Board-certified real estate attorney Gary M. Singer answers housing questions in this space each Friday. To ask him a question about short sales, mortgages, refinancing, homeowner's associations or any other residential real estate topic, click here.
Q: I heard that some banks give homeowners money in a short sale to help them move out of the property. Is this true? ? Cathy
A: It sounds too good to be true, but it?s legit. The Sun Sentinel wrote about this in June. Many lenders will offer homeowners a few thousand dollars to leave the home in good shape following a foreclosure, but some lucky borrowers get up to $20,000 for completing short sales.
Some lenders offer financial assistance, either through internal initiatives or the government?s Home Affordable Foreclosure Alternative program. Chase and Wells Fargo were two lenders mentioned in the Sun Sentinel story, but they were intentionally vague about who qualifies for the money and why. My experience tells me that eligibility for these programs is rare, but it never hurts to try.
In some cases, you must contact your lender and ask for the money before you have a buyer in place. This is quite different from how a normal short sale works in which it?s a waste of time to contact your bank before you have a bona fide contract to sell the property. Typical incentives given by the bank are relocation assistance from $3,000 to $20,000 and a waiver of the deficiency between what your home is worth and what you owe your lender. These programs are limited in scope, often limited by the location of the property and by who owns the loan. For example, properties in Florida are generally eligible, but loans insured by Housing and Urban Development, Federal Housing Administration, Veterans Affairs and other government entities often are ineligible. If your loan is not eligible, it may very well still be approved in a ?traditional? short sale.
Q: My soon-to-be ex-husband was the only borrower on our home loan. He left me with the kids and is nowhere to be found. I can?t afford to pay the mortgage, and I have been served with foreclosure papers. The bank will not consider me for a loan modification because I am not the borrower. What can I do? ? Anonymous
A: You can defend yourself in the foreclosure lawsuit. Even though you are not the borrower, you do have an interest in the house, either as a co-owner or as the spouse of a homestead property. As an interested party in the lawsuit, you may appear in the case and present all available defenses to the foreclosure. Also, your attorney can insist on a mediation and potentially work out a solution to your dilemma, such as the bank allowing you to buy the property or take over the loan in your name in a modification. While these solutions are long shots, they are possible, and you have to be in the game to win it. The better your defense of the lawsuit is, the more leverage you have to persuade the bank to work with you.
Special warning: Be aware of two check scams that have popped up recently.
One such scam involves a potential tenant that give the landlord a cashier?s check, or some other official check, often from a Canadian bank, as a deposit for a lease, with plans to work out the details later. There is some small dispute and the landlord and tenant can?t come to terms on the lease, and the tenant asks for the money back. The landlord tells the scammer that the cashier?s check was deposited, and the tenant agrees to take a personal check from the landlord. Often the scammer will even take less than the whole amount deposited ?for the landlord?s trouble.? It?s only a few days later, when the cashier?s check bounces, that the landlord finds out the check was counterfeit, and the landlord is out the money. Be sure to call the issuing bank to verify a check before you deposit it.
Another common scam happens when the victim gives a personal check to the scammer for some service or product. A few minutes or hours later, the scammer comes back to the victim and says he had problems cashing the check. The scammer then asks the victim to take back the check and pay cash instead. Again, the scammer may even offer a discount for the ?trouble.? Several days later, the victim finds out that the scammer deposited the check with one of the smartphone camera apps allowing remote deposit and the victim is out both the check and the cash. Of course, the account is now closed and the scammer is long gone. The moral of the story: Once a check is out of your sight for even a second, do not take it back.
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed, nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.
To follow Gary Singer on Twitter, click here.
steve o greg giraldo greg giraldo dancing with the stars bob hope mariano rivera mariano rivera
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.