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Homeowners Are Able To Stop Foreclosure And Strip Down Mortgage Debt
With home prices at record lows and foreclosures at record highs, many homeowners know that their home is worth substantially less than what is owed on their mortgage. While many have made the difficult decision to walk away from their properties, there are many homeowners using chapter 13 bankruptcies to bypass a foreclosure.
There are two areas where homeowners can use a chapter 13 bankruptcy filing to remain in their homes;
1. One, when they are behind on payments and need time to get caught up, and
2. Two, to remove a second mortgage or home equity line of credit from their home.
You cannot eliminate any of the debt from a first mortgage, but second mortgages are treated differently. They can be declared unsecured debt when there is no equity to cover them, as is the case for millions of houses that are now worth far less than a few years ago.
By filing a Chapter 13 bankruptcy, your second mortgage can be stripped off your home and treated as unsecured debt; however, this can only be applied to remove a second mortgage off your home if the value of the property is at or below the outstanding balance on your first mortgage.
• For example, if your home is worth $300,000 and there are two outstanding mortgages, in the amounts of $400,000 (for the 1st mortgage) and $75,000 (for the 2nd mortgage), then a Chapter 13 bankruptcy unsecured debt can be applied. In this scenario your home value of $300,000 would be below the first mortgage, which would allow you to strip off the second mortgage. So your second mortgage of $75,000 is completely unsecured debt.
When that happens in a personal bankruptcy proceeding, the second mortgage is put on hold and no payments are required while the homeowner completes a repayment plan for other debts --which typically takes three to five years. After the repayment plan is complete, the second mortgage is eliminated.
Many of these second mortgages were granted during the housing boil, when home prices were going in one direction – boiling up, up and up. It’s simply a fact that a majority of those loans shouldn't have been made at all, and as a result, homes are “upside down”.
This bankruptcy law is not new at all; this law has been used for years; it’s just never been utilized as much because in the past there usually was enough equity in the home to cover the second mortgage.
Of course mortgage bankers don't like the practice, especially since more and more homeowners are finding this practice a viable plan to save their homes from foreclosure, pay less per month and strip thousands of dollars away from their debt.
Bottom Line is – time is always of the essence and there are no longer enough excuses for allowing your dream to be taken away from you.
About the Author: Millie Gil is a licensed Real Estate Broker and Vice President of Bold Real Estate Group. For more information please forward email to communityinfo@comcast.net
Selling Your Home
Once you've made the decision to sell your home, it's time to think about what comes next. Throughout the process, you may find it beneficial to have a checklist to help guide you in some very important choices that you will be making in the coming months.
Interview Several REALTORS®
A REALTOR® is a person who you will enlist to help with the selling of your home. Just like no two homes are alike, no two owners are alike and each has different needs when it comes to real estate. The REALTOR® that you ultimately choose will have access to your home at any time and will be responsible for marketing it to potential buyers. As such, you should choose someone that you feel comfortable with and will do the best job for you. The only way to know which REALTOR® this will be is to speak with more than one, ask plenty of questions and get a feel for how they do business.
Get An Appraisal
When you list your home for sale, an appraisal will be helpful for a number of reasons. As the seller, you may wonder why you would need to have your home appraised, but here's why. As a seller, you do not want to overprice or underprice your home. If you ask for more than the home is actually worth, lenders won't likely grant a loan even if you find a willing buyer. If you price your home too low, not only will you be taking away from your own profit, but potential buyers may wonder what's wrong with the home that it's priced so far below market value.
With an appraisal, you can list your home with the knowledge that you need to make sure the price is right. If you want to advertise the home as a bargain, sell it somewhat below the appraised value. Buyers will know they are getting instant equity in the home and lenders will see the investment as a good one.
As a final thought to choosing an asking price, note that your REALTOR® will require a commission and possibly other fees in connection with listing your home on the market. It's perfectly acceptable to ask the REALTOR® for a written summary of these fees, as opposed to just a mention of them in the contract, and how much they will be. With this information, you will know exactly how much money you will have left in your pocket from the sale of your home.
Decide How Quickly You Want To Sell
Believe it or not, your schedule could greatly impact the listing price. If you are in a hurry to sell, you may find that a competitive asking price will help you to get the cash you need much quicker. A price that reflects the higher end of a buyer's budget may take some time to sell, so consider these factors when pricing your home.
Make Time For Updates
Your REALTOR® will offer advice as to what needs updated, repaired or changed in order to maximize the potential of your home. When a buyer looks at a house, they are looking at the cost, needed repairs or upgrades, decor, etc. Once your REALTOR® does a walk through and explains what, if anything, needs updated, you will commit to an asking price and sign the listing agreement.
Field Offers
As a seller, you are probably already aware that potential buyers will make an offer that could be less than your actual asking price. Most REALTORS® will tell you that if you ask for 'X' amount of dollars, buyers will probably offer you 'X' amount instead. That's the name of the game, and you will need to decide whether or not your asking price is firm or negotiable. If an offer comes your way, you will always have the option of making a counteroffer or simply rejecting the deal altogether.
As a final thought to the negotiation process, keep in mind that buyers typically offer less than they are actually willing to pay initially. Most offers are time sensitive, which means you may have to make some quick decisions. Of course, your REALTOR® will be there to guide you through every step of the process and will likely offer an opinion as to whether or not an offer is fair in the current market.
Close The Deal
When the price is right and you agree to the terms, it's time to say goodbye to your former home and hello to a brand new life. Letting go is not always easy, but moving forward is a part of life. If you still live in the home, most contracts will require that you move within 30 days. If you no longer live in the home, most buyers will want to move in immediately.
About the Author: Millie Gil is a licensed Real Estate Broker and Vice President of Bold Real Estate Group. For more information please forward email to communityinfo@comcast.net
The Pitfalls of For Sale by Owner
Many homeowners think that selling their home alone without the help of a real estate agent will help save them money in the end. The fact of the matter is that selling your home on your own isn't easy work. In fact, you may actually lose a substantial amount of money when you try to swell your pockets you aren't formerly trained in the business of real estate.
A Realtor can not only save you money, they can save you time and stress so that you can make the transition from one house to the other as smoothly as possible.
Putting Your Home on the Market
Did you think you could erect a “for sale by owner” sign and everything else would be smooth sailing? While this is a start, there is a lot more to it. Many homeowners learn about multiple listing services, which is basically an index of homes that are on the market and then pay about a few hundred dollars to have their home listed. When calls don't start flooding in inquiring about the home many sellers wonder what the problem is.
The problem is that it takes more than a listing to get Realtors to visit your home with their clients. Realtors are loyal to other Realtors--that's just the way it works. Also, when you work with a Realtor he or she may be able to network with others to be sure that your home is getting as much exposure as possible, all for the price of the sales commission. A Realtor will also have other avenues to explore with listing your home on the Internet and locally.
The Value of Your Home
Sellers lose money when they attempt to sell their home on their own because they don’t know the true market value. A Realtor knows all of the current market values and trends and can help you get the most for your home no matter what the market situation is.
Reputation
The majority of people in the market for a home go with a Realtor; in fact 80% of buyers work with a Realtor because the Realtor has a good reputation and they need help maneuvering the real estate market. If you put a sign in your yard, in the newspaper, or on bulletin boards in various areas buyers have no idea who they are dealing with. Though a buyer may be able to get a good deal on a home that is for sale by owner, they are leery of working with someone that they don't know and may or may not have real estate experience.
Final Thought
As you can see, there are many reasons to work with a real estate agent instead of trying to sell your home on your own. While a Realtor may take as much as 6% of the selling price, this is peanuts for all of the work and stress that they are saving you from.
Just think; the legal paper work, home inspections, showing your home, and marketing with other Realtors to sell your home as quickly as possible for a reasonable price is what a Realtor does and simply stated what you cannot accomplish.
About the Author: Millie Gil is a licensed Real Estate Broker and Vice President of Bold Real Estate Group. For more information please forward email to communityinfo@comcast.net
| RSS Feed | Future of U.S. Housing Markets Depends Largely on Echo Boomers
WASHINGTON (May 18, 2012) - The next two decades in housing markets depends largely on the Echo Boomers. That's according to panelists at the "Shifting Demographics and Housing Choice: A Whole New World?" session today during the Realtors® 2012 Midyear Legislative Meetings & Trade Expo here.
There are approximately 62 million echo boomers in the U.S. Also called "millennials," echo boomers are currently ages 17-31. According to the 2011 National Association of Realtors® Profile of Home Buyers and... Read More Lack of Capital Hinders Commercial Market While Modest Improvement Persists
National Association of Realtors® Chief Economist Lawrence Yun presented a modest and hopeful outlook for the commercial real estate market during the Economic Issues and Commercial Business Trends Forum at the Realtor® Midyear Legislative Meetings & Trade Expo in Washington, D.C. today.
“The commercial market has displayed modest growth lately,” said Yun. “Commercial real estate is the basis for much of the growth in the American economy, however challenges continue to exist... Read More Housing Affordability Indices Reach Records in First Quarter
WASHINGTON (May 15, 2012) – Housing affordability conditions for all buyers reached a milestone in the first quarter, according to the National Association of Realtors®.
NAR's composite quarterly Housing Affordability Index* rose to a record high of 205.9 in first quarter, based on the relationship between median home price, median family income and average mortgage interest rate. The higher the index, the greater the household purchasing power. This is the first time the quarterly... Read More Member Profile
In 2011, the housing market continued to stabilize and some areas of the country saw improvement in sales. Data from the Investment and Vacation Home Buyers Survey shows that while primary residence buyers dipped, the share of investment buyers entering the market rose to 27 percent from 17 percent. Investment buyers entered the market via buying distressed properties and often working with a real estate professional to assist in their purchase.
Resonating with a strengthening economy, commercial real estate markets turned the corner. Demand stabilized in 2011 and is expected to... Read More 2012 NAR Member Survey Shows Rising Incomes
WASHINGTON (May 14, 2012) – The income and business of Realtors® is growing after many years of decline, according to the 2012 National Association of Realtors® Member Profile.
The study’s results are representative of the nation’s Realtors®, who are members of NAR. Realtors® account for about half of the 2 million active real estate licensees in the U.S.* Realtor® members go beyond state licensing requirements by subscribing to NAR’s Code of Ethics and Standards of Practice, commit to continuing education and... Read More First Quarter Metro Area Home Prices Stabilizing, Sales Up and Inventory Down
WASHINGTON (May 9, 2012) – Median existing single-family home prices are firming in many metropolitan areas, while improving sales and declining inventory are creating more balanced conditions, according to the latest quarterly report by the National Association of Realtors®.
The median existing single-family home price rose in 74 out of 146 metropolitan statistical areas1 (MSAs) based on closings in the first quarter from the same quarter in 2011, while 72 areas had price declines. In... Read More Commercial Lending Survey
The Commercial Real Estate Lending Survey is conducted annually and provides an overview of lending conditions that impact commercial transactions nationally, based on responses from commercial real estate members. The 2012 survey shows that while commercial markets turned a corner in 2011, commercial lending standards have tightened in the past year for small businesses and have remained an obstacle to a major portion of contracted transactions for smaller properties.
Report Highlights
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Sixty-seven percent of REALTORS® found that the lack of available... Read More
 Tight Lending Standards Hindering Commercial Real Estate Recovery
WASHINGTON (May 3, 2012) - Although commercial real estate markets showed signs of recovery in 2011, commercial lending standards have tightened in the past year for small businesses and scuttled a major portion of contracted transactions for smaller properties, according to the National Association of Realtors® annual Commercial Real Estate 2012 Lending Survey.
Lawrence Yun, NAR chief economist, said there is a significant split in commercial lending depending on value. "This is very much a tale of two markets. There have been notable improvements in capital for large... Read More Social Benefits of Homeownership and Stable Housing
This 16-page paper looks at how homeownership leads to positive social outcomes. It examines not only the ownership of homes, but also the impact of stable housing.
 March Pending Home Sales Rise, Market Recovering
WASHINGTON (April 26, 2012) – Pending home sales increased in March and are well above a year ago, another signal the housing market is recovering, according to the National Association of Realtors®.
The Pending Home Sales Index,* a forward-looking indicator based on contract signings, rose 4.1 percent to 101.4 in March from an upwardly revised 97.4 in February and is 12.8 percent above March 2011 when it was 89.9. The data reflects contracts but not closings.
The index is now at... Read More |
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