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Funding And Closing A Short Sale

The Trustee is the owner of the property, not the Trust itself.
The Beneficiary has the power to direct the Trustee to deal with the title and proceeds of the property. They also have the right to manage, possess, use, control, sell, rent or mortgage the property. The beneficiary has an economic interest in the property.
When a homeowner puts a property into a land trust they convey fee simple absolute ownership to the Trustee. The land trust will state that legal and equitable title is vested soley in the Trustee with the homeowner named as the beneficiary.
The beneficiary can direct the Trustee to manage the property. Any liens remain in place but do not get paid off at this time. The land trust protects the property from other creditors by making sure no more liens are placed; this is good information for the short sale lender to know.
The homeowner will also sign a purchase agreement with the investors company as the buyer. The trustee is not named as the buyer. Once the trustee owns the property, a purchase agreement can be signed with the Trustee as Seller. Once the contract is accepted, the buyers lender will order a title search and find that the Trustee is the owner of the property and has the right to sell. This is the part of the process that typically stops the transaction. It all boils down to how the underwriter interprets the FHA guidelines.
Lenders (notably FHA and nonconforming) instituted an underwriting requirement that title must be seasoned for varying lengths of time (3 months etc). The rationale is based upon an observation that where properties were sold multiple times, within a short period of time, the loans had a higher default rate and tended to have artificially inflated appraisals and various other forms of loan fraud. Thus, the seasoning requirement was born. Note the key term “sold”, not transferred. The transfer of the property from the Seller to the Trustee is without consideration and constitutes a mere change of identity and therefore, does not reset the title seasoning clock.
Transferring the ownership of the Land Trust is akin to a corporation selling its shares to someone else, while selling some property that it holds title to – it has no bearing on the transaction contemplated between the Trust itself and the bona fide purchaser for value. Nor is there any reason why a personal transaction, that does not affect title to the premises, would be presented to the purchaser’s Lender. Again, it is the Trustee who holds legal and equitable title and is empowered to convey the premises not the beneficiaries who merely have a beneficial interest in the land trust – personally not realty. New York State, for instance, considered such interest to be an economic interest in real property thereby creating a blend of the two interests – a quasi real estate interest that does not rise to a fee simple interest – so that it may collect transfer taxes upon the transfer of such interest.
Once financing is in place, a qualified real estate attorney can help you proceed to purchase the beneficial interest in the property. Beneficiaries have economic interest in real property; therefore, transfer tax returns must be filed and transfer taxes paid when the interest is transferred to a new beneficiary.
This type of closing should always be performed by a real estate attorney who is familiar with land trusts. He will prepare the HUD-1 as if you were purchasing the property; the short sale lender is paid off at this time. The land trust stays in place; the trustee remains the same. Now the property can be sold to an end buyer with no problems.
The process can vary slightly from state to state and should only be done with a qualified real estate attorney who is familiar with the process. Proper structure with attention to the treatment of the beneficial ownership of the land trust is critical.
Due to the increase in real estate fraud and scams, many states have enacted stringent legislation concerning distressed assets. A qualified real estate attorney who has experience with short sales and land trusts will know what you can and cannot do concerning pre-foreclosed homes.
Jodi Funke is the founder of http://www.cashforshortsales.com a company who specializes in short sale transactions. Jodi is a transactional lender who provides funding for the investor to purchase a property on a short sale and sell the property for a profit the same day. Their team of real estate professionals, attorneys and title companies are experienced at handling these transactions while working at the highest level of integrity.

Article Source: http://www.articlesnatch.com

About the Author:
Jodi Funke is a transactional lender who understands this dilemma. “Lack of funds is the number one reason most real estate investors cannot close a short sale deal,” said Jodi. “We provide one-day funding for the investor to buy the property and our nationwide team of closing professionals, attorneys and title companies are experienced in doing back-to-back transactions so the investor can fund the deal and resell the property the same day. It”‘s a win-win deal for all parties involved.” Learn more about wholesale funding at http://www.cashforshortsales.com

Read more: http://www.articlesnatch.com/Article/Funding-And-Closing-A-Short-Sale-/747172#ixzz1hJXXUSXX
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Bank Of America Announces Shorter Short Sales!

BofA Reduces Short Sale Approvals To 2 Weeks  
I’ll believe it when I see it. Bank of America has been notorious in the past for long, drawn out short sales, but in an ‘exclusive’ webinar this week with BofA top brass the announcement of new policies and procedures to expedite short sale approvals was announced.

“We have some GREAT news for those of you that have your mortgage with Bank of America. I just attended an “exclusive” LIVE webinar with Kimberly Dawson, a Vice President at BofA that oversees their short sale operations. BofA holds almost 25% of the mortgage market and processed almost 100,000 short sales in 2010. They are estimating exceeding that in 2011…….They will close approximately 10,000 short sales per month.

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How Bank of American is changing their short sales process

BofA is “pre-approving” short sales before they are even listed on the MLS. This is much different from the “normal” short sale where we list the home, get a contract, gather all the paperwork, submit to the lender, and then WAIT. BofA is calling this a ‘Cooperative Short Sale.'”

In addition to the ‘pre-approving’ of short sales, Bank of America will also be utilizing a new internet software that will assist with document management and ultimately streamlining the entire process for the bank and short sale processors.

Bank of America’s program to help automate the short sale process

“BofA has also implemented a new web-based short sale tool called Equator (www.Equator.com). It is a transaction mgmt system that has GREATLY increased the speed and efficiency of the short sale process. We are very experienced in using the tool and we love it! It has made my life much easier. We used to fax documents to BofA and they would get lost….multiple times! It was a nightmare. No more.”

Ayers, Rich. “BofA is reducing short sale approval to approx 2 weeks!” The Ayers Team. January 21, 2011 (accessed January 22, 2011).

Our personal experience with Equator is much less impressive then the article states. Our office handles a lot of short sale transactions and we have seen short sale paper work lost and sometimes Equator feels like a short sale purgatory. It would be great to see Bank of America get their short sale process time frame down considerably. The article also states that the typical BofA short sale time line from open to close is between 1 and 4 months. From our short sale experience, this could not be farther from the truth. Rarely do we see BofA approve a short sale in under 4 months, though we have had some quick BofA short sale closes, most of BofA’s short sales take much longer then 4 months to complete.

Overall, it is good that BofA is changing their short sale process, this part is long over due. Our major question with this new policy change is this…did BofA improve their short sale process because of internal mandates or pending legislation from investors and property owners?

Visit REI Maverick on the web for more short sales and real estate investing information

Article Source: http://www.articlesnatch.com

About the Author:
REI Maverick Phill Grove has been called the most successful residential real estate investor in post-bubble America by dozens of today’s top guru’s. He has conducted approximately $200M in real estate transactions – using non-traditional investing methods such as mortgage assignment, short sales, equity partnering, auction-options, wraps, swaps, and other methods – many of which he invented and/or pioneered for the industry. As the Founder and President of Love American Homes, as well as the creator of the Mortgage Assignment Profits System. Phill Grove has personally trained and coached hundreds of Real Estate Investors on the “12 Ways to Buy and Sell Real Estate”, as well as marketing and lead processing

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