I’m Doing A Short Sale, Can My Lender Take My Retirement?

I’m Doing A Short Sale, Can My Lender Take My Retirement?

One of the top questions we get asked is what happens to the retirement accounts when doing a short sale? Here is the info:

401ks, 403bs and Pensions

Your lender is not permitted to “raid” or liquidate employer-sponsored 401k, 403b or pension plans thanks to ERISA, the Employee Retirement Income Security Act. In fact, other than the IRS or former spouses, these accounts are protected from all creditors. It is never considered advisable to liquidate or borrow against your retirement savings to save your home. If you recently rolled over money from an employer-sponsored plan into an IRA, that money is protected as well. Be sure to save your account statements that show the rollover.

For more information about short sales please ask for Kristine Halverson of Prudential at 310-737-8173


Top Question Asked When Buying A Short Sale, Who Pays For Closing Costs?

Buyers and sellers want to know who pays the closing costs in a short sale? As a buyer you want to ask your agent this question before you write an offer. The best time to ask it is during your first meeting. In a short sale all terms, conditions and closing costs are subject to lender approval. Sounds pretty vague, right?
Let me tell you what closing costs you should ask for when writing a contract. Then I will tell you what they actually pay.

Buyer should ask the Seller to pay:

  • Sellers escrow fees
  • Sellers title insurance
  • Property taxes-including any back taxes
  • County taxes
  • City Required Reports
  • Retrofitting
  • Natural Hazard Disclosure
  • Termite Report & Repairs
  • Home Warranty
  • HOA transfer fee
  • HOA documents
  • HOA back dues if any

Here is what the seller’s lender typically approves to pay:

  • Sellers escrow fees
  • Sellers title insurance
  • Property taxes-including any back taxes
  • County taxes
  • Natural Hazard Disclosure (Sometimes)
  • Termite Report & Repairs (Credits)
  • HOA back dues if any (Sometimes)

Each lender is different and has their own policies on what they are approved to pay. That’s why it’s a good idea to ask for these closing costs to be paid. Keep in mind that short sales are a great opportunity to get a discount on a property. Chances are some of the closing costs will not be paid. So be prepared when you receive the lender approval for your offer, all the fees might not be covered by the Seller and their lender.
For more information on selling or buying short sales, contact Kristine with Prudential CA Realty, Santa Monica -Short Sale Specialist,  310-737-8173.

California Foreclosure Timeline, Yes, Santa Monica Applies

In California, lenders who intend to foreclose on a property when the loan is delinquent typically use the nonjudicial foreclosure process also known as a trustee’s sale.  This process is less expensive for the lender than the judicial foreclosure process.  A nonjudicial foreclosure doesn’t require a court proceeding and, thus, is a more expeditious process.  From here on, whenever the term “foreclosure” is used, it is referring to a trustee’s sale. (This includes Santa Monica)

With foreclosures being so prevalent and with so many homeowners being at risk of losing their homes to foreclosure, we need to be able to assess whether we have sufficient time to market the property and close escrow before the property is lost to foreclosure.  Therefore, this article provides a foreclosure timeline to assist us in their assessment of the time remaining before a possible foreclosure occurs.

FORECLOSURE TIMELINE FOR LENDERS

Loans Made Between Jan. 1, 2003 and Dec. 31. 2007 on Residential One-to-Four Unit Owner-Occupied Properties Other Loans
DAY 1: CONTACT THE BORROWERUnder Cal. Civ. Code § 2923.5(a) the lender must contact the borrower by phone or in person to assess the borrower’s financial situation and explore options for avoiding foreclosure.  During the conversation, the lender must inform the borrower of the right to meet with the lender within 14 days.  The lender must also give the borrower the toll-free number for finding a HUD-certified housing counseling agency.Note:  In the 2010 case, Mabry v. Aurora Loan, the court held that a borrower can file an injunction to postpone the foreclosure sale if the lender doesn’t comply with this law, but cannot overturn the foreclosure sale once it has been conducted.
DAY 31:  RECORD THE NODThe NOD must be filed in the county where the property is located. The language of the NOD can be found in Cal. Civ. Code § 2924c(b)(1).The NOD must include the lender’s declaration that it has contacted the borrower to explore options for avoiding foreclosure, tried with due diligence to contact the borrower, or the borrower has surrendered the property (Cal. Civ. Code § 2923.5(b)).Within 10 days after recordation of the NOD: A copy of the NOD must be mailed by registered or certified mail to the borrower/trustor and to any parties with a recorded Request for Notice as indicated in Cal. Civ. Code § 2924(b)(1).  (Cal. Civ. Code § 2924b(b).)Within 30 days after recordation of the NOD: the lender must mail a statutory notice to the borrower as described in Cal. Civ. Code 2924f(c)(3). DAY 1:  RECORD THE NODThe NOD must be filed in the county where the property is located.   The language of the NOD can be found in Cal. Civ. Code § 2924c(b)(1).Within 10 days after recordation of the NOD: A copy of the NOD must be mailed by registered or certified mail to the borrower/trustor and to any parties with a recorded Request for Notice as indicated in Cal. Civ. Code § 2924(b)(1).  (Cal. Civ. Code § 2924b(b).)

Within 30 days after recordation of the NOD: the lender must mail a statutory notice to the borrower as described in Cal. Civ. Code 2924f(c)(3).

DAY 116 – 121:  RECORD THE NOTICE OF TRUSTEE’S SALEThe Notice of Trustee’s Sale must set forth the date, time, and place of the Sale.  It must also include the total amount of the unpaid balance and reasonably estimated costs, expenses, and advances at the time of the initial publication of the Notice.  It must be recorded, posted, published, and also mailed by registered or certified mail as well as first class mail to the borrower (Cal. Civ. Code § 2924f).25 days prior to Trustee’s Sale:  Notice of Sale sent to IRS in case there is an IRS lien recorded more than 30 days before the date of the Sale (Cal. Civ. Code § 2924b(c)(4); 26 U.S.C. 7425(b)).20 days prior to Trustee’s Sale:  Notice of Trustee’s Sale must be recorded at least 20 days prior to Sale (Cal. Civ. Code § 2924f(b)).20 days prior to Trustee’s Sale: Notice of Sale publication begins (must run once a week for 3 consecutive weeks in a newspaper of general circulation) (Cal. Civ. Code § 2924f(b)).

20 days prior to Trustee’s Sale:  Notice of Sale must be mailed by registered or certified mail to everyone who is entitled to receive a NOD.  In addition, the Notice of Sale must also be mailed by 1 st class mail to the borrower (Cal. Civ. Code § 2924b(b)-(c)).

DAY 86 – 91:  RECORD THE NOTICE OF TRUSTEE’S SALEThe Notice of Trustee’s Sale must set forth the date, time, and place of the Sale.  It must also include the total amount of the unpaid balance and reasonably estimated costs, expenses, and advances at the time of the initial publication of the Notice.  It must be recorded, posted, published, and also mailed by registered or certified mail as well as first class mail to the borrower (Cal. Civ. Code § 2924f).25 days prior to Trustee’s Sale:  Notice of Sale sent to IRS in case there is an IRS lien recorded more than 30 days before the date of the Sale (Cal. Civ. Code § 2924b(c)(4); 26 U.S.C. 7425(b)).20 days prior to Trustee’s Sale:  Notice of Trustee’s Sale must be recorded at least 20 days prior to Sale (Cal. Civ. Code § 2924f(b)).20 days prior to Trustee’s Sale: Notice of Sale publication begins (must run once a week for 3 consecutive weeks in a newspaper of general circulation) (Cal. Civ. Code § 2924f(b)).

20 days prior to Trustee’s Sale:  Notice of Sale must be mailed by registered or certified mail to everyone who is entitled to receive a NOD.  In addition, the Notice of Sale must also be mailed by 1 st class mail to the borrower (Cal. Civ. Code § 2924b(b)-(c)).

DAY 135:  LAST DAY TO CURE DEFAULTUp to 5 business days before the Trustee’s Sale, the borrower may reinstate the loan (bring the loan current) by paying the missed payments plus allowable costs. Note:  If the Sale is postponed the date that the borrower may reinstate is postponed accordingly. (Cal. Civ. Code § 2924c(e).) DAY 105:  LAST DAY TO CURE DEFAULTUp to 5 business days before the Trustee’s Sale, the borrower may reinstate the loan (bring the loan current) by paying the missed payments plus allowable costs. Note:  If the Sale is postponed the date that the borrower may reinstate is postponed accordingly. (Cal. Civ. Code § 2924c(e).)
DAY 141:  TRUSTEE’S SALE FORECLOSUREAfter the last day to cure the default, the borrower still has the right to redeem the property but he/she must pay the entire debt, plus interest and costs before the bidding begins at the Sale (Cal. Civ. Code §§ 2903, 2905).At the Trustee’s Sale, the property is sold through a public auction to the highest bidder.  Title is transferred to the successful bidder by Trustee’s Deed. DAY 111:  TRUSTEE’S SALE FORECLOSUREAfter the last day to cure the default, the borrower still has the right to redeem the property but he/she must pay the entire debt, plus interest and costs before the bidding begins at the Sale (Cal. Civ. Code §§ 2903, 2905).At the Trustee’s Sale, the property is sold through a public auction to the highest bidder.  Title is transferred to the successful bidder by Trustee’s Deed.

 

Bottom Line:  The minimum time for a trustee’s sale foreclosure (nonjudicial foreclosure) is 110 days after the NOD is recorded for most loans (plus 30 days for loans made between Jan. 1, 2003 and Dec. 31, 2007 on owner-occupied residential one-to-four unit properties).

If you are facing a trustee’s sale on your Santa Monica home. For a no obligation consulatation please contact Kristine Halverson, a Santa Monica short sale specialist, 310-737-8173.

How Can a California Short Sale Specialist Help Troubled Homeowners?

How Can a California Short Sale Specialist Help Troubled Homeowners?

Even with moving assistance and financial aid packages starting to pour in from banks, there are still hundreds or even thousands of homeowners who won’t qualify for such help and are thus in dire need of the services of a Santa Monica short sale specialist. Some time ago, the courts have ordered a number of banking corporations to offer additional financial aid – or even return deeds to previously foreclosed homes – to homeowners who have been wrongfully evicted from their properties.

If, however, you are only in the brink of foreclosure then such financial aid packages are not yours to enjoy. There is still a good chance that your bank or creditor would seize your property and foreclose it if you don’t take proper precautionary measures ahead of time. One such measure would be to approach a California short sale specialist and get him or her to help you.
Are Short Sales the Ultimate Solution?
Unfortunately, not all homeowners would be considered eligible for short sales. The conditions vary from one creditor to another. Ultimately, however, you or – more specifically – your Santa Monica short sale specialist would have to prove that it’s to everyone’s benefit that you are allowed to short sell your home as soon as possible.
What Do Short Sales Entail?
Let’s say that your house in Santa Monica may be sold today at $1,000,000. Unfortunately, your home used to be worth $1,20,000 and in fact you have mortgaged it to the hilt and thus owe the bank $1,200,000. Obviously, it would be pretty impossible for you to sell your home at its original price. But if you sell your home based on its current market value, then that would mean losing about $200,000 in the process.

  • $1,200,000 Original value of your home or the amount of your mortgage balance
  • $1,000,000 Present market value of your home
  • $200,000 Negative balance if you sell your home at its present market value

This won’t be that big a problem if you fully own your property and it’s not encumbered in any way. Although you are losing $200,000 technically, it’s not something that would significantly hurt your finances.
But it’s different if you owe $1,200,000 on your home and are no longer able to keep up with mortgage payments. To prevent foreclosure and an unwanted blemish on your credit record, you would need to sell the home. But even if you do sell it, you would still be left with a $200,000 debt you can’t pay.
Now, this is the part where a Santa Monica short sale specialist can step in and help you out.
A short sale specialist would do the following to ease your burden:

Prepare a short sale package to convince your creditor about the rightness of short selling your home
Find a buyer for your short sale home
Obtain the best possible post-short-sale condition for the remaining $200,000 balance of your mortgage
Expedite the process for selling your home to prevent foreclosure

Fore more information contact Kristine Halverson of Prudential CA Realty, at 310-737-8173

Inspirational Retreat Home, 425 26th St Santa Monica – North of Montana

For the buyers who have been looking for the perfect home, and seem to keep missing an opportunity, this is your time.

425 26TH ST, Santa Monica, CA 90402 (MLS # 11560737)

(all data current as of 3/27/2012)
Price $2,790,000
Beds 5
Baths 6 full, 1 half
Home size 4,876 sq ft
Lot Size 10,725 sq ft
Days on Market 162
Bank Approved Price. For the buyers who have been looking for the perfect home, and seem to keep missing an opportunity, this is your time. Your time to live in coveted North of Montana. Built in 2006, with a large lot, this is a legacy home you keep in the family. A custom home was created with care and thoughtfulness. Fall in love when you walk up to the impressive yet welcoming entry and every room will captivate your heart. Melt stress away in the steam room and lounge by the pool on balmy summer days. Grassy area beside the pool is perfect for outdoor parties or summer barbecues. Gourmet kitchen, laundry up and downstairs, and great closet space. Rare large lot, room to live, and great for entertaining guests. Gorgeous and inspiring home nestled in the perfect spot to reach Santa Monica and Brentwood's finest. A few blocks from Brentwood Country Club and a short walk to Brentwood Country Mart. Please do not disturb occupants. Call agent for showing.

Property Type(s): Single Family, Residential

Last Updated 3/14/2012 Tract n/a
Year Built 2006 Community Santa Monica
Garage Spaces 2.0 County Los Angeles
Total Parking 2 Walk Score ® 62

Price History

Prior to Nov 29, '11 $2,900,000
Nov 29, '11 - Mar 5, '12 $2,800,000
Mar 5, '12 - Today $2,790,000

Additional Details

Building Size 4876 CARETS Listing Status Active
Total Floors 0 Bath Full 6
Bath Half 1 HOAFee1 0.0
Zoning LARE11 Garage Spaces Total 2
Tax Parcel Number 4264004020

Features

Appliances Dishwasher, Garbage Disposal, Refrigerator
Bathroom Features Powder Room
Bedroom Features 2 Master Bedrooms, Main Floor Bedroom
Building Structure Style Mediterranean
Common Walls Detached/No Common Walls
Cooking Appliances Microwave, Range
Cooling Type Central A/C
Eating Areas Dining Area
Entry Location Ground Level w/steps
Fireplace Rooms Living Room
Floor Material Hardwood, Tile (N)
Garage Spaces Total 2
Heating Type Central Furnace
Interior Features Intercom
Laundry Locations Inside, Other - See Remarks
ListingAgreement ExclusiveAgency
Lot Description Lot Shape-Rectangular
Lot Size Source Vendor Enhanced (N)
Other Structural Features Balcony
Parking Features Direct Garage Access
Parking Type Garage
Patio Features Covered Porch
Pool Descriptions Heated
Rooms Den, FamilyRoom, LivingRoom, Other
Spa Descriptions Hot Tub
SpecialConditions Short Pay Subject to Lender
Square Footage Source Vendor Enhanced (N)
View Any View, Tree Top View

Location

Contact Kim & Kristine

310-737-8173