Financial
Navigating short sales and foreclosures
Those who can’t keep up with their mortage payments are in tough situations but they do have options
For sellers who are upside-down (owing more than their home is worth) on their mortgages, especially those who need to sell their property, it helps to know the options available to extricate themselves from their mortgages.
There are government programs like the Home Affordable Mortgage Program (HAMP) of 2009, which aims to reduce the number of foreclosures by incentivizing loan modifications such that monthly payments are within homeowners’ means, but not all lenders participate, and not all borrowers qualify. In addition, some homeowners simply need to sell due to lost employment, a necessary move, medical conditions, etc., and can’t benefit from a reduced mortgage payment.
In the latter situation there are three main options available, all of which are unpleasant in one way or another. For homeowners with the means to do so, they may sell their property at market value and pay the difference between their loan amount and the sale price, in addition to the fees associated with the transaction. For some of our clients in this position, this has cost them upwards of $100,000, but there is really no limit, in theory, as to how much this may cost.
The second option is simply to stop paying the mortgage. A homeowner’s loan documents will outline the process for foreclosure to begin, which usually takes three months, but can take longer. Banks will contact their borrowers to determine the situation and hopefully to offer assistance in getting the payments back on track.
If a borrower can’t do so, the legal machine will grind into action to effectively evict the homeowner from the house. The ultimate effect is that the homeowner’s credit is severely tarnished, preventing him or her from obtaining financing for another home purchase for several years and also affecting his or her creditworthiness for everything from credit cards to cell phone plans, for up to seven years.
Many borrowers don’t realize that in many states, banks have the right to sue their clients for the deficiency amount, calculated as the difference between what they are owed (including legal fees, insurance and other costs) and what the property eventually sells for at a foreclosure sale. This suit can be brought even years after the foreclosure, so it can be a constant threat and a cause of anxiety for borrowers even after they feel a sense of relief when the foreclosure is finally finished.
Buyers of properties that have already been reacquired by the lending bank (listed as “Real Estate Owned” or “REO” properties) should know that the process is generally the same as with a normal sale. The bank generally behaves like any other seller, offering the property for sale and accepting or negotiating to get the best offer possible. The few differences include the fact that the bank will almost always offer the property in “as-is” condition only and the property will likely be in sub-standard condition (although not always). In addition, the listing prices for REOs are generally below market value, which drives many other buyers to be interested. Because of this, it is important to be able to offer the best terms possible, including a contract with as few contingencies as possible, a price that may exceed the list price (sometimes by more than $100,000) and with no financing at all, if possible.
Instead of allowing a property to go into foreclosure, a homeowner may opt for a “short sale” instead, which usually minimizes the possible liability they may owe. In this scenario, the sale price is less than the total debt on the property and transaction costs of the sale. Sometimes the proceeds are enough to satisfy one loan on the property but not another, and sometimes the proceeds are not even enough to pay a single debt on the property in full.
In any of these situations, the lien holder or holders who will not be paid completely will have to agree to take a reduced amount, or perhaps nothing at all, for the sale to go through. Usually the process can be handled by the homeowner themselves, or through an agent, but the process can be so cumbersome and unpredictable that we always recommend working with an attorney who specializes in short sale negotiations. Owners should accept the written agreements provided by the bank only if the deficiency amount is forgiven, if possible. This eliminates the chance they may be sued for that amount in the future, but it should be noted that they must pay ordinary income tax on the forgiven amount to the IRS as if that money were earned.
As a buyer, you must know that if you are interested in pursuing a short sale listing, there is a large chance the process will not be successful, even after many months of waiting. The chances of success go up sharply if the seller is working with a short sale negotiator, but even then there are no guarantees. Therefore it should be noted that a short sale is only worth pursuing if the price really is attractive enough to justify the risk involved.
Either way, the outlook for owners of properties in distress is not rosy. Foreclosure affects their credit for up to seven years and may result in a lawsuit to recover the deficiency. Short sales have a softer impact, although still significant, on their credit and may also expose them to liability for the deficiency amount, if that amount is not forgiven. And paying the shortage themselves at closing can be a very difficult thing to do, although it preserves the borrower’s good credit. If the property must be liquidated, however, one of these three options may actually allow the homeowner to move on with their lives and start working on their financial future with less of a burden.
Buyers can take advantage of the current market conditions to acquire a property in distress at a good price, but should be aware of the potential pitfalls, especially when purchasing a short sale property.
David Bediz is a Realtor at Coldwell Banker Residential Brokerage and part of the Dwight and David Real Estate Group. He can be reached at 202-352-8456 or through DwightandDavid.com.
One of the biggest headaches of the new home process is the actual moving part. By the time someone is buying a home, most people are beyond the “I just need a pickup truck, a pizza and a case of beer for my friends.”
If that is still someone’s preferred way to move, that’s great. However, many people find they need a much more robust plan. It can also trigger a lot of feelings about items one owns, what to do with them, do they have too much, should I keep this memento that I never use? Etc.
Moving is a chance for a person to “clean house” literally, figuratively, spiritually and energetically. A person can figure out which items they want to keep, and which need to go. As someone who recently moved across the country, I can speak to this experience. It’s also time for what people call “the fresh start effect.” This phenomenon, according to psychologists, can happen in little moments (like the start of a new work week) and bigger moments (such as moving from one home to the next).
The fresh start effect offers these benefits often mentioned by psychologists:
- Mental Accounting: Dates act as chapter breaks, letting you put past failures into a previous period.
- Psychological Distance: You separate your flawed past self from your aspirational future self (“That was the old me”).
- Optimism Boost: New beginnings clear mental clutter and increase your sense of agency and control
Does this mean that “the new you” will be the perfect version you envisioned? Probably not. We are humans. But it might mean you get a chance to “leave some of the old you behind” within the walls you used to live in, and now have a chance to have a new layout, a new décor, a new color pattern, new wallpaper, donate old furniture and books or magazines, throw out clothes you no longer use or fit in, and enjoy the opportunity to literally use the, “Does this spark joy?” method that was made so popular by Marie Kondo in her Netflix series.
So, for all its hassle and headache, moving is a chance to shake off the “old you” and try on the new you, to incorporate the items you would like to keep and use more of, and shed the items, habits, and ways of thinking that you feel no longer serve you.
I can speak to the experiences that several of my clients had when they moved from a previous residence to a newer one. It usually coincided with a change in relationship status, a change in employment, a change in family size, but sometimes it just seemed to correlate to a new attitude and perspective that the client was really hoping for.
I have literally had clients come to me after the fact, in tears, that they were so happy they made the decision to move out of a situation that no longer served them, and move into one that felt like a much better fit.
Change can be annoying and overwhelming at times, but usually most people come out the other side, not wanting to return to the way they were before.
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
Real Estate
With gas prices soaring again, a staycation is a good plan
Home can be your personal retreat and your own private resort
When airfare costs more than your monthly utility bill and a weekend road trip requires a second mortgage just to fill the gas tank, many homeowners are discovering an unexpected luxury: the staycation.
A staycation isn’t settling for less—it’s reaping the benefits of one of the biggest investments you can make: your home. Much more than a place to sleep, it’s your personal retreat, your gathering place and, with a little preparation, your very own private resort.
Whether you own a single-family home, a townhouse, or a condo, creating a memorable staycation starts with appreciating what made you fall in love with your property in the first place.
Start with a home refresh. Think about checking into a beautiful vacation rental. It’s spotless, organized, and inviting. You can recreate that same feeling by spending a day preparing your home before your staycation officially begins.
Clear away clutter, deep clean the bathrooms and kitchen, wash the windows, and put fresh linens on every bed – even if you’re not expecting guests. Fluff the pillows, light a favorite candle, and place fresh flowers on the table. These small touches instantly make your home feel more luxurious.
If your budget allows, hiring a professional cleaning service can be one of the best staycation perquisites you make. After all, vacation should begin the moment you wake up and not after you’ve spent the day scrubbing floors.
Treat your staycation like a real trip. Set away messages on your phone and out of office notices on your email. Skip unnecessary chores for a few days. Giving yourself permission to relax may be the most valuable part of the entire experience.
One of the greatest advantages homeowners have over travelers is private outdoor living space. Whether it’s a spacious backyard, a screened porch, a rooftop terrace, or a cozy condo balcony, these areas can become the centerpiece of your staycation.
Stringing lights and adding comfortable seating, colorful planters, and outdoor rugs can completely transform the atmosphere without spending thousands of dollars. Add a portable fire pit, a tabletop fountain, or a hammock, and suddenly your backyard starts competing with many resorts.
Host an evening cookout, organize a game night, invite neighbors over for dessert, or gather around the fire pit for conversation after sunset. These simple moments often become the memories we treasure most.
Inside, transform your family room into a home theater complete with popcorn and comfortable blankets. Turn your breakfast room into a morning coffee café. Designate a quiet reading corner where phones are prohibited. Create a spa-like bathroom with plush towels, candles, bath salts, and relaxing music.
One of the highlights of traveling is experiencing new food. Instead of dining out every night, create themed dinners inspired by your favorite destinations. Prepare homemade Italian pasta one evening, Caribbean grilled seafood another, or a backyard Texas barbecue over the weekend. For a touch of whimsy, dress the part.
Pair each meal with music and libations from the region and enjoy dinner outdoors whenever possible. Suddenly, your dining room becomes part of the vacation experience instead of just another place to eat.
Families with children can turn a staycation into an adventure by seeing their home through a child’s eyes. Set up a backyard camping experience with a tent, flashlights, and s’mores around the fire pit. Transform the living room into an indoor campground complete with sleeping bags and a movie under a blanket “fort.” Organize a backyard Olympics with relay races, water balloon tosses, scavenger hunts, or miniature golf using household items.
Encourage children to plan a family picnic in the backyard or on the patio, choose a theme for a movie marathon, or help prepare meals inspired by countries they’d like to visit someday. The goal is to create experiences your children will remember long after summer is over.
Enjoy the amenities you already pay for. Condominium communities and many planned neighborhoods offer amenities that residents often overlook.
Swimming pools, fitness centers, tennis and pickleball courts, walking trails, clubhouses, grilling stations, and community gardens are designed to enhance your lifestyle. During your staycation, make a point of exploring everything your community offers. You may discover you’ve been living beside your own private resort all along.
Real estate professionals often talk about resale value, appreciation, and return on investment. While those things certainly matter, there’s another return that’s harder to measure: the enjoyment you get from living in your home every day.
You don’t need a boarding pass to recharge. You don’t need a hotel reservation to make memories. Sometimes the perfect getaway is the one you already own.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
Real Estate
When buying a home, it’s decisions, decisions, decisions
Keeping notes on the process makes for an informed purchase
When looking to buy a home, there are lots of details to consider. Many of my clients would come to me and say, “Joe I want to buy a place, but I haven’t decided which neighborhood to buy in.” And the struggle was real. A few clients had everything decided from the color of the hallway walls to the cabinet handles and sometimes which three square blocks they wanted to look at.
But other clients were occasionally looking at properties in areas as distinct as Union Market/NOMA, Brookland, Logan Circle, and then we would even go across the river to look at a property in Shirlington or the Van Dorn areas of Virginia, which all have their own unique flavor and characteristics.
Sometimes clients would tell me, “I only want to look in Mount Pleasant or Adams Morgan.” Or, “don’t even show me any properties west of this street or south of that street.” My job wasn’t to convince people where to live. It was to just take the parameters they set for me and find as good of a property in that zone as I could, coordinate the showings and, if necessary, offer the strategy.
One can see that buyers often had more decisions to make than a seller. From a seller’s perspective, the house was where it was, and we just had to make the best of it. But working with a buyer could mean looking at five different neighborhoods, and then being a “thought partner” to help them figure out which were the top two or three areas they had seen, and then further distilling those down into what was available and weighing those options against each other.
One house could have the dream bathroom but also be located six blocks further from a Metro stop, walkable shopping and dining, and “just too far away from my friends.” Another house could have all the neighborhood options a client was looking for, but was just not in turnkey condition, and would require an additional $30,000 of upgrades once purchased to make it into the dream home they envisioned.
One activity I often asked buyers to do was to keep an active list in their heads of the properties they liked, and to keep a running rank of the top three. I often encouraged them to bring a notebook along on the journey where they could take notes and write down questions they thought of as they looked. It was an important decision, and sometimes the largest purchase of their lives. Why not take it a little seriously, and take notes? This could often help the buyer later when they felt it was time to decide.
The point here is, keeping a notebook handy can sometimes help a person with what feels like an overwhelming process. It provides a space to explore how one feels, jot down important details to remember, and then use that to make an informed decision.
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
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