Archive for Legal

Dec
15

Breaking Real Estate News

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 Build A Fortune With Real Estate Foreclosures And Short sales – Click Here!

The San Francisco Chronicle

Mortgage debt at lowest level in nearly 5 years
The volume of outstanding home mortgages declined to $9.88 trillion from $9.94 trillion June 30, according to Federal Reserve data released Thursday.

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USA Today

What went wrong with foreclosure aid programs
The Obama administration’s initial foreclosure-prevention programs were intended to help 7 million to 9 million people.  So far, they’ve aided about 2 million, and not all of those are out of foreclosure danger.

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The Los Angeles Times

Consumer protection bureau opens mortgage complaint hotline
The Consumer Financial Protection Bureau’s new mortgage complaint service is an extension of the agency’s existing hotline for credit card-related disputes and inquiries.

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The Wall Street Journal

REALTORS® to revise 2007-2011 sales data lower
The NATIONAL ASSOCIATION OF REALTORS®, which publishes a monthly report on sales of previously occupied homes, said it will release revisions to home sales for 2007-2010 and for the first 10 months of this year.

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Build A Fortune With Real Estate Foreclosures And Short sales – Click Here!


Building In Washington D.C.

Mortgage servicers must provide a single relationship manager to borrowers being evaluated for a Home Affordable Modification Program trial by Sept. 1, according to guidance released by Read More→

Categories : Industry, Legal
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Herman Thordsen is an attorney who provides valuable information that I often refer to. Please read what he has presented here as it will help you in the case your lender failed to follow these requirements here in California Read More→

Categories : Legal, Procedures
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Aug
24

Finance Your Home Purchase

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Visit houselogic.com for more articles like this.

Copyright 2010 NATIONAL ASSOCIATION OF REALTORS®

Categories : Legal, Procedures
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NO MORE STATE TAX ON FORGIVEN DEBT

Distressed homeowners no longer have to pay California state income tax on debt forgiven in a short sale, foreclosure, or loan modification. Enacted into law yesterday, Read More→

Categories : Legal, Taxes
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I’m gratified to report that late this afternoon, Gov. Schwarzenegger signed Assembly Bill 183, the Homebuyer Tax Credit legislation, into law. His actions today are the result of our efforts in Sacramento over the last several weeks as members and our team in the capital worked for the bill’s passage before it landed on the governor’s desk. Read More→

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10 Good Reasons Lenders Should Say No to Priority Losses

 

1. Goodwill

If you permit the borrower to start construction before your deed of trust is recorded you are relying on the borrower’s ability to get the title company to accept an indemnity to issue its policy without exception to possible mechanics’ liens. The title company may not accept the indemnity. If the indemnity is refused you cannot fund the loan and that will create a loss of goodwill with the borrower.

2. Added Costs

Even if the title company issues its policy the lender may face added costs when mechanic’ liens are recorded. Your staff, particularly the senior management and legal department, will spend additional hours on settlement negotiations and legal actions.

3. Closing Delays

The inspection for priority of a deed of trust is not made until the recording is anticipated. When the title company inspection reveals construction has started, closing is delayed while the title company gathers the facts if needs to evaluate the acceptability of the risk created by the start of construction prior to recordation of the deed of trust.

4. Litigation Delays

In the event mechanics’ liens are recorded, a sale of your loan or its payoff may be delayed. The title company may decide to challenge the validity of the liens. While the needed litigation proceeds you may incur months or years of delay in selling your loan or having it paid off. You do not have the control you would have when prior recordation is achieved.

5. Loss of Take-out Lender

A take-out lender may not purchase your loan or make a new loan in the face of recorded liens even if the title company insures against loss or damage because of enforcement of the liens. By law, many lenders must have a first lien position, and special insurance by the title insurer does not meet those legal requirements.

6. Marketability of Title

A buyer may decline to buy the completed work of improvement of any mechanics’ liens are recorded. This could result in your funds being tied up longer than expected resulting in a loss of earnings.

7. Adverse Publicity

In the event of legal action the lender’s name is used in the suit, not the title company’s. Such adverse publicity is not needed.

8. Bankruptcy Delays

 
To forestall foreclosure of a mechanics’ lien the borrower may file bankruptcy. In that event your funds are tied up for periods of time far in excess of those contemplated when the loan fees were charged.

9. Foreclosure Problems
 
The foreclosure of a deed of trust recorded prior to the start of construction generally extinguishes mechanics’ liens. Such is not the case if construction starts before recordation of your deed of trust.

If the deed of trust is recorded after the construction commences all lien claimants’ interests may be superior to the deed of trust. This is true even if the lien claimant started work after the deed of trust has been recorded. All lien claimants’ rights begin at the same time, that is, at the time the first work is started on the project.

10. You do NOT have the control you would have when prior recordation is achieved.
 
Prevent Problems. While no one makes a construction loan expecting problems, we must recognize that problem projects do arise. The best way to avoid problems is to anticipate them. Insist on prior recordation of the construction loan. Remember, a deed of trust recorded before the start of construction and before materials are furnished is prior to the claims of any mechanics’ liens.

Have a great weekend!

Angie Paratore
Commerce Title Company
5750 Sunrise Blvd. #220
Citrus Heights, Ca 95610
phone:  863.1791
fax:  863.3296
cell:  847.9211
angie.paratore@titlemail.com
Categories : Legal, Procedures
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Dec
10

Foreclosure Vs Short Sale

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What Are The Consequences Of A Foreclosure VS Short Sale:

So, you’ve met with a professional who is suppose to be knowledgeable about foreclosures and you still are not sure whether to let your home go to foreclosure or expend the mental energy to attempt a short sale on your property. Here are some very important points to consider in making your final decision on whether to short sale or foreclose.

Impact On Your Credit Score:

Keep in mind that there are too many variables outstanding to make a blanket assertion as to the affect on your credit score because everybody’s circumstances are different. That being said, it is possible for your score to be lowered anywhere from 250 to over 300 points if you let your house just go into foreclosure and can typically affect your score for over 3 years. With a short sale only late payments on the mortgage will show and after the sale the mortgage is typically reported as paid, negotiated, less than full payment, etc. Providing all other payments have been made on time this could potentially lower your score as little as 50 points. This does however depend on other facts like, length of credit history, amount of credit, balance to credit ratios, etc.

Impact On Your Credit History:

A foreclosure will be reported on your credit history for at least 7 years. At the time of this writing there is no reporting for a short sale. The loan is typically reported as paid, negotiated, less than full payment, etc.

Ability To Obtain Future Fanniemae Financing On A Primary Residence:

Letting a home go to foreclosure renders you ineligible for another Fanniemae backed mortgage for a period of 5 years. If your are successful closing a short sale you will be eligible for a Fanniemae backed mortgage after 2 years.

Ability To Obtain Future Fanniemae Financing On A Non Primary Residence:

If you are an investor and you let the home go to foreclosure that would render you ineligible for a Fanniemae backed mortgage for a period of 7 years. If you are an investor and you are successful at closing short sale you will be eligible for a Fanniemae backed mortgage after only 2 years.

Ability To Obtain Future Financing With Any Mortgage Company:

On any future 1003 application, a prospective borrower will have to answer YES to question C in Section VIII of the standard 1003 that asks “Have you had property foreclosed upon or given title or deed in lieu thereof in the last 7 years?” this will affect future rates. There are no similar declarations or question regarding a short sale.

The Affect on Security Clearances:

A Foreclosure on your record can make obtaining a security clearance impossible. It can rate just below a felony conviction or a serious misdemeanor. If you have a foreclosure and are a police officer, in the military, in the CIA, Security, or any other position that requires a security clearance in almost all cases clearance will be revoked and position will be terminated. A Short Sale on its own does not challenge most security clearances.

The Affect On Your Current Employment:

Employers have the right and are actively checking the credit regularly of all employees who are in sensitive positions. A foreclosure in many cases is ground for immediate reassignment or termination. Because a short sale is not reported on a credit report there are usually no employment issues.

The Affect On Future Employment:

A lot of employers are requiring credit checks on all job applicants. A foreclosure is one of the most detrimental credit items an applicant can have and in most cases will challenge employment. A short sale is not reported on a credit report and as a result there are usually no future employment issues.

Deficiency Judgment:

Depending on your state and laws the bank has the right to pursue a deficiency judgment. With a short sale it is possible to negotiate with the lender to not pursue a deficiency judgment against the homeowner.

The Affect On Your Well Being:

This might not seem very important, but the sense of failure that most people seem to feel when there house goes to foreclosure can not be discounted. Homeowners seem to feel better about themselves when they can successfully negotiate a deal with the bank thereby saving themselves the perceived humiliation of not honoring there word to pay

Categories : Legal, Procedures
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