If someone is about to lose their home to foreclosure, then you can guarantee they’re feeling stressed. They’re probably being bombarded by calls and letters from creditors, and for many people it all becomes too much to handle. They close their eyes and hope it will all just go away.

Reality is, that it won’t, and as an investor interested in buying foreclosures, the hardest part can be convincing the homeowner that they really are going to lose their house unless they do something about it. It can also be difficult to convince them that you really are trying to help them, even though you are helping yourself make a profit at the same time.

When you’re dealing with foreclosures, time is of the utmost importance. You need to have enough time to bail out the homeowner and take over the property before it’s too late. That’s why it can be a good idea to subscribe to a foreclosure listing service – you get access to listings at the earliest possible time, and don’t have to use your valuable time looking for potential foreclosure properties from other sources.

Many people facing foreclosure have spoken to an attorney, and are convinced that bankruptcy is their only option. In most cases this isn’t true, but attorneys tend to stick to what they’re familiar with, which is bankruptcy, rather than mentioning other possibilities such as:

- Deed in lieu
- Straight sale
- Foreclosure presale
- Compromise sale
- Short payoff
- Workouts
- Assignment

There are still more options than these, which shows that bankruptcy definitely isn’t the only choice for the homeowner. When you’re dealing with a homeowner in foreclosure, make it clear that you’re offering an alternative to bankruptcy. Find out whether they really understand what bankruptcy will do to their credit history and how it will affect their future.

If you’re serious about buying foreclosure properties, then you need to become familiar with everything that’s required in the process, and check everything for every property you consider. These items include:

- Loan and mortgage documents
- Loan amount, monthly payment, and interest rate
- Any outstanding taxes
- Existing insurance policies
- Any other liens or judgments

Make sure you have enough information to complete all the necessary tasks before the foreclosure occurs. If there’s not enough time, don’t even bother starting. Having said that, learn as much as you can about ways to delay foreclosure, and help the homeowner to implement them all. If may just give you enough time to take over the property before the foreclosure auction.

Above all, focus on creating a solution where everybody wins. It’s never an easy time for the homeowner, so be prepared for plenty of anger, frustration and resentment – some of which may be directed at you. Walk away if it’s obvious the person doesn’t want to work with you. Find someone who is interested in finding a solution, show empathy for their situation, put together a strategy to get the best possible result for them, and before long you’ll find yourself with a good portfolio of investment properties.

Real Estate Road Kill Usa .com

Newest figures show that buyer’s are coming back into the real estate market drawn by huge price reductions. 2 years ago there was a critical shortage of affordable housing and now it’s turned into a stellar buyer’s market. It’s also estimated that as much as 40% of the homes sold are short sales, meaning the house is being sold for less than the amount of the seller’s mortgage balance.

When successful, a short sale transaction is a big WIN-WIN-WIN situation. Sellers are getting out from under their unmanageable mortgage obligation, banks are unloading inventory and buyers are getting the deals of a lifetime. Realtors® also benefit since most lenders will not consider short sale offers on For Sale By Owner properties. Realtors® experienced in “negative equity” transactions are in high demand.

The key to being able to take advantage of the current market crises is patience. When an offer is made on a property for less than what is owed on the mortgage the lender decides whether they are better off accepting the “short” offer or foreclosing on the property. Foreclosures are typically a losing proposition for both sides and the offers from qualified buyers are welcome. Unfortunately, lenders are unprepared to handle the volume of preforeclosure situations and the wait for a decision on a short sale offer is currently running from 1 to 4 months.

While an incredible opportunity for buyers, this type of transaction can be very frustrating for Realtors® and short sale negotiators. Mark Greene, owner/founder of Short Sale Operations, LLC in Jupiter FL, explains, “since the buyer’s “due diligence clock” doesn’t start ticking until the bank accepts an offer many deals don’t come to fruition even after months of fierce negotiating. The prospective buyer may have changed their plans during the long wait.

At this point the deep-discount price has been accepted by the lender and the contract must close in 30-45 days. The good news is that the lender doesn’t really care who the buyer is once the transaction reaches this stage. It is these deals (approved short sale offers with no immediate buyers present) that offer the precious low hanging fruit for opportunistic buyers. A new website, www.RealEstateRoadKillUSA.com is receiving national attention for bringing this inventory of approved offers to the public.

Realtors and buyers are flocking to it like bees to honey (or vultures to carrion). These are the absolute hottest deals in town and all the work has already been done to prepare them for closing. Simply, it makes sense to check this list as the absolute first step when shopping for residential real estate.

Whether you find yourself on the distressed or the opportunistic side of this market be sure you are working with real estate and mortgage specialists who can present all your options. Buying and selling in “short sales” situations requires specific knowledge of the procedure to be successful. Consultations are always free at Elite Lending, 561-575-5626 and via the RealEstateRoadKill Regional Licensees that will be operating shortly. We are all proud to be serving our community in these trying times.

When financing a property in today’s real estate market, the ability to get finance in the first instance, and the interest rate charged will all be a reflection of your credit score.

recent research shows that over two thirds of Americans have errors and other unverifiable information on their credit reports. These errors could be dragging down their credit score and in many instances result in credit denial. Odds are very good that your credit score is actually lower than it should be. The most unfortunate thing is that it is more than likely that you will be yet another one of the many millions of Americans who will continue to suffer with an unfair credit score because you will are not prepared to take the necessary action to repair your credit.

Most Americans want to believe that the credit reporting system works. That generally speaking people earn their bad credit by their irresponsible actions and that there is nothing they can do about it but let time take its course. But study after study shows the credit reporting system frequently does not work. This is why the Fair Credit Reporting Act and other consumer protection legislation give you the right to do something about it,the right to make sure your credit score as accurate as possible and consequently to ensure that you have the highest credit score possible.

So why is it that, even though everyone has the right to dispute the negative items in their credit reports, very few people actually ever do? It certainly isn’t be because they don’t understand the importance of a high credit score. After all, it doesn’t take a genius to figure out the benefits of a good credit score when it can be the difference between paying $2,500/month and $1,8000/month for the exact same house mortgage, or the diffence in car payment, insurance premiums and credit card interest rates.

The reason people do not repair their credit is usually a mix of apathy and lack of understanding of the credit reporting system as a whole, and a lack of understanding of the actions that can be taken. Lack of knowledge is generally a very costly excuse! Too many people assume the credit reporting system is some official government bureaucracy with an extensive system of checks and balances designed to ensure the safekeeping of their credit history. This couldn’t be further from the truth.

The credit bureaus at the center of the credit reporting system are not official organizations. Instead, they are massive, for-profit corporations that collect personal information from your creditors and make money by selling this information in the form of your credit reports, to anyone that wants the information.

So how do they ensure that this information is correct? If a creditor reports something that is incorrect, how do the credit bureaus make sure it doesn’t end up on your credit reports?

The answer to both of these questions, is they don’t. Your creditors report information, the credit bureaus record it, and for most people, that is the end of the story.

Nobody at the credit bureaus or in the government is going to make sure your credit reports are accurate, or even care if they are. The way the credit reporting system is set up, there is only ever one person who will bother to check up on your credit reports – and that person is you. You are ultimately the most important piece of the credit reporting puzzle.

Making sure your credit score is where it should be is your responsibility. Repairing your credit reports is a task you will have to initiate procatively because no one out there will do it for you.

It is your right and your responsibility to dispute the questionable negative items in your credit reports and the sooner you do so,the better. You can work to repair your credit on your own or you can enlist the help of a credit report repair firm like Credit Justice Services.

So regardless of Whether you attempt to repair your credit on your own or with the help of a credit repair expert, by taking an active role in the credit reporting system, you can ensure your credit score is as good as it can be and by doing so you will have an advantage over the millions of people out there with bad credit who haven’t taken any action to do something about it.

For more information visit: www.creditjusticeservices.com

For the sophisticated home buyer, the current market conditions present some unique
opportunities. Gone are the days when it is necessary to pay “full retail value”, unless
you are looking to buy a property with very unique characteristics, or in a very specific
location.

The current local inventory is full of “distressed” property listings. So how should you
proceed.

Firstly, I would recommend that all buyers work with a local expert. A well established,
local, full time, Realtor is the most able to correctly determine the current value of any
property.

There seem to be many “bargains” around, that are selling for a fraction of their previous
selling price. But are they really  such a “great deal?”  Your Realtor needs to complete a
“Comparative Market Analysis” (CMA), to determine the actual current value of any
prospective purchase. You may be surprised to learn that even though a property may
be listed for ONLY 60% of it’s previous selling price, that it is still overpriced by 10-15%
versus other competitive listed properties.

So be careful !

What should you be looking for ? What are the choices ?

Pre-foreclosures (short sales)

These are properties that are typically at some stage of the foreclosure process. At this
point the homeowners have determined that they will be unable to sell for a price, that
will allow them to pay off any existing notes & mortgages. They will have priced their
property at less than the existing debt and are waiting for offers.

Only when an offer has been received, can they start the “short-sale” process with
their lender. This process can take many months and there is no guarantee that the
lender will ever accept an offer – They are not obligated to do so !

So, as a buyer – do you have 6 or more months to wait for a decision?

Bank Owned REO

These are properties that have already been foreclosed, and now belong to the lender.
They are typically listed with a local Broker, and offers are then presented to the bank
for their approval. Again there is no guarantee that they will accept an offer. The time for
acceptance can take many weeks, and they are geared up to receive and consider multiple
offers.

There is no guarantee that the price of the REO is actually a good deal. Very often buyers
fall into the trap of assuming that because it is a “foreclosure” property owned by the bank
-that it must be a steal !  Often this is not the case.

Short Sale Approved (Road Kill)

These are pre-foreclosure properties, on which an offer has already been submitted and
approved. For various reasons the “buyer” is unable to close. This then means that the
price has already been negotiated and a new buyer can close, normally within 30 days.
At this stage the bank do not care who’s name is on the contract. They have already made
a decision to take a loss and are just looking to close the transaction, and get the property
off their books, as soon as possible.

So if you are looking for a quick decision, a quick close, and at a price that can be quickly
researched for a “steal”. Then ROAD Kill is for you.

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There are many ways to lose a home but signing away ownership in a manner that destroys credit, embarrasses the family and strips an owner of dignity is one of the hardest. For owners who can no longer afford to keep mortgage payments current, there are alternatives to bankruptcy or foreclosure proceedings. One of those options is called a “short sale.” The term has become very commonplace, due to the escalating number of owners facing foreclosure.

When lenders agree to do a real estate short sale, it means the lender is accepting less than the total amount due. Not all lenders will accept short sales or discounted payoffs, especially if it would make more financial sense to foreclose; moreover, not all sellers nor all properties qualify for a short sale.

If you are considering buying a short sale, there could be drawbacks. For your protection, I suggest that all borrowers:

* Obtain legal advice from a competent real estate lawyer
* Call an accountant to discuss short sale tax ramifications

Only work with realtors / investors who fully understand the process.

As real estate agents and investors, we are not licensed as lawyers or CPA’s and cannot advise on those consequences. Except for certain conditions pursuant to the Mortgage Forgiveness Debt Relief Act of 2007, be aware the I.R.S. will consider debt forgiveness as income, and there is no guarantee that a lender who accepts a short sale will not legally pursue a borrower for the difference between the amount owed and the amount paid. In some states, this amount is known as a deficiency. A lawyer can determine whether your loan qualifies for a deficiency judgment or claim.

Although all lenders have varying requirements and may demand that a borrower submit a wide array of documentation, the following steps will give you a pretty good idea of what to expect.

* Call the Lender
You may need to make a half dozen phone calls before you find the person responsible for handling short sales. You do not want to talk to the “real estate short sale” or “work out” department, you want the supervisor’s name, the name of the individual capable of making a decision.

* Submit Letter of Authorization
Lenders typically do not want to disclose any of your personal information without written authorization to do so. If you are working with a real estate agent, closing agent, title company or lawyer, you will receive better cooperation if you write a letter to the lender giving the lender permission to talk with those specific interested parties about your loan. The letter should include the following:

o Property Address
o Loan Reference Number
o Your Name
o The Date
o Your Agent’s Name & Contact Information

* Preliminary Net Sheet
This is an estimated closing statement that shows the sales price you expect to receive and all the costs of sale, unpaid loan balances, outstanding payments due and late fees, including real estate commissions, if any. Your closing agent or lawyer should be able to prepare this for you, if you do not know how to calculate any of these fees. If the bottom line shows cash to the seller, you will probably not need a short sale.

* Hardship Letter
The sadder, the better. This statement of facts describes how you got into this financial bind and makes a plea to the lender to accept less than full payment. Lenders are not inhumane and can understand if you lost your job, were hospitalized or a truck ran over your entire family, but lenders are not particularly empathetic to situations involving dishonesty or criminal behavior.

* Proof of Income and Assets
It is best to be truthful and honest about your financial situation and disclose assets. Lenders will want to know if you have savings accounts, money market accounts, stocks or bonds, negotiable instruments, cash or other real estate or anything of tangible value. Lenders are not in the charity business and often require assurance that the debtor cannot pay back any of the debt that it is forgiving.

* Copies of Bank Statements
If your bank statements reflect unaccountable deposits, large cash withdrawals or an unusual number of checks, it’s probably a good idea to explain each of those line items to the lender. In addition, the lender might want you to account for each and every deposit so it can determine whether deposits will continue.

* Comparative Market Analysis
Sometimes markets decline and property values fall. If this is part of the reason that you cannot sell your home for enough to pay off the lender, this fact should be substantiated for the lender through a comparative market analysis (CMA). Your real estate agent can prepare a CMA for you, which will show prices of similar homes:

o Active on the market
o Pending sales
o Solds from the past six months.

* Purchase Agreement & Listing Agreement
When you reach an agreement to sell with a prospective purchaser, the lender will want a copy of the offer, along with a copy of your listing agreement. Be prepared for the lender to renegotiate commissions and to refuse to allow payment of certain items such as home warranty plans or termite inspections.

Now, if everything goes well, the lender will approve your short sale. As part of the negotiation, you might ask that the lender not report adverse credit to the credit reporting agencies, but realize that the lender is under no obligation to accommodate this request.

In summary, it is best to work with a “short sale” specialist such as Total Real Estate Solutions who deal with lenders on a regular basis, and are experts in negotiating the “short sale” on a homeowner’s behalf.

Foreclosure

Foreclosure is a legal process (in most states) that results in the lender regaining title to the property due to nonpayment by the borrower.

When applicable, the court awards a deficiency judgment to the lender the amount of which is determined by the difference between what the house is eventually sold for (minus expenses) and the borrower’s mortgage balance.

The foreclosure remains on the credit report for 7 years. The statute of limitations on the judgment varies from state to state and 20 years is not uncommon. New lending guidelines extend the wait period for a new mortgage to 5 years BUT the judgment would need to be satisfied before any mortgage financing is allowed.

The combination of the foreclosure and the open judgment is devastating to the borrower’s credit score.

Deed-In-Lieu of Foreclosure

The borrower must document economic hardship and an inability to pay. If there is equity in the property (the home is worth more than the balance due) and there are no other liens, the lender may consider an exchange whereby the borrower surrenders the deed and is released of any obligation to the mortgage note.

If it is reported as a foreclosure (lender’s discretion) it will remain on the credit report for 7 years but there will not be an unpaid balance reported

Short Sale

If the lender is convinced that they cannot collect payment from the homeowner due to financial hardship they may accept a sale price of less than what is owed on the property.

The price is normally discounted from a quick sale price in an effort of avoiding the costs and risks of the foreclosure process. In some cases, usually where there are second liens involved, the borrower may still be obligated for an amount owed but the loan would be unsecured.

There are various ways for the lender to report the short sale, the most common of which are  “satisfied mortgage” or “paid settlement”. As a satisfied mortgage the only damage to the credit score is due to any late payments prior to the sale. A settled account is more damaging as it reflects it was not paid as agreed but, in both cases the damage pales in comparison to a foreclosure and deficiency judgment.

How the lender is going to report the short sale is rarely, if ever, a negotiable item.New mortgage lending guidelines require a 2 year wait after a pre-foreclosure sale.

Bankruptcy

Bankruptcy involves a settlement of debts through a variety of means. Bankruptcy is severely damaging to a credit score and remains on the credit report for 10 years.

Because there are no judgments involved the borrower may generally be eligible for new mortgage financing in as little as 2 years from the date of discharge.

This Blog will contain all sorts of information that owner occupant home buyers, investors and Realtors will find useful as they navigate through the maze of pre-foreclosures, short sales and REO’s.

As someone who has been negotiating “short sales” since the late 80′s (before they were even called short sales), I have learned a tremendous lot over the years about the whole process. This includes a lot of “tricks & tips”, that constantly change as the market changes around us.

The “Real Estate Road Kill” concept is a joint effort between Danny Poulos (mortgage broker) and Richard Butler (RE broker), who have both identified the need and opportunity to provide this listing service for others.

As the frustrations of working with banks, lenders has become even worse. There is a much easier way – and that is to work ONLY with short sales that have already been approved by the lending institution.

Get qualified, get ready to make an offer and close 30 days after acceptance, and get a real steal!!!!

Real Estate Road Kill USA .com