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How to Sell a Home You Can’t Afford
Thanks for joining tonight’s webinar. We will begin
    shortly. To download the slides, please visit

    http://budurl.com/WebinarHandout




                   Tonight’s Speaker
                          Raymond Stoklosa
                          Managing Broker and Co-Owner
                          The RayChel Realty Group
                          Phone: (650) 655-2500
                          www.LivingWellinSanMateo.com


                      The RayChel Realty Group
Questions During the Webinar

Short sale experts are available to answer
  questions throughout the presentation
This is an interactive learning environment. You
  will get the most value from this program by
  having your specific questions answered.
The only dumb question is the one you don’t ask




                     The RayChel Realty Group
Questions During the Webinar

You may type questions in at any time during the
  presentation – Question box on your screen




                     The RayChel Realty Group
How to Sell a Home You
     Can’t Afford
              Presented by


                    Raymond Stoklosa
                    Managing Broker and Co-Owner
                    The RayChel Realty Group
                    Phone: (650) 655-2500
                    www.LivingWellinSanMateo.com



    The RayChel Realty Group
   www.RayChelRealtyGroup.com
Purpose and Goals of This Evening’s Webinar

Purpose
Share our Passion for Your Education

Goals
Increase your awareness about your
  options when you can no longer
  afford your home
Show what you can expect and what
  your lender expects from you
Educate and empower home owners
  in ways that improve their lives

                     The RayChel Realty Group
Life Got Hard?

Have you hit a pothole on the road of life?
Is your home worth less than you owe the bank?
Does the month last longer than your money?
Is your monthly mortgage payment unaffordable?




                    The RayChel Realty Group
Can’t Afford Your Home?

If you can’t afford your mortgage payment,
   here are your options…
   Refinance – replace existing with a better loan
   Loan Modification – loan terms adjusted
   Forbearance – suspended payments




                       The RayChel Realty Group
Can’t Afford Your Home?

If you can’t afford your mortgage payment
   and selling is your only option, here are
   the possibilities…
    Short Sale – Sell for less than amount owed
    Deed in Lieu – Transfer to Bank
    Foreclosure – Home sold at public auction
    Bankruptcy – Court reorganization plan stays
    foreclosure




                         The RayChel Realty Group
Primary Benefit of Short Sale


     Seller Avoids Foreclosure
•   Ineligible FNMA for 5 years
•   Shows on Credit for 10 years
•   Foreclosure could mean loss
    of security clearance
•   Current & future employment
    in jeopardy




                       The RayChel Realty Group
Short Sale Myths

• Bank is desperate to dump nonperforming
  assets
• Bank has no choice but to capitulate to
  demands of buyers and needs of sellers




                   The RayChel Realty Group
Short Sale

      Apt Solution
            or
    Wishful Thinking?




             The RayChel Realty Group
What is a Short Sale?

• Arms Length - FMV – Sale to Buyer
    Subject to Lender Approval
    Lender Agrees to Accept Less than Amount Owed
    Usually Considers the Debt Repaid in Full
    Seller Receives No Money




                      The RayChel Realty Group
Who is Eligible?

Eligibility of Seller is…
• Completely Up To Lender
• Rules Vary Lender/Loss Mitigators
• Each Lender Sets Own Rules




                       The RayChel Realty Group
Getting an Approved Short Sale


  Single Factor Common
to All Approved Short Sales
            is…
         Hardship



              The RayChel Realty Group
What is a Genuine Hardship?

• Job Loss
• Serious Illness
• Divorce
• Involuntary Relocation that Depletes
  Homeowner’s Assets
• Cannot Pay New Loan Payment – ARM
  Adjustment




                   The RayChel Realty Group
What is Not a Hardship?


Personal Preferences
• Home Worth Less than
  Borrower Paid
• Borrower Does Not Want
  Home
• Borrower Does Not Want to
  Make Payments
• Borrower Wants to Buy
  Another Home

                       The RayChel Realty Group
Who May Not Qualify?

Show Stoppers…
•   Homes with Substantial Equity
•   Homeowners with Significant Assets or Income
•   Homeowners with 2nd Homes or Rentals
•   Homeowners in Bankruptcy
•   Home Loan is Government Insured
•   Investors




                       The RayChel Realty Group
General Rule


Borrower Must Be Delinquent
Before Lender Will Approve – or
 even consider – a Short Sale.




               The RayChel Realty Group
It’s a Numbers Game
• Lender Makes a Financial Decision
    Strictly the “Bottom Line”
    More now, less later
• Avoids Expense of Foreclosure
    Uncollected interest and penalties
    Attorney’s Fees
    Trustee’s Fees
• Eliminates Non-Performing Loan
    Non-Performing loans are Liabilities
• REO Inventory Unaffected
    Avoid Carrying Costs
    Opportunity Loss

                       The RayChel Realty Group
Who are the Initial Players?


                       Homeowner




                                         Home-
        Servicer                        owner’s
                                       REALTOR®
                         Initial
                       participants




                                   Buyer’s
               Buyer
                                  REALTOR ®




                       The RayChel Realty Group
Who are the Players?

                       Homeowner

             Junior                     Home-
              Lien                     owner’s
             Holders                  REALTOR®




        Private
       Mortgage         Short sale         Buyer’s
       Insurance       participants       REALTOR®
       Company




            Investor                   Buyer


                        Servicer




                       The RayChel Realty Group
All Parties Must Be Aligned

•   Seller/Borrower - Debtor
•   Lender – Made the Loan
•   Servicer – Collection Service
•   Investor – Owns Loan
•   Mortgage Insurer – Insures lender/investor loss
•   Junior Lien Holders – Other creditors
•   Real Estate Agents – Authorized 3rd party




                       The RayChel Realty Group
Seller’s Final Position
In the end, the Seller…
• Avoids Foreclosure
• Eliminates a Financial Burden
• Salvage Credit Rating
• Receives No Money
• Loses Property Voluntarily
• Vacates Property
• Moves on with Life



                     The RayChel Realty Group
Uncertain Outcome

• Most Short Sales are Not Attainable
    Seller Cannot Demonstrate Hardship
    Price NOT Acceptable to Lender or Investor




                       The RayChel Realty Group
Challenges of Short Sales
•   High Failure Rate
•   Lengthy Processing Time
•   Paperwork Intensive
•   Lenders Unfamiliar with Local Market
•   Lenders Overwhelmed
•   Seller’s In-Difference
•   Real Estate Agents Ill Informed
•   Real Estate Agents Not Proactive
•   Recovery Demand Unacceptable
•   Foreclosure Date Too Near

                      The RayChel Realty Group
Potential Tax Consequences
Federal Government passed law in 2007
    Directing IRS NOT to include the mortgage debt
    forgiven by the lender as income, however…
    Applies only to purchase loans
    Does not apply to debt on cash-out refi’s
    Does not apply to 2nd homes
    Dollar Limitation
       $1 Million for married couples filing separately
       $2 Million for married couples filing jointly

      Seek Professional Tax Advice!

                        The RayChel Realty Group
Pitfalls of Secondary Debt

• Typically, Junior Lien Holders do not forgive the
  unpaid debt.
    Accept partial payment
    Then, sell the unpaid debt to Collection Agency
    Junior Loans are normally recourse debt
    Collection Agency pursues the seller


• Negotiate a Release for Full Satisfaction of Debt



                         The RayChel Realty Group
Beware of Schemers and Predators

• Money Up Front “Problem Solvers”
• Illegal Kick Backs
    Seller cannot receive money “under-the-table”
• HUD-1 Must Account for all Funds
• Lender Fraud is a Felony




                       The RayChel Realty Group
Nothing Short About Short Sale

      The Only Thing Short
     About a Short Sale is the
    Lender is Short Changed!

         Short Sales are…
            Complicated
          Legally Complex
        Technically Difficult

      And, They Are Doable.
               The RayChel Realty Group
Special Word About Investor Sales


       Home Equity Sales Contract Law

Special Contract required when…
•   Buyer is an Investor
•   Property Being Sold is Residential 1 - 4 Units
•   Owner Currently Occupies the Property
•   Notice of Default (NOD) has Been Recorded



                       The RayChel Realty Group
Seller Has Legal Rights

Upon Recording Notice of Default

• 5 Day Cancellation Period
    Seller may cancel
• 2 Year Contract Rescission Period
    Rescission for any unconscionable acts
• No Waiver by Seller
    Any waiver is void
• No Limitation on Damages
    Limiting investors liability is void


                         The RayChel Realty Group
Why Short Sales Derail…

• Seller cannot document hardship
• Seller will not agree to approval conditions
• Seller will not sign promissory note
• Seller will not make property accessible for
  showing
• Lender and/or Junior Lien Holders will not
  approve




                     The RayChel Realty Group
Why Short Sales Derail

•   Investor will not approve
•   Mortgage Insurer will not approve
•   Buyer unable to get financing
•   Property has clouds on title
•   List price is too high or too low




                      The RayChel Realty Group
Keys to Short Sale Success

• Be Engaged
• Respect the Process
• Be Mindful of the Details
• Send Complete Short Sale
  Package
• Respond in Timely Manner
• Set Realistic Expectations
• Retain Professional
  Representation


                     The RayChel Realty Group
Technology Tools You Can Use at Home




                The RayChel Realty Group
www.LivingWellinSanMateo.com




             The RayChel Realty Group
Home Value – PropertyValuesNow.com
Find out what homes in your neighborhood
have sold for




                            The RayChel Realty Group
Ask a Real Esate Question
http://LivingWellinSanMateo.com/San-Mateo-Real-Estate-Question/




                                The RayChel Realty Group
Help Us Spread the Word
“Classes” Tab
 for a Class Schedule




                        The RayChel Realty Group
Free Conversation




Raymond Stoklosa            Chela Stoklosa    Rebecca Williamson
Managing Broker and Owner   Agent and Owner   Agent



                     Phone: (650) 655-2500
                 info@RayChelRealtyGroup.com
                   LivingWellinSanMateo.com
               YouTube.com/LivingWellinSanMateo

                                 The RayChel Realty Group

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How To Sell A San Mateo Home You Cant Afford

  • 1. How to Sell a Home You Can’t Afford Thanks for joining tonight’s webinar. We will begin shortly. To download the slides, please visit http://budurl.com/WebinarHandout Tonight’s Speaker Raymond Stoklosa Managing Broker and Co-Owner The RayChel Realty Group Phone: (650) 655-2500 www.LivingWellinSanMateo.com The RayChel Realty Group
  • 2. Questions During the Webinar Short sale experts are available to answer questions throughout the presentation This is an interactive learning environment. You will get the most value from this program by having your specific questions answered. The only dumb question is the one you don’t ask The RayChel Realty Group
  • 3. Questions During the Webinar You may type questions in at any time during the presentation – Question box on your screen The RayChel Realty Group
  • 4. How to Sell a Home You Can’t Afford Presented by Raymond Stoklosa Managing Broker and Co-Owner The RayChel Realty Group Phone: (650) 655-2500 www.LivingWellinSanMateo.com The RayChel Realty Group www.RayChelRealtyGroup.com
  • 5. Purpose and Goals of This Evening’s Webinar Purpose Share our Passion for Your Education Goals Increase your awareness about your options when you can no longer afford your home Show what you can expect and what your lender expects from you Educate and empower home owners in ways that improve their lives The RayChel Realty Group
  • 6. Life Got Hard? Have you hit a pothole on the road of life? Is your home worth less than you owe the bank? Does the month last longer than your money? Is your monthly mortgage payment unaffordable? The RayChel Realty Group
  • 7. Can’t Afford Your Home? If you can’t afford your mortgage payment, here are your options… Refinance – replace existing with a better loan Loan Modification – loan terms adjusted Forbearance – suspended payments The RayChel Realty Group
  • 8. Can’t Afford Your Home? If you can’t afford your mortgage payment and selling is your only option, here are the possibilities… Short Sale – Sell for less than amount owed Deed in Lieu – Transfer to Bank Foreclosure – Home sold at public auction Bankruptcy – Court reorganization plan stays foreclosure The RayChel Realty Group
  • 9. Primary Benefit of Short Sale Seller Avoids Foreclosure • Ineligible FNMA for 5 years • Shows on Credit for 10 years • Foreclosure could mean loss of security clearance • Current & future employment in jeopardy The RayChel Realty Group
  • 10. Short Sale Myths • Bank is desperate to dump nonperforming assets • Bank has no choice but to capitulate to demands of buyers and needs of sellers The RayChel Realty Group
  • 11. Short Sale Apt Solution or Wishful Thinking? The RayChel Realty Group
  • 12. What is a Short Sale? • Arms Length - FMV – Sale to Buyer Subject to Lender Approval Lender Agrees to Accept Less than Amount Owed Usually Considers the Debt Repaid in Full Seller Receives No Money The RayChel Realty Group
  • 13. Who is Eligible? Eligibility of Seller is… • Completely Up To Lender • Rules Vary Lender/Loss Mitigators • Each Lender Sets Own Rules The RayChel Realty Group
  • 14. Getting an Approved Short Sale Single Factor Common to All Approved Short Sales is… Hardship The RayChel Realty Group
  • 15. What is a Genuine Hardship? • Job Loss • Serious Illness • Divorce • Involuntary Relocation that Depletes Homeowner’s Assets • Cannot Pay New Loan Payment – ARM Adjustment The RayChel Realty Group
  • 16. What is Not a Hardship? Personal Preferences • Home Worth Less than Borrower Paid • Borrower Does Not Want Home • Borrower Does Not Want to Make Payments • Borrower Wants to Buy Another Home The RayChel Realty Group
  • 17. Who May Not Qualify? Show Stoppers… • Homes with Substantial Equity • Homeowners with Significant Assets or Income • Homeowners with 2nd Homes or Rentals • Homeowners in Bankruptcy • Home Loan is Government Insured • Investors The RayChel Realty Group
  • 18. General Rule Borrower Must Be Delinquent Before Lender Will Approve – or even consider – a Short Sale. The RayChel Realty Group
  • 19. It’s a Numbers Game • Lender Makes a Financial Decision Strictly the “Bottom Line” More now, less later • Avoids Expense of Foreclosure Uncollected interest and penalties Attorney’s Fees Trustee’s Fees • Eliminates Non-Performing Loan Non-Performing loans are Liabilities • REO Inventory Unaffected Avoid Carrying Costs Opportunity Loss The RayChel Realty Group
  • 20. Who are the Initial Players? Homeowner Home- Servicer owner’s REALTOR® Initial participants Buyer’s Buyer REALTOR ® The RayChel Realty Group
  • 21. Who are the Players? Homeowner Junior Home- Lien owner’s Holders REALTOR® Private Mortgage Short sale Buyer’s Insurance participants REALTOR® Company Investor Buyer Servicer The RayChel Realty Group
  • 22. All Parties Must Be Aligned • Seller/Borrower - Debtor • Lender – Made the Loan • Servicer – Collection Service • Investor – Owns Loan • Mortgage Insurer – Insures lender/investor loss • Junior Lien Holders – Other creditors • Real Estate Agents – Authorized 3rd party The RayChel Realty Group
  • 23. Seller’s Final Position In the end, the Seller… • Avoids Foreclosure • Eliminates a Financial Burden • Salvage Credit Rating • Receives No Money • Loses Property Voluntarily • Vacates Property • Moves on with Life The RayChel Realty Group
  • 24. Uncertain Outcome • Most Short Sales are Not Attainable Seller Cannot Demonstrate Hardship Price NOT Acceptable to Lender or Investor The RayChel Realty Group
  • 25. Challenges of Short Sales • High Failure Rate • Lengthy Processing Time • Paperwork Intensive • Lenders Unfamiliar with Local Market • Lenders Overwhelmed • Seller’s In-Difference • Real Estate Agents Ill Informed • Real Estate Agents Not Proactive • Recovery Demand Unacceptable • Foreclosure Date Too Near The RayChel Realty Group
  • 26. Potential Tax Consequences Federal Government passed law in 2007 Directing IRS NOT to include the mortgage debt forgiven by the lender as income, however… Applies only to purchase loans Does not apply to debt on cash-out refi’s Does not apply to 2nd homes Dollar Limitation $1 Million for married couples filing separately $2 Million for married couples filing jointly Seek Professional Tax Advice! The RayChel Realty Group
  • 27. Pitfalls of Secondary Debt • Typically, Junior Lien Holders do not forgive the unpaid debt. Accept partial payment Then, sell the unpaid debt to Collection Agency Junior Loans are normally recourse debt Collection Agency pursues the seller • Negotiate a Release for Full Satisfaction of Debt The RayChel Realty Group
  • 28. Beware of Schemers and Predators • Money Up Front “Problem Solvers” • Illegal Kick Backs Seller cannot receive money “under-the-table” • HUD-1 Must Account for all Funds • Lender Fraud is a Felony The RayChel Realty Group
  • 29. Nothing Short About Short Sale The Only Thing Short About a Short Sale is the Lender is Short Changed! Short Sales are… Complicated Legally Complex Technically Difficult And, They Are Doable. The RayChel Realty Group
  • 30. Special Word About Investor Sales Home Equity Sales Contract Law Special Contract required when… • Buyer is an Investor • Property Being Sold is Residential 1 - 4 Units • Owner Currently Occupies the Property • Notice of Default (NOD) has Been Recorded The RayChel Realty Group
  • 31. Seller Has Legal Rights Upon Recording Notice of Default • 5 Day Cancellation Period Seller may cancel • 2 Year Contract Rescission Period Rescission for any unconscionable acts • No Waiver by Seller Any waiver is void • No Limitation on Damages Limiting investors liability is void The RayChel Realty Group
  • 32. Why Short Sales Derail… • Seller cannot document hardship • Seller will not agree to approval conditions • Seller will not sign promissory note • Seller will not make property accessible for showing • Lender and/or Junior Lien Holders will not approve The RayChel Realty Group
  • 33. Why Short Sales Derail • Investor will not approve • Mortgage Insurer will not approve • Buyer unable to get financing • Property has clouds on title • List price is too high or too low The RayChel Realty Group
  • 34. Keys to Short Sale Success • Be Engaged • Respect the Process • Be Mindful of the Details • Send Complete Short Sale Package • Respond in Timely Manner • Set Realistic Expectations • Retain Professional Representation The RayChel Realty Group
  • 35. Technology Tools You Can Use at Home The RayChel Realty Group
  • 36. www.LivingWellinSanMateo.com The RayChel Realty Group
  • 37. Home Value – PropertyValuesNow.com Find out what homes in your neighborhood have sold for The RayChel Realty Group
  • 38. Ask a Real Esate Question http://LivingWellinSanMateo.com/San-Mateo-Real-Estate-Question/ The RayChel Realty Group
  • 39. Help Us Spread the Word “Classes” Tab for a Class Schedule The RayChel Realty Group
  • 40. Free Conversation Raymond Stoklosa Chela Stoklosa Rebecca Williamson Managing Broker and Owner Agent and Owner Agent Phone: (650) 655-2500 info@RayChelRealtyGroup.com LivingWellinSanMateo.com YouTube.com/LivingWellinSanMateo The RayChel Realty Group