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Will County and DuPage County area homeowners who are interested in resolving their foreclosure situationthrough a short sale now have a better option when they chose me to represent them in the sale of their home.  I work with an attorney who has a team of 25 foreclosure specialists ready to assist you with the process of selling your home for less than what is owed by your lender at no out of pocket costs to you.

I have come across a lot of pre-foreclosure listings on the MLS recently that will require a short sale with their lender in order to avoid a foreclosure. I’ve talked to a lot of agents in the process of showing many of these listings, and there is a pretty wide range of how Plainfield real estate agents are handling these short sales.

While I have performed short sales for some of my own listings in the past, I have to say that it is a tedious and time consuming process that I never care to do again.  But that’s not the only reason I don’t like performing short sales.  I don’t do them anymore because I’m a Realtor, not a loss mitigator or a debt negotiator.

Will and DuPage homeowners in foreclosure now have a better option and more hope of sucessfully having their short sale approved by their lender. 

Why Lenders Would Rather Negotiate With a Short Sale Specialist/Attorney Instead of a Realtor:

• Many short sale specialists/attorney’s have established relationships with many of the lenders and can quickly and effectively supply all required documentation and information required to proceed with negotiations. 

• Since the real estate market is so pre-foreclosure and bank owned driven in the Will and DuPage County area, many Realtors are performing short sales out of sheer necessity, but since many Realtors were never trained to perform short sales, the lives of the loss mitigators who are handling these files are overwhelmed with packages that are incomplete or missing information.  Loss mitigators work on files that they know they can close, if your short sale package is missing any information it will sit on the “dead” pile for weeks or months before it is even looked at, if ever.

• Due to the level of inexperience with short sales by so many Realtors, loss mitigators have come to dread files in which they know they will be negotiating with a Realtor, to the point of being difficult and uncooperative in some situations.  If an attorney is handling the documentation, the loss mitigator knows that all of the documentation will be thorough and complete.

I’m not saying that there aren’t agents out there who sucessfully perform short sales, but if they are trying to manage more than 2 or 3 short sales at once, they won’t be left with much time to actually market your home for sale, or be available to answer your questions or phone calls.   Each short sale involves anywhere from 40-55 hours of work to complete depending on the lender.

What will you get when you list your home in foreclosure with me?

• A professionally negotiated short sale with experienced short sale specialists at no cost to you.

• Legal advice from a real estate attorney.

• Convenient option of Power of Attorney to avoid having to attend the closing.

• Experienced negotiators that are familiar with special circumstances such as 2nd mortgages, liens, and IRS situations.

• A professionally marketed property complete with a full MLS description, photos, advertising, virtual tour, and Internet presence.

Below is a list of FAQ’s regarding short sales provided by the law firms

foreclosure specialists:

Q:     The benefits of a short sale?
A:     You can sell the house and walk away.  Credit typically indicates “settled debt".  The foreclosure gets dismissed.  No deficiency judgment.  No bankruptcy. 

Q:     Will I owe the bank any money?
A:     The bank releases and typically writes off the deficiency.

Q:     Will I owe any income taxes on the deficiency?
A:     No, on December 20, 2007 President Bush signed into law the Mortgage Forgiveness Debt Relief Act of 2007 ensuring that any deficiency   written off as part of a short sale will not be taxed.

Q:     What about my closing costs?  Will I need to bring any money to closing?
A:     No.  All of your closing costs, the real estate commission, any back taxes owed, attorney fees, title company charges, etc., will be allowed by the lender and subtracted from the sale price.

Q:     What if I sign a contract to sell my house and the bank doesn’t approve the sale?  Will the buyer be mad?
A:     The buyer has been informed and understands that that this is a short sale and that your obligations are contingent upon your bank’s approval.  It is the real estate agent’s job to price the property to sell and then meet the banks appraiser at the property.

Q:     I owe $600,000 to the bank the but the house will probably sell for $300,000.  Will the bank accept such a huge loss?
A:     It typically has nothing to do with the loan payoff.  It is based on the value of the real estate based upon a bank appraisal of the property.

Q:     I have a second mortgage on the this house for $50,000.  How is this going to be handled?
A:     The property is in foreclosure.  The second mortgage holder knows that the first mortgage is in foreclosure because they were served summons and complaint.  Therefore, the second mortgage holder will release their lien, but they will need to be paid something.  Therefore, when an offer comes in, the Buyers agent will be called and notified that the buyer will need to bring money to closing to release the second mortgage.  This will be addressed in the contract addendum.

Q:     I owe the IRS money and I think they put a lien on my real estate.  How is this handled?
A:     Our foreclosure specialists usually get these released without paying the IRS any money.  They will do a preliminary title search on the property to determine what is present and what needs to be dealt with prior to the Contract for Purchase and Sale, or what needs to be dealt with during the contract phase.

Q:     Does the attorney handling the short sale represent me or the bank?
A:     The attorney’s office represents the seller, and they welcome your questions.  They can be contacted at the office or by cell phone.

Q:     Where will the closing take place?
A:     There are closing locations throughout the state of Illinois.

Q:     I am not going to sell this house for under $300,000!
A:     The Realtor will obtain authority to reduce the price each week in order to tell the property quickly.  No matter what the property sells for, the seller will not be receiving any proceeds from the sale.

Q:     What do you need from me?
A:     Financials I.E. last years tax returns, bank statements, check/pay stubs, W-2’s and a hardship letter.

If you have any additional questions regarding a short sale, or listing your home in foreclosure for sale, please contact me directly at 630-673-6233 or e-mail me at JT4NZ@msn.com.   I look forward to working with you.

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According to Crain’s Chicago Business an index of Chicago-area single family home prices will decline 8.1% in 2008 and another 2.2% in 2009.  Prices for homes in Plainfield and Naperville area, in general, have held up well against the current rates of depreciation, but the price declines are a necessary evil for bringing some long term stabilization to the real estate market. 

Plainfield home values have returned to their 2005 values which was pretty much the peak of the area’s appreciation during the real estate gold rush that swept across the nation.  I personally think that one of the reasons that appreciation was so high and depreciation has been relatively low in areas like Plainfield and Naperville has to do with the new development that took place during the years of 1998-2004. 

The lure of lower home prices on new construction became a concession to the distance that buyers were willing to travel for a newly constructed home in under developed suburban areas.  Buyers were able to buy low for a longer period of time until the development of the area caught up with the amenities of older and more established neighborhoods north and east of Plainfield and Naperville. 

After the area became developed, the prices in the area caught up with the national rate of appreciation, in addition to the quickly captured equity of “moving so far away” from where residents were originally from.  I think that those two factors softened the blow for the immediate rate of depreciation, BUT… that may not be the end of the story.

Plainfield home owners may have a tougher storm to weather in the long run.

Why? Because there is a large demographic of first time home-buyers in Plainfield. This demographic continued to rise every time a new developer built a subdivision on vacant land.  First time home buyers who bought a home from 2003-2005 were easy prey for unscrupulous mortgage lending schemes.  It was also an opportunity for new homeowners to be tempted by the market to strip their newly acquired homes of any and all available equity. 

First time buyers that find themselves in the wrong hands can often be misguided and misled to make bad decisions.  The best piece of advice I could ever give someone looking to buy a home it this:

Don’t let someone else tell you how much house you can afford. 

Now, I’m not saying that you shouldn’t seek the advice of a mortgage professional when it comes to buying a home, because that’s the first thing I’m going to tell you to do, BUT… I hope you already have an idea of what kind of a payment you can comfortably make before you start shopping for a loan.  Commit to that payment before you start shopping for a house because it’s really easy to inch up past that mark as you take in the excitement of buying a house.

Another reason things may get worse for Plainfield and Naperville sellers is that tighter lending restrictions have made it more difficult to reduce the inventory of homes available for sale from owners who want, or need, to sell their homes, and we all know from high school economics class that when there is a surplus of anything it drives prices down. 

Foreclosures in the Will County area are still on the rise and as long as there are bank owned properties, neighborhoods with a high volume or REO homes for sale will continue bring down the area values.

Home prices are still relatively high in comparison to area income levels and in order for home prices to stabilize, prices need to decline. 

Naperville and Plainfield sellers who are serious about selling their homes in this market will need to be serious about their homes value based on market time, active comparisons, and closed comps within the last 3-6 months.  Sellers who are not willing to price their homes according to the current market conditions will find themselves holding on to a property that is never going to sell. 

To find out what your house is worth right now, or to learn about the market conditions in your Plainfield or Naperville neighborhood, call me at 630-673-6233 contact me at the tab at the top of this screen for your custom market analysis or market report.