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Erin Bucaro had her eye on a four-bedroom home in Fairway Canyon, a golf community in Beaumont, Calif.

Driving around the neighborhood, she noticed papers posted on the door, a sign that a bank had taken it over. She’d have to move fast.

Bucaro lost out on a nearby foreclosure in February. By the time she put in an offer a week after it listed for sale, it had already gone to escrow.

This time the 29-year-old nurse made sure her offer would be first on the table the morning it listed.

The 3,000-square-foot home went up for sale at $227,000 — less than half of what it sold for brand-new a couple of years earlier.

Bucaro agreed to the list price, but asked the bank to pay $8,500 in closing costs. It countered at $234,000, including costs. Bucaro accepted.

Buyers are out in force — and aggressive — in many markets hard-hit by foreclosure, such as Riverside and San Bernardino counties in Southern California’s Inland Empire, where Beaumont is. Other major foreclosure spots are Las Vegas, South Florida and Phoenix.

With prices cut up to 50% from their peaks, low interest rates and $8,000 tax credits for first-time buyers like Bucaro, people are vying for bank-owned bargains as hungrily as speculators during the housing boom. Multiple bids are common.

“Supply and demand takes over,” said Mark Stark, owner-broker at Prudential American Group Realtors in Las Vegas, which has the highest foreclosure rate in the U.S.

Troubled Properties Sell

Homes banks took back and are selling off make up anywhere from 40% to 80% of the inventory in these markets. Many go at prices that barely cover construction costs.

“If you’re Mr. and Mrs. Smith and you want to sell your house, you can’t compete with the bank properties,” said broker Bob Wasson of ReMax Results in Moreno Valley, Calif.

Distressed homes made up a third of May sales, downwardly distorting the U.S. median existing-home price, the National Association of Realtors said this week. The median fell 16.8% from a year ago to $173,000.

In just the last year, purchase prices in top foreclosure markets dropped nearly 30%, by various first-quarter estimates. Miami fell even more.

Foreclosed homes in Riverside and San Bernardino counties are selling at 2000 prices. It’s the same in Las Vegas. South Florida is back to 2003.

“Foreclosures are devastating for values,” said Peter Zalewski, principal of Condo Vultures, a brokerage in the Miami area. “That said, as first-time buyers pick off properties, it’s working to stabilize prices.”

And clear out inventory: The number of unsold homes on the market at the end of May fell 3.5% from April to nearly 3.8 million, the NAR said.

Price Risk Persists

Some surveys suggest month-to-month price drops in hard-hit markets are getting less severe. But an expected new wave of foreclosures as payment-option adjustable rate mortgages reset higher, plus more job losses, might stall a recovery and push prices down further.

For now, though, demand for bank-owned homes in foreclosure-heavy spots is so high that contracts are being signed at prices above original, albeit deeply cut, listings. It’s especially true for homes in good shape.

“We have qualified buyers who are willing to pay more than the listed price,” said Garey Teeters, a broker with Coldwell Banker-Teeters in Yucaipa, Calif.

But appraisals often come in under the agreed-upon sales price, quashing the deal. “It’s the biggest problem we have now,” Teeters said.

Close to 20% of contracts over the last two months have been canceled due to low appraisals, he says, as new government appraisal guidelines make appraisers more cautious.

Prices have dropped the most — and are still falling — in exurbs farthest from urban coastlines. They include new developments bordering the Florida Everglades and the easternmost reaches of the Inland Empire in California, like Beaumont.

Taking advantage of the steep dip, a Jamaican banker is assembling a portfolio of $40,000 homes in Homestead, some 20 miles south of Miami. In this region, new housing tracts reach to the brink of the Everglades.

In Las Vegas, as other foreclosure markets, the low end is seeing the steepest drops. Here, homes going for $70 per square foot are common.

“If I had a bucket full of money, I’d buy 10 myself,” said Heidi Kasama, broker-owner at Windermere Summerlin Real Estate.

Investors Flash Cash

Stark says about 38% of Las Vegas deals are cash, indicating investor activity. Most financing is through government-insured Federal Housing Administration loans.

Bucaro says she “got into the perfect storm” of motivating factors. As first-time buyers, she and her ironworker husband get an $8,000 federal tax credit. And as an Air Force veteran, she qualified for a zero-down Veterans Affairs loan. She got a 30-year fixed mortgage at 4.85%. The couple and their two young children plan to move in by July 1.

“I’m so happy,” Bucaro said.

But real estate agents complain that moratoriums on foreclosures have kept back a lot of new inventory, limiting the number of homes they can sell to now-eager buyers. Also, they say banks are releasing foreclosed homes to the market in a slow and controlling way.

Bank Buys Take Time

Complicated guidelines for selling bank-owned homes also are slowing what would otherwise be a much faster sales pace, says Mike Novak-Smith, a broker with ReMax Results in Riverside, Calif.

In Las Vegas, inventory is about half what it was a year ago, brokers say. “If we got it back to 25,000 or 30,000, I’m very confident we could handle it. The market is selling about 3,500 homes a month,” Stark said.

But Teeters said, “The dam is about to break. We’re told that in July, banks will release more REOs (real estate owned by banks).”

Las Vegas broker Kasama sees more bank supply coming on as well.

“Banks have a large backlog of inventory they will bring back on the market,” she said. “That will continue to keep our prices low.”

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Scottsdale, Arizona-based National Short Sale Center says more than 50 percent of the homeowners it is working with to secure short sales have been approached by “circumspect individuals or companies” proffering fraudulent foreclosure rescue services.

With 20 percent of the nation’s homeowners underwater, the Obama administration recently introduced a new component of its Making Home Affordable program, aimed at steering struggling homeowners who do not qualify for a federal loan modification toward short sales. The government’s new plan will pay a servicer $1,000 for completing a successful short sale and will pay the borrower $1,500 to assist with relocation expenses.

While a short sale can prove to be a practicable alternative to foreclosure, National Short Sale Center says many struggling homeowners are confused about short sales and fall for deceptive offers, including phone calls, letters, advertisements, and e-mails (also known as phishing).

Travis Hamel Olsen, president of National Short Sale Center, stressed, “Under no circumstances should anybody be paying an upfront fee to complete a short sale. Unscrupulous companies use myriad ways to take advantage of unsuspecting homeowners. Usually if the deal seems too good to be true, then it probably is.”

FORECLOSURE SCAMS

Foreclosure and loan modifications scams are a growing area of concern for lawmakers, investigators, and the industry. The Federal Bureau of Investigation (FBI) is currently looking into more than 2,100 mortgage fraud cases-a 400 percent increase from five years ago. The recently enacted Fraud Enforcement and Recovery Act of 2009 allocates $500 million to the FBI, Justice Department, Secret Service, and Postal Service to combat mortgage fraud.

The types of fraud circulating include sale-leasebacks, quitclaims, stripping homeowner equity, and misleading homeowners into signing over deeds. And with the administration’s mortgage relief initiatives and its recent push for modifications, dozens of bogus companies with official-sounding names and fake Web sites mimicking the fonts and layouts of government sites claim to help struggling homeowners modify their mortgages. Some unsuspecting borrowers have fallen prey to unscrupulous con artists that take them for up to $7,000 before disappearing.

Olsen said, “The fraud usually comes through in the fine print, but foreclosure rescue teams and highly suspect scammers are basically taking homes through a variety of means, resulting in foreclosure and eviction.”

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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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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.

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