What s Up with These Short Sale Buy Backs?

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1 What s Up with These Short Sale Buy Backs? DALE: Good afternoon. Today s topic of discussion is going to be going over the short sale lease back and short sale buy back. This is Dale with The Snyder Group at Keller Williams here in Las Vegas Nevada. I ve got our expert short sale negotiator and leader of our listing department, Erin Camp, with us today. >> ERIN: Hello. DALE: Erin s going to shed some light on this. She s really, truly the expert and been doing this for years. Before we jump into the conversation I just want to preface it by - you know the whole intent of this video is just frustration on our part of all of the bait and switch and misguided information out there. I m sure some of you have seen the billboards around town with the buy back and the lease option. And we just felt that we need to get some information out here to the consumer because basically all these is just going to be some bait and switch and really the intention of the consumer is not being looked out for. [music] DALE: Let s jump right in Erin. ERIN: Great. DALE: Shed some light for us if you will.

2 ERIN: Absolutely, I read an article about a month ago saying that Nevada was looking at bringing in a non-profit organization to start helping homeowners basically stay in their homes. So, how in the magic picture it would work, is an investor come- this non-profit comes in to buy your house as a short sale. DALE: Okay. ERIN: They go to the bank and say, we re buying the property at X, where they re going to allow the seller to lease the property for a certain amount of years. And then purchase the home at the same price that we purchased it for. So therefore we re not making any profit, we re just helping the homeowner out who is basically in a financial struggle. It was first heard about in California, and it s now being done actively in Arizona. So we all got really, really excited. I was like, Wow! This might be an awesome opportunity to finally help our homeowners out. The more you get starting to research it though, what I m starting to find now is companies are actually in Nevada saying we re non-profit. And really in a matter of 30 days, you magically come into our town and into our state, set-up a non-profit, and have all of this working? I m a little confused. I started to find out is not only or some of these non-profits, they re actually real estate companies. DALE: So, you have a non-profit real estate company? ERIN: Well, that s basically, yes. I have a non-profit name here is actually backed by my real estate company here. DALE: Ahh, sounds like a little fishy to me. ERIN: Yes, exactly. DALE: I mean potentially, I don t want to be negative about stuff, but we re just here to talk, be honest and open.

3 ERIN: No, no, but its not, but it is. It makes you kind of go, how is that working? One that was actively trying to do this, what we had found out was they came in they bought a home, they used an investor s money. So, soon as the transaction was done, the non-profit transferred the property into the investor s name which automatically were done. How s that protecting you as a homeowner in being able to say, okay, well the house was supposed to go to me now its gone from a non-profit to an investor and... it s a mess. And what it s doing DALE: It sounds pretty tricky and can be convoluted. ERIN: It is. There s a lot of red flags and there s a lot of talk about it. But I believe, bottomline it s not set-up yet. It s not here yet. And ultimately, I don t see the banks being ready or willing to do this with us. I just don t think we re there. >DALE: Yeah, okay so explain it a little bit more, maybe from a consumer s standpoint. What should they be doing? I mean, I m assuming if you re watching this video you want to keep your home or you re doing some research on this, trying to figure out what s going on for a friend. So what do you suggest to a consumer? ERIN: The first step always as a consumer is call your bank. If you ve tried the loan mod avenue and that just hasn t worked for you, or your in the process, stick with it. That loan modification is what s going to ultimately be able to help you. Now, if you re looking for a principal reduction, which I think everybody is looking at this. Oh great, I owe $400,000, my house is worth 2. This investors going to buy it and then selling it back to me in 4 years at $200,000. You have a better chance at going to your bank and asking them just to basically waive $200,000 of your loan. The chances are really, really slim and I just don t think again, going to happen for you. The biggest catch and the thing to remember, in all of this especially in Nevada is we have people coming in and saying, well I ve done this in California and I ve done this in Arizona. And that s great, because they re non-recourse states. Nevada, if in case you don t know, we are recourse state, which means the deficiency from what you sell your house to, to what is owed, you are financially responsible for that. The bank can come back

4 and sue you unless they have put into writing that they re going to waive it. So now what we have to go to is not only negotiate with the bank to sell your house short, to waive your deficiency, but now we have to convince the bank that even though you can afford your home they should let you stay in it and buy it back from this non-profit organization. Banks, I believe are going to say, why? You know, we re losing, we re losing, we re losing. The banks, I think, are saying, look, the reason we have allowed you to stay in the house and do a principal reduction is simply because we re all losing. I m sorry you re losing your house, you need to move out. We re losing this money but we re walking away. Everybody walks away - you know- and we re all kind of just short on this. DALE: Yeah. Yeah, that makes sense. And then you know just - if it seems to be too good to be true, it usually is. So my initial gut on this, and I ve done a little bit of research on it is - First of- a non-profit buying up all these homes. I just don t see it happening and the banks allowing it. It s just seems to be logical that it s going to happen. And secondly, if they were to do principal reductions, everybody would want to do it. And thirdly, you know prices have gone up 30% in the last 12 months. And the projected growth 10% more. So homeowners are even less likely to be upside down enough to really need a principal reduction. To me it seems more of just getting a put on a 30-year fixed to current interest rates which are in the mid to low 3 s, would be the best. ERIN: Absolutely. DALE: But in summary,you re saying reach out to their bank. Don t reach out to these non-profit, real estate companies. ERIN: Exactly, go to your bank first. Go to a reputable realtor, a reputable attorney, someone that you know is not looking for their best interest. It s not going to be, Come in, let s try to apply for this program and I m so sorry it didn t work so now we re going to sell your house anyways.

5 That s what this is. I really believe it s - trying to get you in that front door. They re going to sell your house and is it really in your best interest? Did they tell you to try that loan modification, first? Did they tell you to try mediation, first? Have you extinguished all your options to actually truly try to keep you in your house? DALE: Yeah, that s a good point. So, the other thing I wanted to go over, I want to read a couple of deficiency letters, here. Our short sale approval letters. If you do a short sale -about 95% of the mortgages are controlled by Bank of America, Chase, Wells Fargo, Ocwen, Citi, Fannie, or Freddie. That s 95% of the mortgages in this country. And they have very stern firm short sale approval letters, of which you are not able to stay in the home or have, I always confuse at this, is it a non-arms length? Is that the way I m supposed to say it? ERIN: Right, what the bank says, they make you sign what s called an Arms Length Affidavit, that basically says that it is a non-on-link transaction. Meaning we re not immediately related that there s no personal gain between the exchange of this property, Which comes in to exactly what this is. There is personal gain for you to sell your house because you get to stay in the house, you get to lease it back, and you then get to buy it. That s huge personal gain for you as a seller to participate in this program. DALE: Yes, that s right, exactly. So let me read one of these here. I m just going to read the bank of America, The parties, this is actually from one of our short sale approval letters. We have taken the verbiage out, Wells Fargo, Chase, Citi, Seterus, Aquin - these are actually from the approval letters. The parties acknowledge and agree that neither the buyer, nor the sellers, nor their respective brokers agents have any agreements written or oral that will permit the seller or the seller s family member to remain in the property, as renters or regain ownership of said property at anytime after the execution of the short sale transaction. This includes, if the seller s retaining a direct or indirect ownership, or possessory interest in the property, and or has a formal or informal option to obtain such as, interest in the future. I think I read that right.

6 So, in summary with that I just don t see how this is going to play out and actually come to fruition. I hope it does, and I really hope that homeowners can keep their homes because believe me I d rather see the homeowner, rather than the banks - not that the banks are winning - but the banks get the property back. It would be nice to help you out with this but - you know- it seems to be too good to be true. It usually is, right? ERIN: Absolutely. I really do think and where as I think maybe in the future it is coming, I definitely don t see it being here now. Again, a true non-profit is not something you set up overnight. This isn t something that you just jump on the bandwagon which is really truly what I feel all of this is right now. It s the next new, great, shiny object to get you to call in and ultimately sell your home. If there are options for you the bank is going to know. Call your mortgage institution. Talk with them, find out what options they have, we understand how frustrating that process is. We are here to help with anything that we can. DALE: Yeah right, fantastic. So in summary, if you want more information about this or to see if there s a possibility of this actually coming to fruition for you, contact your bank. You don t need to contact anybody else. Call your bank. If you d like to be consulted a little bit prior to calling your bank or after you talk to your bank. You know Erin, specifically, would be the one to talk to, to give some free honest advice on what the next step should be. So, this is Dale Snyder with The Snyder Group going over the buy back or lease back short sales with Erin Camp. ERIN: Have a great day. DALE: And thank you. Video Notes (Including Resources) Available at:

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