The auction date is scheduled and the homeowner panicked after recieveing 3 separate denials from their lender to modify the loan. The homeowner told me that she’d spent a lot of money, more than $800, for a “law firm’ to work on a modification.

She said she was aware of  law SB94 about NOT paying upfront fees, but her husband had made the decision to do so. It is very unsettling to see this happen to those already under so much stress and confusion about the situation.

If you find yourself in this situation of being denied a modification and needing to choose short sale or foreclosure, here is my advice (having dealt with banks in these situations over the last few years for my clients).

When they tell you you do not qualify for a modification, they actually set up an auction date to sell the property at the court house steps. At this point, a decision between short sale or foreclosure needs to be made. The auction dates can and do get postponed, especially if you list the house for sale, however if you ignore making the choice and there is no headway being made, someone will knock on your door and say they are the new owner.

I’ve witnessed this last year with an elderly lady that did not believe she deserved to have her house taken and was planning to keep it, however she had an upcoming sale date. About a week after I talked to her, she called me crying that the house was being sold that morning. At that point, although I made calls and inquired about stopping the sale, her choice between short sale or foreclosure was simply too late! The house was sold and by noon, the new owner knocked on her door to let her know he was the new owner.

Some people expect they will get a notice from the bank about the sale date. What they may not understand…a notice was given and in some cases maybe 12-months prior when the payments were no longer being made by the borrower. It is called an NOD (Notice of Default).

Once that notice is delivered, regardless if 12-months, 24- months later,  and a homeowner has been able to slide under the radar without making payments, the house can be auctioned out from under the current owner. At that point, the homeowner is basically ejected from the home.

Difficult choices need to be made. Do your homework. Consult with professionals, licensed and in good-standing. Check licenses, check expiration dates and google these individuals before hiring them.

I have a great list of professionals to help distressed homeowners make these difficult decisions between short sale or foreclosure. Just send me an email and I will happily forward you names. It is advisable to speak with a Real Estate Attorney, Tax Attorney, and/or CPA. Making the wrong decision regarding short sale or foreclosure could follow you for several years.

1.  They were talked into financing 100% of their mortgage due to the “thinking” that within a few years, the market value of their property would increase, thus they could then refinance because they would have instant equity.

2.  The type of loan the borrower got to purchase or refinance the loan has met it’s short “intro rate” term and has now adjusted to a rate the borrower cannot afford.

3.  Someone refinanced their home back when “No Doc Loans” were available for, let’s say for the sake of example, a 5-year term. Now the term is up, there is no longer the “No Doc” option and they are stuck without a way to remain in their home.

And I’m sure the list goes on as to the reasons why many find themselves in this situation. The one thing to know is that You Are Not Alone!!

What can you do if you find yourself wondering how to move forward?

First, (A) Act upon your situation. Don’t sit around hoping it will get better, burying your head in the sand. That won’t help. You can get through this; many people have gone through it successfully and are beginning the process right now.

Second (B) Believe…find a professional you believe you can trust. ASK for references from their past clients. Make your professional prove to you they know what they are doing. If you hire someone to guide you that doesn’t truly know how to get through a short sale, you’re going to be in deep trouble.

Third, (C) Cooperate. Cooperating with your Real Estate professional makes ALL the difference. How can we do our job if you are not providing the information the bank requires? The process is what it is. And what is that you might ask? It is tedious, time consuming, monotonous, wearisome, and the list goes on. Your professional knows exactly what to expect and how to get through it. They should set your expectation right up front as to the path to a successful end.  This is not a short process and you should expect it to take at least 4-months to a successful close. Once an offer is received and sent to the bank, this process alone can take up to 90-days to get an approval. Once the approval is completed, let your 30-day escrow begin!  That’s the less complicated part.

In the last several months, banks have been very lax about dealing in a productive way with short sale properties. With the second moratorium in the last 6 months, this may just be what banks need to realize they must deal with distressed home owners. While some home owners may wish to modify their current loans, this will give others who wish to sell the ability to do so.To successfully sell a short sale in this market, a home seller must find a real estate professional experienced in dealing with banks in these situation.  In my personal experience, the banks DO NOT like 3^rd party negotiators. Sellers beware when it comes to hiring a company that asks for money upfront.  This process can efficiently be handled with the right real estate professional.

Residential Real Estate in Pleasanton is the topic of the upcoming Town Hall Meeting to be held Wednesday, May 27 from 7:00 – 9:00. A Panel of experts will provide insight as to the state of the market. This event will be held at the Veterans Hall in Pleasanton and is hosted by The City of Pleasanton, Pleasanton Chamber of Commerce, Pleasanton Weekly and the Bay East Association of REALTORS®. The event is open to the public at no cost to attend.

The following evening, Thursday May 28,  Kurt Kessler of Pleasanton Mortgage and Rhonda Fee of Realty World Town & Country are holding a FREE Home Buyer Seminar at 6:30 PM at The Rose Hotel in Pleasanton

The seminar is designed to answer many of your questions including:

• The difference between REO, Bank Owned and Short Sale Properties.
• The new role the FHA plays in both the mortgage and real estate markets.
• Seller concessions…What are they, how can they help YOU buy a home?
• Pre-approval vs. Pre-qualified…What’s the difference?
• Credit Scores and How to Improve them!
• Understanding the Stimulus Plan’s $8,000 Tax Credit for qualifying income (ends Dec. 1, 2009)
• Why we have “artificially” low interest rates and what might be next?
• The home/loan buying process and strategies

There is NO COST to attend, but space is limited. To make your reservation, please contact Rhonda Fee at 925.200.0827 or email rhonda. mailto:rhonda@rhondafee.com.