Minnesota Real Estate

February 18, 2010

Eden Prairie Real Estate for Sale by Joe Niece

Eden Prairie Real Estate for sale is a great investment.  On first look, I agree, it is a pretty broad statement but lets look at fundamentals. 

Eden Prairie Real Estate has always been one of the best appreciating markets in the Minnesota Real Estate MLS.

Eden Prairie Real Estate has appreciated more during good markets.

Eden Prairie Real Estate has depreciated less in bad markets then most other cities in Minnesota.

When you look at these facts and take into account that it is a great city with lots of green space, parks and shopping it start to make sense.  Just these things would convince most people that Eden Prairie Real Estate was a great deal.

If you add the fact that it has one of the best schools systems in the United States with great teachers, parent involvment and just plain great kids, you have not hit the jackpot.  Eden Prairie Real Estate is a bargain.

Eden Prairie also has a great mall- the Eden Prairie Center, the Minnesota Vikings call it home and it has access from multiple highways/Interstates. 

If you are looking to buy or sell, I would love to help you with your investment in Eden Prairie Real Estate.

February 6, 2010

2312 Old Beach Rd Minnetonka Beach,A true Gem

February 1, 2010

Circle Pines Home Value Estimator by Joe Niece

**
1. Find your Home Value

2. Sell your Home

3.  Done

 This Circle Pines Home Value Estimator thing is easy, right? 

Unfortuantely, it is very hard to find your correct sell price unless you have a Circle Pines Home Value Estimator. Even during regular real estate markets, it was not very easy.  In most real estate markets, at least 30% of the homes on the listed on the market do not sell.

The three factors to consider when determining your Circle Pines home value are location, condition and price…..and they are related just like the legs on a three legged table.  If you are going to be successful, you need a great Circle Pines Home Value Estimator

 

LOCATION: Leg One

     Your location influences your Homes value.  A home on the lake or one inside a quiet subdivision has a much higher Circle Pines Home Value than the identical home located on a busy street.  Owners of property on a busy street will lose 10-30% of their Circle Pines Homes value.  Remote areas typically sell for less than areas that are closer in as people trade the cost of time and gas with the value of the home.  Views, streams and even trees can typically enhance Circle Pines Home values.  Having a toxic waste dump next to your home will do nothing to help the value of your Circle Pines home

CONDITION: Leg Two

     New homes enjoy a value edge over resale homes.  This is not just because they are new but because they do not have any of the flaws that detracts a buyer or lowers the home value of a Circle Pines resale home.  Every wear mark, stain in the carpet or room with wall paper will normally lower the value your Circle Pines home will sell for.  In this market with so many homes to choose from.  A homeowner that leaves things for the buyer to do may never receive an offer at all.  Cleanliness  is another huge factor that will determine your Circle Pines Home Value.  You would be amazed at how much value home Circle Pines sellers can cost themselves simply by not having a well manicured lawn and clean interior.  The Circle Pines Home Value Estimator can take these things into consideration.

The goal is to make your home as close to that new Circle Pines home value as possible, while being sensitive to costs.  You have nearly complete control over condition, and you will increase value and decrease marketing time by making sure that your property is in the best possible condition.

 

PRICING: Leg Three

     If bags of wheat are  selling  between $$3.00 and $3.15, it does no good to insist on selling at $4.00.  In many ways it is the same with your Circle Pines Homes Value.  Your home must be priced within the appropriate range or it will not sell.  You must actually have the home value of your Circle Pines property determined twice: first by a buyer and then by an appraiser.  The buyer is more subjective and compares the amenities, location, size, etc of your home to other homes in the same price range.  He then decides if your Circle Pines Home Value is the highest for the price you are asking.  If the value of another Circle Pines home is better for the price, the buyer will move on to that home.  The appraiser is more objective and compares age, size and cost-identifiable features in your home against other properties that have sold and used the sold homes to determine your Circle Pines Homes Value.

 

Last, but not least, consider the fact that the longer a home remains on the market, the more the buyers perception of its Circle Pines home value will diminish.  By all means try to get all you can, but use practical valuation methods and keep your marketing time to a minimum.  If you use the Circle Pines Home Value Estimator, you have a better chance to sell your home.

Chanhassen Home Value Estimator by Joe Niece

**
1. Find your Home Value

2. Sell your Home

3.  Done

 This Chanhassen Home Value Estimator thing is easy, right? 

Unfortuantely, it is very hard to find your correct sell price unless you have a Chanhassen Home Value Estimator. Even during regular real estate markets, it was not very easy.  In most real estate markets, at least 30% of the homes on the listed on the market do not sell.

The three factors to consider when determining your Chanhassen home value are location, condition and price…..and they are related just like the legs on a three legged table.  If you are going to be successful, you need a great Chanhassen Home Value Estimator

 

LOCATION: Leg One

     Your location influences your Homes value.  A home on the lake or one inside a quiet subdivision has a much higher Chanhassen Home Value than the identical home located on a busy street.  Owners of property on a busy street will lose 10-30% of their Chanhassen Homes value.  Remote areas typically sell for less than areas that are closer in as people trade the cost of time and gas with the value of the home.  Views, streams and even trees can typically enhance Chanhassen Home values.  Having a toxic waste dump next to your home will do nothing to help the value of your Chanhassen home

CONDITION: Leg Two

     New homes enjoy a value edge over resale homes.  This is not just because they are new but because they do not have any of the flaws that detracts a buyer or lowers the home value of a Chanhassen resale home.  Every wear mark, stain in the carpet or room with wall paper will normally lower the value your Chanhassen home will sell for.  In this market with so many homes to choose from.  A homeowner that leaves things for the buyer to do may never receive an offer at all.  Cleanliness  is another huge factor that will determine your Chanhassen Home Value.  You would be amazed at how much value home Chanhassen sellers can cost themselves simply by not having a well manicured lawn and clean interior.  The Chanhassen Home Value Estimator can take these things into consideration.

The goal is to make your home as close to that new Chanhassen home value as possible, while being sensitive to costs.  You have nearly complete control over condition, and you will increase value and decrease marketing time by making sure that your property is in the best possible condition.

 

PRICING: Leg Three

     If bags of wheat are  selling  between $$3.00 and $3.15, it does no good to insist on selling at $4.00.  In many ways it is the same with your Chanhassen Homes Value.  Your home must be priced within the appropriate range or it will not sell.  You must actually have the home value of your Chanhassen property determined twice: first by a buyer and then by an appraiser.  The buyer is more subjective and compares the amenities, location, size, etc of your home to other homes in the same price range.  He then decides if your Chanhassen Home Value is the highest for the price you are asking.  If the value of another Chanhassen home is better for the price, the buyer will move on to that home.  The appraiser is more objective and compares age, size and cost-identifiable features in your home against other properties that have sold and used the sold homes to determine your Chanhassen Homes Value.

 

Last, but not least, consider the fact that the longer a home remains on the market, the more the buyers perception of its Chanhassen home value will diminish.  By all means try to get all you can, but use practical valuation methods and keep your marketing time to a minimum.  If you use the Chanhassen Home Value Estimator, you have a better chance to sell your home.

Champlin Home Value Estimator by Joe Niece

**
 
 
1. Find your Home Value

2. Sell your Home

3.  Done

 This Champlin Home Value Estimator thing is easy, right? 

Unfortuantely, it is very hard to find your correct sell price unless you have a Champlin Home Value Estimator. Even during regular real estate markets, it was not very easy.  In most real estate markets, at least 30% of the homes on the listed on the market do not sell.

The three factors to consider when determining your Champlin home value are location, condition and price…..and they are related just like the legs on a three legged table.  If you are going to be successful, you need a great Champlin Home Value Estimator

 

LOCATION: Leg One

     Your location influences your Homes value.  A home on the lake or one inside a quiet subdivision has a much higher Champlin Home Value than the identical home located on a busy street.  Owners of property on a busy street will lose 10-30% of their Champlin Homes value.  Remote areas typically sell for less than areas that are closer in as people trade the cost of time and gas with the value of the home.  Views, streams and even trees can typically enhance Champlin Home values.  Having a toxic waste dump next to your home will do nothing to help the value of your Champlin home

CONDITION: Leg Two

     New homes enjoy a value edge over resale homes.  This is not just because they are new but because they do not have any of the flaws that detracts a buyer or lowers the home value of a Champlin resale home.  Every wear mark, stain in the carpet or room with wall paper will normally lower the value your Champlin home will sell for.  In this market with so many homes to choose from.  A homeowner that leaves things for the buyer to do may never receive an offer at all.  Cleanliness  is another huge factor that will determine your Champlin Home Value.  You would be amazed at how much value home Champlin sellers can cost themselves simply by not having a well manicured lawn and clean interior.  The Champlin Home Value Estimator can take these things into consideration.

The goal is to make your home as close to that new Champlin home value as possible, while being sensitive to costs.  You have nearly complete control over condition, and you will increase value and decrease marketing time by making sure that your property is in the best possible condition.

 

PRICING: Leg Three

     If bags of wheat are  selling  between $$3.00 and $3.15, it does no good to insist on selling at $4.00.  In many ways it is the same with your Champlin Homes Value.  Your home must be priced within the appropriate range or it will not sell.  You must actually have the home value of your Champlin property determined twice: first by a buyer and then by an appraiser.  The buyer is more subjective and compares the amenities, location, size, etc of your home to other homes in the same price range.  He then decides if your Champlin Home Value is the highest for the price you are asking.  If the value of another Champlin home is better for the price, the buyer will move on to that home.  The appraiser is more objective and compares age, size and cost-identifiable features in your home against other properties that have sold and used the sold homes to determine your Champlin Homes Value.

 

Last, but not least, consider the fact that the longer a home remains on the market, the more the buyers perception of its Champlin home value will diminish.  By all means try to get all you can, but use practical valuation methods and keep your marketing time to a minimum.  If you use the Champlin Home Value Estimator, you have a better chance to sell your home.

January 27, 2010

HomeGain Honors Joe Niece

Filed under: Uncategorized — joeniece @ 12:36 pm

HomeGain Inducts 17 Realtor® Members Into New Diamond Club

Members of HomeGain’s AgentEvaluator® real estate marketing program are recognized for achieving half a million dollars or more in gross commissions

Emeryville, CA – HomeGain one of the first major websites to connect home buyers and sellers with Realtors®, today announced it has launched the HomeGain Diamond Club to recognize members of AgentEvaluator® for attaining a half a million dollars mark in gross lifetime commissions. With this launch, HomeGain is inducting 17 real estate agents from across the U.S. into the new club.

“We congratulate our new AgentEvaluator® Diamond Club members and expect to be naming further members to this prestigious group in the coming months,” stated Louis Cammarosano, General Manager at HomeGain. “Unlike the anecdotal evidence of the success of our competitors’ marketing solutions, HomeGain offers concrete proof that our programs result in closed business, and, in many cases, lots of it.”

Diamond Club inductees include:

  • Jeffrey Bastress, Startpoint Realty in Massachusetts
  • Virginia Cheezum, RE/MAX Allegiance in Virginia, Maryland and Washington D.C. areas
  • Les Davis, Realty Executives Metro One in Missouri
  • Dorothy and David Eiglarsh, The Eiglarsh Team in Florida
  • Sheryl Goble, Realty Executives Premiere in Illinois
  • Doug Goss, RE/MAX Real Estate Services in California
  • Sharon Kunz, RE/MAX Greater Atlanta in Georgia
  • Joseph Niece, Joe Niece Team at RE/MAX Results in Minnesota
  • Brenda Porter, Porter and Associates in Nevada
  • Barbara Tidwell, Keller Williams Realty in Texas

January 26, 2010

Chanhassen Short Sale Expert Information by Joe Niece

Filed under: Chanhassen, Short Sales — joeniece @ 1:45 am

The Problem

Chanhassen Short Sale Expert Information by Joe Niece.  As the Real Estate boom continued through the early 2000’s, money became more and more available to less and less qualified buyers. No meaningful oversite was given to the appraisal process and home values were artificially inflated by increased demand from newly qualifed first time home buyers, second home and vacation home buyers and investors. New risky loan policies were given the green light by a Congress that wanted to increase home ownership to historic levels. Housing was talked about as a right by some legislators, touted as a way to reduce crime by others and ignored by the rest. With unsubstainable increase in prices for Chanhassen real estate during the first six years of the 2000’s tied with the collaspe of subprime mortgages and low teaser rates in the spring of 2007 the real estate market imploded on itself. As the economy went into free fall in 2009, employers rushed to cut their labor forces to reduce costs which poured gas on the current self destructing real estate market. The result has been a wave of foreclosures and defaults. When a borrower is no longer in a position to make the mortgage payments, is facing foreclosure and the current home value of the property–including the cost to sell the property–is less than the loan on the property, the borrower may consider a Chanhassen short sale. This could save the lender the expenses of foreclosure proceedings and from having another REO property on its books. From the borrower’s perspective, the Chanhassen short sale prevents having the foreclosure on the borrower’s credit history, and releases the borrower from an obligation that he or she can no longer afford.

In essence, a Chanhassen short sale is a sale transaction subject to a lender’s approval in which the lender consents to a sale of the security interest for less than what is owed on the note and accepts the proceeds in full satisfaction of the loan amount. A Chanhassen short sale requires much paperwork and preparation on behalf of the borrower or borrowers agent. Typically, before applying for a Chanhassen short sale, the seller must have a ready buyer and all the paper work prepared to present to the lender. The buyer of the property must also be prepared for a protracted time period to conclude the purchase of the property.

All of the information provided is gathered from numerous sources. Legal advice should be obtained from an attorney. If you are in need of help, contact us for a private meeting about your particular situation. Some provisions may not be applicable in all states and may change daily based on new laws and interpretations. This infomation is provided as a public service to help troubled borrowers and lenders minimize the economic and emotional damage that foreclousure have on society.

I. Lender’s Options Upon Borrower’s Loan Default

Q 1. What options does a lender have on a debt secured by real property if the borrower does not make the payments on the loan?A

The lender may also be able to pursue “guarantors” of the debt who have signed written guarantee agreements (not including the borrowers).

Q 2. What other options may the lender consider instead of foreclosure when the borrower is delinquent?A

Loan Workout

Short Payoff

*: With a Chanhassen short payoff, the lender accepts less than the remaining mortgage amount as full payment of the loan. The property need not be sold.

*Note: Some lenders do not differentiate between a Chanhassen short sale and a Chanhassen short payoff.

Q 3. What is a deficiency judgment?A

A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure. A lender may obtain a deficiency judgment only with a judicial foreclosure. With a sherriff’s(trustee’s) sale foreclosure, the lender cannot go after a deficiency judgment. See Question 4 for more details.

Q 4. Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?A

1) Purchase Money

2) Seller Carryback.

3) Trustee’s Sale.

4) 3 Month Time Limit.

5) Fair Value Limitations.

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure). Holders of a junior deed of trust (second, third, etc.) should note that if the “wiped-out” junior lien is not purchase money or seller carryback, then the junior lien holder may sue on the note and the borrower on the junior loan may be personally liable.

Q 5. Can a lender avoid the foreclosure process and just sue the borrower on the note (i.e., treat it as an unsecured note)?A

Q 6. Why would a lender agree to accept a short sale?A

A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the Chanhassen short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)

II. Effect On Borrowers of Chanhassen Short Sales

Q 7. Does a Chanhassen short sale adversely affect a defaulting borrower’s credit rating?A

Q 8. Suppose the borrower is late with his/her mortgage payments, causing the lender to begin the foreclosure process by filing a notice of default. Before the foreclosure sale occurs, the borrower pays the lender what is owed on the note. Could these activities appear on the borrower’s credit report?A

Q 9. Is the method by which lenders report a Chanhassen short sale a negotiable item?A

Q 10. Must a real estate transfer disclosure statement be given to a buyer in a Chanhassen short sale transaction?A

Q 11. Must other disclosures be given to a buyer (or seller) pursuant to a Chanhassen short sale?A

Q 12. Suppose a distressed seller enters into a contract to sell his/her home to a buyer pursuant to a Chanhassen short sale. Should the listing agent inform the lender if and when other offers are made on the property?A

Q 13. Should a listing agent working with a distressed seller attempt to negotiate a future listing agreement with the lender?A

IV. Other Issues

Q 14. Are there any tax effects of a Chanhassen short sale?A

Q 15. What is the process for applying for a Chanhassen short sale?A

First, the borrower must find a buyer for the property.

Second, the borrower must prepare all the necessary documents. See question 16.

Third, the borrower must submit all documents to the lender.

Fourth, the lender will send out their own appraiser to make sure that the buyer’s offer is at fair market value.

Fifth, the lender will make a determination on whether or not to agree to the short sale.

Q 16. What documentation will a lender typically require?A

Written explanation (and proof) of the hardship the borrower is experiencing;

Copy of the purchase contract signed by both the buyer and seller (borrower);

Proof of the buyer’s ability to purchase the property, i.e., a completed loan application, pre-approval by another lender, or evidence of cash on hand (bank statement);

Preliminary title report;

Estimated net/closing statement certified by an escrow officer acceptable to the lender;

Completed and signed IRS Form 4506, “Request for Copy of Tax Form;”

Completed and signed personal financial worksheet;

Previous two years tax returns;

Employment paycheck stubs for the past two months;

Profit and loss statement (if the borrower is self-employed);

Past three months’ bank statements.

Q 17. Where can I obtain additional information?A

You may consult the seller’s lender directly about their policies and what is required to apply for a Chanhassen short sale of a property. The internal departments that handle Chanhassen short sales differ by lender. You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department.

Lenders will typically require a distressed borrower to furnish a variety of documents, which could include the following:

It is always in the best interest of the borrower to keep the lender informed. If the borrower is in default of the loan and is contemplating a Chanhassen short sale, it would be best for the borrower to let the lender know before the foreclosure proceedings are well under way. The lender may or may not grant more time to the borrower to find a buyer. In general, the process goes as follows:

Yes. The tax implications for the borrower could be so significant that a Chanhassen short sale would not be in the borrower’s best interest. Before a Chanhassen short sale is conChanhassend, it is strongly recommended that the borrower seek the advice of a professional tax advisor.

Generally speaking, any relief of indebtedness is included in gross income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a Chanhassen short sale.

No. Listing agents working with distressed sellers owe them a fiduciary duty. Since in a Chanhassen short sale situation a lender could choose to foreclose on the seller, the lender’s interests are potentially adverse to the seller’s interests. Attempting to negotiate a future listing agreement with the lender raises the issues of “to whom is the agent’s loyalty devoted” and “has the agent violated the fiduciary duty he/she owes the seller.” The safer practice is to avoid putting oneself in such a position.

Probably. Although the lender is technically not a party to the real estate contract, lender approval is nearly always a contingency of the agreement. Therefore, REALTORS® should obtain the client’s permission to keep the lender apprised of any relevant developments, including the presentation of other offers.

Yes. Chanhassen Short sales are treated just like any other sales transaction.

Typically, no. The Chanhassen short sale is usually reported to credit reporting agencies as settled for less than the full balance. However, a borrower may try to negotiate this at the time the Chanhassen short sale is being arranged.

III. Disclosure Requirements in Chanhassen Short Sales Yes, if the property being sold is a residential 1-4 unit dwelling and the transaction doesn’t fall into one of the regular TDS exemption categories. No exemption exists for a Chanhassen short sale transaction in which the borrower sells the property to an outside buyer, using the sale proceeds to pay off the lender.

Yes. The lender can report to a credit bureau receipt of any payments made 30, 60, 90 or more days after their due date. This may appear on a borrower’s credit report as a “foreclosure in process,” “foreclosure proceedings,” “current was 30,” or in some other way. Any such terms, or other similar reporting comments, harm that individual’s overall credit rating.

Yes. Lenders will report the Chanhassen short sale as being settled for less than the full balance. This would show up on the borrower’s credit report as a negative mark for seven years.

Lenders may have ample incentive to negotiate a Chanhassen short sale with a distressed borrower. For example, should the lender take back a property pursuant to a foreclosure sale, the lender would become responsible for a variety of costs, including property maintenance, utilities, HOA fees, and might risk destruction of the property by vandalism. Furthermore, lender-owned properties (REO) may take a long time to sell, in part because so many REO properties are now for sale.

No. A lender cannot sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure. This is called the “one action rule” or “one form of action rule.” One exception to this rule is if the security for the loan has become “valueless” after the lender’s security interest was recorded (e.g., a “wiped out” junior lien holder). In this case, the lender can sue directly on the debt (note) unless the borrower’s loan falls into category 1) or 2) in Question 4. A deficiency judgment is limited by the difference between the amount of the indebtedness and the fair market value of the property, unless the actual sale price exceeds that value. An action for a deficiency judgment must be brought within 3 months from the time of judicially-ordered sale. A lender may not pursue a deficiency judgment against the borrower should the lender opt to foreclose by a trustee’s sale foreclosure (a non-judicial action). If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender/seller may not obtain a deficiency judgment against the defaulting borrower/buyer. . If the loan is obtained to purchase a residential 1-4 unit dwelling all or part of which is owner occupied and the loan is secured by that property, the lender may not obtain a deficiency judgment against the defaulting borrower. This loan is entitled to “purchase money” protection. Note, however, that should the buyer refinance the home, the new loan is no longer “purchase money.” Thus, the buyer would lose the protection against a deficiency judgment in the event of a default. It depends. Some states have “anti-deficiency statutes” that protect certain borrowers from deficiency judgments. Under those circumstances, a lender would opt for a sherriff’s (trustee’s) sale foreclosure which is quicker and less expensive than a judicial foreclosure. A sherriff’s (trustee’s) sale foreclosure does not involve the courts. Generally, there are five situations in which a deficiency judgment is prohibited.: Basicly, a loan workout is any resolution of a problem loan between the lender and borrower that modifies the original loan agreement. Some of these options include forbearance (e.g. forgiving a portion of the debt or late charges); deferment; renegotiating interest rate, monthly payment amount, principal amount, maturity date; or the enforcement an acceleration clause in the loan.

Deed in Lieu of Foreclosure: After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt. Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records.

Chanhassen Short Sale*: A Chanhassen short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan. A lender may accept a Chanhassen short sale when the borrower is in severe financial straits and market conditions make a Chanhassen short sale the best choice to mitigate the lender’s damages. Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report.

Depending on the situation, a lender may consider one of the following:

A lender may foreclose on the defaulting borrower’s real property which secures the loan. There are two types of “foreclosures” available to a lender: a trustee’s (sherriff’s) sale and a judicial foreclosure. Technically, a sherriff’s (trustee’s) sale is not a “foreclosure” but the term has been used for both a trustee’s sale as well as a judicial foreclosure.

For certain loans, a lender has no choice and must conduct a sherriff’s(trustee’s) sale. With a sherriff’s(trustee’s sale), a lender cannot go after a deficiency judgment. A deficiency occurs when the current market value of the property is less than the loan on the property. See Questions 3 and 4 for more details. Chanhassen Short Sale Expert Information by Joe Niece

The Problem

As the Real Estate boom continued through the early 2000’s, money became more and more available to less and less qualified buyers. No meaningful oversite was given to the appraisal process and home values were artificially inflated by increased demand from newly qualifed first time home buyers, second home and vacation home buyers and investors. New risky loan policies were given the green light by a Congress that wanted to increase home ownership to historic levels. Housing was talked about as a right by some legislators, touted as a way to reduce crime by others and ignored by the rest. With unsubstainable increase in prices for Chanhassen real estate during the first six years of the 2000’s tied with the collaspe of subprime mortgages and low teaser rates in the spring of 2007 the real estate market imploded on itself. As the economy went into free fall in 2009, employers rushed to cut their labor forces to reduce costs which poured gas on the current self destructing real estate market. The result has been a wave of foreclosures and defaults. When a borrower is no longer in a position to make the mortgage payments, is facing foreclosure and the current home value of the property–including the cost to sell the property–is less than the loan on the property, the borrower may consider a Chanhassen short sale. This could save the lender the expenses of foreclosure proceedings and from having another REO property on its books. From the borrower’s perspective, the Chanhassen short sale prevents having the foreclosure on the borrower’s credit history, and releases the borrower from an obligation that he or she can no longer afford.

In essence, a Chanhassen short sale is a sale transaction subject to a lender’s approval in which the lender consents to a sale of the security interest for less than what is owed on the note and accepts the proceeds in full satisfaction of the loan amount. A Chanhassen short sale requires much paperwork and preparation on behalf of the borrower or borrowers agent. Typically, before applying for a Chanhassen short sale, the seller must have a ready buyer and all the paper work prepared to present to the lender. The buyer of the property must also be prepared for a protracted time period to conclude the purchase of the property.

All of the information provided is gathered from numerous sources. Legal advice should be obtained from an attorney. If you are in need of help, contact us for a private meeting about your particular situation. Some provisions may not be applicable in all states and may change daily based on new laws and interpretations. This infomation is provided as a public service to help troubled borrowers and lenders minimize the economic and emotional damage that foreclousure have on society.

I. Lender’s Options Upon Borrower’s Loan Default

Q 1. What options does a lender have on a debt secured by real property if the borrower does not make the payments on the loan?A

A lender may foreclose on the defaulting borrower’s real property which secures the loan. There are two types of “foreclosures” available to a lender: a trustee’s (sherriff’s) sale and a judicial foreclosure. Technically, a sherriff’s (trustee’s) sale is not a “foreclosure” but the term has been used for both a trustee’s sale as well as a judicial foreclosure.

For certain loans, a lender has no choice and must conduct a sherriff’s(trustee’s) sale. With a sherriff’s(trustee’s sale), a lender cannot go after a deficiency judgment. A deficiency occurs when the current market value of the property is less than the loan on the property. See Questions 3 and 4 for more details.

The lender may also be able to pursue “guarantors” of the debt who have signed written guarantee agreements (not including the borrowers).

 

 

 

 

 

 

 

 

 

Q 2. What other options may the lender consider instead of foreclosure when the borrower is delinquent?A

Depending on the situation, a lender may consider one of the following:Loan Workout

: Basicly, a loan workout is any resolution of a problem loan between the lender and borrower that modifies the original loan agreement. Some of these options include forbearance (e.g. forgiving a portion of the debt or late charges); deferment; renegotiating interest rate, monthly payment amount, principal amount, maturity date; or the enforcement an acceleration clause in the loan.

Deed in Lieu of Foreclosure: After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt. Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records.

Chanhassen Short Sale*: A Chanhassen short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan. A lender may accept a Chanhassen short sale when the borrower is in severe financial straits and market conditions make a Chanhassen short sale the best choice to mitigate the lender’s damages. Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report. Short Payoff

*: With a Chanhassen short payoff, the lender accepts less than the remaining mortgage amount as full payment of the loan. The property need not be sold.

*Note: Some lenders do not differentiate between a Chanhassen short sale and a Chanhassen short payoff.

Q 3. What is a deficiency judgment?A

A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure. A lender may obtain a deficiency judgment only with a judicial foreclosure. With a sherriff’s(trustee’s) sale foreclosure, the lender cannot go after a deficiency judgment. See Question 4 for more details.

Q 4. Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?A

It depends. Some states have “anti-deficiency statutes” that protect certain borrowers from deficiency judgments. Under those circumstances, a lender would opt for a sherriff’s (trustee’s) sale foreclosure which is quicker and less expensive than a judicial foreclosure. A sherriff’s (trustee’s) sale foreclosure does not involve the courts. Generally, there are five situations in which a deficiency judgment is prohibited.1) Purchase Money

. If the loan is obtained to purchase a residential 1-4 unit dwelling all or part of which is owner occupied and the loan is secured by that property, the lender may not obtain a deficiency judgment against the defaulting borrower. This loan is entitled to “purchase money” protection. Note, however, that should the buyer refinance the home, the new loan is no longer “purchase money.” Thus, the buyer would lose the protection against a deficiency judgment in the event of a default.2) Seller Carryback.

If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender/seller may not obtain a deficiency judgment against the defaulting borrower/buyer. 3) Trustee’s Sale.

A lender may not pursue a deficiency judgment against the borrower should the lender opt to foreclose by a trustee’s sale foreclosure (a non-judicial action). 4) 3 Month Time Limit.

An action for a deficiency judgment must be brought within 3 months from the time of judicially-ordered sale. 5) Fair Value Limitations.

A deficiency judgment is limited by the difference between the amount of the indebtedness and the fair market value of the property, unless the actual sale price exceeds that value.

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure). Holders of a junior deed of trust (second, third, etc.) should note that if the “wiped-out” junior lien is not purchase money or seller carryback, then the junior lien holder may sue on the note and the borrower on the junior loan may be personally liable.

 

Q 5. Can a lender avoid the foreclosure process and just sue the borrower on the note (i.e., treat it as an unsecured note)?A

No. A lender cannot sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure. This is called the “one action rule” or “one form of action rule.” One exception to this rule is if the security for the loan has become “valueless” after the lender’s security interest was recorded (e.g., a “wiped out” junior lien holder). In this case, the lender can sue directly on the debt (note) unless the borrower’s loan falls into category 1) or 2) in Question 4.Q 6. Why would a lender agree to accept a short sale?A

Lenders may have ample incentive to negotiate a Chanhassen short sale with a distressed borrower. For example, should the lender take back a property pursuant to a foreclosure sale, the lender would become responsible for a variety of costs, including property maintenance, utilities, HOA fees, and might risk destruction of the property by vandalism. Furthermore, lender-owned properties (REO) may take a long time to sell, in part because so many REO properties are now for sale.

A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the Chanhassen short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)

 

 

 

 

 

 

 

 

II. Effect On Borrowers of Chanhassen Short Sales

Q 7. Does a Chanhassen short sale adversely affect a defaulting borrower’s credit rating?A

Yes. Lenders will report the Chanhassen short sale as being settled for less than the full balance. This would show up on the borrower’s credit report as a negative mark for seven years. Q 8. Suppose the borrower is late with his/her mortgage payments, causing the lender to begin the foreclosure process by filing a notice of default. Before the foreclosure sale occurs, the borrower pays the lender what is owed on the note. Could these activities appear on the borrower’s credit report?A

Yes. The lender can report to a credit bureau receipt of any payments made 30, 60, 90 or more days after their due date. This may appear on a borrower’s credit report as a “foreclosure in process,” “foreclosure proceedings,” “current was 30,” or in some other way. Any such terms, or other similar reporting comments, harm that individual’s overall credit rating.Q 9. Is the method by which lenders report a Chanhassen short sale a negotiable item?A

Typically, no. The Chanhassen short sale is usually reported to credit reporting agencies as settled for less than the full balance. However, a borrower may try to negotiate this at the time the Chanhassen short sale is being arranged.

III. Disclosure Requirements in Chanhassen Short Sales

Q 10. Must a real estate transfer disclosure statement be given to a buyer in a Chanhassen short sale transaction?A

Yes, if the property being sold is a residential 1-4 unit dwelling and the transaction doesn’t fall into one of the regular TDS exemption categories. No exemption exists for a Chanhassen short sale transaction in which the borrower sells the property to an outside buyer, using the sale proceeds to pay off the lender. Q 11. Must other disclosures be given to a buyer (or seller) pursuant to a Chanhassen short sale?A

Yes. Chanhassen Short sales are treated just like any other sales transaction. Q 12. Suppose a distressed seller enters into a contract to sell his/her home to a buyer pursuant to a Chanhassen short sale. Should the listing agent inform the lender if and when other offers are made on the property?A

Probably. Although the lender is technically not a party to the real estate contract, lender approval is nearly always a contingency of the agreement. Therefore, REALTORS® should obtain the client’s permission to keep the lender apprised of any relevant developments, including the presentation of other offers.Q 13. Should a listing agent working with a distressed seller attempt to negotiate a future listing agreement with the lender?A

No. Listing agents working with distressed sellers owe them a fiduciary duty. Since in a Chanhassen short sale situation a lender could choose to foreclose on the seller, the lender’s interests are potentially adverse to the seller’s interests. Attempting to negotiate a future listing agreement with the lender raises the issues of “to whom is the agent’s loyalty devoted” and “has the agent violated the fiduciary duty he/she owes the seller.” The safer practice is to avoid putting oneself in such a position.IV. Other Issues

Q 14. Are there any tax effects of a Chanhassen short sale?A

Yes. The tax implications for the borrower could be so significant that a Chanhassen short sale would not be in the borrower’s best interest. Before a Chanhassen short sale is conChanhassend, it is strongly recommended that the borrower seek the advice of a professional tax advisor.

Generally speaking, any relief of indebtedness is included in gross income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a Chanhassen short sale. Q 15. What is the process for applying for a Chanhassen short sale?A

It is always in the best interest of the borrower to keep the lender informed. If the borrower is in default of the loan and is contemplating a Chanhassen short sale, it would be best for the borrower to let the lender know before the foreclosure proceedings are well under way. The lender may or may not grant more time to the borrower to find a buyer. In general, the process goes as follows:

First, the borrower must find a buyer for the property.

Second, the borrower must prepare all the necessary documents. See question 16.

Third, the borrower must submit all documents to the lender.

Fourth, the lender will send out their own appraiser to make sure that the buyer’s offer is at fair market value.

Fifth, the lender will make a determination on whether or not to agree to the short sale.

Q 16. What documentation will a lender typically require?A

Lenders will typically require a distressed borrower to furnish a variety of documents, which could include the following:

Written explanation (and proof) of the hardship the borrower is experiencing;

Copy of the purchase contract signed by both the buyer and seller (borrower);

Proof of the buyer’s ability to purchase the property, i.e., a completed loan application, pre-approval by another lender, or evidence of cash on hand (bank statement);

Preliminary title report;

Estimated net/closing statement certified by an escrow officer acceptable to the lender;

Completed and signed IRS Form 4506, “Request for Copy of Tax Form;”

Completed and signed personal financial worksheet;

Previous two years tax returns;

Employment paycheck stubs for the past two months;

Profit and loss statement (if the borrower is self-employed);

Past three months’ bank statements.

 

Q 17. Where can I obtain additional information?A

You may consult the seller’s lender directly about their policies and what is required to apply for a Chanhassen short sale of a property. The internal departments that handle Chanhassen short sales differ by lender. You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department.

Shakopee Short Sale Expert Information by Joe Niece

Filed under: Shakopee, Short Sales — joeniece @ 1:40 am

The Problem

Shakopee Short Sale Expert Information by Joe Niece.  As the Real Estate boom continued through the early 2000’s, money became more and more available to less and less qualified buyers. No meaningful oversite was given to the appraisal process and home values were artificially inflated by increased demand from newly qualifed first time home buyers, second home and vacation home buyers and investors. New risky loan policies were given the green light by a Congress that wanted to increase home ownership to historic levels. Housing was talked about as a right by some legislators, touted as a way to reduce crime by others and ignored by the rest. With unsubstainable increase in prices for Shakopee real estate during the first six years of the 2000’s tied with the collaspe of subprime mortgages and low teaser rates in the spring of 2007 the real estate market imploded on itself. As the economy went into free fall in 2009, employers rushed to cut their labor forces to reduce costs which poured gas on the current self destructing real estate market. The result has been a wave of foreclosures and defaults. When a borrower is no longer in a position to make the mortgage payments, is facing foreclosure and the current home value of the property–including the cost to sell the property–is less than the loan on the property, the borrower may consider a Shakopee short sale. This could save the lender the expenses of foreclosure proceedings and from having another REO property on its books. From the borrower’s perspective, the Shakopee short sale prevents having the foreclosure on the borrower’s credit history, and releases the borrower from an obligation that he or she can no longer afford.

In essence, a Shakopee short sale is a sale transaction subject to a lender’s approval in which the lender consents to a sale of the security interest for less than what is owed on the note and accepts the proceeds in full satisfaction of the loan amount. A Shakopee short sale requires much paperwork and preparation on behalf of the borrower or borrowers agent. Typically, before applying for a Shakopee short sale, the seller must have a ready buyer and all the paper work prepared to present to the lender. The buyer of the property must also be prepared for a protracted time period to conclude the purchase of the property.

All of the information provided is gathered from numerous sources. Legal advice should be obtained from an attorney. If you are in need of help, contact us for a private meeting about your particular situation. Some provisions may not be applicable in all states and may change daily based on new laws and interpretations. This infomation is provided as a public service to help troubled borrowers and lenders minimize the economic and emotional damage that foreclousure have on society.

I. Lender’s Options Upon Borrower’s Loan Default

Q 1. What options does a lender have on a debt secured by real property if the borrower does not make the payments on the loan?

A

The lender may also be able to pursue “guarantors” of the debt who have signed written guarantee agreements (not including the borrowers).

Q 2. What other options may the lender consider instead of foreclosure when the borrower is delinquent?

A

Loan Workout

Short Payoff

*: With a Shakopee short payoff, the lender accepts less than the remaining mortgage amount as full payment of the loan. The property need not be sold.

*Note: Some lenders do not differentiate between a Shakopee short sale and a Shakopee short payoff.

Q 3. What is a deficiency judgment?A

A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure. A lender may obtain a deficiency judgment only with a judicial foreclosure. With a sherriff’s(trustee’s) sale foreclosure, the lender cannot go after a deficiency judgment. See Question 4 for more details.

Q 4. Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?A

1) Purchase Money

2) Seller Carryback.

3) Trustee’s Sale.

4) 3 Month Time Limit.

5) Fair Value Limitations.

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure). Holders of a junior deed of trust (second, third, etc.) should note that if the “wiped-out” junior lien is not purchase money or seller carryback, then the junior lien holder may sue on the note and the borrower on the junior loan may be personally liable.

Q 5. Can a lender avoid the foreclosure process and just sue the borrower on the note (i.e., treat it as an unsecured note)?

A

Q 6. Why would a lender agree to accept a short sale?

A

A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the Shakopee short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)

II. Effect On Borrowers of Shakopee Short Sales

Q 7. Does a Shakopee short sale adversely affect a defaulting borrower’s credit rating?

A

Q 8. Suppose the borrower is late with his/her mortgage payments, causing the lender to begin the foreclosure process by filing a notice of default. Before the foreclosure sale occurs, the borrower pays the lender what is owed on the note. Could these activities appear on the borrower’s credit report?

A

Q 9. Is the method by which lenders report a Shakopee short sale a negotiable item?

A

Q 10. Must a real estate transfer disclosure statement be given to a buyer in a Shakopee short sale transaction?

A

Q 11. Must other disclosures be given to a buyer (or seller) pursuant to a Shakopee short sale?

A

Q 12. Suppose a distressed seller enters into a contract to sell his/her home to a buyer pursuant to a Shakopee short sale. Should the listing agent inform the lender if and when other offers are made on the property?

A

Q 13. Should a listing agent working with a distressed seller attempt to negotiate a future listing agreement with the lender?

A

IV. Other Issues

Q 14. Are there any tax effects of a Shakopee short sale?

A

Q 15. What is the process for applying for a Shakopee short sale?

A

First, the borrower must find a buyer for the property.

Second, the borrower must prepare all the necessary documents. See question 16.

Third, the borrower must submit all documents to the lender.

Fourth, the lender will send out their own appraiser to make sure that the buyer’s offer is at fair market value.

Fifth, the lender will make a determination on whether or not to agree to the short sale.

Q 16. What documentation will a lender typically require?

A

Written explanation (and proof) of the hardship the borrower is experiencing;

Copy of the purchase contract signed by both the buyer and seller (borrower);

Proof of the buyer’s ability to purchase the property, i.e., a completed loan application, pre-approval by another lender, or evidence of cash on hand (bank statement);

Preliminary title report;

Estimated net/closing statement certified by an escrow officer acceptable to the lender;

Completed and signed IRS Form 4506, “Request for Copy of Tax Form;”

Completed and signed personal financial worksheet;

Previous two years tax returns;

Employment paycheck stubs for the past two months;

Profit and loss statement (if the borrower is self-employed);

Past three months’ bank statements.

Q 17. Where can I obtain additional information?

A

 

You may consult the seller’s lender directly about their policies and what is required to apply for a Shakopee short sale of a property. The internal departments that handle Shakopee short sales differ by lender. You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department. 

Lenders will typically require a distressed borrower to furnish a variety of documents, which could include the following: 

It is always in the best interest of the borrower to keep the lender informed. If the borrower is in default of the loan and is contemplating a Shakopee short sale, it would be best for the borrower to let the lender know before the foreclosure proceedings are well under way. The lender may or may not grant more time to the borrower to find a buyer. In general, the process goes as follows: 

Yes. The tax implications for the borrower could be so significant that a Shakopee short sale would not be in the borrower’s best interest. Before a Shakopee short sale is conShakopeed, it is strongly recommended that the borrower seek the advice of a professional tax advisor.

Generally speaking, any relief of indebtedness is included in gross income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a Shakopee short sale

No. Listing agents working with distressed sellers owe them a fiduciary duty. Since in a Shakopee short sale situation a lender could choose to foreclose on the seller, the lender’s interests are potentially adverse to the seller’s interests. Attempting to negotiate a future listing agreement with the lender raises the issues of “to whom is the agent’s loyalty devoted” and “has the agent violated the fiduciary duty he/she owes the seller.” The safer practice is to avoid putting oneself in such a position. 

Probably. Although the lender is technically not a party to the real estate contract, lender approval is nearly always a contingency of the agreement. Therefore, REALTORS® should obtain the client’s permission to keep the lender apprised of any relevant developments, including the presentation of other offers. 

Yes. Shakopee Short sales are treated just like any other sales transaction. 

 

Typically, no. The Shakopee short sale is usually reported to credit reporting agencies as settled for less than the full balance. However, a borrower may try to negotiate this at the time the Shakopee short sale is being arranged.

III. Disclosure Requirements in Shakopee Short Sales Yes, if the property being sold is a residential 1-4 unit dwelling and the transaction doesn’t fall into one of the regular TDS exemption categories. No exemption exists for a Shakopee short sale transaction in which the borrower sells the property to an outside buyer, using the sale proceeds to pay off the lender. 

Yes. The lender can report to a credit bureau receipt of any payments made 30, 60, 90 or more days after their due date. This may appear on a borrower’s credit report as a “foreclosure in process,” “foreclosure proceedings,” “current was 30,” or in some other way. Any such terms, or other similar reporting comments, harm that individual’s overall credit rating. 

Yes. Lenders will report the Shakopee short sale as being settled for less than the full balance. This would show up on the borrower’s credit report as a negative mark for seven years. 

Lenders may have ample incentive to negotiate a Shakopee short sale with a distressed borrower. For example, should the lender take back a property pursuant to a foreclosure sale, the lender would become responsible for a variety of costs, including property maintenance, utilities, HOA fees, and might risk destruction of the property by vandalism. Furthermore, lender-owned properties (REO) may take a long time to sell, in part because so many REO properties are now for sale. 

No. A lender cannot sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure. This is called the “one action rule” or “one form of action rule.” One exception to this rule is if the security for the loan has become “valueless” after the lender’s security interest was recorded (e.g., a “wiped out” junior lien holder). In this case, the lender can sue directly on the debt (note) unless the borrower’s loan falls into category 1) or 2) in Question 4. A deficiency judgment is limited by the difference between the amount of the indebtedness and the fair market value of the property, unless the actual sale price exceeds that value. An action for a deficiency judgment must be brought within 3 months from the time of judicially-ordered sale. A lender may not pursue a deficiency judgment against the borrower should the lender opt to foreclose by a trustee’s sale foreclosure (a non-judicial action). If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender/seller may not obtain a deficiency judgment against the defaulting borrower/buyer. . If the loan is obtained to purchase a residential 1-4 unit dwelling all or part of which is owner occupied and the loan is secured by that property, the lender may not obtain a deficiency judgment against the defaulting borrower. This loan is entitled to “purchase money” protection. Note, however, that should the buyer refinance the home, the new loan is no longer “purchase money.” Thus, the buyer would lose the protection against a deficiency judgment in the event of a default. It depends. Some states have “anti-deficiency statutes” that protect certain borrowers from deficiency judgments. Under those circumstances, a lender would opt for a sherriff’s (trustee’s) sale foreclosure which is quicker and less expensive than a judicial foreclosure. A sherriff’s (trustee’s) sale foreclosure does not involve the courts. Generally, there are five situations in which a deficiency judgment is prohibited.: Basicly, a loan workout is any resolution of a problem loan between the lender and borrower that modifies the original loan agreement. Some of these options include forbearance (e.g. forgiving a portion of the debt or late charges); deferment; renegotiating interest rate, monthly payment amount, principal amount, maturity date; or the enforcement an acceleration clause in the loan.

Deed in Lieu of Foreclosure: After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt. Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records.

Shakopee Short Sale*: A Shakopee short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan. A lender may accept a Shakopee short sale when the borrower is in severe financial straits and market conditions make a Shakopee short sale the best choice to mitigate the lender’s damages. Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report. 

Depending on the situation, a lender may consider one of the following: 

A lender may foreclose on the defaulting borrower’s real property which secures the loan. There are two types of “foreclosures” available to a lender: a trustee’s (sherriff’s) sale and a judicial foreclosure. Technically, a sherriff’s (trustee’s) sale is not a “foreclosure” but the term has been used for both a trustee’s sale as well as a judicial foreclosure.

For certain loans, a lender has no choice and must conduct a sherriff’s(trustee’s) sale. With a sherriff’s(trustee’s sale), a lender cannot go after a deficiency judgment. A deficiency occurs when the current market value of the property is less than the loan on the property. See Questions 3 and 4 for more details.

Eden Prairie Short Sale Expert Information by Joe Niece

Filed under: Eden Prairie, Short Sales — joeniece @ 1:34 am

The Problem

As the Real Estate boom continued through the early 2000’s, money became more and more available to less and less qualified buyers. No meaningful oversite was given to the appraisal process and home values were artificially inflated by increased demand from newly qualifed first time home buyers, second home and vacation home buyers and investors. New risky loan policies were given the green light by a Congress that wanted to increase home ownership to historic levels. Housing was talked about as a right by some legislators, touted as a way to reduce crime by others and ignored by the rest. With unsubstainable increase in prices for Eden Prairie real estate during the first six years of the 2000’s tied with the collaspe of subprime mortgages and low teaser rates in the spring of 2007 the real estate market imploded on itself. As the economy went into free fall in 2009, employers rushed to cut their labor forces to reduce costs which poured gas on the current self destructing real estate market. The result has been a wave of foreclosures and defaults. When a borrower is no longer in a position to make the mortgage payments, is facing foreclosure and the current market value of the property–including the cost to sell the property–is less than the loan on the property, the borrower may consider a Eden Prairie short sale. This could save the lender the expenses of foreclosure proceedings and from having another REO property on its books. From the borrower’s perspective, the Eden Prairie short sale prevents having the foreclosure on the borrower’s credit history, and releases the borrower from an obligation that he or she can no longer afford.

In essence, a Eden Prairie short sale is a sale transaction subject to a lender’s approval in which the lender consents to a sale of the security interest for less than what is owed on the note and accepts the proceeds in full satisfaction of the loan amount. A Eden Prairie short sale requires much paperwork and preparation on behalf of the borrower or borrowers agent. Typically, before applying for a Eden Prairie short sale, the seller must have a ready buyer and all the paper work prepared to present to the lender. The buyer of the property must also be prepared for a protracted time period to conclude the purchase of the property.

All of the information provided is gathered from numerous sources. Legal advice should be obtained from an attorney. If you are in need of help, contact us for a private meeting about your particular situation. Some provisions may not be applicable in all states and may change daily based on new laws and interpretations. This infomation is provided as a public service to help troubled borrowers and lenders minimize the economic and emotional damage that foreclousure have on society.

I. Lender’s Options Upon Borrower’s Loan Default

Q 1. What options does a lender have on a debt secured by real property if the borrower does not make the payments on the loan?

A

The lender may also be able to pursue “guarantors” of the debt who have signed written guarantee agreements (not including the borrowers).

Q 2. What other options may the lender consider instead of foreclosure when the borrower is delinquent?

A

Loan Workout

Short Payoff

*: With a Eden Prairie short payoff, the lender accepts less than the remaining mortgage amount as full payment of the loan. The property need not be sold.

*Note: Some lenders do not differentiate between a Eden Prairie short sale and a Eden Prairie short payoff.

Q 3. What is a deficiency judgment?A

A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure. A lender may obtain a deficiency judgment only with a judicial foreclosure. With a sherriff’s(trustee’s) sale foreclosure, the lender cannot go after a deficiency judgment. See Question 4 for more details.

Q 4. Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?A

1) Purchase Money

2) Seller Carryback.

3) Trustee’s Sale.

4) 3 Month Time Limit.

5) Fair Value Limitations.

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure). Holders of a junior deed of trust (second, third, etc.) should note that if the “wiped-out” junior lien is not purchase money or seller carryback, then the junior lien holder may sue on the note and the borrower on the junior loan may be personally liable.

Q 5. Can a lender avoid the foreclosure process and just sue the borrower on the note (i.e., treat it as an unsecured note)?

A

Q 6. Why would a lender agree to accept a short sale?

A

A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the Eden Prairie short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)

II. Effect On Borrowers of Eden Prairie Short Sales

Q 7. Does a Eden Prairie short sale adversely affect a defaulting borrower’s credit rating?

A

Q 8. Suppose the borrower is late with his/her mortgage payments, causing the lender to begin the foreclosure process by filing a notice of default. Before the foreclosure sale occurs, the borrower pays the lender what is owed on the note. Could these activities appear on the borrower’s credit report?

A

Q 9. Is the method by which lenders report a Eden Prairie short sale a negotiable item?

A

Q 10. Must a real estate transfer disclosure statement be given to a buyer in a Eden Prairie short sale transaction?

A

Q 11. Must other disclosures be given to a buyer (or seller) pursuant to a Eden Prairie short sale?

A

Q 12. Suppose a distressed seller enters into a contract to sell his/her home to a buyer pursuant to a Eden Prairie short sale. Should the listing agent inform the lender if and when other offers are made on the property?

A

Q 13. Should a listing agent working with a distressed seller attempt to negotiate a future listing agreement with the lender?

A

IV. Other Issues

Q 14. Are there any tax effects of a Eden Prairie short sale?

A

Q 15. What is the process for applying for a Eden Prairie short sale?

A

First, the borrower must find a buyer for the property.

Second, the borrower must prepare all the necessary documents. See question 16.

Third, the borrower must submit all documents to the lender.

Fourth, the lender will send out their own appraiser to make sure that the buyer’s offer is at fair market value.

Fifth, the lender will make a determination on whether or not to agree to the short sale.

Q 16. What documentation will a lender typically require?

A

Written explanation (and proof) of the hardship the borrower is experiencing;

Copy of the purchase contract signed by both the buyer and seller (borrower);

Proof of the buyer’s ability to purchase the property, i.e., a completed loan application, pre-approval by another lender, or evidence of cash on hand (bank statement);

Preliminary title report;

Estimated net/closing statement certified by an escrow officer acceptable to the lender;

Completed and signed IRS Form 4506, “Request for Copy of Tax Form;”

Completed and signed personal financial worksheet;

Previous two years tax returns;

Employment paycheck stubs for the past two months;

Profit and loss statement (if the borrower is self-employed);

Past three months’ bank statements.

Q 17. Where can I obtain additional information?

A

 

You may consult the seller’s lender directly about their policies and what is required to apply for a Eden Prairie short sale of a property. The internal departments that handle Eden Prairie short sales differ by lender. You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department. 

Lenders will typically require a distressed borrower to furnish a variety of documents, which could include the following: 

It is always in the best interest of the borrower to keep the lender informed. If the borrower is in default of the loan and is contemplating a Eden Prairie short sale, it would be best for the borrower to let the lender know before the foreclosure proceedings are well under way. The lender may or may not grant more time to the borrower to find a buyer. In general, the process goes as follows: 

Yes. The tax implications for the borrower could be so significant that a Eden Prairie short sale would not be in the borrower’s best interest. Before a Eden Prairie short sale is conEden Prairied, it is strongly recommended that the borrower seek the advice of a professional tax advisor.

Generally speaking, any relief of indebtedness is included in gross income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a Eden Prairie short sale

No. Listing agents working with distressed sellers owe them a fiduciary duty. Since in a Eden Prairie short sale situation a lender could choose to foreclose on the seller, the lender’s interests are potentially adverse to the seller’s interests. Attempting to negotiate a future listing agreement with the lender raises the issues of “to whom is the agent’s loyalty devoted” and “has the agent violated the fiduciary duty he/she owes the seller.” The safer practice is to avoid putting oneself in such a position. 

Probably. Although the lender is technically not a party to the real estate contract, lender approval is nearly always a contingency of the agreement. Therefore, REALTORS® should obtain the client’s permission to keep the lender apprised of any relevant developments, including the presentation of other offers. 

Yes. Eden Prairie Short sales are treated just like any other sales transaction. 

 

Typically, no. The Eden Prairie short sale is usually reported to credit reporting agencies as settled for less than the full balance. However, a borrower may try to negotiate this at the time the Eden Prairie short sale is being arranged.

III. Disclosure Requirements in Eden Prairie Short Sales Yes, if the property being sold is a residential 1-4 unit dwelling and the transaction doesn’t fall into one of the regular TDS exemption categories. No exemption exists for a Eden Prairie short sale transaction in which the borrower sells the property to an outside buyer, using the sale proceeds to pay off the lender. 

Yes. The lender can report to a credit bureau receipt of any payments made 30, 60, 90 or more days after their due date. This may appear on a borrower’s credit report as a “foreclosure in process,” “foreclosure proceedings,” “current was 30,” or in some other way. Any such terms, or other similar reporting comments, harm that individual’s overall credit rating. 

Yes. Lenders will report the Eden Prairie short sale as being settled for less than the full balance. This would show up on the borrower’s credit report as a negative mark for seven years. 

Lenders may have ample incentive to negotiate a Eden Prairie short sale with a distressed borrower. For example, should the lender take back a property pursuant to a foreclosure sale, the lender would become responsible for a variety of costs, including property maintenance, utilities, HOA fees, and might risk destruction of the property by vandalism. Furthermore, lender-owned properties (REO) may take a long time to sell, in part because so many REO properties are now for sale. 

No. A lender cannot sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure. This is called the “one action rule” or “one form of action rule.” One exception to this rule is if the security for the loan has become “valueless” after the lender’s security interest was recorded (e.g., a “wiped out” junior lien holder). In this case, the lender can sue directly on the debt (note) unless the borrower’s loan falls into category 1) or 2) in Question 4. A deficiency judgment is limited by the difference between the amount of the indebtedness and the fair market value of the property, unless the actual sale price exceeds that value. An action for a deficiency judgment must be brought within 3 months from the time of judicially-ordered sale. A lender may not pursue a deficiency judgment against the borrower should the lender opt to foreclose by a trustee’s sale foreclosure (a non-judicial action). If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender/seller may not obtain a deficiency judgment against the defaulting borrower/buyer. . If the loan is obtained to purchase a residential 1-4 unit dwelling all or part of which is owner occupied and the loan is secured by that property, the lender may not obtain a deficiency judgment against the defaulting borrower. This loan is entitled to “purchase money” protection. Note, however, that should the buyer refinance the home, the new loan is no longer “purchase money.” Thus, the buyer would lose the protection against a deficiency judgment in the event of a default. It depends. Some states have “anti-deficiency statutes” that protect certain borrowers from deficiency judgments. Under those circumstances, a lender would opt for a sherriff’s (trustee’s) sale foreclosure which is quicker and less expensive than a judicial foreclosure. A sherriff’s (trustee’s) sale foreclosure does not involve the courts. Generally, there are five situations in which a deficiency judgment is prohibited.: Basicly, a loan workout is any resolution of a problem loan between the lender and borrower that modifies the original loan agreement. Some of these options include forbearance (e.g. forgiving a portion of the debt or late charges); deferment; renegotiating interest rate, monthly payment amount, principal amount, maturity date; or the enforcement an acceleration clause in the loan.

Deed in Lieu of Foreclosure: After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt. Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records.

Eden Prairie Short Sale*: A Eden Prairie short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan. A lender may accept a Eden Prairie short sale when the borrower is in severe financial straits and market conditions make a Eden Prairie short sale the best choice to mitigate the lender’s damages. Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report. 

Depending on the situation, a lender may consider one of the following: 

A lender may foreclose on the defaulting borrower’s real property which secures the loan. There are two types of “foreclosures” available to a lender: a trustee’s (sherriff’s) sale and a judicial foreclosure. Technically, a sherriff’s (trustee’s) sale is not a “foreclosure” but the term has been used for both a trustee’s sale as well as a judicial foreclosure.

For certain loans, a lender has no choice and must conduct a sherriff’s(trustee’s) sale. With a sherriff’s(trustee’s sale), a lender cannot go after a deficiency judgment. A deficiency occurs when the current market value of the property is less than the loan on the property. See Questions 3 and 4 for more details.

Short Sale Information

Filed under: Short Sales — joeniece @ 12:47 am

Introduction

Increasingly, lenders are making loans in amounts that become too difficult for borrowers to repay.  Given the unparalleled increase in prices for real estate during the last few years and the impending economic slow down, many of these borrowers may not be able to fulfill their mortgage obligations.  When a borrower is no longer in a position to make the mortgage payments, is facing foreclosure and the current market value of the property–including escrow costs–is less than the loan on the property, the borrower may consider a short sale.  This could save the lender the expenses of foreclosure proceedings and from having another REO property on its books.  From the borrower’s perspective, the short sale prevents having the foreclosure on the borrower’s credit history, and releases the borrower from an obligation that he or she can no longer afford.

In essence, a short sale is a sale transaction subject to a lender’s approval in which the lender consents to a sale of the security interest for less than what is owed on the note and accepts the proceeds in full satisfaction of the loan amount.  A short sale requires much paperwork and preparation on behalf of the borrower.  Typically, before applying for a short sale, the seller must have a ready buyer and all the paper work prepared to present to the lender.  The buyer of the property must also be prepared for a protracted time period to conclude the purchase of the property.

I.  Lender’s Options Upon Borrower’s Loan Default

Q   1.  What options does a lender have on a debt secured by real property if the borrower does not make the payments on the loan?

A  A lender may foreclose on the defaulting borrower’s real property which secures the loan.  There are two types of “foreclosures” available to a lender:  a trustee’s sale and a judicial foreclosure.  Technically, a trustee’s sale is not a “foreclosure” but the term has been used for both a trustee’s sale as well as a judicial foreclosure.

For certain loans, a lender has no choice and must conduct a trustee’s sale.  With a trustee’s sale, a lender cannot go after a deficiency judgment.  A deficiency occurs when the current market value of the property is less than the loan on the property.  See Questions 3 and 4 for more details.

The lender may also be able to pursue “guarantors” of the debt who have signed written guarantee agreements (not including the borrowers).

Q   2.  What other options may the lender consider instead of foreclosure when the borrower is delinquent?

A  Depending on the situation, a lender may consider one of the following:

Loan Workout:  Basicly, a loan workout is any resolution of a problem loan between the lender and borrower that modifies the original loan agreement.  Some of these options include forbearance (e.g. forgiving a portion of the debt or late charges); deferment; renegotiating interest rate, monthly payment amount, principal amount, maturity date; or the enforcement an acceleration clause in the loan. 

Deed in Lieu of Foreclosure:  After the borrower is in default, the borrower voluntarily delivers title to the lender for consideration and the lender accepts the conveyance of the property in full satisfaction of the mortgage debt.  Using this method, the lender saves the costs of foreclosure and the borrower avoids having a notice of default on his/her records. 

Short Sale*:  A short sale is a transaction in which a lender allows the real property securing the loan to be sold for less than the remaining mortgage amount due and accepts the proceeds as full payment of the loan.  A lender may accept a short sale when the borrower is in severe financial straits and market conditions make a short sale the best choice to mitigate the lender’s damages.  Like a deed in lieu of foreclosure, this saves the lender the costs of foreclosure and the borrower avoids having a foreclosure on his or her credit report. 

Short Payoff*:  With a short payoff, the lender accepts less than the remaining mortgage amount as full payment of the loan.  The property need not be sold. 

*Note:  Some lenders do not differentiate between a short sale and a short payoff.

Q   3.  What is a deficiency judgment?

A   A deficiency judgment is a judgment obtained by the lender in court against the borrower for the difference between the unpaid balance of the secured debt and the amount produced by sale or the fair market value of the security, whichever is greater, in a judicial foreclosure.  A lender may obtain a deficiency judgment only with a judicial foreclosure.  With a trustee’s sale foreclosure, the lender cannot go after a deficiency judgment.  See Question 4 for more details.

   4.  Can a real estate lender obtain a deficiency judgment against a defaulting borrower following foreclosure?

A  It depends.  Some states have “anti-deficiency statutes” that protect certain borrowers from deficiency judgments.  Under those circumstances, a lender would opt for a trustee’s sale foreclosure which is quicker and less expensive than a judicial foreclosure.  A trustee’s sale foreclosure does not involve the courts. Generally, there are five situations in which a deficiency judgment is prohibited:

1)  Purchase Money.  If the loan is obtained to purchase a residential 1-4 unit dwelling all or part of which is owner occupied and the loan is secured by that property, the lender may not obtain a deficiency judgment against the defaulting borrower. This loan is entitled to “purchase money” protection.    Note, however, that should the buyer refinance the home, the new loan is no longer “purchase money.”  Thus, the buyer would lose the protection against a deficiency judgment in the event of a default.

2)  Seller Carryback.   If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender/seller may not obtain a deficiency judgment against the defaulting borrower/buyer.

3)  Trustee’s Sale.   A lender may not pursue a deficiency judgment against the borrower should the lender opt to foreclose by a trustee’s sale foreclosure (a non-judicial action). 

4)  3 Month Time Limit.   An action for a deficiency judgment must be brought within 3 months from the time of judicially-ordered sale. 

5)  Fair Value Limitations.   A deficiency judgment is limited by the difference between the amount of the indebtedness and the fair market value of the property, unless the actual sale price exceeds that value. 

When a deficiency judgment is permitted, the lender may obtain one only following a judicial foreclosure, or when the security has become valueless (such as when security for a second trust deed loan is wiped out when the first trust deed lender completes its foreclosure).  Holders of a junior deed of trust (second, third, etc.) should note that if the “wiped-out” junior lien is not purchase money or seller carryback, then the junior lien holder may sue on the note and the borrower on the junior loan may be personally liable. 

Q   5.  Can a lender avoid the foreclosure process and just sue the borrower on the note (i.e., treat it as an unsecured note)?

A  No.  A lender cannot sue on a debt secured by a mortgage or trust deed except for a judicial foreclosure.  This is called the “one action rule” or “one form of action rule.”   One exception to this rule is if the security for the loan has become “valueless” after the lender’s security interest was recorded (e.g., a “wiped out” junior lien holder).  In this case, the lender can sue directly on the debt (note) unless the borrower’s loan falls into category 1) or 2) in Question 4.

Q   6.  Why would a lender agree to accept a short sale?

A  Lenders may have ample incentive to negotiate a short sale with a distressed borrower. For example, should the lender take back a property pursuant to a foreclosure sale, the lender would become responsible for a variety of costs, including property maintenance, utilities, HOA fees, and might risk destruction of the property by vandalism. Furthermore, lender-owned properties (REO) may take a long time to sell, in part because so many REO properties are now for sale.

A lender will typically evaluate the financial situation of the borrower as well as current market conditions to determine whether or not to agree to a short sale. It is really a business decision for the lender to determine whether it would receive more money by accepting the short sale, or completing a foreclosure, reselling the property, and pursuing personal liability (i.e., deficiency judgment against the borrower and/or claims against guarantors, for loans on which those remedies are available.)

II.  Effect On Borrowers of Short Sales

Q   7.  Does a short sale adversely affect a defaulting borrower’s credit rating?

A  Yes.  Lenders will report the short sale as being settled for less than the full balance.  This would show up on the borrower’s credit report as a negative mark for seven years. 

Q   8.  Suppose the borrower is late with his/her mortgage payments, causing the lender to begin the foreclosure process by filing a notice of default. Before the foreclosure sale occurs, the borrower pays the lender what is owed on the note. Could these activities appear on the borrower’s credit report?

A  Yes. The lender can report to a credit bureau receipt of any payments made 30, 60, 90 or more days after their due date. This may appear on a borrower’s credit report as a “foreclosure in process,” “foreclosure proceedings,” “current was 30,” or in some other way. Any such terms, or other similar reporting comments, harm that individual’s overall credit rating.

Q    9.  Is the method by which lenders report a short sale a negotiable item?

A  Typically, no.  The short sale is usually reported to credit reporting agencies as settled for less than the full balance. However, a borrower may try to negotiate this at the time the short sale is being arranged.

III.  Disclosure Requirements in Short Sales

Q    10.  Must a real estate transfer disclosure statement be given to a buyer in a short sale transaction?

A   Yes, if the property being sold is a residential 1-4 unit dwelling and the transaction doesn’t fall into one of the regular TDS exemption categories. No exemption exists for a short sale transaction in which the borrower sells the property to an outside buyer, using the sale proceeds to pay off the lender. 

Q    11.  Must other disclosures be given to a buyer (or seller) pursuant to a short sale?

A  Yes.  Short sales are treated just like any other sales transaction. 

Q   12.  Suppose a distressed seller enters into a contract to sell his/her home to a buyer pursuant to a short sale. Should the listing agent inform the lender if and when other offers are made on the property?

A   Probably.  Although the lender is technically not a party to the real estate contract, lender approval is nearly always a contingency of the agreement. Therefore, REALTORS® should obtain the client’s permission to keep the lender apprised of any relevant developments, including the presentation of other offers.

Q    13.  Should a listing agent working with a distressed seller attempt to negotiate a future listing agreement with the lender?

A  No. Listing agents working with distressed sellers owe them a fiduciary duty. Since in a short sale situation a lender could choose to foreclose on the seller, the lender’s interests are potentially adverse to the seller’s interests. Attempting to negotiate a future listing agreement with the lender raises the issues of “to whom is the agent’s loyalty devoted” and “has the agent violated the fiduciary duty he/she owes the seller.” The safer practice is to avoid putting oneself in such a position.

IV.  Other Issues

Q   14.  Are there any tax effects of a short sale?

A  Yes. The tax implications for the borrower could be so significant that a short sale would not be in the borrower’s best interest.  Before a short sale is contemplated, it is strongly recommended that the borrower seek the advice of a professional tax advisor.

Generally speaking, any relief of indebtedness is included in gross income. There are, however, some exceptions to this rule that may benefit a taxpayer involved in a short sale. 

Q   15.  What is the process for applying for a short sale?

A  It is always in the best interest of the borrower to keep the lender informed.  If the borrower is in default of the loan and is contemplating a short sale, it would be best for the borrower to let the lender know before the foreclosure proceedings are well under way.  The lender may or may not grant more time to the borrower to find a buyer.  In general, the process goes as follows:

  • First, the borrower must find a buyer for the property.
  • Second, the borrower must prepare all the necessary documents.  See question 16.
  • Third, the borrower must submit all documents to the lender.
  • Fourth, the lender will send out their own appraiser to make sure that the buyer’s offer is at fair market value.
  • Fifth, the lender will make a determination on whether or not to agree to the short sale.

Q   16.  What documentation will a lender typically require?

A  Lenders will typically require a distressed borrower to furnish a variety of documents, which could include the following:

  • Written explanation (and proof) of the hardship the borrower is experiencing;
  • Copy of the purchase contract signed by both the buyer and seller (borrower);
  • Copy of the TDS;
  • Proof of the buyer’s ability to purchase the property, i.e., a completed loan application, pre-approval by another lender, or evidence of cash on hand (bank statement);
  • Copy of the certified escrow instructions; 
  • Preliminary title report;
  • Estimated net/closing statement certified by an escrow officer acceptable to the lender;
  • Completed and signed IRS Form 4506, “Request for Copy of Tax Form;”
  • Completed and signed personal financial worksheet;
  • Previous two years tax returns;
  • Employment paycheck stubs for the past two months;
  • Profit and loss statement (if the borrower is self-employed);
  • Past three months’ bank statements.

Q   17.  Where can I obtain additional information?

A  You may consult the seller’s lender directly about their policies and what is required to apply for a short sale of a property.  The internal departments that handle short sales differ by lender.  You may try asking for the problem loan department, loan workout department, loss mitigation department, or foreclosure department.

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