UTAH REAL ESTATE INVESTOR

I think that just about everyone knows intuitively that you can get a great deal by purchasing a short sale property. But just how much of a good deal can you really expect to get after all of the negotiating, lost paperwork, apparently lack of progress, angry customer service people, extra time, etc. And where do you start. Let’s consider the purchase price.

How much do you offer on a short sale purchase? How much of a discount is the lender actually willing to take? And what offer will the seller accept in the first place?

There are a few numbers that you need to be aware of when purchasing a short sale. The first and most important number is current market value! When considering what the current market value is today we do not take into consideration what the property sold for last or what the current owner owes on the property. We need to look at the value from the bank’s perspective…if the property is listed as an REO (bank owned) property, what price would most likely cause it to sell in 60 days? The answer to that question in current market value.

Why does this method work to determine value? Because the bank has to answer one simple question, “if we take the property back through foreclosure, how much can we realistically sell the property for?” The bank will determine this value with a BPO (Broker Price Opinion).

When we consider the market comparables we only look at property that has sold within the past 60 days; anything longer than this is old data. We also need to take into consideration the other active listings (the competition) in the area and how that will affect the sales price so that the property could sell in 60 days. If the property has been on the market for more than 30 days without an offer then the list price is too high for the current market.

Once you can figure out current market value your ready to begin to calculate an offer price. Once again we must look at the property from the perspective of the lender, “how much can we realistically expect to NET if we take this property back at foreclosure?” The lender will incur quite a few expenses through the foreclosure process (such as legal fees, holding costs, insurance fees, repair expenses, closing costs, realtor fees, etc.). The lenders are doing so many foreclosures now that they know these expenses very well for every area of the country. If you know what these expenses are you can figure out the lender’s bottom line. Your offer just has to be higher than their bottom line and they will accept your offer!

Experience has shown that the foreclosure costs for the lender are between 15-20% of market value. With this in mind let me share a quick example:

I have a property that was purchased for $300,000 about 18 months ago. Today the CMA (Comparative Market Analysis or Realtor Price) value of the home is about $250,000. Considering the market factors a current market value of $220,000 is more realistic. So the investor offer price on this property would start be between $176,000-187,000.

Now just because the lenders will accept this lower value doesn’t mean they won’t kick and scream about wanting more money. There is more to a short sale than just price. However, if done correctly most lenders will accept these lower values because they actually net more money through the short sale than they will net if they go through the entire foreclosure process. And since the lender will get less than they are owed they will require that the owner receive nothing, so any offer to the seller should be acceptable as long as the investor can perform.

The easiest way to find a real estate foreclosure auction in Utah is to contact the trustee who is performing the sales. Here the main companies/firms doing foreclosure auctions:

The government passed a law commonly known as the Truth in Lending Act which is designed to protect the consumer against predatory lending practices. While the intentions of the legislation are legally binding, the actual implementation of this legislation by lenders is fraught with problems and inaccuracies. Because the Truth in Lending Act is a federal law, all lenders are required to comply with it completely. Our experience has shown that over 95% of the loans currently in default (pre-foreclosure) have Truth in Lending violations that can benefit the homeowner.

As we have worked with our clients who are in various stages of foreclosure we have discovered our clients have one or more violations of the Truth in Lending Act and therefore have an extended Right of Rescission. Normally this Right of Rescission is for 3 days but in cases where there has been a violation of the Truth in Lending Act, that right can extend up to 3 years. If one chooses to exercise their Right of Rescission then the foreclosure process stops immediately! Not only does the foreclosure stop but the lender will have to give the homeowner a cash refund, clear their credit report and the homeowner is free to move on with no strings attached.

If you meet the following requirements then you can qualify for an extended Right of Rescission on your own property: If your home loan was originated within the past 3 years and 1) you didn’t receive all disclosures as required by law, or 2) your disclosed APR is inaccurate by more than ½ of 1 percent, or 3) the finance charges were understated by more than $35, or 4) a mortgage broker fee was not included. While this list is not comprehensive it does show that there is a high probability that there is at least one violation of the Truth in Lending Act regarding your property.

When you choose to invoke the Right of Rescission the following things must happen in order. 1) The security instrument (trust deed) becomes void and the consumer is no longer liable for any amounts or payments (including any finance charges). 2) The lender returns any money given to anyone in connection with the transaction (cash rebate to borrower). 3) Lender shall take any action necessary to reflect the termination of the security interest (trust deed is removed from the property). 4) Borrower shall tender the money (reasonable value) or property to the lender (the homeowner can decide whether to (refinance and) pay off the original lender or just give them the house and walk away).

If a homeowner is in default and the lender is trying to foreclose take the home away, the borrower can immediately stop the foreclosure process through their Right of Rescission. The lender is then required to return all monies paid to the lender (including mortgage payments, fees and closing cost for originating the loan) in a cash payment. Since the loan has been rescinded all terms of the loan agreement are void so all negative reporting to the credit bureaus must be eliminated and the trust deed be reconveyed to the homeowner. Once the lender has fulfilled their part then the homeowner must pay the lender a reasonable value or give the lender the home (which they were trying to take anyway). Usually the lender is going to fight this process through the courts and the homeowner is entitled to stay in the home without a mortgage payment until the process is resolved. This process could take months (or possibly years) before the lender can get the home through the court process. During the time it takes to go through the legal process a homeowner can pay off debt, repair their credit, or do what it takes to get back on their feet.

By knowing your rights a homeowner can save themselves a lot of money. If a homeowner is having financial difficulties and/or the home is in foreclosure, the borrower could stop the foreclosure process, receive a lender cash rebate, stay in the home for several months with no mortgage payment and get a portion of their credit cleared up before leaving their home. Regardless, the lender is usually going to try and negotiate favorable terms for everyone to prevent a large cash payment to the homeowner with no remuneration in return. It’s important to know and understand your rights under the law.

There are several sources for finding foreclosure homes. But to be more accurate, the foreclosure homes are the ones that are actually at the auction. Those auction notices are published daily in your local newspapers.

Finding the properties before they go to auction, while in pre-foreclosure, you will probably want to talk to your local Real Estate Investment Association (or club). They are probably already tracking most of the Notice of Defaults already but can show you where to look yourself. Usually a title/escrow company will email that list weekly. You can also check with you local county land records (usually online) daily.

After the foreclosure sale you will be looking for bank REOs (Real Estate Owned). These are usually on the market 2-6 months after the auction. They have to get appraisals or BPO’s (Broker Price Opinions) to estimate market value as well as other paperwork for the specific institution before they get listed and sold to the general public. These are found through a few local realtors who get the bulk of these listings and you can find them online through your local MLS, Realtor.com or most of your local agents will have some link to local housing information searches. (If you go this route I would recommend finding the main agents and contacting them directly…you’ll get faster information and less red tape since they make more commissions if you buy directly through them.)

Each stage of the process has it’s pros and cons…

Pre-foreclosurePros: You get a chance to work directly with the owner, the banks have some flexibility on price (for a short sale), great discounts on junior liens, more options and terms to negotiate.
Cons: Not all homeowners are willing to work with you (in a state of denial), not all lien holders feel the need to negotiate, usually need cash or access to quick money, usually requires educating the sellers.

Foreclosure (auctions)Pros: opening bid is usually at the amount of the first lein only, (right now) few bidders & lots of property, no negotiations.
Cons: requires cash, no guarantees (it only takes on idiot to bid up the price), no inspection period.

REOsPros: regular purchase process with loan qualifying time and inspection periods, full representation.
Cons: more competition from investors, less flexibility from banks, subject to rules of traditional lending.

Keep in mind that all three options have opportunities for fabulous deals. It’s up to you to pick an option that fits your style for investing.

Additional websites:
RealtyTrac.com
Foreclosure.com
ForeclosureFreeSearch.com
Foreclosure.net

John and Jane Homeowner
123 Myplace Avenue
Anytown, State 12345

Bob Lender
My Understanding Lender Company
456 Overthere Lane
Sometown, State 12345

Current Date

RE: Loan #(your loan number) for property at (address of property)

Dear Mr. Lender,

We are contacting you today to explain the circumstances which have caused us to become delinquent on our mortgage payments. Although we have done everything possible to improve our financial situation, we are still short on the money owed to you. We would greatly appreciate the opportunity to obtain a (proposed outcome).

The main reason we have become delinquent in our mortgage payments is (explain the reason here).

Our circumstances have (or have not) changed. As of (applicable date) we have (describe your change in conditions). At this time we do not have enough income to pay our regular monthly mortgage payment and all of the accumulated payments and fee. We truly want to pay what is owed, but at this time do not know how to accomplish this. Therefore, we are turning to you for assistance.

We are asking for (propsed outcome). Doing so, would help us get back on track. Our home means a great deal to us and we desire to work with you to keep it out of foreclosure. Please advise us of all options available to stop foreclosure (or initiate a short sale) at your earliest convenience. We are anxious to reach an agreement and appreciate your prompt response.

Respectfully yours,

Print name of Borrowers
Signature of Borrowers
Loan #
Phone
Email addresses (if applicable)

The following items are important and need to be included in your hardship letter:
• Date
• Loan Number
• Reason for Default
• Supporting evidence and documentation
- Event details
- Date of events
• Documents supporting end of hardship (if applicable)
• Your proposed outcome (what you would like to happen)

The following is a list of valid reasons for hardship that would be accepted by most lenders:
• Death of borrower
• Death of spouse or family member
• Illness• Medical Bills
• Short-term or permanent disability
• Unemployment
• Decrease in working hours
• Decline in earning for self employment
• Elimination of overtime or second job
• Mandatory pay reduction
• Increase of expenses due to short-term unemployment
• Involuntary job relocation
• Failure of business
• Divorce
• Marital Separation
• Incarceration
• Military Duty
• Damage to Property

When writing your hardship letter make sure that you honestly represent the facts as you may be asked for supporting documentation to verify your claims. Include all of the things you have done to be responsible for your loan obligations. For example:
• Created family budget
• Seeking credit counseling
• Reduced bills & recurring expenses
• Secured new employment
• Secured additional employment
• Used savings
• Borrowed or closed retirement accounts
• Increased education (more employable)
• Sold large assets
- 2nd car
- Jewlery
• Stocks, bonds, mutual funds
• Cancelled luxury subscriptions
- Magazines
- Cable TV, Internet
• Exhausted other means to pay debt

(Click here to see examples of some hardship letters)

The following paperwork is going to be required for anyone who is not able to sell the property (for more than is owed) and cannot pay the lender all of the money owed in back payments and fees:
•Hardship Letter
•Personal Financial Statement
•Authorization to Release Information
•Real Estate Purchase Contract (REPC)
•Limited Power of Attorney
•Seller Acknowledgement Document
•General Warranty Deed

In addition, the Homeowner(s) needs to be prepared to show copies of the following for each borrower:
•Tax Returns (past 2 years)
•Bank Statements for All Accounts (past 2 months)
•Pay Stubs for all Employment (past 2 months)
•All monthly bills (past 2 months)
•Property Tax Bill
•Homeowner’s Association (HOA) bills or liens
•Property Insurance statement

It is staggering how little help is really available to those facing foreclosure. An internet search for foreclosure help in Utah revealed 425,000 results for “foreclosure help utah” and yet there were only 4 true help resource pages in the entire first 10 pages of search results. Mostly there were sites aimed to attract investors to buy foreclosure lists and agents hoping for foreclosure listings.

The reality is that there isn’t much out there to really help someone facing foreclosure. Of the first 10 pages of search results there were just a handful of sites that talked about the foreclosure process. And in all those sites there wasn’t a single site that actually gave practical advice to someone seeking help for their current situation. Listed below are a few sites with some helpful information:

Understanding Homeonwer’s Options
Foreclosure Law Summaries (Utah)
Resources for Consumers (Federal Reserve)
Homeowner Information (HUD)
Foreclosure Education for Homeowners

If you know of any more good resources for homeowner’s facing foreclosure, please post a comment with the website information. Let’s pool our resources and help those who really need the help! Thank you in advance for helping those in need.

When an owner is facing foreclosure they often times don’t know that they have options available to them. Usually their list of options is to a) sell the house, b) refinance the house, c) wait for the inevitable foreclosure, or d) hope that nothing will happen, that it’s a bad dream that will go away if it’s ignored. I’d like to share a short list of options that a homeowner has available to them…

The foreclosure cycle is different in every state. Some states are Judicial states (which means that the foreclosure process is a lawsuit that goes through the court system)and other states are non-Judicial states (not involving the court). In general the western states use a non-judicial foreclosure process and the eastern states use a judicial foreclosure process.

While each foreclosure process is slightly different the basic processes are the same. A foreclosure process begins with 3 causes: 1) non-payment of the agreed installment payments and fees, 2) non-payment of property taxes, or 3) lapse of adequate property insurance (although some sort of forced-placed insurance is usually the first remedy for inadequate insurance). Next, some sort of notice of default or demand for payment letter is filed and sent to the mortgagee. There is a period in which the loan may be reinstated and brought current, generally between 15-90 days (depending on the state). Ads must be posted in public places, usually a local newspaper, and a notice is placed on the property announcing the sale of the property at a public auction (trustee sale). And finally, there is the actual sale of the property.

Here is a quick summary of the 4 basic foreclosure cycles:

1. Non-Judicial Foreclosure Cycle (120 days)

• Day 1 – Notice of Default (NOD) is filed
• 90 day reinstate period begins
• Day 90 – Ads are posted in newspaper & certified notice sent to property
• Notice is posted on property
• Day 120 – Trustee Sale

2. Non-Judicial Foreclosure Cycle (90 days)

• Day 1 – Notice of Default (NOD) is filed (aka Notice of Action, Notice of Trustee Sale, Notice of Sale)
• Day 1 – Ads are posted in newspaper & certified notice sent to property
• 90 day reinstate period begins
• Day 90 – Trustee Sale

3. Non-Judicial Foreclosure Cycle (21 days)

• Day 1 – Notice of Default (NOD) is filed (aka Notice of Action, Notice of Trustee Sale, Notice of Sale)
• Day 1 – Ads are posted in newspaper & certified notice sent to property
• 21 day reinstate period begins
• Day 21 – Trustee Sale

4. Judicial Foreclosure Cycle (3-6 months)

• Day 1 – Attorney sends “Demand Letter” (Pay in 10 days)
• Day 11 – Lis Pendens suit is filed
• Day 40 (- 90) – Court date, attorney gets judgement
• Day 50 (- 120) – Debtor has 10 day Right to Appeal
• Day 60 (- 160) – Ads are posted in newspaper (30 days)
• Day 90 (- 180) – Foreclosure Sale
• (Timeframes vary due to court availability)

It is important to realize that these are just general guidelines and minimum timeframes. Sometimes these foreclosure times can be longer depending on the trustee’s work load, court availability and negotiations with the debtor/mortgagee. It is important that you always seek competent legal counsel in the state you live in if you’re facing a foreclosure action. There are many legal and financial ramifications to this process.

*It is important to understand that the foreclosure process does not automatically eliminate the debtor’s obligation to repay the debt. The foreclosure is a process by which the lender tries to sell the property (that was promised as collateral) to satisfy the debtor’s obligation. If the property sale does not satisfy the loan obligation then the lender may, at the lender’s sole option, pursue other legal means to collect the balance of the debt. In the current market this option isn’t being pursued as aggressively but the lender still has the right to try and collect the full amount of the promised loan.