Lenders Forcing Homeowners to purposely default on Orlando Real Estate

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

Orlando short sale expert

Let's Keep In Touch!

New ORC Form Lead

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
TOC*

Orlando Short Sale Guide part-2 of 2

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]

If you want some helpful tips on finding the best realtor for you check out my article “9 critical questions you must ask an Orlando Realtor Before Listing your home”

Putting together the Short Sale Package

One of the biggest complaints that I’ve heard from short sale negotiators over the years is that realtors fail to submit complete short 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.

Jenny Zamora, Lic. RE Broker

Orlando short sale expert

Let's Keep In Touch!

New ORC Form Lead

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
TOC*

Orlando Short Sale Guide part-1 of 2

 

What are Orlando Short Sales sales all about?

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 Orlando foreclosure 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.

 

Sell A house in Orlando

Let's Keep In Touch!

New ORC Form Lead

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
TOC*

Orlando Real Estate hits No. 1 in the U.S. for online searches

The internet is a great way to search for Orlando Realty

 

According to several research groups, Orlando was the #1 city for online home searches for the second quarter in a row. Potential Orlando home buyers are scouring the internet looking for their own little piece of Orlando Real Estate. “The City Beautiful” is a place that is extremely desirable for young families because of the abundance of family-friendly activities, amusement parks and beautifully planned neighborhoods.

Orlando is also home to some of the top schools in the state. When you put all of these factors together, Orlando is the perfect place to raise a family and it doesn’t surprise me at all that it’s one of the most sought after places to live in America.

Orlando Realty Consultants enables you to search for Orlando property quickly and easily like a pro

 

It’s never been easier for potential home buyers to  search for Orlando Realty online. By using state of the art property search tools, people are able to quickly and easily search the entire state of Florida for their perfect home. As a matter of fact, many of my potential home buyers already have a list of Orlando properties that they are interested in because they used our Florida property search tool located on our ORC website.

 

I think that people really appreciate the property search tool because the are able to search for their potential Orlando property at their own pace for free without ever having to contact an Orlando realtor or complete some online registration form that is designed to capture your contact information. Of course, once they find a few properties that they like, they will need a licensed Orlando real estate agent to physically see the properties, but by using the property search tool it saves the potential buyer as well as the real estate agent a lot of time.

 

Jenny Zamora, Lic RE Broker

 

Orlando Real Estate Broker

Let's Keep In Touch!

New ORC Form Lead

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
TOC*

3 Best Tips to Selling your Orlando Home Fast with Little or no Money

When it comes to Selling Orlando Real Estate, there’s only one chance to Sweep potential buyers Off their Feet.

Top Orlando realtors know the importance of staging a house to get it sold. The truth is, with the exception of owner occupied homes that are furnished because the homeowners still live their, hardly any one wants to spend the money to have their house staged for showings. Even the houses that are owner occupied and fully furnished can work against you. Let’s face it, not everyone has the best taste to pick out furniture or decorating a home to look it’s very best.

I’ve entered many owner occupied Orlando homes and have been forced to have that ever so awkward conversation with the seller about removing some of their personal belongings, de-clutter and sometimes about just basic cleaning.

Have you  ever had to tell a cat lover that they need to get the cat smell out of their house, or even better, relocate the cat so we can get the property sold? Not funnest part of my job!

As an Orlando Listing Agent it’s my job to do my very best at getting my clients Orlando Property sold, and sometimes sellers will get their feelings hurt. Usually, once I explain to the seller why we need to do certain things to their home sold for the highest price possible, they understand that ultimately it’s for their own good.

I also make them understand that as a Top Orlando Broker, people seek me out for quality Orlando properties and it’s my responsibility to show everyone of my listings in the best light possible.

Top Tips on making your Orlando Property look it’s best with little or no money

1-Cleaning and De-Cluttering– If you could only do one single thing to a house to make it look better, it would be to clean it and get rid of  the clutter. Most potential buyers don’t have the imagination to see anything except what you are showing them. So in other words the perception is the reality. Start by removing everything that you possibly can into the garage or out front. If possible, remove any large pieces of furniture that can make a room feel small and uncomfortable. Also, you should remove as many personal items as possible and put them in storage. Next,… clean, clean and clean more. Make every surface of your house as clean as possible, I prefer the term “sparkle”.

Warning: Once you clean and De-Clutter your home like never before, you run the risk of falling in love with it all over again and not  wanting to move anymore.

2-Lighting–  To show a house in it’s best light possible, you start with light and lots of it. There’s nothing worse than showing a house that looks dim and dark when you first walk in [that’s what they’ll remember]. Ample illumination can make a home feel warm, inviting and even larger and open. Lightening and brightening a home can offer one of the biggest returns to sellers at resale next to Cleaning, De-cluttering and paint. To make sure you get maximum benefit from your lighting efforts here are a few suggestions

      a. Use clear light bulbs instead of opaque for a cleaner look- Get rid of any mismatched bulbs, they are an eye sore and can make a room feel  chaotic. Also, avoid using those energy efficient bulbs that emit a harsh glare, instead use standard incandescent bulbs for a warm soft white light that.
 
      b. Clean or Update old lighting fixtures- If it’s not in your budget to update old light fixtures, then clean them. It’s a huge turn off to a potential buyer to look up at light fixture and see dust, spider webs and dead insects. I know it’s a pain to get the ladder out if the garage and clean fixtures that haven’t been cleaned in quite a while, but well worth your time and effort.
 
     c. Take advantage of window lighting- Start from the outside in, clean the glass and the screens. If the screens look really bad, get rid of them.  Old screens can make a window look awful and I’ve never seen a deal fall through because of a  house not having screens on the windows. On the inside get rid of any curtains or other window dressings that can be keeping the light from getting into the house.

3-Fresh Paint- If you were able to complete my first 2 suggestions, then you are off to a great start and many times you don’t need this final step. However, if you have chipped, scratched and missing paint on some of your walls, or if the colors you have on your walls now are very personal to you then you should definitely consider painting. Some people will see a color on the walls that they don’t care for and for that reason alone not like the house and not make an offer. If your house is extremely colorful to the point where it might turn some potential buyers off my suggestion is to paint all the interior walls off white. You can’t go wrong with off white; it’s bright, soft and elegant all rolled in to one. My husband is an experienced Orlando Real Estate Investor/Re-habber and he paints everyone of his Orlando properties “off white” with the trim “bright white”. You really can’t go wrong with this combination. It makes the house look clean, spacious and elegant. Also, these colors are very easy to paint over for new homeowners wanting a more dramatic look.

 

I hope this information was helpful to anyone looking to  sell their Orlando property. If you would like to see how much your house would sell for in today’s market, even if you have no intention of selling. Feel free to come see us for a Free Consultation or call 407-902-7750

 

Jenny Zamora, Lic Florida RE Broker

 

Sell A house in Orlando

Let's Keep In Touch!

New ORC Form Lead

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
TOC*