Short Sale Home & Bankruptcy Court

April 4th, 2010 2 comments »

Even though I have represented many Short Sale clients in Chandler, Gilbert, Tempe and Ahwatukee, Arizona, I ran into a different twist on one this last week.

I have a buyer who entered into a purchase contract for a short sale house. It had previously been a rental. Interesting enough, my buyer is a Realtor from another state moving to Phoenix. I feel fortunate she asked me to represent her on this transaction.

Over approx a 2 month period, the somewhat typical sequence of short sale events were occurring:

  1. The purchase contract was forwarded on to the mortgage holder (bank) for approval
  2. Seller also submitted their “Hardship” paperwork.
  3. Listing agent contacted the bank to follow up only to find out 1 & 2 above couldn’t be found. They said they never received the fax.
  4. Resubmitted everything again.
  5. Bank requested the Broker Price Opinion to be done. This is a valuation process to determine for the banks negotiator the contract price is reasonable for the market
  6. Wait
  7. Wait some more
  8. Waited for 2 months

This is where things changed from typically to unusual. The seller filed Bankruptcy. At this point since the contract on the related asset (home) & debt (house mortgage) is under the control of the Bankruptcy court. The seller’s bankruptcy attorney filed a motion asking the court to approve the sale of the home to my client. The hearing was this week.   

I decided to attend it. While Bankruptcy court is not exactly the Perry Mason, Matlock stuff you see on TV, I always fancied myself as a wannabe “legal eagle” so I was more curious than anything.  I was told by the seller’s BK attorney; most likely the mortgage company would not dispute the sale because they don’t want the house back as a foreclosure and our purchase price on the contract was a fair market price. If the bank had wanted to, they could have tied this home and mortgage up in BK court for some time. At least longer than my buyer client wanted to wait.

The bank (Chase) did send an attorney to ask the judge for more time to evaluate the short sale contract. The judge indicated there was no formal objection filed and was on the verge of postponing the sale when I found myself standing up near the back of the court room raising my hand like a polite school kid in class. The judge motioned me forward. I testified Chase had already had 60 days to evaluate the short sale contract. I found myself boldly asking the judge in my best Perry Mason voice “Isn’t that long enough? That truly is “representing” the best interest of my client.

Decision: Judge “finds” for the Debtor (seller), house sold to my buyer, she is happy. It will close in about 16 days and she can move in when she arrives in Phoenix on 4/30.

A Lender’s Perspective On The Phoenix Real Estate Market

March 13th, 2010 No comments »

Earlier this week I attended our brokerage’s monthly meeting. We usually hold these meetings at one of our strategic partner’s office. This month it was held at Suburban Mortgage.  I won’t bore you with the general rhetoric of our meetings but what I did find very interesting were comments given to us by Tom Osselaer, Executive Vice President of Finance for Suburban.  Tom is a follower of the market, especially of the financial markets and how they relate to the real estate lending world.

Here are a few of his comments that I found interesting.

  1. When asked about where he thought interest rates were going? His answer was, they will be going up and down or they will be going down and up. Meaning nobody knows. So stop being obsessed with hitting the exact bottom because by the time you realize it’s bottomed it will be too late. A bigger concern is if you could qualify today at these interest rates, will you qualify when interest rates go up?  Maybe that uptick will prevent you from getting a loan. Today’s interest rates are still very low at 5-6%. How many of us remember when interest rates were approaching 20%?
  2. Jumbo loan funding (over $417K) is improving. In the fall of 2008, during the financial meltdown these loans were impossible to get. Without the Federal government backing these loans, they couldn’t be sold on the secondary market, now they are. This is a very positive improving sign.
  3. Even though the Phoenix area has seen its share of unemployment, there is still this attitude around the country of “Go West Young Man (or Woman)”. Besides, where would you like to be unemployed…Phoenix or Detroit?   
  4. The Phoenix market has always been cyclical. It will rebound faster because of the natural inbound migration.
  5. Housing affordability ratio hasn’t been this good in over 20 yrs. If you add in the Home Buying Tax Credit of $8000/$6500 it improves the ratio even more.
  6. Individual’s home buying decision should NOT be a short term decision. Think long term. If the home price goes down for the 1st few months you are in it, so what? You are not selling after living in it only a few months. Where do you think the housing market will be in 3-5 yrs? Financial planner’s usually advice putting away (investing) consistently every month for your retirement. A mortgage payment is exactly that. Again, think long term.

When I meet my clients for the 1st time I ask;

  1. Where do you want to live?
  2. Can you afford it?
  3. Are you comfortable with the payment?

Do you want to take advantage of low interest rates, a government incentive, great affordability and home selection?  If you haven’t already and you want to search on Phoenix area homes go to www.Steve.ViewAllPhoenixHomes.com

202 South Mountain Freeway Update

January 27th, 2010 No comments »

Recently, Gila River Tribal public information officer, Alia Maisonet responded to questions from AZ Republic reporters about the freeway planning process. While the tribe is keeping an open mind to the possibility of the freeway being built on their land, they are “sounding out community members”.  She also pointed out while they plan on submitting a request to AZ Dept of Transportation for a proposal for the freeway on tribal land, it should not be interpreted as consenting to on reservation alignment.

The Tribal approval process would be multi-tiered.   1st the Transportation Technical Team would review the plan. Then it would go through the community’s committee process and finally the Gila River Indian Community Council would have to approve it. Possibly because of the sensitivity surrounding the issue they might put it up for a referendum vote of the people.  Doesn’t sound like any time soon to me.

No matter whether you are talking about Tribal leaders or the leaders involved with the Ahwatukee/Pecos alignment, leaders have to strike a balance between their constituents they answer to and “their duty to make the best possible decision for the community as a whole”,  Alia Maisonet indicated.

Also there have been some that have raised the issue about the how there is no money to make it attractive and to build the freeway “below grade” to minimize the noise factor. I don’t know about you, but I can’t think of too many freeways that are attractive. Grade is important for the noise.

Phoenix Real Estate Symposium Looks Back at 2009 & A View Forward on 2010

January 17th, 2010 1 comment »

A Look Back and a View Forward Symposium by Fidelity National Title 1/13/2010

I attended this real estate symposium hosted by Fidelity National Title. A panel of who’s who in the local Phoenix real estate market shared their perspective on local market conditions. Their market area covers Ahwatukee, Chandler, Gilbert, Mesa, Tempe and the rest of the Phoenix metro area. In 2009 their real estate firms sold over a thousand Short Sales and Foreclosed homes. The panel included:

Mike Orr, founder of the Cromford Report;

Realtors Lester Cox, Don Matheson, Scott Gibson, Sandra Wilken, Kenny Klaus, Curtis Johnson, and Mark Parris;

Lenders Tracy King from Wachovia and Mark Morrison from Bank of America;

Reginald Givens, the Dept of Housing; and Irving Hymson, Real Estate Specialist Attorney;

The symposium was narrated by Steve de Laveaga, Senior Vice President, Fidelity National Title

Some Notable Notes:

Mike Orr gave a very detailed account of the 2009 real estate market. His background is in mathematics with work experience at IBM and Fujitsu, so he knows his numbers. His firm takes input daily from the local MLS, county records and other sources to compile an extremely comprehensive document called the Cromford Report. The number of homes sold in 2009 was the 3 rd highest on record. He showed statistically how the median home sale price hit bottom in April and has climbed each month ever since. He illustrated how this recovery is shaped like the Nike swoosh, very sharp down trend over the last 2 yrs with a slow upward recovering trend. The starter home price range is further along in recovery because the increase demand created in 2009 from both the 1st Time Home Buyer Tax Credit and investors buying homes. The mid-priced homes are beginning that upward trend and the higher priced homes have leveled off, not increasing or decreasing.

 Mike is predicting the following for early 2010:

  1. The number of Short Sale transactions will continue to increase;
  2. Pending foreclosures will start to go down;
  3. More 3rd party investors will buy homes at Trustee Sales;
  4. Traditional sales are slow until March;
  5. Sales pricing will be flat to slightly higher (long, slow increase). Remember the Nike swoosh;

In the rental market, the number of homes available has decreased a startling 18%. Obviously, investors have not flooded the rental market buying homes with the intent of renting.

For the “View Forward” Steve de Laveaga, ask the panel for their insights by asking, if we were playing a baseball game, what inning are we in and what’s the score?

 It was interesting, the responses ranged from the 1st inning to the 7th inning and the relievers are pitching. We are slightly ahead. Acknowledging the Cardinals are in the midst of the playoffs, Lester Cox couldn’t relate to baseball and gave his own football analogy… “We’re on our own 38 yard line advancing the ball slowly with a possibility of a 15 yard penalty.”

It seems as though the market is as diverse as these respected Realtors. Their comments seem to be related to their location of where they do business, the price range they are working in and their client base. There is a direct correlation with these elements to the Nike swoosh recovery model.

 Additional information, included the announcement Bank of America Processing Center in Chandler has hired 1200 employees to shore up the Short Sale Dept to help reduce the lengthy process.  Tracy King from Wachovia indicated they had studied the cost factor for Short Sales vs. Foreclosures. They determined on average it was $38,000 more expensive to take a home to Foreclosure than accepting a Short Sale.  All of this is encouraging banks to work harder in completing a Short Sale, in a timely manner so there will be fewer Foreclosures.

So what does the 2010 Phoenix real estate market look like? Regardless of whether (or how much) the economy or unemployment improves, there will still be buyers looking to purchase homes. First time home buyers will be looking to cash in on the extended tax credit. Move-up buyers may see opportunity to keep (and rent out their existing home) and buy another home at much lower pricing than a few yrs ago. Buyers from out-of-state & Canadians will see this as a great opportunity to acquire a 2nd home for spending winters here in the sunshine. Investors are buying for positive rental cash flow or to fix and flip. With banks becoming more Short Sale oriented we will experience a higher Short Sale market and fewer Foreclosures.

Chandler’s Newest (Recycled Green) Park

January 9th, 2010 1 comment »
Chandler & Gilbert with San Tan Mountains at Sunset

Chandler & Gilbert with San Tan Mountains at Sunset

You have to see it to appreciate Chandler’s creativity, planning and resourcefulness in developing a new park right on top of an old garbage landfill!  I recently took a quick trip to Chandler’s newest city park, Paseo Vista Recreational Area.  The park is situated on a 40 foot bluff and provides a panoramic view of South Mountain (Ahwatukee area), the Superstition Mountains, Four Peaks and San Tan Mountains.  I had the pleasure of visiting it near sunset.  It is located just north of Ocotillo on McQueen.

 

This 64-acre park was built on an old Chandler garbage refuse that was closed in 2005.  City planners had a vision of creating an eyesore into a wonderful community asset that could be enjoyed by generations to come.  Engineers, developers and other experts carried out that vision and now we can enjoy the fruits of their work. 

Bulls Eye Marks the Archery Area

Bulls Eye Marks the Archery Area

 The only evidence that it was once land for “something else” is a few buildings near the entrance that seemingly look out of place.  I am also guessing the very large 25 foot tall, 4” inch pipe that looks like an arrow in the ground, marking the Archery area is a methane venting pipe.

 

 

 

 

Disk Golf Course Hole 6

Disk Golf Course Hole 6

As I walked the park with my chocolate lab, I was amazed that underneath all the park amenities is 2.2 million tons of garbage decomposing and settling.  One won’t find any permanent hard surfaces on the park’s grounds because of this continuous settling underground.  This is a unique city park, as it features an archery range (at the north end), a “bark park” for dogs, and a playground area for children (at the south end), a disc golf course and various walking/jogging /running paths.  In addition, there is a pathway connected to the path along Paseo Trail, which connects to the canal trail that runs north through Chandler, Gilbert and Mesa.  One can train for any running race using this route.

 

Bella at the Park

Bella at the Park

My chocolate lab loved the dog park.  She has visited many dog parks, and one of the uninviting things about the other parks is how beaten up the grass gets from all the usage.  Many of them end up being dusty and dirty as dogs romp and play.  This dog park has two distinct areas and every week one is accessible while the other is closed for recuperation, alternating back and forth.  For those of you who are dog owners…you will appreciate this amenity, and so will your pooch!

 

Archers Taking Aim

Archers Taking Aim

The archery area brought back fond memories of my childhood.  When I was a child, I remember my dad making his own bows.  The archers I observed today used very different looking bows made of fancy graphite with special pulleys and sites.  My dad’s bows looked more like the long bows of Robin Hood! How times have changed!

 

Sunset Over South Mountain/Ahwatukee Area

Sunset Over South Mountain/Ahwatukee Area

Whether one ventures to Chandler’s new Paseo Vista Recreational Area to take their dog for a run, watch their children at play, practice archery, or take in the sunset, they will find many reasons to return.

Phoenix Home Market Looking Up

December 23rd, 2009 No comments »

 

It appears the Phoenix real estate market continues to inch its way back towards recovery. This includes homes in Ahwatukee, Chandler, Gilbert, Maricopa, Mesa, Queen Creek and Tempe. It applies to all home types; foreclosed property, short sales/pre-foreclosures and traditional sales. The median price of sold homes has gone up every month since April of 2009. November has continued on that track.

Let me share a few charts from the local MLS:

chart1

The 1st chart shows the number of homes sold from year to year. When December closes out, 2009 will be the 3rd highest number of homes sold only trailing the crazy years of 2004 and 2005.

Blog 12-19-09 Chart 2

The 2nd chart shows the median sales price of those homes sold. Obviously, the pricing sky rocketed in 2005 and 2006. It is worth noting since April 2009 the price has been gradually going up. In addition, the average sold price/sq ft has been going up for foreclosed property, short sales and traditional homes.

Blog 12-19-09 Chart 3

The 3rd chart shows the Months of Inventory of homes on the market. With the increase in sales volume, the months of inventory on hand has fallen and been relatively the same since about May. An interesting note here, in the lower priced range (under $150,000) because of the demand, homes are only available for 1-3 months.

Blog 12-19-09 Chart 4

The 4th chart shows the number of homes sold each month, broken down by distressed property (short sale & Foreclosed) and traditional sellers. In the distressed property category, the number of foreclosures has gradually been decreasing since March with 68% of the homes sold to 41% in November. The short sales have been increasing during that same period from 9% to 20%. Most homes have been selling in the under $200,000 price range because of the demand created by the 1st time home buyer looking to capture the 1st Time Home Buyer Tax Credit. In addition investors and 2nd home buyers from Canada and northern US states are purchasing in that price range to take advantage of our warm climate.

Are these the signs of a real estate recovery? Let me recap: number of homes sold this year will be the 3rd highest on record; for the last 7 months the average sale price has increased; the number of homes on the market has decreased significantly compared to last year and have held steady over the last 4 months; the number of foreclosed homes have been decreasing since March and the number of short sales and traditional sales have been increasing.

People have been moving here with Arizona’s reputation for sunshine, outdoor living and recreation for years and I don’t think that is going to stop. The baby boomers are either retiring or getting close and they want to get away from the cold weather conditions. Besides would you rather have a home with a pool in the Midwest/East Coast or a Chandler pool ?

If you would like additional information about specific cities such as Ahwatukee, Chandler, Gilbert, Mesa or Tempe please email me at Steve@SteveRook.Net

The 202 S. MTN Freeway Ahwatukee Saga Continues

December 18th, 2009 No comments »

As I have predicted in my previous post, Wednesday it was reported on the front page of the Arizona Republic the Gila Indian River Community has “agreed to start what could be delicate talks towards reaching a pact to move the proposed freeway”… away from the current ADOT proposed route on Pecos RD. Many current home owners in the Ahwatukee and west Chandler have thought the alignment would have a direct impact on the value of their homes. With foreclosures and short sales all too prevalent in the Phoenix metro area, the current Pecos alignment is a concern to many.

One possible option would require a land swap with the tribe and the federal government of wilderness land in the Sierra Estrella area. A Gila River spokesperson indicated their Governor would be sending a formal letter to ADOT suggesting the realignment.

This is still a long way from any consensus. As ADOT spokesman, Matt Burdick said “If something comes of this effort, it will take a combination of diplomacy, policy, technical analysis and financial resources.” 

 Well at least they are talking and a different solution is close to being on the table for review.

Top 7 Mistakes First Time Home Buyers Make

December 7th, 2009 No comments »

Preparing to own your own home for the first time can be both exciting and scary, so I’ve compiled the top mistakes made my first time home buyers. No matter whether you  are looking at foreclosures, short sales or traditional seller homes, by knowing the mistakes made by first time buyers ahead of time, you can have the knowledge to avoid these mistakes yourself. It doesn’t matter where you are looking for a home (Ahwatukee, Chandler, Gilbert, Mesa, Tempe or other parts of Phoenix), these tips will apply.

 

  1. Going shopping before knowing how much house you can afford. First time home buyers often spend extensive time researching homes, and fantasizing about their dream home. Don’t start shopping without knowing how much you can afford for your home! However, the bank may not lend you all you can afford. So be sure to talk to a qualified lender. You need to be preapproved for a mortgage before you begin house shopping. I suggest several lenders to my buyer clients that are familiar with the Arizona lending regulations. Give me a call if you’d like names & numbers to 2 very season experts.  

 

  1. Forgetting to budget for the additional costs of owning a home. Many first time home buyers neglect to factor in the additional fees and closing costs needed to purchase a home.  Once you are a home owner you will be responsible for property taxes, and home insurance.  Your new home may have home owner’s association (HOA) fees. As an owner, you also become responsible for repair and maintenance of your new home. Annually set aside approximately 1% of the homes purchase price for maintenance. I can help with estimates on many of these additional costs.

 

  1. Not hiring a good buyer’s agent. A good buyer’s agent will have the expertise to find, negotiate and close the best possible home choice for you. They should help you get your financing in order and land a mortgage. Never attend an open house without having an agent.  The seller’s agent should act in the best interest of both seller and buyer, but you can see how the buyer could lose out. Ask friends and family for referrals to agents, and be sure to ask each agent about their experience (particularly if they’ve worked with first time home buyers before). Proven agents should have taken additional classroom training and designations to be current with changes in the market place.

 

  1. Being swept away by your emotions (and showing them!). Sellers often use inexpensive tricks such as staging or minor upgrades to play on your emotions. The goal is to elicit a positive emotional response from the potential buyer (you) and use it to sell at a higher price. Even if you do fall in love with a house, don’t show your emotions to the seller or their agent as this could give them an advantage during negotiations.

 

  1. Getting your heart set on your first offer. While today’s market is a buyer’s market, competition over homes can still ensue. You may not be able to walk into a home, make an offer, and get the home. Also, don’t assume being in escrow automatically means the house is yours. An inspection needs to be performed so you can know the physical condition of the house and avoid unforeseen repairs. The house also needs to appraise for at least the price you are offering.

 

  1. Having a lack of vision. Don’t reject a home because of slight physical imperfections. If the home is the perfect size, in a great neighborhood don’t let the ugly paint color in the bedroom turn you away. Remember it is often cheaper to do small changes yourself than have to pay an increased home sales price because the seller did them for you. Many of the foreclosures and vacant short sales will need cosmetic work and possibly much more. That is one reason they are offered for a lower price than a maintained home.

 

  1. Compromising on important things. Go ahead and put everything you could want on your dream home list. While you don’t want to be too picky and reject a home because it doesn’t have everything you also don’t want to accept a home that doesn’t have your necessities. If three bedrooms are necessary for your growing family it won’t be worth it to settle for two bedrooms. Prioritize your desires in your home to make a good decision on your first home purchase. It boils down to, what are your absolute “needs” vs. like to have “wants”?

 

As a real estate professional, it is my job to coach, guide and serve your best interests. If you need help or advice feel free to post a comment below or contact me directly.

Will Recent Improvements to Loan Modification and Short Sales Prevent Foreclosures???

December 2nd, 2009 3 comments »

In the last few days, the Fed has done some significant strong arming on lenders, to help struggling home owners.

The 1st line of defense appears to be a renewed emphasis around making the loan modification easier. Typically, someone seeking a loan modification does it on a temporary basis to see if they can handle the lower mortgage payments. The problem has been these temporary plans have not been converting into a permanent loan restructure, not doing anybody any good.  Nationally, there are over 650,000 mortgages in this temporary status. 34,000 of these are in Arizona.  Very few have been converted to a permanent status. 375,000 are eligible to be converted into a permanent loan modification by the end of the year.

There could potentially be a problem.  The new web site www.makinghomeaffordable.gov reports “If your first Trial Period Plan payment was due on or before October 1, 2009, the deadline for signing an agreement for a permanent Home Affordable Modification is December 31, 2009! If you do not sign a Permanent Modification Agreement by this deadline, you may lose your eligibility for a Home Affordable Modification.” This is could be what is driving the Obama administration recent jawboning of lenders. 

Locally, in the Phoenix area mortgage counselors are indicating most troubled homeowners won’t qualify for a better loan deal because they either their finances haven’t improved enough or their lender isn’t willing to deal. That might be changing with Obama’s emphasis to lenders to work out a permanent loan modifications.

On 12/5/09, the Phoenix credit and mortgage counseling firm Take Charge America will host a foreclosure prevention programs at 9:00 AM, 10:00 AM, and 11:00 AM at 20620 an 19TH Ave Phoenix. The program will cover foreclosure alternatives, ways to communicate with lenders, ways to avoid mortgage scams and borrower’s rights. Also kid’s activities will be provided. Take Charge America is a not for profit credit counseling entity that recently obtained a loan modification certification from HUD.  

On 11/30/09 the Obama administration announced lender’s failure to meet standards they agreed to “will be subject consequences, which could include monetary penalties and sanctions.”

The 2nd line of defense of a foreclosure is the short sale.  A recent article in the AZ Republic reported “short sales may be a new best option for valley homeowners to avoid foreclosure”.  If a loan modification does not succeed then the next step is a short sale.  It is being reported lenders are moving more quickly to approve short sales in the Phoenix area.

This has not been the case for me. As a Realtor, I have had a buyer’s short sale offer for an Ahwatukee house sitting on the lenders desk since August 30th. It is kind of ironic, the 1st mortgage holder approved the short sale in about 45 days and the 2nd mortgage holder is still processing it. If it goes to foreclosure the 2nd mortgage holder gets ZERO. So why are they taking so long?

Only time will tell if recent Obama pressure tactic to lenders will help ease the loan modification and the short sale process. Ultimately, if they improve, fewer families will face the traumatic experience of losing their homes and fewer distress properties in the real estate market will have a more stabilizing effect to that market.

The 202 South Mountain Freeway Saga Continues

November 22nd, 2009 No comments »

Updated 12/2/09- With all of the Thanksgiving activities I hadn’t had a chance to give an update on the South Mountain 202 Freeway saga. The AZ Republic reported on 11/27/09 “Three of South Mountain’s most prestine and remote ridgelines would be leveled” under the current Pecos alignment as the freeway extends from the Ahwatukee side around the south westerly edge of the S Mtn perserve. ADOTs plans to “demolish 32 acres”.  This area is currently so remote nobody can get to them.  There aren’t even any trails.

Stay tuned…the sage continues. 

Posted 11/22/09- Arizona transportation officials will be meeting with Gila River Indian Community and the Bureau of Indian Affairs and with US Congressmen Harry Mitchell and Ed Pastor to discuss the possibility of the 202 being routed through tribal land instead of the current Pecos alignment. This portion of the 202 would continue west of the Chandler portion of the 202 & I-10. It would easy the traffic flow from south and west Chandler or Gilbert destined towards west Phoenix and further west.

Officials indicated the tribal route would be $500 million more to the already $1.9 billion price tag. ADOT  is still moving forward with their environment impact study, which is a requirement for any federal funded roadway.

My previous blog http://foreclosedhomeschandleraz.com/when-will-the-202-loop-be-finished/  reviewed the on-going talks. The Gila River Indian Council has rejected the possibility of routing it on tribal land twice previously.

On Oct 30, 2009 the tribe opened the new Wild Horse Pass Hotel and Casino with 242 rooms, 71 gaming tables and 1000 slot machines. They intend to draw Las Vegas style entertainment to its 1400 seat showroom.  There also is a 500 room Sheraton hotel a short distance away complete with a championship golf course, spa and other amenities.  They also have a casino near the 51st Ave on the west side.

Can you connect the dots?  Casinos on both ends, one with a brand new hotel and you have a very vocal community along the Pecos alignment that has strongly opposed the route for years. Keep in mind if the tribal council votes no, ADOT cannot exercise eminent domain rights because the Gila River Indian Community is a sovereign nation.

If you want to express your view point, the next public discussion will be ADOT’s South MTN Citizens Advisory Committee at S Mtn. Community College Student Union, 7050 S 24th St, Phoenix on Jan 28, 2010 at 6:00 PM. To view freeway plans go to http://www.mag.maricopa.gov/detail.cms?item=10445