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TOR 008: Orlando Short Sale Help | Debt Relief Act Extension

Today we are joined once again by Jenny Zamora, Orlando Listing specialist, and short sale expert.
She is talking about the Mortgage Forgiveness Debt Relief Act and what it means to homeowners needing to short sell their homes.

For listeners that aren’t exactly sure what a short sale is, a short sale is when you make an agreement with your mortgage company to sell your house for less than what you owe them.
So Jen can you tell us what the basic criteria are for a typical short sale?
Jen: “Sure I’d be happy to.
1- The home’s market value must be less than what’s owed on the mortgage, if not then you could just sell it as a traditional listing right?
2- The homeowner must be behind on their mortgage payments.
3- The homeowner must also be going through some kind of hardship that is preventing them from getting current on their payments. like losing their job, health issues, job transfer, etc.
Now, there are a number of other situations in which a lender may or may not approve a short sale, but those are the basics. “
Let’s say that you get the short sale approved on someone’s house and let’s say that the homeowner owes $300,000 and you were able to get it down to $200,000. Now there would a difference of $100,000… What happens now?
There are a few things that can happen next.
* For an amount that large, the lender will try to get the homeowner to sign a deficiency judgment or bring money to the closing.

Throughout the negotiating process, we let the bank know that our seller will not agree to sign a promissory note or accept a deficiency judgment for the balance….period.  As a matter of fact, we try to get money back to the seller for relocation costs, and most of the time we’re successful. We’ve gotten our clients from 3 to thirty thousand back at the closing. Tat’s a lot of money!
It is, but it also costs a lot of money to relocate to a new home and at the end of the day it’s my job to fight for my clients when no one else will. So you’re able to wipe the slate clean with the lender and even get cashback to the seller.
Now let’s talk about everyone’s favorite government agency… The IRS. How do they look at that 100 thousand dollar balance?
Normally they would look at it as income for the seller…. and if it’s income in their eyes, they’ll be charged income tax.

Contingency

People that need to short sell a house are typically going through a financial hardship so there’s no way they can afford to pay that additional money to the IRS, they would just be getting deeper into debt and no one wants to owe the IRS that’s for sure.
An IRS lien follows you and continually increases because they charge you interest. and eventually, you will pay… there’s no escaping them.
Not a good position to be in…So tell us about the Mortgage Forgiveness Debt Relief Act.
When the real estate market collapsed 8 years ago, Congress implemented the Mortgage Forgiveness Act of 2007 and it guaranteed people that they could short sell their homes without having to worry about paying income tax on the difference between the full payoff and the short payoff.
Ok so that was back in 2007, is it still in effect now in 2015?
Initially, it was supposed to end in 2010 and they’ve been extending it every year since. So that means that homeowners can short sell their homes and not worry about the tax implications?
That’s correct, so homeowners that need a short sale on their home now in 2015 can do so without worrying about the tax implications.
Good stuff, and I’d like to thank our short sale expert… Jenny Zamora for joining us and anyone that needs some more information about short sales or if you want to know if you qualify, Jenny can be reached at 407-902-7750 or visit: www.OrlandoRealtyConsultants.com


That’s our show for today… we’ll see you next time.

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Sellers Analyzing The Offer

So this is what you’ve been waiting for, your Orlando real estate agent calls to tell you that she has an offer on your property. First, you get excited and your heart starts racing from the adrenaline racing through your body, then you get that sinking feeling thinking it may be a lowball offer. It’s kind of like a roller coaster ride where you don’t know what will come next.

At this point, it’s important to look at the whole offer in detail and not just the price. Things like contingencies, seller concessions, and real property will all come into play. Even if you get your full asking price these items can cause you to net much less than you were expecting. Your Orlando real estate agent will break down the offer for you but it’s always a good idea to have a basic understanding of the contract beforehand.

Here’s an analysis of your basic real estate sales contract

The Purchase Price- This is the price of the home and what most people get excited about but, don’t get too excited until you see what the buyer is asking for as part of their offer.

The Earnest Money Deposit- An amount of money given as a deposit to show that the buyer is serious about buying the property. Buyers will sometimes put down a larger deposit to show the seller that they mean business and are fully committed to buying the property. This deposit is usually held by the title company in an escrow account. This deposit will usually end up going towards the buyer’s down payment.
If for some reason the deal falls apart for reasons outlined in the contract, the buyer will then get their deposit refunded. On rare occasions, the buyer may want to back out of the contract after the inspection period has passed. If this happens, the seller can make a claim to keep the earnest money deposit.

The Mortgage contingency- This will usually be the first contingency you’ll see. This is where the buyer states what their offer is based on them getting approved for a mortgage. This is very common however there are some things you should be made aware of. Make sure there is a realistic time limit in the contract. If not, the buyer can take much longer than normal trying to shop for the terms that they’ll never get anyway thus wasting your time.

Seller Concessions- Seller concessions can range from the seller paying for the buyer’s closing costs to agreeing to pay for a new AC unit. In a hot market, buyers aren’t likely to get any concessions. However, in a cooling market, buyers are likely to ask for more concessions because they will probably get most of what they’re asking for.

Inspections- This is where the buyer specifies that their offer is contingent on the home inspection report that the buyer pays for. This contingency can also include pest damages, septic tanks, well issues, etc.

Personal Property-This is where the buyer can ask for some or even all of your personal property like furniture, appliances, your firstborn, etc. The best way to distinguish between what’s personal property and what’s real property is that everything that is physically attached to the home is real property and automatically considered part of the transaction and will belong to the new buyer.

Everything that isn’t attached like furniture, appliances, and yes…your firstborn child would be considered personal property. So be careful of what you’re giving away!

Appraisal- This is the most common contingency in a real estate transaction. This is in place to make sure that the house is worth what the listing price is. In some cases, the appraisal will come in less than the purchase price and the lender won’t approve the loan amount.

At this point, the buyer can either ask the seller to adjust the price or, if the seller doesn’t budge and want it bad enough, they can come out of pocket to pay the difference. That usually doesn’t happen though.

Buyer Needs To Sell Their Home First- As a real estate agent in Orlando, I always advise my listing clients against this one. It states that the buyer’s offer is contingent on them selling their home first. If you do want to accept a contingency like this one, make sure there is a time limit, if not, a buyer can end up tying your property up for months.

In this case, I like to recommend what’s known as a 72 hr clause aka “kick-out clause” and here’s how it works. This clause allows the seller to continue to market their property and if another offer is received, the buyer then has 72 hrs to complete the transaction or the deal is canceled.

With everything mentioned above, it’s easy to see why the purchase price is not a very good indicator of how much the seller walks away with at the end of the transaction.

If you’re thinking of selling your home in Orlando, Be sure to contact www.OrlandoRealtyConsultants.com and speak to one of our experienced Orlando realtors today!

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Buying An Orlando Home? Top 6 Things To Watch Out For!

Statistically speaking, over forty percent of pre-owned homes on the Orlando Real Estate market today have had at least one serious issue or defect at one time or another.

With the exception of brand new homes, just about any home you walk through will need some kind of repair no matter how minor it may be, you can always find something that needs attention. These kinds of minor repairs and maintenance upkeep are completely normal and should be expected.

However, when buying a home, especially one that you’re planning to live in, you want to make absolutely sure that you’re aware of any major problems that exist and what it will take to fix them.

From our experience in buying and selling thousands of Orlando Homes over the years, here’s a list of the most serious home defects to watch out for.

1-Central AC- Sometimes a Central AC unit could be working fine, yet on its way out very shortly. It’s important to have the home inspector pay close attention to all the components of the system, especially if the unit is over 5 years old. A new central AC can cost you between 4 and 6 thousand dollars depending on the size of the unit.

2-Environmental Hazards- Older homes should be inspected for asbestos, lead paint, radon, and water system contamination.

3-Hidden Roof Damage- Although the roof may not be leaking, it needs to be thoroughly inspected both on the exterior as well as from inside the attic. Roofs are only expected to last around fifteen years so find try to find out how old the roof is on the home.

4-Insect infestation- check especially for termite and carpenter ant damage. Find out if the home is already being serviced for pests.

5-Outdated Electrical- Rewiring a home’s electrical system can be very expensive. It is very common for older homes to have these issues.

6-Plumbing- Like the electrical system, upgrading the plumbing system in a house can cost you big bucks.

It’s important that you know what you’re getting into because anything can be fixed but at what cost?  You could easily rip through a thirty thousand dollar budget in no time at all fixing some of the things mentioned above.

That’s why it’s extremely important that the Orlando Realtor that is representing you makes sure that the contract gives you ample time to complete your home inspections. If there is an issue, you’ll easily be able to back out of the contract and get your deposit refunded.

Use The Repairs To Negotiate The Price.

If the home inspection reveals that there are indeed some major issues, then you can use this to negotiate the price. That is if you’re still interested in proceeding with the sale. If so, the best thing to do at this point is to get estimates on the repairs. You can then use these estimates to negotiate the sales price.

A home inspection costs around $250 to $400 and is well worth every penny. The Orlando real estate agent that you hired should be able to recommend one to you.

Make sure to be present when the inspection occurs so that you can ask questions about the different systems in the home. It’s also a good idea to ask the inspector what to expect down the road and how to maintain certain items that you are unsure of.

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Orlando Real Estate, 7 Things Buyers Should Know To Get The Best Deal

The Orlando Real Estate market appears to be shifting slightly once again and now potential home buyers find themselves in an advantageous position. The days of multiple offers above listing price being thrown at sellers as soon as it hits the MLS are pretty much gone.

The competition among Orlando real estate investors is dwindling in many parts of Orlando and throughout Central Florida. Buyers looking for a home to live in are in a better position to find what they’re looking for at the price that they need it to be.  No one knows for sure what’s going to happen but this pause in the Orlando real estate market could be just the break that buyers were hoping for.

The Top 7 Things Orlando Home Buyers Should Know To Negotiate The Best Deal.

1- Human Nature. It’s hard to fight human nature and when there’s a change in the Orlando real estate market, both buyers and sellers think that they have an advantage. The seller will always feel that their home is superior to other homes and completely immune to what the local market is doing.  On the other hand potential buyers believe that every seller is about to go into foreclosure and start making absurd lowball offers.

 The educated buyer does the proper research and knows exactly what size home they need and how much they can realistically afford. Once they know their numbers, they enlist the help of an experienced Orlando real estate agent to find a home that meets their criteria and submit an offer that’s fair to both buyer and seller.

2-Know Your Comparables. By educating yourself on recent sales in the neighborhood, you’ll be one step ahead of the game and no one will be able to pull the wool over your eyes.

If you insult the seller with a lowball offer, you run the risk of them no longer wanting to deal with you even if you’re willing to come up on your offer. You want the seller to at least look at your offer so that you can start negotiating.

3-Seller Motivation. Your Orlando real estate agent should be able to find out why the seller is selling. There are different degrees of motivation, for example; A seller needing to start a new job in a different city or state will be much more motivated to sell than someone that will only sell if they can get their full asking price. The more you know about the seller’s motivation to move, the better position you will be in to negotiate.

You should also find out how much the seller owes. With the help of your Orlando realtor, this shouldn’t be hard to find out. The MLS will sometimes provide these figures and if not, they can get these numbers from the Orange County Appraiser website.

4-Wait It Out. Usually, after a house has been sitting on the market for a few months and an endless conga line of people have been invading their privacy and dirtying their floors, they’re at a point where they’re anxious and ready to drop the price. However, you do run the risk of somebody beating you to the punch.

5-Adjust Your Criteria. Consider going after homes that need a bit of upgrading but are livable. You could get a better deal by doing this and just do the upgrades little by little after you’ve moved in. Unless you’re a handyman or contractor, don’t get a house that needs major work or you could be setting yourself up for a major headache [and wallet ache].

6-Negotiate Closing Costs. It doesn’t hurt to try and negotiate the closing costs with the seller. For example, you could ask the seller to add the closing costs to the purchase price. It’s much better for the buyer to put twenty percent down and then add the closing costs to the loan amount than to put fifteen percent down and pay the cost upfront. You can also try to get the seller to pay the first year of homeowner association dues as part of the deal.

7-Keep Site Of The Big Picture. If it comes down to a two or three-thousand-dollar price difference from what you wanted to pay, don’t sweat it! Remember that this is a home that you will occupy with your family for years to come and if the only thing that’s keeping you from it is 2 grand, then go for it!

If you end up losing your dream home because you wanted to be the better negotiator, then you could end up regretting it for years to come.

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A Happy Home And A Good Investment

Living in a home that is both a good investment and the home you’ve always dreamed of is the ultimate goal for just about every homeowner. If your home is an older home then you probably have to work a bit harder to keep it maintained as opposed to a newer home. If you’re the kind of person that likes to constantly make improvements to your home to maintain or even increase its value. The good news is that the process of increasing the property value of any home isn’t all that difficult. 

Happy Home = Happy Life

People can sense when other people are happy as well as when they’re not happy. If you’re happy in your living space, it tends to be contagious to people that visit your home. Furnish your home with items that fit your taste and interests and no one else’s. Don’t worry so much about what the latest trends in home design if they really don’t appeal to you. If want to change things up a bit and need some ideas, you may want to consult with an interior designer that can work with you on making a few changes that will not only make you happy but also your guests.

 You can also get help from a real estate agent. Experienced realtors can be very helpful when it comes to making recommendations that will add true value to your home. Even if you feel that you will never sell your house, sometimes things change that are beyond your control and if your house’s design is appealing to both you and everyone else, it will be much easier to sell for the highest price.

Use Quality Materials Or Nothing

Whether your home needs a quick facelift or major surgery it’s important that you use quality materials. This is not only about you being happy while you live there but you should also consider that every penny you spend on your home should be an investment. You should make an effort to use designs and materials that increase your home’s value and ensure that your choices will last for generations to come.

Don’t Forget The Exterior
Creating a consistent look between the exterior and the interior of a home is a must. Having a nice front and backyard really enhances the overall feeling of a home and your guests will notice right away. Consider planting a few flowers near the front entrance for a splash of color.

Get Ideas From The Internet

If you don’t really trust your sense of style and you don’t want to spend money on a professional designer then Google it! The internet can be helpful in many ways to a homeowner searching for ideas. You can view countless images of every home design known to man to see what appeals to you and your sense of style.

 Once you have some ideas about how you would like to decorate your home, you don’t even need to leave your chair for the next step. You can do most or even all of your home furnishings shopping online. Great deals are available from private sellers as well as sites like Amazon, eBay, etc. at a fraction of the cost of the major retailers.

 Finding the right design and decor for your property shouldn’t be frustrating or difficult. It should be fun! Especially if you’re creating the look you’ve always dreamed of. If you enjoy the process, it will be easy and rewarding when you’re done. If you need help or ideas on making your home a happy one, call me. I’m here to help!

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