The Difference Between Contingent and Pending

At last… you found your dream home! It’s everything you were looking for in a new home! It’s the perfect size with a big yard in a fantastic location… everything you wanted!

Wait… there’s a small sign that says “pending” on the for sale sign. Oh no!… does this mean that your dreams of owning this house are crushed?

It’s possible… but you might still have a chance.

Orlando real estate deals fall through every day for one reason or another. So as Lenny Kravitz would say… “It ain’t over till it’s over”.

If you’ve been looking at real estate listings, you’ve noticed there are a few different statuses. In this post we’ll be comparing contingent vs pending, so you’ll know exactly what they mean to you as the buyer. So, the question is… Can you still make an offer on a home under these conditions and what are your chances?

A Real Estate Contingency

Once a property goes under contract, the seller and buyer have made a promise to go through with the sale. For instance, If a house goes under contract, the seller can’t accept any other offers or sign another contract. The seller has to adhere to the terms of the contract. Typically, a buyer puts down an earnest money deposit to show that they’re serious. If they walk away from the deal for no reason, the seller gets to keep the deposit.
So what if something happens during the process that makes one of the parties want to walk from the deal?

It’s exactly for this reason that real estate contingencies exist. Both seller and buyer are free to add contingencies to any real estate contract. A contingency means the sale of the home is contingent on a specific condition. If that condition isn’t fulfilled, the buyer or seller isn’t obligated to continue with the sale.

What Are Some Common Contingencies?

  • Home Inspection- Buyers hardly ever request a home inspection before submitting an offer. That’s why the most common contingency is the home inspection contingency. So what if something negative comes up in the inspection report? Either the parties will negotiate the repairs or cost of repairs and adjust the price. If the issues are bigger than the buyer wants to handle, they can walk away from the deal and get their deposit back… all thanks to the inspection contingency.
  • Appraisal- An appraisal is always a nerve-wracking part of a real estate transaction. The buyer’s mortgage company orders an appraisal to know the true value of the home. They want to make sure if the buyer defaults, they can retake possession of it and recover their investment. The appraisal is generally based on the market value of a home. The appraiser should make adjustments depending on upgrades and needed repairs. If the home doesn’t appraise for the contract price then the lender will deny the loan. In this scenario, the buyer can walk and collect their deposit.
  • Financing Contingency- Also designed to protect the buyer is the financing contingency. Besides the appraisal, there are a few other reasons the lender may deny a loan. For whatever reason… if the lender denies the loan, the buyer is free from the contract and can collect their deposit.
  • Home Sale Contingency- A buyer can have a contingency that allows them to sell their current home before buying. Buyers usually do this if they need the money from that sale for the down payment of the new home.

What Does Pending Mean?

Once all the contingencies of the contract are met, the listing status changes to pending. A pending listing is no longer considered to be an active listing. It means the sale hasn’t closed yet but is scheduled to.
Although, this doesn’t necessarily mean buyers can’t make an offer…

Pending — Accepting Backups
This means the seller is taking backup offers in case the one they have falls through. It’s important to note the seller can’t accept any other offer until the first one falls apart. Buyers can have their real estate agent follow up to see how it played out.

Short Sale

A short sale is a condition when a home is being sold at an amount less than what is currently owed on the mortgage. In a short sale scenario, the lender has the final say whether an offer gets accepted or not. Every offer has to be approved by the lender before getting accepted.

You should know going in that short sales are anything but short. Most banks are slow to respond. If you need to buy a house fast then short sales are not for you (especially as a backup buyer). However, if you’re in a position where you can wait a month or two…or three to buy, then you could end up with a great deal… if the previous buyer falls through.

Real Estate Terms: Contingent vs Pending

You should now understand the difference between contingent vs pending status on a listing. I hope these real estate statuses are less confusing to you when the time comes.


If you like a home, go ahead and put an offer on it… even if it’s pending. Orlando real estate deals fall through all the time and you might just get lucky! You’ll never know if you don’t try.


If you still have questions regarding this post or anything else related to real estate contact me today! I’m happy to help!

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Foreclosure Homes in Orlando FL

Searching for a foreclosure property in Orlando, FL

The home buying process can be as exciting as it can be scary… Especially when buying a foreclosure home in Orlando. Depending on if you plan on living in the home, selling it, or renting it out, you should be a critical buyer. There are several things you should consider before making your decision.

Finding the right Orlando neighborhood.

If you plan on living in the home, you should find a neighborhood that meets your family’s needs. Being in a good school district or being close to your job could help you decide. But, if you plan on renting it out, you’ll want to be in an area where it will rent out fast like near a college or university. Your real Orlando estate agent can advise you on finding the best area to meet your needs.

Determine how much you can afford to pay

It’s important to know how much you can afford to pay for a house before you begin your search. Keep in mind that when you’re buying an Orlando short sale home or foreclosure, you’re buying it in as-is condition. Chances are you’ll have to make a few repairs to make it livable. Unless you’re an experienced investor, I would suggest avoiding homes needing major repairs. By adding the cost of repairs to the sale price you’ll know how much the house will cost you.

Finding a Realtor that specializes in Orlando foreclosure properties

Not all Realtors in Orlando have experience with foreclosure properties or short sales. You must find an agent that specializes in foreclosure homes and short sales. By hiring the right agent, you will greatly increase your chances of finding the right property.

Facing Foreclosure in Orlando?

If you or someone you know have an approaching foreclosure sale date, you must take action! Whether you speak with us or some other Orlando foreclosure specialist, don’t wait. Time is against you and the faster you take action the better your chances of avoiding foreclosure.


Know your options…

Just because the bank has begun the foreclosure process or has threatened to, don’t panic! You have options… Depending on your situation there are some different options available to you.


Short Sale

A short sale is when your mortgage lender agrees to let you sell the home for less than what’s owed on the mortgage. They will only do this if the home is currently valued for more than what it’s worth or “market value”. You must also prove to the bank that you can no longer afford to pay the mortgage. You’ll have to submit a complete short sale package to your bank. The package consists of a hardship letter, 2 years of tax returns, and your financials.


Loan Modification

If you’re looking to keep the home and continue living in it a loan modification may be an option. This is when the lender adjusts the terms of your mortgage making the payment more affordable. In my experience, the modified terms are often worse than the original mortgage terms. The truth is you won’t know until you try.


Deed in Lieu

A deed in lieu is when you sign the deed over to the bank and they agree to stop the foreclosure. Having a deed in lieu of your credit is still far better than foreclosure.

STOP FORECLOSURE!

File for Bankruptcy

As a last resort, you can always file for bankruptcy to avoid foreclosure. Consult with a local bankruptcy attorney to see if it could be an option for you.

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What You Should Know About Mortgage Forbearance

Like many Americans right now, you might be worried about making your next mortgage payment. Don’t panic just yet… Forbearance may be a good option for you! It means working together with your mortgage company to help you avoid any late penalties and eliminate any risk of being foreclosed on. You may also consider seeking the advice of an experienced real estate agent before contacting your lender.  

If you’re experiencing financial hardship due to COVID-19, here are some things you need to know about mortgage forbearance agreements.

What’s mortgage forbearance?

Mortgage forbearance is a program designed to provide temporary relief from your mortgage payment by either lowering your monthly payment or pausing your payments completely for a pre-determined amount of time. This is generally requested by homeowners who are going through some type of financial hardship affecting their ability to make their mortgage payments, like loss of employment, divorce, or illness.

Mortgage forbearance is not free money; you still owe the full amount of those reduced or missed payments.   

Does mortgage forbearance affect my credit?

Under normal circumstances [not during a global pandemic], it would be up to your lender whether or not to report your forbearance to any credit bureaus. However, right now mortgage lenders are providing struggling homeowners with an automatic, no documents required 3-month forbearance plan because of the coronavirus. They will not be reporting this forbearance plan to any of the credit bureaus either.  

Under normal circumstances, however, a forbearance would still be much less damaging to your credit than a few missed payments or foreclosure.

How does a mortgage forbearance work?

First of all, you have to make contact with 6your lender to see if they will approve you for a forbearance agreement. Don’t ever just stop making payments without speaking to your lender first. Normally, lender qualifications will vary slightly between different mortgage companies. The type of loan you have will also be a determining factor in what options you will be offered, or you will qualify for.

If you qualify for mortgage forbearance, your lender will work together with you to set up the terms of your agreement. Terms of forbearance may include:

  • Length of time for the forbearance period
  • Reduced payment amount required during the forbearance period.
  • Whether or not your lender will report the forbearance to credit agencies.
  • After the forbearance period ends how will you pay your mortgage moving forward, including skipped or reduced payments.

Once the forbearance period ends, you will have to pay your mortgage company back according to the terms you agreed on. Here are some typical options for paying back the missed amount:

  • Lump sum bringing the loan current in 1 single payment.
  • Adding an additional amount to your normal monthly payment until your current.
  • Normal payments will resume and missed payments will be added to your mortgage lengthening the terms of your mortgage.
  • Loan modification; when the terms of your mortgage are permanently adjusted by either a reduced payment, reduced principal or both.

How long will a mortgage forbearance last?

Mortgage forbearance is designed to provide temporary relief from your mortgage payment while you are going through a financial problem. Typically forbearance agreements do not last more than 3 months to 1 year.

Most mortgage companies will require you to provide them with regular updates during the forbearance period. If you need an extension, your lender will explain your options at that point.

Can a forbearance plan hurt my financial future?

A forbearance will usually be reported to the credit bureaus unless your lender has agreed to not report it. Right now, because of the coronavirus outbreak, almost all lenders have agreed to not report a forbearance to any of the credit bureaus. Having a forbearance on your credit history still looks much better than a foreclosure, short sale, and even a few missed payments.

Before you buy a new home in the future, you would need to re-establish yourself as a credible borrower. As long as you’ve already gone through the forbearance without missing any payments, the impact on your credit should be minimal and you may even consider applying for a new home loan from the same lender that granted you the forbearance.

How can I qualify for a mortgage forbearance?

The qualifications for mortgage forbearance are similar to that of a short sale. You start by applying. Most lenders will let you start the process online but I suggest you begin by calling your lender and take notes on every phone call… who did you speak to?… what happened on the call? etc. You can get started by gathering the following items.

  • Most recent mortgage statement.
  • List of your monthly income.
  • List of your monthly expenses.
  • Hardship letter, an explanation of why you cannot continue to make the mortgage payment (include any supporting documentation if possible).

Just like when I do a short sale in Orlando, it’s best to start communicating with your lender way before you miss any payments. If you already missed a payment before reaching out, it will show up on your credit report and stay until the loan has been made current again.

Keep in mind, if you’re filing because of a natural disaster or even a global pandemic like we’re facing currently, there’s usually a time limit in which you can file your claim.

If your request is denied, you then have an option to appeal the decision with your mortgage company. Then your application will be reviewed by a newly assigned loan officer, and they will reach out to you with an updated decision.

How do I get mortgage forbearance?

You should contact your mortgage servicer to apply for a mortgage forbearance agreement. Call the number on your monthly statement and ask for the mortgage forbearance dept to get started.

If you want unbiased advice about your financial situation, consider speaking to a housing counselor from the Department of Housing and Urban Development. You can make an appointment with a HUD counselor near you by going to their website. They will advise you on whether forbearance is a good choice for you in your current situation. They will also explain how different repayment plans would work.

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Orlando Homeowners Get A Lifeline

I’ve been a real estate broker in Orlando for the past 16 years and in that time I’ve never seen the economy come to a screeching halt like this before. Not even when the market crashed back in 2008 and the market was suddenly flooded with Orlando short sale properties that weren’t selling.

This pandemic is a different kind of disaster that has nothing to do with unethical mortgage companies or homeowners living well above their means. This is a situation that took us all by surprise and is out of our control as homeowners. Luckily, there is help out there for homeowners who are currently in financial trouble.

Orlando homeowners who’ve lost their job because of COVID-19 are getting some help with their mortgage. Depending on the situation they’re in, they should be eligible to have their mortgage payments suspended or reduced for anywhere between 3 and 12 months.

Our Federal directors, with the help of Freddie Mac and Fannie Mae, are instructing lenders to help homeowners out by offering flexibility. This would cover about 50% of all the home loans in the U.S. [loans that are guaranteed by Freddie and Fannie]. Regulators believe, however, that the mortgage industry adopts a similar policy with their customers.

Under this new plan, homeowners who lost their income could qualify for reduced payments or a pause to the payments altogether. This forbearance can be for up to 12 months depending on the homeowner’s situation.

Homeowners should not just stop paying their mortgage without contacting their mortgage company. Doing this will surely damage their credit. Their lender will work with them to at least suspend 3 months of payments right off the bat without any penalties and without reporting it to any credit bureau. They will do this with verbal testimony without any supporting documentation because of the coronavirus outbreak.

Within the 3 months, they should work with you to come up with a payment plan and may ask you for some proof of hardship to determine what your best options would be to get back on track.

COVID-19 mortgage help is not FREE MONEY!

You must know that help with your mortgage due to COVID-19 doesn’t mean free money. All homeowners will have to work out a repayment plan once they are back on track financially. This could also be simply extending the term of the loan.

Some may even have to repay the entire amount when the 90 days are up, depending on the banks’ criteria as well as the homeowner’s financial situation.

I believe this was a great 1st step by lenders. Could you imagine the mass panic throughout the US if, all of a sudden, homeowners couldn’t continue to make payments and all the lenders began foreclosure proceedings?!

There’s already enough stress about trying to not get the virus and keeping our loved ones safe and healthy that people should not have to worry about losing their homes.

Contact your mortgage lender

Homeowners needing help should reach out to their servicer immediately and find out what their options are. Explain to them that you are having financial problems because of the virus outbreak and request to be put into a forbearance program.

Some of the largest mortgage lenders in the country, like Wells Fargo and Chase, are also working to help homeowners who have been financially hurt by the coronavirus. These lenders have the responsibility to follow through on what our government directed them to do.

Mortgage companies have also been told to pause all foreclosure proceedings as well, although anyone in foreclosure right now would have had to be in trouble before the coronavirus even started spreading in the U.S. I believe this was more of a public health move than anything else.

Can a mortgage forbearance end up as a short sale?

Once a mortgage forbearance agreement has come to an end, there is still a chance that you don’t like the terms, or you still can’t afford what they’re offering. In this case, traditional loss mitigation procedures may resume. At this point, the usual options will be available to you like a short sale, loan modification, or a deed in lieu. Homeowners may feel that one of these options will benefit them more than agreeing to the terms they have laid out for you in the forbearance program.

Help for renters

These plans by mortgage companies don’t do anything to help renters. Renters, however, can apply for rental assistance through state and federally funded rental assistance programs. I would also suggest reaching out to your landlord and maintaining open lines of communication.

Landlords feeling the pain

Keep in mind, landlords are suffering as much and even more right now. Mortgage forbearance programs are designed for people’s homestead properties and not investment homes. Imagine you have 10 rental properties, 10 mortgages to pay… then, all of a sudden, you stop receiving 10 rental checks all at once!  

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A wave of Short Sales could be headed for Orlando due to COVID-19

While stay-at-home orders are keeping people at home, many Floridians could be falling behind on mortgage and rent payments due to loss of employment and an economy on a downward spiral.

The real estate data-service provider, Attom Data Solutions, reported that 10 of Florida’s 67 counties are in the top 50 most vulnerable counties in the U.S. to the economic impact of the COVID-19 pandemic. Most of these counties are in either North or Central Florida, including Osceola, Hernando, Flagler, Clay, Lake. Surprisingly, Broward county was the most vulnerable of the South Florida counties.

The only state that ranked higher than Florida in this study was New Jersey with 14 counties in the top 50 most at risk in the nation. Also ranked near the top were New York, Connecticut, and California. Real estate markets in the Midwest and West are considered to be less likely to see big numbers of people losing their homes because of the virus outbreak.

483 counties throughout the US were studied to determine what percentage of homes we can expect that will be receiving foreclosure notices by the end of 2020 and what percentage of the local wages are needed to pay for homeownership. The study used data from the last quarter of 2019 to calculate the averages.

Central Florida has one of the lowest median incomes in the U.S. The local economy is largely dependent on tourism and convention revenue which could mean big trouble for homeowners. Many landlords are suffering right now… especially if they depend on rental incomes to pay the mortgages.


Central Floridian homeowners could be facing rough waters ahead

Realtors in Orlando are also starting to feel the pain. Activity has slowed for both buyers and sellers with only people who have no choice but to buy or sell eager to close. Home sales in Orlando are reaching the levels that we saw back in 2008 after the market crash. Orlando Realtors are losing almost $700,000 in daily commissions from the pandemic.

Right now it’s too early to say how this will all play out because we don’t know how effective the Federal stimulus will be in helping people through this financial rough patch. Banks are granting temporary mortgage forbearance to many homeowners and businesses will hopefully get enough help to pay employees through the crisis.

I believe lenders will have to step up and provide some major help to prevent foreclosures in Orlando and other Florida cities. In my opinion, it’s the only way to avoid large numbers of foreclosures and short sales in Orlando.

Potential for Mass Short Sales in Orlando

Like I said before, it’s too early to tell what will happen to Orlando real estate market as a result of coronavirus. However, I do think that if people don’t get back to work in the next couple of months, short sale Realtors in Orlando will be extremely busy by the end of 2020 and well into 2021.

Even lenders aren’t sure how everything will end up playing out because they don’t know how much time it will take for Floridians to get back to work. Short sales and loan modifications are used as an alternative to avoid foreclosure. The problem with loan modifications is that the homeowner will still be on the hook for the entire amount of the loan but with lower payments.

I’ve been a short sale Realtor in Orlando since 2004 and 9 out of 10 times when I present my clients with the terms of both a short sale and a loan modification, they choose short sale.

Doing a short sale, however, will allow the homeowner to sell the home for less than what’s owed on the mortgage. By doing this, the lender gets at least most of their money back and avoids a lengthy and expensive foreclosure process. The homeowner also benefits from a short because they can avoid having a foreclosure on their record and won’t be responsible for the difference between what they owed and what the home sold for.

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