses and safety ropes.  Because what possibly may go wrong often really happens.

And I don’t want to be Pollyannaish  when clients are getting ready to purchase a home.   I would rather tell you up front all of the things that MAY go wrong – so that when they do we are ready and have a plan or a procedure in place to ameliorate the bad things – turning them into little tiny speed bumps that we can roll over.

Hence this video:

According to this report . . . YES.

That will be great news.

I am however reminded of Mr. Reality.   Standing right there, outside my office here in Perrysburg.

And that was Mr. Reality slapping me and my clients in the face with . . . reality.

For I am getting ready to close a short sale here in Perrysburg next week.

A FIVE YEAR short sale.

Five years on the market, in default, rented, managed, negotiated, appraised, inspected – then repeat over and over again.

And I am not complaining.

I am happy to be able to close it.   It is very satisfying.  The clients are thrilled.   The customers are thrilled.   The neighbors will be thrilled.   The banks involved are acting in their own best interest.

But . . . I feel the sting of reality.

Banks are not going to make short sales easy.

Or fast.

Or painless.

If they do the whole mortgage market will implode.

Short sales are an excellent idea.   When the house is no longer needed or wanted by the owner a short sale helps the neighbors.   It stabilizes the subdivision.   It’s a great idea and it works.

But please, don’t believe that it’s going to be fast.   Don’t be a Real Estate Pollyanna.

The walkaway.

The “strategic default”.

The “jingle mail”.

You can look up the term on line.

But it happens when your personal life and your financial life have collided with your real estate life and the value of your real estate is smaller than the amount owed the bank.

The process is painful.  Traumatic. And fraught with risk.

Earlier today I went to a house, which shall remain hidden from identity for now (see description above . . . ), which was very nice.

Whose professional, educated owner had walked away from.

Gone.

Vanished.

Spurned our offer of “cash for keys”.

Turned off the water and the gas and the power – and vanished in the night.

Some thoughts:

1. Talk to your lawyer before you do this.  Seriously.  Just get a lawyer and get their opinion on what to do next.

2. Get help from ANYONE.  Family.  Friends. Charity.  Even the Federal Government has lots of programs.  And as worthless as HAMP or HEH! or HUH!? have been in the past 2 years – at least they often slow down the foreclosure train a little bit and give you time to recover.

3. Do not stop paying your food/gas/electricity/heat in order to make one more interest payment to the bank.  Sit down and think about what you have to have to live and survive.  Get some counsel.  Get some special help – but don’t lose everything in order to save an upside down, underwater house.

4. Get another legal opinion – lawyers are just like every other profession.  There are good ones, bad ones, and ones that do not know what they are talking about.   Get 2 opinions when you need brain surgery.  And 2 legal opinions when you are thinking about walking away.

5. At least call the broker/agent who was trying to talk to you.   This vanished owner lost $3000 simply by not calling me.  I bet he might have needed that money . . .

6. Put your families finances first – see #3 above.  I cannot stress this enough!

Many homeowners are being forced into this hard, cold calculus.  Banks might want to consider some very aggressive modifications to principal and not just kick the can down the road.   When upscale neighborhoods in Wood County are being hit and ravaged by strategic defaulters – it’s time to change the game plan.

Caveat Emptor?  It’s the Latin rendering of “let the buyer beware”.

Because buyers need to beware.   At least in Ohio they do!  A quick Google.com scan shows thousands of entries for “caveat emptor” in Ohio real estate.   It shields the real estate seller.  It protects the real estate agent.  It immunizes the real estate broker.  A good example, from a Realtor trade rag is here.

I had to put a house on the market that made this very painfully real.

The “buyers”, who shall remain nameless, simply relied on what the “seller” told them.   They trusted.  But did not verify.

Big mistake.

The “seller”?  He did not have real title to the property.  It was not his to sell.   There was a bank somewhere – not getting paid.   The “buyers” gave their rather sizable down payment to this Perrysburg-based con artist.   Their “down payment”?   Gone.  Scammed.   Stolen.

They were buyers – and they were not careful.

The damage to them – emotionally, financially, and more was and is terrible.

The seller/agent was neither a real seller or a real real estate agent.

Nothing was as it seemed.

I would trust . . . but then verify:

1. Who are you?

2. Why are we not using a title agency?

3. You allright with my lawyer looking at this?

4. Why isn’t your deed recorded?

5. Why don’t you have an office?

Just a few things to consider and learn to ask so that you can avoid some of the scams that are being done right now on innocent, trusting, unaware buyers!

Practice.

Preparation.

Organization.

Research.

All equal to success in lots of endeavors.   Like in baseball.   And in real estate.

Do it . . . and your ducks are in a row.

Fail?  You will whiff.  You will miss.  You will not win.

If you strike out in baseball . . . you get another at bat . . . usually.

In real estate?  You may lose the home you HAD to have.  The “perfect house”.

And, not surprisingly, real estate agent batting averages, proficiency, and skill set strength might seem to matter.

Especially in light of the new NAR report on recent sales.

If you peel away the data . . . you will find that the percentage of pending sales that blew up – busted out – failed to close . . . has DOUBLED.

That’s a HUGE increase.

I believe there are a couple of reasons:

1. More and more appraisal problems with pending sales.

2. More REO transactions which are very hard to get closed.

3. More part time / old timey real estate agents who don’t sell anymore and don’t swim in these treacherous waters anymore.

4. Short sales – the modern bane of buyers, sellers, and agents.

Add them all up . . . . and it’s a miracle MORE deals than the 18% reported are not blowing up!

(by the way – it was 9% of all pending deals blowing up just a year ago . . . )

What to do?

Get accurate market data.

Thinking about buying a short sale?  Open your eyes, get the facts, and get some help.

Only hire an experienced, competent, skilled agent.

1. Have a finished basement without a back up plan for the sump pump.   The power does go out . . . and if your plan is to call Toledo Edison and beg for faster service . . . .

2. Get your home/budget/mortgage in trouble and not talk to people.   It’s public knowledge.  Some people are going to charge you by the hour and do nothing – some are going to pester you on the phone and do nothing.   Get some special help.

3. Buy an extra house.   Not now.  Not in this market.   Sell your current one first please.

4. Buy REO property to “flip”.  You are not going to do it.  You are not going to make money.   There are lots of good reasons to buy REO as an investment – flipping is not one of them.

5. Pay someone upfront to sell/market/advertise your house.  Just plain bad business.

6. Hire a real estate agent without asking a page or two of questions about them and for them to cogently answer.  Many agents are abandoning the business right now (that’s a good thing!).  Some are carrying on to clients like they are full time producers while they have other jobs and even live in another state!

7. Fail to understand that the first showing of your house for sale in Perrysburg will occur ON THE COMPUTER.  Via the photos that your marketing agent has taken.   Failure to understand this costs you time, money, and sales power.

8. Don’t be pressured into buying right now.   Not by anyone.   There are good deals.   There are smart buys.  There are great personal business cases to be made for purchasing a home for many families.   There are also a lot of fear-based sales tactics that can lead you into a terrible decision.

Guaranteed.

It’s a strong word.

“It shall be done”.

“Do this”.

Or how about “promise”.

Also a strong word.

In the world of short sales . . . . I don’t think you can either or honestly issue many guarantees or promises or commands – not unless you are the mortgage holder.

They hold the note.

They loaned the money.

They have the gold and they make the rules.

The signs that proclaim “I Buy Houses!” are usually come ons for a bait and switch exercise to list your house or even worse get you to fraudulently convey control of it.

The Federal government has an opinion about this too.

You can read about it here.

I will boil it down for you:  no promises allowed.  No guarantees allowed.  No getting paid up front.

Any Realtor or “real estate investor” who approaches you and wants some money up front to help you with your short sale or foreclosure?  They are breaking FEDERAL LAW.

Any Realtor or “real estate investor” who comes and promises results, or claims some inside track with the lender or the government . . . again, breaking FEDERAL LAW.

The FTC says that paying $$$ up front is totally forbidden -

“The most significant consumer protection under the FTC’s new rule is the advance fee ban. Under this provision, mortgage relief companies may not collect any fees until they have provided consumers with a written offer from their lender or servicer that the consumer decides is acceptable, and a written document from the lender or servicer describing the key changes to the mortgage that would result if the consumer accepts the offer. The companies also must remind consumers of their right to reject the offer without any charge.”

I have not yet seen anyone doing this in Perrysburg.  I have seen this happen in Toledo and Sylvania . . . . with terrible results for those scammed.

Nothing in a short sale is guaranteed – except that it will be hard and difficult, filled with surprises, and the end result holds the potential to get you out of terrible trouble.