Short sales soar in California, U.S.

Instead of taking over homes through foreclosure and then selling them, many lenders are agreeing to short sales, in which a home is sold for less than the owner owes on the mortgage. (Joe Raedle, Getty Images / July 28, 2010) 104

Real estate deals in which lenders agree to take less for a property than the balance on the mortgage have tripled since 2008, a report says By Tiffany Hsu, Los Angeles Times August 11, 2010

Instead of taking over homes through foreclosure and then selling them, many lenders are agreeing to short sales, in which a home is sold for less than the owner owes on the mortgage. (Joe Raedle, Getty Images / July 28, 2010) 104

Sales of homes for less than the amount of their outstanding mortgage debt have tripled since 2008, particularly in California and the Sunbelt, according to a report released Tuesday.

Known as short sales, the increasingly common transactions for financially troubled homeowners are projected to balloon to 400,000 in 2010, according to Core Logic, a Santa Ana company that provides services to the real estate and mortgage markets. By comparison, existing homes sold at a seasonally adjusted annual rate of 5.37 million units in June, according to the National Assn. of Realtors.

In an economy in which jobs are scarce and a quarter of homeowners owe more on their property than it’s worth, short sales are appealing to investors, banks and owners as a cheaper way out than foreclosure.

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Such sales will likely remain routine as the mortgage industry attempts to stabilize, according to the report from Core Logic.

Through short sales, lenders and struggling homeowners agree the property will be sold at a loss, allowing the seller to escape crushing debt or the stigma of default. But in the process, the sellers watch their credit scores suffer and the funds they invested in down payments and renovations disappear.

And with fluctuating home prices, lenders can be reluctant to approve short sales. The transactions can be a hassle to execute, especially when multiple loans on a home mean a slew of creditors are included in negotiations.

Also, lenders have been burned in some short sales when they agreed to a below-market sale price only to see the property resold later at a significantly higher price.

Still, even though the number of short sales is still relatively small, the increase shows that lenders now view the transactions as “a good compromise between foreclosures and trying to ride out the market,” said Richard K. Green, director of the USC Lusk Center for Real Estate.

The number of transactions has exploded to more than 160,000 in 2009 from roughly 96,000 the year before. More than a quarter of the transactions occur in California, with another quarter split between Arizona, Texas and Florida.

About 4% of short sales are then resold within 18 months, according to Core Logic. The firm studied the short sales of more than 250,000 single-family residences over the last two years.

Short sales, Green said, could actually end up boosting the job market. Unemployed homeowners who can escape underwater mortgages have an easier time moving around, expanding their job search.

“In 2008, it was impossible to do these sales,” he said. “But there’s some regulatory pressure to get stuff off the balance sheet. And lenders are less in denial now, coming to grips with the reality that the economy isn’t going to snap back.”

tiffany.hsu@latimes.com
Copyright © 2010, Los Angeles Times

Lenders’ data mining goes deep

I love the data… I dislike that big brother has that much control and knows more about me than my family and friends… read on and let me know your thoughts.

Mortgage makers are going beyond tax returns and bank statements to determine whether you’re a good risk. They’re checking such things as where you have pizza delivered and where you shop online.

Reporting from Washington — That pizza you had delivered the other night could mean the difference between whether you are approved for a mortgage or rejected.

There’s a big stretch between making a house payment and paying for a pizza. But it’s not what you pay for carryout that matters, at least not in the eyes of lenders. It’s where the food was delivered.

Ordering takeout proves that you live where you say you do, and that helps lenders uncover the crook who claims to live in the property he is trying to refinance when he really lives hundreds of miles away. Or expose the 35-year-old who says he has a $1,200-a-month apartment when he really lives rent-free with Mom and Dad.

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When you order food online, you become part of a vast database that lenders might tap to help them determine whether you are a good risk. Moreover, all sorts of these data reservoirs exist, and none of them is off-limits to lenders who are coming off the worst financial debacle since the Great Depression.

“If the data is available and it can be obtained legally, I’m going to test it,” says Alex Santos, president of Digital Risk, an Orlando, Fla., analytics firm that works with lenders and investors to build better underwriting mousetraps. “If it is inexpensive and makes my credit model better, I’m going to use it.”

Digital Risk is just one of numerous risk-management companies that are continuously probing for ways to help clients quantify their risk, prevent fraud and otherwise ensure the quality of their loans. And they’re going to extraordinary lengths to do so.

For example, they might peek into your online-buying habits. After all, the reasoning goes, someone who buys his shirts from a Brooks Brothers catalog may have more disposable income than someone who shops at JCPenney.

“At least that’s a theory we can test,” Santos says. “We’re looking for any type of data source that you can plug into a computer. It takes only a month of trial and error to determine whether the information can help [determine credit risk] or not. We have a hypothesis, push a button, and the computer tells us whether the data is predictive or not.”

This sort of data mining goes way beyond your credit score, that financial snapshot that measures your ability and willingness to repay your debt. And, Santos says, “there’s a tremendous amount of this kind of analytics going on right now.”

Lenders are still checking credit histories, not just when you apply for a mortgage but also a second time a day or two before the loan closes. But your credit score — known as a FICO score for the name of the company that created the scoring formula — is now considered “too broad.” Consequently, it has moved down in the hierarchy of tests that lenders are using to make certain that someone isn’t hoodwinking them.

First and foremost, lenders are pulling copies of your tax returns directly from Uncle Sam.

Don’t be alarmed. You give the lender permission to do that when you sign Form 4506-T. The idea here is to make sure that you haven’t altered the copy of your last two years’ tax returns that you provided when you signed your loan application. Lenders want to know if you might have exaggerated how much you earned.

Form 4506-T isn’t new. But a few years ago, at the height of the housing-market bonanza when home loans were easy to come by, many lenders failed to use it. Now practically everyone is going straight to the federal tax collector to compare the returns you provided with those on file with the IRS.

Lenders also are going to great lengths to verify employment and assets. Not only are they calling the name and work number you provided on your application, but they also are seeking confirmation in writing from your employer about what you earn, your position and how long you’ve worked there.

It’s the same for your bank accounts. Rather than being satisfied solely with the copies of the bank statements you provided, lenders are going directly to your bank to secure another set of those statements to make sure the numbers line up.

Lenders are no longer taking the appraiser’s word for how much the property you want to buy or refinance is worth, either. Now, they are employing automated valuation models as a second line of defense to be certain the appraiser’s estimate is on the money.

Next in the line of defenses is your credit score, but not just the score pulled when you applied for the loan. Now, they are pulling a second score shortly before closing to make sure that you haven’t taken out a car loan, bought a houseful of furniture on credit or done something else that might change your ability to make your house payments.

Lenders also are searching for other undisclosed liabilities by running your Social Security number through a huge database known as Mortgage Electronic Registration Systems.

Since 1997, more than 63 million mortgages have been registered on the MERS tracking system, each with a distinct 18-digit identification number. So, if you have another mortgage that you “forgot” to tell your lender about, this check will probably find it.

Now, too, the most cautious lenders are digging into noncredit proprietary databases such as those maintained by Papa John’s or Victoria’s Secret. And nothing is out of the realm of possibility. The “only boundary,” says Digital Risk’s Santos, is whether information can be accessed legally.

As long as it does not distinguish between race, religion, age and other “protected” classes, anything is fair game.

Distributed by United Feature Syndicate.
Copyright © 2010, Los Angeles Times

Mortgage Delinquencies Fall in June, Still Near Record Highs

By Nick Timiraos at the Wall Street Journal – July 26th

After rising in May, the rate of mortgage delinquencies and foreclosures fell in June.

Some 9.39% of all loans were 30 days or more past due, down from 9.54% in May, according to LPS Applied Analytics, which tracks loan data. An additional 3.69% of mortgages were in some stage of foreclosure, down from 3.72% in May and the record high of 3.81% in March.

The ratio of loans that were seriously delinquent, or 90 days or more past due, to the amount of loans in foreclosure still shows a sizeable overhang but fell for the second straight month, to levels last seen last September. The fact that there are still more than double the number of delinquent loans than loans in foreclosure suggests that the glut of bank-owned properties will continue to weigh on housing markets for many months to come.

Foreclosure starts increased sharply during the month on loans owned or guaranteed by Fannie Mae and Freddie Mac as more government loan-modification trials failed to convert to permanent modifications. On Friday, Freddie said that its share of seriously delinquent loans fell for the fourth straight month, to 3.96% in June.

Separately, the S&P/Experian index of consumer credit defaults showed that that mortgage defaults were down by 5% in June from May, and down by 45% from one year ago. Second mortgage defaults were flat from one month earlier.

Data from Equifax and Moody’s Economy.com showed that mortgage delinquencies had the largest increase in San Diego; Sacramento, Calif.; and Charlotte, N.C. during the second quarter.

For the year ended in June, delinquencies were up most sharply in Phoenix, Seattle, and Charlotte, while St. Louis, Washington, and Denver posted the largest declines.

While I think that this is a great article, I believe personally that his numbers fall short. There are far more than 9.39% of all mortgages that are currently delinquent. I’m curious… what are your thoughts about the state of affairs and where the market is headed?

Homebuyer credit extension heads to Obama

An excellent article to clarify the existing tax credit; however please watch the video from CNN Money with Meridith Whitney commenting on the state of affiars of our current real estate market… very well done!

NEW YORK (CNNMoney.com) — First-time homebuyers will have until Sept. 30 to close on their purchases and land an $8,000 tax credit under a bill passed by the Senate late Wednesday.

President Obama is expected to sign the bill, which was overwhelmingly approved by the House on Tuesday. The deadline had been June 30.

The bill doesn’t help anyone currently shopping for a home. Buyers must have signed a contract by April 30 to qualify for the tax break. At issue is when the deal must be finalized.

Qualified existing homeowners also have until Sept. 30 to close on new homes and receive a tax credit of up to $6,500.

Congress has been trying to pass the extension for the last month, but it got caught up in Washington politics. Only when it was separated from a larger jobs bill did deficit-wary lawmakers sign off on it. The extension will lower the deficit by $9 million over a decade since it is offset by certain other provisions.

An estimated 200,000 people have missed out on the tax credit because they wouldn’t have been able to close by the end of business Wednesday. Many are trying to take advantage of short sales, which are complicated deals to complete.

The Senate approved the stand-alone homebuyers tax credit shortly after a failed attempt to advance a bill that combined the credit with an unemployment benefits extension.

Senate Majority Leader Harry Reid, D-Nev., said the chamber will take up the benefits bill again once a replacement for the late Senator Robert Byrd, D-W.Va., is named. – By Tami Luhby, senior writerJuly 1, 2010: 10:54 AM ET

Troubled homeowners find help outside Obama program

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Great article explaining the continued challenges with Loan Modifications and our current state of affairs.

More mortgages were permanently modified in May under the government program, but more modifications were canceled as well. Some of those borrowers worked out alternative terms with private lenders.

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A distressed home awaits a buyer in Davie, Fla. Mortgage servicers have been pressured by the government to make more loan modifications permanent. (J Pat Carter, Associated Press / May 12, 2010)
By Jim Puzzanghera, Los Angeles Times

Reporting from Washington —

More borrowers dropped out of the Obama administration’s foreclosure prevention program last month than were added, but many of those homeowners found private help from their mortgage companies, according to data released Monday.

The number of mortgages with permanently reduced payments under the Home Affordable Modification Program increased 15% in May to 340,459. The pace of new temporary three-month modifications eased in May, with an increase of just 2.5% to 1,244,184.

But cancellations of mortgage modifications continued to grow. Canceled trial modifications rose 55% in May from April. More than a third of all trial modifications started since the program began last year — 429,696 — now have been canceled.

Cancellations of permanent modifications also were up sharply, rising 70% to 6,357 in May from April.

But overall, homeowners with permanently reduced mortgage payments have fared better in the program. The cancellations amount to just 1.8% of all the permanent modifications offered since the program began last year.

The administration’s report said that at the eight largest mortgage servicers, including Bank of America, CitiMortgage and JPMorgan Chase, nearly half of homeowners whose temporary government modifications were cancelled received an alternative modification.

Of the 194,056 total cancellations for those servicers under the Obama administration’s plan, just 7% resulted in foreclosure actions. An additional 2% resulted in a short sale.

The Los Angeles-Orange County area continued to account for the most active trial and permanent modifications under the administration program, with 52,119, or 6.4% of the national total. The New York City area was second with 6.1%. The Inland Empire ranked fourth with 5%.

The $75-billion Home Affordable Modification Program offers mortgage servicers cash incentives to reduce mortgage holders’ payments. The goal is to modify the mortgages for 3 million to 4 million people by the end of 2012. The median payment reduction in permanent modifications has been about $500 a month.

But the program has been criticized for not helping enough homeowners and for slow participation and bureaucratic runarounds by major mortgage servicers.

Administration officials increased pressure on mortgage servicers in December to make more of the modifications permanent.

As part of that process, the administration reviewed cases in which some servicers denied mortgage modifications. Officials agreed with most of the decisions, but in 3.9% of the cases, reviewers disagreed with the servicers’ decisions and ordered the firms to hold off on foreclosure action until the cases were reevaluated.

jim.puzzanghera@latimes.com
Copyright © 2010, The Los Angeles Times

Want a loan modification? Get your paperwork ready. CNNMoney.com

Are you or someone you know thinking about getting a loan modification? Read this article first!

Another top notch article from NEW YORK (CNNMoney.com) — Attention delinquent borrowers: If you want to get into the Obama administration’s mortgage modification program, you’d better have your paperwork ready.

New Treasury Department guidelines go into effect on June 1 that will require loan servicers to verify applicants’ income and financial hardship before placing them into trial modifications.
This will make it much tougher to get temporary relief from unaffordable mortgage payments. But if you make it into a trial modification, you’re more likely to get long-term assistance, providing you send in your check on time.

“This will allow people to have more certainty that the modification they want will materialize,” said Suzanne Boas, president of CredAbility, formerly the Consumer Credit Counseling Service of Greater Atlanta.

Of the 1.2 million people who’ve started trial modifications, fewer than 300,000 have received permanent assistance. Another 278,000 have washed out of the program either because they didn’t send in timely payments, hand in the required documents or meet the eligibility criteria.

Paperwork has caused all sorts of problems for the president’s signature foreclosure rescue program. In order to get the effort off the ground quickly, administration officials allowed servicers to place people in trial modifications before verifying that they were indeed eligible for the program.

Originally intended to last three months, the trial period was meant to give troubled borrowers a chance to prove they could make the modified payments and qualify for a so-called permanent modification, which lasts five years.

Instead, many homeowners have been stuck in trial modifications for months and months while they wrestle with servicers over the documentation requirements. The financial institutions say that borrowers aren’t sending in the needed forms; homeowners contend the servicers are losing them.

At Saxon Mortgage Services and JPMorgan Chase (JPM, Fortune 500), for instance, about three of four borrowers in the trial phase have lingered there for at least six months.

A few servicers, however, have been requiring documentation up front all along. And the impact of this practice is evident in the government’s monthly modification report. Firms such as Ocwen Financial (OCN) and HomeEq Servicing have converted 83% of eligible borrowers to permanent modifications. Others that rely on stated income to place people in trials have yet to shift half their participants to long-term adjustments.

Many loans didn’t require much documentation when they were originated, which makes gathering the paperwork during the modification process that much more difficult, said Paul Koches, executive vice president at Ocwen. But doing so helps servicers craft sustainable payment plans.

“It puts us in a better position to determine the specific terms and conditions of the modified loans that will make it more likely that they will stick,” he said.

The pace of people entering trial modifications has already slowed as servicers have started requiring the paperwork in advance. Only 47,160 trials were started in April, down from more than 72,000 in February.

“You have pinging back and forth between borrowers and servicers,” said David Sisko, who heads Deloitte & Touche’s default management practice. “Requiring upfront documentation to really start the clock is a good thing.”

Though the application process takes longer, borrowers understand that they will now have a better ideas of whether they’ll get long-term assistance, said a Chase spokesperson.

Among the documents Chase and other servicers require are hardship affidavits, two recent pay stubs, a bank statement, a tax return, proof of occupancy and a 4506T-EZ form.

“If they make the trial payments, it’s almost certain they’ll get a permanent modification because all the paperwork has been done upfront,” she said.

If You Don’t Buy a House Now, You’re Stupid or Broke

A recent article in Business Week caught my eye.  Please take a minute to read the following and let me know your thoughts.

Interest rates are at historic lows but cyclical trends suggest they will soon rise. Home buyers may never see such a chance again, writes Marc Roth

Well, you may not be stupid or broke. Maybe you already have a house and you don’t want to move. Or maybe you’re a Trappist monk and have forsworn all earthly possessions. Or whatever. But if you want to buy a house, now is the time, and if you don’t act soon, you will regret it. Here’s why: historically low interest rates.

As of today, the average 30-year fixed-rate loan with no points or fees is around 5%. That, as the graph above—which you can find on Mortgage-X.com—shows, is the lowest the rate has been in nearly 40 years.

In fact, rates are so well below historic averages that it should make all current and prospective homeowners take notice of this once-in-a-lifetime opportunity.

And it is exactly that, based on what the graph shows us. Let’s look at the point on the far left.

In 1970 the rate was approximately 7.25%. After hovering there for a couple of years, it began a trend upward, landing near 10% in late 1973. It settled at 8.5% to 9% from 1974 to the end of 1976. After the rise to 10%, that probably seemed O.K. to most home buyers.

But they weren’t happy soon thereafter. From 1977 to 1981, a period of only 60 months, the 30-year fixed rate climbed to 18%. As I mentioned in one of my previous articles, my dad was one of those unluckily stuck needing a loan at that time.
Interest Rate Lessons

And when rates started to decline after that, they took a long time to recede to previous levels. They hit 9% for a brief time in 1986 and bounced around 10% to 11% until 1990. For the next 11 years through 2001, the rates slowly ebbed and flowed downward, ranging from 7% to 9%. We’ve since spent the last nine years, until very recently, at 6% to 7%. So you can see why 5% is so remarkable.

So, what can we learn from the historical trends and numbers?

First, rates have far further to move upward than downward; for more than 30 years, 7% was the low and 18% the high. The norm was 9% in the 1970s, 10% in the mid-1980s through the early 1990s, 7% to 8% for much of the 1990s, and 6% only over the last handful of years.

Second, the last time the long-term trends reversed from low to high, it took more than 20 years (1970 to 1992) for the rate to get back to where it was, and 30 years to actually start trending below the 1970 low.

Finally, the most important lesson is to understand the actual financial impact the rate has on the cost of purchasing and paying off a home.

Every quarter-point change in interest rates is equivalent to approximately $6,000 for every $100,000 borrowed over the course of a 30-year fixed. While different in each region, for the sake of simplicity, let’s assume that the average person is putting $40,000 down and borrowing $200,000 to pay the price of a typical home nationwide. Thus, over the course of the life of the loan, each quarter-point move up in interest rates will cost that buyer $12,000.
Loan Costs

Stay with me now. We are at 5%. As you can see by the graph above, as the economy stabilizes, it is reasonable for us to see 30-year fixed rates climb to 6% within the foreseeable future and probably to a range of 7% to 8% when the economy is humming again. If every quarter of a point is worth $12,000 per $200,000 borrowed, then each point is worth almost $50,000.

Let’s put that into perspective. You have a good stable job (yes, unemployment is at 10%, but another way of looking at that figure is that most of us have good stable jobs). You would like to own a $240,000 home. However, even though home prices have steadied, you may be thinking you can get another $5,000 or $10,000 discount if you wait (never mind the $8,500 or $6,500 tax credit due to run out next spring). Or you may be waiting for the news to tell you the economy is “more stable” and it’s safe to get back in the pool. In exchange for what you may think is prudence, you will risk paying $50,000 more per point in interest rate changes between now and the time you decide you are ready to buy. And you are ignoring the fact that according to the Case-Shiller index, home prices in most regions have been trending back up for the last several months.

If you are someone who is looking to buy or upgrade in the $350,000-to-$800,000 home price range, and many people out there are, then you’re borrowing $300,000 to $600,000. At 7%, the $300,000 loan will cost just under $150,000 more over the lifetime, and the $600,000 loan an additional $300,000, if rates move up just 2% before you pull the trigger.

What I’m trying to impress upon everyone is that if you are planning on being a homeowner now and/or in the foreseeable future, or if you are looking to move your family into a bigger home, then pay more attention to the interest rates than the price of the home. If you have a steady job, good credit, and the down payment, then you really are being offered the gift of a lifetime.

So… are you convinced?   What has to happen in order for you to take action right now?   Let me know what you think.

Credit Suisse – December Monthly Survey

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Check out the latest facts and trends from Credit Suisse regarding the Los Angeles/Orange County Real Estate Market… Does this sound familiar to you?

Los Angeles, CA – Attractive Affordability Continues
to Lure Buyers
(4,559 single-family permits in 2008, 21st largest market in the country)

Buyers still in the market following the tax credit extension. Buyer traffic remained
above agents’ expectations in November, as our buyer traffic index inched up to 59 from
57 in October (readings above 50 indicate traffic above expectations). Agents said there
was little change in traffic levels this month after the tax credit was extended early on, as
buyers continued to focus on the affordability created by low prices, low rates and the
credit. One agent noted, “The tax credit extension has put some people back in the market
who thought they couldn’t find what they wanted before. Most of the first-time buyers think
they should get a foreclosure or short sale for less than the asking price, but banks are
being firmer on prices.” Other agents said the extension of the credit also gave buyers
more confidence that they are getting in at or near the bottom of the market, especially as
inventory levels come down, although they do note buyers remain very value focused.
Lower inventories and solid demand lead to sequentially higher prices. Home prices
increased sequentially in November, as our home price index improved to 61 from 52 in
October (readings above 50 indicate higher prices over the past 30 days). Agents said
prices were helped by the strong demand trends, which led to a further drawdown in
inventories. Our home listings index improved to 84 in November from 71 in October, with
readings above 50 indicating lower inventory levels. We’re hopeful that these positive
trends can continue, but remain worried about the growing backlog of foreclosures that
have yet to hit the market.

Comments from real estate agents:
■ “There are too many cash buyers (investors) and real buyers are getting
frustrated.”
■ “Buyers are looking for bargains and trying to take advantage of the tax credit.”
KB Home, Standard Pacific and MDC have the most exposure. Approximately 3% of
sales for Hovnanian, KB Home and Standard Pacific come from L.A., the most among the
large builders.

More good news for consumers… Tax Credit extended!

real-legal-banner

Realegal®

More good news for consumers, our members, and the housing market recovery. Following the Senate’s favorable vote yesterday, the U.S. House of Representatives just voted 403 to 12 to extend the home buyer tax credit, expanding the parameters to include existing homeowners and not just first-time buyers. As you may know, C.A.R. and our partners at NAR have worked for months urging Congress and the Senate to extend and expand this crucial piece of legislation. We expect President Obama to sign the legislation in short order.

As it now stands, the federal tax credit will be extended through April 30, 2010, with a 60-day extension if a binding contract is in place prior to the deadline. First-time home buyers will continue to be eligible for a tax credit of up to $8,000, while existing homeowners will be eligible for a reduced credit of up to $6,500. To qualify for the $6,500 credit, existing homeowners must have lived in their current residences for at least five years. The bill also increases the qualifying income limits from $75,000 for single tax filers and $150,000 for joint filers to $125,000 and $225,000, respectively. The purchase price of the home is capped at $800,000 in both instances.

Under additional provisions included in the bill, taxpayers can claim the credit on purchases completed in 2010 on their 2009 income tax returns. The legislation maintains the provision that home buyers do not have to repay the credit provided the home remains their primary residence for 36 months after purchase, and waives this requirement for active duty military personnel who move due to a military order.

Nationwide, more than 1.4 million first-time home buyers were given the opportunity to become homeowners as a result of the Federal Tax Credit for First-time Home Buyers. We expect that number to increase dramatically in the months ahead with this new legislation in place. Thank you to our members who called, wrote, and e-mailed their congressional representatives and voiced their support for the home buyer tax credit. Your voices were heard – today’s vote is a direct result of OUR actions and involvement.

CALIFORNIA ASSOCIATION OF REALTORS®

NO NEW 21-DAY TURNAROUND REQUIREMENT FOR SHORT SALE APPROVALS

Brought to you by the CALIFORNIA ASSOCIATION OF REALTORS®

Realegal®

NO NEW 21-DAY TURNAROUND REQUIREMENT FOR SHORT SALE APPROVALS

Recently enacted Senate Bill 306 does not require lenders to review short sale requests from sellers and their agents within 21 days.  The new California law, which addresses certain escrow procedures, has been mischaracterized by some practitioners as landmark legislation calling for a 21-day turnaround for short sale approvals.

The new law inserts a short payoff amount request into the existing payoff demand law which generally requires a lender to respond to a request for a payoff demand statement within 21 days from when it is requested, typically by escrow.  The new law essentially requires, after a short sale has already been approved, for the lender to respond to a request for a short-pay demand statement within 21 days.  The lender’s response to escrow can be a short-pay demand statement or even, depending on the circumstances, a written statement electing not to proceed with the proposed transaction.

Another provision of SB 306 may also cause confusion.  In practice, a lender may approve a short sale subject to its review of a closing statement prepared by escrow, but the lender does not review that closing statement promptly.  Under the new law, if a lender fails to approve the closing statement within four days, the closing statement shall be deemed approved, but only if it is “not clearly contrary to the terms of the short-pay agreement or the short-pay demand statement provided to the escrowholder.”  The new law does not bind a lender to a short payoff amount in an offer that the lender has not approved.

Senate Bill 306 contains other technical changes in real estate related laws, such as, but not limited to, the following:

  • Expanding the existing requirement for a lender to contact certain borrowers to explore options for avoiding foreclosure at least 30 days before filing a notice of default, to include not only owner-occupied residences, but also owner-occupied residential property with two-to-four dwelling units.
  • Extending the existing requirement for a lender to record a notice of sale from 14 to 20 days before a trustee’s sale.  This provision does not change existing law requiring a lender to wait at least 20 days after mailing a notice of sale before conducting a trustee’s sale.

This new law comes into effect on January 1, 2010.  The full text of Senate Bill 306 is available at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_306_bill_20090806_chaptered.pdf.