Kim Novak's Utah Real Estate Blog

 

I am currently representing a Buyer client on the purchase of a Short Sale. The Seller's first mortgage is a Fannie Mae backed loan with Wells Fargo. The second is with US Bank. This is a traditional short sale, not HAFA.

Wells Fargo has issued their approval, with no Seller contribution at closing or promissory note. They have allocated 10% to the second mortgage, per their investor guidelines, and will permit no more - to the exclusion of additional funds/promissory notes from the Seller or the Buyer that those parties would be willing to bring to the closing table. US Bank has rejected these investor terms. 

Now, you're thinking, "so what's so unusual about any of this?" What's my point?

My point, a question really, relates to the listing agent's ethical responsibility given this situation (per the Realtor Code of Ethics). Since the second mortgage has rejected participation in the short sale, shouldn't the listing be removed from the MLS? Or is it acceptable to let it languish, as part of an already bloated inventory, until it dies a natural death as an expired listing?

I'm looking forward to reading your comments. Please post!

 

Soapbox: "A thing that provides an opportunity for someone to air their views publicly."

I read an article earlier today that made me gasp (which in the new vernacular means that it was compelling enough for me to hit the "share" button and comment). The US Government has filed a lawsuit against Deutsche Bank. That's the good news. The bad news is that it involves $1.274 BILLION that HUD - that's us - has paid, or in the process of paying, this ONE bank, for bad loan insurance claims.

The heartbreaker is that this is really about bailing out a bank, not for mortgages that it originated (which would legitimize the HUD compensation), but for a bad investment decision Deutsche Bank made in 2007 when it bought a subprime/Alt-A lender, MortgageIT.

How did a lender who "specializes" in subprime/Alt-A mortgages EVER get approved to originate HUD insured loans? From my brief internet foray into researching MortgageIT, it doesn't look like they did. They simply bought HUD backed loans from "small to mid-sized banks, credit unions and mortgage bankers" to enhance the marketability of their own portfolio. The one that Deutsche Bank bought off on.

That being said, I know that Deutsche Bank is not stupid. I know that Deutsche Bank did their due diligence. I know that Deutsche Bank got burned. Wait, did they?

Deutsche Bank Posts Best 1st Quarter Since 2007

Executive Summary? Deutsche Bank Net Profits Up 17%

Shame on us ...

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I know that this video is a little long, but my tour guide was so enthusiastic and "in the know" that I practically forgot that I was recording our conversation. The museum is located at 2000 W and 1700 S and is part of a larger complex that includes the Syracuse City Municipal Building, the Post Office, the Northwest Branch of the Davis County Library and the Public Safety Building.

The center consists of four individual buildings. The barn seems much more interesting than the displays in the main building, primarily because it is set up for more interactive learning. You can tell that it is a favorite field trip destination for elementary school children in Syracuse. The barber shop and pioneer home are curiosities because of their age, but are locked up securely to maintain preservation.

If you’re thinking about moving to, or from, the Syracuse area, please contact me!

A recent news article in the Standard-Examiner, Layton Sets Goals for 2011, highlights Layton City's state of readiness for tenant growth at the East Gate Business Park. Janicki Industries, currently first, anchor and only tenant, is moving quickly to achieve their late spring start up timetable.

East Gate Business Park is located just north of the intersection of HWY 193 and Fairfield Rd in Layton, Utah, adjacent to Hill AFB to the west and Sun Hills Golf Course to the east. Ideally located for any business venture looking to expand in or into Northern Utah.

Moving to Utah? For relocation and real estate information near Hill AFB, please contact me.

During 2010, there were 25,119 sales closed and posted in WFRMLS (Wasatch Front Regional Multiple Listing Service - Utah). There are currently 8,194 active agents. That's only 3 sales, per year, per agent.

When you're interviewing a Realtor® to represent your home buying or home selling interests, an important question to is, "how many clients did you, Ms/Mr Realtor, help achieve their homeownership goals this past year?"

This is an especially important question because there is and has been no room for error in pricing and negotiation, advertising and marketing, during this continuing housing crisis.

In order for you to be successful achieving your home buying or home sale goals, you'll need a Realtor® who is experienced in working through the challenges of THIS real estate market.

-- Thankful for 48 Closed Sales in 2011!

Kim Novak, RE/MAX Masters Broker Associate (About Me)
BSBA, ABR, CDPE, CRS, CSP, ePRO, GRI, SRES, 203k Specialist (My Resume)
RE/MAX Masters is an ERC: Employee Relocation Council Member

(801) 726-1443 Mobile
(800) 977-7835 Toll Free Phone
(866) 541-2392 Toll Free Fax

Join My Utah Real Estate Tribe on Facebook!

email kimnovak@remax.net
website www.UtahHouseandHome.com
blog www.UtahRealEstatebyKimNovak.com

Today's Real Estate Market Agenda Click Here
Search the Wasatch Front Regional MLS for Homes Here

Please let me know, by January 5th, if you would like to join me! I have four extra tickets available for non-Realtor® guests. If you're thinking about buying or selling a home, this event would provide much more relevant, decision making information than the news you get from any of the national media outlets. All real estate is local, and this is OUR local housing report.

(Salt Lake Realtors) BOARD OF DIRECTORS MESSAGE

... 2011 Salt Lake Housing Forecast Breakfast on Tuesday, Jan. 11 at 8 a.m. at the Little America Hotel in downtown Salt Lake City.

This year Lawrence Yun, chief economist for the National Association of REALTORS, will speak on recent developments in the housing market and the direction home prices are headed in the next 12 to 24 months.

In addition, a housing forecast by James Wood, director of the University of Utah's Bureau of Economic and Business Research, will be distributed. This report will offer a glimpse of what is in store for Salt Lake County in 2011.

Seating is limited. The deadline to register is Wednesday, Jan. 5. Members are free. $25 for guests.

Although it will be quiet through the week leading in to the new year, January 3rd, the first business Monday in 2011, will bring renewed activity to our real estate market. All indicators point to a January 2011 that will bring with it stabilization of home values and the quantitative beginnings of recovery in our local housing market.

With both home prices and interest rates at historic lows, it is a perfect time to buy.

With prices and rates bringing more buyers in to the market, it is a perfect time to sell.

Good News Report - Utah's Unemployment Rate Remains Significantly Below National Average

Utah's Employment Summary: November 2010

Update on KeyBank's 100% Financing Program:

In my last post about this topic, I referred to this as a "new" program. After meeting with Kristin Shields and Will Mullin, KeyBank Mortgage Advisor and Relationship Manager respectively, I know now that Key has had this program in place for +/- four years.

Disclaimer: The information that I am sharing here is NOT to promote KeyBank. As a professional REALTOR®, representing both buyers and sellers, it is my responsiblity to have a broad knowledge of available financing to achieve my client's home ownership (or home sale) goals. Lender guidelines vary, the most significant of which is FICO score minimums. I have experienced some lender FICO requirements as high as 720. KeyBank's 620 benchmark is extremely borrower friendly.

The 100% program is actually called the "Key Community Mortgage". I entered the meeting a skeptic. I left a believer. And I can't wait to share this incredible financing opportunity with my clients. No other lender that I am aware of is offering a truly obtainable community mortgage such as this. I was even able to get a glowing recommendation about the program from a title officer who I know and trust, who has successfully closed a Key Community Mortgage.

Meeting Summary

Question: Why is KeyBank offering this program? It seems too good to be true, or too good to last.
Answer: This is Key's way of meeting federal requirements for community investment.

Question: What does this mean, realistically, in terms of purchase price and interest rate, for the borrower?
Answer: A $500 minimum investment, approximately .25% add on to the interest rate (example: yesterday's rate was 5.25% = .25% over yesterday's VA rate), and, based on income guidelines, works ideally on a purchase price up to $180,000.

Question: Are the funds available for this program limited, capped or budgeted?
Answer: NO

Cool Program Details

Minimum FICO score is 620. This is also true for their FHA and VA loans.

Income limits are based on Borrower's Income only, not Household Income, which is problematic sometimes with Utah Housing Loans (another 100% option)

Income limits do not apply in Target Areas (refer to the program guide, pages 6-9, to determine tract income level of subject property and financing guidelines)

No First Time Homebuyer Requirement

No Mortgage Insurance, so the .25% rate add is a non-issue

Can be used to refinance at 90% CLTV

And, the coolest of the cool, is that each Key Community Mortgage is manually underwritten. Aha! A lender that realizes that a person, and their life, cannot simply be reduced to a three digit number and an underwriter guideline.

For More Information Contact: Kristin Shields, Mortgage Advisor Phone: 801-792-2625 Fax: 216-370-9481 Email: Kristin_Shields@KeyBank.com

Tell Her You Read About the Program Here!

VA Appraisals and Utilities Update:

According to VA Denver, the utilities, furnace, water heater, etc do not need to be on for a VA appraiser to complete the appraisal. Most lenders/underwriters, such as those at Wells Fargo and KeyBank, agree that they only require the property to meet VA guidelines, and do not have additional lending/underwriting layering. The appraiser is only required to note deficiencies if there is an obvious problem ie a red tagged furnace.

This is great news if you happen to be working with a VA buyer on the purchase of a foreclosed or short sale home, especially during the winter. Most banks and home owners of vacant properties can and will arrange for the utilities to be on for the purpose of a home inspection, for a brief period of time. Coordinating schedules between utility providers, de-winterization, and home inspectors is generally doable, but throwing an appraiser's schedule in to the mix is generally not.

FHA appraisal guidelines are not as lenient. All utilities must be on and the furnace, water heater, etc must be demonstrably operational.

VA Appraiser's Handbook

I have always been under the impression that the utilities must be on and the furnace, water heater, etc must be in operating condition when a VA appraiser appraises a home. Apparently, that isn't the case. It is true for FHA appraisals, but not VA.

This morning, I received a telephone call from a VA appraiser to schedule an appointment to get in to one of my (approved) short sale listings. I told him that the home was vacant, but that the seller had made arrangements with the utility companies to have utilities all on the previous week, for the buyer's home inspection and appraisal - with the lender's coordination. As of now, except for the electricity, the utilities have been shut off again.

The appraiser informed me (much to my relief) that VA did not require that the utilities be on - only FHA appraisals have that condition. For VA, the appraisers operate under the "reasonable person" theory. The theory that a reasonable person, and prudent home buyer, would have a professional inspection to determine if the furnace, water heater, plumbing, etc were in proper working order.

I have tried, unsuccessfully, to find the VA documentation to confirm this. What is interesting is that I cannot locate anything that says that the utilities MUST be on, either. In search of a definitive answer, I've posted the question on the Appraisal Institute's Facebook Page and also joined the Appraisers Forum.

Follow up to be posted. If you know the answer to this question, please post!

Research Documents:

VA Appraiser's Handbook
VA Pamphlet 26-7 Revised: Lender's Handbook
VA Pamphlet 26-7 Revised Chapter 12: Minimum Property Requirements (MPR)