Reasons To Attend Your Own Home Inspection, by Steph Nobel


As a home buyer , you can get a feel for whether a home’s systems and appliances are in working order. However, you can’t know for certain until after the home’s been inspected.

This is why real estate agents recommend that buyers hire a licensed home inspectors immediately after going into contract. It’s the best way to really know the home which you’re buying.

By definition, a home inspection is a top-to-bottom check-up of a home’s physical condition and systems, including a review of the structure, and its plumbing and electrical systems. Home inspections are not the same as a home appraisal, which is a valuation of the property.

When you commission a home inspection, you should be present for it. Here are 3 reasons why :

Seeing For Yourself  There’s a big difference between reading a report and seeing “live” what may be right or wrong with a home. With first-hand knowledge of a potential issue, you’ll be in a better position to determine whether a problem warrants contract cancellation, or whether it’s an additional negotiation point.

Discovering The Home Via a home inspection, you will learn where the systems reside within a home (e.g.; boiler room, garage), and how to operate them. This is a valuable educational opportunity and most inspectors are happy to share what they know. It’s also a chance to ask questions about maintenance and upkeep.

Better Understanding A home inspector’s job is to review and disclose the condition of the home. The inspector’s report, however, is just a summary on paper. In being present for the inspection, a buyer will be able to visualize and understand the report’s conclusions more clearly. This can make for more effective re-negotiations with the seller, in the event that damage or distress is identified.

So, what should you do during the home inspection? Your primary tasks are to watch, listen, learn and ask questions. A professional home inspector will welcome your participation in the process.

FHA Eases Requirements for Condo Certification, from Melissa Stashin, Pacific Residential Mortgage


HUD announced in a recent Mortgagee Letter that temporary provisions have been made to the condominium project approval guidelines. These new provisions took affect September 13, 2012 and will stay in place through August 31, 2014.

Changes include:
-Relaxed HOA certification forms,
-Allowance for mixed-use developments,
-Updates to the definition of “Under Construction”,
-Developers/Investors may own up to 50% of the total units at the time of approval.

This ease in condo certification means more borrowers can purchase condos using low-down FHA financing. Call me today to learn more about how you can take advantage of these changes.

Share the benefits of FHA with your clients today!

For more information on FHA changes to condo lending, check out these sources:
FHA eases restrictions on condo lendingChicago Tribune
Real estate industry welcomes changes to FHA condo rules – Inman News

PRM, Your Solution Based Lender

MARKET COMMENT

Mortgage bond prices finished the week higher which pushed rates lower. Rates were lower throughout most of the week as the majority of economic data releases showed continued economic weakness. The weaker than expected New York Fed’s Empire Manufacturing Report started rates moving lower. This was followed by weaker than expected housing starts, higher than expected weekly jobless claims, and weaker than expected Leading Economic Indicators data. Existing home sales did surprise to the upside but did not move the market much. Mortgage interest rates finished the week better by about 1/2 of a discount point.

 

MELISSA STASHIN
MLO – 40033

4949 Meadows Road
Suite 150
Lake Oswego, OR 97035
melissa.stashin@pacresmortgage.com
(503) 699-5626

MultnomahForeclosures.com Updated with New Notice of Default Lists



Visit MultnomahForeclosures.com for the notice of default lists (Homes in Foreclosure) for Multnomah County and other Oregon counties.

Multnomah Country Foreclosures
http://multnomahforeclosures.com

Fred Stewart
Stewart Group Realty Inc.
info@sgrealtyinc.com
http://www.sgrealty.net

Top court ruling leaves Oregon’s residential real estate market in limbo, by Thomas Hillier, Davis, Tremain Wright,


In a ruling the Oregon Supreme Court will soon review, the Oregon Court of Appeals on July 18 issued a major decision.The case, Niday v. Mortgage Electronic Registration Systems Inc., et al, held that MERS, when acting as a nominee for a named lender, is not a beneficiary under Oregon law. The practical effect of the holding is that any trust deed naming MERS the beneficiary may not be foreclosed in the name of MERS by the more expedient nonjudicial method.

 

A little context is in order.

In 1959, to remain competitive for loan dollars, Oregon adopted the Oregon Trust Deed Act to establish trust deeds as a real estate security instrument. For lenders needing to foreclose, the act created a summary, nonjudicial procedure that bypassed the courts and allowed no redemption rights for borrowers. Foreclosure previously was a judicial process taking two years or more to complete; now it could be done in six months with the summary procedure.

Lenders were happy because the time to liquidate a non-performing loan was substantially reduced. Borrowers benefited because there was no right to a deficiency if the debt exceeded the value of the property and borrowers could cure defaults during the foreclosure process by paying only the amount in arrears rather than the full loan balance.

Trust deeds quickly became the favored real estate security instrument.

In 1993, in part to respond to a growing practice wherein lenders were bundling loans secured by trust deeds and selling them in secondary markets, a group of mortgage industry participants formed MERS and the MERS system.

Anytime a loan is sold from one member of the MERS system to another, the sale is tracked using the MERS system. MERS, the named beneficiary as nominee for the original lender and its assigns, remains the beneficiary as the loan is sold and becomes an agent of the new note owner. With no change to the named beneficiary, there is nothing to publicly record, an administrative convenience accomplishing a central purpose of MERS.

As MERS grew in acceptance, so did its popularity. Nationwide, there are more than 3,000 lender members of MERS that account for approximately 60 percent of all real estate secured loans nationwide.

The onslaught of the Great Recession resulted in a tremendous spike in foreclosure activity. To defend foreclosure proceedings, borrowers challenged the authority of MERS, in its own name, to foreclose non-judicially.

Because the trust deed is a creature of statute, the statutory elements allowing a nonjudicial foreclosure must be followed strictly. One such element is the requirement that the name of the beneficiary and any assignee be in the public record. Niday argued that the lender, not MERS, was the beneficiary. MERS countered that it was the named beneficiary in the trust deed and had the contractual right to foreclose as nominee of the lender and its assigns.

The court sided with Niday, holding that MERS is not a “beneficiary” as defined by the act. The court wrote that the beneficiary is “the person to whom the underlying, secured obligation is owed.” It reasoned that because the lender is owed the money, that party is the beneficiary. Only the person to whom the obligation is owed and whose interest is of record may legally prosecute a nonjudicial foreclosure.

What does all of this mean? Maybe nothing if the Supreme Court finds that the Court of Appeals defined “beneficiary” too narrowly.

Short of that, many issues arise. What is the effect on completed nonjudicial foreclosures of MERS trust deeds? Such sales may be void, in which case the ownership and right to possession of thousands of foreclosed properties fall into legal limbo. Perhaps the sales are only voidable, requiring a lawsuit by the borrower within a limited time to challenge the foreclosure sale.

Titles may now be in doubt for people who bought properties either at a foreclosure sale or further along the line. Also, no market may exist for these properties if title insurers choose not to insure titles until there is some clarity.

Going forward, will MERS lenders do business in Oregon? And if so, at what cost? Loans may be more expensive to administer because they either require that all assignments be documented and recorded or foreclosure via the more expensive judicial method. As such, loans in Oregon could demand higher interest rates.

Courts will see a sharp increase in the number of judicial foreclosure filings; it’s happening in Multnomah County already. An already overcrowded judicial system will gain additional burdens.

The Legislature could step in to fix the issue by clarifying the definition of “beneficiary” to include a nominee of the lender, such as MERS. But is there political will to legislate a solution that, on the surface, seems to benefit lenders?

A practice that for many years roamed freely under the radar has suddenly exploded to the surface, leaving the mortgage industry in limbo. Quick answers to the numerous issues now pending are imperative to restore certainty to real estate markets.

When a quality check can ruin a short sale, by Chris Diaz, The Orange County Register


Chris Diaz is the founder of Charis Financial, Inc. He has over 15 years experience in helping homeowners with their mortgages and has closed hundreds of short sales over the last 4 years. His website is http://www.charisfinancialinc.com. Send questions to moneymatters@ocregister.com; reference ³Short Sales² in the subject line. 
I was recently approved for a short sale by (my bank).  The loan was in escrow and ready to close within a few days.  I then got a letter from (the bank) denying my short sale due to “quality review”.  My approval letter wasn’t set to expire for another two weeks and nobody in (the bank) could give me a valid reason as to why I received this denial.  Have you seen this scenario before and do you have any suggestions for me as I really don’t want to lose my home to foreclosure?

Yes, the out of the blue “QA Review” denial.  This one is a difficult one because of the lack of explanation from your bank.  It’s difficult to accept that one can have an approval in hand, with an expiration date that hasn’t yet expired, and still get a denial for a reason that is unexplained.  However, this is a reality and it does happen, albeit somewhat infrequently.

Even though your lender has accepted responsibility for their part in one of the largest instances of mortgage fraud on record with the robo-signing incident, they have a QA team that dedicates a great deal of time and effort in making sure that their company is free from other purveyors of fraud.  As well they should because there are lots of unscrupulous people trying to steal a buck instead of earn one.

One recent incident, in which a bank was victimized, was where short sale negotiators were doctoring up fake approval letters along with a fake bank account to have funds wired to, and stealing money that way.  The FBI said that three California men probably netted $10 million doing that.

Here are two of the main reasons that we’ve been told as to why a QA department would deny your file and what you can do to reverse or overturn the decision:

1. Buyer information is incorrect. Sometimes QA will deny a deal if the buyer’s preapproval has inaccuracies like the wrong NMLS number, broker number, or property address.  This can also happen if the buyer’s “proof of funds” is determined to be fraudulent or doctored in any way.  We have also seen it happen where the buyer is getting a loan but has enough money in the bank to pay for a property in cash.  Even though they could’ve bought the house in cash, because there was no preapproval letter for a loan, QA denied the short sale until we provided that letter.  This has happened even if we weren’t specifically asked for the letter.

2. The Equator account being used to process the short sale has been flagged. Some banks use an automated processing system called Equator to handle their short sales.  Equator centralizes all communication for all files that a real estate licensee is working on with them.  Sometimes, a licensee can involve themselves in schemes like I described above, or can just be guilty of shoddy work and upload documents from files incorrectly.  If the QA team catches either of these two things they may flag that file or all of the files of that particular agent.  Once that happens they would contact the agent for an explanation.  However, if they feel that there are deliberate inaccuracies in the file an agent can be suspended from doing any further deals with that bank.  If that happened your deal could be denied even if there was nothing fraudulent done on yours.

If a QA team has denied your short sale, have your agent address these two situations first as they are the most common.  So long as you’re dealing with someone who is ethical, there is probably just a minor oversight of buyer info that the bank needs to have satisfied.  Have your agent submit the complete buyer info first and then call to have the decision reversed.

Fannie Mae and Freddie Mac Serious Delinquency rates declined in May, by Calculatedriskblog.com


Fannie Mae reported that the Single-Family Serious Delinquency rate declined in May to 3.57% from 3.63% April. The serious delinquency rate is down from 4.14% in May last year, and this is the lowest level since April 2009.

The Fannie Mae serious delinquency rate peaked in February 2010 at 5.59%.

Freddie Mac reported that the Single-Family serious delinquency rate declined slightly in May to 3.50%, from 3.51% in April. Freddie’s rate is only down from 3.53% in May 2011. Freddie’s serious delinquency rate peaked in February 2010 at 4.20%.

To Read the rest of this article go to calculatedriskblog.com

Greece and Fed Reserve just handed U.S. housing market a gift


The recent elections in Greece and comments by the Federal Reserve have given our housing market a gift, at least temporarily.  Watch today’s video to find out what happened and how you can benefit from this!

Some things are more important than your mortgage rate – Seriously!


If you are shopping for a home loan, you MUST know the right way to compare lenders, and how to choose the best rate/fee structure for your needs.  In some cases, the lowest mortgage rate isn’t always the best choice … watch today’s video to find out why!

The Greek Impact on U.S. Housing Market


BIG NEWS coming out of Greece this weekend, as its citizens vote on whether to exit the European Union. The outcome could have a major impact on U.S. borrowing rates for mortgages and other credit. Watch this video for details!

Repairs can affect your home purchase and mortgage loan!


When you buy a home, and repairs are needed, it’s important to make sure your Sales Agreement is written the right way. Here’s a few tips on what your mortgage lender will expect, and how to make your home loan process go smoother!

Top 10 Reasons to Buy a Home right now!


This is one of the most pivotal times in our history, and a major opportunity for home-buying. Watch this video as I give you the top reasons for you to get into the marketplace … whether this is your first purchase, or 35th!

FHA streamline refinance mortgage insurance drops dramatically!


FHA finally did something right … they are reducing the mortgage-insurance cost for borrowers who qualify for a streamline refinance. If you or someone you know currently has an FHA loan in the mid 4’s or higher, have them contact me now!

Not locking your Home Loan can cost you Thousands!


When mortgage rates drop, many people make the mistake of taking too long to “shop around”, or waiting to lock a rate. If the market shifts quickly, a delay can cost you thousands. Watch today’s video to find out why!

Market action causes lowest mortgage rates in history!


Unemployment numbers and issues in Europe this week have just caused U.S. mortgage rates to drop again to the lowest level in history. Even if you bought a home or refinanced in past two years, this is a big enough drop to warrant doing it again!

Why you should prioritize Housing over Stock Market


Did you know that the return-on-investment in housing can crush what you can expect to earn in the stock market? It doesn’t take a rocket scientist to figure this out. Watch today’s video for details. Mortgage rates holding at 60yr record lows!