Big Legal Disclaimer: I’m not an attorney nor do I give financial advice, etc. Consult an attorney, accountant, psychic, OBGYN or anybody else you deem necessary to help you make the right decisions.

Enjoy,

Gerald Romine

Professor advises underwater homeowners to walk away from mortgages

Brent T. White, a University of Arizona law school professor, says that it’s in the homeowners’ best financial interest to stiff their lenders and that it’s not immoral to do so.

Reporting from Washington -

Go ahead. Break the chains. Stop paying on your mortgage if you owe more than the house is worth. And most important: Don’t feel guilty about it. Don’t think you’re doing something morally wrong.

That’s the incendiary core message of a new academic paper by Brent T. White, a University of Arizona law school professor, titled “Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis.”

White contends that far more of the estimated 15 million U.S. homeowners who are underwater on their mortgages should stiff their lenders and take a hike.

Doing so, he suggests, could save some of them hundreds of thousands of dollars that they “have no reasonable prospect of recouping” in the years ahead. Plus the penalties are nowhere near as painful or long-lasting as they might assume, he says.

“Homeowners should be walking away in droves,” White said. “But they aren’t. And it’s not because the financial costs of foreclosure outweigh the benefits.”

Sure, credit scores get whacked when you walk away, he acknowledges. But as long as you stay current with other creditors, “one can have a good credit rating again — meaning above 660 — within two years after a foreclosure.”

Better yet, homeowners can default “strategically”: Buy all the major items they’ll need for the next couple of years — a new car, even a new house — just before they pull the plug on their current mortgage lender.

“Most individuals should be able to plan in advance for a few years of limited credit,” White said, with minimal disruptions to their lifestyles.

What kind of law school professorial advice is this? Aren’t mortgages legal contracts? In so-called anti-deficiency states such as California and Arizona, mortgage lenders have limited or no legal rights to pursue defaulting homeowners’ assets beyond the house itself, White said. In other states, lenders may decide that it is not worth the legal expense to pursue walkaways, or consumers may be able to find flaws in the mortgage documents, disclosures or underwriting to challenge the original contract.

The main point, he said, is that too often people’s emotions get in the way of clear financial thinking about mortgages, turning them into what he calls “woodheads” — “individuals who choose not to act in their own self-interest.” Most owners are too worried about feelings of shame and embarrassment after a foreclosure, and ignore the powerful financial reasons for doing so.

Buttressing these emotions is a system that White labels “the social control of the housing crisis” — pressures and messages continually sent to consumers by the “social control agents,” namely banks, government and the media. The mantra that these agents — all the way up to President Obama — pound into owners’ heads, White said, is that “voluntarily defaulting on a mortgage is immoral.”

Yet there is an inherent imbalance in the borrower-lender relationship that makes this morality message unfair to consumers, White says: Banks set the rules during the housing boom, handing out home loans with no down payments, no income checks and inflated appraisals. Now that property values have dropped 20% to 50% in many areas, banks have been slow to modify troubled mortgages and reluctant to reduce principal debts.

Only when homeowners cut through the emotional fog and default strategically in large numbers, White argues, will this inequitable situation be seriously addressed.

How does White’s 52-page manifesto go over with mortgage lenders? Predictably, not well. Officials at Fannie Mae and Freddie Mac — investors who fund the bulk of all new mortgages in the country — disputed White’s characterization of how quickly after foreclosure a walkaway borrower can obtain a new loan. It’s not three years, they said, it’s a minimum of five years, absent extenuating circumstances such as medical or employment problems that caused the foreclosure.

“Borrowers who walk away from their mortgage obligations face serious consequences,” including severely depressed credit scores for extended periods, said Brian Faith of Fannie Mae.

In addition, he said, “there’s a moral dimension to this as homeowners who simply abandon their homes contribute to the destabilization of their neighborhood and community.”

While forecasting results is a guessing game the statistics don’t lie. Business Week’s article PENDING HOME SALES RISE FOR THIRD STRAIGHT MONTH is further proof that the markets are now coming back.

To summarize the article:

• Low interest rates are pushing sales
• First time homebuyers are active
• The Northeast is the hottest geographic region
• The only decrease in sales was in the South region
• “The market has already bottomed in some areas.”

What we are seeing in the markets is that a bottom is forming! This “floor” is likely to represent the bottom of staggeringly low levels and present a phenomenal opportunity to buy real estate at prices we are unlikely to see ever again.

Three Super Simplistic Steps For Success

1.      Start looking for houses.
You have to learn your market and there is no substitute for getting active and looking at houses. See what is available.

2.      Determine values.
Right now home values are all over the board and this can be very confusing.  As a buyer you want to focus on the best buys which are currently REO’s and pre-foreclosures (short sale investing).  To determine the best buys in the market start by looking at REO listings which should be the lowest priced properties for sale in the area and serve as a benchmark for the lowest comps you can find. You’ll want to buy at or below the recent sales of those homes.

3.      Line Up Your Money.
Even if you are flipping or wholesaling houses you may need to line up your conventional, private, or hard money.  If you’re looking to live in the house yourself get qualified with a lender. If you need private or hard money line it and be ready to go.

With those three steps in place you are ready to start evaluating deals and making offers.  If you are buying property as an investment make sure you are buying based on your CASH ON CASH RETURN. More investing knowledge can be found in “Real Estate Magic 101 – How To Get Rich In Real Estate Even If You’re Dead Broke!”

Author: Gerald Romine

About The Author:

Gerald Romine is a nationally recognized real estate expert that has been featured across North America sharing the stage with political leaders, film stars, and business leaders. Since 1989, Gerald has been involved with real estate as a real estate agent, broker, rehabber, investor, and builder and has been involved with everything from houses to apartments. For more information about Gerald’s products or services visit www.kickassrealestate.com

While in Oregon I was able to visit what many call the 8th Wonder of the World – Crater Lake. It’s absolutely beautiful!

If you’d like to check out some amazing pictures they are posted in my Facebook account. Just search for Gerald Romine.

My Mother is a real estate broker and Klamath Falls was hit hard like most of the nation but right now foreclosures and REO’s are what’s hot and selling in today’s real estate market. In the week I was there she had a flurry of activity with multiple offers coming in and a rush of new activity. All good things for her and good signs for real estate investors.

And… I’m big on the opportunities for short sales and REO’s. Right now they are the hottest thing on the market (that will change over time) and you should be looking here for deals. I’ve got a huge resource site that is absolutely free at www.kickassshortsales.com that you should check out because it has more info there then you can find in most short sale courses.

By,

Gerald Romine

Last week I had lunch with a good friend of mine who is a successful real estate investor and in the last several years he’s bought, sold, flipped, rehabbed and rented countless houses.

But the times have changed and he now finds himself owning several houses that he does not want.

With the values dropping/correcting he owes more than the houses are worth plus he has negative cash flow. Let’s just say with all the houses he owes 500K more than the houses are worth.

Financially he’s doing very well and has plenty of cash. His credit score is in the 700’s.

There is no bailout for him nor should there be. Nobody forced him to do anything. Nobody expected values to drop so fast or hard. It is what it is.

He asked me what he should do and my answer may surprise you.

I told him to make a business decision and asked him the following question…

Would it be worth 500K to trash your credit?

The answer should be obvious.

The challenge for many is pride and ego. The truth is when the loans were taken out the agreement was if the loan was not paid the lender could foreclose and the borrower will lose the property. As much as I am against losing a home to foreclosure tough decisions must be based on an intelligent decision and not emotion.

The markets have changed. If you are carrying negative equity you should consider making the best business decision available and this may include letting a house go to foreclosure. You could literally owe 200K today and buy back the same house or one like it for 100K as a foreclosure or REO on the same street.

Donald Trump has had companies file for bankruptcy several times and even the Governor of Texas filed for bankruptcy while they were governor.

These are changing times and even though my friend is well off financially he has to decide if it is worth 500K or more to lose several houses to foreclosure and rebuild his credit. The alternative is to keep losing more and more money every month.

What would you do?

Please post a response in the blog below.

Author: Gerald Romine

Their response is unbelievable. “Insufficient Offer.”

But it gets better. Countrywide said they would prefer to write off the entire amount than take 3K on a short sale!

It makes no sense and it is no wonder the financial institutions of America are begging for handouts.

My friend called me up and asked what I thought. My answer was as soon as they sait they wanted to write off the entir amount I would have said “DEAL! I’m amending my offer to nothing for you and will submit it right away.”

I’m not joking.

Aside from changing the offer to zero I would remain calm and follow up as the foreclosure date approaches because the closer to sale date the more willing the lenders.

Short sales continue to be VERY LUCRATIVE.

The 4 keys to short sale success:

1. Followup.
2. Be non chalauent with an almost “who cares” attitude.
3. Be working several short sale deals at a time.
4. Play the short sale game.

If you need more information on short sales check out a totally free resource at www.kickassshortsales.com.

Author: Gerald Romine

The hard cold reality is that the economy sucks. 

People are losing their houses to foreclosure. Companies are laying off people. Banks are shutting their doors. A new President is coming which will bring in even more change and uncertaintity.

In short things are rough for most people.

But here’s where we have to draw the line in the sand and YOU need to decide which side of the line you’re gonig to be on. The dumb and broke side or the smart real estate investor and getting richer side.

My question to you: Are you going to crawl up into the fetal position and cry like a baby and whine with everyone else over the economy? 

Most people will and statistically that includes you. Sorry to be so blunt but it’s decision time and you’re either going to step up or get rolled over.

Me? I’ve decided I’m not going to participate in the bad economy! Sorry… it’s simply not for me. 

So here’s 2 things I want you to do right now. (Take 15 WHOLE minutes to be by yourself).

1. Ask yourself… Am I satisfied with where I am going in my life? (if yes you are done)
2. Decide what you are going to do differently to get where you want to go in life.

I know… sounds simple but the sad truth is the dumb and broke people will do nothing and stay dumb and broke. They don’t have to buy anything, go anywhere, or do anything another than think and take fifiteen measely minutes of their time to participate in something that could be life changing. 

Pick your side of the line.

There’s your short and direct message from me to you. I’m hoping your in the 5% that take action.

Author: Gerald Romine

Lenders are freaking out and stressing out with short sales because of the current market conditions. In fact, there has been a major paradigm shift and lenders are accepting ridiculously low short sale bids and not even balking at paying real estate commissions.

The key is short sale contracts/offers must be packaged and presented to the lender/investor/loss mitigator/decision maker in the right format with all of the right documents to streamline and speedline the process.

To accomplish this give lenders a short sale package that does their job for them and makes it easy to sign off on your package without having to do research (www.kickassrealestatesoftware.com prepares perfect packages in 5 minutes instead of 5 hours).   All you want the lender to do is review your short sale package, order the BPO, and declare the deal a go!

The next step is to find a professional title company or closing attorney that specializes in short sale closings because they are worth their weight in gold.

How Much To Offer On A Short Sale

Because nobody knows how much further prices are going to fall it makes sense to make VERY LOW short sale offers to the lenders and it is not uncommon for lenders to accept 30% of the defaulted loan balance.

Let’s be clear… this is an aggressive short sale offer and MOST will be turned down but when you get one super short sale offer accepted it makes up for all the declines. You’re looking for killer deals and doing just a few per year will make you a wealthy real estate investor.

Take Action. Right now there are PHENOMENAL DEALS available in short sales and REO’s. With the glut of inventory you can make offers so low you will feel ‘weird’ until you experience the joy of success.

Make it happen then tell me about your success.

Author: Gerald Romine

So to bring a point home let me share an alternative bailout program that makes more sense.

Instead, I’m in favor of giving $85,000,000,000 to America in a We Deserve It Dividend.

To make the math simple, let’s assume there are 200,000,000 bonafide U.S. Citizens 18+.

Our population is about 301,000,000 +/- counting every man, woman and child. So 200,000,000 might be a fair stab at adults 18 and up..

So divide 200 million adults 18+  into $85 billion that equals $425,000.00.

My plan is to give $425,000 to every person 18+ as a We Deserve It Dividend.

Of course, it would NOT be tax free.  So let’s assume a tax rate of 30%.

Every individual 18+ has to pay $127,500.00 in taxes.  That sends $25,500,000,000 right back to Uncle Sam.

But it means that every adult 18+ has $297,500.00 in their pocket.  A husband and wife has $595,000.00.

What would you do with $297,500.00 to $595,000.00 in your family?

• Pay off your mortgage – housing crisis solved.
• Repay college loans – what a great boost to new grads
• Put away money for college – it’ll be there
• Save in a bank – create money to loan to entrepreneurs.
• Buy a new car – create jobs
• Invest in the market – capital drives growth
• Pay for your parent’s medical insurance – health care improves
• Enable Deadbeat Dads to come clean – or else

Remember this is for every adult U S Citizen 18+  including the folks who lost their jobs at Lehman Brothers and every other company that is cutting back. And of course, for those serving in our Armed Forces.

If we’re going to re-distribute wealth let’s really do it…instead of trickling out a puny $1000.00 ( “vote buy” ) economic incentive that is being proposed by one of our candidates for President.

If we’re going to do an $85 billion bailout, let’s bail out every adult U S Citizen 18+!

As for AIG – liquidate it.  Sell off its parts.  Let American General go back to being American General.  Sell off the real estate. Let the private sector bargain hunters cut it up and clean it up.

Here’s my rationale. We deserve it and AIG doesn’t.

Sure it’s a crazy idea that can “never work.”

But can you imagine the Coast-To-Coast Block Party!

How do you spell Economic Boom?

I trust my fellow adult Americans to know how to use the $85 Billion We Deserve It Dividend more than I do the geniuses at AIG or in Washington DC .

And remember, The “We Deserve It Dividend” plan only really costs $59.5 Billion because $25.5 Billion is returned instantly in taxes to Uncle Sam.

Gerald Romine

Note: I did not write the above article and the math error has been left intact.

Foreclosure rates are continuing at record levels and there is no end in site. Investors and homeowners of financial means have been hanging on and clinging to the hope and dream that things will soon turn around and get better. Many have been hanging on because they are financially sound, they are too proud to lose a home to foreclosure, or they were dreaming that somehow things would work out. They are waking up to reality in a cold sweat!

The homeowners and investors that have been hanging on and bleeding to death financially by supporting upside down houses are quickly coming to the conclusion that it is financially more prudent to lose a house to foreclosure because there is no point in riding the titanic to the bottom of the sea. If you have negative equity of 50K, 100K, or 250K it does not make sense to make payments on the loan when it would take years and years to recapture the losses by hanging on and hoping the prices return. Foreclosure has become a financial decision that now makes sense.

Walking away from an upside down house may ruin your credit now but many are discovering it is worth it to be rid of the negative equity that would lock them into losses for years! Because of this realization people are walking away from portfolios of houses that will be lost to foreclosure. The good news for investors is we can buy foreclosures and REOs for pennies on the dollar.

The next major setback for the market is effective October 1^st the Housing Act prohibits seller-assisted financing (presumably this includes the Nehemiah program) and this will lock millions of would be homeowners out of the market and add steam to the housing melt down. How many buyers do you know that have 10% available for a down payment?

The good news? Seller financing will return in force. Banks will be forced to accept lower offers on short sales and REO’s as a matter of necessity and many will carry their own financing. Investors will dominate because they have the means, skills, and ability to buy properties.

In fact, it is already happening and there are greater opportunities now in this emerging market that investors can exploit. In many areas it is now possible to buy newer houses at price levels not seen since the 1990’s. Lenders are negotiating as low as 30% of the defaulted debt amounts. Houses are selling for amounts that provide great cash flow for rental properties.

The best part about the so called housing crash is that it has all been manufactured and is not a real reflection of the market. Bold words… maybe. But if you look at the situation intelligently you can see that there is no shortage of people who want to buy houses. What has created the ‘housing crash’ is the money supply has been turned off which prevents buyers from getting loans and buying houses.

It’s just like a water faucet and the availability of money has been turned off and a draught has ensued. And like a water faucet the availability of money can be turned on at any time and when that happens there will be a rush of buyers to take advantage of the lower prices and the rebound will be in full swing. Imagine the popularity of a new President that ‘turned on’ the money supply and rescued the housing markets. It could happen that fast.

With the changing times there will be a changing of wealth as there has always been throughout history.  While most become victims of choice a few will become wealthy by taking action and seizing  the opportunity.

Author: Gerald Romine

A question I’m commonly asked is what effect does a short sale, deed in lieu of foreclosure, or foreclosure have on my credit and when can I buy another house?

Believe it or not a short sale, deed in lieu of foreclosure, and foreclosure all have roughly the same impact on your credit score. In other words your credit score is going to be hammered.

Most new loans are resold to Fannie Mae and Freddie Mac and beginning August 1 Fannie Mae generally will not buy loans to borrowers involved in a short sale in the last two years. A deed in lieu of foreclosure is 4 years. A foreclosure is 5 years.

Although your credit score will be treated the same your ability to buy a house will vary greatly since most lenders sell their loans to Fannie Mae and Freddie Mac.

Why Do Short Sales Get The Best Treatment

Short sales are the preferential loss to lenders because it saves them the trouble of having to sell the house!

This is POWERFUL information because it gives owners an incentive to work with you for completing a short sale because they have a better chance of buying a home in two years instead of 5 years if the home is foreclosed on! And when you can complete short sale packages in minutes negotiating short sales because easy and routine.

Author: Gerald Romine