california (18)

Screen-shot-2011-07-16-at-9.01.44-AM.pngThis is HUGE!

Effective, 15 July 2011!

Governor Jerry Brown signed into law SB 458 prohibiting banks, servicers and lenders from pursuing home owners of 1-4 units who choose to short sell their homes.

From California Association of Realtors President Beth L. Peerce:

“The signing of this bill is a victory for California homeowners who have been forced to short sell their home only to find that the lender will pursue them after the short sale closes, and demand an additional payment to subsidize the difference,” said C.A.R. President Beth L. Peerce.  “SB 458 brings closure and certainty to the short sale process and ensures that once a lender has agreed to accept a short sale payment on a property, all lienholders – those in first position and in junior positions – will consider the outstanding balance as paid in full and the homeowner will not be held responsible for any additional payments on the property.”

A law was passed last year,  580E,  that protected homeowners from 1st lien holders, however, now 2nd and tertiary liens are also covered.

This is a huge step forward for the short sale specialist in California.

You are now legally protected from the banks that did you wrong!

LAW AGAINST SHORT SALE DEFICIENCIES EXPANDED

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder.  Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders cannot require a borrower to owe or pay for a deficiency in a short sale.  This law also prohibits any deficiency judgment to be requested or rendered for senior or junior liens after a short sale of one-to-four residential units.  Any purported waiver of this rule shall be void and against public policy.

Although a lender cannot require a borrower to pay any additional compensation in exchange for a short sale approval, the new law does not prohibit a borrower from voluntarily offering a monetary contribution to a lender in hopes of obtaining a short sale.  A lender is also permitted under the new law to negotiate for a contribution from someone other than the borrower, such as other lenders, agents, relatives, and the like.

Exceptions to the new law include a lender seeking damages for a borrower’s fraud or waste; a borrower that is a corporation, LLC, limited partnership, or political subdivision of the state; a lien secured by a bond as specified; a public utility lien; and additional rules apply if a note is cross-collateralized by more than one property.

Read more…

 

FROM THE DESK OF THE MORENOWORKGROUP:

A new law signed by Jerry Brown in California has now made it easier for Californians suffering from the Real Estate dip to short sell their homes. The new law prevents the second lein hold nor the investors behind them, including any insurer to seek any type of deficiency judgement against the seller once the deal is closed. 

 

HERE IS THE LAW FOR THOSE WHO CAN NOT SLEEP AT NIGHT (like me).

 

http://ca.opengovernment.org/system/bill_documents/001/221/782/original/sb_458_bill_20110516_amended_sen_v96.html?1310498614

 

BILL NUMBER: SB 458 AMENDED
BILL TEXT

AMENDED IN SENATE  MAY 16, 2011
AMENDED IN SENATE  APRIL 4, 2011
AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Corbett
   (Principal coauthors: Senators Correa and Vargas)
   (Coauthors: Assembly Members Blumenfield and Skinner)

                        FEBRUARY 16, 2011

   An act to amend Section 580e of the Code of Civil Procedure,
relating to mortgages, and declaring the urgency thereof, to take
effect immediately.



LEGISLATIVE COUNSEL'S DIGEST


   SB 458, as amended, Corbett. Mortgages: deficiency judgments.
   Existing law prohibits a deficiency judgment under a note secured
by a first deed of trust or first mortgage for a dwelling of not more
than 4 units in any case in which the trustor or mortgagor sells the
dwelling for less than the remaining amount of the indebtedness due
at the time of sale with the written consent of the holder of the
first deed of trust or first mortgage. Existing law provides that
written consent of the holder of the first deed of trust or first
mortgage to that sale shall obligate that holder to accept the sale
proceeds as full payment and to fully discharge the remaining amount
of the indebtedness on the first deed of trust or first mortgage.
Existing law specifies that those provisions would not limit the
ability of the holder of the first deed of trust or first mortgage to
seek damages and use existing rights and remedies against the
trustor or mortgagor or any 3rd party for fraud or waste if the
trustor or mortgagor commits either fraud with respect to the sale
of, or waste with respect to, the real property that secures that
deed of trust or mortgage. Existing law makes these provisions
inapplicable if the trustor or mortgagor is a corporation or
political subdivision of the state.
   This bill would expand those provisions to prohibit a deficiency
judgment upon a note secured solely by a deed of trust or
mortgage for a dwelling of not more than 4 units in any case in which
the trustor or mortgagor sells the dwelling for a sale price less
than the remaining amount of the indebtedness outstanding at the time
of sale, in accordance with the written consent of the holder of the
deed of trust or mortgage if the title has been voluntarily
transferred to a buyer by grant deed or by other document that has
been recorded
and the proceeds of the sale are tendered as
agreed. The bill would also provide that, in other circumstances,
when the note is not secured solely by a deed of trust or mortgage
for a dwelling of not more than 4 units, no judgment shall be
rendered for any deficiency upon a note secured by a deed of trust or
mortgage for a dwelling of not more than 4 units, if the trustor or
mortgagor sells the dwelling for a sale price less than the remaining
amount of the indebtedness, in accordance with the written consent
of the holder of the deed of trust or mortgage
. The bill would
provide, following the sale, in accordance with the written
consent, the
voluntary transfer of title to a buyer, as
specified, and the tender of the sale proceeds, the rights, remedies,
and obligations of any holder, beneficiary, mortgagee, trustor,
mortgagor, obligor, obligee, or guarantor of the note, deed of trust,
or mortgage, and with respect to any other property that secures the
note, shall be treated and determined as if the dwelling had been
sold through foreclosure under a power of sale, as specified.
The bill would prohibit the holder of a note from requiring the
trustor, mortgagor, or maker of the note to pay any additional
compensation, aside from the proceeds of the sale, in exchange for
the written consent to the sale.
The bill would provide that
these provisions are inapplicable if the trustor or mortgagor is a
corporation, limited liability company, limited partnership, or
political subdivision of the state. The provisions would also be
inapplicable to any deed of trust, mortgage, or other lien given to

secure the payment of bonds or other evidence of indebtedness
authorized, or permitted to be issued, by the Commissioner of
Corporations, or that is made by a public utility subject to the
Public Utilities Act. The bill would provide that any purported
waiver of these provisions shall be void and against public policy.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 580e of the Code of Civil Procedure is amended
to read:
   580e.  (a) (1) No deficiency shall be
owed or collected, and no deficiency
judgment shall be
requested or
rendered for any deficiency upon a note secured
solely by a deed of trust or mortgage for a dwelling of
not more than four units, in any case in which the trustor or
mortgagor sells the dwelling for a sale price less than the remaining
amount of the indebtedness outstanding at the time of sale, in
accordance with the written consent of the holder of the deed of
trust or mortgage. mortgage, provided that
both of the following have occurred:

   (A) Title has been the voluntarily transferred to a buyer by grant
deed or by other document of conveyance that has been recorded in
the county where all or part of the real property is located.


   (B) The proceeds of the sale have been tendered to the mortgagee,
beneficiary, or the agent of the mortgagee or beneficiary, in
accordance with the parties' agreement.

   (b) Following the

   (2) In circumstances not described in
paragraph (1), when a note is not secured solely by a deed of trust
or mortgage for a dwelling of not more than four units, no judgment
shall be rendered for any deficiency upon a note secured by a deed of
trust or mortgage for a dwelling of not more than four units, if the
trustor or mortgagor sells the dwelling for a sale price less than
the remaining amount of the indebtedness outstanding at the time of
sale, in accordance with the written consent of the holder of the
deed of trust or mortgage. Following the sale, in accordance with the
holder's written consent, the
voluntary transfer of title to a
buyer by grant deed or by other document of conveyance recorded in
the county where all or part of the real property is located ,
and the tender to the mortgagee, beneficiary, or the agent of
the mortgagee or beneficiary of the sale proceeds, as agreed, the
rights, remedies, and obligations of any holder, beneficiary,
mortgagee, trustor, mortgagor, obligor, obligee, or guarantor of the
note, deed of trust, or mortgage, and with respect to any other
property that secures the note, shall be treated and determined as if
the dwelling had been sold through foreclosure under a power of sale
contained in the deed of trust or mortgage for a price equal to the
sale proceeds received by the holder, in the manner contemplated by
Section 580d.
   (b) A holder of a note shall not require the trustor, mortgagor,
or maker of the note to pay any additional compensation, aside from
the proceeds of the sale, in exchange for the written consent to the
sale.

   (c) If the trustor or mortgagor commits either fraud with respect
to the sale of, or waste with respect to, the real property that
secures the deed of trust or mortgage, this section shall not limit
the ability of the holder of the deed of trust or mortgage to seek
damages and use existing rights and remedies against the trustor or
mortgagor or any third party for fraud or waste.
   (d) (1) This section shall not apply if the
trustor or mortgagor is a corporation, limited liability company,
limited partnership, or political subdivision of the state.
   (e)

   (2) This section shall not apply to any deed of trust,
mortgage, or other lien given to secure the payment of bonds or other
evidence of indebtedness authorized, or permitted to be issued, by
the Commissioner of Corporations, or that is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).
   (f)

   (e) Any purported waiver of subdivision (a) or (b)
shall be void and against public policy.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to mitigate the impact of the ongoing foreclosure crisis
and to encourage the approval of short sales as an alternative to
foreclosure, it is necessary that this act take effect immediately.

Read more…

Foreclosure Starts at Lowest Level Since 2008

by Alexis McGee on June 6, 2011

For some reason, the press keeps missing this data. Fewer mortgages were in foreclosure or delinquent in the first quarter, according to recent data released by the Mortgage Bankers Association. Instead, all the headlines are catching the negative pricing news. But if fewer people are in trouble with their mortgages, doesn’t that mean that the worst is behind us? Of course it does. Read on…

According to the group’s National Delinquency Survey, 12.31% of mortgages were in foreclosure or had at least one payment past due in the first quarter, down from 13.6% in the fourth quarter, on a non-seasonally adjusted basis. In the first quarter of 2010, the combined percentage of mortgages either delinquent or in foreclosure reached 14.01%.

 Meanwhile, the percentage of mortgages somewhere in the foreclosure process was 4.52% in the first quarter, down from 4.64% in the fourth quarter and 4.63% a year ago.

And foreclosure starts are now at their lowest level since the end of 2008: Foreclosures were started on 1.08% of mortgages, down from 1.27% in the fourth quarter and 1.23% a year ago.

Seasonally adjusted, the delinquency rate increased in the first quarter, rising to 8.32% from 8.25% in the fourth quarter; the rate was 10.06% in the first quarter of 2010. The nonadjusted delinquency rate, however, dropped to 7.79% in the first quarter from 8.96% in the fourth quarter; the rate was 9.38% a year ago. The delinquency rate covers mortgages that are at least one payment past due but not yet in foreclosure.

“Most of these numbers continue to point to a mortgage market on the mend,” said Jay Brinkmann, MBA’s chief economist, in a news release. He also said that the numbers continue to be heavily influenced by a few states with substantial foreclosure problems.

The MBA survey covers 43.6 million mortgages on one- to four-unit residential properties. It represents 88% of the total number of first-lien mortgages outstanding.

Brinkmann said the market is “not healed yet, but things are looking better than last year or the year before.” That’s primarily due to job creation and some improvement in the economy. If those trends continue, Brinkmann expects to see continued improvement in the mortgage market.

“Short-term delinquencies remain at pre-recession levels,” he said in their recent release. “Foreclosure starts are at the lowest level since the end of 2008 and had the second largest drop ever. The percentage of loans somewhere in foreclosure is down from last quarter’s record high and also had one of the largest drops we have ever seen, although the reasons for the drop will differ from market to market,” he said.

Brinkmann also pointed out that mortgages 90 days or more delinquent have dropped for five quarters in a row. Mortgages in that delinquency category are now at their lowest level since the beginning of 2009 — and the decline was driven by the improvement in mortgages that originated between 2005 and 2007.

“These are the loans that drove the mortgage market collapse and now represent about 31% of loans outstanding but 65% of the loans seriously delinquent. Given that loans originated during this period are now past the point where loans normally default, and that loans originated since then generally have better credit quality, mortgage performance should continue to improve,” Brinkmann said.

Brinkmann also said that we’re currently in the third stage of the foreclosure crisis.

In the first stage, problems were created by subprime and low-documentation mortgages, particularly in certain states, he said. Then, it became more of a national problem with the recession, as unemployment rose.

“Now we’ve entered the third stage, in which we have spotty recovery,” Brinkmann said. “Some of the national numbers continue to be dominated by problem areas.” Brinkmann warned that national statistics are “somewhat meaningless” in real estate because local conditions determine home values.

 

COMMENT:

Is this just a calming before the storm? The wave of ARMs that were taken in 2007  will be resetting


The Adjustable Rate Mortgage or ARM was the time bomb that blew a hole in the real estate bubble in

2007-2008. In the early 2000’s homeowners were convinced by banks, brokers and

even their friends that a mortgage fixed for 30 years was ‘unnecessary’. The logic was

that since most people moved or refinanced every 3-5 years why would you pay the

higher rate offered on 30 year fixed rate mortgages. So in droves homeowners traded

in their secure mortgages for lower interest rates and sexy offers to ‘cashout their

equity’. This duped millions into trading in the security of a mortgage interest rate fixed


for 30 years for a volatile ARM that would adjust in 1-5 years. (Not to mention the 6

accruing negative equity.)

 

Well, the first wave of ARMs adjusted in 2007, but they were mostly ‘band-aid’ loans

given to sub-prime borrowers with the advice that this would be a good ‘starter loan’

and that they should refinance the mortgage before it adjusted… In 2007-2008 we all

learned quickly what ‘sub prime ARMs’ were and how they seemed to single handedly

cripple our housing economy, wipe out triple A rated bonds and sent banks pleading for

relief from failure.

 

What very few have ever stated is that the ARMs of 2011 are even larger loan amounts

and represents an even greater quantity of borrowers.

ARMs will adjust program sold… 2 and 3 year ARMs seemed so aggressive to smart borrowers, but the 5

year ARM was sold as ‘a little more conservative’. What a terrible joke. What seemed

like a partial calming or even recovering of home values and stabilizing of sales in 2010

was merely the unsettling calm before the storm.

 

option ARMs that allowed borrowers to pay LESS THAN the interest payment due, thus2011 is the year the 5/1and let me tell you my friend, there was NEVER a more popular loan
Read more…

NO TO QE3 OR JUST A STRATEGIC WAIT?

cont. .......I was having a conversation with my son about the housing economy the other day and he brought up Quantitative Easing ...or QE3. I had never heard of this term (QE3 or QE2) , I am ashamed to say until he brought it up. I knew about the FEDs plan to print more money and use this strategy to slow down the hemorraging that was happening in our economy. Yet I never heard it described as quantitaive easing.

 

So my little baby boy (32 years old) shared with me his knowledge. As he spoke he shared that he felt this would help for a couple of reasons. Simply put: First he explained that the banks are pretty flush and have their reserves pretty filled up and are feeling more secure. With this he felt that the FED executing another QE or QE3 it would open up the banks to loan out more money across the board, not only in housing monies but for all consumer goods. This he felt would be a good jump start to the economy as it would also drive the job market in the right direction...more monies means more spending means more products...means more jobs, means more houses sold means economy getting stronger.

 

It would make sense seeing as how we have an election year coming up and the DEMOs need to do something or Obama may be seeing his last days in office. So with this in mind your comments are invited. Please read the articles and let me know your thoughts. With all the negative "double dip" news I am trying to keep a more optimistic outlook...

 

LOOKS LIKE THE FEDS ARE HOLDING BACK ON THIS .....OR ARE THEY JUST WAITING FOR THE RIGHT TIME?

 

The Overnight Report: No QE3

June 7, 2011 9:13 PM EDT

By Greg Peel

The Dow closed down 19 points or 0.2% while the S&P lost 0.1% to 1284 and the Nasdaq was basically square.

It was a strong opening on Wall Street last night after successive miserable sessions based on weak US data, suggesting to commentators that bargain-hunters were being sparked into action at levels below previous technical support in the S&P 500 at 1295. However, any buying early in the session was always going to be a risk given Fed chairman Ben Bernanke was due to make a speech about half an hour before the closing bell. Given the apparent sudden deterioration of the US economic recovery, there was much anticipation of what the Fed's response would be.

In other words, expectations had grown that Bernanke would announce QE3 is ready to be rolled out as soon as QE2 expires this month. While the Fed has spent much time discussing inflationary pressures and exit strategies from QE and a near-zero funds rate of late, it had always added that were conditions to deteriorate notably, the central bank "stands ready" to do what it has to.

So it was that just after 2pm in New York, the Dow was up 90 points. But then it began to drift lower, possibly as day-traders took profits ahead of the speech. The drift soon turned into a steep drop such that by the time Bernanke opened his mouth, the Dow was almost back to flat on the day. As he spoke, the average fell sharply to the closing bell, at which point Bernanke was still speaking.

It looked like Wall Street had squared up before it learned what Bernanke had to say but copies of the speech were issued to the media prior and embargoed until speech time. Hence the guts of the speech was quickly disseminated before Bernanke even rose from his seat. It seems Wall Street responded beforehand to the fact traders didn't hear what they wanted to hear.

What the chairman said was that while the most recent data looked poor, the US economy was still recovering modestly. There will always be bumps in the road, oh ye of little faith, he suggested, but most importantly the Fed still expects the recovery to pick up again in the second half of 2011. Yes, the latest jobs numbers were bad, but if you look at the longer trend from 2008 you'll find that jobs growth is accelerating. It's just a frustratingly slow acceleration and the unemployment problem will not be resolved quickly.

There in a nutshell was the "no QE3" call. Bernanke reiterated that QE2 would end as planned this month but that maturities and coupons would continue to be reinvested, which we have dubbed QE two and a half. From the other side of the argument he reiterated that inflation expectations remained low and that recent spikes in commodity prices would prove "transitory". Food price movements in particular could simply be put down to unusual weather conditions prevailing across the globe in the past twelve months, meaning a normalisation of weather should lead to a pullback in prices.

The chairman went to very great lengths to address the common accusation that global headline inflation ? oil and food in particular but also base metals ? was simply due to a weak US dollar which in turn was due to accommodative Fed policy. He pulled out the charts, figuratively, to point out that the fall in the US dollar was minimal compared to the rise in commodity prices, and he also suggested the fall in the US dollar was mostly due to the withdrawal of the "flight to safety" which occurred in 2008-09.

The rises in commodity prices, he noted, were almost entirely due to the legitimate growth of demand from emerging markets. Add the recent supply disruptions (Libyan oil loss, weather problems for food) and the propensity for futures traders to anticipate increased demand (speculation) and what we have is price-spikes that will adjust themselves in the shorter term. In the longer term, Bernanke noted that the growth in global oil production is simply not keeping up with the growth in global demand. This means watching inflation carefully, albeit no immediate risk is seen for the US.

So the upshot is, the Fed funds rate will remain exceptionally low for an extended period but there will be no QE3. Bernanke did, however, warn that Fed monetary policy could be thrown into disarray by Congress. He agreed that the US deficit had to be addressed but pleaded that any resolution to sharply cut the deficit must have a longer term objective. To violently slash fiscal spending now would provide a negative shock to the US economy which could quickly derail the modest, bumpy, recovery.

Before Bernanke's speech, there were signs of an accelerating recovery from across the pond. Surprisingly good eurozone retail sales and German factory orders numbers sent the euro higher, and traders are now expecting the ECB will hint at a July rate rise to counter inflation when it has its June meeting on Thursday night. The stronger euro sent the US dollar index down 0.6% to 73.54.

The Aussie is steady after 24 hours at US$1.0719. The Aussie dipped yesterday when the RBA didn't raise and suddenly sounded a lot less hawkish than it did a month ago (RBA Backs Down) but last night's US dollar fall corrected the balance.

For commodity markets it was a largely steady night ahead of Bernanke's speech. Gold was as good as square at US$1544.60/oz while silver and base metals were mixed on mostly small movements. The exception is lead, which was up another 2%. It appears someone is trying to corner the lead market given one account represents 90% of long LME positions.

And a funny thing happened in oil. Having established a fairly consistent spread of around US$15 over past months based on storage cost discrepancy, Brent-WTI suddenly blew out to over US$17 last night as Brent rose US$2.30 to US$116.78/bbl while West Texas rose only US8c to US$99.09/bbl. I'll address that issue in a story today.

Ahead of the speech, the US Treasury auctioned US$32bn of three-year notes and despite the low yield, demand was buoyant with foreign central banks taking 36% compared to a 32% running average. The benchmark ten-year yield fell after the auction but recovered after Bernanke spoke to be little changed at 3.01%.

The SPI Overnight rose a fairly individual looking 21 points or 0.5%. One presumes that having had more time to absorb yesterday's RBA statement, the market is now confident there won't be a rate rise until at least August, and then maybe not even in August.

Read Bernanke's speech here
Read more…

 

I was having a conversation with my son about the housing economy the other day and he brought up Quantitative Easing ...or QE3. I had never heard of this term (QE3 or QE2) , I am ashamed to say until he brought it up. I knew about the FEDs plan to print more money and use this strategy to slow down the hemorraging that was happening in our economy. Yet I never heard it described as quantitaive easing.

 

So my little baby boy (32 years old) shared with me his knowledge. As he spoke he shared that he felt this would help for a couple of reasons. Simply put: First he explained that the banks are pretty flush and have their reserves pretty filled up and are feeling more secure. With this he felt that the FED executing another QE or QE3 it would open up the banks to loan out more money across the board, not only in housing monies but for all consumer goods. This he felt would be a good jump start to the economy as it would also drive the job market in the right direction...more monies means more spending means more products...means more jobs, means more houses sold means economy getting stronger.

 

It would make sense seeing as how we have an election year coming up and the DEMOs need to do something or Obama may be seeing his last days in office. So with this in mind your comments are invited. Please read the articles and let me know your thoughts. With all the negative "double dip" news I am trying to keep a more optimistic outlook...

 

Nuff Said...    Robert Moreno

 

Quantitative Easing: What is it and why is it?

  • October 10th, 2010 9:44 pm ET

 

Robert Kulak

Ruminations, October 10, 2010

Quantitative Easing: What’s that?

When you want to institute a policy that is sure to arouse suspicions, the best thing to do is to use a new name for it. The Federal Reserve has recently announced that it is seriously contemplating instituting a policy of “quantitative easing.” Who could be against a policy of quantitative easing – that is, unless you realized that it is just a term for printing money and lots of it.

Now, we all know that printing money can lead to inflation or even hyperinflation (as in post World War II Hungary where prices doubled every 14 hours or so). So, why would the Fed even consider a policy of quantitative easing? They’re not stupid. There are upsides to that method, they believe – especially today – and here are they are:

 

 

  1. The Fed is able to take on an expanded role of trying to help stimulate economy as well as stabilizing the currency. In days gone by, the primary role was stabilizing the currency and ignoring the economy.
  2. Quantitative easing, some at the Fed feel, would avoid the risk of deflation – which we have not experienced since the Great Depression. They call the current inflation rate in the U.S. (virtually nil) “disinflationary” and posit that continued slowness of recovery could lead to deflation. In a deflationary economy, prices drop and continue to drop. Consumers postpone purchases reasoning that prices will be cheaper in the future; this action leads an acceleration of the economic downturn. And then there is the debt repayment problem; when an asset diminishes in value, such as in our housing market, people may abandon these assets.
  3. By printing money and then purchasing government securities, the Fed increases the balances that member banks have in the Fed and thus the assets that banks have available for lending. With additional assets, it is assumed that banks will lend more to individuals and businesses, which will lead to a growing economy.
  4. Trade balances improve. Printing money lowers the value of the dollar and, therefore, cheapens the price of U.S. goods. This can lead to increased exports and more jobs; hence, a rebounding economy.

 

So, it looks like a good idea and one that should be implemented. And, in fact, William Dudley, president of the Federal Reserve Bank of New York, said last week “We have tools that can provide additional stimulus at costs that do not appear to be prohibitive. Thus, I conclude that further action is likely to be warranted…”

 Is there a downside? Everything has a downside. Let’s look at some of the potential downsides.

 

  1. The dual role of stimulating the economy and supporting the currency: You may recall that when Paul Volker assumed the position of Fed Chairman, he halted runaway inflation but, at the same time, contributed to the 1982 recession. Still, Volker’s actions contributed to the long-term stability of the dollar and the economic growth that followed for 25 years. This contrasts with the times when President Richard Nixon ordered Fed Chairman Arthur Burns and when President Jimmie Carter ordered Fed Chairman William Miller to print more money to stimulate the economy; the effects on the economy were virtually negative in that the money supply contributed to inflation and little else.
  2. The risk of deflation: There are some economists (notably Robert C.B. Johnsson) who believe that the impact of deflation is relatively benign. Often the steps taken by a government to counter deflation, as in Japan from 1995 to present, prevent a free-market adjustment and can prevent or prolong a recovery.
  3. The Fed’s purchasing government securities and increasing bank funds available for loans may not work. With banks sitting on a high number of non-performing loans (a euphemism for loans that a bank made that will never be repaid), it is likely that banks will hold-on to these new assets. Futhermore, in order to issue loans, there must be a demand. Given that businesses are currently sitting on almost $2 trillion of cash that they are reluctant to spend because of uncertainty in markets and with government policies, it is hard to see how this bank infusion of funds will help.
  4. Quantitative easing may not help with trade balances as it is hoped. Countries depend on the value of their currencies to survive in the international market and, at the same time, the dollar serves as the world reserve currency and all countries have a stake in the dollar. When the U.S. acts counter to currency stability (i.e., lowering the value of the dollar) it can throw the world into potentially a disastrous situation by setting in motion a scenario where many countries devalue their own currencies. Between 1929 and 1933, when countries rushed to devalue their currencies, world trade fell by two-thirds.

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There are other concerns. Al Broaddus, former president of the Richmond Federal Reserve Bank, says that the amount of expenditure of quantitative easement may not produce much of a result. And add to that the psychological effect of printing money – it may indicate to people that the economy is in horrible shape and that investment and, therefore, expenditures should be avoided and resources should be invested in commodities.

And we can’t overlook one of the key commodities: oil. The Organization of Oil Exporting Countries (OPEC) currently prices oil in dollars. OPEC has discussed that, with the falling dollar, other currencies or a basket of currencies should be considered as a pricing mechanism. If we do adopt a policy of quantitative easement, the issue could be raised again. If the price of oil is linked to a more stable currency, then the dollar-price could rise to new heights and that would have exert upward pressure on our prices and downward pressure on our economy.

Upsides and downsides: Every policy has them but it seems as though the downsides quantitative easement would hurt a lot more than the upsides would benefit.

Will the last one out, turn off the incandescent light bulb?

When Congress passed legislation in 2007 banning the sale of incandescent light bulbs by 2014, they thought that they were making a cleaner environment and creating green jobs. Alas, they have evidently accomplished neither but have instead lost jobs and increased imports.

With decreasing demand, GE closed its last incandescent bulb factory in Winchester, Virginia, and laid-off 200 workers. GE had thought about converting the factory to manufacturing compact fluorescent light bulbs (CFLs) but found the conversion cost would be prohibitive. So, the bulbs will be made in China.

Well, at least the environment will be cleaner, right? Maybe not. In 1987 the town of Traer, Iowa, handed out CFLs to everyone. When people found out how cheap they were to operate, they left their lights on all the time resulting in an 8 percent increase in energy consumption.

It seemed like a good idea at the time.

Quote without comment

Polish central bank governor MarekBelka, prior to a meeting of the International Monetary Fund, October 8: "If you want to strengthen your competitiveness by devaluing your currency, this is a sign of despair, this isn't a policy,"

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How is a Palo Alto Short Sale Different From a Regular Sale

 

A short sale is not the same as a regular sale and the differences are very significant. It is not a simple process and if you are buying or selling a short sale you should be working with an agent who knows what her or she is doing.

 

In a short sale the seller owes more on the home than it is worth. The seller needs to ask the lien holders if they will accept less than the amount owed to them.  There can be one or more lenders, and there can also be liens from other places, tax liens, personal loan liens, etc.  Every lien holder has to agree to agree to take less, and the first lien holder gets to say how much they are willing to give to the other lien holders. If everyone can come to an agreement then the sale can proceed.

 

Certain rules apply:

 

1.     The house is sold “As Is”

2.     Disclosures are the same as in a regular sale.

3.     The water heater needs to be strapped and smoke detectors are required.

4.     The home goes on the market and one or more people can make offers on the property.  The seller accepts one offer, and that offer is sent to the first lien holder for approval.  All other offers and any subsequent offers can be back up offers, but they are not supposed to be sent to the bank unless the accepted offer drops out.

5.     The buyer must include a proof of funds for the down payment, a pre-approval letter, and if the first lien holder requests it, their social security number.  They must not have any relationship to the seller.

6.     The first lien holder will look at the seller’s financial information and the strength of the buyer’s offer and determine if they will accept, reject, or counter the offer.  They also determine how much money they are willing to give to any other lien holders to settle the debt. This can take anywhere from a few weeks to a few months.

7.     Once the first lien holder has made a decision they put it in writing and the seller and buyer have to accept the terms of what the first lien holder is offering.  If everyone agrees and there are no other liens then the sale can proceed.

8.     The buyer has their contingency period, gets a loan, and closes escrows.

9.     If there are other liens the same process occurs for those loans.

 

If you have any questions about buying or selling a home in a short sale please feel free to contact me.

 

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

Federal Government Disclaimer (MARS): 1. You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us commission as agreed to in listing contract for our services.
2. Marcy Moyer of Keller Williams Realty is not associated with the government, and our service is not approved by the government or your lender; and 
3. Even if you accept this offer and use our service, your lender may not agree to change your loan.

 

Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

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I sell a lot of of Probate and Trust sales. They are not quite like a traditional sale, but not as unlike a traditional sale as a Short Sale or Foreclosure. One of the differences are disclosure obligations. In California one of the diclosure requirements that causes the most confusion is what happens about the Natural Hazard Disclosure Report and statement. It is simple:

As per the Trust Advisory or Probate Advisory that needs to be signed in each of these transaction the Trustee in the case of a Trust, or the Personal Representative in the case of a Probate, is required to provide a Natural Hazard Disclosure report, but is not to sign the report.

The most common request I have with these sales is for the Trustee's signature on the Natural Hazard Report. It is not an oversight that it was not signed, it was on purpose.

If you have any questions about trust or propabate sales in Santa Clara or San Mateo Counties, please feel free to ask me.

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When you sell or purchase a trust or probate sale, the disclosures are not the same as in a standard equity sale. The basic premise is that while the trustee or personal representative in the case of a probate does not fill out a Transfer Disclosure Statement or Seller's questionnaire, if that person knows anything about the house it needs to be disclosed.  It can go on a separate addendum but can not be hidden.  This is especially true if that person lived in the home with the person who has died, like a child, or other relative.  There are CAR forms which should be used, The Probate Advisory or the Trust Advisory,  that spell out which disclosures are exempt, and which are not.

The trustee or personal representative are exempt from filling out the TDS, Seller's supplemental or questionnaire, They do not have to sign a Natural Hazard Report or provide a Mello Roos Report. They do not need to provide smoke detectors. they do not need to provide the Hazard Booklet.

They do need to provide a Natural Hazard Report, strap the water heater, provide  a lead based paint disclosure, Data Base Disclosure, and FIRPTA.

I hope this clears it up and that you do not find anything terrible lurking behind the curtain. Please feel free to contact me if you have any questions.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

D.R.E. 01191194

650-619-9285

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Special prices applicable till April 30, 2010. CAR members please use promotion code “APCAR005” and non-CAR members please use “APUSA005” on the order form.


HAFA is the first Short Sale program to set nationwide Short Sale standards and financial incentives and it went ‘live’ in the non-GSE market on April 5, 2010. Don’t miss the opportunity to become a Certified HAFA specialist today!

With almost 8 million US families currently behind on their mortgage and continuing high unemployment rates, HAFA will be critically important in helping millions of distressed borrowers achieve a respectful and supported pre-foreclosure home and life transition. HAFA represents an unprecedented opportunity for real estate professionals to make a positive impact and drive transaction and revenue growth.

This 2 to 3 hour program provides a high level overview of the current US distressed housing market and an in depth review of Treasury’s Home Affordable Foreclosure Alternatives (HAFA) program per Treasury Supplemental Directive 09-09. HAFA was revised by Treasury on March 26, 2010 and the program is fully updated to reflect those changes.

The training can be completed on the web anytime and from any location, and is brought to you in partnership with the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R) in California.

Training and Certification Content (2-3 hours)


The training session is organized into the following modules

  • Section I – Foreclosure Alternatives Market Background
  • Section II – HAFA Overview
  • Section III – Implications of HAFA
  • Section IV – HAFA Roles and Responsibilities
  • Section V – HAFA Process and Documents
  • Section VI – HAFA Opportunities and Challenges

HAFA Certification Quiz

Each of the above modules ends with a short multiple choice test. Upon the successful completion of all 6 modules and tests registered clients will:

  • Become a ‘Certified HAFA Specialist’, enhancing your HAFA credibility in the marketplace
  • Have the opportunity to participate in AssetPlanUSA’s Certified HAFA Real Estate Professional Network for Servicer and AssetPlanUSA HAFA referrals
  • Receive HAFA program and Servicer updates for 1 year
  • Be able to print and keep a desk reference ‘HAFA Summary’, as well as 4 key HAFA example contracts
    • HAFA Short Sale Agreement (SSA)
    • HAFA Deed-In-Lieu Agreement (DIL)
    • HAFA Request for Approval of Short Sale (RASS)
    • HAFA Alternate Request for Approval of Short Sale (ARASS)

http://shop.assetplanusa.com/training.html

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Real Estate and Grief

It doesn't matter if REOs are here to stay or short sales are the new REOs. It's the sense of helplessness that it brings to the homeowners and agents alike.We are talking about the new revolution in real estate.

Will you be a fighter?

And yet, a new model of real estate snuck up on most of us. It started with a small band of rebels, the ones who threw away the old, tired rules and instituted fresh new ones. The rest of us stood by and watched, some of us in horror, some of us in awe, most of us hoping the rebellion would be short-lived, that soon we could return to the old model and the old way of doing things. But the rebels’ voices became louder and more strident.

They called it ‘The Short Sale Revolution’

Ultimately, we couldn’t do anything but notice.To notice, though, is not to accept.

First, we had to go through the 5 Stages of Grief.

Denial
Anger
Bargaining
Depression
Acceptance
At first, we entered a state of denial. This can’t be happening, we said to ourselves. And even if it is, it won’t last long.

Then we got angry ... good and angry. At the banks, at Wall Street, at Washington, at buyers, at sellers ... at the unfairness of it all. Why me? we whined. Why real estate? Why my profession? Why now?

Then we bargained for the old ways, stuck to our business models, and dug in our heels. Wishing and hoping all the while for everything to return to the way things used to be.

Towards the end, we became depressed, wondering if anything would ever be the same again. We experienced feelings of hopelessness and frustration. We mourned the loss of business and the putting off of dreams. We felt a lack of control and were confused about what to do next. Sometimes we cried. Other times we yelled and shook our fists at the sky.

Finally, realizing change was here to stay, we accepted the truth, and more importantly, understood it wasn’t our fault. We began to look for solutions. We started revising our business plans, throwing out what didn’t work, and trying new ways. During the process, we adapted to the way things are and not the way we wished them to be. We also learned that this is an ongoing process. If ‘this’ doesn’t work, maybe ‘that’ will. The learning curve is steep. The rules change constantly. We have to adapt every minute, every hour, every day. And we have to remember that we’re not only reinventing our business but reinventing ourselves.

What happens when foreclosures and short sales work their way out of the system ... one year, two years, three years from now? What then? Will all our hard work be wasted? Not in the least. Because we will have survived and become stronger for it. And we’ll be better at what we do.

It’s the dawn of a new era. Welcome it. Embrace it. Spit in its eye when you feel the urge. But keep on ‘keeping on’. The real estate market is here to stay, and so are we.

Need help in Southern California short sales, reos, loan modifications

call me

Carmen Cooley Graham 619 218 7390

Keller Williams

DRE # 012961519
Don't be a victim I am here to help.
www.Carmensellssandiego.com

carmencooleygraham@yahoo.com

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Ok, I have to give credit to Robin Rowland for tipping me off to this originally. I made a few calls and here is what I've found out.....Bank of America has contracted withREDCto process their Fannie Mae Short Sales using the REOtrans/Equator portal.They also will be working some of Wells Fargo short sales, Metlife short sales and GMAC short sales as well.The idea is to help speed the process up, but hey we all now how that is!There will be an additional 12 page welcome package to fill out and have sellers sign...UGH more paperwork! But hey if it moves a Bank of America Short Sale down to 60 days WHOA HOO!!I wouldn't count on that just yet, but maybe they can prove me wrong. This is a case where I would love to have them prove me wrong! LOL!Oh, and it is supposed to get even better for the seller .....Debt to be considered Paid or Settled with the Deficiency FORGIVEN!!I can't wait to see one of the Short Sale Approval letters to see if it is true.They are only doing Fannie Mae and they have to be assigned from the bank. They have a way to check your loan to see if they can request it go thru them.They are only processing Nevada Short Sales, Arizona Short Sales, California Short Sales and Florida Short Sales that are Fannie Mae.
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Is it a rumor or a fact? Short Sale transaction conditions have supported that lenders are stepping up to the plate and offering both their Delinquent Borrower/Homeowner and Realtors "Deals" to remendy a default/delinquent loan by a quick Short Sale transaction. Full borrower cooperation supported by experienced Real Estate service is the key to success. Incentives usually add up to dollars and cents for everyone involved; lender-borrower-realtor.Denise StovallNorthern CaliforniaSonoma County
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That is the basic premise we discussed on David Patterson's, radio show last weekend. His summary says, "This week's Expert Guest on The David Patterson Radio Show was ActiveRain Veteran, Author & CA Broker Regina P. Brown. Her passion is helping families create a legacy through financial education. She offers real estate seminars and private buyer consultations. During this podcast, Regina discussed..."How to Evaluate a Good Neighborhood when Buying a House"It's important to choose the highest quality neighborhood when buying a house. It's not only good for you and your family, but you will realize the highest increase of appreciation. In other words, your property value will rise faster in a better neighborhood." - Regina P. Brown, San Luis Obispo, CAHome buyers don't buy HOUSES. They buy NEIGHBORHOODS. In fact, neighborhoods are more important than individual houses. If you have a house for sale, and a prospective buyer drives down your street, and feels uncomfortable with the neighborhood atmosphere, they will keep driving. They won't even want to view the inside.Curb appeal does not apply only to 1 specific house. Think about it, what if you have a perfectly painted house and a neatly manicured lawn, but your next-door neighbor has a junkyard in his driveway that looks like Sanford & Son? That makes your house less desirable. So curb appeal applies to the entire street, and even the neighborhood.Have you ever looked at a photo of house on Realtor.com and it looks fabulous? And you think to yourself, WOW! What a great price for that top quality house, I've got to check out this great bargain. So you hop in your car and drive over to the house to view the outside. But when you drive down the street, you see abandoned houses, boarded-up windows, paint peeling, weeds 2 feet high, rusty cars without wheels in someone's driveway, ripped up furniture on porches... and then you understand why this otherwise nice house is priced so low. Because its value is influenced by the entire neighborhood's pride of ownership (or lack thereof).Listen to PART 1 of the radio show: http://davidpattersonshow.podbean.com/2009/05/03/the-david-patterson-show-podcast-may-3-2009-part-oneListen to PART 2 of the radio show: http://davidpattersonshow.podbean.com/2009/05/04/the-david-patterson-show-podcast-may-3-2009-part-2 On each page, scroll down to the section that says "Listen Now" and press the forward button. Okay, I know that I sound a little bit cheesy but it's all in good fun, right!ENJOY!Visit The David Patterson Show Blog to find out more about the RADIO show, live every Sunday mid-day. Or if you have a great topic, David is always looking for new guests on his weekly show!Regina P. BrownBroker, Realtor®, e-ProAuthor of eBook "Stop Foreclosure Fast: Solutions to Save your House"Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"Join my NEW group for professionals who work from their home office at http://activerain.com/groups/virtualofficeText copyright © 2009 R.P. Brown, All Rights Reserved
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From the newsletter I received from The California Assocation of Realtors."C.A.R. Achieves Compromise in AB 957,Choice of Escrow BillC.A.R. achieved a compromise in AB 957, “Choice of Escrow Bill.” In multiple discussions with the author, C.A.R. worked with Assemblywoman Galgiani to come up with compromise language that will require fair treatment for real estate owned (REO) buyers in the choice of title and escrow providers.The new language now protects fair negotiation over settlement services, and has removed C.A.R.'s opposition.The new language will codify in California law the federal RESPA rules for selection of title insurance, and extend the same rules to protect buyers in the selection of escrow services. In a nutshell, the sellers will have to negotiate the selection of title and escrow. Under the new language, if an REO seller wants to try and direct choice of escrow, the seller will have to pay for the privilege.AB 957 will also impose new penalties on REO sellers that violate the law, and will empower state regulators to go after both RESPA and "steering" violations."Great news for buyers, but possibly bad news for REO sellers and escrow companies.
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Yesterday I attended an awesome REO seminar from www.NFSTI.com, National Foreclosure Sales Training Institute in Santa Monica, California. The featured speakers were 2 top REO listing agents and we had some surprise guest speakers. One was a top Asset Manager (can't mention any names, sorry). Another guest speaker was Thomas Moore from eBrokerHouse and he demonstrated their software live!Following is a photo of top REO listing agent Pam Eikelberry from Northern Nevada, giving instruction:

Here's the top 10 REO listing tips from our Super guest, the "secret" AM:1. Asset Managers don't like surprises - they need to know any potential problems before they explode.2. Never say "that's not my job" or you'll soon be OUT of a job.3. You may have to prepare REO buyer's agents by educating them about the addendums.4. AS-IS means that the bank will NOT be making any repairs. Duh!5. If buyers default, they should NOT expect a return of their earnest money deposit.6. Never turn down any work, BPO or otherwise, whether it's paid or not.7. Banks won't pay for home warranties. The buyer or agent(s) will need to pay for it.8. Be available any time an AM calls you -- days, nights, weekends, holidays9. Be honest and up front; don't play games.10. When sending a request to an AM, just ask a yes/no question or give a choice of actions. Extended narrative is not needed.Hope these tips will help you with your REO business! Lots more tips available from their 2-day seminar, see if there's an upcoming seminar near you: www.NFSTI.comRegina P. BrownBroker, Realtor®, e-ProAuthor of eBook "Stop Foreclosure Fast: Solutions to Save your House"Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"Text copyright © 2009 R.P. Brown, All Rights Reserved
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Ahh the media!!

http://money.cnn.com/2009/03/26/real_estate/California_comeback/index.htm?postversion=2009040311I find it incredible that the media continues to have NO IDEA what is actually happening in the real estate market. The same media that help deepen the chasm of the market fall with headlines telling everyone the sky was falling at first sign of a market slow down two years ago. Now they want to overlook that vast majority of economists who predict we are going to be mired in this until mid 2011. California? California has just begun to feel the pain that’s coming. We will now see areas previously un-effected have their own foreclosure challenges. Check the amount of NOD's or the number of short sales in the MLS in affluent South Orange County for instance. I am glad the major newspapers and publications are no longer banging the drum for the death march but now as then, a little more truth in message seems to be in order.
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In most cases the Fears Of Shrinking Industries, Your 401k and Real estate Investments go hand in hand. With the current state of job securities, massive lay offs and the fear of what to do next is most thought about and one of our biggest worries today. I recently read an article about a husband and father of two who had worked in his industry for well over 20 years, and was suddenly laid off and his 401k was reduced to nothing. He was facing his biggest fears of his life, what was he going to do, his family was depending on him. His wife a stay at home mom was forced to look for work and after 5 months she did find a part-time job in the retail industry for holiday shopping. The husband on the other case sought processional job counseling and after submitting application upon application he was actually spinning his wheels and going no where fast. He sought training in a new industry and this was the key. To this day he is getting back on track, he made an investment with the savings he had into real estate and he and his family are very happy that he did.We never think about our 401k's until it is too late. Many of us never thought to open it or have any idea about what we would do with it. Of course retirement has it's benefits, unfortunately in today's hard and trying economy most of us will not have the opportunity to retire from our industries. With shrinking industries we must take the first step to secure our futures. It is time to open your 401k pull out your money and put it to work for you unless you want to continue to work for your 401k. Don't wait until it you open your pay envelope to see the infamous 'PINK SLIP'I would like to introduce you to a few ideas i came across a few weeks ago. REO agents ace also become real estate Investors. The downloads I am including will introduce you to and fortify your beliefs and realistically show you how you can benefit from these free downloads and course materials. Within this link you will find many useful resources that you could incorporate in your current industry or pass on to someone you know with an interests in real estate.Free Web Bonus PackFree e-Book: How To Create Multiple Streams of Income Buying Homes in Nice Areas with Nothing Down!https://mfg.infusionsoft.com/go/FreeWebBonusPack/cdnsi/Ultimate Investors Boot CampLearn Multiple Ways to Buy Homes with Little or No Money at the Ultimate Investors Boot Camphttps://mfg.infusionsoft.com/go/UIB/cdnsi/
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ANSWER YOUR TELEPHONE!!

So you want to be an REO agent do you? Unless your just slammed with business and don't need or want anymore, why would you not answer your telephone. Two days ago I spoke with an AM that had 6 properties needing to be assigned all of which were outside of my coverage area exept for one. So being the sharing person that I am, I called & called & called. 3 listings went to my Southern CA friends/agents with Code 3. 1 to an Agent in Beverly Hills , 1 to myself and the Other to a MEGA REO broker in Bakersfield. This REO broker pretty much assured me he will be retiring after this boom, of which is his 3rd and he's doing MAJOR volume. HE DIDN'T KNOW MY NUMBER FROM NEXT BUT CERTAINLY ANSWERED HIS PHONE AT 10AM IN T THE MORNING WHEN I CALLED. So why is it that a Broker Doing Mega business can answer his phone, and some of us wanting to get into the business don't answer or at least return a telephone call. I'm sure we all have caller Id & show missed calls on our cell phones. We'll I'm looking for a network of a few good agents in CA that I can count on to answer there telephones next time I am blessed with the opportunity to pass on a REO listing.I have been informed from my contacts that CA is gonna get slammed in the next 6-9 months and I'm sure these opportunites will be more common. So Answer your telephones, I know most of my AM's call me before they assign a listing to give me a heads up. I haven't missed a call from one yet, so I don't know what happens when they don't get you on the phone. I would like to think that after you prove yourself they will just assign it; however sometimes a conversation is worthy. Lots of times there in other States Like PA and don't know Sacramento is 4-5 hours away from Bakersfield.Here's my tip for the month: I spoke with the REO coordinator for Citi & have been informed they will be adding new agents in or near the 1st quarter of 2009. So you may want to get your packets in if you haven't already done so. (So why would they be adding more agents around this time, well the stars are linning up, just another source confirming the volume and outlook ahead.)
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