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WHY Pick RE/MAX?

There are lots of reasons why you might choose to select one agent or company vs another. Unless you have a best friend or relative who you “have” to use, I would like to show you how I am different. I believe I have an excellent value proposition as to why you would select me as your agent and RE/MAX as your company. I would welcome the opportunity to meet with you and discuss how I can help you meet your housing goals-whether it be buying or selling. Interview a couple of agents, you will see there is a difference. You may wonder how does RE/MAX stack up within the Twin Cities. The attached PDF’s will give you some market share information as well as agent productivity-based on a 2010 compilation of the numbers. While these are just some of the metrics on which to base your decision, success does leave clues. How can I help you?

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Down Payment Assistance Synopsis

Where there is a will, there is a way. There are many many programs today that are city specific. So, the attached synopsis is a multi county foreclosure down payment assistance pool. Basically, there is money available for purchasers of distressed homes. If you want to buy a home and are flexible in which area you make your purchase, we can try to find you some programs.

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Gifts and Grants can be considered towards borrowers funds on certain 3% down conventional loans

Yes, you read that right. I just got an email today from a leading mortgage insurance company that is willing to underwrite this loan. You will need at 740 or better score. But, what an opportunity. In many ways, this is like FHA, but with a little higher credit threshold. The KEY difference, besides credit score, is the lack of an upfront MI (mortgage insurance) premium and as well as a smaller required monthly premium. This product could be a game changer for the MI company and conventional loans.

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Purchase 80/10/10 and 80/5/15 STILL exists

As of this post, the 80/10/10 and 80/5/15 can still be done. While underwriting has allowed it, it has been very difficult to find a second mortgage product that would write a 5 or 10% second mortgage. Well, after many phone calls, we have sourced two lenders who at this time are willing to offer the second mortgage. One is a bank and the other is a credit union. As with EVERY program, the rules can and do change at any given moment. The key to both product is extremely high credit scores and a file that utilizes conservative ratios. If you don’t have at least a 700 score, this might not be something you can utilize at this time. For the 80/10/10, you will need a 740 or better score.

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What Is Your Home Worth Today?

I found a cool resource at http://www.FHFA.gov. If you go there, in the middle of the page you will find something called the Home Price Calculator. You input your home purchase information in terms of State, quarter in which you purchased and the quarter in which you’d like to get the valuation. Next, you hit calculate, and it will show you a chart. While it isn’t specific to YOUR exact home, it does give trends for your area. If you want specific information-specific to your home-within the Twin Cities metro-give me a call and we can discuss your situation. I can then give you guidance on what the value might be.

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Did you know-Current & Future Housing Data

Watch this video-then call me to help you buy or sell a new home or investment property.

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8 Tips For Finding Your New Home

A solid game plan can help you narrow your homebuying search to find the best home for you.

House hunting is just like any other shopping expedition. If you identify exactly what you want and do some research, you’ll zoom in on the home you want at the best price. These eight tips will guide you through a smart homebuying process.

1. Know thyself
Understand the type of home that suits your personality. Do you prefer a new or existing home? A ranch or a multistory home? If you’re leaning toward a fixer-upper, are you truly handy, or will you need to budget for contractors?

2. Research before you look
List the features you most want in a home and identify which are necessities and which are extras. Identify three to four neighborhoods you’d like to live in based on commute time, schools, recreation, crime, and price. Then hop onto REALTOR.com to get a feel for the homes available in your price range in your favorite neighborhoods. Use the results to prioritize your wants and needs so you can add in and weed out properties from the inventory you’d like to view.

3. Get your finances in order
Generally, lenders say you can afford a home priced two to three times your gross income. Create a budget so you know how much you’re comfortable spending each month on housing. Don’t wait until you’ve found a home and made an offer to investigate financing.

Gather your financial records and meet with a lender to get a prequalification letter spelling out how much you’re eligible to borrow. The lender won’t necessarily consider the extra fees you’ll pay when you purchase or your plans to begin a family or purchase a new car, so shop in a price range you’re comfortable with. Also, presenting an offer contingent on financing will make your bid less attractive to sellers.

4. Set a moving timeline
Do you have blemishes on your credit that will take time to clear up? If you already own, have you sold your current home? If not, you’ll need to factor in the time needed to sell. If you rent, when is your lease up? Do you expect interest rates to jump anytime soon? All these factors will affect your buying, closing, and moving timelines.

5. Think long term
Your future plans may dictate the type of home you’ll buy. Are you looking for a starter house with plans to move up in a few years, or do you hope to stay in the home for five to 10 years? With a starter, you may need to adjust your expectations. If you plan to nest, be sure your priority list helps you identify a home you’ll still love years from now.

6. Work with a REALTOR®
Ask people you trust for referrals to a real estate professional they trust. Interview agents to determine which have expertise in the neighborhoods and type of homes you’re interested in. Because homebuying triggers many emotions, consider whether an agent’s style meshes with your personality.

Also ask if the agent specializes in buyer representation. Unlike listing agents, whose first duty is to the seller, buyers’ reps work only for you even though they’re typically paid by the seller. Finally, check whether agents are REALTORS®, which means they’re members of the NATIONAL ASSOCIATION OF REALTORS®. NAR has been a champion of homeownership rights for more than a century.

7. Be realistic
It’s OK to be picky about the home and neighborhood you want, but don’t be close-minded, unrealistic, or blinded by minor imperfections. If you insist on living in a cul-de-sac, you may miss out on great homes on streets that are just as quiet and secluded.

On the flip side, don’t be so swayed by a “wow” feature that you forget about other issues—like noise levels—that can have a big impact on your quality of life. Use your priority list to evaluate each property, remembering there’s no such thing as the perfect home.

8. Limit the opinions you solicit
It’s natural to seek reassurance when making a big financial decision. But you know that saying about too many cooks in the kitchen. If you need a second opinion, select one or two people. But remain true to your list of wants and needs so the final decision is based on criteria you’ve identified as important.

G.M. Filisko is an attorney and award-winning writer who has found happiness in a brownstone in a historic Chicago neighborhood. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

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4 Tips to Determine How Much Mortgage You Can Afford

By knowing how much mortgage you can handle, you can ensure that home ownership will fit in your budget.

Here are six surefire ways you can get your finances in order before you buy a home.

Homeownership should make you feel safe and secure, and that includes financially. Be sure you can afford your home by calculating how much of a mortgage you can safely fit into your budget.

Instead of just taking out the biggest mortgage a lender qualifies you to borrow, consider how much you want to pay each month for housing based on your financial and personal goals.

Think ahead to major life events and consider how those might influence your budget. Do you want to return to school for an advanced degree? Will a new child add day care to your monthly expenses? Does a relative plan to eventually live with you and contribute to the mortgage?

Still not sure how much you can afford? You can use the same formulas that most lenders use, or try another of these traditional methods for estimating the amount of mortgage you can afford.

1. The general rule of mortgage affordability
As a rule of thumb, you can typically afford a home priced two to three times your gross income. If you earn $100,000, you can typically afford a home between $200,000 and $300,000.

To understand how that rule applies to your particular financial situation, prepare a family budget and list all the costs of homeownership, like property taxes, insurance, maintenance, utilities, and community association fees, if applicable, as well as costs specific to your family, such as day care costs.

2. Factor in your downpayment
How much money do you have for a downpayment? The higher your downpayment, the lower your monthly payments will be. If you put down at least 20% of the home’s cost, you may not have to get private mortgage insurance, which costs hundreds each month. That leaves more money for your mortgage payment.
The lower your downpayment, the higher the loan amount you’ll need to qualify for and the higher your monthly mortgage payment.

3. Consider your overall debt
Lenders generally follow the 28/41 rule. Your monthly mortgage payments covering your home loan principal, interest, taxes, and insurance shouldn’t total more than 28% of your gross annual income. Your overall monthly payments for your mortgage plus all your other bills, like car loans, utilities, and credit cards, shouldn’t exceed 41% of your gross annual income.

Here’s how that works. If your gross annual income is $100,000, multiply by 28% and then divide by 12 months to arrive at a monthly mortgage payment of $2,333 or less. Next, check the total of all your monthly bills including your potential mortgage and make sure they don’t top 41%, or $3,416 in our example.

4. Use your rent as a mortgage guide
The tax benefits of homeownership generally allow you to afford a mortgage payment—including taxes and insurance—of about one-third more than your current rent payment without changing your lifestyle. So you can multiply your current rent by 1.33 to arrive at a rough estimate of a mortgage payment.

Here’s an example. If you currently pay $1,500 per month in rent, you should be able to comfortably afford a $2,000 monthly mortgage payment after factoring in the tax benefits of homeownership.

However, if you’re struggling to keep up with your rent, consider what amount would be comfortable and use that for the calcuation instead.

Also consider whether or not you’ll itemize your deductions. If you take the standard deduction, you can’t also deduct mortgage interest payments. Talking to a tax adviser, or using a tax software program to do a “what if” tax return, can help you see your tax situation more clearly.

G.M. Filisko is an attorney and award-winning writer who’s owned her own home for more than 20 years. A frequent contributor to many national publications including Bankrate.com, REALTOR® Magazine, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

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Minnesota Foreclosure comparison report

A very interesting year over year foreclosure report was just released. It takes the MN foreclosure crisis and breaks down the data into micro data. It is definitely worth looking at if you want to identify trends and opportunities.
http://www.hocmn.org/Stock/Editor/file/REPORTS/2010_YrEnd_ForeclosureCount/2010_Annual_ForeclosuresInMN.pdf

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Two Special Twin Cities Home Buying Programs

One program is called FPP-Foreclosure Partnership Program, and the other is NSP2 Homebuyer Assistance Program.  Both programs offer incentive money for a purchase.  I can use these financing programs with one of our mortgage investors.  Consider checking them out to see if they’d work for you.

HennipenCounty-Non-forclosedHomes-overview

HennipenCounty-Nsp2-overview

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You CAN do an FHA short sale

HUD recently issued guidance on this issue. IF you have an FHA loan, call me and we can work through the discussion of whether or not you may qualify for a short sale. See the HUD letter below.

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HAFA Update-More Beneficial

Apparently the OLD HAFA wasn’t as successful as hoped. Yet, the program had some great attributes. They’ve just tweaked it, and are about to roll out a new improved version. See the sheet between for a comparison. The ability to pay the second lien holder a larger amount to make a settlement is what I feel will allow more HAFA short sales to close.

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Rebuilding Credit To Get A Mortgage

Often, especially in this market due to the recession, we find potential home buyers who have had a life event or “bump in the road” that affects their ability to obtain a new loan. If you want to buy a home, you will have to have a certain number of reporting trade lines and for certain length of time. MOST mortgage programs require 3-5 trade lines and a minimum of two years of reporting. The other criteria is the actual credit score-which generally has to be 620, 640 or even 660 as it is all lender dependent. A manual underwriting where they use alternative credit such as rent payments, cell phone bill, utility bills, and the cable bill might be able to be used-but only with a few certain programs and lenders. So, the best bet is to re-establish credit as quickly as possible. HOW ABOUT NOW!! Don’t wait-it will only extend the time until you are going to be eligible. I have put together a list of resources that might be helpful. This list is only a starting place for your research. If you find another good resource please post it in the comments below so that the list can be expanded upon.

TOP IDEAS FOR CREDIT RE.doc

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Projected Loss Severity Of A Foreclosure-both 2010 & 2011

Short sales are probably going to be the loss mitigation method of choice.  When you look at the loss severity of a foreclosure, you can see why some other method might be preferable.  Look at the Fitch ratings report here and see for yourself.  This may be useful information when negotiating with the banks and servicer.

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Buying Rental Property In The Twin Cities

Have you ever wanted to own rental property, but were unsure where to start? I teach a class on the topic. I’ve decided to make the outline into a PPT. I cover the information in my class in much more depth and breadth, but this will give you a lot of useful information. If you are interested in discussing purchasing a rental property as an investment, just give me a call and we can set up a time to meet and review how I can help you become a “real estate mogul”.

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Mortgage Insurance May Still Be Deductible For Some Buyers

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Is There An Opportunity Right In Front Of YOU

I just watched an amazing video which I’ve posted below called the Money Tree. There are so many different interpretations. One that struck me was that people are oblivious to opportunity that is right in front of them. How many of us are looking for something that we already have or is within our reach? How many people are NOT buying real estate today when they could be looking at this as an incredible wealth building opportunity for what it is over the long term-assuming properties rise again in value? I was showing homes this past weekend. It was incredible to see townhomes in great communities selling for 40-60% less than they had sold for just as little as 5 years before. Luckily for my client, we are going to make an offer and ACT. Watch this video and don’t let the opportunities in your life pass you by. Don’t let life pass you by. Happy New Year and may 2011 be your best yet!

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December Is The Time To Reflect

Are each of us doing all we can to make the world a better place? Many of us have our favorite charity and organizations we support. RE/MAX is a very large sponsor of Children’s Miracle Network. Many people don’t realize how much has been given. Each time I sell a home, I automatically donate a portion of my commission to this organization. Other RE/MAX agents like myself contribute from their commission checks as well. Together, with RE/MAX we have collectively given over 100M. I would encourage everyone to consider finding an organization they believe in and make giving a part of their life. Just imagine what the world could look like?

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Short Sales Are Today’s Investor Opportunity

Short sales can be win win transactions for everyone. Take a look at the video and give me a call to get started.

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Getting Ready to Sell Your House

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HUD Has A YouTube Channel-Here Is There Vid On Buying A Home

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Google lets you create cool templated websites

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Can Home Ownership Contribute To Your Wealth?

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Minnesota Foreclosure And Distressed Home Fact Sheets PLUS Twin Cities First Time Buyer Special Programs

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What Does The Foreclosure Moratorium Mean To A Distressed Homeowner?

Check out the PDF and share with your friends/family who might need this information.

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Minnesota First Time Home Buyer Tips

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Top Seven Tips For Home Buyers

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The Difference Between Judicial And Non-Judicial Foreclosures

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Foreclosure resource page

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Possible Effects From The Foreclosure Halt

By Rob Minton & John Mazzara

In case you’ve somehow missed it, many of the largest U.S. mortgage servicing companies have halted foreclosures. Ally Financial’s GMAC Mortgage, Bank of America, JP Morgan and PNC have stopped foreclosures in many states – BOA has, in fact, put a moratorium on foreclosures in all 50 states.

Pressing the pause button on foreclosures came as the result of several states’ attorneys general inquiring into the validity of foreclosure judgments for which mortgage servicers did not properly handle documents.
The “blind stamping” of documents – signing off on documents without really reading them – has come under fire after one manager admitted to signing off on about 8,000 foreclosure documents a month without reading them to verify facts. The mortgage companies have halted foreclosures while they investigate practices in their foreclosure processes.

Of course, it being an election year and all, members of congress are calling for a federal probe of lender misconduct. In the short-term anyway, the halt in foreclosures might give some struggling homeowners a little extra time to get on their feet. It might finally lead to overworked employees at busy banks getting the help they need to properly handle foreclosures, and it should make banks a little more willing to work with homeowners to modify distressed loans. With fewer foreclosures hitting the market, home values in some areas might creep up.

There are some long-term effects, though, that can’t be ignored. And some of them are downright troubling.
First, the halting of foreclosures for any period of time by banks that hold as many mortgages as these firms do is going to stop up the pipeline. Tons of foreclosed homes hit the market over the past two or three years, but there are more coming. Stalling that flow of homes now is going to drag out the process for a longer period of time. That means, for one, likely longer pressure on home values. Most experts will agree: The inventory of unsold homes on the market, many of them foreclosures, has to get smaller before home values will stabilize completely.

The effect on the volume of homes sales could be staggering if the moratorium lasts longer than a month or two, and/or if more servicing companies join the party. Across the U.S., foreclosures make up about 30 percent of all home sales. In California, Florida, Nevada – the states that have been hit hard by foreclosure – they make up a considerably larger percentage of all sales.

It’s also safe to assume that title insurance companies are going to be reluctant to insure titles on homes that have been foreclosed. That could be a huge problem because no lender is going to make a loan on home without an insured title. And what happens if the bank has already re-sold homes that were invalid foreclosures? Are the title insurance companies going to have to pay the new buyers?

On top of all that, the whole mess is going to make potential real estate buyers even more nervous about the market, which is already dealing with a huge drop in demand since the federal government’s tax credits for home buyers expired. Perhaps the delay in the flood of foreclosed homes to the market will give time for demand to return, but more likely is yet another “doom and gloom” real estate scenario that will scare buyers and investors off.

Hopefully, the big lenders agreement to halt foreclosures was a gesture of good faith made to the attorneys general, a sign that the firms are taking seriously the matter of following proper procedure in foreclosures. Hopefully, investigations will determine that for the most part, the banks are doing things the right way and will be able to move on.

Because while the short-term effects of the halt might seem attractive, a long-term foreclosure problem would not be good for anybody involved in real estate. In Minnesota, the market has definitely slowed, but some of this is seasonal. I think that the foreclosure issue will put more pressure on all parties involved to pursue short sales. Short sales are generally less expensive-in terms of loss-to the lender. Also, a short sale generally is viewed more positively on your credit. So, why aren’t more short sales being pursued? Rather than give you my conspiracy theory and explain who makes money throughout the foreclosure process, I would simply encourage you to follow the money.

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Monitor Foreclosure Fraud From Around The Country

Have you heard of the “think big work small” guys?  Unless you are in the mortgage or real estate industry, you may not know who they are.   In a nutshell, they are awesome.  They produce a 5 minute daily video synopsis of what’s happening in our industries.  Today’s video referenced a new site called http://www.4closurefraud.org I went there to take a look.  It is another excellent resource for anyone who wants to monitor articles and information regarding foreclosure fraud-meaning foreclosures done incorrectly with the likes of robo signers, faulty documentation, and more.  Go there and bookmark for future reference.

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Lenders Are Halting Foreclosures-Temporarily

Not all lenders, but a few of the largest-including Bank Of America- have recently suspended foreclosures in all 50 states. What will be the outcome and when will they move forward again with the process? It is all an unknown at this time. What we do know, is that they may not have processed the paperwork properly. Now, it appears they will be reviewing everything twice before they go forward. Ultimately, the end result will probably end with the home being foreclosed upon if the homeowner is actually behind and there hasn’t been a modification. But for many, this reprieve will probably be a nice relief in this tough economy. Here is a link to a recent article from our local paper http://www.startribune.com/business/104612084.html?page=3&c=y

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Here’s What The Federal Reserve Has To Say

There is an interesting report from the Federal Reserve entitled REO and Vacant Properties http://www.bos.frb.org/commdev/REO-and-vacant-properties/REO-and-vacant-properties.pdf You can read/download the report at this link.

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Data.gov – A Cool Site With Lots Of Great Info

http://www.Data.gov I just found this site and wanted to share it.  It has a ton of info and reports.  If you have a project or just an “inquiring mind”, this is sure to be a hit.  Check it out and get the data you need.

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Homepath.com is Fannie’s Foreclosure Portal

Fannie Mae posts their foreclosured properties with a Realtor of their choice and also on http://www.HomePath.com.  What is cool about a Homepath property is that many times they will qualify for Homepath loans (requiring only 3% down) and no appraisal.  They also have a homepath Renovation loan.  There is a program called FirstLook, which allows certain selected developers and non profits to purchase these homes for rehabilitation first, so you might loose a home that is really a good deal. Still, don’t let this deter you.  I recently sold a home in Brooklyn Center that was a HomePath property.  It was pretty nice, just a little dirty. Because it was in very good shape, we were able to use FHA financing.  I’ve found that FHA financing is cheaper than Homepath with a minimum down payment.  We’ll have to see if that changes in the future.

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What Homeowners Need to Know When Facing Foreclosure

By David Stitt

Understanding the Foreclosure Process

What Is Foreclosure?

Foreclosure is the process that allows a lender to recover the amount owed on a defaulted loan by selling or taking ownership (repossession) of the property securing the loan. The foreclosure process begins when a lender files the appropriate documents with the appropriate officials (see below for more details).

Colorado Foreclosure Laws

Colorado foreclosures occur through both in-court (judicial) and out-of-court (non-judicial) proceedings.

The judicial process is used when no power of sale is present in the mortgage or deed of trust. The process begins when the mortgage lender files suit with the court system. The borrower then receives a letter from the court demanding payment. Typically, you’ll be given 30 days to respond with payment or a written response to the bank’s attorney and parties involved. If you do not respond within the time limit given, a judgment will be entered and the lender can request sale of the property by auction. If you file a written answer with the court, there is a hearing and the process takes longer and can even be forestalled. If a judgment is entered, then an auction date will be set, usually several months in the future. Once the property is sold, you’re served with an eviction notice by the sheriff’s office, and you must vacate the home immediately.

The most commonly practiced method of foreclosure in Colorado is the non-judicial foreclosure process. It is carried out by a Public Trustee who acts as an impartial party. The process begins when the lender files the required documents with the Public Trustee of the county in which the property is located. The Public Trustee then files a “Notice of Election and Demand” (NED) with the county clerk and recorder. Once the NED is recorded, the Public Trustee Sale of the property is scheduled to take place between 110 and 125 days of the recording.

Pre-foreclosure Period

Many factors can lead to default of payment on a home loan and eventually foreclosure. Many are not the fault of the homeowner. Perhaps it is due to a hardship (loss of income, military deployment, health or family issues) or to “loan fraud” or “creative financing” by the banks (Adjustable Rate or ARM, Option ARM, Negative Amortization, or Interest Only loan). Whatever the cause, facing foreclosure is not an enjoyable experience.

The foreclosure process usually begins after the homeowner has missed several payments and different attempts have been made by the bank to collect. Let’s look at what typically takes place and what you can normally expect.

Day 1: You miss your first payment

Day 1-15: Grace period (Some lenders only allow 10 days)

Day 16-30: A late charge is assessed

Day 30: Borrower is in default

Day 45-60: Lender sends “demand” or “breach” letter, and phone calls begin

Day 60-90: Lender sends letters and makes phone calls. A repayment plan or a loan modification plan may be offered.

Day 90-105: The lender refers the loan to the loss mitigation department/foreclosure department and retains an attorney to handle the foreclosure.

Day 90-?????: The lender’s attorney files the required documents with the Public Trustee, who then files a NED with the county clerk and recorder. Once the NED is recorded, the property is scheduled to be sold within 110-125 days at a Public Trustee Sale.

Notice of Sale / Auction

Once the NED (Notice of Election and Demand) is recorded, the notice must be published in a newspaper of general circulation within the county where the property is located for a period of 5 consecutive weeks. The Public Trustee must also mail a copy of the published notice to the homeowner within 10 days. At least 21 days before the Public Trustee Sale, the Public Trustee must mail a notice to the homeowner describing how to redeem the property and stop the sale.

If the homeowner wants to redeem the property and stop the Public Trustee Sale, he must file an “Intent to Cure” with the Public Trustee’s office at least 15 days prior to the foreclosure sale. He then has up till noon of the day before the sale to bring the loan current and redeem the property.

The Public Trustee typically conducts the sale at the courthouse. Bidders must register in advance and have funds available. At the sale, the public trustee reads the written bid submitted by the lender, then any registered party may bid. The winning bidder is given a certificate of purchase.

Redemption Period

There is no longer any redemption period for the homeowner after a foreclosure sale in Colorado.

How to Avoid Foreclosure -What Are Your Options?

FORECLOSURE!

It’s a harsh word that most people avoid thinking about…until they have to. If you are several months behind on your mortgage, without money for professional help, and at the end of your rope…foreclosure may be the ONLY thing you can think about. It preys on your mind and leaves you feeling lost and vulnerable to the come-ons of the unscrupulous ‘professionals’ who say that they are experts in foreclosures, but aren’t. STOP!

You may be in a difficult situation, but it is not hopeless. Foreclosure is not your only option! My name is David Stitt, and I’ve got good news for you. You do have alternatives. You just can’t see them right now. But by the time you finish this short guide, your vision will have cleared and options for your future…good options…will be right before your eyes.

You are not alone! In the United States, foreclosure filings have increased consistently over the past few years, with more new foreclosures reported in every quarter, pushing the foreclosure market to record levels. So you are not alone. But if you’re like the many thousands of people facing foreclosure, you’re scared and confused. You’re overwhelmed by the legal mumbo-jumbo of foreclosure litigation. You don’t know who or what to trust. You’ve undoubtedly been pinned to the mat by Realtors and Attorneys, warning you about the dire consequences you’ll face if you don’t use their services. Or maybe you’ve worked with mortgage brokers. They promise the world – or world-class loans – and then they don’t deliver. And then there’s the holder of your mortgage who is unwilling (maybe after months of negotiating) to budge an inch when it comes to working out a more affordable payment plan.

After all you’ve probably been through, I’m not surprised that you’ve given up hope for a ‘good’ solution and may feel resigned to accepting foreclosure and the years of damage it will do to your credit rating. Once again, STOP! Don’t fall into despair. Things are not as bad as they seem. There are other options.

A helping hand when you need it.

This Survival Guide is exactly what the name says it is: a simple, no-nonsense approach to foreclosures. It was created to help you and other homeowners become better informed about the details of the foreclosure process. I believe that knowledge is power…and I hope that this guide will give you the power to avoid foreclosure entirely.

Once you know the facts, you’ll be able to make a well-reasoned and thoughtful decision and then take action with the confidence that you’re doing what’s best for you.

On the next couple of pages, we are going to take a look at your different options and the pros and cons of each. You will be given the information you need to make a well-educated decision regarding your situation.

What Are Your Options?

Forbearance

Forbearance is a payment plan that a debtor enters into with a lender when they are unable to make timely payments, often due to illness or another temporary situation. In forbearance, the lender will allow you to delay payments for a short period. You agree that after missing payments for a few months you will bring the account current by making larger payments. The problem is, more than 85% of debtors default after the first payment. They cannot continue to make the inflated payments after the forbearance period ends, and they are right back where they started.

Loan Modification

A loan modification is a permanent change in one or more of the terms of a mortgagor’s loan. This may help you catch up by reducing the monthly payments to a more affordable level. You may qualify if you have recovered from a financial problem and can afford the new payment amount. However, Loss Mitigation Departments are now undermanned, under experienced, and overworked. Nightmare stories abound on the subject of patrons having to hound and harass Loss Mitigation Departments to get their paperwork pushed through to escape foreclosure. After all the hassle, most homeowners are still denied any help and end up in foreclosure.

Partial Claim

Your lender may be able to work with you to obtain a one-time payment (loan to be paid at end of mortgage) from the FHA-Insurance fund to bring your mortgage current. You may qualify if your loan is 4-12 months delinquent and you are able to start making full mortgage payments.

Deed-In-Lieu (Voluntary Foreclosure)

As a last resort, you may be able to voluntarily “give back” your property to the lender. You may qualify if you are in default and don’t qualify for any of the other options, your attempts at selling the house before foreclosure were unsuccessful, and you don’t have another FHA mortgage in default. “Foreclosure” will most likely be reported on your credit report.

Loan Assumption

This is where someone else takes over the payments of your loan, usually in exchange for your property. Loans made after 1988 are almost never assumable.

Bankruptcy

Many debtors will spend a lot of money for an attorney to file a Chapter 13 bankruptcy – which is really a payment plan – only to lose the house. In essence you are paying the attorney instead of the lender. Before acting, know how much the process will cost and what your new increased monthly payment will be. Also know that if you miss one payment, your Chapter 13 will be dismissed and you will need to file Chapter 7. This will cost more attorney fees, assets, including your house will be liquidated and your credit report will still show a foreclosure.

Sale of Property

If the homeowner has equity in the property they can and should consider selling the property. The homeowner will receive a check at closing for equity over and above what is owed and closing costs paid. Most homeowners in foreclosure, however, have little or no equity. Be careful listing with a Realtor that can tie up your property for months.

Do Nothing

When it comes to the threat of foreclosure, procrastination is a prescription for disaster. Doing nothing changes nothing. Unless you take action, you will end up in foreclosure and your credit will suffer for the next 5-7 years.

Pre-Foreclosure Sale (Short Sale)

The pre-foreclosure sale program allows the lender in default to sell his/her home and use the net sale proceeds to satisfy the mortgage debt, even though these proceeds are less than the amount owed. It has two major advantages over a foreclosure: (1) You may be eligible for a new home loan after just 2 years instead of 5. (2) You should be able to avoid a deficiency judgment. When a house is sold at auction, the chances of the foreclosing lender filing a deficiency judgment increases dramatically. They will have years to come after you or to sell it to someone else who will.

As you can see, there are several options to consider – but consider you must! You cannot afford to stick your head in the sand like an ostrich and do nothing. Being in the state of denial is a bad state to be in! And as we said earlier, procrastination is a prescription for disaster.

Questions You Need to Ask

Questions You Need to Ask Yourself

1. If I file Chapter 13 Bankruptcy, will temporary relief from my monthly mortgage payments mean that I will be able to stop foreclosure forever…or will I be unable to keep up with my payments when they resume and I end up in foreclosure again?

2. If I choose Forbearance or a lender payment plan that gives me temporary relief from payments I can’t afford now….will I be able to afford the inflated monthly payments that I’ll have to make in the future, or will I end up in foreclosure again?

3. If I am unable to meet my monthly expenses now, can I commit to a payment plan…or should I just give up my house to a lender with a Deed In Lieu and accept the bad foreclosure mark on my credit history?

4. If I do something now, will I have more options available to me…or should I wait until the sheriff is at my doorstep with an Order to Vacate and hope that he/she will show me mercy?

5. If I consult with an experienced Real Estate Investor, will I be able to get out of this situation without ruining my credit…or is my only option to spend thousands of dollars for Attorney fees, Realtor commissions and still run the possibility of losing my house?

Questions to Ask Your Mortgage Broker

1. Do you guarantee in writing that you will close my loan before my case goes before a judge in court?

2. What interest rate will you charge?

3. How many points do you charge?

4. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

5. What will the total of all closing costs be?

Questions to Ask Your Attorney

1. If I file for Chapter 13 bankruptcy, will it stop foreclosure or just stall it?

2. What are your fees for filing bankruptcy papers and handling my case?

3. What will my monthly payments be compared to what they are now? Higher? Lower? The same?

4. What happens if I default on my payments because I can’t make them?

5. Can’t I file a bankruptcy myself at the courthouse and save thousands of dollars?

Questions to Ask Your Realtor

1. Do you guarantee in writing that you’ll sell my house before my case goes before a judge in court?

2. Do I have to pay your commission if I find someone on my own who wants to buy the house?

3. How much do I owe you if you don’t sell the house and I lose it to foreclosure due to a judge’s ruling?

4. If the sale price doesn’t cover my indebtedness and your commissions, do I have to reach into my own pocket to pay you?

5. How long will your listing contract tie up the house and entitle you to a commission?

Questions to Ask Your Foreclosing Lender

1. Can you work out a payment plan (forbearance) with me and will you put everything in writing before I agree to it?

2. If I agree to these terms, will you agree in writing to stop the foreclosure?

3. What will my monthly payments be, compared to what they are now? Higher? Lower? Same?

4. If I’m late on this payment plan, do you start where you left off with the foreclosure?

5. Since forbearance means a big increase in monthly payments, can you tell me how many people end up back in foreclosure because they cannot afford the monthly payment?

What To Do Now

Step 1: Get answers to your questions.

Not only do you need answers to the questions above, but there may be other questions you are asking yourself. Don’t be intimidated by the ‘experts’ you’re consulting. Remember they work for you.

Step 2: Make a decision…and follow through on it!

Once you have the facts you can decide on how to proceed and who you need to help you. The sooner you act, the sooner you can reverse the downward spiral and change your credit from bad to better.

Step 3: Act Now!

After you’ve done your homework and feel you’ve come to an informed decision, you’re halfway there. Don’t let inertia set in. Don’t procrastinate. ACT NOW before your window of opportunity closes.

One final thing to consider: Get a Forensic Loan Audit!

A large majority of the loans made during the last 10 years, especially sub-prime and adjustable rate mortgages were not done properly and have errors and violations.

The Forensic Loan Audit is the FIRST STEP you should take to properly prepare for any type of litigation or any type of solution when dealing with your lender. Audits are used as a valuable tool to get your file to the top of the lender pile and to get your case noticed and heard!

The more violations found in your mortgage, the more LEVERAGE you have to argue your case against your lender. With millions of homeowners requesting financial solutions, it is increasingly more difficult to get the results you want when you need them. You need every tool, every amount of leverage possible! The Forensic Loan Audit is that tool!

David Stitt
1-866-666-2269 ext 504
http://www.NewHopeAudits.com
davidstitt@mail.com

Article Source: http://EzineArticles.com/?expert=David_Stitt
http://EzineArticles.com/?What-Homeowners-Need-to-Know-When-Facing-Foreclosure&id=4508869

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Everything You Need to Know About Foreclosure

By D. Clark

There myths that surround the foreclosure. These falsities may create panic in a homeowners mind. Therefore it is required that the person must know the truth of this foreclosure. Before discussing the common myths about foreclosure it is required that the person must be first sure on the actual meaning of foreclosure. Foreclosure is referred to as the legal proceeding in which the mortgagee (lender) obtains the courts order in which the mortgagor (borrower) right of redemption of the mortgage property is terminated. This means that even if the borrower is ready to pay back the complete loan amount to the lender along with the interest, the mortgaged property will not be returned back to the borrower. The concept of foreclosure is not as simple as it appears and it involves many complications. Due to these complications there are many myths that are prevalent in the society which might create fear and at the same time it affects the person (either the borrower or the lender) in an adverse manner.

Some of the most common myths surrounding the foreclosure are as follows:

• Myth: Does the bank foreclosure on my house as soon as the debt period expires.
• Truth: No bank or any lender would want to go through the process of foreclosure. The lender always wants his money back along with the interest charged on the loan. Also the process of foreclosure is very lengthy and it might costs extra to the lender. The value of the property may not be equaled to the loan amount and most times is quite less. This means that with the process of foreclosure the lender is bound to lose a huge amount of money. Therefore the option of foreclosure is the last option and often times taken only when all other procedures for the recovery of the loan have failed or the borrower has declared bankruptcy.
• Myth: The lender has threatened to foreclose on a property in Austin, Texas. I cannot stop this Austin foreclosure because I don’t have any money to.
• Truth: This is not true as there are many ways by which the person can stop the foreclosure of the property in Austin. There are many agencies present in Austin that can help stop foreclosure free of charge. Also there are companies that offer bridge loan to help Austin homeowners catch up on their payments and stop the foreclosure of the property. One only needs to approach these agencies and chart out a plan with them. It must also be kept in mind that the interest rates on foreclosure protection loans are normally higher than the normal loans. Therefore, these loans must be taken with caution.
• Myth: I have received a letter from the lender stating that they will foreclose on my mortgage property if I do not pay back the loan in a week. There are no means by which I could avoid foreclosure. This will not only lead to the lost of the my home but will also lead to the negative credit rating.
• Truth:There are many ways by which you can avoid foreclosure. One is to talk to the lender and workout out plan whereby the borrower agrees to pay back the loan amount in the future along with the interest or to pay the loan in installments spread over a time. The lender does not want your home, so most of the time you can come to a mutual agreement with the lender. However, if in any case the negotiation with the lender does not succeed then you can contact a foreclosure consultant and have professional negotiate with the lender for you.
• Myth: I am behind on my mortgage payment. This will lead to foreclosure of the property.
• Truth: Yes, it is true that if you fall behind on your mortgage payment the foreclosure proceedings will began. But not all cases result in foreclosure. This means that even you can be a part of the exception. First, you must try your best to pay the mortgage payments on time. However, if you lag behind in the payments then don’t hesitate to talk call your lender and work out new payment schedule. For the most part the lender will agree to the new payment schedule but also you will have to be careful that the interest rates might also be revised and new higher rates proposed. However, if in any case this also does not work out than contact a foreclosure agency for advice and assistance.
• Myth: After I have received an Austin foreclosure notice is it necessary that I should leave my house.
• Truth: Most of the states have very strong policies on foreclosure of the house. In Texas, you have 21 days after you receive the notice to attempt to resolve the issue or the house will be sold at auction. Other states foreclosure preceding may not be as quick therefore the homeowner may have more time to save the house by paying the remaining amount or if this is not possible than he can even arrange an alternative place to live. However, if the final notice of foreclosure is been received by the borrower, then he is entitled to physically move out of the house or work out it with lender.
• Myth: Is it true that after a person has gone through the foreclosure then she might find it difficult to acquire a new home loan.
• Truth:Yes, this is true that getting a loan after a foreclosure would be difficult but not completely impossible. This is because foreclosure is considered to be the worst thing that could appear on the credit report. Therefore, a person might find that many banks are reluctant to grant a loan after foreclosure. However, there are a few banks that will grant loan a person after foreclosure. In this case the person must be ready to pay a very large down payment and even the interest rates on the loan would be quite high. Also the norms and conditions on the loan are very strict. However, if the foreclosure was after 4 to 7 years then it might not be much of a problem for the person to find a lender.
• Myth: If I declare myself as bankrupt I can protect myself from foreclosure.
• Truth: This is true but only on temporary basis. This means that filing bankruptcy under chapter 7 cannot be marked as a permanent end to the foreclosure. If you fail to meet the requirements and terms of the bankruptcy you will find yourself right back in foreclosure. Therefore you will need to take some more steps to avoid foreclosure in the long run.
• Myth: My property is of no use to me and I do not mind if the property is foreclosed by the lender. I will not have to pay anymore payments and I will not be liable for any outstanding debt from the lender.
• Truth: As mentioned earlier it is clear that if a person has a foreclosure on their credit history then it is the worst situation that you can have. Therefore, even if the property is of no use to you it is necessary for you to make all the efforts possible to save the property from being foreclosed on by the bank. If you want to have a good credit history it is helpful for you in the long run to try to not have a foreclosure on you record. Also keep in mind that if the foreclosed property is auctioned for a lesser amount than the outstanding loan amount then you are liable to pay the lender the remaining amount of the loan. The lender can even charge interest on the outstanding amount.
• Myth:During the foreclosure process or even after the foreclosure of the property is it true that the lender can send me jail if I don’t pay.
• Truth: No, this is not true in any circumstances. The lender cannot threaten send you to jail you for non-payment of the loan amount. However, the lender has all the rights to move you out of the foreclosed house. Therefore if you are threatened with jail by the lender then you can file a formal complaint. I suggest you consult an attorney to discuss your options.

Apart from the above mentioned myths there are several other myths prevalent in the society. Therefore it is necessary for the lender to approach an expert on this matter and seek his clarification.

You can go to our website at TroubledHomeowner.com to learn more facts about foreclosure and how you can stop the bank from foreclosing on your home. You’ll also find much more helpful articles, guides and educational videos about the foreclosure process. Troubled Homeowner has foreclosure consultants that are available to assist you with you any and all problems that you have with your home.

Dwayne Clark is a Chairman of the Board of The Troubled Homeowner Organization. Dwayne helps homeowners in the Austin,Texas area overcome difficult situations that may arise during home ownership. Dwayne believes in the sharing of knowledge and information. You will be able to find several articles, guides and videos that will help homeowners on the website http://www.TroubledHomeowner.com

Article Source: http://EzineArticles.com/?expert=D._Clark
http://EzineArticles.com/?Everything-You-Need-to-Know-About-Foreclosure&id=3898213

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Check Out Energy Rebates

EnergyStar.gov — Check Out Energy Rebates This is a government site that offers lots of energy saving tips as well as explains what energy saving grants or credits might be available.

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Foreclosure Trends Newsletter

Here is the latest issue of my foreclosure trends newsletter.  As you can see, the trend is not our friend, in the sense that the housing market has not recovered.  Until jobs come back and people are employed and feel safe in their employment, they will tend to avoid making a committment.

ForeclosureTrends.pdf

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Foreclosed Property Coupon-10% off

When you buy a foreclosed with me as your agent, I will be happy to sign you up for a coupon from Lowes.   It entitles you to 10% off, up to a predetermined purchase amount.  Currently I believe it 10% off of up to a $10,000 purchase.  Of course, this amount and the coupon’s terms and conditions are subject to change by Lowes at anytime.

Besides Lowes, RE/MAX has exclusive deals with Cambria and Pods-to name just few of the suppliers we can help you save money with.  We’ve got your back.  Consider me when choosing your team.

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Twin Cities Foreclosure Trends-From our MLS & Realty Trac

Besides the board of realtor sites:  http://theThing.mplsrealtor.com and market data posted elsewhere at http://www.MplsRealtor.com I have a subscription to Realty Trac.  My subscription gives me additional data about foreclosures and trends within certain zip codes.  This is in addition to my daily subscription to Finance & Commerce (a business newspaper that prints all the foreclosure information as well as very timely articles regarding the business community).  If you are looking for someone who has experience and access to information about distressed sales, we need to be working together.  Whether buyer or seller-I can help you understand the market we are in and the options and opportunities available to you.  Give me call today.

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Real Estate Information

These are a couple of my newsletters that have a ton of valuable information. Go check them out.

Foreclosure Market Trends Newsletter
http://www.realtytrac.com/MarketTrends/NewsLetter.aspx?guid=131bd355-1b69-4bd1-99cd-2f0c9a936810

Real Estate Cyber Space Tips
http://www.REcyber.com/cybertips/r11627

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Understanding HAFA-What Is It & How It Works

This explains what the HAFA is and how it might work for you. This might work for people that are in distress and would like to try and avoid a foreclosure. Here is a link for additional information http://www.CDPE.com/hafa I work with homeowners who need help at this difficult time-let me know what I can do for you.

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Owner Financing – The Foreclosure Process

By Craig Meriwether

One of the great parts of the owner finance home sale is the opportunity to work with the buyer in the case of financial problems. By creating a solution that works for both parties a home owner is more than likely to stay in the house and the loan holder will continue to receive monthly payments. If a solution cannot be created then unfortunately foreclosure might be the only option to take. This article will present a look and some of the different ways foreclosures can be handled.

In some states, the beneficiary can choose one of two methods to foreclose judicial or non-judicial. In a judicial foreclosure, the beneficiary files a lawsuit against the trustor in Superior Court to foreclose on the property. The case is then set for trial. If the court rules in favor of the beneficiary, the property will be ordered sold at a public sale. In most instances, however, it is a non-judicial foreclosure. In a non-judicial foreclosure, the court system is not involved. To foreclose non-judicially, the deed of trust or mortgage must contain a power of sale clause. The power of sale clause gives the trustee the right to begin foreclosure without going to court. To include a power of sale clause does not require a specific form or language.

If, on the other hand, the security instrument does not contain a power of sale provision, judicial foreclosure is the beneficiary’s only way to obtain the property. Most conventional deeds of trust say “with the power of sale”.

Judicial and non-judicial foreclosures differ in many ways. The foreclosure method selected by the beneficiary has significant consequences for the trustor.

Non judicial foreclosure is relatively fast, as this method does not involve the court system. In most instances, non-judicial foreclosure takes, at minimum, about four months after the trustor has failed to meet the obligation or defaulted on the loan. Judicial foreclosure, on the other hand, may take up to several years.

Non judicial foreclosure is generally less costly than judicial foreclosure. In a non-judicial foreclosure, the trustee’s and attorney’s fees are largely specified by law. In a judicial foreclosure, however, there are generally no legal limits for attorney’s fees. As a result, the trustor may be liable for significant legal expenses.

Another major difference between the two foreclosure methods is the beneficiary’s right to a deficiency judgment. A deficiency judgment is a court order stating that the trustor still owes money to the beneficiary if the proceeds from the foreclosure sale are not sufficient to pay the balance of the debt.

Some state laws do not allow a deficiency judgment in a non-judicial foreclosure on residential purchase money loans. A residential purchase money loan is one in which loan proceeds are used to purchase the property. Furthermore, state laws do not allow deficiency judgments against the residential trustor where the loan was made by the seller of the property or by a third party lender (often a financial institution) on a four-unit or less residential property that is the principal residence of the trustor. If the beneficiary judicially forecloses on a non-purchase money residential loan, a deficiency judgment may be obtained against the trustor.

Non-judicial and judicial foreclosures also differ with regard to the trustor’s right of redemption after the foreclosure sale. This is the trustor’s right to reclaim the foreclosure property. In a non-judicial foreclosure, the sale of the property at the trustee’s sale is an irrevocable final sale, and the trustor does not have the right to redeem or reclaim the property after the sale. Judicial sales, however, are subject to redemption by the trustor.

This summary of the major differences between non-judicial and judicial foreclosure shows the advantages of non-judicial foreclosure for the beneficiary. The non-judicial foreclosure is timely, economical, non subject to redemption, and may command a higher sales price. In addition, it is unlikely that the beneficiary would recover any losses through a deficiency judgment, as the trustor could not make the loan payments in the first place. Because of these advantages, beneficiaries typically prefer to foreclose non-judicially. Beneficiaries might foreclose judicially when they see an opportunity to recover any losses through a deficiency judgment.

The following two sections give detailed information on each of the foreclosure methods.

Non-Judicial Foreclosure

This section describes the major procedural requirements of non-judicial foreclosure, discusses the trustor’s reinstatement and redemption rights, reviews legal provisions for trustee’s fees and summarizes special legal provisions affecting foreclosures in many states.

Many states allow the beneficiary of a deed of trust containing the power of sale provision to foreclose non-judicially after the trustor has defaulted on one or more contractual obligations. In case of default, the beneficiary may order the trustee to initiate foreclosure.

Notice of Default

Foreclosure begins when the beneficiary notifies the trustee that the trustor has defaulted on any obligations stated in the promissory note and deed of trust. The beneficiary gives the trustee information concerning the condition of the debt such as the amount of the unpaid balance and due dates. Upon receipt of this information, the trustee prepares the Notice of Default.

The Notice of Default must be recorded in the office of the recorder of the county where the property is located. If the deed of trust encumbers property located in more than one county, the Notice of Default should be recorded in the other counties as well.

The trustee must mail a copy of the Notice of Default to the trustor and to each person requesting notice within ten days of recording the notice. The law specifies additional notification requirements under certain circumstances. The Notice of Default must be published weekly for four weeks in a newspaper or personally be served on the Trustor, if the trustor has not requested to be notified of its recordation of the notice

Trustor’s should always notify the beneficiary and the trustee of any address changes to ensure prompt receipt of any correspondence from the beneficiary or trustee.

Before January 1, 1986, the trustor and beneficiaries under subordinate deeds of trust were given three months from the recordation of the Notice of Default to cure the default. An amendment to the law extended the expiration of the reinstatement period to five business days before the scheduled trustee’s sale. If the trustee’s sale is postponed, the reinstatement period is extended to five business days before the new date of the sale.

At any time during the reinstatement period, the trustor may stop the default by paying the beneficiary all sums of money due on the loan up to that point including additional costs incurred by the beneficiary, and attorney’s or trustee’s fees as specified by law. It is not necessary to repay the entire loan balance.

After reinstatement of the loan, the foreclosure proceeding is discontinued and the trustor resumes making the regular periodic payments.

Notice of Trustee’s Sale

If three months have passed since recording the Notice of Default, and the trustor has not begun to reinstate the loan; the trustee may proceed with the foreclosure by preparing a Notice of Trustee’s Sale.

The Notice of Trustee’s Sale must be recorded in the office of the recorder of the county in which the property is located at least 14 days before the date of the sale. As with the Notice of Default, the Notice of Trustee’s Sale must be mailed to the trustor’s last address actually known to the trustee.

The Notice of Trustee’s Sale also must be published in a newspaper of general circulation in the city, judicial district or county where the property is located. The notice must be published once a week over a 20-day period before the sale.

In addition to mailing and publication, the Notice of Trustee’s Sale must be posted for at least 20 days before the sale at the following locations:

o In at least one public place in the city, judicial district, or county in which the property is to be sold; and

o In a conspicuous place on the property to be sold

Improperly broadcasting the Notice of Trustee’s Sale typically will result in the cancellation and re-notice of the sale.

As mentioned before, the trustor can cure the default during the reinstatement period that runs up to five days before the schedule sale. After the reinstatement period expires, the trustor must pay the entire indebtedness plus foreclosure costs to avoid foreclosure. This is called redemption and only can be done during the five days before the sale. The trustor’s right of redemption ends once bidding at the foreclosure sale starts.

Trustee’s Sale

The trustee or the trustee’s agent must conduct the foreclosure sale at a public auction in the county where the property is located. The sale is to the highest bidder who must pay in cash, cashiers check or cash equivalent as specified in the notice and acceptable to the trustee.

The trustee may postpone the sale at any time before it is completed. The sale may be postponed at the trustee’s discretion, upon instruction by the beneficiary, or upon a written request by the trustor who has the right to request a one-day delay to obtain sufficient cash to pay the debt or bid at the sale. The trustor’s request for postponement must include a statement identifying the source of the funds. The law allows for three postponements. After three postponements, a new notice of sale must be given, except for postponements requested by the trustor or ordered by a court.

After the sale to the highest bidder, the trustee executes and delivers a trustee’s deed to the purchaser. The trustee’s deed conveys title to the purchase free and clear. The issuance of the trustee’s deed terminates the previous trustor’s legal and equitable rights in the property. It should be noted, however, that title to the property is conveyed subject to all senior liens, including liens for property taxes and assessments.

The purchaser of the foreclosed property is entitled to take immediate possession. A trustor who refuses to vacate the property may be legally forced to do so.

Rent and Rental Income

Generally, the trustor occupying the property does not have to pay rent to the beneficiary while in default. If a deed of trust should indicate a rent liability, enforcement of it would be unlikely.

The beneficiary may have a right, however, to any rental income generated by the property during the period of default. In the absence of such a provision in the deed of trust, the beneficiary is generally not entitled to any rental income.

Deficiency Judgment

In General, the law prohibits a deficiency judgment in a non-judicial foreclosure with a power of sale provision. Even if the proceeds from the foreclosure are inadequate to repay the loan, the beneficiary has no other possibility to recover.

Trustee’s Fees

The fees a trustee is entitled to charge the beneficiary or deduct from the proceeds of the sale are prescribed by law. The trustee may charge for costs incurred in recording, mailing, publishing, and posting of Notice of Default and Notice of Trustee’s Sale; the cost of postponing the sale by request of the trustor (not to exceed $50 per postponement) and the cost of a trustee’s sale guarantee. In addition to charging for these actual costs, the law provides for a fee schedule based on the amounts of the unpaid debt.

The legal limitations for trustee’s and attorney’s fees do not apply to attorney’s fees the beneficiary is entitled to recover under special provisions of the deed of trust.

Special Legal Provisions

Special federal and state laws may affect the manner in which the foreclosure is conducted. If the loan is insured or guaranteed by the U. S. Department of Housing and urban Development (HUD! EHA) or the Veterans Administration (VA), certain procedures must be followed. In the case of a VA-guaranteed loan, the trustor may be liable for any deficiency, unless the veteran obtains a release of liability from the VA. California law does not necessarily protect the trustor from liability for a deficiency on a VA guaranteed loan. Federal laws governing the VA loan program take precedence over any conflicting California law. Trustors should contact the VA for details concerning their rights and to learn about specific requirements.

Judicial Foreclosure

Judicial Foreclosure is tried in some state Superior Courts. The beneficiary, upon default of obligation by the trustor, brings a foreclosure lawsuit against the trustor. If successful, the court will issue an order to sell the property at a public sale. The beneficiary must use judicial foreclosure if the security instrument does not contain a power of sale provision. A mortgage or deed of trust containing the power of sale provision may be foreclosed judicially if the beneficiary chooses to do so.

The decision to foreclose judicially or non-judicially is not necessarily final. The beneficiary may discontinue judicial foreclosure at any time and commence non-judicial foreclosure.

Conversely, the beneficiary may abandon non-judicial foreclosure and initiate judicial foreclosure. Beneficiaries sometimes initiate both types of foreclosure simultaneously.

Foreclosure Sale

A court-appointed commissioner or sheriff in the public place must give notice of the sale of the property for 20 days preceding in the date of the sale. This same notice must be published in a newspaper of general circulation weekly for 20 days. The notice also must be sent by certified mail to all defendants at their last known addresses.

At the foreclosure sale, the property must be sold by the auctioneer to the highest bidder who is financially qualified.

Redemption of Property

In a judicial sale, the trustor has the right to redeem or reclaim the property after the foreclosure sale. For a trustor, the right of redemption makes a judicial sale attractive. It should be remembered, however, that a judicial sale might also lead to a deficiency judgment. This possibility does not exist in a non-judicial foreclosure.

Deficiency Judgment

In a judicial foreclosure, the beneficiary has, under certain circumstances, a right to a deficiency judgment. The deficiency judgment is limited to an amount equal to either the difference between the indebtedness and the fair market value of the property, or the indebtedness and the sales price at the foreclosure sale, whichever is less.

Rent and Rental Income

The trustor occupying the disputed property does not have to pay the beneficiary rent while in default. The beneficiary may be entitled, however, to any rental income generated by the property.

After the sale, the trustor retains possession of the property and does not have to pay the beneficiary rent while in default. The beneficiary may be entitled, however, to any rental income generated by the property.

Craig Meriwether is owner of Kula Investments, a company founded you help you get top dollar for you owner financed real estate loan. [http://www.ioubuyer.com]

Article Source: http://EzineArticles.com/?expert=Craig_Meriwether
http://EzineArticles.com/?Owner-Financing—The-Foreclosure-Process&id=2140489

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Minnesota Foreclosure Laws

Minnesota Foreclosure LawBy Kathy Swift

Minnesota allows for both judicial or in court and non judicial or out of court foreclosures. As with all states where both forms of foreclosure are followed, the determining factor as to which one the bank will use is whether or not the deed of trust or mortgage contains a power of sale clause. The Power of sale clause is what allows a bank to skip over the step of filing a lawsuit against the homeowner who is having difficulty in making his payments. The power of sale clause saves the bank both time and money. Since it is in the banks best interest to spend less on this process and move as quickly to the sale of the home as possible, non-judicial foreclosure is always the banks first choice of process when they can do it.

The only reason that a bank would not choose to use the non-judicial foreclosure process is when there is no power of sale clause in the deed of trust or mortgage. When no power of sale clause exists in court or judicial process is the only avenue open to the bank. Most deeds of trust or mortgages do contain a power of sale clause, so most foreclosures are done out of court.

Sometimes the power of sale clause is so detailed in its instructions as to how the sale is to proceed that it will state the date and terms and place where the sale is to take place. When this is the case, these instructions must be followed. Most power of sale clauses are not so specific however, and that means that most foreclosures follow the regular process.

In Judicial foreclosure, once the bank has received a court order to foreclose the rest of the process leading up to the sale of the property is done the same way as an out of court foreclosure. There are three conditions that must be met in this state before a foreclosure sale can be scheduled.

First of all, no lawsuit to collect on the mortgage can already be in process. Secondly, the mortgage or any assignments to new lenders must have been recorded with the county. Thirdly, a notice of sale must be given eight weeks prior to the foreclosure if it is a homestead.

If all of these conditions will be met, then the next step is that a notice of sale must be recorded in the county where the property is located. This notice of sale must contain the homeowner’s name, the lender’s name, the original loan amount, the current amount of the default, the date the mortgage was entered into, a description of the property and the date of the scheduled sale. The time and place of the sale must be in the notice of sale as well.

A power of attorney and a notice of pendency must be filed with the county in which the property is located, before a non judicial foreclosure can proceed. The notice of sale must be advertised in a paper with circulation in the county where the home is located, for 6 weeks. This same notice of sale must be served upon the homeowner/occupants of the property. This must be done no less than four weeks before the scheduled sale.

The sheriff of the county in which the property is located is required to conduct the sale. The home will be sold to the person who is placing the highest bid at the sale. This highest bidder will receive a certificate of sale.

The bank may seek a deficiency judgment from the person who lost the home to the sheriff’s sale. This means that if the bank feels that if the amount of money generated by the auction is insufficient they can try to get more money from the former homeowner. In Minnesota the bank is limited in how much money they can seek through a deficiency judgment. They can only attempt to obtain the difference between what the house sold for and what fair market value for the home is. Most banks understand that a person who has lost their home to such a sale, most likely has no other assets worth going after. So deficiency judgments are rarely sought. The bank does not want to waste time and resources pursuing a course that will not generate any money.

However, if the bank believes that the former homeowner does have other property or resources that have enough monetary value to make pursuing a deficiency judgment likely to yield them the money they want, they will do all they can to get that money.

The former homeowner in Minnesota has some post auction rights connected to the property as well. In some instances the person who loses their home to a foreclosure sale has up to one full year following the sale of the home to regain ownership of the house. In most cases six months is the time frame for this right of redemption. The only required amount of money necessary to do this is the past due amount of the loan plus costs and fees, taxes, insurance and property preservation.

Integrity 1st Consulting is your Foreclosure Sale specialist- Kathy Swift

Article Source: http://EzineArticles.com/?expert=Kathy_Swift
http://EzineArticles.com/?Minnesota-Foreclosure-Laws&id=1222930

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Outstanding Video-An Inspiration To All-Be The Best You Can Be!

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Twin Cities Home buyer book

Thinking about buying a home but don’t know where to start? Why not start by reading the home buyer hand book that we have provided below. It is a great place to start to get the information you need. When you’re ready, we would love to help you find and finance a new home.

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The Short Sale Process For A Seller

This ppt. will explain the basics involved in a short sale. Today, lenders are starting to put in place systems that will make the short sale process work smoother. This presentation covers what is generally involved.

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Grant Available In MN For Foreclosed Homeowners

I’ve just learned of a grant of up to $3500 that is available for people who have lost their home to a foreclosure and need some cash to help with the transition of moving on. This is only available to metro area residents in the Twin Cities. The Target Foundation put up most of the funds and all monies are available on a first come-first served basis and is for relocation assistance. Go to

http://www.Hocmn.org

to learn more. On a national basis, visit

http://foreclosure-response.org

for more information on options and programs.

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How A FEW Are Profiting HUGELY From A Government Sweetheart Deal

If you haven’t been getting much success with a modification and wonder why-maybe this video will help explain things.  As an agent who works really hard to keep people in their homes FIRST, I found this very upsetting.  I can tell you many many people who would have stayed in their homes, albeit at a reduced payment if they had some payment relief.  Instead, lenders foreclosed or forced a short sale and ultimately lost a lot more than the interest differential.  It is sad to think that even one family might have had to leave their home because of a profit incentive that encourages it.  Here is the video:  http://www.thinkbigworksmall.com/mypage/archive/1/29027

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What Happens When They Come For YOU

While this posts title is just a play on the TV show COPS, it is possible that if you sell a home short or have a foreclosure that results in a loss, that the lender could pursue a deficiency judgement.  In MN, they are doing this more often.  The LAST thing I am giving anyone is tax or legal advice.  Just be aware of the fact in MN, lenders can choose how they foreclosure.  A judicial foreclosure can result in pursuing a deficiency vs a foreclosure by advertisement.  There are resources like http://www.HOCM.org which provide Minnesota consumers with information and possibly assistance with trying to figure out options and repercussions.  Research the Mortgage Tax Forgiveness Act of 2007, extended in 2009 until the end of 2012.  Also call the IRS at 1800-829-1040 or visit them online at IRS.gov

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Items Necessary to Submit a Short Sale Package

Just because you owe more than your home is worth does not mean that you will be eligible to do a short sale.  The key is being able to show that you qualify based on a acceptable hardship.  The lender needs you to explain your situation in a hardship letter.  With that, there are items they will need.  These items include the following:  A financial statement showing what your current assets are and what your expenses happen to be, A couple of recent paystubs if you are employed that show your year to date income, all pages of your bank statements, your two most recent signed tax returns, asset statements like 401K & IRA’s, and a list of any other liens that encumber the property title such as back real estate taxes, second mortgages, third mortgages, and IRS tax liens that are recorded against title.

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Minnesota Deficiency Judgements Due To Mortgage Defaults Appear To Be Increasing!! Be Careful!

I recently read an article about the banks pursuing judgements after a short sale or foreclosure. The Minnesota home ownership center is FANTASTIC. They have lots of great information. Here is the link to their article:
Minnesota Home Ownership Center: Sued – After A Foreclosure

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Open Source Documents-Unbelievable Resources-Find YOUR topic of Interest

If you’ve never visited http://www.Archive.org, you are missing a wonderful site.  From this site, you will find many resources that are out of copyright and you can download and use them as you wish.  You will find all the classics and some fun things as well.  Just for fun, I have the download of a book called “Little Gardens” which is a book about setting up a garden on a city lot.  This is just one of the MANY fun things you’ll find.  You can download and watch old music, movies, and cartoons as well.  Plan to spend some time on the site should you decide to visit, as it is very cool.  Click here to download the book Little Gardens

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FHA Loss Mitigation Options For Those With FHA Loans

Here is the latest FHA Mortgagee letter that explains what options are available for people in default with their FHA mortgage. There are options, you need to explore them if you are in danger of losing your home.

FHA Loss Mitigation

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Sell Your Home Faster-Learn The Home Selling Secrets Of Successful Sellers

Here is a special report that outlines over 450 ideas on how to sell your home faster.  This report is just one of the many home buyer, home seller, and investor reports that I can make available to you.  Read this report and call me to arrange a time to see how I can help.  Download Now

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Homeowners Assistance Program-Department Of Defense

http://hap.usace.army.mil/ Look at this-From the website:

The Department of Defense (DOD) is proud to offer the Homeowners Assistance Program (HAP) to eligible service members and federal civilian, including non-appropriated fund, employees. The program is authorized by law, and administered by the US Army Corps of Engineers (USACE) to assist eligible homeowners who face financial loss when selling their primary residence homes in areas where real estate values have declined because of a base closure or realignment announcement.

The American Recovery and Reinvestment Act of 2009 (ARRA) temporarily expands the HAP to assist service members and DOD employees who are wounded, injured or become ill when deployed, surviving spouses of service members or DOD employees killed or died of wounds while deployed, service member and civilian employees assigned to BRAC 05 organizations, and service members required to permanently relocate during the home mortgage crisis.

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Real Estate Investing-Everything You Need To Know!

I came across this e-book and I wanted to share it with you.  I thought the information was useful, the rolodex link in the back of the book with investor resources was incredible.  I think you will enjoy it-it is a pretty light read.  If you get all fired up and want to start looking for property, just give me a call.

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Making Home Affordable

Recently the government published an update to what had come out earlier in the year.  This new report shows what is being done to help homeowners sell their home or make an arrangement with their lender.  Download the report at this link.  This should make the process of coming up with a solution that much easier, now that they have defined the guidelines better.

http://www.treas.gov/press/releases/docs/05142009FactSheet-MakingHomesAffordable.pdf

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Introduction of Home Affordable Foreclosure Alternatives – Short Sale and Deed-in-Lieu of Foreclosure

This is FANTASTIC NEWS!!!  FINALLY, they are establishing minimum requirements on resolving the short sale procedural process.  Here is the link to the government news release:

https://www.hmpadmin.com/portal/docs/hamp_servicer/sd0909.pdf

Short Sales have been difficult to close, and these new measures are a huge step in the right direction. One major highlight: A lender must give a yes or no answer to an offer within 10 days. Also included: a moving allowance, incentives for sellers and lenders, commission rules, and a stipulation that releases sellers from debt liabilities.

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RECENT News Release: Legal Service Plans Can Benefit Homeowners Facing Foreclosure

Pre-paid legal recently had a news release that explains how their service may benefit homeowners who are in distress and facing a foreclosure. We sell the PPD Pre-Paid Legal service plan at our website https://www.prepaidlegal.com/Multisite/Multisite?site=hub&assoc=mazzara You probably want to look at the family plans unless you are a small business. You can visit the site, watch the video, and learn more. I not only sell the plan, I am also a user of the plan. I think PPD is great based on my own personal experience. I have called upon them to answer questions and they have been of assistance over the years. If you have questions that aren’t answered online, call me.

Read the news release here:
http://www.prnewswire.com/news-releases/legal-service-plans-can-benefit-homeowners-facing-foreclosure-70452157.html

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Why Foreclosure Is Often Preferred By The Loan Servicer Instead Of Offering A Loan Modification

Have you ever wondered why a foreclosure occurs when a better solution might have been a modification?  Would you like to read the facts and figures and see how mortgages are bundled, sold and serviced?  You will soon see it is isn’t pretty, we are in the midst of a crisis, and it is likely to get worse before it gets better.  That being said, you can probably guess why-it’s about the money.  It is a little more complex than that-the report is 60 pages-but is explains the incentive and disincentives that are at conflict within the mortgage market today.  Once you understand how all the pieces go together, you can see that something “different” needs to be done.  I am a strong free market believer, but in this case, the government needs to have a mandate and rule that is guided towards keeping people in their homes.  Left to current industry solutions, the mortgage mess will continue to play out and get worse.  If you click on the link below, you will find the free report from the National Consumer Law Center.

http://www.consumerlaw.org/issues/mortgage_servicing/content/Servicer-Report1009.pdf

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Home Buyer Tax Credit Information Update

It’s now official!! The tax credit has been extended and expanded. YOU NEED TO HURRY! You now have until the end of April 2010. The following summary of the credit is provided by the National Association Of Realtors. The following two documents cover the changes in the new law. Now get out there and buy a home!!

NAR FAQ: Homebuyer Tax Credit Changes
NAR Issue Brief: Homebuyer Tax Credit Changes

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Freddie Mac Foreclosure Prevention

Are you wondering what the government has to offer as far as resources? Here are a couple of links that will hopefully help you make the right decision. There MAY be options that will help you avoid a foreclosure.

http://www.freddiemac.com/avoidforeclosure/

http://www.freddiemac.com/avoidforeclosure/stop_foreclosure.html

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Postponing a MN foreclosure-New Law

MN allows a foreclosure to be postponed, but there is a tradeoff-shortening the redemption period. This may help someone who is able to get back on their feet and catch up with the back payments. Click Here

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Minnesota Real Estate Newsletter Gives Access To Great Computer & Life Tips

I maintain a number of real estate sites, blogs, and newsletters. One newsletter that provides a number of computer tips to help you function better with a computer is http://www.REcyber.com/cybertips/r11627 The site is full of cyber space tricks and great places to visit. We have link to this site on the list of MN Real Estate links, but I wanted to highlight this particular newsletter because it different from what most agents provide. From this newsletter, you can also access all the back issues-from 2001 and beyond. It is really quite a useful resource-spend some time there if you have a chance.

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Buy A Minnesota Investment Property With Confidence

RE/MAX has put together a “how to guide” on how to buy investment property. Since knowledge is power, get the guide and brush up. It’s your money-get the information you need to become a successful Minnesota investment property investor.

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Foreclosure Secrets-Watch-Listen-Learn Webinar On Buying Foreclosures The Right Way

As a Twin Cities Realtor, I work and market homes within the area of distressed homes as well as the non distressed home marketplace. I work with a group of banks, investors and Realltors that market, sell and invest in foreclosed homes. Many people approach me to buy a foreclosure propery as either a primary residence or as an investment. I would like to make one thing perfectly clear-BUYING DISTRESSED PROPERTIES IS NOT LIKE BUYING A REGULAR HOME FROM A REGULAR SELLER IN A NATURAL MARKET. Now that we are clear on that point, I’d like to strongly recommend you watch this webinar. This webinar will explain what to expect and the entire process. When you become a client, I will walk you through this information as well. Having this knowledge upfront is INVALUABLE. My advanced training and experience in this area of the market will help you navigate the process.

PLEASE take an hour of your time and view this webinar:
http://www.xiosoftpresenter.com/Default_xpv2.asp?eventid=7231737

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What Would You Do If You Can’t Make Your House Payment?

This question confronts millions of people-daily.  Unfortunately, people often don’t know what to do, so they do nothing, until it’s too late to consider anything other than foreclosure.  When is the last time you did nothing and had your problem solved miraculously by itself?  It just doesn’t happen.  YOU must take action.  Foreclosure MIGHT be the only option.  BUT, IT MIGHT NOT!!  You owe it yourself to find out what other solutions exist.  Please print out the PDF and share it with someone who might be asking themselves how they are going to solve their problem.  If you or someone you love are a homeowner in trouble- within Minnesota and the Twin Cities area specifically- I might be able to help.

Click Here for the PDF file.

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National Mortgage Default Statistics

This information takes us through Q2. What it doesn’t show is the number of option arms and other “prime” type mortgag arms that are re-setting over the next years. It starts the fall of 09 and increases through 2011. The next shoe to drop will be in larger homes with “prime” loans. The solution to the problem is steady employment and job creation.

See National Mortgage Default Statistics

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Minnesota Foreclosure Data

Here is a report on foreclosures throughout the state of MN. This is a great report that shows foreclosure data in each of the respective counties. Click below.

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Learn the different impact between a short sale vs foreclosure

Sometimes, a short sale will be viewed more favorably during underwriting a new loan. A foreclosure will generally have a longer lasting negative affect. This short report give you some things to think about. Of course, things are always subject to change.

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Minnesota Short Sale Seller’s Guide

Do you owe more than your home is worth? Do you need to sell your home but can’t bring the cash difference to a closing. If you have a hardship, you may qualify for a short sale. Learn what happens during a short sale and see if you are a candidate.

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Minnesota Short Sale Buyer’s Guide

Are you considering buying a property that is being marketed as a short sale? If so, why not get this guide today. It it free and useful. Once you understand the process, you will know what to expect. One of the biggest problems I see in the marketplace is people not willing to get the knowledge upfront and then expecting a different outcome. Don’t let a short sale be a frustrating experience.

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Find out if your home has a Freddie Mac or Fannie Mae Loan

Fannie Mae Lookup
http://www.loanlookup.fanniemae.com/loanlookup

Freddie Mac Loan Lookup
https://www.ww3.freddiemac.com/corporate

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National Foreclosure & Homeowner Resources

The Home Affordable Refinance Program
http://www.MakingHomeAffordable.gov

HOPE Now

http://www.HopeNow.com

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Minnesota Homeowners In Foreclosure

One of the best places to get more information is at http://www.Hocmn.org Please visit their site and download their informational PDF’s explaining the foreclosure procedure in Minnesota.

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