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A new government program that might actually Help
Recently, the government announced a new program under the Making Home Affordable Plan. In light of the fact that very few of the millions of distressed homeowners are getting the help they need via loan mods, and many of those that have received help still can’t afford their homes, the government is now creating a program that would encourage banks to accept a Short Sale rather than foreclosing.
Details of the new program are still coming out, but essentially the government will offer banks cash incentives for accepting short sales instead of foreclosing. They will also lay out a streamlined process to help short sales close faster. Right now, it can take at least 2 months to close a short sale with 4-6 months not being uncommon.
So why would the banks prefer a short sale to foreclosure?The simple answer isforeclosures are killing the bottom line of the banks. These are the same banks that have received billions of taxpayer dollars in order to stay afloat. Because REO’s (Real Estate Owned) are considered non-performing assets for banks, the act of foreclosing on a property is actually very detrimental in terms of the bank’s reserve requirements. It is this very reason that so many institutions have been taken over by the FDIC in the last two years. The latest mammoth bank to fall victim was Taylor Bean & Whitaker (the third largest underwriter of FHA loans in the country), which was shut down on 8/04/09. Additionally, foreclosed homes lose value fast as they decline in condition after the foreclosure because no one is maintaining them. Unfortunately, previous owners or vandals also gut many of these properties, which further deteriorate the value. This, of course, is not good for neighbors or communities.
At the end of the day, it is all about the bottom line. Banks do not approve shorts sales because they care about the distressed homeowner. They only approve the short sale out of their own self-preservation. For a long time, it seemed as if the banks did not really believe the homeowner would let the home go into foreclosure. They are no longer under that delusion as evidenced by the over 45,000 homeowners with a notice of sale in the Greater Phoenix area. Most of these will ultimately result in foreclosure since less than a third of them are listed for sale and given that statistically, no visible intervention takes place in seven out of 10 foreclosures.
I don’t support many of the new programs that have come out to combat the crisis, but I do support this one. Although foreclosures result in a lower home price for the buyer, there are many pitfalls in purchasing a foreclosure as the buyer has very fewer protections and potentially more costs. In a traditional sale, the seller discloses everything they know about the property, including defects. They also usually make repairs to the property. In a foreclosure, the bank discloses virtually nothing and require the buyer to sign away any future opportunity to pursue a judgment against the bank for major defects. The buyer is responsible for all inspections and the bank will rarely agree to repair anything. In a short sale, the owner offers the same disclosures as a traditional sale. Although most aren’t required to make repairs, some sellers will be willing to. Most of all, the home is generally occupied during the process, so you don’t have to worry about vandals or thieves stripping out wires, plumbing, or fixtures. This process also keeps the seller thoroughly vested in the process resulting in a property that is in far better condition than an REO and consequently renders a higher sale price. This not only helps the bank recoup more of its money while keeping them solvent, it also helps the next-door neighbor since the property retains more value than an REO.
Despite all the happy talk out of Washington, there will be many more foreclosed homes that will hit the market, so it doesn’t make sense to add more to the collection when banks stand to lose less money by agreeing to short sales. Maybe we all can benefit from this plan since there is no chance of a serious recovery as long as we have unprecedented foreclosures.
For more information on Short Sales or the current real estate market, please contact Robert Holt @ 623.748.9583 or Phil Mills @ 480.643.0558 or visit www.TheHoltgroupAZ.com.
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