Sorting through lending costs

Although the Consumer Financial Protection Bureau, the federal agency created to oversee mortgage lending, only recently opened, the Bureau started looking at ways to protect consumers during the loan-shopping period long before it’s official start date.

Making sense of the story

The bureau is exploring avenues for combining the two forms that borrowers currently receive – the three-page Good Faith Estimate and the two-page Truth in Lending Act form. These forms tell would-be borrowers the terms of their loan – for instance, how payments on an adjustable-rate mortgage change. They also lay out fees.

Fees can make a big difference when comparison shopping. The simplest way to compare loans is by looking at the Annual Percentage Rate, or A.P.R. That calculation rolls in fees as well as the stated interest rate. Because lenders are required to follow the same formula, useful comparisons can be made.

Borrowers are advised to request a Good Faith Estimate from every lender they approach. While the Good Faith Estimate is in place to help borrowers, according to one lender, some lenders may provide interest-rate quotations that expire almost instantaneously, making it difficult for buyers to comparison shop.

Borrowers should be wary if they receive two or three different Good Faith Estimates and there is a difference of several thousand dollars.
Read the full story New York Times

Short Sale Soundoff: Victory for short sale sellers

July 15th, Gov. Jerry Brown signed SB 458 (Corbett) into law. SB 458 extends the protections of SB 931 (2010), to ensure that any lender that agrees to a short sale must accept the agreed upon short sale payment as payment in full of the outstanding balance of all loans.

Under previous law (SB 931 of 2010), a first mortgage holder could accept an agreed-upon short sale payment as full payment for the outstanding balance of the loan, but unfortunately, the rule did not apply to junior lien holders. SB 458 extends the protections of SB 931 to junior liens.

SB 458 contains an urgency clause making it effective upon signing.
CAR Newsline

Investors to the rescue of the housing market

Real estate investors will outnumber traditional borrowers 3 to 1 during the next two years, a new survey says, helping clear millions of repossessed properties from banks’ books and pave the way for a recovery.

Read the full story Los Angeles Times

Short Sale Soundoff: Partial release of lien for short sales

The California Franchise Tax Board is accepting requests from taxpayers who have short sold their home and do not have enough funds in escrow accounts to pay the recorded state tax lien in full.

Taxpayers in this situation may apply for a Partial Release of Lien, which releases a specific piece of property from a recorded state tax lien. However, it does not release the lien in its entirety. The lien remains in effect against the taxpayer and continues to encumber other property the taxpayer owns or acquires in the future.

To learn which documents are required to request a Partial Release of Lien and the evaluation process, please visit http://www.ftb.ca.gov/professionals/taxnews/2011/July/Article_1.shtml.

California Association of Realtors

How Election Results Impact Real Estate

The outcome of the election this Tuesday will almost certainly have an impact on the real estate industry and the issues that most seriously affect it. Here are two of the initial results.

1. Ten of the 12 state attorneys general on the executive committee heading the foreclosure probe lost their re-election bids and won’t be returning to office. However, Ohio’s Richard Cordray, one of the most outspoken AGs, says the change of watch won’t matter very much.

“The issue is still there. The elections don’t change that. It’s going to need to be addressed, from the industry’s standpoint,” he said. “The 50 state investigation will continue to go forward.”

2. In Florida, voters rejected a proposal to change the state’s constitution to allow voters to decide changes to local master plans. The proposal was rejected by two-thirds of voters.

Source: The Wall Street Journal, Robbie Whelan (11/03/2010

Weekly Fraud Alert: Foreclosure rescue scams are going strong

According to the U.S. Government Accountability Office (GAO), the two most common foreclosure scams are advance-fee loan modification schemes and sales-leaseback schemes, with advance-fee schemes.

In an advance-fee scheme, someone charges the homeowner a fee in advance to negotiate a deal with the mortgage lender. They may even offer a money-back guarantee, but the usual outcome is that they take the money (the average is about $3,000), provide little or no service, and then refuse to refund the fee.

In a sales-leaseback scheme, the scammer persuades the homeowner to transfer the deed to them by offering to assume payments and let the homeowner pay rent while the “rescuer” gets the house’s affairs in order. The scammer generally promises to sell back the property to the homeowner once the homeowner’s financial situation improves, but they don’t. Often they take out another loan on the home or even sell it out from under the homeowner. BetterBusinessBureau Read more

New California Law Restricts Lenders With Respect To Deficiency Judgments After Short Sale Approval

 Finally some good news!  SB 931 (Ducheny) provides welcome relief to many California homeowners.  A new law in California, “The Golden State” will PREVENT A BORROWER’S FIRST TRUST DEED LENDER (“Senior Lien Holder”) FROM OBTAINING A DEFICIENCY JUDGMENT AGAINST THE SELLER AFTER THAT LENDER APPROVES A SHORT SALE.

The law will become effective January 1, 2011. Read more

 Coldwell Banker Marketing Dept.

Pacific Palisades, CA-short pay

Saw dynamite Palisades home with both style and location. What a deal! Looks like it may be a short pay..