8657 Coolwoods Way, Sacramento, CA 95828
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SB 458 Mortgages: deficiency judgment
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Existing law prohibits a lender from pursuing a deficiency judgment under a note secured by a first deed of trust or first mortgage for a dwelling of not more than four units in any case in which the property is sold for less than the amount owed with written consent from the lender. Furthermore, existing law specifies that once the lender provides written consent for the short sale of the property, the borrower is released from the obligation to pay the first-lien holder the remaining balance of the loan in the future.
This bill, among other things, expands anti-deficiency protections for all mortgages or deeds of trust, provided that the holder of the mortgage or deed of trust consents to the short sale. In cases where a borrower secured a loan with multiple properties, this bill would clarify that a lender’s right to pursue the other collateral pledged as security by the borrower is unaffected by the lender’s agreement to short sale the borrower’s home.
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Certified HAFA Specialist
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There are currently no Announcements.
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Expanding HARP to Prevent Defaults and Stimulate Economy
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While seeming to recover, the housing market is still undoubtedly fragile, and there are millions of underwater borrowers who continue to struggle with making payments. While HARPproposes to address these concerns, the program has been limited in its ability to reach the masses.
Through the Responsible Homeowner Refinancing Act of 2012 introduced by Democratic Sens. Bob Menendez (D-New Jersey) and Barbara Boxer (D-California), a new HARP3.0 would break down barriers preventing millions more from refinancing.
During a hearing on Thursday before a senate subcommittee, industry experts and leaders offered testimony on how the proposed legislation could impact the economy.
Mark Zandi, chief economist for Moody’s Analytics, delivered a testimony in which he said, “Policymakers should act to substantially increase mortgage refinancing activity.”
When first introduced, the Obama administration expected HARPto refinance between 4 and 5 million homeowners, but FHFAestimates show that since its 2009 inception, the program has refinanced close to 1.1 million borrowers as of February 2012.
In late 2011, HARPunderwent an expansion to allow borrowers with loan-to-value (LTV) ratios higher than 125 percent to apply, among other changes.
Acknowledging that it takes time for servicers to implement new changes, Zandi said in his written testimony that HARPrefinancings in early 2012 appear to have run close to 50,000 per month, up from 30,000 per month since the program began. Zandi also noted reports from the Mortgage Banks Association showing a pickup in applications for refinancing.
While these changes have helped to encourage more activity, Zandi expressed his support for more changes.
“More refinancing will mean fewer borrower defaults and more money in the pockets of homeowners, supporting the recovery through a quick and sizable cash infusion at no meaningful cost to taxpayers,” he said.
If the proposed expansions are fully implemented, Zandi said the legislation would increase eligibility to nearly 21.5 million borrowers.
Under the Responsible Homeowners Act, borrowers with LTVs lower than 80 percent and non-GSEloans would be eligible for the program. Currently, HARPonly includes Fannie Mae and Freddie Mac loans.
Overall, Zandi said the broader economy, taxpayers, and homeowners, who are expected to save $2,500 to $3,000 a year, will benefit from refinancing.
Though, Zandi does acknowledge a loss for one segment: investors in mortgage backed securities.
“While the agencies would lose some interest income on their $1.2 trillion in mortgage securities and whole mortgage loans, under reasonable assumptions that would be offset by lower default rates on refinanced loans,” he said.
In a calculation, Zandi said HARPrefinancings totaled 4.2 million, private investors would receive about $6.5 billion less in annual interest income.
While investors may not be pleased with their return due to low interest rates, Zandi said, “they were aware of this prepayment risk when they purchased their securities.”
Expanding HARP to Prevent Defaults and Stimulate Economy
05/24/2012 By: Esther Cho
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Fannie, Freddie set new short sale timelines
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Fannie Mae and Freddie Mac will require mortgage servicers to make decisions on short sales under new timelines beginning this June.
Servicers must review and respond to a borrower within 30 days of receiving all documentation. According to guidance released Tuesday, the servicer can take up to 60 days on a decision if negotiations with mortgage insurers or other stakeholders linger.
Short sales have in the past taken several months to complete as servicers, borrowers, buyers, investors and different lien holders had to agree on a transaction. Mortgage servicers working with the goverment-sponsored enterprises completed a record 32,000 short sales in the fourth quarter, up 14% from the previous quarter, according to agency data.
Under the new guidance, which takes effect June 15, the servicer has three business days to acknowledge the documentation was received, and must notify the borrower within five days if more paperwork is needed.
If a short sale is still under review after 30 days, the servicer must provide weekly status updates to the borrower.
The Federal Housing Finance Agency directed the GSEs align their short sale guidelines.
"FHFA and the enterprises are committed to enhancing the short sales and deeds-in-lieu process as additional tools to prevent foreclosure, keep homes occupied and help maintain stable communities," said FHFA Acting Director Edward DeMarco. "These timeline and borrower communication announcements set minimum standards and provide clear expectations regarding these important foreclosure alternatives."
By Jon Prior
• April 17, 2012 • 4:38pm
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5 Tips to Stay on Top of Home Maintenance
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Where to find reliable contractors
You're not alone if your roof is leaking and you're kicking yourself for not having called a roofer during the summer months. Most people have a limited concept of preventative maintenance. This can lead to big problems that end up being more expensive than if you had routine maintenance in place.
Many buyers don't understand that home maintenance goes with homeownership. When you rent, someone else usually pays for repairs. As a homeowner, you're responsible for keeping your home in good condition.
Unless you're handy at home repairs, it can be costly to maintain a home properly. But there is a benefit at the end of the line. Buyers pay more for homes that are well-maintained and show a pride of ownership.
It can be a hassle to properly maintain your home unless you organize and prioritize the projects that need to be done. You also need to set a schedule and stick to it.
Most home maintenance can be done annually: roof maintenance (including gutters and downspouts); sealing exterior cracks; weatherproofing; a furnace and air conditioning inspection; and inspecting and cleaning the drainage system.
Mark these events on your calendar so that they can be scheduled for about a month before you'd like to have the work done. If you wait until just before the rainy season to start your annual maintenance, you could have trouble finding good contractors to help you.
Don't wait until your roof is leaking to repair or replace it. There will be collateral damage to the interior of the house. Your homeowners insurance company might pay to repair the interior damage, less the amount of your deductible, but it won't pay to replace the roof. Too many claims could be grounds for not renewing your policy.
HOUSE HUNTING TIP: Assemble a crew of contractors and tradespeople who can help you with your home maintenance. It's not always easy to find reliable people who do good work. You'll end up frustrated and having to do more oversight if you work with people who don't show up or do the job right.
Ask your real estate agent or acquaintances who own homes in the area to recommend tradespeople to you. If the seller is happy with people who have worked on the property, ask for a list of names and contact information when you close the sale.
Homeowners who haven't the time or expertise to determine what needs to be done to keep their home in good shape could ask the home inspector that inspected the house for them to do a reinspection periodically to point out areas that need attention.
One of the keys to good home maintenance is to take care of critical items as soon as they become apparent. For instance, don't postpone repairing a plumbing pipe leak. Have it repaired as soon as you notice it.
Don't assume that because your house is new that you won't have any maintenance issues. If the gutters back up on any house, even a new house, water can leak into the house or down the inside of the walls. This, left unchecked, can lead to a major repair to the framing. If repaired right away, you may just need to seal and touch up the paint.
Likewise, even though you just had the exterior painted, you still may have areas that will need touch up every year or so, especially if they receive intense sun exposure.
THE CLOSING: Don't go for the cheapest contractor or building materials just to save money. If an inferior-quality job has to be redone sooner than anticipated, your savings will dwindle.
By Dian Hymer
Inman News®
Dian Hymer, a real estate broker with more than 30 years' experience, is a nationally syndicated real estate columnist and author of "House Hunting: The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide."
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Closing costs can increase the price of a home by as much as $10,000, sometimes more. Borrowers who are “cash-poor” can ask for assistance, or talk to their lender about a lender credit toward closing costs.
Making sense of the story
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Some lenders advertise that if borrowers agree to accept a mortgage interest rate from a quarter to a full percentage point higher than they would ordinarily qualify for, they can receive credit toward their closing costs.
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These mortgages are sometimes called no-closing-cost loans, though the term is misleading. The credit usually covers only fees charged by the mortgage broker or bank, like the loan origination fee, the underwriting expense, and the appraisal. That generally leaves title insurance, mortgage-recording taxes, insurance, and escrowed taxes to cover.
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The amount of credit depends on total closing costs and other loan details. Generally, for every one-eighth of a point increase in interest rate, borrowers receive a credit worth half a percentage point of the principal amount.
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While these mortgages can be helpful to some, borrowers should carefully review all the details. There are pluses and minuses to these loan types. A downside is the higher rate and monthly payments remain in place through the life of the loan.
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Doing a side-by-side comparison of loans with and without the credit can be helpful.
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Sacramento, Placer, El Dorado, and Yolo Counties.
Neighborhod Specialist:
North Natomas, South Natomas, Westlake, Valley View Acres,
Northgate, Gardenland, Del Paso Heights, Hagginwood,
North Sacramento, Arcade, Woodlake, Robla, Arden
Foothill Farms, Antelope, Elverta
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4110 Truxel Road
Suite A
Sacramento, CA 95834
(916) 925-2377
(916) 247-4072 (cell)
(916) 487-4322 (fax)
gloria.torres@comcast.net
DRE License # 01477296
Short Sales are my Business
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Reports
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To enhance your buying and selling experience, it’s our job as real estate professionals to provide you with as much valuable information as possible. It is essential that the buyer or seller be aware of all aspects of the real estate market before making a major decision. Whether it be through newsletters, checklists or news articles, we are here to make this process stress-free and rewarding.
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