Archive for November, 2007
A Successful Real Estate Referral Marketing Strategy
Thursday, November 29th, 2007Arizona Real Estate Law – Understanding Arizona’s Anti-Deficiency Statutes
Monday, November 19th, 2007
In Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a deficiency judgment after foreclosing on a property securing a loan, if the property does not sell for enough money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that preclude such recourse in many typical fact scenarios. In addition, the parties to a real estate contract may expressly agree that the lender’s only recourse is foreclosure on the property itself.
In the event of non-recourse loans, the non-recourse provision should be included in the mortgage or deed of trust. In most cases, the lender agreeing to a non-recourse loan will also want assurances in the loan documents that the borrower will not commit acts of waste.
In the absence of express agreement, Arizona law provides protection for borrowers against potential liability stemming from the sale of a property at less than market value in a foreclosure sale. The borrower, however, must act quickly to protect his or her rights. If the property sells for less than the amount owed to the lender, the borrower is entitled to ask a court to determine the property’s fair market value. In the event the court agrees that the far market value is higher than the sales price the buyer gets credit for the higher amount. This not only protects the borrower from an unfairly low price, but encourages lenders to make a credit bid for an amount near fair market value.
There is an even more favorable statute protecting borrowers against deficiency judgments involving single or dual-family dwellings on 2 1/2 acres or less where the loan is “purchase money,” meaning it was used to pay the purchase price of the property. Typically, loans used to refinance purchase money loans are also considered purchase money loans, although the use of some of the proceeds to pay other debts, obtain cash out, or for other uses may expose the borrower to recourse liability.
Significantly, even if the loan is not a purchase money loan, the lender’s election to utilize non-judicial foreclosure on the deed of trust renders it non-recourse by operation of law. The lender may, however, instead seek judicial foreclosure, which is more expensive and time-consuming, but preserves the ability of the lender to obtain a deficiency judgment. This anti-deficiency statute also allows a lender to seek a deficiency judgment against the borrower in the event of waste.
Because interpretation of the Arizona anti-deficiency statutes and related real estate laws can be very complicated, borrowers and lenders are advised to seek the assistance of an experienced real estate attorney with any questions or concerns they may have.
1031 exchange tax deferred benefits are hard to ignore
Tuesday, November 13th, 2007FHA 203k Rehab Loans and VA Loans – Mortgages For the New Economy
Wednesday, November 7th, 2007
Are you searching for a home and disappointed by the options available? Perhaps the home you can afford is too small for your requirements, or in need of extensive repair or upgrades. Two important federal government loan programs may be available for home buyers who qualify. These include VA Loans (Veterans Administration) for military personnel who have served in the Armed Forces and a ‘fixer upper’ loan, the FHA (Federal Housing Authority) 203k Rehab Loan. These two loans are reliable financing options for the new economy.
The FHA 203k program requires the home buyer use the property as a primary residence. The FHA 203k rehab loan cannot be used for investment property. The only exception to this rule is if the buyer is a qualified non-profit.
VA Loans are also designed for those seeking mortgage financing for their primary residence. New regulations for the VA Loans include lower credit scores and 100% financing.
Home Buying Guidelines for FHA 203k Loan Program
In the present real estate market, foreclosures are common. Many properties have been sitting empty or they were not properly cared for when owners lived in them. These properties are functional living spaces in need of repair or renovation.
Money is tight and home buyers are unable to obtain additional financing in addition to their mortgage for repairs and renovations. In response, the federal government has created the FHA 203k Rehab Loan so additional resources are available to qualified home buyers. “This is the only loan that some home buyers can afford when purchasing a home that needs renovations,” says J. Mansisidor, V.P. Branch Manager of SunTrust in Williamsburg, Virginia.
The 203k Rehab loan adds another layer to financing a home. After a property is selected by the buyer in a desirable neighborhood, the agent conducts a preliminary feasibility analysis. This analysis lists repairs necessary, and tallies the cost of rehabbing the property. The real estate agent also estimates a final market value on the home after repairs. The feasibility analysis needs to be conducted prior to ordering appraisals or estimates, to determine if the cost is too high to make the purchase worthwhile for a home buyer and the lender.
The real estate agent and buyer will execute a contract to purchase the property if costs of repairs and home purchase are aligned with current market values. A home buyer must have a sales contract in order to apply for a 203k Rehab loan. Within the contract there is a clause stating the sale will be contingent upon financing through the government lending program. Home buyers apply for the 203k Rehab loan through an approved HUD lender. Once the application is complete, the buyer obtains written estimates for the repair work needed. HUD lists approved contractors and fee consultants on the organization’s website.
Once the house is under contract and estimates are obtained, two different appraisals are needed. The first appraisal will be made on the current value of the home; the second appraisal will be an assessment of the value of the property after repairs are completed.
“The lender sets the loan at the value of the property when the repairs are complete,” says Mansisidor. The mortgage cannot exceed the lesser of either the value of the home in its existing condition plus the cost of repairs and 6 months’ worth of mortgage payments; or 110% of the estimated value of the home after repairs. The amount of the loan is also subject to maximum FHA mortgage limits, which vary from place to place.
Homebuyers may either hire a qualified contractor, or perform the repair work themselves. If the homebuyer completes repairs, the loan will only pay for materials. Leftover funds for repair can be used for additional repairs, or applied to the loan principle. Repairs must be completed on the home within six months of the purchase. The repair funds are distributed incrementally, and a HUD inspector reviews progress before more funds are released.
Homebuyers may close on the home with as little as 3.5% down. If the home cannot be lived in while renovations are in progress an additional six months of mortgage costs can be added to the loan so that the homebuyer may live somewhere else while repairs are being done.
VA Loans
VA Loans are a federal government lending program designed for Armed Force’s members both active and reservist. The requirements have changed dramatically in the past few years. Previously, “credit scores were not required for VA Loans,” says Mansisidor, “manual underwriting was applied to the VA Loan process.
Nowadays underwriters, loan officers, and lenders are more cautious. Most lenders now require a minimum 620 credit score. Mansisidor says in the majority of applicants who are approved VA Loans, “Debt to income ratio does not exceed 50%.” He also cautions that “applicants should be two years removed from bankruptcy prior to their application date and there must be no late payments on debts for at least 12 months.”
There are substantial advantages for those approved for VA Loans. “This is the only loan right now, other than first time homebuyer loans, that offers 100% financing,” says Mansisidor. He adds, “No mortgage insurance is required for this loan because the government insures it. This can be a large savings, especially with VA jumbo loans.”
The federal loan programs outlined above show that political leaders are working on improving the mortgage financing options available. Home buyers need to keep their credit scores, debt to income ratio, and objectives with home renovations in line with monthly earnings to ensure mortgage approval for both programs.


