“The secret to getting ahead is getting started. The
secret to getting started is breaking your complex,
overwhelming tasks into small manageable tasks and
then starting on the first one.”

Mark Twain

So Government mortgage giant Fannie Mae has just announced some interesting new mortgage underwriting guidelines in an April 14th bulletin to lenders. And among them is a tasty little tidbit that changes things for a certain slice of troubled mortgage borrowers — a time-frame change the investment community would do well to have on our radar.

For those who have previously released their homes through short sale or a “deed in lieu of foreclosure”, there has always been a waiting period required before you could apply for another Fannie Mae backed loan.

In 2008, the waiting period was reduced from five years to four. But effective July 1, 2010, this waiting period has been reduced to only 2 years.

The “Catch”?

Now to qualify after that two year period, the new regs state that a minimum 20% down payment will be required — unless there are “extenuating circumstances” such as job loss, health problems, divorce, etc…

But I’m thinking, doesn’t pretty much any short sale by default involve “extenuating circumstances”? I mean, just show them the hardship letter you submitted with your short sale docs. Case closed. At least that’s what I think – only time will tell.

Why This Matters to Investors

So why does this matter, and how should we, as investors, USE this information?

Well for starters, if you couple this with the Obama administration’s new Short Sale assistance program (where mortgage servicing companies are paid $1,000 to handle successful short sales and mortgage holders get $1,500 for signing over their property), you’ve now got more compelling reasons than ever for distressed homeowners and lenders alike to pursue a short sale rather than just throwing up their hands and “letting things go”.

And from the investor’s perspective, this is information you can now use when negotiating with a distressed seller, to help enlighten them to the benefits of working with you to pursue a short sale versus foreclosure.

(In case you didn’t know, the typical “it’ll do less damage to your credit than a foreclosure” argument doesn’t really hold water anymore.)

The new 2 year rule could also come into play for you if you’re retailing houses. My bet is that most folks who “lose their house” through short sale or deed-in-lieu will have no clue they can qualify again in as few as 2 years. Anyone smell an opportunity there? What about for 2 year lease options?

So just keeping you in the loop, guys.

Oh and just so you know, Fannie’s rival Freddie Mac remains unchanged in their waiting period. But historically whatever one entity does successfully, the other tends to emulate shortly thereafter. So it’ll be surprising if they don’t follow suit.

If you want to read more about this, here are a couple of good articles from Housing Predictor and The Washington Post.

What are your thoughts on this? I’d love to hear them…

I've attached this link to view some of the recently listed or updated foreclosed and "short sale" Single Family Homes in Milwaukee and Waukesha counties:

http://public.mlswis.com/link.html?rhowffpf9ji,,1

and here's a link to foreclosed and short sale Two-Family/Duplexes:

http://public.mlswis.com/link.html?rhowfh7td7t,,1

Please contact me at 262-844-1900 if you'd like us to create a custom Search for Home and Condos that matches your property Search for Home and Condos criteria. The results will be delivered to your email inbox every morning.

(this was originally published on Seth Godin's Blob
http://sethgodin.typepad.com/seths_blog/2010/04/how-to-buy-a-house.html )

This may seem a bit harsh but it is just plain speaking honest commentary regarding my experience as a buyer's agent.  The statements below are taken directly from the comments and behaviors of buyers viewing homes for sale.  It not meant to be negative but rather is meant to give sellers a bit of a look into the buyer's head.  A chance to see things from the buyer's perspective without the candy coating we agents typically put on things.

10) Leave your "friendly" dog roaming free inside the house when you know we are coming to see it.

Not all buyers are dog people.
Many whether they are dog people or not will actually be scared of your dog.
I have had clients refuse to go into homes because the dog was out.  Or they go in but don't stay long because the dog is either scared of them or overly friendly.  It's hard to pay attention to a home when your nether regions are being inspected by Fido. 
If the buyers are true dog people they are going to focus on the dog not on the house.
Trust me I have seen it happen. 
One way or the other your pet has effectively distracted the buyer from looking at your home.

9) Leave something aromatic cooking in the crock pot for your dinner that night

Not all buyers are going to be fans of your food choices.  In fact if it is particularly aromatic and something the buyer's don't care for, they are likely to ask me if I think the smell will come out or leave quickly because they don't like the smell. 
They were so focused on your food choice they didn't look at your house.

8) Keep photos of your family up throughout the house

Guess what, buyers are going to look at your family photos to try to figure out who you are, do they know you, how many kids do you have?

Guess what they are not doing?  Looking at your house.

7) Keep all your nick knacks out

I know they are precious to you but honestly they are distracting to the buyer.  Instead of looking at the fabulous mantle the buyer will be looking at all the items on the mantel.  As with family photos, buyers will often comment on these items trying to form opinions on who you, the sellers, are rather than focusing on the home.

Pack them up in boxes so you have one less thing to do later on moving day.

6) Make it difficult for me to show your house

I know selling your home is a pain, that you have a life and the appointment time I'm suggesting might not fit into your schedule.   
But, hey I have a buyer that wants to look at your house. 
You want to sell your house right? 
Know what happens when you can't make that appointment time work?  The buyer goes and looks at other houses that are available to see at that time.  Do buyers reschedule to see your house at a later date?  Often times not.  Many buyers find another home that they like or are just not interested in going back to see one they couldn't see right away.  I am not saying that you have to turn your life completely upside down and backwards.  I am just saying that if our appointment time does not work for you don't be surprised when we don't reschedule.  The buyer is likely to have moved on.

5) To continue on the pet theme, leave your cat roaming free throughout the house with a note by the front door stating "Please do not let the cat out".

You are setting up a stressful rather than relaxing situation for the potential buyer and for me the buyers agent.  Buyers are forced to dash in and out of doors rather than wander freely throughout the home and property.  They miss out on the opportunity to call back into the house to their spouse or partner that "they have got to come see this garden, bbq area, hot tub etc" because they had to shut the door so the cat didn't get out.  If they do get wrapped up in looking at the house and forget to shut doors I have to remind them instead of pointing out the features and benefits of your property.  You just made me the nagging hall monitor instead of the helpful agent.  When your pet does manage a jail break, as I swear 99% of them do, I am forced to give chase to Houdini the Wonder Kitty.  Meanwhile my buyers are cooling their heals either irritated that we are off schedule or more likely worried that you are going to be mad if we don't catch your pet and get them back inside your home.

Again the focus has been shifted away from your home.

4) Don't replace burned out light bulbs or use low wattage bulbs.

Yes I know it's only the laundry room, a closet or the spare bedroom you never use but guess what? The buyer wants to see these spaces and when the buyer can't see it they can't form an opinion.  Use a good high watt bulb that appropriatley lights the space.  While the lower wattage bulb will save on your electric bill it will also make for a dark space.  Dark spaces do not impress buyers.  I will typically bring a flash light to help out when a bulb is out but it is still not the same as having a working bulb with the appropriate wattage to light the room to the best benefit.  Buyers will focus on the burned out bulb instead of the space.  Is it just the bulb?  Is there something wrong with the fixture?  If the bulb is dim buyers will focus on how dark the space is instead of how useful it might be.

Don't give them a chance to wonder and worry just replace the bulb and show off the assests of your home in the "best light".

3) Close all the curtains and turn off all the lights

When we walk into the house instead of immediately noticing the great things about the house we are going to be fumbling around looking for light switches.  It is likely that either I or one of the buyers may stub a toe on a hall table trying to find the switch.  Buyers are hesitant to enter dark areas.  In a home that is dark the buyers tend to follow me around as I turn lights on instead of lingering in various rooms to focus on what they might like about a room.  They feel more like they are intruding and less like they are welcome.  Instead of paying attention to the homes benefits they worry about whether they remembered to turn a light off as they left a room.   They also don't get as much of my attention because instead of being able to answer their questions about whether or not the fridge is included or what the square footage of the lot is I am running around opening and shutting drapes and turning light switches on and off.

I know it may not be practical to leave all the drapes open and all the lights on all the time.  At least leave the drapes open on the windows with the best views and leave a few lights on so we can find our way around the house.  If it was on when we got there I will leave it on when we depart.  If it was off I will turn it off.  Please at least leave the porch light on.  I do carry a flashlight but it is just not the same as pulling up to a home with a welcoming porch light on.

2) Turn the heat down

I know especially if you have already moved out that you would like to save on that energy bill but if it is colder in your house than it is outside buyers don't want to linger.  They don't get a warm cozy feeling from your home.  They just feel cold and that feeling transfers to an emotional opinion of your home.  If you can't keep the heat all the way up at least keep it at 55 so we are comfortable in our coats and for heaven sake if you are going to turn the heat down don't expect us to take our shoes off, leave some shoe covers.

One of the quickest ways to drive a potential buyer out of your house is to make them view a cold house in stocking feet.  It is hard to admire the spacious kitchen when your feet are being flash frozen by the cold tile floors.

1) Stay in your home while we are showing it

This is the BEST most SURE FIRE way to make a large majority of buyers uncomfortable.  Buyers don't even come close to paying attention to the features and benefits of a home if you are there.  They are so nervous about offending you and so uncomfortable looking at your home while you sit in your living room or worse follow them around that they rush through. They will tell you thanks for letting them look and dash out. Upon leaving they can't begin to tell me if they noticed what colors the wall were, if there was carpet in the living room or if they liked the kitchen or not. 

What they do tell me is "That was uncomfortable", "I don't like looking at homes when the seller is there" and "Can you make sure the seller will be gone at the next one, if they are there I don't want to see it"

Leave, even if you go sit in your car, take a walk around the block or dash over to your neighbors, just leave.  The buyer will stay longer and pay more attention to your home then if you are there.  If they are interested in your home and have questions I will call your agent and ask.  Think about it.  Would you feel comfortable wandering through someone's master bedroom and checking out the closet space while they were sitting in the living room?

If the buyers fall in love with you home and decide to make an offer there will likely come a time where they will want to meet you and discuss your home at length and in detail with you. Typically buyer's and seller's agents are more than happy to set up this meeting.  It is just not the first time the buyers are viewing your home.

Again, Please keep in mind these statements are meant to be helpful to sellers and give them a chance to look at things from the buyer's perspective.  These are just some of the things that may not typically be thought of as a big deal but do in fact distract buyers focus. 

Here's todays link to the most recent activity for Foreclosed and Distressed homes around Milwaukee and Waukesha counties: 

http://public.mlswis.com/link.html?revxfwdzngy,,1

Also be sure check out these links to Changes and FAQ's about  updates to the recently signed Homebuyer Tax Credit ... Good News for just about everyone.

As always when you're ready to see any of these please call me at 262-844-1900.

Here's todays link to the most recent activity for Foreclosed and Distressed homes around Milwaukee and Waukesha counties: 

http://public.mlswis.com/link.html?revxfwdzngy,,1

Also be sure check out these links to Changes and FAQ's about  updates to the recently signed Homebuyer Tax Credit ... Good News for just about everyone.

As always when you're ready to see any of these please call me at 262-844-1900.

This is great news and it’s with bi-partisan agreement. It appears that the first time home buyer credit will be extended…but no specifics.

Talks have it so that the plan may be:

• in place through the end of 2010.
• May be a “step-down” plan that will reduce the benefit every quarter.
• A credit of 10% of sale price with a Max cap of $7,290.
• Also may benefit “step-up” buyers…buyers who have lived in their home for more than 5 years and buying “up.”

However it shakes…this is great news.

Below is the supporting article from DSNews.com release today:

“The U.S. Senate’s chief Democrat, Majority Leader Harry Reid (Nevada), said Wednesday that his party has reached a consensus to extend the first-time homebuyer tax credit, which is set to expire November 30.

Senate Banking Committee Chairman Christopher Dodd (D-Connecticut) has voiced the same sentiment to the media today, as well.

But the party support isn’t one-sided. Reuters reported that the chamber’s foremost Republican, Sen. Mitch McConnell (Kentucky), acknowledged that most senators support the measure, quoted by the news agency as saying he shares Reid’s view.

Reid summed it up on the Senate floor when he said, “There has been general agreement by a significant number of senators, Democrats and Republicans, to get this done.”

As DSNews.com reported Tuesday, the proposal gaining the most favor among Senators was an amendment offered up by Reid and Senate Finance Committee Chairman Max

Baucus (D-Montana), which would extend the tax incentive until the end of 2010, but reduce the credit amount with each quarter.

Take two: The tax break measure has gotten yet another makeover. The latest version reduces the credit to 10 percent of the sale price, with a cap of $7,290 – as opposed to the $8,000 maximum currently in place. The benefit could be applied to home sales signed – not closed – by April 30, 2010, allowing 60 days beyond that date for closing.

It would also be opened up to buyers who have lived in their current residence for at least five years, so-called step-up buyers. The income limits for first-time homebuyers would stay the same – $75,000 for individuals, $150,000 for couples – but increase for step-up buyers to $125,000 for individuals and $250,000 for couples.

Andrew Parmentier, a managing partner at Height Analytics, a research firm in Washington, told Bloomberg News that the demand for new homes and condominiums may more than double with step-up buyers as part of the equation. “You just opened up a whole new pool of people who can buy into those empty homes and empty condos that were built out,” Parmentier said – a move that would aid the existing-home market as well, as overall inventory levels are reduced.

A Senate vote on the credit extension was expected to come last night, but reportedly got entangled in legislative procedural issues. The tax credit amendment did not get attached to an insurance benefit bill, which did pass Tuesday night, as intended. Despite the red-tape roadblock, senators say a decision will be made sometime this week”

New, Stricter FHA Condominium Lending Guidelines Coming Nov. 2: First Time Buyers Affected

Originally posted on the Massachusetts Real Estate Law Blog

Breaking News: 10/1/09–The FHA Has Delayed Implementation Of New Rules Until November 2, 2009 To Coincide With Expiration of First Time Home Buyer $8,000 Tax Credit

Under revised guidelines which were to be effective October 1, 2009 but now delayed until November 2, 2009, the Federal Housing Administration (FHA) is implementing a new stricter approval process for condominiums to be eligible for FHA financing. Like the Fannie Mae regulations issued earlier in the year, the new FHA guidelines will surely slow down condominium mortgage financing, and negatively impact first time home buyers for condominium units.

For those who don’t know, FHA is a government program designed to help more people buy homes, and more borrowers will qualify with FHA financing than with conventional. It is a low down payment (3.5% down) program and the credit standards are much looser. The mortgage rates are typically better, as well.

To obtain a FHA mortgage on a condominium, the project must be FHA approved. Prior to these changes, there were two ways a condominium could be FHA approved: (1) full project approval, and (2) “spot” approval. Full project approval means that FHA has already done the approval on the entire condominium. Spot approvals were performed on non-FHA approved projects on a loan by loan basis, and were a way to make FHA loans available to home buyers in well run condo projects even if they haven’t gone through the full approval process.

No More Spot Approvals

Under the new guidelines, the popular spot approval process will no longer be available and will be replaced with something called a Direct Endorsement Lender Review and Approval Process (DELRA). FHA claims the DELRA process is more uniform and streamlined that the former spot loan approval process. Also, full project approvals expire every two years, so condominiums will have to re-certify every 2 years.

New Project Eligibility Guidelines

Under the new project eligibility requirements, all condominiums (consisting of 2 or more units) must meet the following requirements:

• At least 50% of the units of a project must be owner-occupied or sold to owners who intend to occupy the units. For proposed, under construction or projects still in their initial marketing phase, FHA will allow a minimum owner occupancy amount equal to 50 % of the number of presold units (the minimum presale requirement of 50 percent still applies).
• Projects must be covered by hazard and liability insurance and, when applicable, flood insurance.
• At least 50% of the total units must be sold prior to endorsement of any mortgage on a unit. Valid presales include an executed sales agreement and evidence that a lender is willing to make the loan.
• No more than 15% of the total units can be in arrears (more than 30 days past due) of their condominium association fee payment.
• No more than 25% of the property’s total floor area in a project can be used for commercial purposes.  The commercial portion of the project must be of a nature that is homogeneous with residential use, which is free of adverse conditions to the occupants of the individual condominium units.
• Reserve Study - a current reserve study must be performed to assure that adequate funds are available for the funding of capital expenditures and maintenance. A current reserve study must be no more than 12 months old – if recent events or market conditions have affected the finished condition of the property that information must be included. When reviewing the reserve study, consideration must be given to items that have been replaced after the time that the reserve study was completed. The regulations don't definition of what is "adequate," however. Guidance may be found in the new Fannie Mae guidelines which mandate at least 10% of annual operating budget in reserves.
• No more than 10% of the units may be owned by one investor.  This will apply to developers/builders that subsequently rent vacant and unsold units.  For two and three unit condominium projects, no single entity may own more than one unit within the project; all units, common elements, and facilities within the project must be 100% complete; and only one unit can be conveyed to non-owner occupants.
• Rights of first refusal are permitted unless they violate discriminatory conduct under the Fair Housing Act.

Buried in the fine print is a requirement for an affirmative action-type housing plan. For both new construction and conversions, if the developer intends to market 5 or more units within the next 12 months with FHA mortgage insurance (that would be most), an Affirmative Fair Housing Marketing Plan (AFHMP) or a Voluntary Affirmative Marketing Agreement (VAMA) must be in place. An affirmative fair housing marketing plan requires that the racial, socioeconomic, and ethnic composition of the condominium residents closely mirror that of the neighboring area, to the greatest extent possible. Most new condominiums don’t have these in place.

Click here for the new FHA condominium guidelines. You can look to see whether a condominium is approved on the HUD Homes & Communities website located here. Here is the FHA Condominium Mortgage webpage.

The Impact: More Work For Lenders, Condominium Associations/Managers And Attorneys

I expect FHA lenders will approach condominium association boards and managers, asking for certain information, certifications, and even legal opinions regarding compliance with FHA (and Fannie Mae) legal requirements. If a condominium is not on the FHA-approved list, or has lost its approval, condominium associations should consider applying for approval (or re-approval). Reportedly, FHA/HUD is backlogged a month or more in reviewing submitted applications. Thus, should your condominium need to be submitted for approval, keep in mind the process may take some time. Also keep in mind that the work to compile and complete the application package itself can take weeks, and require the board, its manager, and legal counsel to gather data, documents, and expert opinions required for FHA approval. The package of materials that must be submitted can vary from condominium to condominium, and often requires an updated reserve study and certain legal opinions.

Having issued numerous opinion letters and certifications under the similar Fannie Mae condominium regulations, our office is well equipped to assist lenders and buyers with FHA loan compliance issues. Contact rvetstein@vetsteinlawgroup.com for more information.