Home > Blogs > Justin Brennan's Blog
7,758 views

Justin Brennan's Blog

By Justin Brennan | Broker in San Diego, CA
  • Deed in Lieu FAQ - Help with your options

    Posted Under: Home Selling in San Diego County  |  May 24, 2010 6:14 PM  |  680 views  |  No comments

    Deed in Lieu

    A Deed in Lieu of Foreclosure is an alternative to a foreclosure. This is a way to settle voluntarily and in good faith in which the borrower surrenders their home to the lender and moves on. The advantage for the borrower is that it  releases them from the debt associated with the defaulted loan. The borrower avoids a painful and time consuming foreclosure. The advantage for the lender is a reduction in the cost and time of foreclosing on the property. Learn more a www.TheLaJollaLife.com

    In most cases a lender will only accept a deed in lieu if there are no other liens, 2nd mortgages or debts attached to the property or these liens can be significantly negotiated. This is due to the fact that the bank does not want to be responsible for the other liens that are attached to the property; this is why most lenders will push for a foreclosure instead because it removes all junior liens. However, this being said, the laws and rules are rapidly changing every day and If you are in a tough spot and simply want advice or questions answered as to which direction may be best for you, give me a call. No obigation, just straigh talk. I hope this helps. Learn more about a Short Sale Vs Deed In Lieu?

    Deed in Lieu of Foreclosure - FAQ Deed-in-Lieu
    Frequently Asked Questions


    Q: - When a mortgagor has been approved for utilizing a DIL of foreclosure, how much time does a mortgagee have to complete the DIL?


    ANSWER -A DIL of foreclosure must be completed within 90 days of initiation of the process.


    Q: - Does HUD allow $2,000 to pay off second liens when determining if a mortgagor is eligible for a DIL?  (this is very important to know and we have utilized this option.  Many so called experts say you can't use a Deed in lieu of foreclosure if you have two mortgages. )

    ANSWER - Effective with Mortgagee Letter 2002-2013, HUD increased the DIL of foreclosure consideration to not to exceed $2,000. Therefore, with the mortgagor's consent, this consideration may be utilized to pay off junior liens to clear the title as stated in Mortgagee Letter 2000-05. Want Short Sale FAQ?

    Q: - What is HUD's process for acceptance of a DIL of foreclosure on an asset that is "structurally damaged?"

    ANSWER - For servicing purposes, the mortgagee is to substantiate their business decision by what is stated within the mortgagee's Quality Control Plan. For conveyance purposes, the mortgagee is to seek approval from the REO Division Director that has jurisdiction over the property. Need a Short Sale expert in San Diego?

    Q: - Can a mortgagee revert from a foreclosure process to the acceptance of a DIL from a mortgagor?

    ANSWER - This is a business decision the mortgagee is to decide based upon what is stated in the mortgagee's Plan. You will need to speak with an attorney

    Q: - Does a mortgagee have the ability to accept a DIL of foreclosure when there is an existing Partial Claim?

    ANSWER - Per Mortgagee Letter 2000-05, page 37, paragraph E. Condition of Title, it is possible for a mortgagee to consider a mortgagor for a DIL when there is a Partial Claim lien. With the mortgagor's consent, the consideration payable to the mortgagor may be utilized to affect a discharge of lien.

    For more info on comparing Deed in Lieu Vs Short Sale click here

  • Short Sale FAQ | Deed in Lieu | Foreclosure Options

    Posted Under: Home Selling in San Diego County  |  May 4, 2010 9:21 AM  |  922 views  |  1 comment


    Tax Consequences
    The Mortgage Debt Relief Act of 2007 only applies to purchase money and doesn’t apply to cash out refinances unless you have proof that it went back into remodeling the home. Purchase money used to buy second homes or investment
    properties is not eligible.

    Deed in Lieu vs Short Sale?

    Borrowers who's refinances do not qualify for  the Mortgage Debt Relief Act of 2007 can turn to tax negotiators such as Tax Masters to help negotiate taxes after they have received a 1099C, help with proving insolvency for tax form 982, or any other debt cancellation from tax on the unpaid debt the servicer has written off. For more short Sale FAQ visit the

    Short Sale FAQ center with Justin Brennan

    How the Credit Agency Reports Short Sales

    Most credit reporting agents have been reporting short sales as "settled less than full".  Many agents tell their clients that it won’t affect their credit and/or it is reported differently, misrepresenting how the deficiency judgment  is expressed on the approval letters.

    • Have you ever told your clients, “Don’t worry, they won’t pursue the debt”?
    • How about, “You can negotiate it on the back side”. This is true, but make sure they do their homework and find a company that can do this before they blame you later for giving them false information.
    Never predict a credit outcome for your  clients!! You have no power to promise them an outcome, but their decisions may still be based on the information you give them.  Be sure not to give advice or predictions for their specific circumstances. Though you may have seen the credit outcomes of many situations, you don't know what will happen in any particular case. Foreclosure vs Short Sale?

    How Secondary Debt is Treated

    • Most seconds reserve the right to collect the debt at a later time, so do not tell your clients that all of the remaining debt will be forgiven.
    • If they do not plan to collect the debt, they will 1099C the client.


  • No More CA State Tax on Short Sales and Debt Foregiveness

    Posted Under: Home Selling in San Diego  |  April 13, 2010 2:18 PM  |  989 views  |  2 comments

    Breaking News: 4-13-10
    Read Below. Justin Brennan - San Diego Agent : News Alert.

    More Short Sale FAQ and Short Sale Process

    Distressed homeowners no longer have to pay California state income tax on debt forgiven in a short sale, foreclosure, or loan modification.  Enacted into law yesterday, Senate Bill 401 generally aligns California's tax treatment of mortgage debt relief income with federal law.  For debt forgiven on a loan secured by a "qualified principal residence," borrowers will now be exempt from both federal and state income tax consequences.  The existing federal exemption is for indebtedness up to $2 million, whereas the new California exemption is for indebtedness up to $800,000 and forgiven debt up to $500,000. Visit www.TheLaJollaLife.com for more info on San Diego Short Sales, FAQ, and Process with Justin Brennan


    "Qualified principal residence" indebtedness is defined as debt incurred in acquiring, constructing, or substantially improving a principal residence.  It includes both first and second trust deeds.  It also includes a refinance loan to the extent the funds were used to payoff a previous loan that would have qualified.

    More Short Sale FAQ and Short Sale Process

    The tax breaks apply to debts discharged from 2009 through 2012.  Californians who have already filed their 2009 tax returns may claim the exemption by filing a Form 540X amendment.
     
    Taxpayers who do not qualify for the above exemptions (e.g., second home or rental property) may nevertheless be exempt under other provisions.  Most notably, taxpayers who are bankrupt are exempt from debt relief income tax.  Also, taxpayers who are insolvent are exempt from debt relief income tax to the extent their current liabilities exceed current assets.

    For more information about mortgage forgiveness tax consequences, go to California Franchise Tax Board's Mortgage Forgiveness Debt Relief Extended webpage and the Internal Revenue Service's Mortgage Forgiveness Debt Relief Act and Debt Cancellation webpage.  The full text of Senate Bill 401 is available at www.leginfo.ca.gov


    C.A.R. provides REALTORS® with many legal articles covering a wide range of topics of interest.  Some of the new or newly revised legal articles available at http://qa.car.org/ are as follows:

  • Short Sale is the New REO. Get Ready

    Posted Under: Home Selling in San Diego County  |  March 7, 2010 8:36 PM  |  288 views  |  1 comment

    Program to pay homeowners to sell at a loss

    Obama administration's latest attempt to stem the housing crisis:  for short sale FAQ visit www.TheLaJollaLife.com

    Image: Home in Elgin, Ill.
    Scott Olson / Getty Images
     
     View related photos
    Video
      The Housing Recovery
    March 4: Insight on the health of housing, with William Emerson, Quicken Loans CEO and CNBC's Diana Olick.

    CNBC

    Justin Brennan, San Diego's rising star. Helping homeowners short sell homes throughout San Diego.
    NEW YORK - In an effort to end the foreclosure crisis, the Obama administration has been trying to keep defaulting owners in their homes. Now it will take a new approach: paying some of them to leave.

    This latest program, which will allow owners to sell for less than they owe and will give them a little cash to speed them on their way, is one of the administration’s most aggressive attempts to grapple with a problem that has defied solutions.

    More than five million households are behind on their mortgages and risk foreclosure. The government’s $75 billion mortgage modification plan has helped only a small slice of them. Consumer advocates, economists and even some banking industry representatives say much more needs to be done. For the administration, there is also the concern that millions of foreclosures could delay or even reverse the economy’s tentative recovery — the last thing it wants in an election year.

    Taking effect on April 5, the program could encourage hundreds of thousands of delinquent borrowers who have not been rescued by the loan modification program to shed their houses through a process known as a short sale, in which property is sold for less than the balance of the mortgage. Lenders will be compelled to accept that arrangement, forgiving the difference between the market price of the property and what they are owed.

    “We want to streamline and standardize the short sale process to make it much easier on the borrower and much easier on the lender,” said Seth Wheeler, a Treasury senior adviser.

    One owner's case
    The problem is highlighted by a routine case in Phoenix. Chris Paul, a real estate agent, has a house he is trying to sell on behalf of its owner, who owes $150,000. Mr. Paul has an offer for $48,000, but the bank holding the mortgage says it wants at least $90,000. The frustrated owner is now contemplating foreclosure.

    To bring the various parties to the table — the homeowner, the lender that services the loan, the investor that owns the loan, the bank that owns the second mortgage on the property — the government intends to spread its cash around.

    Under the new program, the servicing bank, as with all modifications, will get $1,000. Another $1,000 can go toward a second loan, if there is one. And for the first time the government would give money to the distressed homeowners themselves. They will get $1,500 in “relocation assistance.”

    Should the incentives prove successful, the short sales program could have multiple benefits. For the investment pools that own many home loans, there is the prospect of getting more money with a sale than with a foreclosure.

    For the borrowers, there is the likelihood of suffering less damage to credit ratings. And as part of the transaction, they will get the lender’s assurance that they will not later be sued for an unpaid mortgage balance.

    For communities, the plan will mean fewer empty foreclosed houses waiting to be sold by banks. By some estimates, as many as half of all foreclosed properties are ransacked by either the former owners or vandals, which depresses the value of the property further and pulls down the value of neighboring homes.

    ‘Tailor-made for fraud’
    If short sales are about to have their moment, it has been a long time coming. At the beginning of the foreclosure crisis, lenders shunned short sales. They were not equipped to deal with the labor-intensive process and were suspicious of it.

    The lenders’ thinking, said the economist Thomas Lawler, went like this: “I lend someone $200,000 to buy a house. Then he says, ‘Look, I have someone willing to pay $150,000 for it; otherwise I think I’m going to default.’ Do I really believe the borrower can’t pay it back? And is $150,000 a reasonable offer for the property?”

    Short sales are “tailor-made for fraud,” said Mr. Lawler, a former executive at the mortgage finance company Fannie Mae.

    Last year, short sales started to increase, although they remain relatively uncommon. Fannie Mae said preforeclosure deals on loans in its portfolio more than tripled in 2009, to 36,968. But real estate agents say many lenders still seem to disapprove of short sales.

    Under the new federal program, a lender will use real estate agents to determine the value of a home and thus the minimum to accept. This figure will not be shared with the owner, but if an offer comes in that is equal to or higher than this amount, the lender must take it.

    ‘In a perfect world ...’
    Mr. Paul, the Phoenix agent, was skeptical. “In a perfect world, this would work,” he said. “But because estimates of value are inherently subjective, it won’t. The banks don’t want to sell at a discount.”

    There are myriad other potential conflicts over short sales that may not be solved by the program, which was announced on Nov. 30 but whose details are still being fine-tuned. Many would-be short sellers have second and even third mortgages on their houses. Banks that own these loans are in a position to block any sale unless they get a piece of the deal.

    “You have one loan, it’s no sweat to get a short sale,” said Howard Chase, a Miami Beach agent who says he does around 20 short sales a month. “But the second mortgage often is the obstacle.”

    Major lenders seem to be taking a cautious approach to the new initiative. In many cases, big banks do not actually own the mortgages; they simply administer them and collect payments. J. K. Huey, a Wells Fargo vice president, said a short sale, like a loan modification, would have to meet the requirements of the investor who owns the loan.

    “This is not an opportunity for the customer to just walk away,” Ms. Huey said. “If someone doesn’t come to us saying, ‘I’ve done everything I can, I used all my savings, I borrowed money and, by the way, I’m losing my job and moving to another city, and have all the documentation,’ we’re not going to do a short sale.”

    But even if lenders want to treat short sales as a last resort for desperate borrowers, in reality the standards seem to be looser. 

    Sree Reddy, a lawyer and commercial real estate investor who lives in Miami Beach, bought a one-bedroom condominium in 2005, spent about $30,000 on improvements and ended up owing $540,000. Three years later, the value had fallen by 40 percent.

    Mr. Reddy wanted to get out from under his crushing monthly payments. He lost a lot of money in the crash but was not in default. Nevertheless, his bank let him sell the place for $360,000 last summer.

    “A short sale provides peace of mind,” said Mr. Reddy, 32. “If you’re in foreclosure, you don’t know when they’re ultimately going to take the place away from you.”

    Mr. Reddy still lives in the apartment complex where he bought that condo, but is now a renter paying about half of his old mortgage payment. Another benefit, he said: “The place I’m in now is nicer and a little bigger.”



     

  • Short Sale Process Set To Speed Up

    Posted Under: Home Selling in San Diego  |  February 12, 2010 1:58 PM  |  386 views  |  No comments

    Since the real estate bubble burst back in 2007 many Realtors have been avoiding short sales altogether, either due to lack of training, or simply to avoid the hassle involved.

    For information on Short Sale FAQ and if you are considering a short sale in San Diego, visit www.TheLaJollaLife.com Justin Brennan

    "Why are they taking six months to make a decision? By then the original buyer is gone. A lot of people can’t afford to wait because they have to move," Grobman said.

    Well, the federal government has finally answered back, adding another acronym to its list of government-sponsored programs. This one is called HAFA (it stands for Home Affordable Foreclosure Alternatives) and is part of the Home Affordable Modification Program (HAMP).

    HAFA: The Government Response

    Hoping to positively influence the nation’s housing market by shortening and simplifying the short-sale process, the Treasury Department released new guidelines for servicers late last year.

    Under those directives, HAFA offers servicers and borrowers incentives for utilizing a short sale or a deed-in-lieu to avoid foreclosure on any loan that is eligible under the HAMP program thereby reducing the need for a potentially lengthy and expensive foreclosure process.

    Key features of the program include:

    • Sellers/borrowers can receive up to $1,500 for relocation expenses
    • Lenders will receive $1,000 for each completed short sale
    • Up to $1,000 for investors who allow up to $3,000 in short sale proceeds to be distributed to subordinate lien holders. Borrowers can receive pre-approved short sale terms prior to the property listing
    • Borrowers are fully released from future liability for the debt

    For information on Short Sale FAQ and if you are considering a short sale visit www.TheLaJollaLife.com Justin Brennan

  • Top 10 Home Staging Tips: Justin Brennan's Top 10 Trips & Tricks

    Posted Under: Home Selling in San Diego  |  February 5, 2010 1:19 PM  |  211 views  |  No comments

    Show Value:
    T
    here are two ways to help show value in your home to prospective buyers. 1) Have your home show better than the competition down the street. 2) If you are unable to prepare your home to show better, then price is another great way to show value to buyers. I always recommend # 1 to make your home look and feel better than your competitors. Here are some Tips for Home Staging 



    1. Clean your glass windows, doors and mirrors with a mixture of white vinegar and water and wipe with newspaper for a beautiful, streak-free shine.

    2. Freshen your garbage disposal by putting a lemon wedge in and running the disposal. This will neutralize odors and create a fresh, lemony scent. Fresh lemon can also be used to scrub kitchen counters and salt can be added as an abrasive for stubborn stains.

    3. Remove crayon from walls with toothpaste (not the gel type). Simply put a small amount of toothpaste on a damp sponge and wipe gently, then wipe away any remaining residue with a clean sponge.

    4. Refresh watermarks on wood surfaces by rubbing in a little mayonnaise and then buffing out the mark.

    5. Remove candle wax from fabric by hardening it first with an ice cube and then by chipping away the hardened wax.

    6. Repair small, noticeable scratches on hardwood floors with wood stain magic markers, available at most hardware stores. Be sure to choose the stain color that most closely matches your current floor stain color, fill in the scratch with color and buff with a soft cloth to blend. Wax pencils in many wood stain colors are also available for repairing similar scratches on wood furniture.

    7. Shine stainless steel appliances with a small amount of olive oil. Simply rub a little on a soft cotton cloth and polish to a shine.

    8. Remove soap residue in your dishwasher by running a wash cycle with a cup of white vinegar added.

    9. Clean stains on your sofa fabric with a small amount of club soda on a dry cloth. Some stains can be more difficult to remove. If the club soda does not work, make a paste of 3 Tablespoons Baking Soda and 1Tablespoon of club soda and rub a small amount on the stain with a soft cloth. Gently rub the cleaner off with another clean soft cloth dipped in a small amount of warm water. Once dry, vacuum off any remaining residue.

    10. Remove oil and grease stains from concrete driveways or garage floors by sprinkling the stains with baking soda or another absorbent substance such as cornmeal or sawdust. If the stain is dry, be sure to wet it first to create a paste and then scrub with a stiff brush. If this is unsuccessful, try using automatic dishwasher detergent, leave it on for a few minutes and then pour boiling water on it and, again, scrub with a stiff brush.

  • Home Options in 2010 Loan Modification, Short Sale, Foreclose? by Justin Brennan

    Posted Under: Home Selling in San Diego  |  February 1, 2010 5:36 AM  |  219 views  |  1 comment
    What are your options in 2010. Modification? Short Sale?, Foreclose?, Other?
    by Justin Brennan_ San Diego's Rising Star.

    Quick video blog on your options as a home owner. Do you modifiy, short sale, foreclose? Justin Brennan speaks about the various options in the market place right now. Local San Diegan, Asset Manager for several major banks and Broker Realtor in San Diego. He is a rare breed of Realtor with great access to information to help you.



    For more information and free advise contact Justin Brennan. 619-823-2120


« Read older posts
 

Contact Justin Brennan

Copyright © 2012 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer