Honesty in Flipping – What to Disclose

By: David Reinholtz

This article is about flipping short sale properties, and the parameters associated with this are much different than other types of property sales and investment and should not be assumed to apply to other, more traditional forms of sales. Short sales, as most people are now aware, occur when a property owner is behind on his or her payments and makes an arrangement with their mortgage lender to sell the property for less than its assessed, or true, value in order to avoid foreclosure, the stigma that goes along with it, and the credit damage that can come from it.

If your client, or someone you know, is in the business of short sale investing, meaning they intend to purchase short sale homes and immediately turn around and resell them for a profit, there are legal questions that go along with the process, many of which have never been addressed, but will undoubtedly come to light in a court of law at some point in the foreseeable future.

While buying a short sale home at a bargain and turning around and selling it at its regular price, or slightly less than its assessed value is completely legal, the term ‘fraud’ is being tossed around lately and it may behoove the serious investor to make every effort to offer full disclosure, or at least a modest modicum of disclosure to all parties involved.

The scenario

Imagine this scenario: You’re a homeowner who has fallen on hard times. You or your spouse may have lost his or her job and despite your best efforts, you can’t keep up with the mortgage payments. You are facing the barrel of foreclosure and work out an agreement with your lender to go ahead with a short sale. You know your home is in great shape, the lawn is meticulously maintained and you added a new kitchen and bathroom.

You have no choice but to let go of this home because you want to buy another one as soon as you recover from your financial setback, so the short sale seems fair. Several interested buyers flock to your house immediately and within a few days, maybe even that same day, you have an offer on it. The bank agrees and you sell the home, getting out from under your financial burden.

Two weeks later, you learn that your home suddenly sold for near full value. Perhaps forty thousand dollars more than you sold it. This is enough to feel as though you were taken advantage of. Maybe it’s enough to consult a lawyer. After all, if your home sold for its assessed value two weeks after the short sale, you could have made that sale directly.

Putting yourself in someone else’s shoes is the best way to determine what level of honesty should be used during the process.

Letting the homeowner know the truth

In most cases, homeowners who partake in short sales don’t have a choice, so whether you are going to turn around and sell their home at a profit or not, they don’t have the luxury of hanging onto any longer. Being upfront may sting for the homeowner, but you are protecting yourself legally.

The same holds true for the lender. Mortgage lenders make loans based on long-term earnings through interest rates. If they are aware of the intention to flip the house, there are some lenders that would not be willing to make the loan. Posting a statement of your intentions within the contract (which, as we all know, can be upwards of 100 pages or more), will cover you legally. Remember, loan officers don’t tend to read the contract thoroughly. You’re covered nonetheless from any legal action that uses the phrase ‘fraud’ in the future.

No legal obligation

While investors intending to flip short sale homes are under no legal obligation to disclose their intentions, most, if asked, wouldn’t want to become the guinea pigs in a legal dispute over a fraud allegation. Full disclosure is always a safe bet.

David

About the Author

David is the Founder and CEO of LoanOfficerSchool.com, an approved education provider for The Conference of State Bank Supervisors and The National Mortgage Licensing Systems’ (NMLS) required pre-licensing education and continuing education.

(ArticlesBase SC #3040471)

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While home foreclosures are on the rise, there is another side of this economic dilemma. Many investors are targeting foreclosures as profitable investments; unfortunately, this is not good news for most homeowners. Foreclosures are causing property values to decrease therefore reducing the value of homes that are not facing foreclosure. While people like to point out the good things about foreclosure, the key to preventing this from happening across the United States in too a avoid foreclosure in the first place.

Foreclosed homes invite vandals and a squatter looking for a place to go that is out of the weather. This spells disaster for neighborhood that has a high rate of foreclosures. Vacant properties will bring trouble and therefore drive property values down.

When lenders try to unload foreclosure properties as quick as the can, in many cases this means that lenders sell the properties at up to 40 – 50% of the market value. Even with properties selling this low, some foreclosures can remain vacant for an extended period. Just because the home is sold does not mean that there is someone moving in, many investors have vacant properties in there portfolio.

Here are a couple things that you can do to help protect the value of your home:

Keep your eyes open

Keeping watch of the properties in the area that have been foreclosed and are not vacant will help to keep your neighborhood free of vandals and squatters. Foreclosures are on the rise and thousands of homes a month are going into foreclosure. Keeping watch of the homes in your area will help keep the vandals from stealing appliances, damaging the property and forcing lenders to board up properties. Boarded up properties, are invitations to more trouble property values. Lenders will sell homes that have been boarded up for even less, just to move the property.

Do not panic and sell

Home ownership is a long-term investment, and while foreclosures are, on the rise, they will level out and the market will recover at some point. Remain calm and do not panic, no is probably not the time to sell your home especially if you are trying to make a little money. Home values are being driven down; buyers are looking to buy them cheap and below market value right now. In some cases you can still sell your home for a profit as originally planned, do not try to sell just because the local markets are flooded with foreclosures.

Home foreclosures are expected to rise considerably more in 2008, so hang in there, do not dump your house just because of foreclosures in your area. You bought it as a long-term investment to begin with, and this is a short-term problem. The houses market will recover at some point and your property value will likely rise once again.

In the United States, most properties are sold through professional real estate agents. However, many list their homes or properties for sale by owner. Most do this because they have complete freedom over the sale. They can choose how much they want to sell the property for, to who, and when. With the current state of the real estate market, many selling their homes are doing so to avoid foreclosure. They simply cannot afford the property anymore. A sale prevents foreclosure.

If you are looking to buy your first home for cheap or make a profit through renting or reselling, you should target these types of homes. Unfortunately, it isn’t always easy. Most home sellers will not Advertise upfront that they are selling their home to avoid foreclosure. First, you need to schedule a meeting. Ask to for a showing of the property. Start a conversation. Be friendly. In no time at all, you may have the full story behind the sale. It may be due to relocation, but it may also be due to foreclosure. If this is mentioned, ask out of curiosity for the mortgage lender’s name. Be discrete about it. “Who is your mortgage lender? They really aren’t willing to work with you?”

If you like the property in question, inquire more about the selling price. Is it inline with the home’s appraised value? It should be. In fact, it should be less. A homeowner who is selling their home to avoid foreclosure should be willing to take just about anything. Their main goal should be to pay off their mortgage. This mean you should get a good deal. If not, try bargaining first. If the outstanding mortgage is a relatively low or affordable figure, offer that as your asking price. As a good deed, offer to throw in an extra thousand or so for the cost of relocation or first and last months rent. If you are met with a refusal, you may just move on. But, you do have another option.

As previously stated, you want to get the name of the mortgage lender. Although a little deceitful, it can result in a low-cost home or property for you. What you do is approach the lender. Speak to a loan officer. State you tried to buy the home, but the sellers were asking too much. Emphasize your interest in the home, but state your unwillingness to pay an unfair value. See what the mortgage lender can do for you. In fact, suggest a short sale. Only do this if the borrow and current home seller outright stated that their home will be foreclosed on.

A foreclosure short sale is an agreement between the mortgage lender and the homeowner. They agree to sell the home for less than the outstanding mortgage on the home. Borrowers accept this to avoid foreclosure. The home sells and they don’t have a foreclosure listed on their credit report and bankruptcy is avoided. Mortgage lenders agree to short sales because they want their money, even if less than what is owed. It also saves them from long and costly foreclosure proceedings, where many borrowers and occupants become difficult and unruly.

If you approach a financial lender acquiring about a short sale, it will not happening right away. Remember, the borrower is still trying to sell their home independently. With the poor state of the real estate market, many homebuyers are unable to secure needed financing. This means that many homes sit on the real estate market for months. It may take a month or more or threats from a mortgage lender about foreclosure before the borrower agrees to a short sale. But, if you approached the mortgage lender and already made an offer, you should be the first person they contact!

Convincing a mortgage lender to agree to a short sale on a property you do not own is risky. You risk insulting the mortgage lender and the homeowner, but if you want to profit from soon-to-be foreclosed properties, you must take risks.

Are you looking to profit from the poor real estate market? If so, you will find a lot of tips and information online. Most “professionals” encourage you to target foreclosures and foreclosures alone. Yes, foreclosures have the potential to bring in significant profits, but so do short sales.

What is a foreclosure short sale? It is when the property in question will soon enter into foreclosure. The borrower fell behind on their mortgage payment and does not anticipate a solution in the near future. The property is sold for less than the outstanding mortgage. Not all lenders agree to short sales, but it is becoming a common practice. Short sales enable lenders to bypass the cost, time, and hassle of foreclosure proceedings. They lose money, but they do recoup some. Unless a lender knows a foreclosure auction will bring in more cash, they typically opt for a short sale.

As nice as it is know about short sales, you may wonder how the process got started. If you know a home seller is trying to avoid foreclosure, you may wonder if suggesting a short sale is a viable option.

As previously stated, short sales result from a borrower’s inability to pay. This is the first stage. The homeowner loses their job, receives a pay cut, loses money from the stock market, or had and another unforeseen financial complication. First, borrowers will approach their lender for help. This may include refinancing or a reconditioned loan. If denied, a short sale is the next option.

A borrower cannot decide on a short sale themselves. They must receive approval from their financial lender. This is not always easy. The borrower contacts the mortgage lender to see if a short sale is even a possibility. If it is, documentation is required. Mortgage lenders send various forms for borrowers to submit. The most important is an authorization lender for personal information. The price of a short sale property is determined by the outstanding mortgage. All prospective buyers will see your name, your address, the amount due on your loan, and so forth. The bank needs permission before disclosing this information.

A letter of authorization does not mean the short sale was approved. It is just one of the many stages. Next, most lenders require submission of income, assets, and a hardship explanation. Those who fell behind in their mortgage due to unforeseen circumstances, such as layoffs, as opposed to criminal activity, are likely approved. Mortgage lenders only use short sales when necessary. They discourage borrowers from using it simply as a way to avoid paying for their home.

Documentation of assets and proof of income is used to determine a borrower’s financial standing. As previously stated, lenders use short sales as a last resort. If these documents prove a borrower can no longer pay their bills, a short sale is likely.

The final foreclosure short sale step, which involves listing the property for sale, depends on the lender in question. Some opt for in-house selling and others turn to real estate agents. Regardless, once the lender agrees to a short sale, the property is listed for sale almost immediately.

So, there you have it. That is how a short sale property becomes. Unlike buying foreclosures, there is little to no risk of disgruntled property owners. These individuals agreed to a short sale. As a buyer, this not only means you get a home for a great price, but you should get a well-kept home with occupants who will not put up a fight to leave the property. After all, a short sale was likely their idea.

Are you interested in profiting from the growing number of mortgage borrowers who cannot pay their bills? If so, don’t only examine foreclosures, but short sales too. Short sale properties are ones that will enter into foreclosure soon. Before that happens, mortgage lenders agree to sell the property for less than the outstanding mortgage due. They do this to move the process along, get a percentage of their money right away, and avoid costly and lengthy foreclosure proceedings.

Short sales are a great way to buy a cheap first home or turn a profit with flipping, but are they right for everyone? Not always. Like any other money making opportunity, the buying and reselling of short sale properties does have its pros and cons. So, what are they?

The Pros

You should get a good value for your money. Since short sales involve selling a property for less than the outstanding amount due on the mortgage, there is the potential to get a good value for your money. In dire circumstances, the home’s appraised value is not considered, just the amount the lender will lose through foreclosure.

Can be less intimidating. If you want to buy an affordable property or a property to flip, your two cheapest options are foreclosures and short sales. Unfortunately, if you are new to the business, foreclosures can be intimidating. This is particularly true with foreclosure auctions. They are often jam packed full of professional investors and the auctions move at a fast pace. On the other hand, short sales involve dealing directly with a mortgage lender, real estate agent, or both.

You can turn a profit. The best chance of profiting from short sales is with flipping. You buy a property, make improvements, and resell for a profit. To make a profit, you need to spend a little as possible.

The Cons

You may not get the best price. As previously stated, short sales are a good value for the money. With that said, you may still pay a lot for a property. It is important to look at the big picture. Consider the home’s appraised value. Say it is $450,000 and the borrowers still owe $300,000, and you are able to acquire the property for $275,000. $275,000 is a lot of money to pay for a home, but remember its $450,000 value. Although you pay a lot, it is a great value for the money.

Short sales do take time. Mortgage lenders have the final say in short sale approval. Unfortunately, some drag their feet. This is common when a property has two mortgages and by two different lenders. Both must agree to a short sale. The longest decision will be from the second mortgage company, as they are shorted. Some short sale buyers have waited as long as six months to receive a response. If you cannot or do not want to wait that long, apply pressure after a few weeks or month. State you are interested in the property, but losing interest. Request a decision in two weeks or else withdraw your acquire offer.

The short sale deal can fall apart. As with other real estate sales, the deal can fall apart. This is why most lenders take their time accepting an offer. They review the home’s appraised value and estimate how much they can get from a lender owned home or a foreclosure auction. Borrowers also have up to the final closing stages to make good on their outstanding mortgage. So, if a lender receives a better offer or if the borrower comes into the money, the deal can fall apart at the last minute.