Category

Short Sale

Dec 04
0

Foreclosures, is it that bad in Sonoma County?

By | Buyers, Foreclosure, RE by the numbers, Sellers, Short Sale, Sonoma County info | No Comments

Foreclosure Netherlands - Sonoma CountyFollowing the news headlines might give you the impression that every home that is being sold right now is in foreclosure… As this might be the case in certain areas, this is not the case in Sonoma County. To give you an idea of this morning’s numbers in our local MLS:

As of 01/01/2011 up to12/04/2011 the total of all homes sold: 4949. Of these 1461 were bank owned and 1092 were short sales. This means that of the 4949 homes that were sold, 2396 were ‘regular’ sales. According to BofA, Sonoma County is fairly sheltered from the foreclosure crisis.

Every state has different laws as to foreclosures, the worst a home owner can do is to simply walk away from their house.  Right now as mentioned in my previous blog posting, a short sale is in general a much better option.

In the Netherlands, walking away from your house, will result in you having to pay all the remaining debt. There is an insurance you can buy for this purpose, yet you still have to contact your bank and take action.  This is a link to a great website about this subject in the Netherlands. Sorry the website is Dutch;)

By the way, because of these numbers in Sonoma Count, a foreclosure or a short sale is in general not sold below market value. The condition of the property is what determines the value. When you are looking to buy in Sonoma County, look at all the properties for sale not just the ‘distressed’ properties.

For those who want some more specific info/stats, please feel free to send me an email.

Mirjam

Nov 27
0

Deficiency: shortage, deficit… or paying back what you owe…

By | Foreclosure, Mortgage, Sellers, Short Sale, Sonoma County info | No Comments

short-sales.jpgThe majority of people who buy a home need a mortgage or a loan. The home is yours, you pay the mortgage back over the life of the loan. When you sell the home you pay off the remainder of the loan… This is the case in about 50% of the sales in Sonoma County right now.

The remaining 50% is about 25% short sales and 25% foreclosures. The latter is quite often called ‘walking away’ from a home, the homeowner stops paying their mortgage and the bank forecloses… And in case when there are 2 mortgages against the home: the first ‘lien holder” (bank) forecloses, HOWEVER, the second ‘lien holder’ (bank) will pursue repayment…

This is the same in case of a short sale… A home owners sells their home, the bank agrees to take a loss. When there is a second loan, this bank needs to agree with the sale, and usually keeps the right to go after the difference… This CHANGED as of July 1st in CA… but ONLY for short sales. Per July 1st 2011, the 2nd lienholder cannot pursue the deficiency any more. This means, at time of closing you are  DONE. You walk away from a very difficult situation and can start over again. See my blog posting a few months ago.

Bottomline, right now in CA, there is a huge benefit in pursuing the short sale option. Rather than ‘walking away’ it behooves distressed home owners to take action, contact their banks, their trusted Realtor, mortgage advisor, CPA. Going through the short sale process is more work, but it’s worth it.

It is my experience that not enough home owners know about the benefits of pursuing a short sale. Please spread the word and also feel free to contact yours truly.

Mirjam

Sep 25
0

Title Insurance: a Scam?

By | Buyers, Disclosures, Economy, Investing in Real Estate, Sellers, Short Sale, Sonoma County info, Visit WineCountry, Wine Tasting | No Comments

When you buy a home and use a mortgage you pay for at least 3 insurance policies: Home Owners Insurance, Home Owners Title Insurance and Lenders Title Insurance. For an average home in Sonoma County, Title Insurance is around $1,800 for both policies. That is a lot of Peet’s Latte’s or paint, or carpet… And if you pay cash for a home, you can opt not to buy Title Insurance. A smart decision?

Last week I had an interesting conversation with Stewart Title, thanks to Jessica Smith, our Title rep. BTW, this was in preparation a presentation for the YPN Morning Buzz group They shared some interesting facts about Title Insurance. Side note : Title Insurance came into place because of inadequate US land record laws. When we moved from Netherlands to California, some friends where making jokes about us moving to the Wild West. When Paul started talking it made me smile, had to think of that.

• When the economy is bad there are more scams with Title/ownership. – One ‘popular’ scam in the Sacramento area has to do with home owners in distress who are upside down, not able to pay their mortgage. There is a company that promises to ‘take care of it’. In order to do this they have to take title to the house ;). This is how:  a ‘fake’ document is recorded, showing that a new private lender has taken over the mortgage. This ‘private lender’ receives the money at closing . The ‘real’ lender receives nothing and eventually will foreclose on the property… Think about the innocent buyer, busf_transamerica_.jpgying this property without Title Insurance… will loose that house. An innocent buyer buying the house with Title Insurance can go back to the Title Company for help…

• Every one knows the Trans America Building in San Francisco… Remember these beautiful Redwood trees next to it? Well that is because of an overlooked PG&E easement that was right underneath the footprint of the building. Apparently when about to start breaking ground, the company hired to do that knew about the PG&E easement and suggested it would not be smart to start digging because of the PG&E lines… Long story short:  The Title Company who had insured the property/loan had missed that easement, they ended up buying the strip of land that is now a small park and paid to have the PG&E easement go around the Trans America Building… Next time you walk to that park, realized that that was paid for by a local Title Company…

There were more interesting stories about easements, deeds and scams. Bottom line when you buy property, always pay for Title Insurance. Chances something goes wrong are not that high but when there is a problem, it is extremely expensive.

Have a great weekend, it’s grape harvest time in Sonoma County, a lot of wineries have great events this special time of year.

Mirjam

Jul 31
0

Adverse possession… a home for $16?

By | Buyers, Sellers, Short Sale, Sonoma County info | One Comment

My dear friend Gini sent an interesting link to a video about a man claiming an abandoned home trying to acquire title through adverse possession. An interesting concept. In Netherlands, the adverse possession of property is called ‘Kraken‘ it started in the sixties in big cities as a protest against empty properties while there was a housing shortage. It still happens mainly in the cities. Right now it is still legal to move into a home that has been empty for more than a year. This however is not done with the goal of permanent possession. Usually the city gets involved, they can even decide to donate a property to a non profit organization.

Also California has laws as to adverse possession. It appears that the time for adverse possession is 5 years and there are quite a bit of stipulations before one can claim a property.  I am not an attorney and I would recommend to seek legal council before starting the process of adverse possession like paying taxes etc.  This is needed to eventually claim adverse possession. It is not the wild west anymore although sometimes it might feel like it ;)))

For now, a surer way is to buy a house. Right now owning is cheaper than renting. If you count all the money you need to pay taxes on a property to claim adverse possession while you are still not sure whether an owner might claim the property, you might as well use this money to buy a property. Interest rates are at historic lows and there are still  great mortgage products available allowing you to buy with a minimal down payment. For instance, large parts of Sonoma County qualify for  USDA loans. I am currently working with a first time home buyer buying a small home with a nice yard in Windsor. He will be using a USDA loan, his total housing 21104547.jpgexpense will be around $1,100 a month, and that is before his tax write offs. This program has income limitations, it is great for first time home buyers. Darren Seliga with Seliga financial in Santa Rosa is very familiar with this loan product, you can call him at :707-577-8737.

Mirjam de Rijk

Jul 22
0

Latest Short Sale News for California residents

By | Buyers, Sellers, Short Sale, Sonoma County info | One Comment

LATEST NEWS : A lot of home owners have 2 mortgages against their property, we call that a senior and a junior loan. These second loans may be a home equity line of credit or a regular loan. This second loan was always nasty to deal with, it survives a foreclosure and usually you still owe on it after closing. UNTIL NOW…

Earlier this week Governor Brown signed into law Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders cannot require a borrower to owe or pay for a deficiency in a short sale.  This law also prohibits any deficiency judgment to be requested or rendered for senior or junior liens after a short sale of one-to-four residential units.  Any purported waiver of this rule shall be void and against public policy.
Although a lender cannot require a borrower to pay any additional compensation in exchange for a short sale approval, the new law does not prohibit a borrower from voluntarily offering a monetary contribution to a lender in hopes of obtaining a short sale.  A lender is also permitted under the new law to negotiate for a contribution from someone other than the borrower, such as other lenders, agents, relatives, and the like.

This means that there still is quite a bit to negotiate with lenders involved in a short sale. The good news is: when all is said and done and the deal closes, it’s DONE!

Great news I wanted to share with you, please spread the news to your friends and family. A short sale is a dignified solution for a difficult situation.

Mirjam