REALTORS® Praise FHFA for Issuing Short Sale Approval Guidance
WASHINGTON (April 18, 2012) –
The National Association of REALTORS® applauds the Federal Housing Finance Agency (FHFA) for issuing new guidance requiring servicers of Fannie Mae and Freddie Mac loans to speed responses to short sale requests.
The guidelines would require servicers to acknowledge receipt of short sale purchase offers within three business days; respond to short sale requests within 30 days (with a possible 30-day extension); and make a final decision within 60 days of receiving purchase offers.
“As the leading advocate for housing and homeownership, NAR knows that delays in approving short sale requests remain a significant challenge for REALTORS® and consumers and often result in canceled contracts and the property going into foreclosure,” said NAR President Moe Veissi, broker-owner of Veissi & Associates Inc., in Miami. “REALTORS® greatly appreciate FHFA’s efforts in establishing a timeframe for responding to sellers and potential buyer offers to help streamline the short sales process.”
NAR has long urged the lending industry to improve the process for approving short sales. When a family is absolutely unable to stay in their home, a short sale minimizes the negative impact on sellers and communities, and NAR believes that streamlining the approval process will reduce the amount of time it takes to sell the property, improve the likelihood that the transaction will close, and reduce the number of foreclosures. Short sales also help stabilize home values and neighborhoods by keeping homes occupied, which benefits the housing market and aids in the recovery.
Veissi praised FHFA Acting Director Edward DeMarco for responding to the concerns of consumers and REALTORS® regarding the ongoing delays in the approval process and the negative impact that slow response times are having on buyers, sellers, lenders, and the housing market.
NAR also thanked Sens. Lisa Murkowski (R-Alaska), Scott Brown (R-Mass.) and Sherrod Brown (D-Ohio) for introducing S. 2120, and Reps. Tom Rooney (R-Fla.) and Rob Andrews (D-N.J.) for introducing H.R. 1498, proposed legislation to reduce delays in approving short sale transactions.
“Their leadership on this issue helped raise the attention needed to make the short sales process more efficient. While these new guidelines will hopefully help close short sale transactions at higher rates, we believe legislation is still needed to impose mandatory deadlines on all loan servicers,” said Veissi.
Implementation of the new guidelines should begin after June 15, 2012. For more information, visit www.realtor.org/topics/short-sales.
The National Association of RealtorsÒ, “The Voice for Real Estate,” is America’s largest trade association, representing 1 million members involved in all aspects of the residential and commercial real estate industries.=
SOURCE: Chris Gosselin, Regional Political Representative AK, CA, CT, GU, HI, MA, ME, NH, NV, RI & VT
National Association of Realtors® – CGosselin@realtors.org
Chris Gosselin’s Brief Update from DC to State and Local GAD’s
Hello from Washington. While Congress has been notably quiet about big picture items that we are continuing to monitor such as tax policy and the future of the secondary mortgage market, there are some things moving here in DC that I wanted to update you about.
First is the taxation of forgiven debt – there is now legislation in the House that would extend the provision for two years and another provision that would extend it for one year. Obviously two years is better than one, but we are not taking a position on which one goes forward. More information about the issue can be found on our website: Will I Pay Tax on Short Sales, Foreclosures, or Loan Modifications?
There have been several questions about the Bank of America announcement about their deed-for-lease pilot program and our position. I’ve attached a summary from B of A that outlines their proposal.
You may have gotten questions about the AG Mortgage Settlement and its impact on the real estate market. We are still going through the full settlement but we have put together a brief document that outlines the top things we are watching: National Mortgage Settlement and Realtors – Five Quick Takeaways.
We also just sent regulators a letter updating our position on the REO bulk sales initiative now that we have some more guidance on the direction of the program. It’s four pages and should answer most questions about what NAR is doing on this issue – attached to this email as well. It also references the Bank of America proposal above.
Rally update: If you are getting any questions about the Realtor Rally at the midyear meetings, our website www.realtorrally.org is up and running and has answers to most questions that you or your members may have. If there is additional information needed, there is a web form on the site that is monitored by our staff in DC planning the rally. Of course, feel free to get in touch with me if I can answer any questions as well.
SOURCE: Chris Gosselin, Regional Political Representative AK, CA, CT, GU, HI, MA, ME, NH, NV, RI & VT
National Association of REALTORS® — CGosselin@realtors.org
Southland Home Sales Jump in February, Prices Still Down Yr/Yr
March 14, 2012, La Jolla, CA—The Southland housing market posted the highest number of February home sales in five years as record levels of investor and cash buyers helped spur robust activity under $300,000. The median price paid for homes across the six-county region inched up from January but dropped below the year-earlier level for the 12th consecutive month, a real estate information service reported.
A total of 15,573 new and resale houses and condos sold in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties last month. That was up 7.2 percent from 14,523 in January, and up 8.4 percent from 14,369 in February 2011, according to San Diego-based DataQuick.
The increase in sales between January and February was larger than usual. On average, sales have risen 1.1 percent between those two months since 1988, when DataQuick’s statistics begin. Southland sales have increased year-over-year for two consecutive months and for six out of the last seven months. However, last month’s sales tally was 12.3 percent below the average for all the months of February since 1988.
Sales did not rise across the price spectrum last month. Transactions below $300,000 rose 9.5 percent from a year earlier, while the number of $300,000-$800,000 deals dipped 0.8 percent year-over-year and sales above $800,000 fell 12.6 percent.
“February sales got a big boost from investors and others paying cash for relatively affordable homes, as well as from an extra day’s worth of sales thanks to the leap year. Without the latter, sales might have been up a bit, but not to a five-year high. It’s just one more reason for us to remind everyone that January and February usually aren’t good months to use for forecasting purposes. The big picture remains one where the bottom of the housing market continues to see much of the action, while move-up activity remains sluggish. Financing is still difficult for many and lots of potential move-up buyers and sellers are stuck because they owe more than their homes are worth,” said John Walsh, DataQuick president.
The median price paid for a Southland home last month was $264,750, up 1.8 percent from $260,000 in January but down 3.7 percent from $275,000 in February 2011.
Last month’s median was 7.2 percent above the low point for the current real estate cycle – $247,000 in April 2009 – and 47.6 percent below the $505,000 peak in mid 2007. The peak-to-trough drop was due to a decline in home values as well as a shift in sales toward lower-cost homes, especially inland foreclosures.
Distressed sales continued to make up more than half of the resale market.
Foreclosure resales – properties foreclosed on in the prior 12 months – accounted for 32.5 percent of the resale market last month, down from a revised 32.6 percent in January and down from 37.0 percent a year earlier. Foreclosure resales hit a high for the current cycle of 56.7 percent in February 2009 and a low of 31.6 percent last November.
Short sales – transactions where the sale price fell short of what was owed on the property – made up an estimated 20.5 percent of Southland resales last month. That compares with 21.1 percent in January, which was a high point for the current real estate cycle, and 19.7 percent in February 2011.
Credit conditions remained tight.
Adjustable-rate mortgages (ARMs) accounted for 5.7 percent of last month’s Southland home purchase loans, down from 6.0 percent in January and 7.7 percent a year ago. Since 2000, a monthly average of about 37 percent of purchase loans were ARMs.
Jumbo loans, mortgages above the old conforming limit of $417,000, accounted for 14.4 percent of last month’s purchase lending, down from 15.2 percent in January and down from 15.6 percent a year earlier. In the months leading up to the credit crisis that struck in August 2007, jumbos accounted for 40 percent of the market.
Absentee buyers – mostly investors and some second-home purchasers – bought a record 29.7 percent of the Southland homes sold in February, up from a revised 28.0 percent in January and 26.4 percent a year earlier. Last month’s absentee buyers paid a median $192,750, down from $195,000 in February and $202,000 a year earlier. The Inland Empire saw absentee purchases rise to a record 37.2 percent of all sales. Since 2000, the Southland’s absentee buyers have purchased a monthly average of 17.0 percent of all homes sold.
Cash purchasers accounted for a record 32.8 percent of February home sales, up from 32.2 percent in January and up from 32.3 percent a year earlier. Cash buyers paid a median $200,000 last month, the same as in January and down from $205,000 a year earlier. Since 2000, the monthly average for Southland homes purchased with cash is 15.2 percent. Cash purchases are where there was no indication in the public record that a corresponding purchase loan was recorded.
Government-insured FHA loans, a popular low-down-payment choice among first-time buyers, accounted for 31.2 percent of all purchase mortgages in February. Last month’s FHA level was up from 31.1 percent in January and down from 32.2 percent a year earlier. Two years ago FHA loans made up 36.8 percent of the purchase loan market, while three years ago it was 36.9 percent.
Last month 16.5 percent of all sales were for $500,000 or more, up a hair from a revised 16.4 percent in January but down from 18.7 percent a year earlier. The low point for $500,000-plus sales was in January 2009, when only 13.8 percent of sales were above that threshold. Over the past decade, a monthly average of 28.1 percent of homes sold for $500,000 or more.
DataQuick monitors real estate activity nationwide and provides information to consumers, educational institutions, public agencies, lending institutions, title companies and industry analysts.
The typical monthly mortgage payment that Southland buyers committed themselves to paying was $998 last month, compared with $983 in January, which when adjusted for inflation was the lowest in DataQuick’s records back to 1988. Last month’s figure was down from $1,174 for the same month last year. Adjusted for inflation, current payments are 56.9 percent below typical payments in the spring of 1989, the peak of the prior real estate cycle. They are 64.7 percent below the current cycle’s peak in July 2007.
Indicators of market distress continue to move in different directions. Foreclosure activity remains high by historical standards but is lower than peak levels reached over the last few years. Financing with multiple mortgages is very low, and down payment sizes are stable, DataQuick reported.
Source: DQNews.com Real Estate News and Custom Data
Media calls: Andrew LePage (916) 456-7157
Latest Updates from FHA
This is the HUD national homeownership center reference guide mailing list for real estate industry professionals that are interested in updates to HUD Mortgagee letters, notices and guidebooks, & FHA Housing Industry Training.
Please visit the homepage at:
http://www.hud.gov/offices/hsg/sfh/hsgsingle.cfm
Servicing lenders can visit HUD’s National Servicing Center at:
http://www.hud.gov/offices/hsg/sfh/nsc/nschome.cfm
Please see the latest update from FHA at:
http://portal.hud.gov/hudportal/documents/huddoc?id=fhacomcgJan2312Final.pdf
SOURCE: Jerrold H. Mayer
Email: Jerrold.H.Mayer@HUD.GOV
List: HOMEOWNERSHIP-L@HUDlist.HUD.gov
C.A.R. News release: Gov. Brown signs SB 458
For release:
July 15, 2011
CALIFORNIA ASSOCIATION OF REALTORS® applauds Gov. Brown on signing SB 458 into law
LOS ANGELES (July 15) – The CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) applauds Gov. Jerry Brown on signing SB 458 (Corbett) into law. SB 458 extends the protections of SB 931 (2010), to ensure that any lender that agrees to a short sale must accept the agreed upon short sale payment as payment in full of the outstanding balance of all loans.
Under previous law (SB 931 of 2010), a first mortgage holder could accept an agreed-upon short sale payment as full payment for the outstanding balance of the loan, but unfortunately, the rule did not apply to junior lien holders. SB 458 extends the protections of SB 931 to junior liens.
“The signing of this bill is a victory for California homeowners who have been forced to short sell their home only to find that the lender will pursue them after the short sale closes, and demand an additional payment to subsidize the difference,” said C.A.R. President Beth L. Peerce. “SB 458 brings closure and certainty to the short sale process and ensures that once a lender has agreed to accept a short sale payment on a property, all lienholders – those in first position and in junior positions – will consider the outstanding balance as paid in full and the homeowner will not be held responsible for any additional payments on the property.”
SB 458 contains an urgency clause making it effective upon signing.
Leading the way…® in California real estate for more than 100 years, the CALIFORNIA ASSOCIATION OF REALTORS® (www.car.org) is one of the largest state trade organizations in the United States, with nearly 160,000 members dedicated to the advancement of professionalism in real estate. C.A.R. is headquartered in Los Angeles.
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SOURCE: http://www.car.org/newsstand/newsreleases/sb458/
Short Sales 60 Days Later
My last blog on the Short Sale transaction was in mid May right after the NAR meetings in Washington, DC. Although the banks prefer a Short Sale transaction over a Foreclosure, there are still many hurdles required to complete a Short Sale transaction.
While in Washington, DC and in a subsequent conference call with the Department of the Treasury, both Fannie Mae and Freddie Mac rejected the idea of increasing the amount that a negotiator could offer a second trust deed or junior lien holder on HAFA-approved Short Sales. On proprietary Short Sales, the bank may offer more to the junior lien holders — more than the $6,000.00 maximum required under a HAFA Short Sale. The second trust deed or junior lien holder must agree with the bank’s approved settlement offer for a Short Sale transaction to work.
One of the biggest problems while negotiating a Short Sale is the banks value and the true market value of the asset. The bank is trying to recover a percentage of the debt while they should be trying to recover a percentage of the value.
Please do not forget your MARS Disclosures once you discover you have a Short Sale. The Short Sale transaction may save your career so spend some time on understanding the process. The negotiator plays a very important roll in this process; they are not always right so be patient with them, submit your documentation, and know their system.
AUTHOR: LeFrancis Arnold, CAR 2011 President-Elect, LACBOR Past President — www.LeFrancisArnold.com and LeFrancis’ On The Move (blog) …
Loan Mod or Short Sale?
Friends,
I have been spending a lot of time on the Short Sale issue. I feel that some progress is being made in this arena; however, we have to keep up the pressure by really looking at our customer’s circumstances. Are they really a loan modification or are they really a short sale? Our job is to look out for the clients best interest and get the answers they want!
AUTHOR: LeFrancis Arnold, CAR 2011 President-Elect, LACBOR Past President — http://www.LeFrancisArnold.com
The Short Sale
In 2009, I wrote my first blog on short sales and it’s amazing how much the short sale transaction has changed. We had the most success with short sale transactions dealing with Wachovia Bank since we closed an escrow in about 60 days from offer to closing; alternatively, it took me a year to close a pretty easy Bank of America short sale — a short sale that had no seconds, only a Bank of America purchase money First T.D. Why did it take Bank of America one year to close a simple short sale? I still ask myself that question so it’s no wonder why Real Estate agents don’t want to touch this type of transaction.
Maybe the biggest issue with the short sale is the loan modification. For over a year, the banks allowed property owners to stay in their homes without making payments while the world watched in shock. Then came the HAMP and then the HAFA. If you are not aware of these Treasury Department recommendations, these volunteer programs have had very little success within the scheme of things. While in Washington D.C. the week of March 28-31, 2011 with CAR Leadership for the CAR “Officers’ Congressional Appointments” meetings, I had the opportunity to meet with members of Congress, Freddie Mac, Fannie Mae, the Treasury Department, the Federal Trade Commission, and HUD, I see why everyone is so confused and everyone has a different solution. In 2010 Fannie Mae closed about 190,000 REO’s and about 75,000 short sales. Since their losses were greater on the REO side, they admitted that the short sale is their preference because it saves the company money. If Bank of America, Wells Fargo Bank, CitiMortgage, Chase Bank and every mortgage banker can give you a DU or do a loan approval subject to an appraisal and close in 20 to 30 days, then why does it take so long to determine if a homeowner can qualify for a loan modification? There are very few mortgage principal write downs — generally only where fraud appears or special circumstances occur. After sitting in the Capitol Committee hearings on Fannie Mae and Freddie Mac in Washington DC and listening to Edward J. DeMarco, Acting Director of the Federal Housing Finance Agency, testify to the committee, I would be surprised if Fannie or Freddie start the process of principal write downs any time in the near future. Most loan modifications are not HAMP modifications and most short sales are not HAFA short sales, mainly because they are both volunteer programs offered by the Treasury Department. No wonder the program does not work. Each bank uses its own set of guidelines, using the HAMP and HAFA guidelines only as a model.
Currently, I have several short sale transactions in process and my newest agent is having a lot of success working short sale listings. Even though we are not doing loan modifications, now we need to worry about the new MARS rule, our disclosures, and our record keeping. What a life for the professional Real Estate agent!
AUTHOR: LeFrancis Arnold, CAR 2011 President-Elect, LACBOR Past President — http://www.LeFrancisArnold.com
C.A.R. Standard Forms to release MARS forms
The Federal Trade Commission (FTC) has issued new rules that may impact real estate practitioners who represent clients involved in short sale transactions. Depending on certain factors, the so-called MARS rules (Mortgage Assistance Relief Services) could require members to make certain disclosures to consumers if they negotiate a short sale with a lender or advertise their short sales experience.
The MARS rules took effect on Jan. 31, 2011. SEE: http://www.ftc.gov/opa/2010/11/mars.shtm
To comply with the MARS rules, C.A.R. Standard Forms will have an intermediate forms release to address some urgent changes and issues pertaining to tenancy termination requirements after foreclosure. The following new forms will be available no later than March 17.
* MARSSN: Mortgage Assistance Relief Services Short Sale Negotiation Notice
* MARSMRN: Mortgage Assistance Relief Services Offer of Mortgage Relief Notice
* NTAF: Notice of Termination of Tenancy within One Year after Foreclosure (Giving Tenant At Least 90 Days to Vacate)
* NAF : Additional Information Regarding Termination of Tenancy within One Year After Foreclosure (Cover Sheet Attached to Notice (C.A.R. Form NTT) Giving Tenant Less Than 90 Days to Vacate)








