Archive for December, 2009

Widow Sues Mortgage Company for Husband’s Death

Posted in News on December 14th, 2009 by Courtney – Be the first to comment

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Florida widow is suing her mortgage company for the wrongful death of her husband, claiming that it was the harassment by its debt collectors that caused his heart failure and untimely demise.

Diane McLeod has placed a wrongful death suit against her mortgage company, Green Tree Servicing, saying that her husband Stanley would still be alive today if it was not for all of the stress he experienced with every hounding call from the company’s debt collectors. McLeod cliams that they would sometimes receive up to 10 calls a day from the lender and she could see the damage it was physically doing to her spouse. “He would begin to sweat; he would also get very red in the face and complain about chest pains,” McLeod said. “We were worried he was gonna have a heart attack right there on the phone.”

According to McLeod, the calls began back in 2002 when they became delinquent on their mortgage payments when Stanley had a second heart attack and needed to be airlifted to the hospital by helicopter.One phone call allegedly made by a Green Tree collector to the McLeod’s residence referred to Stanley McLeod’s medical problems: “Stanley McLeod, you need to call Green Tree and get your act together and make your payments on your mortgage and quit playing these games. Why don’t you have that helicopter pick you up and bring that payment to the office?”, according to a report by CNN.

“It was so inhumane to talk to someone like that and to take an event that was traumatizing to him and to make a jest out of it,” McLeod said. Stanley McLeod died of heart failure in 2005.

Senior Vice President and General Counsel Brian Corey of Green Tree Servicing called the complaint “meritless” and that “the collection activity did not lead to his death.” Corey states that the company denies that what was said in the calls, the number of calls made and the timing of the calls had “anything to do with him dying.”

The trial is scheduled to begin in January.

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RE/MAX Executives Forecast that Short Sales Reforms Will Speed Recovery of Chicago Real Estate Market

Posted in Short Sale News on December 14th, 2009 by Courtney – Be the first to comment

New national guidelines for short sales recently were issued by the United States Treasury Department, and they are likely to have a meaningful and beneficial impact on the metropolitan Chicago real estate market, according Jim Merrion, regional director of the RE/MAX Northern Illinois real e…

via RE/MAX Executives Forecast that Short Sales Reforms Will Speed Recovery of Chicago Real Estate Market .

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Mortgage rates bounce off record lows

Posted in Economic Crisis on December 11th, 2009 by Courtney – Be the first to comment

Rates on 30-year fixed-rate mortgages bounced back from last week’s record lows, averaging 4.81 percent with an average of 0.7 point, Freddie Mac said in releasing the results of its weekly Primary Mortgage Market Survey.

Last week, the 30-year fixed-rate hit a record low of 4.71 percent in records dating back to 1971. The rate remains well below the 5.47 percent reported a year ago, thanks in large part to ongoing Federal Reserve purchases of $1.25 trillion in mortgage-backed securities issued by Fannie Mae, Freddie Mac and Ginnie Mae.

The Mortgage Bankers Association in October (the Fed program was projected to end in March at that time) had projected that 30-year fixed-rate mortgages will hit 5.4 percent next year, 6 percent in 2011, and 6.3 percent in 2012 (see story).

Mortgage rates were up this week after an upbeat employment report pushed long-term bond yields up slightly, with fixed mortgage rates following, said Frank Nothaft, Freddie Mac vice president and chief economist.

The economy shed only 11,000 jobs in November, far fewer than forecast, and the unemployment rate unexpectedly fell to 10 percent, Nothaft noted.

The 15-year fixed-rate mortgage averaged 4.32 percent with an average of 0.6 point this week, up from 4.27 percent last week but down from 5.2 percent a year ago. Last week’s rate for 15-year fixed mortgages was a low in records dating back to 1991.

The 5-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 4.26 percent this week, with an average 0.5 point, up from 4.19 percent last week but down from 5.82 percent a year ago. The 5-year Treasury-indexed ARM reached a record low of 4.18 percent in the last week of November.

The 1-year Treasury-indexed ARM averaged 4.24 percent this week with an average 0.7 point, down slightly from 4.25 percent last week and 5.09 percent a year ago.

Rates surveyed by Freddie Mac are for prime borrowers taking out loans with 20 percent downpayments. Borrowers taking out loans too large or risky for purchase or guarantee by Freddie Mac can expect to pay more.

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Erik to Featured in HREU Superstar Interview

Posted in News on December 11th, 2009 by Courtney – Be the first to comment

Our very own Erik Lovell will be featured in a Superstar interview today for the Harris Real Estate University.  You can read more about it and sign up here:

http://timandjulieharris.com/2009/12/10/hreu-superstar-interview-real-estate-training/

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HAMP is ‘Destined to Fail,’ Says Amherst’s Goodman

Posted in Housing Crisis, loan modification on December 9th, 2009 by Courtney – Be the first to comment

By DIANA GOLOBAY

A key mortgage modification program facilitated by federal incentives has not only failed to reach the potential envisioned by its founders, but it also has several key flaws that may have destined it for failure from the start, expert witnesses testified to the House Financial Services Committee Tuesday.

Home Affordable Modification Program (HAMP), which allocates capped incentives to servicers, lender/investors and borrowers that participate in modification of mortgages at risk of foreclosure, was a large focus of testimony.

In an ongoing hearing Tuesday, the House lawmakers are hearing from servicers that testify to early signs of success in HAMP, as well as from community and consumer activist groups and real estate industry veterans that point toward HAMP’s key flaws and recommend long-term solutions. Amherst Securities‘ Laurie Goodman, for example, warns critical shortcomings of HAMP include the program’s failure to address negative equity and its lack of effort toward principal reductions.

Julia Gordon, senior policy counsel at the Center for Responsible Lending (CRL), summed up ongoing complaints when she said “HAMP has not reached its potential” in opening remarks.

Lenders and investors may not agree to accept modifications, as they take immediate financial hits, according to Anthony Sanders, professor of real estate finance at George Mason University.

“To provide an incentive for financial institutions/investors to sell their distressed mortgage loans to the private markets, the government regulators, including the SEC, should allow financial institutions/investors to amortize the losses for up to 5 years to spread the accounting consequence of a loss over time,” Sanders said in prepared remarks (available to [1] download here).

He added: “This would enable the financial institutions/investors to sell distressed assets from their books and free up funds to be invested elsewhere such as loans to small businesses.”

But HAMP keeps loans with lenders, holding up funds on the banks’ books and preventing the funds from being used for other loans. Sanders recommended helping financial institutions clean up balance sheets rather than imposing judicial interventions into the mortgage market.

Laurie Goodman, senior managing director at Amherst Securities, pointed toward the key role [2] negative equity plays in predicting default behavior.

HAMP is “destined to fail,” as it does not address negative equity, Goodman said in opening remarks (available to [3] download here). Federal mortgage programs must include principal reduction and must address the loss allocation among first lien investors and second lien investors to have lasting effect.

“HAMP has three fatal flaws,” she said. “First the agent retained to make the modification was a mortgage servicer rather than an originator. This created a significant amount of ramp time as many servicers were not equipped to handle the many functions necessary to underwrite a modification.”

Goodman added: “Second, HAMP only considers the first mortgage payment, taxes and insurance. It does not consider the borrower’s total financial circumstances. Third, and most importantly, the program does not emphasize the re-equification of the borrower.”

She emphasized greater importance on principal reduction — eyed recently by the Federal Deposit Insurance Corp. [4] in lieu of principal forbearance. Goodman says investors will “absolutely” support principal reduction, as foreclosure is costly not only to borrowers, lenders and investors. She suggested banks holding second liens to first write down liens to allow for modifications.

Goodman also urged a revamp of Hope for Homeowners to address second liens and misalignment of interests. More transparency on mortgage workout data is also crucial to the success of any program, she added.

Write to [5] Diana Golobay.

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4 Tips to Improve Your Odds for Short Sale Success

Posted in Short Sale News, real estate short sales on December 7th, 2009 by Courtney – 1 Comment

RISMEDIA, December 7, 2009—Last month, we discussed some of the problems associated with short sales: too many properties for lenders to handle; too much uncertainty about valuation; too many second loans; and accounting mechanisms that encourage financial institutions to delay sales in order to defer losses.

While those challenges make the outlook for short sales cloudy, most observers still believe that short sales will grow significantly over the next year, and will become an extremely important part of the path to recovery in the housing market.

This is due, in part, to the looming tsunami of option ARM and ALT-A loans due to begin resetting—and defaulting—in large numbers in the second quarter of 2010 and the growing number of unemployment-related foreclosures. In both cases, current loan modification programs will have virtually no effect on slowing foreclosure activity—in the former case because most of these loans will be outside the 125% loan-to-value ratio limit in HAMP, and in the latter case, because the homeowner will have no source of income.

So the government is motivated to promote short sales as a better alternative to even higher levels of foreclosures, distressed housing stock and vacant properties across the country.

By the time you read this article, HUD will likely have released new short sale guidelines. These guidelines will be intended to streamline the process by creating standard paperwork for more efficient processing and developing a more universal set of protocol for short sales activity. The guidelines will also very likely include cash payments—both for the servicer and for the borrower—to incent the parties to move forward with short sale transactions.

This will help somewhat, but what can you do today to improve your odds for short sale success?

Here are a few ideas gleaned from conversations with agents who are successfully executing short sales today:

-Be selective: Not all borrowers—or loans—are good short sales candidates. If your prospective seller has a second mortgage, a home equity line, multiple liens or other financial complications, steer clear. While it’s possible to satisfy all parties in these types of deals, it’s not likely, and you’ll wind up wasting a lot of time and energy.

-Be thorough: When you submit an offer, or are delivering the materials the lender requires, include everything. Nothing is more frustrating for a loss mitigation manager than reviewing incomplete documentation and having to start over again. You and your client will be equally frustrated by the ensuing delays.

-Be persuasive: Make the hardship letter compelling. Why should the borrower qualify for a short sale? Job loss? An exploding ARM? And why isn’t the home worth as much as what’s owed on the mortgage? Include all the relevant information—comps, foreclosure activity, days on market, current listings, property condition, etc. Is the offer realistic? Prove it. And make sure that you have a qualified, preapproved buyer in tow.

-Be persistent: While there’s a fine line between being persistent and being annoying, call and/or e-mail regularly—but respectfully—and ask if there’s anything you can do to help expedite the process.

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HAMP Article Round Up

Posted in News on December 3rd, 2009 by Courtney – Be the first to comment

The mod squads

Washington Post‎Dec 1, 2009‎
MODIFYING mortgages to provide more affordable terms can help borrowers, lenders and neighborhoods avoid the economic and social costs of foreclosure.

Treasury’s Mortgage Modification: Empty Threats?

BusinessWeekTheo Francis‎Dec 1, 2009‎
The news coming out of the US Treasury Dept. seemed like red meat for angry homeowners: The feds are going to get tough with mortgage

Mortgage Modification: What’s HAMP-ering Progress?

CBS NewsJill Schlesinger‎Dec 1, 2009‎
Why aren’t banks playing the mortgage modification game? We’ve been told that lenders prefer to modify and/or restructure loans, rather than enter into the

hampering Obama’s Home Plan

Wall Street JournalPeter Eavis‎Nov 30, 2009‎
The Obama administration wants banks and loan-servicing companies to amend hundreds of thousands of mortgages so they are easier for

OBAMA ADMINISTRATION KICKS OFF MORTGAGE MODIFICATION CONVERSION DRIVE

Seattle Medium‎15 hours ago‎
by Seattle Medium WASHINGTON – This week, the US Department of the Treasury and Department of Housing and Urban Development (HUD) kicked off a nationwide

HAMP Conversion Drive Under Way

Emii.com‎Dec 2, 2009‎
The Department of the Treasury and the Department of Housing and Urban Development have jointly launched a nationwide campaign to make mortgage

Treasury department pressures lenders to modify loans

Examiner.com‎Dec 1, 2009‎
Officials from the Treasury department met with lenders yesterday in yet another attempt to get them to step up the pace of loan modifications.

New Efforts to Stem Foreclosures Face Hurdles

Smartmoney.comLisa Scherzer‎Dec 1, 2009‎
The US Treasury Department is trying to give its foreclosure-prevention program some teeth, but economists are doubtful they will be sharp enough to keep

Treasury Releases Guidance for Making Home Affordable Short Sales

DSNews.comCarrie Bay‎Dec 1, 2009‎
Amidst the high-profile news Monday about the administration’s actions to coax servicers into making more mortgage modifications permanent, the Treasury

Feds incentivize short sales

Inman.com‎Dec 1, 2009‎
By Inman News, Tuesday, December 1, 2009. The Obama administration has released long-awaited guidelines for a program that will provide incentives for loan

Treasury Unveils Foreclosure-Alternatives Directive

Mortgageorb‎Dec 1, 2009‎
By mortgageorb.com on Tuesday 01 December 2009 The Treasury has issued a new supplemental directive introducing incentives for short sales and deeds-in-lieu

Short Sale Incentives Coming in 2010, Treasury Says

Housing WireJon Prior‎Dec 1, 2009‎
As HousingWire first reported, the US Treasury Department will launch the Home Affordable Foreclosure Alternatives Program (HAFA) in 2010.

Mortgage Initiative Not Likely to Impact Many cus, Industry Says

Credit Union TimesDavid Morrison‎Dec 1, 2009‎
Credit unions already working the US Government’s Home Affordable Modification Program will likely face additional paperwork from proposed

Hamp-ing it up

FT Alphaville (blog)Tracy Alloway‎Dec 1, 2009‎
Swat teams, shaming and sanctions are just a few of the incentives now in place to force financial companies to make more mortgage modifications.

HAMP: Obama Turns Up Heat on Lenders

Seeking Alpha (blog)‎Nov 30, 2009‎
In March, the White House launched its $75 billion Home Affordable Modification program (HAMP) to get struggling homeowners refinanced into new loans with

Obama mortgage modification conversion- Home Affordable Modification Program

Examiner.com‎Nov 30, 2009‎
AP The Barack Obama administration, the US Department of the Treasury and Department of Housing, and Urban Development (HUD) today started a campaign to

HAMP Trials Keep Risk Weighting, FDIC Rules

Housing WireAustin Kilgore‎Nov 30, 2009‎
Mortgages in the three-month trial period of a Making Home Affordable Modification Program (HAMP) workout plan are eligible for the same

Fannie Changes Rules on Removing MBS Loans for HAMP

Housing WireDiana Golobay‎Nov 30, 2009‎
Mortgage giant Fannie Mae (FNM: 0.88 -6.38%) updated its policies on the reclassification and removal of mortgage-backed security (MBS)

Monday Morning Cup of Coffee

Housing WireJon Prior‎Nov 30, 2009‎
In an op-ed piece in the Washington Post Sunday, Ben Bernanke, the chairman of the Federal Reserve, wrote that a number of proposals to

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Treasury sets guidance to simplify short sales

Posted in Short Sale News, real estate short sales on December 1st, 2009 by Courtney – 1 Comment

You can read the entire Directive here – https://www.hmpadmin.com/portal/docs/hamp_servicer/sd0909.pdf.  Below is a summary of what is contained in the directive.

By Al Yoon

NEW YORK (Reuters) – The U.S. Treasury on Monday set long-awaited guidance on a plan for mortgage companies to speed “short sales” of homes and other loan modification alternatives to stem a rising tide of foreclosures.

The Home Affordable Foreclosure Alternatives Program provides financial incentives and simplifies the procedures for completing short sales, a growing practice in which a lender agrees to accept the sale price of a home to pay off a mortgage even if the price falls short of the amount owed, according to an announcement on the Treasury’s website.

Guidelines address barriers that have often sidelined short sales by setting limits on the time it takes a bank to approve an offer, freeing borrowers from debt and capping claims of subordinate lenders.

The incentives, first announced in May, expand on the government’s Home Affordable Modification Program, known as HAMP, that has seen limited success in lowering payments for distressed homeowners. The Treasury earlier on Monday stepped up pressure on mortgage companies to make permanent the 650,000 trial modifications they have started.

“While HAMP program guidelines are intended to reach a broad range of at-risk borrowers, it is expected that servicers will encounter situations where they are unable to approve” or offer a modification, the Treasury said in its announcement.

Financial incentives for completing short sales or similar deed-in-lieu transactions — in which the deed is simply transferred to the lender — include a $1,000 payment to servicers, and a maximum of $1,000 to go to investors who sign off on payments to subordinate lien holders, the Treasury said. Borrowers would receive $1,500 in relocation expenses.

Short sales are favored by real estate agents and community groups over foreclosure because they can preserve the borrower’s credit rating and leave the property in better condition than when a homeowner is evicted. While primary lenders typically realize steep losses, their recovery is typically far better than under foreclosure.

But short sales have been frustrating for borrowers and real estate agents, often hung up by negotiations with multiple lien holders and mortgage insurance companies. Real estate agents have complained that sales fall through as lenders bicker over the sales price, what they should receive from the proceeds, and whether the borrower will be held accountable for the debt in the future.

Among requirements, mortgage servicers have 10 days to approve or disapprove a request for short sale, and when done the transaction must fully release the borrower from the debt.

It also prohibits mortgage servicing companies from reducing real estate commissions on the sale, a practice that has dissuaded many agents from taking short sale listings.

In one of the most contentious issues gumming up negotiations between lenders, the guidance caps the aggregate proceeds to subordinate lien holders at $3,000.

Second lien holders in recent months have begun demanding more money from the first lender, seller, buyer or agent in exchange for releasing their claim, agents have said. Because primary lenders would face larger losses in a foreclosure, some subordinate lenders have felt empowered, the agents said.

The largest second-lien holders are Bank of America Corp, Wells Fargo & Co, JPMorgan Chase & Co and Citigroup Inc.

Second lien holders may proceed with a short sale outside of the Treasury program, if they felt the cap was too low, a Treasury official said in October.

“If there was a short sale program that didn’t recognize the second lien holder position, it could have pretty damaging consequences for the industry,” Sanjiv Das, chief executive officer of CitiMortgage, said in an interview last week.

(Editing by Leslie Adler)

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With encouragement from government, mortgage firms speeding up short sales

Posted in News, Short Sale News, real estate short sales on December 1st, 2009 by Courtney – Be the first to comment

by Catherine Reagor – Dec. 1, 2009 12:00 AM
The Arizona Republic

Short sales may be a new best option for Valley homeowners struggling to avoid foreclosure.

Home-loan modifications, endorsed by the federal government, are most borrowers’ first choice when they fall behind on their mortgage payments because of a drop in their income. But short sales are also part of the federal housing plan to slow foreclosures. Unlike their slower-than-expected actions on loan modifications, lenders are now moving quickly on many short-sale requests in the Phoenix area.

New figures for the Valley show a record number of short-sale deals in various stages of completion. Pending short sales, including all of the deals under contract, reached 9,343 in October, compared with 1,448 in January, according to real-estate analyst Mike Orr. Almost 40 percent of the homes currently for sale in the Phoenix area are properties homeowners are trying to sell to avoid foreclosure.

Short sales, which require lender approval, allow homeowners to sell their homes for less than they owe their lenders. Borrowers still lose their homes, but the deals are better for their credit records and often their morale because they are not evicted.

Short sales are also better for neighborhoods because the houses are not abandoned as is often the case when a lender forecloses and tries to resell. Buyers are finding great deals on short-sale homes and in many cases opting for those homes over foreclosure properties because they are in better shape.

“The demand for short-sale properties from buyers is clearly strong,” said Orr, who publishes the “Cromford Report,” a local daily online real-estate update. “We anticipate that lender-owned properties (homes taken back through foreclosure to be resold) will continue to decline. We expect to see short sales increase.”

Market watchers are advising more borrowers falling behind on their mortgages to consider short sales in order to slow the potential next wave of foreclosures.

“Short sales have a net result of everybody winning when compared to a foreclosure,” said Randy Kutz, a Phoenix-area expert on the deals who

recently worked with Arizona Treasurer Dean Martin to hold a series of seminars on why short sales are important to the economy’s recovery.

“Even if you avoid foreclosure with a loan modification, many homes in Arizona will not recover value fast enough to allow struggling homeowners to sell for many years,” Kutz said. “At some point, the same homeowners who are getting modifications now will likely need a short sale in the future.”

Streamlined process

Short sales have been around for decades, but until recently, the deals were slow and difficult to do. Most homeowners, real-estate agents and lenders tried to avoid short sales because of all the paperwork and time they involved.

A year ago, borrowers often waited at least three months to hear back from lenders on potential short sales. The deals would fall through as buyers, who didn’t want to wait, walked away.

Now, lenders are being encouraged and paid by the federal government to expedite short sales for homeowners who qualify for help from the federal housing plan but aren’t candidates for loan modifications. Some Phoenix homeowners are now receiving approval in days.

“We are starting to see short-sale approvals come in much quicker from some lenders,” said Bob Hertzog, a broker with Phoenix-based Summit Home Consultants. “I received an approval in less than 24 hours last week.”

Selena Riviere recently was able to sell her Phoenix home in less than a month through a short sale.

“I had heard they were difficult, but when I got divorced, I couldn’t afford my $2,000 mortgage payment anymore,” said Riviere, who tried to obtain a loan modification for six months before settling for a short sale. “What helped me was having someone who knew the process and made it pretty easy for me.”

Many homeowners who apply for loan modifications are still waiting three months to hear back from their lenders and can fall farther behind in their mortgages as they wait.

Hertzog said each lender handles short sales differently. He said it’s important to find out what a lender requires from a short sale before even starting to look for a buyer or listing the home for sale.

Homeowners can contact their lender about a short sale. However, to close the deal, a homeowner has to have a buyer willing to purchase the house for its current appraised value.

Part of the seminars Kutz and Martin hosted educated Valley real-estate agents on changes in short-sale methods so such deals can be expedited and more foreclosures avoided.

“Navigating a short sale is much easier than it was a year ago,” said Diane Watson of the Scottsdale office of Realty Executives. “More real-estate agents are prequalifying sellers for short sales before they list their homes.”

She recently received approval for a client’s short sale within a week of submitting the paperwork.

Lenders have begun to preapprove prices for homes eligible for short sales, which cuts weeks out of the process. The preapproved prices are based on current appraisals of the home. Also, lenders have added staff in their short-sale divisions and begun paying slightly higher real-estate commissions on shorts sales to entice more agents to put in the extra work it takes to close the deals. Some banks have launched online systems for short-sale applicants.

Jay Luber, a mortgage broker with Phoenix-based Galaxy Lending, said banks are also doing a lot more now to make short sales work.

“In most cases, banks will pay for some closing expenses,” he said. “When an appraisal comes in lower than expected, I have found lenders meeting the lower appraised value on short sales to make the deals work.”

Better than foreclosure

Foreclosing on a home is a costly process for lenders and an emotionally and financially draining event for homeowners.

It costs a lender more than $10,000 to foreclose on a home in Arizona. If no one purchases the house at the legally required foreclosure auction, then the lender typically has to spend more than $30,000 to fix it up and resell it.

Short sales still result in a loss for the lender. Most short-sale prices now are at least 30 percent below what is owed on the home, due to the Valley’s drop in home values during the past two years.

The average price of homes sold through short sales in October was $87.55 a square foot, according to the “Cromford Report.” The average price of homes taken back through foreclosure resold by lenders was $69.45 a square foot. The average price per square foot of regular home sales was $114.18.

Short sales cost thousands of dollars less in legal costs to process than a foreclosure. Also, through the federal housing plan, lenders can receive at least $1,000 for every short sale they complete to keep a home out of foreclosure. Homeowners who go through with short sales to avoid foreclosure can receive up to $1,500 from the government through the federal housing program.

Riviere, who is a nurse at a senior living center, would like to try to buy another home in a few years.

“I never would have bought such a large home if I knew I was going to be on my own,” she said. “I want to buy a small condominium close to my job next. We’ll see if the short sale was really better for my credit then.”

Borrowers also benefit more from short sales because mortgage giant Fannie Mae requires them to wait only two years to buy another home, or even less than that if they were not late on their payments. People who lose homes to foreclosure have to wait five years to buy again.

More homeowners are now trying to sell before they fall behind on their mortgages. Almost half of the Valley homes listed for sale through short sales are owned by people who haven’t yet received notice their lender has started foreclosure proceedings.

“The huge increase in short sales is because many homeowners are recognizing that they either do not qualify for a modification, or even with a modification they still cannot afford their mortgage,” said Travis Hamel Oslon of Loan Resolution Corp. “A growing number of people are starting to understand that a short sale is their best option.”

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