MARS Mortgage Assistance Relief Services Disclosure

Homeowners who are facing foreclosures are willing to do and listen to any company that will say we can help you stop foreclosure, modify your home and/or conduct the Short Sale. There are many schemes out there, where some individuals and companies are taking advantage of distressed homeowners and are not performing the acts that they promised.

Recently, the Federal Trade Commission (FTC) issued a Rule to fix the unfair and deceptive practices associated with mortgage assistance relief services - Mortgage Assistance Relief Services (MARS) Rule. Here some points from this rule:

1. It's illegal to charge upfront fees. The service must be performed first and the homeowner must agree to the offer from the bank.

2. Clear and prominent disclosure of information before signing people up for services is mandatory (i.e., total cost, stopping of services at any time, that the company is associated with the government, etc.).

3. Cannot advise either to pay or not to pay the mortgage. The homeowners must be told that failure to make mortgage payments may result in losing the house and damage to their credit.

4. It is illegal to advise homeowners to stop communicating with their lenders and services.

5. No misrepresentation of services is allowed. Under this Rule, it is prohibited to make claims that are false or misleading.

6. Must disclose to customers if they receive an offer of mortgage relief from a lender or service. The companies or individuals are required to provide written notice to customers from the lender or service describing all the facts. It’s important to note that the customer must be advised that if they do not like the offer from the service or lender, they can reject it and will not have to pay for the services.

This rule applies to any company and or individuals who offer mortgage assistance relief services (Short Sales, Loan Modification, etc). If you have any questions in regards to this Rule or need to Short Sale your house, please call me at 562-334-7393.

Ihor Pochay
BROKER / Short Sale & REO Specialist
Team Pochay Realty
Cell: (562)334-7393
ihorpochay@hotmail.com
www.TeamPochayRealty.com
www.shortsaleyourhome.blogspot.com
DRE# 01772584

New Guidance for Short Sales

Beginning April 5, 2010 the lenders (who participate in Home Affordable Modification Program "HAMP") will have new guidance for conducting Short Sales and Deed-In-Lieu. The new guidance is part of the Home Affordable Foreclosure Alternatives Program (HAFA). Under this program the lenders:

1) Will not be able to require a cash contribution or promissory note from borrower;
2) Will no be able to pursue a deficiency judgment against the borrower;
3) Will use the borrower's financial and hardship information, collected in conjunction with HAMP program (the borrower will not have to resubmit these items);
4) Will send to the borrowers the pre-approval of short sale terms before the property is listed;
5) Will not be able to cut the REALTORS commission;
6) Will use standard processes, documents and timeframes;
7) Will provide financial incentives to borrowers, investors and services.

In order for the loan to qualify to the HAFA program, it needs to meet the following criteria:
- The property must be the borrower's principal residence;
- The loan must be the first lien mortgage, and must be originated on or before 01/01/2009;
- The current unpaid principle balance should be no more than $729,750;
- The total monthly mortgage payment should exceed 31% of the borrower's gross income;
- Mortgage is delinquent or it can be foreseeable.

As always, if you have any questions regarding this posting or other Short Sale/Real Estate topics, please feel free to call me or write me a quick e-mail.

Ihor Pochay
Realtor / Short Sale & REO Specialist
Tarbell, Realtors
Cell: (562) 334-7393
Off: (909) 364-9005 Ext. 471
Fax: (909) 364-9262
ihorpochay@tarbell.com
http://www.myrealtorihor.com/
www.shortsaleyourhome.blogspot.com/
Twitter: @ihorpochay

Ten Reasons to Purchase a Short Sale Property

I’ve put together a list of 10 reasons why Buyers should consider purchasing a Short Sale home in today's market:

1). Great Value: Short Sale properties offer Buyers great prices. On average, these properties are 5%-15% below the market price!
2). Wider Selection: Most of the properties on the market today are Short Sales (65%-80%). In some areas, the percentage is even up to 90%. If Buyers consider Short Sale properties in the current market, they'll actually increase the chance to find the property that will match their needs.
3). Good Condition: The properties sold in Short Sale transactions will be in much better condition than the ones that are sold as REO (real estate sold by banks).
4). Credit of $8,000: If the Buyer purchase a Short Sale home before the end of November 2009, they will receive an $8,000 credit from the government!
5). Tax Relief: Buyers will also be able to deduct all interest, taxes and points from their taxes.
6). Pride of Home Ownership: No further explanation.
7). Reduce REO Inventory: Buyers purchasing Short Sale properties are in fact helping Sellers avoid foreclosure.
8). Negotiations: Buyers will have the ability to negotiate closing fees, home warranty fees and credits for repairs, etc.
9). Quicker Bank Approvals: The time to obtain Short Sale approval has been shortening. Some banks are able to approve Short Sale Approval Letters within 30 days.
10). Advantageous Edge: Banks are very motivated and willing to work with Buyers in order to avoid another foreclosure.

If you have any questions in regards to Short Sale transactions, I can be reached at (562)334-7393.

Ihor Pochay
Realtor / Short Sale Specialist
Tarbell, Realtors
Cell: (562)334-7393
Off: (909) 364-9005 Ext. 471
Fax: (909) 364-9262
ihorpochay@tarbell.com
http://www.myrealtorihor.com/
http://www.shortsaleyourhome.blogspot.com/
Twitter: @ihorpochay

SHORT SALE PROPERTIES ARE ON THE RISE

There are more and more Short Sale properties on the market these days. In my market area (Chino Hills, Chino, Phillips Ranch, Diamond Bar) it is about 50% of all the sales. The inventory of the listings is very short. The banks are not releasing the REO properties (shadow inventory), and the government's incentive of $8,000 tax credit for first time home buyers creates a huge demand for properties including short sales.

Recently, I've listed short sale properties on the market and within a few days attracted more than 20 offers from home buyers. The homeowners who listed their properties as short sales are now seeing an opportunity to sell their homes at the current market price, and in some cases even above the market price.

On the other side, the U.S. Department of Treasury will provide a $1,000 incentive to a loan servicing company for every successful Short Sale. It will also offer $1,500 to a borrower to assist with relocation expenses. Also, many REALTORS are encouraged to do Short Sales knowing that the commission will not be reduced if the investor is Fannie Mae. So many factors lead to the increase of the Short Sale transactions in 2009. That will help the Lenders minimize their loss and also will help the borrowers to move on with their lives without going into Foreclosure.

Ihor Pochay
REALTOR / SHORT SALE & REO SPECIALIST
Tarbell, Realtors
Cell: (562)334-7393
Off: (909)629-6186 Ext. 339
Fax: (909)629-6710
ihorpochay@tarbell.com
www.MyRealtorIhor.com
www.shortsaleyourhome.blogspot.com

Who Pays The Commission In A Short Sale Transaction?

Many homeowners do not want to Short Sale their homes simply because they think that they will have to pay commission to REALTORS. That is not true. In all cases, when there is a Short Sale transaction, the Lien Holder (Bank) will pay all the commission and all the expenses (taxes, seller’s escrow fees, etc), so homeowners will not have to spend any additional money from their own pockets.

The banks are very particular in regards to how much they will pay to REALTORS for the complete Short Sale transaction. If the Buyers and Sellers are represented by two different REALTORS, the banks usually will pay 5% for them to split. If the Buyers and Seller are represented by one REALTOR – 4% commission is most likely to be approved by the Bank, as they are trying to cut the cost and get as much out of the transaction as possible, and in some cases it is a policy of the Bank.

However, if the investor of the loan is FNMA or Freddie Mac, the REALTORS will be able to receive commission up to 6%. Realtors should ask the sellers to contact their loan service company and find out who is the investor of the loan (most likely the loan will be sold on the Secondry Market to different investors). In many cases it will be FNMA or Freddie Mac as they are the investors for approaximately 60% of all the mortgages in US.

If you have any questions in regards to the Short Sales or need to conduct one, feel free to call me directly (562) 334-7393.

Ihor Pochay
REALTOR®/SHORT SALE SPECIALIST
Tarbell, Realtors
Cell: (562) 334-7393
Off: (909) 629-6186 Ext.339
Fax: (909) 629-6710
ihorpochay@tarbell.com
www.MyRealtorIhor.com
www.shortsaleyourhome.blogspot.com

A National Epidemic of Short Sales

Are you stressed out about mortgage payments? Do you think your only option is a foreclosure? Is a short sale right for you? Millions and millions of homeowners are asking themselves the same questions. It is projected that more than 20,000,000 homeowners will have negative equity in their homes in the very near future. In other words, they will owe more on their homes than the homes are actually worth. More than 2.9 million homes have foreclosed in the last three years and the number is only expected to grow. Expect the effects of the estate recession to ripple for years to come.

What can you do now?

There is expected to be massive tsunami of homeowners who are simply making the decision to sell their homes through a short sale vs. staying in a home, hoping that one day it may be worth what they paid.

No one is safe. News stories from across the country tell the tales of both celebrities and average Americans who are all considering selling their homes through a short sale.

Selling your home through a short sale doesn’t need to be shameful, life-ruining experience. Sometimes short selling your mortgage simply makes smart economic sense, especially for homeowners who find themselves "upside down" — that is, they owe more on their mortgage than their house is worth.

To find out if you qualify to sell your home in a Short Sale transaction, call me today at (562) 334-7393.

Ihor Pochay
REALTOR / SHORT SALE SPECIALIST
Tarbell, Realtors
Cell: (562) 334-7393
Off: (909) 629-6186 Ext. 339
Fax: (909) 629-6710
ihorpochay@tarbell.com
www.MyRealtorIhor.com