Sara’s Homes

A few years ago, few people in the housing market had ever heard of a short sale.

Mention the term today and people, whether they are homeowners or real estate agents, just roll their eyes.

The practice, which involves selling a property for less than the amount owed on the mortgage, has grown in popularity as an exit strategy for financially strapped homeowners because it doesn't ding a credit report as deeply as a foreclosure. But because the transactions have to be approved by first and second lien holders, they are languishing. Some real estate agents try to steer clear of them entirely and even specify in their listings that a property is not a short sale.

The Obama administration is aware of the frustrations. In mid-May, Treasury Secretary Tim Geithner announced plans to streamline the process by offering financial incentives to mortgage servicers and investors that accept short sales, much in the same way that they are rewarded for refinancing or modifying troubled mortgages.

Four months later, homeowners, real estate agents and lenders are still waiting for specific details of how the plan would work. A Treasury Department spokeswoman said an update on the program is expected in a few weeks.

Meanwhile, homeowners like Dallas O'Day are in limbo.

O'Day, a Chicago attorney, and his family relocated from California in June 2004 and bought a Mediterranean-style home in Chicago's Beverly neighborhood for $395,000. They rewired the house, stripped and refinished the wood floors and the woodwork and did other work to restore its charm.

Last year, personal circumstances prompted them to list the home for sale just as the housing industry's meltdown was picking up steam. With no takers and no longer even expecting to break even on his investment, O'Day relisted the 2,700-square-foot home in January as a short sale.

Four months and three price reductions brought the house down to $384,900, at which point a potential buyer made an offer in late May. O'Day accepted it and submitted the paperwork to the lenders holding first and second mortgages on the home.

He has yet to receive a response. Meanwhile, the family has moved into a North Side apartment, the refrigerator has broken in the home and there's evidence of mold in the basement.

"The only thing we keep hearing is they keep wanting current payroll stubs, bank statements and taxes," said O'Day's real estate agent, Pam Decker at Prudential Biros Real Estate in Evergreen Park.

"What has astonished me is that in the presence of one of the softest housing markets I can remember, we're hitting up on four months and they've just had a person assigned to look at it, that they would move at such a glacial pace," O'Day said. "My expectation is I'll be renting until whatever blemish is gone. I've just accepted the fact that at some point it'll be foreclosed upon because I just don't think the banks will pull it together. I feel like I've done everything I can do."

During the second quarter, 14 percent of all home sales were short sales and they were made primarily to first-time buyers who may have more flexibility to deal with the long wait times, according to a survey by Campbell Communications. The sales volume could be much greater. Two out of three short sales never close.

"In general, you have to have three offers for every completed short sale," said survey designer Thomas Popik. "The first offer, the buyer walks before they get a yes or no. On the second offer they walk a good part of the time. The third offer is the charm because it's been in process long enough at the lender that [the lender] knows they want to do this.

"Home buyers are now putting in half a dozen verbal offers, hoping that on one of them the lender will say yes. What this is doing is bogging down the approval [process] at the mortgage servicers. It's just gotten to the point that everyone has started engaging in unproductive behavior. It's a vicious cycle."

The process of getting a short sale approved involves a packet of documents that includes bank statements, tax returns, letters explaining any other sources of income and a hardship letter explaining why a short sale is being sought.

After the packet is submitted to a mortgage servicer, it has to be entered into the system, a person has to be assigned to it, and an appraisal has to be ordered for the property. On average, it took loan servicers 9 1/2 weeks to respond to a short sale offer, Campbell's survey found.

"You've got to stay on top of these banks," said James Orrico, a real estate agent at Professional Residential Brokerage LLC in Oak Brook. "I call on my files every day. If you don't stay on top of them, you'll lose it."

But not every real estate agent is willing to deal with the process. Online realty company Redfin doesn't show or write offers on short sale properties "because of the slim chance that you'll get the home," according to its Web site.

A number of factors are contributing to the delay. Lenders say their top priority is keeping people in their homes, and their own and the government's loan modification programs are taking the bulk of their

"The modification [program] was just like an atom bomb that dropped on [servicers]," said Matt McCabe of National Short Sale Center, a company that acts as a negotiator between borrowers and mortgage lenders. "They had a really hard time reacting to that increased demand."

Wells Fargo Home Mortgage, which services more than 8 million mortgages, said it has cut the average 60-day response time on short sale offers to 30 to 45 days.

"We're not satisfied with that number," said Tamara Swain, senior vice president of real estate owned and short sales at the lender. "The current goal is 15 to 20 days. This has been a big learning process of a function that wasn't very prominent a couple years ago."

Also delaying the process is that if a home can't be saved, servicers are keen on trying to recover as much as possible for what could be multiple investors and that requires a fair amount of due diligence.

"The challenge is buyers always want to pay as little as possible and sellers want to receive as much as possible," said Tom Kelly, a spokesman for JPMorgan Chase, which services 10.3 million mortgages. "The bank is the server in the middle."

From a prospective buyer's standpoint, purchasing a short sale property can be preferable to a foreclosure because if the borrower stills owns the home, he or she is likely to take better care of it.

However, with so many distressed properties for sale, and other homes selling conventionally at drastically reduced prices, there's a wealth of inventory available allowing buyers to get a quick yea or nay to their offer. Some buyers make offers on multiple short sales or write the offers so they can walk away if a lender doesn't respond within a certain time frame.

Xia Zhao and her family thought they'd found their next home when they walked into a Jefferson Park townhouse that was listed as a short sale. It was large and near her son's school. However, they walked away from the offer after a month because they still hadn't received a response and were worried they wouldn't be moved in by the time school started.

Instead the family bought a new town home with a price that was cut by the developer in the city's Old Irving neighborhood.

"I guess we're not people with extreme patience," Zhao said. "What if you wait for a couple months and this goes away? You have to start all over again."

"Most people really aren't in a situation where they can deal with the uncertainty," said Zhao's real estate agent, Eric Rojas at Prudential Rubloff. "Even when you explain that it's not accepted until the bank accepts it and you build these safeguards into the contract, people are dropping out, left and right. These sales would get done, but people just can't wait."

Chicagoan Marie Cabrera, a real estate agent at Baird & Warner, is hoping she has found a purchaser with some patience.

After being unable to sell her own condo in the luxury Palmolive Building, Cabrera decided she didn't want to simply wait for her lender to foreclosure on it. Earlier this month she listed it as a short sale, priced at $1.15 million. Within a week, she had a cash offer of $1 million that she sent to her lender.

"I have no idea whether the bank will take it," Cabrera said. "I have an offer that's solid and they're willing to wait."

, why they're gaining in popularity.

The Federal Housing Administration, which insures lenders against losses on home mortgages, announced Friday that it would tighten credit requirements but said it has enough reserves to handle expected claims.

The agency confirmed that, as of Sept. 30, it would fall short of a legal requirement that it maintain supplementary reserves of 2% of the loans it insures. Those reserves supplement a fund that provides for projected claims over the next 30 years. The extra capital cushion last year was about 3%, down from 6.4% in 2007. The Washington Post reported Friday that the FHA expected to fall short of the 2% minimum, something outside experts have long said was likely.

Mr. Stevens said tighter credit standards would suffice to rebuild the cushion to 2% or more, and that the FHA wouldn't need to raise the premiums borrowers pay or seek an increase in its minimum down-payment requirement of 3.5%.

The FHA has taken a much bigger role in the mortgage market during the past two years, as investors have shied away from home loans that lack government backing. In this year's first half, about 19% of new home mortgages were insured by the FHA, up from about 2% in 2006, according to the trade publication Inside Mortgage Finance.

Under planned rules, the agency said lenders making FHA-insured loans would need to show net worth of at least $1 million, up from $250,000, and further increases might be sought later. The agency is seeking to ensure that lenders have funds available to compensate the FHA if their loans fail to meet quality standards.

Appraisals will be valid for no more than four months, down from six to 12 months previously. The FHA also plans to change rules aimed at averting pressure on appraisers, making them more consistent with those adopted earlier this year by Fannie and Freddie. Mortgage brokers or bank employees paid on commission won't be allowed to order appraisals.

In addition, the FHA plans to hire a chief risk officer for the first time.

"These are things they should have been doing for a long time," said Tom Lawler, an independent housing economist in Leesburg, Va.

The FHA said it had more than $30 billion of total reserves, including the primary fund and the extra cushion. That equates to 4.4% of the value of loans it insures.

The FHA earlier reported that in July 7.8% of the single-family mortgages it insured were 90 days or more overdue or in the foreclosure process, up from 6.6% a year earlier. For the second quarter, about 8% of all home mortgages were 90 days or more past due or in foreclosure, according to a survey by the Mortgage Bankers Association.

Regardless of whether you are in foreclosure, if selling your home will not net enough to pay off your existing mortgages, you may want to consider selling on a short sale. For many years, there were few reasons to sell on a short sale, apart from earning the real estate agent a commission, but times have changed.

Why Agents Recommend Short Sales

You'll hear the myth over and over: "Short sales protect credit." That's only partially true. Your credit will tank if you fall behind on your payments. Experts say agents who repeat that mantra without clarification do so out of ignorance or self interest, take your pick.

There is one exception. If you have no 60-day-plus late pays on your credit report, Fannie Mae may still offer you a loan to buy another home. However, most people who sell on a short sale are in default past 60 days, so this exception does not apply to them.

A short sale could ruin your credit rating. It might not happen right away, but sooner or later, unless the bank has specifically agreed not to report the shortage, the bank may report it as a Score Factor Code 22. That score factor relates to delinquencies, derogatory records and collections.

Real estate agents should not give legal advice to clients facing foreclosure nor assure sellers that their credit rating will not suffer adverse affects. Those who insist on this practice may find themselves facing a process server down the road and be praying that their errors and omissions insurance will cover them.

Here are the main reasons why agents encourage sellers to do a short sale:

• Agents get paid by the lender to do a short sale.

   

• Agents don't get paid if the seller loses the home to the bank by going all the way through foreclosure.

   

• Even if the home never sells on a short sale, the agent gets free publicity (and new business) through signage, open houses, marketing and posting listings online.

Benefits for Foreclosure

Although going through foreclosure is often painful and embarrassing for sellers, there are benefits:

• No mortgage payments to make.

   

• Foreclosure proceedings take months to conclude.

   

• The home is still yours until the foreclosure is final.

   

• No strangers are traipsing through your home.

   

• Banks sometimes give cash for keys after the public sale.

Drawbacks to Foreclosure

Few people, apart from the sellers who choose to buy and bail, really want to experience a foreclosure. Memories are made in a home, and losing it can shatter future dreams. Here are other drawbacks to foreclosures:

• The right of home ownership is striped away.

   

• Homeowners return to the rental market as a renter.

   

• The bank may post a Notice of Public Sale on your front door.

   

• Your credit takes a nose dive, and a foreclosure will remain on your credit report for 10 years.

   

• Under Fannie Mae guidelines, without extenuating circumstances, you will not be eligible to buy another home for 7 years.

Benefits for Short Sale

Of course, you will make your real estate agent happy because agents are happy to take listings. But what about you? What do you get out of a short sale?

• Retain some dignity in knowing that you sold your home.

   

• You won't suffer the social stigma of the "F" word: foreclosure.

   

• No mortgage payments to make, unless you choose to make them.

   

• You can meet the new owners.

   

• You will be eligible, under Fannie Mae guidelines, to buy another home in 2 years instead of 5 to 7 years.

   

• If your credit report does not reflect a 60-day+ late pay, under Fannie Mae guidelines, you will be eligible to buy another home immediately.

Drawbacks to a Short Sale

You may experience some of the same drawbacks as a foreclosure, but they might seem less intense.

• Waiting for the bank to respond to an offer is frustrating.

   

• The bank will want to examine personal records such as tax returns, bank accounts, assets and liabilities, in addition to asking for a hardship letter from you.

   

• Accommodating buyers will mean keeping your home in spotless condition for weeks or months until an offer is received and putting up with traffic through your home.

   

• There is no assurance the bank will accept a short sale offer.

   

• The derogatory credit will remain on your credit report for 7 years.

   

For many sellers, though, the chance to buy another home in two years is the real motivation to do a short sale. Good credit behavior can supplant bad credit after two years, even though the derogatory will remain.

The first major change to the $8,000 home buyers tax credit began moving through Congress last week, giving hope to real estate and building groups pushing for extension of the entire program before it expires Nov. 30.

House Ways and Means Committee chairman, Congressman Charles Rangel, a New York Democrat, combined several smaller bills into the “Service Members Home Ownership Act of 2009” late last week, with a floor vote expected this week.

The bill is intended to correct a flaw in the original tax credit legislation: By requiring buyers to occupy and own their first home for 36 months to fully qualify for the credit, the program creates serious problems when military, Foreign Service and intelligence agency personnel are transferred overseas.

During their absence, they are not occupants of their houses, and sometimes have to rent them out or sell. Any of these events make them ineligible to retain the $8,000 credit under current law. Ineligible buyers must then repay the credit to the IRS.

Oregon Congressman Earl Blumenauer, sponsor of one of the bills consolidated into Rangel's, said “it is absurd that thousands of Americans serving our country, away from friends and family ... must choose between their service work and home ownership.”

The Ways and Means committee's bill would waive the repayment requirement when a service member must sell a home within the 36 month period because of a transfer to a new duty station or overseas, and would count service-related absences toward the 36 month requirement.

Another provision in the bill would extend the $8,000 credit for another year for personnel who may have missed out on claiming the credit because they thought they wouldn't qualify due to an overseas posting.

The credit for these individuals would be extended to November 30, 2010 from November 30, 2009, provided the served outside the U.S. for at least 90 days during calendar year 2009.

The bill, which has bipartisan support, could be sent to the Senate for action as early as next week, Congressional sources told Realty Times.

More important for the housing market overall, however, is the precedent set by the bill's extension of the credit for an extra year. It's not a far leap from that position to a general extension of the entire $8,000 credit program to the same date.

The National Association of Realtors, National Association of Home Builders and the Mortgage Bankers Association jointly sponsored an ad campaign last week aimed at convincing Congress to give the credit program another year.

Financing the purchase of a home could be the most complex financial decision you'll every endure.

You need all the help you can get.

To help get you started with the basics, the Federal Reserve offers "5 Tips for Shopping for a Mortgage," because, well, the fundamentals always apply.

Don't bite off more than you can chew. Check your budget. You must have a budget so you can estimate what you can afford to pay for a home, including the mortgage, property taxes, insurance, and monthly maintenance and utilities.

You also have to have enough to save for emergencies. Plan ahead to have enough to afford your monthly mortgage payments for several years. Check your credit report to make sure that the information in it is accurate. A higher credit score may help you get a lower interest rate on your mortgage.

Shop around. Online and off, shop lenders, brokers, credit unions, government (city, county state) programs, even seller financing. Shopping around is a bear, but it can save you thousands of dollars.

Understand costs. Shopping around means scrutinizing loan costs and fees not just the annual percentage rate (APR) On any given day, lenders and brokers may offer different interest rates and fees to different consumers for the same loan, even when those consumers have the same loan qualifications. Keep in mind that lenders and brokers also consider the profit they receive if you agree to the terms of a loan with higher fees, higher points, or a higher interest rate.

Learn risks, benefits of loan options. Mortgages have many features -- fixed interest rates, adjustable rates, payment adjustments, interest-only payments, prepayment penalties, balloon payments and more. Consider all the features, including the APR and the settlement costs.

Have your lender calculate how much your monthly payments could be a year from now, and 5 or 10 years from now. A mortgage shopping worksheet can help you identify the features of different loans. Mortgage calculators can help you compare payments and the equity you could build with different mortgage loans.

Get advice from those you trust. Ask family, friends, co-workers, professional associates and others you trust for referrals. Talk with a trusted housing counselor or a real estate attorney that you hire to review your documents before you sign them. You can find a list of counseling resources at NeighborWorks and on the U.S. Department of Housing and Urban Development's (HUD) website or by calling (800) 569-4287.

Whether you're a buyer who suffered a foreclosure not long ago or you're a long-time renter interested in becoming a homeowner, the lease-to-own option may be good for you. I've written about this before (see my Lease to Buy May Be Good Option column) but a reader recently emailed me wondering where to find these rent-to-own properties. That question caused me take a closer look at this niche market. Here's what I found.

Wendy Patton, author of Rent to Buy, due out this month, talked to me about how to find the rent-to-buy properties and why potential buyers should research not only the property but the seller as well.

Patton recommends looking through Craigslist or the newspaper to find the properties. "I just call up owners [of properties for rent] and talk to them about their home," says Patton. She says your real estate agent can help with this process. Patton finds that many landlords whose properties are for rent actually would consider selling.

"Depending on where you are [located] in the country, 30 percent to 50 percent would say yes they would," says Patton.

Patton says that homes that have been on the market more than 120 days are a good starting place. She says buyers and their agents should investigate to make sure that the property is not upside down or an REO (real estate owned by the bank). "[Banks] don't do that yet but some of them might be starting to," says Patton.

The other thing Patton says to check is to see if the home is vacant. Of course, if a home is vacant that can put pressure on homeowners to consider a rent-to-own option. "Most of the time if the [homeowner] has already moved and they're not upside down, they obviously didn't have to sell to move so they're a perfect candidate to be a seller on a lease option or rent to own.

"They need to make sure the seller is not upside down. How do they confirm that? By looking at the mortgage statement through getting a mortgage authorization statement. … They need to make sure that the seller is not in foreclosure or going to go into foreclosure during that option period," says Patton. She says this is critical so that the buyers' payments are protected during the time that they are renting with the option to buy. Patton says buyers need to make certain "that the payment that they're making every month is going to be protected to go against that mortgage as a payment. In other words, instead of just paying the seller directly, maybe they should be paying the lender directly or through a third party that's going to pay the lender so that during that option period it's not swept out from underneath them in foreclosure," says Patton.

"Unfortunately, that's happened many times. Patton says, "[The buyer] gives the seller $10,000 or whatever the option is and then is making monthly payments when all of a sudden the sheriff shows up at their door and says 'You've got 24 hours to get out. The house has been foreclosed on.'" So even though the buyers were making payments to the seller, the sellers were not passing on the payments to the lender.

Other areas of concern are how repairs are handled. "Technically the seller is usually responsible for repairs if it's a rental but in a lease-to-own, it can be more equitably split. Maybe the buyer pays the first $500 and the seller pays anything over $500. The repairs are negotiable items," says Patton.

Inspections are absolutely necessary, says Patton. As with all home purchases, an inspection by a professional can help to expose any future problems with a property. The home inspection also allows buyers to identify trouble spots that they may want to use to negotiate repair procedures and price.

One other important consideration for renters interested in becoming buyers, whether you're doing a lease-to-own or not, is to use the rental period time to build or clean up your credit. "There's different credit repair companies that are reputable that can help them repair their credit," says Patton. She adds that it's vital to find a company that guarantees certain criteria that will be a benefit for the money they are spending in the credit repair program. Patton says before you begin a program do your research. "They have to have provisions of what the company is going to do for them and how the company is going to help [their credit score]." For more information on improving your credit score read my column called, What to do When Credit Card Debt is Keeping You Locked Out of Homeownership.

Where will home prices head this fall?  It depends, in large part, on how many more foreclosures are made available for sale, as a new study by LPS Applied Analytics, a real-estate research firm, makes clear.

LPS looked at the link between sales of bank-owned foreclosures (known as REO, for real-estate owned) and the rate of home price declines. In Michigan, for example, REO accounted for 64% of sales in the first half of 2009. Home prices declined by 47% over that time, though the decline falls to just 26% when excluding REO properties.

REO accounted for more than six in 10 sales in both Michigan and Nevada in the first half of the year, the highest in the nation. California and Arizona followed with an REO share of sales at 50%.  (See all state data on the share of REO sales here, and price declines for certain states here.)

If the share of foreclosure sales increase later this year–as banks complete efforts to modify loans and as fewer traditional sellers put their homes on the market–that could generate even larger price declines. One sobering conclusion from the study: fewer homes sold in the first half of the year compared to previous years in several states, even as the share of REO sales more than doubled.

States that haven’t had as many foreclosures have seen less severe price declines, according to the LPS study.  In Massachusetts, for example, REO sales accounted for 14% of all sales in the first half of 2009. Overall, prices fell by 19% in the state, and after excluding REO sales, prices were down by 15%