MAY 2008 VOL. 10, NO. 4 • Permit# 2246 How to Work in Foreclosures and Short Sales Find out what it takes to succeed when working with distressed sellers in a foreclosure or short sale situation. by Jeanny Campbell I picked up on the trend in mortgage foreclosures about five years ago, when zero-interest loans and other enticements were pulling previously unqualified individuals and families into homeownership. I specialize in two areas: foreclosures (the legal process by which a mortgagor of real property loses his or her interest in that property for failing to comply with the terms and conditions of the mortgage) and short sales (a situation in which a lender accepts less than a full payoff for a property that’s in foreclosure). I find distressed sellers by buying lists from companies like Foreclosures.com and ForeclosuresDaily.com, both of which offer these public records for sale. I can then match them with a database of potential buyers that I’ve developed over the years through networking with other sales associates, sign calls and working in this particular sector of the market. Eventually, most homeowners facing foreclosure resign themselves to the fact that they’re going to have to sell their home, and at that point I list their property for sale. We discuss options, such as a short sale, or lenders willing to take less than the balance owed on their homes. I explain that even the most complicated problems can be solved through solid PHOENIX REALTOR® MARKETING SESSIONS PHOENIX: Every Wednesday, 8 a.m. Old Country Buffet - 9820 Metro Pkwy W. • Eddy Parris, Chairman, Phone - (623) 486-5700 • Ray Evans, Program Chair, Phone - (602) 526-0244 • Amy Sanchez, Tour Director, Phone - (602) 316-8348 COMMERCIAL MARKETING BREAKFAST: Every Third Friday, 7:30 a.m. Phoenix Association of REALTORS® — Suite #108 • Eric Solheim, Chairman, Phone - (602) 299-1662 Get a comprehensive marketing session list at www.PARonline.com negotiations and perseverance, and that I’ve even been able to get the IRS to release property liens. Two-thirds of my business this year will come from working with home sellers whose properties are in foreclosure and with investors and other buyers of such properties. The top producer who’s closing 100 or 200 transactions a year, for example, or the one who doesn’t like cold calling, prospecting or spending too much money on marketing can easily pick up 40 to 50 percent more business by learning the ins and outs of short sales. Here’s how to get your slice of the distressed markets: May 2008 Meetings Monday, May 5 Women’s Council of REALTORS® (WCR) Governing Board Meeting PAR Conference Room #121 — 11:00 a.m. Friday, May 16 Commercial Meeting PAR Conference Room #108 — 7:30 a.m. Wednesday, May 21 HAREPLuncheon, Phoenix Mountain Preserve Reception Cntr. 1431 E. Dunlap — 11:30 a.m. Thursday, May 22 WCR Luncheon Moon Valley Country Club — 11:30 a.m. continued on page 4 CONTENTS PAR N EWS YOU CAN USE Getting to Know PAR Staff PAGE 2 BROKERAGE DESIGN Revisiting ‘Good to Great:’ Fine Tune Your Team for Success PAGE 3 TIPS, T RICKS & T RENDS New HUD Conforming Loan Limits Should Open More Doors PAGE 4 Ten Frequently Asked Short Sale Questions, And the Answers PAGE 6 MAY EDUCATION AT PAR Better Yourself: It Will Pay Off PAGE 8 Nominations For PAR Or AAR Director Leadership Positions — See Page 2 P A R ’s M i s s i o n : “ T h e P e r f e c t R E A L T O R ® S u p p o r t O r g a n i z a t i o n ” PAR News You Can Use Getting to Know... THE PAR STAFF Deborah Leadford, Education Director Nate Martinez, ABR, CRS, GRI . . . 2008 President Fred LaBell, CRS. . . . . . . . . . .2008 President-Elect Kerry Melcher . . . . . . . 2008 Vice President 2008 Directors Adele Coffman, e-Pro, GRI Larry Derksen, CRS Gary Fenton, ABR, CRS Judy Marcum, CRS, GRI Tony Marriott, ABR, ABRM, CRB, CRS, e-Pro, GRI Marion McGuire, CRS, GRI Susan Ramsey, ABR, CRS, GRI Bridget Reynolds, CRS, GRI Kathy Sanford, GRI Lory Smith, CRS, GRI Diane Scherer Chief Executive Officer, Editor, Corporate Secretary & Treasurer, Diane@DianeScherer.com Peter L. Mosca Consulting Editor www.BAK-Communications.com BAKComms@aol.com Debbie Leadford has been the Association’s Education Director for the past 8 years. She is referred to as the “Phone Nazi” by her students and “Education Director from Hell” by her instructors. Debbie was born in Phoenix but was raised in Ajo, a community that depended on copper mining. As a young adult she moved to Leadville, Colorado. Where in the summer’s she worked as a tour guide for a museum called the Healy House. On average, there were 36,000 visitors through the museum each summer. If you worked at the museum you had to dress in 1899 period attire. After leaving Colorado she moved to Flagstaff and went to work for First American Title as a receptionist - her first taste of real estate. When Debbie moved to Phoenix she went to work at Longs Drug store then for Walgreens. While working for Walgreens she ran into Mrs. Nixon and was told that Elaine, a fellow Ajo native, was the personnel director for Realty Executives. So now you know the rest of the story. Debbie started her real estate career by accident with Realty Executives in 1984 as a “roving secretary”, where she covered for secretaries out sick or on vacation. Eventually she met, PAR’s CEO Diane Scherer, and worked for her as an assistant in the Administration office. Even back then Diane believed in cross training so Deb learned MLS, phones, accounting, inter-office mailing and ordering supplies. When Diane moved on to the Association, Debbie became an office coordinator for the Moon Valley office of Realty Executives. In 1989 she took a position as the Office Manager for the Glendale Board of REALTORS®. continued on page 6 • The Phoenix REALTOR® Forum is published monthly by the Phoenix Association of REALTORS®, 5033 N. 19th Avenue, Suite 119, Phoenix, AZ 85015-3294. Subscription price is included in annual membership dues. POSTMASTER: Send changes to the Phoenix REALTOR® Forum, 5033 N. 19th Avenue, Suite 119, Phoenix, AZ 85015-3294, (602) 246-1012; FAX (602) 246-1512; E-mail Diane@DianeScherer.com. PAR Web site: http://www.paronline.com. • The Phoenix Association of REALTORS® makes no warranties and assumes no responsibility for the accuracy of the information contained herein. The opinions expressed herein do not necessary reflect the opinions of the officers, directors or staff of the Phoenix Association of REALTORS®. • The Phoenix Association of REALTORS® does not endorse any outside vendors or products and appearance of product or vendor information in this publication does not reflect official endorsement. Submissions of articles and photographs are welcome and remain the property of the Phoenix Association of REALTORS®. The editor reserves the right of full editorial authority and to decline publication of any article not deemed proper. Deadline for all submissions, including camera-ready advertising on disk or film, is the first of the month prior to publication. Reprint with permission only. Reprint permission may be obtained by calling the Phoenix Association of REALTORS® at (602) 246-1012. • For advertising rates and information, contact Sonia Sanato, (602) 246-1012. The Phoenix Association of REALTORS® makes no warranties and assumes no responsibility for the accuracy of the advertising information contained herein. REALTOR® is a registered collective membership mark that identifies and may be used only by real estate professionals who are members of the National Association of REALTORS® and subscribe to its Code of Ethics. 2 The Perfect REALTOR® Support Organization www.paronline.com Brokerage Design w/Jeremy Conaway Fine Tuning Your Team for the New Market: Revisiting from ‘Good to Great’ by Jeremy Conaway Each month I have the opportunity to talk with brokers across the country who admit, once the initial bravado recedes, that the current market configuration is a bit intimidating and they don’t know where to start. The solution to that dilemma is simple. Start where you can have an impact. There is nowhere you can have a greater impact right now and for any smaller a financial investment than your own organization. For those who believe in learning on the go there are few books in print today on the subject of company performance under stress that can match Jim Collin’s magnificent 2001 book entitled “From Good to Great.” Without hesitation I would earnestly and passionately recommend that every one of you either pull it off your shelf and reread it or visit your local bookstore and have the experience for the first time. During the late 1990’s and early in this decade, Collins, a long time Stanford professor and big league business consultant, employed the services of a research team to identify eleven companies that, during a fifteen-year period demonstrated a sustained record of “great performance.” “Greatness” was defined as financial performance several times better than the market average of similar companies over a sustained time period. An essential element of Collin’s research was that each of the companies examined had survived a “point of transition” within their industry. This point of transition was a bit different for each company depending upon the specifics of their industry. Yet for each it was a point of reckoning, survival and differentiation. Collins and his team set out to examine each company’s transition point. The objective was to identify the characteristics that the ‘Good To Great’companies discovered, developed or utilized during the transition their industry counterparts did not. For the purposes of this discussion and with respect to the American real estate industry, I would respectfully suggest that the current industry challenge represents a classic “point of transition.” The real estate industry’s current situation is not about a “down market” but rather reflects a wide range of market and business practice challenges that must be addressed to effect the “transition.” The Collins research identified three phases within the transition process and suggests that each introduces two key concepts. Taken together these six factors were found to be the core values of the ‘Good To Great’companies. The book is expertly organized around these factors. • Level 5 Leadership • First Who... Then What • Confront the Brutal Facts • The Hedgehog Concept • A Culture of Discipline • Technology Accelerators. While each of these concepts is relevant to the current real estate situation, I would recommend that firms start with the second. In dealing with the “not what, but who” concepts Collins www.paronline.com and his team really drill down to the issues that are at the root of the real estate industry’s challenge. It was here that the now infamous phrase “get the right people on the bus” emerged. Most of the winning companies discovered that at the onset of the transition many were carrying people who were never going to be part of the solution, who never intended to make the transition. Enter the concept of the “flywheel.” As the more mechanical reader will know, the flywheel is the device that balances out the sometimes inconsistent output of a small engine. The whole objective of a business organization is to keep the flywheel turning. The power of a turning flywheel in turn provides the necessary energy to perform the functions for which the engine or the company exists. Three different profiles of organizational players were identified. First, there are the “flywheel drivers,” those who spend their time doing everything they can to keep the flywheel turning. Second there are the “flywheel riders,” those who, while they appear to be contributing, are really faking it. Finally, there are the “flywheel brakers,” those who spend their energies sabotaging the company’s forward progress. In the real estate industry, there are many amazing flywheel drivers. Unfortunately, there are also a huge number of riders and brakers. These are folks who are either trying to make it through to retirement without changing, or those who believe that the industry reached its operational zenith in 1985. Either way they will not be part of the solution, they are refusing to make transition. Without intervention they will also keep the company from making the transition. Start your transition by reading “From Good to Great.” As you read, create a list of questions about your company. The first two questions might be; can you become a Level 5 leader and who in your company is a flywheel driver, a flywheel rider or a flywheel braker. Get the right people on your bus. It is worth the ride. [Editor’s Note: Jeremy Conaway is a keynote speaker, conference facilitator, and consultant to the Real Estate industry. He is President of RECON Intelligence Services, jeremy.conaway@reconis.com, www.reconis.com, 231.938.7326.] The Perfect REALTOR® Support Organization 3 Tips, Trends & Tactics New HUD Conforming Loan Limits: What This Means for Housing, ® REALTORS , and the Economy The U.S. Department of Housing and Urban Development recently published new FHAand conforming loan limits, based on median home prices as mandated by the Economic Stimulus Act signed by President Bush. New loan limits for FHA and Fannie Mae and Freddie Mac are now calculated at 125 percent of the HUD published median prices, with a floor of $271,050 and $417,000, respectively, not to exceed $729,750. NAR expects the impact on the housing market to be significant because of the infusion of capital into the mortgage market, which should result in lower interest rates across the board. In addition, there will be a direct impact on high-cost areas that previously required borrowers to take out costlier jumbo mortgages. NAR research points out that increasing FHA loan limits will help an additional 138,000 Americans achieve the dream of home ownership and will allow nearly 200,000 homeowners to refinance and potentially keep their home. In addition, NAR believes that increasing the loan limits for Fannie Mae and Freddie Mac will bolster the housing finance market, which continues to be severely stressed, by providing an immediate infusion of much needed liquidity to the nation’s mortgage market. An economic impact study conducted by NAR in January 2008 estimated that increasing conforming loan limits would result in as many as 500,000 refinanced loans and could help reduce foreclosures by as much as 210,000. In addition, over 300,000 additional home sales could be generated, housing inventory would be reduced and home prices would be strengthened by two to three percentage points. Why HUD Took This Action HUD was mandated in the Economic Stimulus Act to publish new loan limits within 30 days of the bill's signing by President Bush on February 13. How HUD Calculates Its Median Home Prices HUD median home prices differ from those published by NAR. That is because HUD uses a variety of sources and different areas to calculate the median home price. Who Will be Affected Increased loan limits will have a wide impact. The added liquidity in the mortgage market will help to make mortgages more easily available. Receiving direct helped will be borrowers in high cost areas who previously had no recourse except high- cost jumbo loans, and those with high-cost loans who can refinance into lower interest rate loans. [Note: For specifies of the new FHA and GSE Loan Limits for every county in the United States, go to www.realtor.org/GAPublic.nsf/files/chart_hud_loan_limits_08.pdf/$F ILE/chart_hud_loan_limits_08.pdf.] 4 How to Work in Foreclosures & Short Sales continued from page 1 Listen Up Many times, sellers don’t even know they’re in a short sale situation. Other times, they just don’t know what to do. One way to fail quickly is by turning on your hard-sell tactics and dictating to your customers, particularly if you’re working with sellers. Understand that most of these people are in financial distress and possibly dealing with a life-changing event such as a death in the family, a divorce or a job loss. They probably want to keep their home, but have no idea how. They are being barraged by phone calls and letters, and are wondering where they will be living a month from now. To handle these tough situations, I first listen to the issues and let the home-owners vent. I never pass judgment. And I don’t talk about my services or myself at all; instead I just pay attention and ask follow-up questions when appropriate. Once I know their story I offer solutions (such as a short sale worked out with the lender) to the problems, and let them decide how to proceed. Become Educated What the average real estate professional lacks in this market sector is knowledge about how foreclosures work and their role in helping owners or buyers get the best possible bang for their buck (given their financial or life situation). A real estate foreclosure trainer who was also an investor taught me how to buy properties that are in foreclosure and how to negotiate debt on various loan products. I learned about it from the investor perspective and then applied that knowledge as a real estate professional. If you’re looking to bone up on this area of the market, you should attend classes, find mentors and read up on the process online and in trade journals. Short sales, for example, require a high level of knowledge about the inner workings of these deals. The more you know, the easier it will be to see these transactions through. Learn about the different parameters that each loan must meet in order to qualify for this type of sale. An FHA loan, for example, may have different guidelines concerning the seller’s financials than a VA or a Freddie Mac loan. Be aware of this so you’ll know how to put together packages that meet those criteria. Become the Buyers’Expert One way to court buyers is through real estate investment groups, which comprise investors who are always on the lookout for foreclosures and short sales. And don’t forget to advertise your expertise on your Web site (e.g., by creating a section specifically targeting buyer-investors seeking foreclosure properties). The Perfect REALTOR® Support Organization continued on opposite page 5 www.paronline.com Tips, Trends & Tactics Going to foreclosure auctions to find prospective buyers is another excellent approach. Finally, word of mouth works well, particularly when it comes to referrals from other real estate professionals who may not specialize in this market, but who come to trust you as a good source of information for their buyers and sellers who are in need. Through these sources, and through networking, sign calls and the local MLS (for marketing to other real estate professionals), you’ll be able to develop an extensive database of potential buyers of distressed properties. Spread the Word to Sellers The best way to reach sellers of foreclosure properties is by buying lists from Web sites like Foreclosures.com and ForeclosuresDaily.com or checking the Internal Revenue Service’s property site (www.treas.gov/auctions/irs/ index.html). Through these online resources you can determine which properties in your area are coming up for foreclosure and then approach potential sellers with your services. Form bonds with mortgage brokers, bankers, lawyers and other real estate professionals, all of whom will refer business your way if they know that you can help their customers navigate the foreclosure waters. And once you’ve helped someone out of that situation, expect to see a constant referral source of business both from the seller (who will eventually buy another home and look to you for help with that acquisition) and from his or her family and friends. When I started in this area of the market five years ago, I was skeptical when I was told that people would be grateful that I came knocking on their doors, ready to help. They’re losing their homes; how could they possibly be grateful? But, I’ve since learned that a real estate professional’s services are sorely needed in this arena, where an increasing number of homeowners are grappling with foreclosure. It all pays off when sellers tell me they’ve had their best night’s sleep in months and I’m the answer to their prayers. [Note: Reprinted from Florida Realtor Magazine, November 2007 | by Jeanny Campbell | page 56. Jeanny Campbell is a sales associate with RE/MAX Realty Plus in Sebring. In the industry since 1980, she expects to close 75 transactions this year, at least 50 of which will be foreclosures or short sales. Campbell is also affiliated with No For Group Inc., a firm that negotiates debt and coaches sales associates, brokers and buyers/investors on how to work in those markets. Getting to Know... THE PAR STAFF continued from page 2 In 1994 there was an opportunity for her to work with Diane again, so Debbie joined the PAR staff and became Diane and Marc’s assistant. Once again, there was that cross training thing… so she learned the store, MLS, membership, accounting, back up for the phones and any thing else Diane thought she needed to know. Deb took a year off from working in the real estate arena during 1999 and worked for a group of Engineers - - she came back to PAR in 2000. She teases that her favorite hobby in life is giving her longtime friend, the CEO, a hard time. Debbie has been married to Sonny for 28 years. She has 2 children, 4 grand children, 2 dogs, 3 tortoises, 3 cockatiels and a rat. When she has the time she likes to go “quading”, fishing and kicking around rocks in the desert. Although the PAR staff has a lot of animal lovers, Debbie heads the group. www.paronline.com The Perfect REALTOR® Support Organization 5 Tips, Trends & Tactics 10 Frequently Asked Short Sale Questions by D.C. Fowler Here are 10 frequently asked short sale questions that are very helpful especially if you are just getting started or considering short sales as a means to acquiring pre-foreclosures. What happens to the seller's credit rating when they allow an investor to short sell their property? What typically happens is the loan will show up as "paid" on their credit report; however there will be a notation that says "settled for less than originally owed" or something along these lines. It is more favorable for a homeowner to short sell than to have a foreclosure on their credit report. Where do you find investors for short sales? Depending on where you live, you may see investors who advertise with bandit signs or in your local newspaper. Call the investors directly and ask them if they are experienced in doing short sales and if they would be interested in working with you. Another good place is your local real estate investors club meeting. Define a short sale? A short sale is really a form of pre-foreclosure sale and occurs when the mortgagee agrees to accept less than the loan amount to avoid foreclosure. A negotiated short sale results in a discounted purchase price for the buyer. The buyer would finance the acquisition much the same as in any conventional realty acquisition... but without the luxury of time. 1 2 3 Can an owner profit from a short sale? The seller cannot profit (monetarily) from a pre-foreclosure short sale.. But there are always exceptions to the rule. How do bankruptcies affect the possibility of doing a short sale? Most mortgagees won't consider a short sale if the homeowner is in bankruptcy...why? Because negotiating a short sale payoff is considered a collection activity. Collection activities are prohibited in bankruptcy. Can somebody tell me what documents do I have to include in a short sale package? Documents depend on the lender. Each lender has different requirements. It is typical to require hardship letter, purchase and sales contract, ECOR, settlement statement (HUD 1), net sheet, pay stubs, bank statements, personal financial sheet (monthly budget), amongst other things. What percentage of mortgage companies send someone out for an appraisal on a possible short sale? All lenders order a BPO or full appraisal of the property before making their decision to accept or reject the short sale offer. This is there only way of assessing the value of the property. How late in the pre-foreclosure process can you start a short sale? Try to allow a window of at least 90 days to effectuate a mortgagee approved, pre-foreclosure Short Sale. What is a Due on Sale clause? “Due on Sale” Clause (DOS) Provision in a mortgage or deed of trust calling for the total payoff of the loan balance in the event of a sale or transfer of title to the secured real property. A contract provision which authorizes the lender, at its option, to declare immediately due and payable sums secured by the lender's security instrument upon a sale of all or any part of the real property securing the loan without the lender's prior written consent. For purposes of this definition, a sale or transfer means the conveyance of real property of any right, title or interest therein, whether legal or equitable, whether voluntary or involuntary, by for deed, leasehold interest with a term greater than three years, leaseoption contract or any other method of conveyance of real property interests. Standard language which states that the loan must be paid when a house is sold. Will banks allow a short sale when the owner has some or a good amount of equity? If a property has what the lender would consider a substantial amount of equity, chances are they would consider allowing the property to foreclose and then reselling it closer to the retail value. Focus on homes that do not have much equity. Your job will be to create the equity in the home by negotiating a successful short sale. [Note: D.C. Fowler has been a real estate investor for 15 years specializing in the area of pre-foreclosure/short sale investing. He has bought and sold over 200 homes in Georgia, Florida, Louisiana, and Tennessee using the same short sale techniques that he teaches in his course, Making Money with Short Sales: The Complete Guide to Acquiring Property Pre-Foreclosure. He also spends many hours per month teaching his creative real estate investing techniques to other aspiring investors.] 4 5 6 7 8 9 10 6 The Perfect REALTOR® Support Organization www.paronline.com Association News A Memory Shared... A special thanks to 1982 PAR President Mel Johnson for donating a scrapbook his father kept. Mel’s dad owned the real estate company Johnson & Johnson. Grant Delph, 1933 PAR President, gave the scrapbook to Mel’s dad when his office closed, and Mel shared it with PAR for our archives. Do you have memories to share? If you have historic data or a story to tell about the Phoenix Board or real estate, please forward it to Diane at PAR at dscherer@paronline.com or 5033 N. 19th Avenue, Suite 119, Phoenix, AZ 85015-3294. Before she retires, Diane is planning a book about the association featuring first-hand stories from members and their memorabilia. Plus, you may see your story or memorabilia here in the Forum. www.paronline.com The Perfect REALTOR® Support Organization 7 May 2008 Education Monday Go Online to Register — www.paronline.com Tuesday Wednesday 9 - 12 - Disclosure Ethics #C6637 - Don Martin 3 hrs Disclosure This Month’s Store Specials... PVC(White) Info Tube — (was $8.00) Sale Price $7.00 Laser Master — (was $32.25) Sale Price $28.50 5 6 Thursday Friday 1 8 1 - 4 p.m. Agency Gets Ethics #C8046 - Don Martin 3 hrs Agency Law REALTOR® Code Classes GRI #319 “Tax Deferred (1031) Exchanges” Nancy Seago 7 8 9 14 15 16 22 23 29 30 6 hrs General 12 9 - noon - Professional Conduct & the NARCode of Ethics #C7612 Ed Ricketts 3 hrs Commissioner’s Standards 13 9 - 12 - Financial Issues in Contract Writing #2684 David Compton 3 hrs Contract Law 1 - 4 p.m. - Professional Conduct & 1 - 4 p.m. - Fair Housing Case Studies the NARCode of Ethics #C7612 - Ed #C4507 - David Compton Ricketts - 3 hrs Commissioner’s Standards 3 hrs Fair Housing REALTOR ® Code Classes 19 20 GRI #308 “Safe Real Estate” Don Martin 21 5 hrs Commissioner’s Standards, 3 Legal Issues, 3 Disclosure, 3 Agency 26 27 9 - 12 - Mortgage Loss Mitigation: Intro to Short Sales #C8837 - Patrick Ritchie 3 hrs Real Estate Legal Issues GRI #308 “Safe Real Estate” Don Martin 5 hrs Commissioner’s Standards, 3 Legal Issues, 3 Disclosure, 3 Agency 28 1 - 4 p.m. - Understanding FHAHome Loan Guidelines & Policies - #C6020 Patrick Ritchie - 3 hrs General 9 - 12 - Guerrilla Marketing Business Plan - #C6906 Patrick Ritchie - 3 hrs General 1 - 4 p.m. - REALTOR® Code of Ethics: What Does It Mean To You - #C8838 - Diane Flannigan - 3 hrs Commissioner’s Standards 1 - 4 p.m. is a REALTOR® Code Class
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