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Navigating short sales and foreclosures

Those who can’t keep up with their mortage payments are in tough situations but they do have options

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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.

 

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Real Estate

‘Culture eats strategy for breakfast’

Real estate agents must adapt, learn how to manage from within

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A real estate agent is contractually bound to act on their client’s behalf. (Photo by Andy Dean Photography/Bigstock)

“Culture Eats Strategy for Breakfast” was a phrase often repeated in many of my management courses from the University of Illinois. The concept was discussed at length – how the best laid plans can sometimes be supported or derailed by the culture of the people involved in whichever project to be implemented. Whether it be a project to implement new software, roll out a new product or service, or just reaching a sales target, the way the team involved works together can indeed affect the outcome.  

Perhaps this is just another way to say, “teamwork makes the dream work!” Most teams usually have someone who is designated as a leader. The leader can try to lead through authority and control or can alternatively try to lead through influence and encouraging a more collective framework for solving problems.  

Why does this matter when picking the right real estate agent or team to work with? Besides having a job as a salesperson for the brokerage, the real estate agent is contractually bound to act on their client’s behalf. The buyer broker agreement is in place so that the agent and the client can work together as a team in communications regarding offer strategy, during negotiations, implementing marketing plans, as well as selecting which renovations or upgrades to choose before selling a property.  After the property goes under contract, the job isn’t “done”.  There is still work to do.  

At this point, the agents then turn into a project manager of sorts – coordinating communications between the lending team, the title attorneys, the other client’s agents, any governmental agencies that could be involved in down payment assistance or helping to clear a property for a sale, and often times groups like a condo board, a home inspector, or contractors when arranging repairs and estimates before a final walk through. 

In short, the agent takes on somewhat of a “leadership role” in the transaction and ensures that all the ducks stay in a row until the project is complete.  That agent will hopefully be very fluid and forthcoming with their information, copying the required parties on all communications and creating a “paper trail” of who said what or didn’t offer to fix A, B, or C, so that all the minutiae of the contract can be addressed and fulfilled before the settlement date.  The agent often must wear many hats and quickly learn the communication styles of an entire new set of people in a short period.  One person may not return calls for a week after being contacted.  Another person may go on vacation at the beginning of the process and not return emails for two weeks.  Another person may wish to have daily updates of the progress of the process. 

In this way – an agent quickly learns in each transaction that “culture can eat strategy for breakfast.” Because the agent must adapt to a wide variety of communication styles, learn how to “manage from within”, build support for closing the project by the due date, and somehow keep all the interested parties invested, engaged, and responsive.  

Who you work with matters when picking the right person to represent you in your next transaction – so, just remember that “teamwork makes the dream work!”


Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].

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Real Estate

Does Pride decor resemble Trump’s design aesthetic?

Glitter, gold, and rejecting the idea that a home should be understated

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Trump’s White House decor features an astonishing amount of tacky gold leaf. (White House photo public domain)

Interior design is often a balancing act between taste, personality, and restraint. Sometimes, however, restraint leaves the building entirely. Such is the case when the colorful exuberance of gay Pride-inspired decorating collides with the famously excessive decorating style associated with the current occupant of the White House. The result can be a fascinating study in maximalism, spectacle, and unapologetic visual overload.

Donald Trump’s personal decorating style has long been a subject of debate among designers and critics. Admirers see luxury and grandeur. Critics see something else: a dizzying display of gold leaf, marble, mirrors, crystal, and oversized furnishings that often crosses the line from elegant into what many designers would call tacky. More is rarely enough. If one chandelier sparkles, three are better. If a room has gold accents, why not make every available surface gold? (See Oval Office and ballroom rendition for details.)

In many ways, this excess shares common ground with certain Pride celebrations. Pride has never been about blending into the background. It celebrates visibility, self-expression, individuality, and joy. Rainbow colors, dramatic costumes, glitter, flamboyant artwork, and bold statements have long been part of Pride culture. Yet there is an important difference. Pride’s extravagance is often playful, self-aware, and rooted in personal expression, while Trump’s aesthetic has frequently been criticized for equating luxury with sheer quantity and visual intensity.

Combining these influences creates an interior that could best be described as “glamorous chaos.”

Imagine entering a living room in which gold-trimmed mirrors stretch from floor to ceiling. Crystal chandeliers hang above a bright rainbow velvet sectional. Marble floors gleam beneath metallic furniture that appears determined to reflect every available light source. Pride flags become framed artwork surrounded by ornate gold moldings. A room designed this way doesn’t whisper. It shouts.

Color is central to the concept. Pride-inspired interiors often embrace the full spectrum of colors. Trump’s style, meanwhile, traditionally favors cream, gold, black, and glossy finishes. Combining them means introducing vivid jewel tones against a backdrop of faux-palatial luxury. Emerald green chairs, ruby-red draperies, sapphire-blue accent walls, and gold-trimmed furniture can coexist in a way that feels deliberately theatrical.

The key word is theatrical.

Many professional designers spend years learning how to create visual balance. A Pride-meets-Trump interior intentionally ignores many of those rules. Pattern competes with pattern. Shine competes with shine. Artwork competes with furniture. The eye rarely gets a chance to rest. For some homeowners, that sounds exhausting. For others, it sounds like the perfect party.

Lighting offers another opportunity to embrace excess. Crystal chandeliers, mirrored lamps, illuminated shelves, and color-changing LED lighting can transform a room into something resembling a cross between a luxury hotel lobby and a Pride festival. The goal is not subtlety. The goal is spectacle.

A dining room inspired by this combination might feature a massive glass table, gold dining chairs, rainbow floral arrangements, mirrored walls, and enough crystal accessories to keep a polishing cloth busy year-round. Critics would call it gaudy. Fans would call it fabulous.

Artwork becomes particularly important. Pride-themed pieces featuring LGBTQ+ history, activism, and culture can provide meaning beneath the decorative excess. Without these personal and cultural elements, the room risks becoming little more than a collection of expensive looking, but not necessarily expensive, objects. Pride design can work best when it reflects identity and community rather than simply displaying color for color’s sake.

While normally a haven for restful sleep, bedrooms can take a similar approach. Plush velvet fabrics, oversized tufted headboards, metallic and mirrored finishes, colorful accent lighting, and dramatic artwork create a space that feels more like a boutique hotel suite than a traditional bedroom. Again, the challenge is avoiding the temptation to add one more decorative element to an already crowded visual landscape.

What makes this design combination interesting is that both aesthetics reject the idea that a home should be understated. Both embrace visibility. Both invite attention. Both encourage occupants to take up space unapologetically. Yet where Pride design often celebrates authenticity and self-expression, Trump’s decorating style is frequently criticized for prioritizing conspicuous luxury over cohesion and refinement.

The result is an interior style that many people would consider delightfully outrageous and others would consider a decorating nightmare. Either way, nobody is likely to forget it.

In the end, a Pride-inspired interpretation of Donald Trump’s famously over-the-top aesthetic would be colorful, glittering, excessive, and impossible to ignore. It would break nearly every rule of minimalist design while embracing the philosophy that if something is worth doing, it is worth overdoing. Whether one sees that as fabulous or tacky may depend entirely on how much gold leaf and rainbow velvet one can tolerate in a single room.


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.

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Real Estate

The advantages of owning your home

Looking beyond the financial perspective

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Renovating and customizing your home is just one advantage of homeownership. (Photo by Artazum LLC/Bigstock)

While one would hope it’s easy to calculate a break-even point for a home purchase – such as you could calculate for “how many widgets a month do I need to sell to break even?”  It’s not always easy when looking at the return on investment for a home purchase. Condo buildings can lose a view due to new construction next door. Weather patterns can expose deficiencies. Conversely, new dining and entertainment options in a neighborhood can cause home prices to skyrocket.  The addition of public transportation and employment options can make a neighborhood more desirable.  Or, as we have recently seen in the District of Columbia – an incoming presidential administration can severely affect the “vibe” of an entire city’s economy – for better or for worse.

Homeownership is not necessarily a get rich quick scheme.  Most homeowners find that staying in a house for at least 5-10 years – whether owner occupied or not, makes for a significant return on their investment.  An owner may not completely pay off a home in 10 years, but they might gain enough equity that they can receive quite a large check when they decide to sell or move.  And the old reasoning that “your apartment rental community does not cut you a sizeable check when moving out after 15 years.” still stands. Is homeownership for everyone?  Absolutely not. But many have reported other benefits besides purely financial gains. What are those benefits?

  • Feeling a sense of community.  – homeowners tend to take more pride in their buildings and neighborhoods, because they feel more invested and tend to want to protect their investment.  Neighborhood watch programs, getting to know elderly neighbors, forming building wide or cul-de-sac wide favorite TV show watch nights, super bowl parties, and other such communal and social ties lead to an overall sense of wellbeing and help to stabilize a nervous system in uncertain times.
  • Feng Shui?  Well, maybe there’s something to it. If you have been wanting to customize your own home but live in an apartment, there are many more restrictions on what you can do in a rental, than when you own your own home. Do you want new countertops?  Would you love to remove that popcorn ceiling?  Open up that kitchen?  Convert the back yard into a curated patio/cold plunge/hot tub time machine cookout/spring break adventure campsite of your wildest dreams? 
  • Forming longer lasting relationships  – sharing that CostCo membership with others on your floor, making a pan of lasagna and inviting the neighbors over for dinner, picking your neighbor’s brain for stock investment advice, asking your neighbor’s son to help you create a marketing plan for your new business, hosting the Friendsgiving you dreamed of – there are multitudes of reasons and ways that homeowners tend to feel a sense of community, sharing of resources, and realizing over time that “it takes a village.”  
  • Higher civic engagement – Studies have shown that homeowners tend to be more politically active in their districts, participate in local school boards, know the names of and how to contact their local representatives to affect change, etc.  Having a higher financial investment in and a commitment to stay in a neighborhood beyond just one or two years makes a big difference in who decides to show up at election time, especially for local elections. 

If you would like to know more about the research on homeownership, feel free to read the report from the National Association of Realtors here.


Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].

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