User9308_1_t Allison Stewart REALTOR ®St. Cloud Florida
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screws  Fixture is anything that is glued, screwed or permanently placed in a home making it an integral part of that home. Like bookcases for example.  Sellers who before or during the boom era thought they were shrewed to refinance, pull out equity established in a market on the rise, and use that money for other purposes. Some for recreation, some invested in second properties, travel, new cars, or a gambit of other non essential expenditures. Some just plain blew it. The not so funny thing about life is it can change at any time. Through any series of events culminating into a total eclipse of financial security. A health problem could arise suddenly, a serious traffic accident, a business gone sour, or just plain bad judgements. Once you fall behind you have only a limited time in which to make up the short fall before it has a cataclysmic effect.

Interest rates can jump to well over 18% on a fixed rate mortgage...other fees and penalties may apply. Some lenders are more cooperative than others. The larger the company, generally the less unyielding they will be.  Who really feels the brunt of it? The homeowners often feel the institution (bank) will take the hit and move on. The lawyers certainly are not going to waive their fees, the buyer if there is one is not going to cover the shortage, and certainly the title company isn't going to say "Hey it's free", the Realtor you hired to sell it before it went into foreclosure could however get the most seriously burned in an eleventh hour attempt to save your credit rating from a looming foreclosure. In Osceola County for example 1/274 homes is in some form of Foreclosure.

If a creditable Realtortakes the house as a listing, it is not unreasonable given the high rate of  Lis Pendens, a pending lawsuit. With a record number of actions being filed Nationwide,to do a basic title search. It is a sound investment of limited liability, should the property prove to be so weighted down by debt that there will not be sufficient funds to pay a Realty commission.

Investing in a basic Title search could cost under a $100 for piece of mind. Less than most virtual tours cost to produce in the end, it could be the best investment for the future health of the transaction and your business.

Brad Alley,a Real Estate lawyer in Winter Park Florida offered the following advise. He said "It is the best investment a Realtor can make to insure he will get paid for the work involved in procuring a sale of a property that may seem questionable."  Good advise.

Since a Realtor is a "fixture" (Integral part)  in the transaction process, either in representing the seller or the buyer, the fee, is part of the agreement, a consideration for time effort and energy in Procuring a Sale.

But what if... the contract in the end after discovery has revealed that while not a short sale at the time the offer was made and accepted, signed and compensated, it became a short sale once the banks added onto the loan payoff amount, additional interest, legal fees, late fees surcharges and assorted other fat? They are unwilling to work the short sale they have just created with the addition of $30,000-40,000 in junk fees.  Loss Mitigation Experts, have said If we were  to  foreclose-we are in first position not our problem" It is a problem folks. A big problem.  Especially for the Realtor who is trying to close the sale before that happens.

You don't want to get one of these at the closing table!     screwed

 

25 Comments on The Difference between Shrewed and Screwed

Oh Boy is it Lola- Thanks for taking the lead in comments.  Be careful out there- I am doing Title searches on any property I am not certain the owners are not in over their heads on...blame it on the "if you have a pulse we will give you a mortgage" phenomenon which is now history- thank goodness.  It has got to get worse before it can get better!

05/01/2007 04:35 PM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


I'll say it's definitely a sign of the times..wow

05/01/2007 04:51 PM by Jeff LeBlanc (Coldwell Banker Residential Brokerage)


Allison, This definitely happens way to often. I make is a policy to see there mortgage statement at time of listing. If I have any doubts my closer will do a preliminary search for me for free. Better safe than sorry. I run into sellers that are not aware they have a prepayment penalty. That seems to be the biggest unknown that I run into. I always check. 

05/01/2007 06:11 PM by Bryant Tutas-Tutas Towne Realty, Inc


Allison.

Great information and post considering the times! You seem to be on a roll here lately. By the way, regarding a recent post of mine, I would love to hear about your "One Thing"!

05/02/2007 04:21 AM by Ron Withers - Mortgage Professional (Sr. Loan Officer, LMB) (Town & Country Mortgage Services, Inc.)


Thaks Bryant

I have this nasty habit of eatting which means I need to get paid. Turning a small margin into a Free bee is not going to work for me. Even with a prelim...I have seen lenders smelling the "scent of money" inflate the payoff simply because they think they can. Creating a short sale and no commission for the agents. There needs to be a law against this! I had one who filed a judgement for 208K at time of closing they boosted the payoff to 214K-after sending them the petition they filed with the court amazingly, it got reduced freeing up 5K for the commission. Amazing huh?  Now to get the primary lender to do the same and it will a feast!

05/02/2007 06:26 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Thanks Ron

Thank you for reminding I eed to subscribe which I did.  We are getting into the Ugly of Real Estate now. This will be a precarious time for Realtors especially those who are afraid to ask for their commission. Banks will pay them, just as they do when the property forecloses and they job out the properties to specific brokers...they pay them to sell the property-if you save them the hassle of foreclosing yu may have to fight to get paid but persistence does pay off in the end.

05/02/2007 06:28 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


It pays to do your homework with your listings.  I can't tell you how many homes I have financed that the listing agent had no idea how much the seller really owed.  Last year, I did one in which the seller owed MORE than the sale price and the listing agent had no idea!

It took me a month to get the short sale approved to close the loan.  If only they had been a true professional and done their homework.

05/02/2007 06:51 AM by Steven Shewell, The Mortgage Maverick (Primary Residential Mortgage, Inc.)


Steven you are right- I guess the problem is certain lenders are boosting the fees at the last minute-which means even when you have done your homework, there is a chance, if the property falls in arrears that you may not get paid. They will add charges even after the court petition for "final judgement" has been filed with the court. It is a warning to check and follow through continuously, as the payoff figures, can change even the day of closing!  Thank you for adding your comment.

05/02/2007 07:27 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Raise your hand if you have bought curtain rods...  :)  Why do people strip houses when they leave.  One of the agents in my office had all of the kitchen knobs taken out.  A whole different set of screws that lead to getting screwed.

05/02/2007 07:41 AM by Chris Elizabeth Griffith ~ Bonita Springs Fl Real Estate (Keller Williams Elite Realty, Bonita Springs, FL)


Oooh oooh I know, I know, I know, pick me... Because they can? Curtain rods, drawer knobs, blinds,sleves in the garage which were built in,  even shower curtains which exactly match the wall border... got to love it! Be specific take pictures, write everything down! But the financials....well that is where it gets tricky. I am told by local Title companies that more and more banks are adding fees at the last minute. Are we having fun yet?

05/02/2007 07:47 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Allison...We were just talking about short sales at our office meeting yesterday so your blog was very appropriately timed.  Thanks!

...Jay

05/02/2007 08:03 AM by Jay Burnham - The Coldwell Banker Guy (Coldwell Banker)


As a service provider for RE pros, I find these type of details very enlightening. This is the side, that I am not exposed to on a day-to-day basis.

05/02/2007 08:14 AM by Eric Carlsen (Online WalkThru)


Jay

I hope it helps. Hard to say what different lenders will do when people fall behind. Center State was wonderful-worked with us and I cannot say enough nice things about them.  As for the other one....no comment.

05/02/2007 03:13 PM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Hmmm....I never thought of that. With foreclosures, it may be a good idea to get check before you leap. You can never tell.

05/02/2007 07:31 PM by Christy Powers - Pooler, Savannah Real Estate Agent (Keller Williams Coastal Area Partners)


Great suggestions for all of us to take into consideration, especially in today's market. Thanks for bringing it to the forefront. Nice post!

05/03/2007 01:12 AM by Ryan Hukill - Edmond Realtor® (Hukill Group - Paradigm AdvantEdge Real Estate)


Hi Allison,

Another great post with good sound advise.  The challenging market we're in can bring out the worst in some.  Thanks for sharing.  Love the title!!!!  Very clever!

05/04/2007 07:47 PM by Pascack Valley Real Estate>> Lisa and Robert Hammerstein (Coldwell Banker)


One of the things I do in advance of meeting the sellers is pull their tax records.  The mortgages are recorded there in our area.  That will give me a clue if there is a possible upside down situation even before I meet them.

05/08/2007 01:39 AM by Randy L. Prothero - Hawaii REALTOR® (Century 21 Liberty Homes)


Thanks Randy Yes good addition. But beware of the late payments, non payments, and other hidden costs. Especially if the owner has not mentioned they are in arrears. One lender had a loan for $536,000 at closing we requested the payoff it was OVER  $578,000   the smell of money (it was loaded with junk fees)and they waited nearly 5 days to provide the title company with the payoff racking up interested daily. A new ploy to beware of.

05/15/2007 09:40 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Thanks Lisa & Robert

Do be careful out there.  The new ploy on preforeclosures is for thebank not to return phone calls for days while charging interest-on a short sale that difference will come out of any commision you may be due. There is one huge outfit practicing this type of policy which is very deterimental.  Yes, they do want the houses to foreclose!

05/15/2007 09:43 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Hey Ryan

Some banks are great particularly the local ones, but the bigger ones WATCH OUT>

05/15/2007 09:44 AM by Allison Stewart REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)


Allison and other florida folks fla statute 701.04 requires the bank to provide payoff info within 10 days if requested in writing by borrower, this statute allows for attorneys fees if they fail to comply and gives some teeth to clarifyinying what is the correct payoff. Good luck Brad

05/22/2007 03:32 PM by Brad Alley


Thank you Brad! - this is the real deal folks- Brad knows his stuff. I appreciate the chime in an offical word from you Brad.  You the best!

05/22/2007 06:34 PM by


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Real Estate Agent: Allison Stewart  REALTOR ®St. Cloud Florida (Florida Pines Realty, Inc)
Allison Stewart REALTOR ®St. Cloud Florida
Saint Cloud, FL
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Florida Pines Realty, Inc

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OSCEOLA COUNTY LOCAL EXPERT SPECIALIZING IN SALES< RESALES< NEW CONSTRUCTION< RESIDENTIAL HOMES IN ST> CLOUD FLORIDA