Foreclosure Help In Jacksonville FL

Things are changing in the world of foreclosures and distressed home owners. The Feds have finally mandated some guidelines for Florida lenders to use to help home owners in trouble. If you're considering a short sale or foreclosure, please read the following article from EZine Magazine. This is the new program that will start on April 1st. I hope this will help you. If you find out that you might need to do a short sale, give me a call and we can discuss exactly how it works. Let me know what you think about the new plan to help homeowners decide what to do about their situation. Please keep in mind that all of the options listed below are for PRIMARY residences only. No investment property is included in the program. Call if you have questions.


Although the foreclosure mediation process has been around for many years, until recently it's been mostly voluntary and not widely publicized to homeowners throughout Florida. Borrowers who are behind on their mortgage payments or are in serious risk of default may not be aware that this program exists or realize that they have rights and options along the way of the foreclosure process.


Currently, Florida is one of the hardest hit states in the nation, with almost half a million foreclosures lawsuits in various stages of litigation. On December 28, 2009, the Florida Supreme Court mandated mediation for Floridians who are in danger of losing their homes through foreclosure. Chief Justice Peggy Quince directed each Chief Judge of the 20 judicial Circuits to issue an administrative order addressing how the managed mediation program will be handled in their respective Circuit. This Supreme Court Order strives to reduce the foreclosure overload that is currently clogging our court system and monopolizing limited judicial resources.


State guidelines must be followed when conducting foreclosure mediation in Florida. Mediation managers are required to schedule sessions no less than 60 days and no more than 120 days after the filing of the foreclosure case has occurred. Meetings are usually several hours and lenders are required to pay a $750 fee up front, which may be recovered in the final judgment if mediation fails and the suit proceeds to foreclosure. The house in default must be the homeowner's primary place of residence and the loan must have originated under the federal truth-in-lending regulations. Exceptions to the mandatory foreclosure mediation will be granted where the borrower and the lender reach an agreement to forego mediation, mediation was previously unsuccessful, or the homeowner cannot be located.


Mediation enables troubled homeowners to meet with their lenders at the bargaining table to renegotiate the terms in their mortgage and address other issues and circumstances surrounding the borrower's default. Mediation not only removes the fear the borrower has in communicating with the lender, but brings both parties together in an informal setting that will help decide if modifying the loan terms or if another remedy, such as short sale on the house or deed in lieu of foreclosure, is a more appropriate and reasonable solution.


The Mediator is an impartial and neutral third party who will bring a fresh perspective to the case at hand. In the managed foreclosure mediation cases, he or she must be Circuit Court certified and specially trained in foreclosure law and mortgage modification issues.


Before a homeowner can be eligible formediation, he or she must see a foreclosure counselor who is approved by the U.S. Department of Housing and Urban Development. After obtaining advice from such a professional, troubled borrowers have been found to be less likely to re-default on their mortgages.


The record volume of foreclosures in Florida is threatening to break its court system. With the new mediation requirement, the hope is that applicable cases will be directed away from the courts and handled in a more timely and efficient fashion.


If you or someone you know is facing foreclosure mediation, be sure to insist on a qualified, competent Circuit Court certified mediator with experience in foreclosure law and mortgage modifications and the short sale process.

Article Source: Michelle Berg is a Magna Cum Laude graduate of both Boston College and the University of Miami School of Law. She has experience handling a variety of real estate issues in south Florida, both as an attorney and as a mediator.

Call if I can help.

Jacksonville Short Sale Answers

This is a post written by a REALTOR in South Florida that explains the way a short sale and loan modification works. It's easy to understand and makes it all a little clearer. Worth the read!


Is Your Short Sale or Loan Modification Being Turned Down?
Has your short sale or loan modification been turned down and you have no idea why? Let's examine some of the reasons. These reasons may not make you feel any better or maybe they are just excuses by your lender, however there are a few things you may not even know about your loan.

Let's say that you make your mortgage payment to Wells Fargo. You can no longer handle your payments so you ask Wells Fargo to modify your loan- to do a loan modification for you. You are behind in your payments. You are in fact, in foreclosure but you are still living in your home and the judge in your case has not ordered the sale of your home at auction yet. You are scared. You see your neighbors losing their homes all around you. You are hopeful because you see on the news and in the newspapers that the Federal Making Homes Affordable Program has been helping some folks keep their home and get a loan modification.

You are no longer making your mortgage payment because your adjustable rate has been applied and your mortgage payment has gone from $1600 a month to $2300 per month. You just can not make these payments. You have been trying for almost 2 years now to get Wells Fargo to approve your loan modification. You even hired an attorney to help you with your foreclosure defense.

Wells Fargo turns down your loan modification request. You wonder, how could this be? After all, Wells Fargo is one of the large lenders and is participating in the government's Federal Making Homes Affordable program.

But Wells Fargo tells you that the investor is the one that will not allow you to get a loan modification. What in the world is an investor doing making decisions on your loan you wonder. Well, you are not alone in your confusion. Every day we are explaining the whole mortgage note owner thing to buyers agents, real estate agents and homeowners.

Just because you make your house payments to Wells Fargo does not mean they own that note that you are paying on. They are the servicer. Other words you will hear them called are asset management companies.

The very first thing you need to do before you ask for a loan modification is to find out who actually owns your note. You can do this by calling who you make your mortgage payments to and asking them.

If it is Freddie Mac or Fannie Mae that own your note- you have a much better chance at getting your loan modification approved if you qualify. If it is a private group of investors, your chances go way down. Why would this happen?

One in eight homeowners' loans were sold to investors on Wall Street. What happens is that a bunch of loans are packaged together. These are called mortgage-backed securities. They are then sold off to investors. Homeowners who have mortgage-backed securitized loan are five times more likely to be late on their house payments. Many of these borrowers were given loans they were not qualified for from the beginning. Many of the homeowners getting these loans did not read the fine print and did not realize how high their mortgage payments might go when adjusted.

The rules to allow modifications, short sales and terms of foreclosures and deficiencies are ambiguous at best. Homeowners who are told no by the investor have little recourse.
The federal Making Homes Affordable program lenders who participate in the program must modify all homeowners that qualify. The exception is when the investor has a rule that they do not allow modifications.

The Federal Housing Finance Agency reported to Congress on June 3rd that these securitized mortgages are a "hurdle" to the success of the Making Homes Affordable program. The treasury department has not disclosed why the modifications are denied so there are little to no facts to go on.

Why would the investors say no to your loan modification? Well, Wells Fargo's response is that the investors need their money. Wells Fargo has one situation where the borrowers ( the homeowners) are trying to get their loan modified but Goldman Sachs is the issuer and Deutsche Bank is the trustee. But when you go and talk to these investors and we have on several occasions when doing short sale negotiations for our sellers; the investor passes the buck back to the servicer. For instance, Deutsche Bank says that Wells Fargo is solely responsible for the decision to modify a loan or not.

Some people say that the investors are the scapegoats. Everything can easily be blamed on them. Since you rarely get to speak to anyone at the investors' group it is hard to tell who is telling the truth. In this particular situation Wells Fargo is saying that the investor is not forgiving the past due debt and that makes the payment go up on a loan modification because then Wells Fargo would have to put that past due balance along with all the penalties and fees into the loan modification which then may cause the homeowner to not qualify financially for the loan modification.

Servicers have agreements, contracts that they sign with investors. These agreements contain the rules for modifications. These agreements are called Pooling and Servicing Agreements which is known as PSA's. The PSA is most often what the servicer says is the reason for them not being able to do the loan modification or release the deficiency on a short sale.
But when you talk to other people in the management areas or to the investors they claim that there is nothing in the PSA's that would prevent the servicer from approving loan modifications, short sales and releases. There is a new study coming out from a law school wherein they state that only 8% of these mortgage-backed securities agreements contain any language that says the servicer is not allowed to do a loan modification for these notes. That means that about 92% of all the NO's; could actually be YES's. So why would that even happen?

Fear of law suits! The language in the PSA in question here, Wells Fargo and Deutsche Bank- it says that Wells Fargo can "waive, modify or vary any term" as long as Wells Fargo as the servicer makes a "reasonable and prudent determination" that the modification is in the investor's best interest. Attorneys examining these agreements say there is quite a bit of room for servicers to make these decisions. But the language itself in this agreement is enough for the servicers legal counsel to be concerned with the investor suing them for not acting in the best interest of the investor. They can not, no matter how inhumane this sounds, put the homeowner ahead of the investor. This is about business and if they want business from investors they need to make sure they are looking out for the interests of the investors.

The treasury department has stated that the fear of law suits is the biggest deterrent to getting the servicers to approve loan modifications and short sales. So doing little or simply turning down the loan modifications are the answer many servicers choose. This is not personal and this is not against you, the homeowner. The position of the servicers is to watch their own backs and to protect the assets to which they have been entrusted with, your mortgage-backed security. The Treasury Department says they can relieve some of the pressure of the fear of lawsuits by standardizing requirements for loan modifications and also provide some type of calculation to figure out if the investor will make more money by the loan modification or by the foreclosure.

We need to keep in mind one big thing in all of this and that is that these investors end up being regular people because most of these mortgage-backed securities were bought by pension funds and retirement plans of folks like your parents or even yourselves. You may well be one of the shareholders of the very loan you can not pay.


Written by:
Nestor & Katerina Gasset Realtors® Wellington Florida Luxury Homes

Short Sales in Jacksonville

The $8000 Tax Credit, as currently written, expires on November 30th. If you've been considering buying a short sale, you might be too late! They have consistently taken 90-120 to close and with that in mind, you need to write a contract TODAY! Of course, there are a few weird exceptions that have closed in 60 days, but for the most part, a 90 day minimum is the norm.

Please don't wait! There is a chance they may extend the credit and I hope they do! It's keeping the real estate market alive right now. BUT. There's just no guarantee that they will.

If you have a short sale in mind; if you like it, you'd better make an offer right away in order to beat the deadline.

Call me today for more information about buying a short sale and about how you might qualify for up to $35,000 of bond money!

What do you mean the house is sold?

Oh my gosh. I think I'm making believers out of my buyers these days! I'm NOT using car salesmen tricks by saying "you better buy it now or it'll be gone". Read my lips: you better put an offer on it or it will be gone!! I kid you not. That's how hot the Jacksonville market is right now. First time buyers are gobbling up the houses in the 100-185,000 price range like I can't even believe. This is a hot, hot price range and the inventory is there to give everyone lots of choices.

The $8000 credit towards closing costs is really going to help a LOT.

Call me today and let's go find one of these bargains for YOU!

FL Market Out of Control!

News from Florida Assoc of Realtors is a mixed bag, to say the least! Sales are way up--with prices WAY down. At least some of the inventory is "going away". There have been lots of sales because of all of the foreclosed properties and short sales. That's okay if you're a buyer....not so good if you're trying to sell your home right now. It's all about PRICE in this market. If you're a seller, you're competing with dirt cheap houses all around you. Now, more than ever, if your home isn't priced right, it's not going to sell. Pure and simple. Here's a little bit of what the experts have to say about this crazy market...





...“Many people are looking at today’s market and seeing opportunities to find the home or business they’ve always wanted,” said 2009 FAR President Cynthia Shelton. “With a range of available housing options, historically low mortgage interest rates and affordable prices, buyers who may have been hesitant before should take a closer look at the current opportunities for homeownership. As real estate professionals who know all aspects of their local market conditions, Florida Realtors are here to help counsel consumers making sound long-term decisions for their homes and their businesses.”

..."NAR’s latest housing outlook shows that home prices continue to fall, but also notes a trend of increasing sales activity in the Florida, California, Arizona and Nevada markets. “It appears some buyers are taking advantage of much lower home prices,” said NAR Chief Economist Lawrence Yun. “The higher monthly sales gain and falling inventory are steps in the right direction, but buyers will continue to have an edge over sellers for the foreseeable future.”

TRANSLATION: Buyers market! Are you thinking of buying a home? Do you know you can get up to $35,000 in firt time buyer assistance? Do you know that you get a $8000 Tax Credit if you buy in 2009? Good grief! What are you waiting for???

Call me today and let's get out there and find YOU a bargain!

North Jacksonville Townhome For Sale $99,900

Jacksonville Homes For Sale

Great Article on Selling Your Home
by Anonymous (I read it online and loved it! Started following other links and never got back to the article!) Enjoy the read. IT IS SO TRUE!

Selling a home in a declining market starts with a proper attitude and finding the right Realtor® who is optimistic and knows the right sales techniques in this tough market. Even though most people and economists are down on the housing market (feel it is depressed, that the economic recovery isn't going to happen in the next few months, and consumer confidence is down), it doesn't mean that you can't sell your home.

The truth of the matter is many people will sell their homes between now and this summer. While many sellers and real estate agents take a reactive approach to market conditions, those sellers who take a more proactive and realistic approach to the market will be the ones who sell their homes. These are the sellers who take advantage of this market and move up to their dream home! First, be honest about appraising the condition of your home.

The key to successful selling in a 'declining market' is pricing your home at today's market value, having your home in tip-top condition and being able to work with a prospective buyer on financing needs and terms. Don't let your ego or pride get in the way when determining a price for your home. Put yourself in the buyer's shoes and walk across the street. Curb appeal to a new buyer is a very important and is many-times overlooked.

Secondly, take a leisurely walk through your home jotting down the little things you might do to spruce it up. New carpeting, a fresh coat of paint, new light fixtures, mirrors, etc., are items that will give your home more emotional appeal and does not cost too much. Put away the clutter throughout the home. Rooms free of clutter will appear bigger and the new buyer can visually 'move into' your home much easier. Remember, new buyers are not buying your furniture.

Finally, be patient. The real estate market has changed considerably since the last run-up where homes sold in hours or days. We are now experiencing a more "normal market" where homes take 90-120 days to sell. Remember, inventories are at an all-time high right now. Bank foreclosures are all around you and many buyers will have difficulty qualifying for a new loan. Lenders also have very strict guidelines now and consumer confidence is very low. Allowing for a normal marketing period will do a lot to alleviate your impatience when you have few showings of your home or a lack of offers to review.

A good Realtor® will keep you abreast of market changes, activity on your home and others in the neighborhood, while maintaining a "teamwork" concept that is paramount for a successful sale. Properties need ample time to be exposed to the public and finding the right buyer requires a good understanding of the market as well as sales values. In all honesty, there are no easy answers but one thing is for certain, even in the worst markets, there are people selling homes and taking their equity!

AMEN!

Home Sales Up in Jacksonville-Foreclosure driven

Homes sales have been quite brisk the past 30 days! Unfortunately more than half of those sales have been preforeclosures and short sales. The market is clearly price driven. The investors have come back out and first time buyers are finding deals galore! It's a great time to be a buyer in Jacksonville! Unfortunately, those that aren't in a short sale situation, those trying to get a fair price for thier homes, these are not such good times. If the seller is trying to compete with these foreclosed homes, good luck! The price of the short sale homes are usually 20% or more below the other homes in the neighborhood, naturally pulling the value of the homes in the entire area down with it. This is a tough time to try and sell a house at full value!

If you're a buyer that's been sitting on the fence, it's time to JUMP! Interest rates are still low--inventories are HIGH--foreclosures are at an all time high! What in the world are you waiting for?? Let's go find your dream home. :)

List Em and Leave Em

In the spirit of Halloween...

This is a post worth repeating:

I continually hear people say that their realtor bugged them for weeks to get them to list their house with them. They finally agreed to list it and they never saw the realtor again!! I'm not exaggerating! Check out this story....

New example of a “list em and leave em” real estate company

Wednesday, May 02, 2007JANESVILLE, Wis. — A couple checking out a house for sale were shocked to discover the 55-year-old homeowner dead in her bed. Authorities said foul play was not suspected. Real estate agent Linda Chabucos-Galow stood in the dining room while Justin and Colleen McKeen walked through a house Monday night. Before long, she heard Colleen McKeen scream."I thought, 'What's wrong?' Maybe it was a dead mouse or something," Chabucos-Galow said.But then she peered into the bedroom and saw the body of Linda L. O'Leary.

An autopsy determined O'Leary had been dead for two to three weeks, Rock County Coroner Jenifer Keach said Wednesday. The cause of death remained under investigation, but the woman appeared to have died of natural causes and no foul play was suspected, Keach said.

Gale Kent, the Coldwell Banker First United Realty agent who listed the house, said it was for sale "for a while."Chabucos-Galow said she had noticed a faint odor but thought it was from the mess in the house or the countertop full of dishes.After seeing the body, she said she told the couple: "'We need to leave. This is not right. We need to get out of here.'

"I rest my case! If you want to list your house with someone that will communicate with you---give me a call! I look forward to hearing from you.

What about the tenants??

I've been hit in the face with the harsh reality of what really happens when an investor faces foreclosure on the home(s)he/she bought as rental homes. I've had the unpleasant task of informing renters that the home they're living in is in foreclosure. This is really a bad situation. The renters have been paying their rent on time and have a lease that is good through next year. Unfortunately, they will have to move right away if the home is foreclosed on. They are caught up in the housing nightmare that is engulfing our market. They are the innocent bystanders that are going to suffer through no fault of their own. At least my tenants know!! I have been hearing way too many stories about tenants having Sheriff's officers show up at their door telling them to GET OUT. It's gotten so bad, several cities have begun to refuse to evict these tenants without prior notice. SOMETHING must be done on a national level to ensure that these tenants have ample time to find a new place to live. I'm thinking that if a home is foreclosed on and the property is rented, the tenants should get 60 days to move out. Is this being unreasonable? I don't think so.

I am anxious to see how this all plays out. It's a MESS!

If you're facing a possible foreclosure on your home--CALL ME! Let's see if we can sell it as a short sale.

Facing a Foreclosure in Jacksonville?

Times are tough for a lot of people today. The stock market continues to drop, consumer confidence in the Feds continues to drop, food prices continue to rise, gas prices are high and it just costs a LOT of money to survive today! Are you afraid you might be forced to miss a house payment? Have you missed one (or two or three)? Right now, right this minute, CALL YOUR LENDER. If your interest rate is above 7% please consider refinancing your home. If your credit is less than perfect, ask your lender about a FHA loan. The latest bailout package has help for you in it! I think it may be December before they are able to see exactly what that help will be. I think that you should contact your lender right now, today. They know that they are going to have to help you in some way, shape or form. They will work with you.

Please don't lose your home due to inaction. Call your lender. Try to work something out with them today.

If you're at your wits end and feel like you need to sell your home. Call me. Let's see what we can do for you.

Jacksonville Short Sales

The developments in the finance and mortgage world come as no real surprise to those of us in the trenches. Currently there are 15,000 homes on the market in Jacksonville and of those, 20% are distressed sells. I define a distress sell as either a preforeclosure, short sale, or REO property. A REO property is owned by the bank and has already had all foreclosure proceedings completed. There are 2604 condos listed in MLS and 13% of those are distressed properties. It didn't take an MBA from Harvard to know that something had to give. When buyers can't get financing--Realtors are out of business. When lenders require a credit score of 720 and at least 20% down--Realtors are out of business. When homes drop by 15-20% in value in 6 months--Realtors are out of business.

I now have 5 short sale listings. They are located all over town! I think that this is why I really got into Real Estate. I am trying to help alleviate the pain and pressure that a homeowner suffers through when upside down on their mortgage. Once a seller lists their house with me, I take over the role of negotiator with the lender. I speak on their behalf and determine the rules of the game with that particular lender. They're all different and each case is different. They take every home on a case by case basis. Once I list the home, pretty much all communicaton is through me. This eases the burden on the homeowner. That's what being a Realtor really is all about: helping you solve a problem! Put me to work for you today.

Jacksonville Short Sale