Tuesday, January 26, 2010

Foreclosures vs. Short Sales, what is the difference?

I thought it was worth revisiting this topic even though is is well covered ground. Besides if you were not interested you would not read this. If you don't know the differences or can't remember, then this blog is for you. Real estate in and of itself can be confusing with all of the different terms, laws and other issues. Being that these are still very much apart of the real estate landscape at least in the metro area of Minneapolis/St. Paul, I felt it never hurts to review.

The easiest way to remember the main difference between the two is a foreclosure (as is property, lender owned, corporate owned, ect...) is the bank owns the home out right. The foreclosure process is now over and the bank can sell it to a perspective buyer without issue. Please understand when the bank puts a home on the market it as been assigned to an asset manager. That is the go between of the bank and listing agent. The listing agent answers to the asset manager and the asset manager answers to the bank. They have set it up this way and you as a buyer can't change this. If your agent feels compelled to try and bully any of these parties, it could cost you the home.

Please stop watching late night TV. Those people are NOT in the real estate business, they sell cd's and dvd's. For all you know a year from now those same people will be selling how to get rich selling crap on the Internet. Find a local real estate professional to help you. If you are not sure how to choose one please read my blog on how to hire a buyers agent and the questions you should ask. This is a critical step in the process. A great agent will be worth heir weight in gold when t comes to helping you put a deal together, foreclosure or short sale. Point is the bank does NOT want to talk to you. They want you to go through proper channels to present your offer.

A short sale is typically a situation where the seller has fallen behind in their payments for a variety of reasons. They can no longer afford to stay in the home and ask the bank if they would accept less than what is owed to sell the home. Why would any bank agree to this you ask? Because statistics have shown that the 1st lien holder will recover about 80% of what is owed. With a foreclosure that drops to about 55%. But this does not mean banks will always make the right decision.

Laws vary from state to state so you need to know how the state you live in views foreclosures. In the state of Minnesota there is a 6 month redemption period after he Sheriff's sale. It is very important to know where the property currently stands in the foreclosure process. Here is the general time line in the state of Minnesota. Seller falls behind on payments. They get a few months of late notices in the mail. If the sellers do not get current the bank will typically send another letter informing them that the bank is starting the foreclosure process. Then the sellers will be served by the county sheriff or someone hired by he bank. From that day the sheriff's sale is scheduled to take place in 30 to 45 days. From the date of the sheriff's sale in Minnesota here is a 6 month redemption period where he seller could still redeem the home by paying all they owe in late payments, interest and penalties. If at the end of he 6 months they have not redeems the home, the bank takes it over and the foreclosure is final.

You as a buyer can try to buy that home on a short sale anytime during this process up until the end of the redemption period. Once that ends if your purchase is not final and closed, the purchase agreement becomes null and void because the seller no longer has rights to the property. Be careful when you hear the term "pre-negotiated short sale", I don't believe that it exists. Sure the bank may tell the listing agent that they have agreed to allow the seller to try to sell the homes short but in my experience no bank will agree to anything more than that until the offer is in front of them with every last detail.

My feeling as a real estate agent is that both can be great and both can be bad. That can be said about any real estate transaction. Be prepared, hire a qualified agent to represent your best interests and above all understand as much of the process as you can. It will make you a better buyer and help to make things work out much easier for you.

As always please consult a real estate attorney with any legal questions you may have and your accountant for any tax questions.

Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com

Tuesday, January 19, 2010

Looking back on 2009 in the Minneapolis St. Paul Real Estate market. What does 2010 look like?

I like to review the year that was to see where we have been and hopefully get some insight as to where we are going. In looking over the stats for the year I am starting to see some balancing of the market. I don't know if we have at this point but we appear to be headed that way. I think by June we should have a good idea of where we stand.

A lot will depend on the so called "tidal wave" of foreclosures that is headed our way. Ask anyone heavily involved in that from the banks to the listing side and they all seem to agree on two key points. First that the "title wave " is coming. Second that most will be higher priced homes. Typically the answer to that is $400,000 plus. That is the part I am most curious about is will that number hold up? It seems that many of the lower priced homes were involved in some of the fraud that was taking place along with entire neighborhoods. My guess would be a larger section will be affected from $2500 on up. The reason being is the job loss and another group of arm products that are set to expire. The word on the street is that there are 7 million foreclosures on the horizon. If that is correct it could be roughly 5 1/2 times larger than 2005. The 2nd half of 2009 seemed to finally clear a lot of that up. So if there are that many more homes coming on it will really affect values in all areas of real estate.

The other question will be how much of that will be commercial buildings? With the shift in the job market many business' had expanded to far and are now scaling back. Below is year end data for The Minneapolis St. Paul real estate market. There are always differences from Lakeville to Bloomington to Anoka so this is just an over all view.


13 County Metro Area


According to data released by the three Twin Cities area REALTOR® associations:
In the 13-county metro area, total pending sales for 2009 ended at 52,167 – up 18 percent over 2008 and the highest number of units sold since 2005.
The median sales price in the 13-county metro area in 2009 was $166,000 - down 14.9 percent from 2008. However, prices have seen stabilization recently. December’s median sales price was only down 3 percent from one year prior.
2009 traditional median home price: $204,000 (-8.3 percent from one year ago)
2009 median sales price for lender-mediated: $124,000 (-14.2 percent from one year ago)
In 2009, 43 percent of closed sales were lender-mediated compared with 31.4 in 2008.
2009 closed sales were up 16.7 percent over 2008.
At the start of 2010 active listings were down 22.3 percent from a year ago.
2009 new listings decreased 11 percent from 2008, the lowest showing since 2003 and the third consecutive year of substantial decline.
Average days on market were at 132 in Dec. 2009 compared with 148 in Dec. 2008.
Based on information from the “2009 Year End Housing Sales Statistics Press Release” published in concert by the Minneapolis Area Association of REALTORS® (MAAR), Saint Paul Area Association of REALTORS® (SPAAR) and North Metro REALTORS® Association (NMRA). Data collected from the REGIONAL MULTIPLE LISTING SERVICE OF MINNESOTA, INC. for residential properties in the 13-county region exclusively.

I think it is very encouraging but there are still a lot of unanswered questions at this point. One thing is for sure, it will be an interesting year in real estate for sellers as well as buyers.

Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com

Thursday, January 14, 2010

What are some important questions you must ask before hiring a buyers agent

Finding an agent to represent you is not always the easiest thing to do, especially if it is your 1st home and you may not know what to ask. First I would like to talk about why you would want an agent to represent in the 1st place

Let's start with this question, If you were being sued in a court of law, would you hire the same attorney that is representing the person suing you? Probably not, although this is an extreme example it is important to understand how an agent represents you. The point I am trying to make is if you walk into an open house remember that agent is representing the seller. It doesn't mean that agent can't represent you the buyer as well but their fiduciary responsibility is to the seller at that point. When an agent represents both the buyer and the seller it is called dual agency. In the state of Minnesota an agent can represent both parties but you will want to check your state to see if the same laws apply. If you hire an agent to represent just your side you will never have to worry that they are truly working in your best interest.

Along with that I challenge you to not just pick what ever agent happens to be standing in front of you but interview several agents just like you would if you were hiring someone for a job. The worst thing you can do is hire someone who is not willing to work hard for you or goes against your beliefs and wishes. As long as it is legal and ethical your agent should follow your direction. They are there to give advice, answer questions and talk over options and strategies. They are not there to tell you what to do, they are there to help you.

Here are some questions to help get you started-

1) What is the difference between a short sale and a foreclosure? You are looking for details with this one not just one is bank owned.

2) How many homes have you sold in the last 12 months? This is important to get an idea of how much business they do.

3) Are you full or part time? Hire a professional full time agent, not uncle Bob.

4) What does the clause "time is of the essence" mean? Timing is everything especially when you are dealing with a bank foreclosure.

5) What is the procedure for submitting an offer and how does it differ depending on what type of sale it is? They have to be ready with a plan weather it is a foreclosure, short sale or regular sale.

6) Does the agent understand the language in a bank supplement or addendum? This one is tricky and you are looking for some key points that are common in most bank addendum's. It is always a good idea to ask an attorney to look over these documents to answer any legal questions you may have.

7) Do you know what a "Per Diem" is? This could be costly to you if the deal does not close on time.

8) Will you do a bpo (buyers price opinion or current market analysis) for me before I write an offer? You want comps of the neighborhood and area to back up offer your offer price.

9) Ask the agent what type of negotiation skills they have? Ask for a few success stories.
10) Can the agent explain "agency" to you? They have to be able to explain how it works when you are helping a buyer or seller along with their fiduciary responsibility to you.

Hopefully this will give you a start on your road to a great home buying experience. This process helps the listing agents as well because there is nothing better than working with a professional on the other side of the transaction. As always if you have any legal or tax questions please consult your attorney and tax professional.

Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com

Wednesday, January 6, 2010

Inspections - How they can help the seller as much as the buyer.

Inspections are an important part of the transaction when buying and selling a home. It is a very common thing for buyers and becoming more common for the sellers. I thought it would be worth pointing out a few of the positives for both sides, no matter what side of the fence you are standing on.

Every state and city is different with their laws and regulations so you will want to check to see what is required in your city and state. In Minnesota there are several cities in the metro area that require a truth in housing, time of sale or point of sale inspection. Currently the cities are Bloomington, Brooklyn Park, Crystal, Golden Valley, Hopkins, Maplewood, Minneapolis, New Hope, Osseo, Richfield, St. Louis Park, St. Paul, South St. Paul and Robbinsdale. That is where the city requires a seller to have an independent inspector out to do a home inspection either before the home goes on the market or before it is sold. These types of inspections are different from a home inspection in that the inspectors are looking for code violations and city requirements.

The most common home inspection that most people think of is the one that a buyer has before they purchase a home. They hire an independent inspector to evaluate the home not only to find potential problems but also as a guide to how the home works. That includes general maintenance, where the gas shut off is located and other information. I have always maintained as a buyer that you should hire a professional to inspect a home you are thinking of buying. I consider it cheap insurance and it always help to have another opinion. The tricky part is choosing a good inspector. I am not sure about other states but in the state of Minnesota you do not have to be licensed to be a home inspector. Anyone can print cards and become one. It is very important that you interview several inspectors and choose one that has a background in the trades. They understand electric and plumbing issues, can test a furnace and so on.

Having an inspection done for a buyer is obvious to most people, I want to challenge a seller to consider having one done before they list their home for sale. You as a seller can have the very best of intentions and do a full disclosure on your home but may not know of an issue. If you have an inspection ahead of time you can benefit in a couple of ways. First it keeps you in control of the transaction by knowing things ahead of time. If there is something that needs to be repaired you can have the work done right but not at the mercy of a buyer. If the inspection comes back clean with no issues that is a wonderful sales tool to promote your listing. The buyers can always have their own independent inspection done but what if they hire someone who is not qualified? Now your inspector is on your side and can discuss it with the buyers inspector. You always want to disclose everything you know about your home and do your very best to have it in it's best working order.

One thing I have learned over the years is if there is any type of problem it is always best to meet that head on and find a solution. You don't want to be put in a position where a small issue gets blown way out of proportion. To learn more about what a home inspector does and their standards of practice are visit www.ashi.org. It is one of several organizations that home inspectors can belong to. They offer continuing education and many other benefits to the inspectors.

Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com

Monday, January 4, 2010

Short sales. Can a buyer have a successful transaction?

Yes I believe you can but you must understand what you are getting yourself into as a buyer. It is true that most of the burden falls on the listing agent and the sellers but that does not mean that the agent that represents the buyer can't do some homework to improve the odds of putting together a successful transaction.

Before a buyer decides to move forward with the purchase of a short sale or a foreclosure there are a few things that need to be said. Most people believe that a short sale or a foreclosure home is a great deal. I think that is a fair statement to make but to get a deal you have to be willing to do what many others are not willing to do to get it. Mainly you have to be ready to be very, very patient. This above all is the most important thing that you can do to make this purchase come together. So many buyers get within days of bank approval and give up because they can't wait any longer. I think that is why the 1st buyer to write an offer on a short sale is not the buyer who ends up with the home.

Where the buyers agent can help is by asking several questions of the listing agent before the decision is made to write an offer. One thing I want to say about this is I do not believe there is such a thing as a pre-negotiated short sale. The reason being is a bank can agree that a seller can try to short sale the property they are in but I have yet to come across a bank that is willing to agree to it before there is a written offer on the table. On top of that they want every last detail regarding the current financial situation of what is owed, right down to the water bill. Because these transactions can take longer those amounts can change so they are always requesting updates. Then when they agree to the short sale the letter usually has a 30 day expiration date that you have to close by or they will want all new information.

Here are some questions the buyer agent should be asking on the buyers behalf.

* How many loans are on the property?
* Who are the banks that are involved?
* Are there any other liens on the property?
* Has title work been pulled on the property?
* Are there any offers on the property at this time?
* Were there any offers that have fallen apart?
* Have you sent in the beginning paperwork to start the short sale?
* Is the seller currently trying to modify their loan?
* When is the sheriff's sale?
* Has the bank done it's initial BPO (Buyers Price Opinion)?
* Has the 1st loan shared their time line with you?
* Have you worked with this bank before?
* What paperwork do you include in the package you send to the bank?

The reason these are important questions is that it gives the buyer and the agent some insight into that particular property. If the listing agent can't answer these questions or at the very least a reasonable percentage of them, you may want to consider not moving forward and looking for a different home. The buyer agent should always try to verify as much information as they can through the tax records before they ask these questions.

Gathering as much information as you can before you write an offer is always the best thing to do rather than rushing into a mess. This will help you to make the best decision for you. You will be able to manage your expectations and be able to be patient to get that home you really want.

Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com

Sunday, January 3, 2010

Short Sales. How can a seller have a successful transaction?

Short Sales have become the thing most agents dread. I wonder if it is because so many have not taken the time to research them. Some say they specialize in them some refuse to deal with them along with every other possible opinion in between.

Not every short sale attempt will be successful, mostly due to some banks inability to process information or get the file to the true decision makers on time. Some times unfortunatly it has to do with the agent. You can't control the banks or what they will do but you can be in control of the agent you choose to represent you. I waned to highlight some important questions to ask when hiring an agent to represent you with your short sale.

* What short sale experience do you have?
* What percentage of files do you close?
* What is a sheriff's sale, when and where does it take place?
* How long can I live in my home?
* Can I pay what I owe and keep my home?
* What is a loan modification program and how do I apply?
* How long is the redemption peroid and when does it start?
* What documents do the banks require to consider a short sale?
* What is a pre-negotiated short sale and does it exist?
* What are the steps in the process?
* How do you price the property, is it different with a short sale?
* What is a "complete package" that the banks are looking for?
* When is a property considered to be abandoned?
* How does a personal bankruptcy affect a short sale?
* If there is more than 1 loan, what happens to the 2nd?
* Is a promissory note and a lien the same thing?
* Can a bank ask for re-payment and what do they require?
* Are all banks the same or do they require different information?

This is at least a starting point to interviewing and finding the right agent for you. Before you consider a short sale it is very important that you speak with your attorney for legal advice as well as your tax professional. Short sales can be a great option but it has to be the correct fit for your situation.



Follow me on facebook - Tom Sommers Edina Realty Twitter - usearealtor
or any of my Web Sites:
www.tomsommers.com
www.allmnhomes.com
www.tomsommers.edinarealty.com