Posts filed under ‘Scam Central’

What is the waiting time to buy a home after a short sale, foreclosure or bankruptcy?


Chapter 7 Bankruptcy – 4 yrs from discharge date
Chapter 13 Bankruptcy – 2 yrs from discharge date
Foreclosure – 5 yrs from completion date (Foreclosure waiting period applies if mortgage was included in a bankruptcy)
Deed-in-Lieu of Foreclosure – 4 yrs from completion date
Short Sale – 2 yrs from completion date

Chapter 7 Bankruptcy – 2 yrs from discharge date
Chapter 13 Bankruptcy – 1 yr of the payout must elapse & payment performance must be satisfactory. Buyer to receive permission from court to enter into a mortgage.
Foreclosure – 3 yrs from foreclosure date (Foreclosure waiting period applies if mortgage was included in a bankruptcy)
Short Sale – Immediately if borrower is current in paying the mortgage during the short sale. 3 yrs. if at least 30 day late. Ask lender for details.

* Borrower is disqualified from obtaining FHA if borrower had a previous FHA loan.

Chapter 7 Bankruptcy – 2 yrs from discharge date
Chapter 13 Bankruptcy – 1 yr of the payout must elapse and payment performance is satisfactory. Buyer to receive permission from court to enter into a mortgage.
Foreclosure – 2 yrs from completion date (Foreclosure waiting period applies if mortgage was included in a bankruptcy)
Short Sale – No information on this yet. Assume 2 yrs from completion date.

Bankruptcy – (Chaps. 7 or 13) – 3 yrs from discharge date
Foreclosure – 3 yrs from completion date (Foreclosure waiting period applies if mortgage was included in bankruptcy)
Short Sale – No rule on this yet, assume 3 yr foreclosure rule

* Lending guidellines may change without notice. Please check with your loan officer for more details.

July 13, 2010 at 9:13 pm Leave a comment


Here are five things homeowners considering a short sale of their home should be wary of when selecting a Realtor or agent:

1. PART-TIME REALTORS – It is difficult to negotiate a short sale if your Realtor does not work during the day when lenders are in business. Part-time Realtors provide part-time service, which can result in lengthy delays in the progress of your short sale.

2. HIGH THIRD PARTY NEGOTIATION FEES – Beware of Realtors who hire third party negotiators who charge high fees to negotiate the short sales. These fees could decrease the net gain to the seller’s lender, resulting in the lender declining what seems like a good short sale offer. Always find out from the Realtor if he or she is negotiating the short sale, or is hiring someone else. If so, ask how much the negotiation fees will be and who will pay for it. Some third party negotiators charge the buyer for their fees — in most cases buyers do not want to pay for this fee, and may eventually walk away or refrain from making an offer.

3. PROGRESS UPDATES – It is important for every seller of a short sale home to get regular updates, weekly if possible, regarding the progress of the transaction. Be concerned if the negotiation company does not consent to a regular report on your short sale. Chances are, your short sale will drag on and on as the negotiator has an unlimited schedule to complete your short sale.

4. UNLICENSED AGENTS – In the business of real estate, there is a distinction between a Realtor and an agent. A Realtor is licensed. This means that the real estate professional is a member of the national, state and local real estate boards and is governed by those boards’ code of ethics and standards of practice. Membership fees for these real estate boards run about $500 annually. An agent, on the other hand, may not have membership on these boards and is therefore not governed by any real estate standards of practice nor affected by any potential sanctions. He or she may also be less aware of changes in the industry.

5. DOUBLE ESCROW — Beware of Realtors who partner with investors to buy your home for an incredibly low price and then resell the house for a higher price to an “end buyer” prior to closing. This is a form of lender fraud and a criminal offense.

Before proceeding with your short sale agreement, be sure to read the “Short Sale Seller Advisory.” This is a comprehensive document recently released by the Arizona Department of Real Estate to inform consumers of the consequences of short sales and other loan workout options. It also provides valuable resources and links important to anyone who is upside down on their mortgage and doesn’t know what to do next.

Click on this link to view the “Short Sale Seller Advisory”:

March 26, 2010 at 5:03 pm 8 comments

Scammers find opportunities via stimulus package

Be alert and be aware — here is some recent information from Kiplinger on how scam artists have found ways to trick people out of their money in connection with the Obama stimulus package, including real estate foreclosure scams: CNN video

March 31, 2009 at 12:15 pm Leave a comment

Tips on Getting a Good Deal on Your Loan

Many times when purchasing real estate, unless it’s a cash transaction, a borrower will require a loan officer to process a home loan through a lender. The loan officer or consultant gathers the needed information and presents the documents to the underwriter in order for the lender to fund the loan.

However, the over-hyped real estate market in 2005-2006 demonstrated that the mortgage industry is not well-regulated and therefore may be open to fraudulent transactions.

But how can you tell if someone is not giving you the best loan suitable for you or is overcharging you. As a Realtor, I want to see my clients get a great deal not only on the homes they purchase but also on the loans attached to those homes. Below are a few tips to get a great deal on your loan.

1. “You are shopping around” – There are thousands of loan officers connected with different lending institutions that would like to process your loan. Do not be afraid to tell them outright that “you are shopping around” for the best loan. Loan officers will become more competitive regarding their rates and charges if they know they have competition.

2. Ask for a GFE – “GFE” stands for Good Faith Estimate. Most loan officers will provide you with a GFE if asked. I respect loan officers who provide the borrower a GFE even if they are not asked. If you find a loan officer who tells you that he or she cannot give you a GFE until you’ve picked out a house, quickly say goodbye to that loan officer. Loan officers are not obliged to provide a GFE prior to a contract, but it is good customer service for borrowers to get one up front upon loan approval or when a loan status report (LSR) is secured. As a Realtor looking after my clients’ interests, I want the mortgage broker they select to be up-front about their charges and other fees. A GFE provides the borrower with itemized closing costs such as lending fees and estimated title fees. Lending fees are fixed but the title fees (unless named), taxes, insurance, and HOA fees are estimates that will be determined once a house is picked out. You may compare GFEs from different lenders to get the lowest lending fees. Lending fees vary from $600 to over $1,000.

3. Loan Origination Fee is Optional – Some loan officers will include a loan origination fee of 1% in the closing cost. Investopedia, an online dictionary for investors explains that an origination fee is similar to any commission-based payment. If a lender takes a 1% fee for originating a loan, they will make $1,000 on a $100,000 loan, or $2,000 on a $200,000 loan. The origination fee helps to reduce your rate. Loan officers cannot require you to include an origination fee in your loan. This is one way for loan officers to make money. Be wary if your loan officer persuades you to include an origination fee or does not ask you if you would like an origination fee. It is optional and is not necessary.

4. Other Fees – Be careful of lenders who may include other fees that are unnecessary. The following itemized charges are standard lending fees;
a. Underwriting Fee
b. Doc Preparation Fee
c. Processing Fee

Different lenders (banks or mortgage brokers) will charge other fees that may include; wire transfer fee, flood certification fee, courier fee, application fee and more. Also, the borrower is charged an appraisal fee up front. This fee maybe credited to the buyer at closing if the seller is paying for the buyer’s closing cost. You may compare TOTAL lending fees by mortgage companies to find out where you can get the most savings.

5. Closing costs to benefit YOU, not the lender or title company – I have seen some loan officers require substantial closing cost assistance from the seller so they can inflate their lending charges or charge an origination fee or charge the borrower a buy down rate, thereby increasing their commission. Be wary of loan officers who act in this manner. They are not acting in your best interest and should be let go immediately. As an added service to my clients, I review the GFE and the HUD statements to make sure that my client benefits from the closing cost calculations so that the money contributed by the seller is used to help save my client money on taxes, HOA or other future expenses.

6. Choosing the right lender – Different lenders specialize in certain loan products. If you are obtaining an FHA loan, get a loan officer who knows this product well. If you are using a government down payment assistance loan, get one that specializes in that area. If you are planning on borrowing money for repairs on top of your mortgage, get a loan officer who is an expert in a 203 streamline loan. Choosing the right lender is key to getting the transaction closed. Let me know which products you are interested in and I will be happy to recommend someone who may be the right lender for you.

When choosing a loan officer, it is important to find someone who: 1) Puts your interests first; 2) Provides great customer service and is easy to reach; 3) Is connected with a reputable lender; 4) Is honest and reliable; and 5) Is knowledgeable about the loan products you need.

January 21, 2009 at 1:14 pm 2 comments



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