agency (3)

If you are an owner of a home with a second loan that is a Home Equity Line and you are having trouble paying your mortgage you should do something about it right away. I know you have probably heard that banks are taking up to 2 years to foreclose so you have plenty of time, but there is a dirty little secret in the mortgage world.  HELOCs are not entirely like traditional mortgages, they are more like credit cards. If you do not pay your first mortgage your lender needs to find a way to collect the money or take your home back. However, with a HELOC the lender can turn the account over to a collection agency, get some money for it right away, and you are left to deal with the debt collector.  

This can become a potential problem if you decide that your best option is a short sale. If you decide to sell your home as a short sale it is often easier to negotiate the payoff to the second if it is still owned by the bank, rather than the collection agency. The bank sold to a collection agency for pennies on the dollar, and would be more likely to let you go for the amount that the first lender offers.  By the time it goes to collection that entity had invested money and will expect to make a profit by getting a settlement larger than what they paid. If you cut out the middleman (in this case the collection agency) it should be cheaper.

So, if you can not pay your mortgage, don't just stand there, DO SOMETHING.  Whether is is going for a loan modification, refinance, or short sale, get started earlier rather than later. It will be less stressful in the long run, and generally much less complicated.

 

If you have any questions about short sales in the Silicon Valley please feel free to contact me.

 

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

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Are Homebuyer's Unethical by Nature?

Ok I will grant you this is an REO forum but I believe we all help buyers at one time or another and what I am about to say might irk a few colleagues but then again let's have some dialogue on this! Here I go:

I was reading on another blog how this one agent wanted to inject his own comission bonus into a purchase agreement and the overwhelming consensus was that it was illegal to do so. It seemed to get hung up on that one fact alone,not just the offer being submitted was "lowball". Yet a less than market price can be but not necessarily is an injustice to a seller and may even be an insult if it was priced in accordance to its condition and the area. The buyer is not being serious just throwing a figure at the seller. I mean really lowball too! not just 10% off list price.

Homebuyers are sometimes their own worst enemy in my own experience. I mean how many of you would just go to the first doctor, lawyer, or mechanic that you run into? No one I think. Yet I see homebuyers on openhouses that want to talk to the listing agent, thinking obviously that they will get a better deal. Sometimes I wish the California DRE would outlaw dual agency for real estate salespersons, drastic but it solves the problem.

It happened to me recently that a couple that was referred to me wanted A PARTICULAR property. After I found out some information about it, I emailed them (I only had an email address) and they were appreciative and told me they were going to drive around and see what was available that weekend as the property the inquired about was not available to show. As time wore on the property became available and I emailed them about 3 times to set a time to see the property. She replied that they put an offer on a house and she would let me know Monday if she still wanted to see LeFloss Ave. I asked her if they went through the listing agent , if they called a number on a sign, etc. and proceeded to tell her about dual agency , how buyer's agents do more than turn keys,and how they are short changing themselves on truth in representation. She thanked me for the advice and I guess it did not matter to her as she said they would let me know on Monday if seeing Lefloss was necessary.

Another more onerous ploy is someone that I have been working with for 8 months trying to find a home in another city. I set her up with my trusted loan oficer as well. I spent a long time dealing with her constantly changing specifications and eveny time I would change my showing criteria to what she wanted, she would find something wrong with the homes I showed her or say they wanted too much (she wanted quality so I showed her homes on the upper side of her approval range.) We even were going into contract on a home 15 miles further east but she backed out after the listing agent could not or would not get the bank to honor a previously quoted price.

She eventually was first shopping loan officers as she was very conscious about loan costs. Funny thing is they were all within dollars of each other! Then it turned to me...she said she was being honest but she was having a "local" agent shop for her as well! I told her all agents see the same properties on the listing system, and pointed out if she was not shown a property that she drove by, it was because that property did not fit her criteria. I handpick the properties to show my client. I also told her that I spent alot of time learning about what she is looking for and that she would have to retrain another agent. I hope she did not go off a sign like above! I literally put her on the top of my priorites.

Therefore that does it. Out comes the Buyer/Broker agreement! I am tired of disloyalty because I work hard for my buyer clients. I thought being free and by choice would make them feel comfortable but then how much does a homebuyer know about what really happens during an escrow? Would they not prefer to see only homes that fit their needs and desires? Or do they want to buy a home like they buy bread at Walmart? Homebuyers need to learn about agency and how a dedicated buyer's agent can protect their interests.

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The Morality of an In House Listing

I have firsthand information about a fairly common practice that I once tried to say is isolated but know now that it exists throughout our industry and its fairly, I guess common:Giving preference on a listing through keeping it in the office or only negotiating a fellow agent's offer.

I once thought that our primary job as a realtor or real estate agent is to fully market property. To me that meant truely letting the most qualified buyer contract on the house.

Questions abound: Are we being fair to the seller even if it is a bank? Is someone participating in a deal that "channels' income to them ( In this case, having a "Wells Fargo" loan rep in the office to facilitate this deal.)? Is the buyer really going to get the best value for their money? Are we hurting our image as a realtor, being honest and legitamate?

Likewise a friend recently gave me an account of a family member that wanted to buy a house through a buyer's agent and recounted how the listing agent offered them a " special way" to get the house if they put down x amount of money. To my friend, it sounded devious.

Laws keep getting passed that dictate how we do business. In California, there is the new GOOD FAITH ESTIMATE mandated coming out soon. Taking up front fees for Loan Mods is outlawed here. Last year title companies were banned from giving us freebies because of supposed corruption. This year loan officers not of banks will need to be specially licensed by the DRE.

What I am trying to say here is that we need to be models in our profession and take extra care to avoid any PERCEPTION of wrong doing just like a pastor of a church is held to a higher level than his flock. If he has a "fling" its a crime. If his parishioners have a " fling" its well because they are sinners. You get the idea.

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