“The City Beautiful” a great place to invest in real estate
Orlando is undoubtedly one of the most frequently visited places in the United States. The demand for real estate in Orlando is constantly on the rise. In fact, in recent times Orlando has witnessed an immense growth in the world of real estate. Moreover, the instability of the stock markets has made people turn to real estates for investment as well as a mode of income.
Though Orlando real estate provides a vast avenue for fruitful investment opportunities, Orlando foreclosures have also been on the rise. You’ve got to keep in mind the mortgage refinance rates as well when considering going for real estate investment.
However, in spite of everything else it remains a fact that Orlando isn’t known as ‘The City Beautiful’ not for nothing. Read along to find out the reasons why you should invest in Orlando realty.
1. Orlando’s scenic beauty – It’s a known fact that Orlando is a place that boasts of breathtaking sceneries, natural beauty, lush green surroundings, and blue lakes. This opportunity of nestling into the depths of such natural beauty is a major temptation.
2. Conducive climate conditions – Orlando is a place known for its warm and humid subtropical climate. This is a huge factor behind the real estate boom. If you’re coming from up north, then this is a major reason why you’d want to consider buying a home here in Orlando. Its weather will provide a welcome change for you.
3. Housing inventory provides you with more choices – There’s been a steady increase in the real estate housing inventory as well. As a potential investor, you’d find the luxury villas and condos as interesting real estate developments that provide attractive investment opportunities.
4. High demand for luxury homes – Real estate has seen a rise in demand with more and more luxury homes in Orlando being constructed. These are rented out as long-term or short-term vacation properties. Since tourism is high in this area, hence these luxury homes actually render a profitable option for the investors. Due to the rising demand for vacation homes, many investors are keen to buy them. Then they lease this property out to the tourists for a certain span of time.
5. Orlando has some major tourist attractions – SeaWorld, Walt Disney World and Universal Studios are some major tourist attractions. These attractions contribute to the curent real estate boom big time. Proximity of a property to these tourist attraction spots also add to the investment value of it.
6. New constructions are on the rise– There’s been a spurt in the growth of apartment complexes and condominiums. Moreover, resort properties are being renovated and fitted with extra amenities. These provide you with an added incentive for you to invest in property out here.
As a home buyer you have a lot of reasons to actually invest in Orlando real estate. With the help of our website you can Search Orlando properties like a pro in the comfort of your own home. Within seconds you’ll have a list of great Orlando properties for sale complete with listing price, photos and every other detail you want to know about the property.
By now just about everyone living in Orlando has heard of terms such as “short sale” , “deed in lieu”, loan modification, etc. It’s important to know exactly what the difference is between these terms are and what the implications are. For example; many homeowners believe that a deed in lieu is the same as doing a short sale. This couldn’t be further than the truth. A deed in lieu is simply put is a foreclosure with a smile on it’s face or a “voluntary foreclosure”.
An overlooked downside to a deed in lieu of foreclosure is the possible forgiveness of the deficiency balance. Under federal law, a creditor is required to file a 1099C whenever it forgives a loan balance greater than $600. This may create a tax liability for the former property owner because it is considered “income.” However, the Mortgage Forgiveness Debt Relief Act of 2007 provides tax relief for some loans forgiven in 2007 through 2012.
The key issue in a deed in lieu of foreclosure is whether the lender is willing to forgive the deficiency balance. Make sure to read the contract carefully to see how the deficiency balance issue is handled. If the document is unclear, take it to an experienced Orlando real estate attorney with experience in property law. An attorney’s time is not cheap, but will be a bargain compared to signing an agreement you do not understand and are surprised later to realize its implications.
Consider Doing an Orlando Short Sale Instead of a deed in lieu
I’ve had a countless number of Orlando homeowners over the years come into my office asking me to explain the difference between a deed in lieu and a short sale. By doing an Orlando short sale the lender agrees to accept less than the balance owed on the mortgage at sale. The deficiency balance may be forgiven and you also may qualify for a “Cash for Keys” program which means that by doing a short sale, your lender may give you a cash incentive [between 3- 30 thousand dollars] . On the other hand a deed in lieu of foreclosure is basically a voluntary foreclosure n which you sign the deed over to the lender and walk away. However, a foreclosure, unlike a deed in lieu of foreclosure, the ownership of the property is not transferred to the mortgage holder, and remains with the owner.
The lesson here is if you are considering either a deed in lieu of foreclosure or a short sale you must review the terms and conditions carefully and make certain you understand whether the deficiency balance is forgiven. This is why it’s absolutely crucial to consult with an Orlando Real Estate expertwhen making such an important decision.
Lenders prefer short sales over taking a property to foreclosure because they don’t want to own distressed properties. They would much rather see the owner sell the property and lose the deficiency balance than be forced to take the property through foreclosure, as foreclosure is a costly and time-consuming process.
Another reason to consider a Orlando short sale over a foreclosure is that Foreclosure auctions tend to bring significantly less money than a normal sale would bring. If the sale brings less than the amount owed on the loan, the remaining balance of the loan is called a deficiency balance. This means that you could end up with a deficiency judgment against you for the balance.
If you still have questions about Orlando short sales, come see us for a free consultation. We’ve been specializing in Florida short sales and our team of Certified Distressed Property Experts are up to date on the latest laws and regulations when it comes to Orlando real estate ensuring that our clients get the best options available to them.
Financial Hardship is not the only reason why Orlando homeowners are not paying their mortgage
Strategic Default is when a homeowner decides to stop paying their mortgage, not necessarily because they can’t afford it, but because it’s a bad investment not worth paying into anymore. Even if the consequence means to possibly lose their house to foreclosure and damage their credit.
Orlando homeowners have been purposely defaulting on their mortgages for several years now. When people become aware of the reality of their situation, they make a conscious decision to stop paying their mortgage. In most cases, I can’t say that I blame them. Don’t get me wrong, I would never tell a client to stop paying on their mortgage. However, I do tell my clients what their house will sell for and about how long it will take to sell and they do the rest of the math on their own. Although Orlando real estate is making a steady recovery and I believe will continue to do so. There are Orlando homeowners that will never get the money back that they’ve put into their property.
Strategic default Vs. Moral Obligation
Some Orlando homeowners are worried about their moral obligation to pay the mortgage. The truth is that the homeowner entered into an arms-length transaction with their lender in which both parties had competing interests thus spelling out their obligations in a clear, signed contract. Unless the contract states that the homeowner has a “moral obligation to pay,” then it’s plain and simple – they don’t. Here are the facts; when a homeowner borrows the money to buy an Orlando property, they have entered into a business transaction. The lender evaluated the risks and concluded that it was a risk worth taking. For its protection, the lender also required that the homeowner put the property up as collateral, as well as any equity that they had in the house. The contract spelled out that if the homeowner doesn’t pay, the lender has the right to take the property and sell it before the homeowner gets any equity back – if there were any equity left, which of course in these cases, there isn’t. The lender would not have approved the loan if they didn’t think it was a smart business decision. The homeowners choice to enter into this agreement was also a business decision. It’s now obvious, that both the homeowner as well as the lender made a bad decision. Now, the contract spells out what happens if the homeowner stops paying, the lender gets the property.
However, there are other options available to homeowners like doing an Orlando short sale or a loan modification. In my opinion, most loan modifications that get approved just don’t make financial sense unless they reduce the principle balance of the loan.
Strategic default is actually something that is caused by the lenders. The fact is, lenders won’t even consider entertaining a short sale unless a homeowner is behind their mortgage thus forcing the homeowner stop paying the mortgage.
By doing a short sale, the homeowner is able to get their house sold and walk away from the responsibilities of the mortgage. Also, there are now several “cash for keys” programs available where lenders offer substantial cash incentives for doing a short sale, sometimes up to $30,000.00 depending on what kind of loan they have and who the lender is.
Your value as a person is not determined by the value of your real estate, or how much money you owe to a bank. You are worth more as an individual than your bank will ever understand. Life is too short, and there are so many things more important than an underwater mortgage. For many Orlando homeowners, it’s literally the difference between happiness and depression.
If you’re in a situation where you need to do an Orlando short sale on your house go speak with an Orlando short sale expert and find a solution, you owe it to yourself and your family.
Jenny Zamora, Lic Re Broker/Orlando Short sale Expert
Finding the right Orlando Short Sale Realtor for you
Regular listings and short sale listings are 2 completely different beasts, which is why if you need to short sale your home, you should seek out an “Orlando Short Sale Expert”. This is an agent that specializes in doing only short sales and nothing else. Your short sale realtor should know the Orlando short sale process inside and out. This includes being up-to-date with all of the latest programs and laws that are in place to help homeowners that are going through financial hardship. If you choose the wrong realtor to do your short sale it could end up killing your short sale and put you in worse shape than you started out in.
Doing a short sale can be one of the most important decisions that a homeowner can make in their life and you need to be with an Orlando short sale specialist that understands this and that takes his or her job very seriously. You should also make sure that your short sale agent is a Certified Distressed property expert [CDPE]
One of the biggest complaints that I’ve heard from short sale negotiators over the years is that realtors fail to submit completeshort sale packages to them. This part of the process is extremely important because it can set the tone for the rest of your negotiations with the loss mitigation rep that is handling your file. Here’s a basic list of what most lenders require in order to submit a short sale package.
1-Hardship Letter-[A letter explaining the reason for your financial hardship]
2-Last 2 years’ tax returns
3-Recent pay stubs or profit and loss statement
4-Financial statement-[most lenders have their own that they will require you to fill out, these forms can easily be found online]
5-Listing agreement-[all lenders now require homeowners to have the home listed for 3 months or more]
6-Contract-[this is a contract between seller and potential buyer]
If this package is submitted incomplete or incorrectly, it can make the process a lot slower or stop it all together. A short sale package will not even be considered unless it’s complete to the satisfaction of the lender. Sometimes negotiators will even close the file and make you start from all over again.
I always tell my clients to call the bank themselves so that they know where they are in the process and how things are going. If are currently working with a short sale agent, you should be doing the same thing, call your bank and check on the agent’s work, and don’t just take the realtor’s word for it.
The Brokers Price Opinion [BPO]
After the lender receives the sort sale contract complete with the contract, the bank will then order what’s known as Brokers price opinion or BPO. The person that does the bpo is not an appraiser, but a local realtor. The BPO is crucial in completing a short sale because whatever that number comes in at will be the negotiating point. This will be a back and forth negotiation between the lender and the agent which can sometimes drag on for several months before both parties come to an agreement.
The Terms of the Short Sale
Negotiating what terms the short sale can be completed with is again very important. You need to make absolutely sure that you understand exactly what you are agreeing to. The last thing that you want to have to happen is finding out a year from now that you have a deficiency judgment against you for the balance of the short sale that you did on your home last year. I’ve seen it happen many times over the course of my career as a short sale broker and it’s a shame because usually, all it would’ve taken was for the short sale realtor to go that extra mile and continue negotiating until the lender agrees to not pursue the balance of the loan.
After it’s all said and done there is still another step that is crucial for you to follow up with and that is to make sure that the payoff has been legally recorded. As a matter of fact, you should continue to follow up with the short sale realtor as well as the title company until you have written proof that the payoff was recorded. If your payoff doesn’t get recorded for some reason this could kill your credit score.
The Mortgage Debt Relief Act of 2007
This is the 2007 law that allows taxpayers to exclude from income the amount of debt that is forgiven or canceled by their lender. However, the tax-relief provisions enacted by Congress during the housing crisis to help financially strapped homeowners are about to come to an end at the end of 2012. The good news is that if you’re considering an Orlando Short Sale, there is still time to take advantage of this very important law.
According to the law, borrowed money doesn’t need to be reported as income because you have an obligation to repay. But if your lender subsequently cancels what you owe, the IRS requires that you report that debt as income because the duty to repay it no longer exists. So, if you owe $350,000 and your lender forgives $50,000 of that debt in a $300,000 refinancing, that $50,000 is considered income. If your combined federal and state marginal tax rate is 36 percent, you would owe $18,000 in taxes. Ouch!
Although the law doesn’t officially expire until Dec 31, 2012, anyone considering a short sale should get started now. We’ve had short sale files in our office that have taken up to two years to complete. It’s true that banks are moving Florida short sales along much faster now but overall they still move pretty slow.
Cash Incentives to Sellers for agreeing to a Short Sale
Bank of America, JPMorgan Chase, and Wells Fargo have all been offering cash incentives to their delinquent customers in Florida who agree to a short sale. It’s not unusual for a lender to give a cash bonus to foreclosed customers who leave their properties in good condition, which has become known as “Cash For Keys”. What is different about these new programs at the nation’s top three mortgage lenders is that the amounts are significantly higher, sometimes up to $30,000.00.
Short sales, while still not a particularly short process, are much more efficient and overall more beneficial for everyone involved.
In short sales, homeowners are protected from potential deficiency judgments and severe credit hits, while the banks themselves are able to recoup something, instead of nothing, from defaulted loans. They also save money that would otherwise be spent on the eviction process. It is the smarter business move for sure. Encouraging short sales is also a public relations boom for banks reeling from a recent lack of confidence from consumers. By helping people to avoid foreclosure, they present a more beneficent image. That improves their overall bottom line by bringing in new customers.
It may be smart business to offer a cash incentive for a short sale, but it really does help people, too. Those facing foreclosure frequently don’t know where they are going to live once their home has been taken away. They are often so strapped for money that they cannot afford a typical first-and-last-month’s upfront payment on a rental property. The cash makes a big difference in helping people to land on their feet. Some may even be able to use it as a down payment on a more affordable home.
The government also has a program, the Home Affordable Foreclosure Alternatives (HAFA), that provides cash, up to 3000 dollars, for short sales. To get the government credit, homeowners must meet certain minimum criteria, including that the loan is owned by Freddie Mac or Fannie Mae.
Working as an Orlando short sale specialist for over eight years, I get questions from both clients and realtors about short sales all of the time; How does a short sale work? Do I have to be behind on my mortgage to do a short sale? How will it affect my credit? Will my lender come after me for the balance? Can I get money back even though I’m in foreclosure? What are the tax repercussions?…just to name a few.
This two part post ” Orlando Short Sale Guide” is for people who have unanswered questions about short sales. This week I will talk about every aspect of short sales; what they are, how they work and the do’s and don’ts of whole process. In my next post I will also be talking about probably the single most important part of the whole process and that is finding the right Orlando realtor for you.
I think the best way to start this off, like anything else is by giving you a clear definition of what a short sale is. A short sale is a sale of real estate in which the proceeds from selling the property will fall short of the balance of debts secured by liens against the property and the property owner cannot afford to repay the liens’ full amounts, whereby the lien holders agree to release their lien on the property and accept less than the amount owed on the debt. Any unpaid balance owed to the creditors is known as a deficiency. Short sale agreements do not necessarily release borrowers from their obligations to repay any deficiencies of the loans, unless specifically agreed to between the parties.
An Orlando short sale is most often the best method to Stop Orlandoforeclosure because it mitigates additional fees and costs to both the creditor and borrower. While credit is also typically damaged much less than from a foreclosure, both often result in a negative credit report against the property owner.
Who qualifies for an Orlando Short Sale?
Even though someone can easily prove that their house is worth less than what it owes, most lenders require the mortgage holder to be at least 30 days late on their payment to even consider a short sale. In my opinion, this is a huge flaw in the short sale process and I believe that any property that is worth less than what it owes should qualify as a short sale candidate. Creditors also require the borrower to prove they have an economic or financial hardship preventing them from being able to pay the deficiency.
The Short Sale Process
Creditors holding liens against real estate can include primary mortgages, junior lien holders—such as second mortgages, home equity lines of credit lenders, home owners association HOA—all of whom will need to approve individual applications for a short sale, should they be asked to take less than what is owed.
Some liens such as student loans, back child support and I.R.S. liens cannot be discounted and have to be paid in full in order to get the deal closed. In our office, these liens are sometimes referred to as “Deal Killers”. Most large creditors have special loss mitigation departments that evaluate borrowers’ applications for short sale approval. Often creditors use pre-determined criteria for approving the borrowers and the terms of the sale of the properties. Part of this process typically includes the creditor(s) determining the current market value of the Orlando real estate by obtaining an independent evaluation of the property with an appraisal, a Broker’s Price Opinion or [BPO]. One of the most important aspects for the borrower in this process is putting together a complete short sale package including hardship letter explaining why a short sale is needed on you Orlando property.
Due to the overwhelming number of defaulting borrowers due to mortgage failures and other causes as part of the 2008–2012 global financial crisis, many creditors have become adept at processing such short sales applications; however, it can still take several months or even a year for the process from start to finish, often requiring multiple levels of approval.
Jenny Zamora, Lic RE Broker/ Orlando short sale expert.
