How To Negoiate A Lower Price

A home is the biggest purchase most Americans will make in their lifetime, so getting a good deal matters.

While playing hardball to get what you want at the price you want, you risk over negotiating and being left empty handed. Here are five tips to secure the home of your dreams without breaking the bank.

Keep Emotion Out. Experts advise treating a home purchase as a business transaction, and avoid getting emotionally attached to a home which eliminates any leverage during negotiations.

“You have to treat the transaction as a business decision,” says Michael Corbett, Trulia’s real estate expert and author. “The minute you get too emotionally attached to this house, you are dead in the water.”                                       CONTINUE READING

To buy or sell in 2012

To buy or sell in 2012, what with Armageddon coming and all? Absent any ancient Mayan wisdom on real estate strategies, let’s just hope the real cataclysmic event in the real estate market already has passed, even if the rubble from the bubble remains.

A stubborn overstock of households with loans higher than their value will continue to restrain prices and create some major obstacles for sellers in 2012, a year that’s shaping up to be another homebuyer’s market. In fact, recent studies indicate that more than 20% of all residential properties with a mortgage are still underwater, hinting that many foreclosures and workouts are still to come.

However, even the most conservative forecasts call for growth in home sales in 2012, with some select pockets around the country already busting out where there are competitive offers on new listings. More than one-third of home resales were made to first-time buyers in 2011 — another good sign.

Meanwhile, here are 12 tips for 2012, aimed largely at the group that needs the most help — home sellers.  CONTINUE READING

8 Reasons Why You Will Not Buy My Short Sale Listing

 One of the grossly misunderstood topics in Real Estate is the short sale transaction. There are a large number of Realtors who unfortunately do not possess the knowledge to properly educate their clients on what should be expected of them when trying to make a short sale purchase.

The problem is further exacerbated because there are an inordinate amount of Realtors who are now listing short sales who have no business doing so!

Having poor seller representation in a short sale is far worse than a traditional sale because the home owner is relying on this person to help them navigate out of a financially difficult time.  Without a short sale approval the most likely outcome is a foreclosure which is the very thing a seller was trying to avoid by going the short sale route.

Short Sale Problems

As the volume of short sales has grown so has the amount of Realtors who are looking to cash in. Money all too often gets in the way of sound decision making.

The code of ethics in Real Estate clearly states that you should not get involved in a type of Real Estate transaction in which you have no expertise.   CONTINUE READING

Fixing Your Finances After Foreclosure or Short Sale

 

There are not many things that can negatively impact your credit score more than a foreclosure or short sale. In fact one of the more common untruths you will hear from many Realtors is that short sales don’t impact your credit scores like foreclosures do. This is absolutely WRONG!

If you fail to pay your mortgage during a short sale the credit score impact will be nearly identical to a foreclosure according to My FICO the governing body for credit scoring.

Getting a mortgage after foreclosure

Being a Realtor myself for the last twenty  years it does not surprise me when I hear this misinformation being spewed in person or around the internet.  Some Real Estate agents will paint a short sale as your ticket to the promised land and a foreclosure as a ticket to financial misery for the rest of your life.                          CONTINUE READING

Credit Scoring Impacts Short Sale vs Foreclosure

It is probably safe to assume that most consumers like to work with folks they know can be trusted. In Real Estate, like some other businesses there are those that can always be counted on for delivering great advice and others that only care about their own pocket book.

I always tell people some of the best Real Estate agents are those that don’t NEED to make a sale! It makes perfect sense because an agent that NEEDS business is far more likely to tell a buyer or seller something they want to hear rather than the truth.

Short sales unfortunately are a specialized Real Estate transaction where information is often times bandied about with no basis of fact. Many Realtors blindly go around telling people in financial distress that a short sale is better for their financial future because their credit score will not be impacted like going through a foreclosure.  CONTINUE READING

FICO Credit Scores and Increasing Your Creditworthiness

How to increase a credit score

Credit scores are one of the largest factors that lenders use in evaluating whether or not to lend money to a borrower. Credit scores are designed to measure the risk of someone defaulting by taking into account various factors in a person’s financial history.

If you are considering purchasing a Massachusetts home one of the things you want to be sure of is the accuracy of your credit report.  The economic down turn of the last five years has vastly changed the mortgage landscape all across the country.

If you ask any mortgage broker they will tell you that things have changed in the mortgage industry on a monthly basis. Given the increase in foreclosures and short sales lenders have increased their standards when evaluating the potential for default of every borrower.  CONTINUE READING

Buying a Home After Short Sale or Foreclosure

 

As a Realtor  one of the questions that I get asked quite often from home sellers is how long will it take before I will be able to buy a home again.

The answer to this question does not have any clear cut and dry answer. There are quite a few variables involved when trying to figure out when someone will be able to purchase a home after a foreclosure or short sale.

Going through either a short sale or a foreclosure has the potential to seriously impact ones credit.  Government entities Fannie Mae, Freddie Mac and FHA do not directly loan money to individuals but are the governing body that work with lenders to guarantee loans and free up money to provide mortgages.

Banks typically have the authority to lend to whoever they want but will generally follow the guidelines set forth by these entities. There are some lenders of course that will take greater risks with some borrowers than others.

CLICK HERE for the general guidelines that FHA, Fannie Mae and Freddie Mac follow when considering a loan after a short sale or foreclosure:

Hard Truths Block Solutions to Foreclosure Crisis

The arguments about title and improper assignment of notes being made by lawyers and pro se litigants may in fact be right, at this point there’s no question that Wall Street and commercial mortgage bankers screwed things up big time.  They failed to comply with numerous laws governing the transfer of real property, failed to comply with the applicable articles of the Uniform Commercial Code or the rules set forth in Pooling and Servicing Agreements, and they attempted to correct these improper acts by creating fraudulent documents and robo-signed affidavits.

However, even the most experienced foreclosure defense attorneys who continue to argue with increasing skill that the securitization of mortgages should preclude foreclosure, find that judges are more interested in the fact that their clients haven’t made their mortgage payments… and the foreclosures march on, and on, and on.

The question for a judge hearing such a case brought by a delinquent homeowner is… how were homeowners damaged by the inadequacies of the securitization process?  The answer is, and let’s be honest about this… they weren’t.  A homeowner was not prejudiced by the fact that the bank did things wrong as far as the securitization process is concerned.  And homeowners wouldn’t care about any of this… had their bank just modified their loan as they requested in the first place.  CONTINUE READING

Martin Mandelman; Mandelman Matters

Need a Lawyer?

Two Top Tier Lawyers Ready to Sue Servicers for Defrauding Homeowners

For the last three years plus… as the foreclosure crisis has quietly sucked the life out of at least 10 million Americans, there’s been essentially nowhere for these defrauded individuals to turn for justice.  They’ve been told that HAMP’s rules are merely guidelines, that loan modifications are purely voluntary… and they’ve learned the hard way that if you can’t make your mortgage payment, many of the things that should matter… don’t.

Well, two lawyers that I interviewed on the video below have spent the last six months plus, doing the research and preparing the complaint that they will now use to sue mortgage servicers on behalf of California homeowners.  And Mark Zanides and Kenneth Gertz are formidable opponents, even for Bank of America or JPMorgan Chase.  They’re not the types that are used to losing, and they’re not the kind to be pushed around either.  CONTINUE READING

Foreclosuregate Status

Posted on October 26, 2010 by Neil Garfield

ALL SECURITIZED LOANS PAID IN FULL

EDITOR’S NOTE: This probably applies to private student loans too. The government guarantee is a nullity if the participating member bank did not actually make the loan. Hence the student loan is dischargeable in bankruptcy or already paid in full. Think about it.

First: The assertion has been made that the lenders and holders of the notes were paid in full. That is, they have no economic damage from the default (!) due to the way they structured the deals.

Second: The assertion is made that there was fraud in the inducement in all of these loans, in that there is an implied duty of dealing in good faith in all contracts that was violated by the banks that made knowingly bad loans – which we now have sworn testimony on. While this is not settled by any means, there is currently pending litigation on this point, and if this approach wins, well, then you go – those contracts are voidable.

Third: The allegation is made that the banks were not stupid – they knew the mathematics (as we all do now) and intentionally crashed the market. That just compounds the second point.

Fourth: MERS has given sworn testimony that they have no economic interest and have nothing to transfer.  Oh wait a second….. then how the hell do they transfer a deed they don’t have (even though they’re listed as Mortgagee) to someone who then forecloses – or alternatively, forecloses themselves on behalf of someone else.  FULL STORY