Showing posts with label short sales. Show all posts
Showing posts with label short sales. Show all posts

3/18/10

Short Sales in California - Schwarzenegger's take

Schwarzenegger says "I'll be back", or rather that the Legislature needs to bring back a new bill that extends Debt forgiveness on Short Sales. As one article put it "foreclosure city" if Californians are made to pay taxes on "phantom income". The Fed has the 2007 Mortgage Debt Relief Act which is good through 2012, so you're good on your Federal taxes if you qualify. But currently some CPA's are recommending people who sold "short" should file an extension on April 15th and hope that Schwarzenegger and the Legislature get it together before the final October deadline when you have to file.

Here's the paragraph from the Schwarzenegger press release letter:
I asked you to send me legislation that protects homeowners from being taxed on “short sales” when they are forced to sell their home for less than they owe on their mortgage. Instead you are sending me a bill that uses these homeowners as leverage to increase tax penalties for businesses. Send me a clean bill that protects homeowners from this tax immediately, and I will sign it.

Apparently the provision Schwarzenegger so detests is one where companies or individuals who file for refunds fraudulently would be penalized if discovered. Gee, sounds onerous. Thanks Governator for holding up a much needed law because an included law irks you.

Also in the press release is his request for an extension of the $10,000 new home tax credit. His belief is new housing should be built which puts construction workers back to work. I don't know much about the rest of the State's real estate markets, but I don't see how California really needs more new homes when so many sit empty due to foreclosure. But California government completely lost at sea.... what else is new?

3/5/10

3 tips for delaying foreclosure

Need more time to get that Short Sale to go through? Or to come up with the money to get current on your loan? 3 tips for delaying foreclosure video:


The "Ask for the note" strategy is being billed by some as a way to prove the lender doesn't even own your home. As always, if it sounds too good to be true, it is. If you wonder out loud "why isn't everyone doing this" it's probably because it isn't true and doesn't work.

Also, "remind the bank" that they lose 30% more in a foreclosure vs. a Short sale is dumb. This is one EVERYONE does ALL OF THE TIME. If you say it too, they'll probably hold the phone 3 feet from their ear and not bother to listen to what you really need to talk about.

Finally, these are delaying tactics. They won't stop foreclosure.

One tip from us.... print out your credit reports and scores NOW when your credit is still good. You'll be able to prove to future landlords, employers and others that you were a good credit risk until you got caught up in a bad investment. www.AnnualCreditReport.com is the government's site. Don't use the ones advertised on TV unless you want to be sold a bill of goods and spammed relentlessly.

2/18/10

2010 "the year of the short sale"

Jim Klinge or "Jim the Realtor" in San Diego is one of my favorite real estate bloggers at www.bubbleinfo.com. In this Financial Times article he says ".... 2010 will be the year of the short sale".

The article goes on to say that "Wells Fargo is holding seminars to teach real-estate brokers how to conduct short sales. Citigroup created a unit to expedite short sales..." and "BofA has hired additional staff to handle the increased volume, which is running at about double the level of a year ago. “Short sales are growing faster than REOs [real estate owned transactions] and that’s a new development,” said Matt Vernon, a BofA executive recently named to a new position of overseeing short sales."

I think the above all remains to be seen since the first part of Jim the Realtor's quote was "...2009 was the year of the loan modification" and frankly while there were all kinds of programs and efforts, loan mods have largely been colossal failures. But that's for another post.

2/8/10

Dear Tishman/Infinity - PLEASE take my name off your list

Oh wait, I didn't sell one unit at The Infinity, so my name isn't on this list. Phew!


San Francisco's Infinity - two high rise condo towers and a "tree top" building - are now reporting over 600 sold condos at 301 Main St (365 units), 333 Main St (66 units), 338 Spear St (285 units), a total of 716 units.... so at least 84% sold out.

Unfortunately 715 of the 716 appear to be under water already. The one that isn't under water is 301 Main St #9E because it's been re-sold as a Short Sale.... from $867,000 to $607,000 or a 30% drop in 18 months.

So WHY on earth did anyone buy at the Infinity when they saw this exact thing happen at the Beacon, The Palms, The Watermark and on and on?

Apparently when I wrote 1 year ago about my "new car theory", this past year everyone thought that some how the Infinity would be different. Unfortunately, as soon as you drive ANY new car off the lot it depreciates in value. Tomorrow, the Infinity will be a used car. So why not wait and buy a re-sale?

Speaking of resales, here is 1 in each of the 3 Infinity buildings:

301 Main St #19A - resale at $835k in Oct '09 - meanwhile per the SFGov property tax site the tax basis is $897,531 which is what I think it must have sold for 9 months earlier in Jan '09. That's a 7% drop AFTER the market had already crashed in late 2008.

333 Main #7B - resale in Nov '09 at $760,000 - original sale based on tax records appears to be $819,000 back in March '08. If that's the case I think the seller got lucky, and the buyer bought too "new" of a car, er, condo.

338 Spear St #5D - resale Dec '09 at $815,000 - original sale April '09 was $795,000. Good news right? Up $20,000... but the original buyer probably spent close to $50,000 to sell it, and not including their original closing costs realized a $30,000 loss, NOT a $20k gain. Plus add 8 months of $754 HOA dues and property taxes and my guess is that it probably cost the original buyer close to $10,000 per month to live in their "new car" condo.

Meanwhile, 301 Main #9E and it's 30% drop Short Sale in Dec '09 is more like it. A 30% drop is about what I expect for all Infinity units, including the above re-sales, if they try to re-sell again anytime in the next couple of years. Too bad they didn't buy then... when I hope to have my name WAY UP that list.

If you need to Short Sell your condo - please use the Short Sale Request Form for a free evaluation of your situation and likely success of Short Selling.

2/4/10

311 Marina Blvd - $1.8 million Short Sale

Short Sales in San Francisco are moving up in price. 311 Marina Blvd with what appears to be over $3 million in loans (not $3.5 as I was guessing in the below video), hit the San Francisco MLS as a Short Sale asking $1.8 million. Video walk through to come.
This just a peak at the location and exterior. Pardon the verbal mistakes

1/29/10

Redfin won't do Short Sales

Redfin.com has flagged Short Sales in San Francisco.

Redfin.com won't "tour or write offers on short sales" in San Francisco. Redfin is in many more markets than just SF so I'm sure they've flagged short sales in all markets, but I found this tidbit when looking up a Palms condo (555 4th St, San Francisco). Here's a screen capture of the listing - not the highlighted box on the upper right hand side:


So while I normally don't do shameless plugs for business, the difference between us and Redfin is we know how to evaluate whether or not a Short Sale has a good chance of selling or not (50% don't succeed in San Francisco, but that's usually a problem with the Listing Agent's ability - or know how in the sense that the property never had a chance of succeeding as a Short Sale in the first place).

If you can identify legit short sale opportunities you can buy properties for roughly 5% to 10% below "fair market value" (more on this on some future post, or call or email for details).

1/27/10

How to make sure a Short Sale goes through

As a follow up to yesterday's Short Sale post - and San Francisco's measly 50% close ratio for Short Sales vs. the guys at Group 46:10 in Arizona who close 90+%. In this video they tell a story that just happened - about how they kept a Short Sale from going into foreclosure:


Tenacity with a capital T.

1/26/10

Short Sales in San Francisco

I found an Arizona blog where they said 20% of their market's Closed sales were Short Sales. It takes til minute 6 of this 8 minute video for this one stat.



These guys claim to have a better than 90% success rate in closing their short sales. That's definitely not the perception in San Francisco. SF agents largely dismiss Short sales, and in my one short sale experience I got a fantastic offer that the Lender refused only to foreclose on it and then sell it for $110,000 less 6 months later as an REO. In another video the above guys say first lien holders are making 28% to 36% less in an REO sale vs. a Short Sale.

So with 20% in this particular Arizona market being Short Sales, where these guys also say 70% of owners are under water and 60% of all sales are a "distress" sale, with their 90+% close rate (just from this team, not the entire market for sure), how does San Francisco stack up?

To cut to the conclusion - with details to follow - 5.8% of 2009 sales in San Francisco (MLS data) were Short Sales. 11.1% were REO's for 16.9% "distress" sales. Homes were about twice as likely to be "distress" vs. Condos/Lofts (I excluded TIC's and Coops). And in our market there is one failed Short Sale for every one that Closed in 2009.

Here are the details:

As of Jan 25 2010, per the San Francisco MLS, Condo & Loft Short Sale counts:
For Sale = 54
In-Contract ("Contingent" or "Pending") = 81
Sold during the past 12 months = 79
Expired/Withdrawn the past 12 months = 77 that never sold

With 6.8 seller on average per month the 54 For-Sale equals an 8 month supply. Hard to say about the 77 expired/withdrawn. Many are probably bank owned now, and others are probably re-listed and I haven't look to compare.

Single Family Home Short Sales in San Francisco
For Sale = 43
In Contract = 103
Sold past 12 months = 139
Expired/Withdrawn the past 12 months = 151 that never sold

11.6 selling on average per month so 43 for-sale equals less than 4 months supply.

Lastly, I found one agent in town with a better than 90% Close ratio, but I also found one who had 7 listings and none of them closed. Several agents had that many and were able to close slightly above 50%.

1/18/10

More Short Sales problems

Short Sales are known to be long and difficult. And when there are 2 lenders short sales can be impossible. Now, according to this video report on CNBC there's a new problem. Some 2nd lien holders are demanding bribes to approve the short sale. The fraud in this country never ceases to amaze me.













By the way, this video ends with a conversation about loan modification problems.

1/12/10

Bank's BPO price vs. market price

The Beacon at 250 King and 260 King San Francisco has fallen on hard times with a growing number of Short Sales and REO's. Unfortunately many Short Sales are still not going through, and when they don't they usually become REO listings a few months later. One reason - unrealistic Banks.

250 King St Unit #636 appears to be one of those listings. The former Short Sale listing said "Lender has BPO of $565,000 and will not pay for back HOA dues."

Originally listed in April 2008 for $599,000 there were no takers for 3 months. 6 months later the same Listing firm re-listed it in January 2009, but this time as a Short Sale asking $525,000. It bounced around in price and in and out of contract over the next 6+ months it finally was removed from the MLS in August at $498,000.

A "BPO" is a Broker's Price Opinion. Usually banks get more than one opinion, and often they are not local agents. Regardless, the $565,000 BPO and the failure to sell at $498,000 isn't even the most shocking part of the story. It's that when it was re-listed as an REO in November at $413,325 it has now gone through TWO PRICE drops to $392,660 after 28 days, and now down to $373,027 just a couple of days ago.

More history - per tax records #636 was purchased for $575,000 in March 2006 representing a 35% drop in value at it's current asking price. The buyer appears to have put 10% down based on two loans adding up to $517,500.

Click here to view 250 King St Unit #636.

10/29/09

Foreclosure vs. Short Sale - which is best

Foreclosure vs. Short Sale - which is best?
Well neither is good. But there has been a lot of noise that Short Sales are so much better for owner/sellers than Foreclosures. From what I can tell some of the claimed advantages just aren't true. There are some advantages though.

Firstly, reviewing pages 3 thru 5 at eFanniemae.com's 2008 0816 announcement which describes underwriting rule changes in how Fannie Mae treats bankruptcies, foreclosures, short sales and other negatives transfers. If you go through a Short sale, they won't loan to you for 2 years. If you go through a foreclosure they won't loan to you for 3 to 5 years depending on whether you had "extenuating circumstances".

But the "noise" I am referring to about foreclosures supposedly being better than Short Sales is that from all indications your credit rating will get severely damaged in either scenario, and it's probably unlikely that your credit score will be high enough in 2 years time to qualify for any decent loan.

So is a Short Sale really better than a foreclosure? I think that's a case by case question.... and one you probably need to discuss with an attorney especially since one of the biggest questions is when and how a lender can go after you for a "deficiency judgement" on the amount owed.

4/21/09

Possible good news on Short Sales?

I'll believe it when it happens... but any news about the banks getting serious about allowing Short Sales to happen is welcome. I can't get excited after my one and only Short Sale experience in which I got 4 offers... all above the REO (bank owned) price it was listed at recently after the two Lenders on the condo refused to cooperate with each other.

As this article states, Realtors shy away from Short Sales if we think there is little chance of success, and that REO's sell for less than Short Sale properties (not always the case, but with mine is most definitely was).

In short the article is about Bank of America being willing to accept only 5% of a HELOC's value rather than 10% when the Short Sale is approved. This does NOT get me excited. In my one Short Sale the 1st bank offered the 2nd bank $1,000 to release their over $100,000 2nd loan. So this is like BofA saying "when we're in 2nd position via a HELOC, we'll now happily take $5,000 on a $100,000 loan" while the 1st lender is only offering $1,000. They are still worlds apart (even though $4,000 apart doesn't sound like much on a $600,000 condo, it is when you're dealing with over worked and out of touch banks).

But a baby step is a step in the right direction. I'd just like to see a few more before I'm willing to try to help another homeowner try a Short Sale here in San Francisco.

3/12/09

"Known Short Sales" in San Francisco

Keep track of Short Sale listings in the San Francisco MLS, today, March 12th brings us 47 Condo/Loft/Coop/TIC listings with the "Known Short Sale" box checked in the MLS. The list of the 47 can be found by clicking here (only available for 30 days).

For more info on any of these listings you can enter the address in the quick search section in the left column of this blog.

I ran a similar search on Sept 1st 2008 and found only 13 Short Sales. Of course this could have as much to do with the fact that SFAR (San Francisco Association of Realtors) only recently introduced the "Known Short Sale" check box back then. But just as interesting are that Pacific Heights has 2 Short Sales and Nob Hill has one.

Interestingly these also make a case for the "location, location, location" mantra. All 3 are within 2 1/2 blocks of each other along the 3 busiest thoroughfares in the area.... Van Ness, Franklin and Gough.

Not a surprise to me are the increasing number of short sales at The Beacon with 6 at the 250-260 King St complex. Also not a surprise, 19 of the 47 Short Sales are in SOMA/South Beach/Mission Bay, with virtually every major building that has been open at least a year having one. That includes One Rincon Hill, The Metropolitan, The Palms, Watermark and Bridgeview. In early February I wrote about "The Coming Foreclosure Wave" in this part of town due to an over supply and off the charts prices buyers have been paying for the "new car" smell of new condos in the area. Well, here they come.

2/15/09

Short Sale "income" taxation treatment

I'm not an accountant or lawyer and this is not tax or legal advice. If you are going to attempt a Short Sale, in addition to hiring a competent Realtor, you should run your situation by an attorney and/or accountant.

However, one of the most common questions in Short Sales is whether or not the Bank is going to report the "forgiven" debt amount to the IRS, and whether or not the IRS will then treat it as income.

The good news is that the "Mortgage Debt Forgiveness Relief Act of 2007" means the IRS won't tax you on it. What is confusing to most is that the bank is likely to report it to the IRS, and that the IRS does see it as income, but now it's a special kind of income that is separated out and NOT taxed.

My layman's understanding of the process is that you need to attach the 1099 the lender provides after the sale which shows the amount of forgiven debt, and you need to file form 982 which essentially cancels it out.

Again, please don't rely on this article... use it to run by an accountant or lawyer. But the punch line is that until 2012 you should be forgiven the debt and NOT be taxed on it if you file correctly with the IRS.

One last piece of advice, make sure your bank doesn't file a deficiency judgement against you requiring you to pay the forgiven debt down the line.

Considering a short sale? Drop us a line at INFO at SFisHOME dot COM

2/8/09

The coming Foreclosure Wave in San Francisco

San Francisco has largely been protected from the catastrophic price drops that other Bay Area counties have been suffering. The arguments for San Francisco not suffering a similar downturn is partly that we have very restrictive zoning laws that don't allow any new construction over existing building heights in the majority of neighborhoods. However, the SOMA, South Beach & Mission Bay neighborhoods have been approved for thousands of new condos in dozens of buildings in the recent past and in the near future. So the supply and demand differential is far different in the south eastern part of town vs the northern parts of San Francisco.

However, a large supply, with more slated to come on the market, is only one part of the problem. The other is that the prices that Buyers of new or newer building condos paid made no sense. I expect to take some heat on that comment, not because it isn't true, but because it is easy to make that comment in hind sight. But you'll just have to trust me on this. I walked into many buildings dating back to 2004 and saw prices that matched those of the best properties in Pacific Heights and Russian Hill. In fact, as I watched only a handful of the most special properties in the north end of town reach $1,000 per SqFt, I seemed to be finding far more places asking $1,000 per SqFt in SOMA including condos that were eye to eye with Bay Bridge on-ramps, complete with 24/7 traffic noise and the resulting dirty windows.

One of the buildings that I predict will have a steady stream of REO's and Short Sales is The Beacon (250 & 260 King). Back in 2005 a colleague of mine was selling condo after condo in The Beacon, and it stumped me. I mean I like the location, especially since I'm a huge baseball fan, and because it's got phenomenal access to commuting (Caltrains and the 280 on-ramp) and it's got great access to shopping (Safeway & Borders among others in the building) and bars/restaurants (District across the way - although that hot bar wasn't even a gleam in the owners eyes when the building went on sale). But the building was original built as rentals, it was situated on leased land, none of the parking spots were deeded, there is no air conditioning in the condos... overall, there was nothing special about the building, only the location.

Yet prices were $800 per SqFt, above most of the condos I was visiting at the same time in the Marina, Cow Hollow, Russian Hill, Pacific Heights and so on. So I asked my colleague what was going on at the building that I was missing. I'll have to do a poor job of paraphrasing because I dismissed her comments at the time, but she claimed it was a great opportunity, a great building, and that the coming neighborhood amenities would cause prices to keep going up. I dismissed that because prices already seemed ABOVE where I would have expected them to be AFTER the neighborhood became what she was predicting.

The more I visited SOMA, South Beach and Mission Bay, the more I came to believe in my "new car" theory. That the Condo developers were pricing the condos like a hot new car... Buyers were buying them because they had the new car smell... and as soon as they drove the car off the lot it depreciated by 10%. You can always buy last year's model for a significant discount to the new model, yet there always seem to be plenty of people who just have to have the new car (although even that is changing in America today).

In real time (back then) the moment The Beacon came onto the market, 140 South Van Ness was last year's model. Then The Palms (555 4th St) came on the market and no one wanted The Beacon any more. When One Rincon Hill came on it was all the rage even as softness in the market started to become evident. Once The Infinity came on no one seemed to care anymore about One Rincon, and now phase 2 of The Infinity has just hit the market, so phase 1 is "last year's model" and any re-sales will be at least 10% below what the original Buyer paid.

The prediction for a coming wave of foreclosures and short sales is easy to make because it's already happening. There are 2 for-sale REO's in The Beacon right now (see the below post) and 1 each at 140 South Van Ness and The Palms. And virtually anyone who has ever bought in any of the three buildings, except maybe those who have purchased in the last couple of months (and even some of those are already under water) will be so far under water, that they will have to come up with money in order to Sell for many years to come.

Again, the 2004 to 2007 prices paid were basically "tomorrow's prices" and by tomorrow I mean some future expectation of the neighborhoods and market. The original owners at 140 South Van Ness are more protected because they bought in 2003, but the '05 and '06 buyers are already well under water. But at The Palms and The Beacon, the condos depreciated the moment they were "driven off the lot", and since then the market has dropped from 10% to 20% or more.

I expect it will be close to 10 years before they get back to their levels they paid. If I am right, then EVERY sale in all three buildings will be some sort of "distress" sale. Either a Short Sale or an REO, and anyone who can afford not to sell will eventually become a stress sale, or will add to a growing number of rentals in these buildings which drive down rental rates, adding to the burden of those who always meant to use them as investments.

Finally, one distressed sale leads to another as the prices keep coming down until Buyers see them as deals. Current owners see the low sales prices and realize they are paying more on their loan then their condo is worth, and some will purposely short sell or allow themselves to be foreclosed upon to get out. If that happens, it becomes a snow ball effect of ever decreasing values. Devaluation happens when Buyers expect tomorrow's prices to be lower than today's, and if every buyer sits on the sidelines waiting, it will take enormous discounts to move any Condo. The lower the prices, the more likely home owners who paid higher prices will want to cut their losses. That is likely to eventually even impact the 2003 buyers at 140 South Van Ness.

At some point the prices will be so low that new buyers will snap up the condos, but that level is likely to be far lower than today's prices.

Could this be stopped? Well, there are possibilities. For one, all new construction is already coming to a halt thus limiting supply. The counter to this is that I estimate that there is probably about an 18 month supply of Condos in the area (what is on the MLS, what the new buildings are selling off the MLS, and those owners who are waiting for the Spring market hoping for a more robust market). So it will be a year and a half of downward price pressure which I think will keep the supply in the 18 month range until prices are so far down that investors and former renters jump in with both feet (ala Contra Costa and Solano counties today - prices down 40% while sales are up 100%).

The government could also step in with 4% 30 year fixed mortgages, or increase the new $15,000 tax credit to a far larger number, or force banks to do principal reduction in their loan modifications. But the government seems to be stuck as they always are. Of course the economy could do a dramtic turn around and the days of easy money could return... but don't hold your breath on any of the above.

One 2BR REO at 140 South Van Ness recently sold for $580,000, one at The Palms sold for $590,000. Expect these sales to just be the beginning, and if that ends up being true, the prices will be lower as time goes on.