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The Latest in Short Sale Information for San Diego Homeowners

Current Information on Short Sales

As an experienced agent I find so many people and other agents remain misinformed as to the current guidelines for short sales.  This article summarizes the important issues and I wanted to share it with you. It is writtent by Kathy Mehringer who is  Director of Risk Management for Coldwell Banker Residential Brokerage and Short Sale Advisor for the Southwest Region.

 

Kathy Mehringer: Short Sales – Separating Fact from Fiction

 

Submitted by Coldwell Banker M… on Fri, 03/09/2012 – 12:40pm

Short sales are not going away anytime soon! Market statistical analysis provides ample proof that they will be with us for the foreseeable future. One thing is certain:  They are complex transactions that require skill and patience! 

As a real estate professional our charge is to counsel and advise our clients both competently and honestly.  If a short sale is right for a particular homeowner we must stand ready to provide professional representation in order to do so we must first be able distinguish fact from fiction!  The following represents a sampling of common misunderstandings!

Important Note:  Homeowners (“Borrowers”) who are considering a short sale should be referred to tax, financial and legal advisors in order to determine whether or not a short sale is the best option for their particular situation.
 
Fiction: Short Sales are like any other real estate transaction; it’s not necessary to obtain specialized education regarding the process and pitfalls.  After all, how difficult can it be?  
 
Fact:  Navigating the turbulent waters of a short sale transaction is nothing like what we have come to refer to as a “standard sale” or “equity sale.”  Short sale transactions require patience, knowledge, persistence, negotiation skills and great deal of planning and preparation.  For that reason you should develop the right skill-set and seek assistance when necessary. 
 
Furthermore there are many pitfalls for the unsuspecting homeowners and Realtors® alike. Scams and schemes abound, being able to recognize and reject them is one of most important skills you want to develop.  The best test for most is demonstrated in an old and familiar saying: “If it sounds too good to be true…….”   Well you know the rest!
 
Seek legitimate course studies and designations and beware of the Internet.  Information is prolific but not always accurate.
 
Fiction:  In order to be considered for a short sale the borrower must be delinquent in their monthly mortgage payments. 
 
Fact:  Lenders / servicers evaluate many factors when they are considering approval of a short sale request.  While delinquency may be one consideration there are many others:
 
1. Borrower may be in danger of imminent default
a.  If that is the case an explanation is required
2. Viable and verifiable hardship* such as:
a.  Loss of employment
b.  Reduction in salary
c.  Self-employed sustained loss of revenue
d.  Relocation
e.  Military deployment
f.  Medical conditions/expenses
g.  Death of a spouse
h.  Divorce
3. Mere loss of equity is not typically considered a hardship
4. Never advise a borrower to stop making payments on any indebtedness
 
*Hardships must be documented 
 
Fiction: Foreclosure is a preferred option for lenders. 
 
Fact:  If properly presented and documented, in many cases a fair and equitably priced short sale is a preferred method of mitigating loss and hedging against declining values.  The growing number of lender incentive programs evidences this theory*.   
 
*Multiple programs are being offered, many are by invitation only; advise borrowers to open their mail as there may be an invitation waiting for them!  Relocation incentive programs range from $2,500.00- $40,000.00 
 
Fiction:  A short sale will not be considered until the borrower is ready to submit a ratified offer from a ready, willing and able buyer.
 
Fact:  In the past that may have been true, but over the years lenders have learned that starting the foreclosure prevention process early can have positive results for all.  There are many “time of listing” programs available to borrowers seeking to avoid foreclosure.  Contact the lender at the time the borrower is considering listing the property to determine what programs may be available.  Often this practice leads to a pre-approved “list” price and a preliminary review of the borrower’s eligibility and hardship. 
 
Don’t fall into the trap of believing that all short sales are the same!  Do your research each and every time, even if you are working with the same lender.  
 
Try to determine early on whether or not you are communicating and/or negotiating with the actual lender.  In most cases the entity managing the short sale or foreclosure process is a servicer acting on behalf of an investor. Every investor has different guidelines and many loans are held by multiple investors making the process evermore challenging.  So you can understand why every situation is different.
 
Fiction:  Short sales are nearly impossible to close and aren’t worth the effort when they do!  They take forever and the lender always reduces the broker’s compensation.
 
Fact:  While challenging, short sales can and do close, often paying out the compensation rate as agreed seller and broker. On occasion and in certain circumstances lenders will attempt to reduce the compensation, like anything else in a short sale compensation is a negotiable item.
 
The reward of meeting the short sale challenge is obvious.  There is enormous satisfaction in a job well done and assisting a homeowner who hopes to avoid a foreclosure.  Preparation, patience, knowledge and professionalism are your best friends when it comes to closing short sales.  They do take time but when you have a plan and system in place success can be yours!  
 
Fiction: Short sale or foreclosure what’s the difference?  The homeowner’s credit is shot anyway. 
 
Fact:  This is a very slippery slope.  A real estate licensee ought not give advice on legal, financial or tax consequences of a short sale. One thing is certain, there are many factors that impact the borrower’s credit standing; a short sale may have less of an effect than foreclosure, however many elements come into play. Borrowers can log onto www.myfico.com to learn more.  Though nothing takes the place of a CPA or Attorney when it comes to assessing these matters
 
Fiction: Homeowners who are successful in securing a short sale agreement from the lender cannot qualify to purchase a home for at least 5-7 years. 
 
Fact:  As of this writing, FHA* offers a “post short sale” loan program for qualified borrowers who have been current on their mortgage for the twelve months immediately preceding the short sale and have not engaged in, what is known as, a strategic short sale.  
 
In addition, Fannie Mae* has modified their guidelines so that borrowers who have 20% down may obtain a Fannie Mae backed mortgage in 2-3 years after the discharge of a short sale. 
 
*Contact your lender or mortgage broker for details and additional criteria.
 
Fiction:  After a short sale the borrower will receive a 1099C, which triggers ordinary income tax liability for the amount of debt discharged.
 
Fact:  The IRS tax code requires that a 1099C to be issued after a discharge of debt. However, it is not the 1099C that triggers tax liability. In some cases the Federal Mortgage Debt Relief Bill of 2007 provides an exemption from tax liability.
 
Taxpayers and their tax preparers can obtain details by visiting www.irs.gov  (search for Mortgage Debt Relief Bill).  It is important to note that this bill sunsets December 31, 2012.  
 
The state of California has a similar exemption with the same sunset provision as the federal bill. 
 
Fiction:  After the lender agrees to a short sale the borrower remains personally liable for any deficiency realized as a result of the short sale.
 
Fact:  In California Senate Bills 931 and 458 altered the Anti-Deficiency Statute.  580e of the Civil Code of Procedures now states that all lien holders are prohibited by law from demanding additional consideration from the seller as a condition of a short sale AND further bars the lien holder(s) from pursuing the borrower for any deficiency.  A borrower may offer to pay additional consideration to any lien holder as long as the short sale lender is made aware of and provides written approval of any such agreement.
 
The law applies to residential 1-4 properties. Be aware there are exceptions; if a borrower commits fraud or waste in the course of the short sale their protection is lost.  Borrowers who are on the note and trust deed as a LLC or Corporation are not protected.
 
While this “fact versus fiction” analysis is in no particular order of importance they do represent common misconceptions that seem to float in the atmosphere somewhat akin to “urban legend.”
end of article written by Kathy Mehringer
 
 
It is imperative for anyone seeking to consider a short sale to seek professional tax and legal advise.  I work with an attoriney who for a nominal fee will oprivde consulation and expert advice so clients can weigh whether a short sale is their best option.  Currently there are new financing programs that have opened doors to people with Fannie or Freddie loans.  The most important things is for people to take action and not think the problem will resolve without taking some action. 
Alan and I have done multiple short sale transactions representing both sellers and buyers. Therefore as experienced agents in San Diego  can provide skilful and informative guidance throughout the process.
 
 

 

Closed Sales Santaluz Last 90 Days

Santaluz Homes Closed in Last 90 Days

We are seeing an increase in activity and a decrease in available inventory throughout 92127 and 92130.   Currently we are working with 3 relocation buyers all planning on moving to new positons in the next 3 months.  In general spring/summer stats will be closely watched as the top school district areas in the 56 corridor; Carmel Valley and Poway Unified are always first choices for reloacting families demanding good schools and a convenient location.  New homes are available in 4S Ranch, Del Sur and a new Pulte as well as Davidson community as well as Pardee’s Pacific Highlands Ranch. Santaluz is experiencing a surge in custom home building.

Here are the closed sales for within the gates of Santaluz in the last 90 days.

 

Luxury Homes in San Diego

Looking for Luxury…Look at Santaluz

 

Luxury Home in San Diego

Santaluz is a planned community conveniently located north of San Diego and about 10 miles east of the beaches of Del Mar.  It enjoys a near perfect year round climate.  Built around an award winning Rees Jones Golf Course, Santaluz encompasses @ 3800 acres. It is easily accessed by 56 which runs east to west and both I-15 and 5 for easy commutes to San Diego and surrounding areas of employment.   Santaluz is a lifestyle community where residents can enjoy walking and biking using  the many miles of trails and also enjoy all the features the Santaluz Club has to offer. It is a 24 hour guard gated community with roving patrols allowing residents to feel secure. It is in an area of conforming zoning surrounded by other lovely residential neighborhoods.

Luxury Homes Offer a Variety of Style

The homes within this luxury home community range in price and offer a wide variety of styles. There are casitas that appeal to busy professionals and empty nesters as they are on smaller lots requiring very little maintenance. These range from 22oo-2500+ sqft and start in the mid $700,000′s. There are executive family homes 2900- 5000 sqft with up to 6 bedrooms and up to  4 car garages ranging from the $800,000′s-$1,350,000.  The homes have varied architectural themes with varied color palettes so the street scape is very appealing.

Building a Luxury Custom Home in Santaluz

There are beautiful custom homes in Santaluz ranging from 4600 to over 8,000 sqft with prices starting  just under $2million. Buyers can find every imaginable feature and the finest finishes in these beautiful homes.  The resales on custom homes in the past few years has been below replacement cost so represent some of the best values for a newer custom home in San Diego.  There are still some lots available allowing people to build their dream home.  Currently there are more custom homes under construction in Santaluz than there have been in the past few years.  People see the beauty, the lifestyle, the security and fabulous location of Santaluz and want to call this “home.”

A Lifestyle Community

My husband and I have called Santaluz home for the past 7 years.  It is where we work, live and play! I have written many blogs on the communty which can be referenced by clicking Santaluz Blogs.  We are top agents in San Diego with Coldwell Banker and can provide detailed information on the builders, the floor plans, the Santaluz Club and the many lifestyle amenities of Santaluz. 

Find Out More About Santaluz San Diegos Finest Luxury Community

Enjoy my newest video on Santaluz!  Please feel free to comment and contact me for any additonal information!

 

The Pagnotta Team Gets Coldwell Banker Award for Sales in 2011!

Gretchen and Alan Pagnotta Lead Sales in North San Diego County

Last year was one of the most challenging years we have worked in Real Estate.  The short sales were more than challenging with delays and hurdles to jump and traditional sales had to compete with the distressed sales.  Emotions were high with both buyers and sellers. No one was really happy!  Sellers felt they are giving their home away and buyers need to be sedated to sign a contract thinking the market will fall further. Many times the appriasals came in below the contracted sales price causing another set of problems.  So far 2012 has seen a welcome change! The inventory is down, buyers are purchasing and not saying they want to rent and sellers have come to terms with their values. There has never been a better time to sell and make another move! Granted if you are selling and cashing out I would wait a few years. 

 

 

Coldwell Banker President’s Circle Award

 

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Alan and I will receive our award this next Tuesday. Year after year we consistently maintain a high sales volume. Our focus ia always San Diego North County.  Each year we seem to sell homes in Rancho Bernardo, Poway, Carmel Valley, Escondido, Encinitas, Carlsbad, Fallbrook, Vista and also work with new home builders in these areas. We always enjoy first time buyers and work also with people scaling down, moving up, investors and luxury home buyers and sellers in North San Diego County.    It takes tenacity, a huge amount of positive thinking and optimism, skillful negotiation and knowledge of the market.  Thankfully with the help of Coldwell Banker we are given all the latest tools to help both buyers and sellers. Our global internet marketing and search engine optimization is outstanding.  Currently we are working with 4 relocation buyers who found us on the internet. We just returned from the Gen Blue Coldwell Banker Training event in New Orleans.  We have a whole new bag of tricks to implement.  Social media is playing a huge part in how real estate is being marketed.  We plan to launch a series of community videos and focus on lifestyle marketing for both buyers and sellers.

 

 

Pilates At The Santaluz Club

Private Personal Trainers Are Available at Santaluz

I have had the opportunity to participate in some private pilates sessions at Santaluz.  The great thing about the Santaluz Club is the fitness director (Lisa Dickensen) is always thinking of new directions and new fitness opportunities for Santaluz Club Members.  Recently Amber Stocker joined the club.  I met Amber when she was offering 20 minute introductory sessions.  I tried a few things and the next day felt soreness in areas I did not know existed.  That prompted me to sign up for a series of classes. I have always enjoyed-mat pilates but have never used the specialized  equipment.

Week One proved to be challenging.  Amber is a great instructor who paints a mental image for her stuidents as to how their bodies should be positoned to gain the maximum benefit of a various exercise.  Amber is a Certified Pilates Instructor who also teaches yogaa . She is currently a graduate student at University of San Marcos studying Sociological Practice.  In simple terms; Amber knows her stuff!  Fabulous instructor!

I am now on Week 4 and after my session today truly believe this will become muscle memory in the near future.  Instead of doing rapid and ineffective movements Amber has trained me to isolate various muscle groups to gain the maximum benefit from movement.  Yes, I am sore the next day…a good sore.

The Studio at Santaluz

Combining my love for the ball and mat and an introduction to her carzy looking machine I am learning more each session.

So, if you are thinking of trying a new method to maintain or gain some added fitness..try pilates with Amber! She is available at the Santaluz Club and also by private appointment; 760-521-5423.  She offers pre and post natal instruction for all the preggie bods.  I have to ask her if I am her oldest senior.  I have no choice….my Mom is 95, lives alone and has a social life that makes mine look dull.  The message my mother has givem me is quite simple; “..move it or lose it.”

52 Weeks of Fun in San Diego March 2012

Ready Set Get Ready for Spring Fun in San Diego!

 

Del Sur Home Seller Gives Testimonial

Del Sur Neighborhood Sale

Recently we had the opportunity to list a 4 bedroom homes in the Del Sur, 92127 neighborhood.  Selling in this neighborhood can present a challenge as resale homes compete with new construction.  This was also a sale where there were some other challenges.  In any case we are very appreciative that the home owner was kind enough to offer a testimonial on behalf of us.  Selling in the current market does take a commitment and perseverance on the part of a listing agent.  Although we are one of the top selling agents we take each and every sale as a personal pledge to do everything we can to bring about the results desired by our clients. To us each sale is not a numbers game..we want 100% success.  This is the message…

Gretchen,
I want to thank you for helping me sell my house in Del Sur.  I know this house would not have been sold if it weren’t for your proactive and consistent efforts to ensure the house was in the best condition as possible for showings.  You went WELL above and beyond all expectations, and dealt with issues unrelated to the sale, in order to ensure the sale closed.  I haven’t seen an agent with as much drive and determination as you and I will gladly recommend you to all my friends.  You are an outstanding agent and I truly appreciate everything you have done for me.  
Thank you,
Travis T. 

If we can help you or a friend let us know!

 

The Pagnotta Team Home Sale Incentives

Thinking of Selling Your San Diego Home?

 

If you are considering selling your San Diego home this spring we have some incentives for you.  To get the most money and the fastest market time your property needs to be clean, the  yard maintained and your home  staged  for sales success! We have a great team that can help you.  Once they are done we will do the rest with our Global Marketing Internet Marketing Program and all our professional gallery photography!

Pacific Carpet and Tile Cleaning

 

The LOGO these business owners use is “Best Cleaning on Earth.”  I have used them for my personal residence and also have referred them to clients.  They get outstanding results.  My carpet looks like new after they are done. They are professional in every sense of the word.  I found them on the  Yelp site and after reading positive reviews gave them a call. Glad I did!

Keep It Green Pacific Carpet and Tile Cleaning  uses a product that is soap free, odor free, all natural, colorless, non-allergenic, non-toxic and no VOCs according to their advertising.

  They are offering free family room cleaning with 3 room minimum. If you have other cleaning  needs they will offer you a discount  if you call them for The Pagnotta Team Incentive 760-908-6795 or go to their website; www.PacificSteamClean.com

Modern Image Landscape

 

It is so important to have good curb appeal.  This starts with having your yard looking its best.  You may need to add some color with some fresh flowers at the entry to greet buyers and your lawns in their best condition.  I have personally used Modern Image Landscape on several occasions to landscape my entire yard including building a pool.  The quality of workmanship is fabulous. Chris O’Quinn is wonderful to work with; professional, polite and he communicates openly and frequently.  He is offering 1 free month of landscape maintenance with a six month contract. To read more go to http://www.modernimagelandscape.com/ or call 619-247-3628. Jus mention The Pagnotta Team to get the white glove treatment!

Stage To Success

Many times people think of staging as decorating.  Many times it is “un-decorating.”  That said it takes a decorator/designer to see what needs to be done.  Staging allows buyers to see space and imagine their lifestyle to be complimented by your home.  Once your home is listed we will provide you with a complimentary staging service!  If in the meantime you need help please call Catherine Smith at 858-442-1889 and let her work her magic!

 

 

We are Top San Diego agents and would be happy to provide you with a current opinion of value on your home or condo.   We work in the coastal and inland communities of Poway, Rancho Bernardo, Santaluz, Del Sur, 4S Ranch, Rancho Penasquitos, Vista, San Marcos, Carlsbad and Scripps Ranch.

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Tax Refunds for 4S Ranch Homeowners

Tax Collector Refunds Due to Bond Surplus

 

As a homeowner in 4S ranch in Rancho Bernardo, 92127,I almost passed out when I was on the County of San Diego Tax Collector site and saw this news. Who knew?  We have owned a large home in 4S Ranch that we use an income property for quite some time. We saw the potential in this fabulous community and decided this would be another great community to own property.  Apparently there is a bond surplus so residents will receive checks of $414-$61,472!  Since we have owned since 4S was first conceived in a Phase 1 product we are hoping for something more than the minimum. I cannot imagine anyone getting the $61,472! 

If you want more info read it for yourself at:http://www.sdtreastax.com/docs/news120202.pdf

If you are interested in reading more about this vibrant community go here!

San Diego Home Owners May Reduce Property Tax

Propositon 8 Helps Home Owners Who Purchased During Peak Market Periods

 

Many people are unaware of a new State Law which is called Proposition 8.  Under this new law, property owners that own homes that have fallen below their assessed value can request a temporary reduction in their tax bill. When the market value as of January 1, 2012 falls below the assessed value established by the  the Assessor’s Office,  home owners can file for an Application for Review of Assessment prior to April 30, 2012. They must complete this form and also provide data such as comparable sales, a recent appraisal and/or current market activity.  The closed sales need to be of similar properties and ideally occur between 10/1/11-3/31/12. Many neighborhoods have had a significant impact on values due to short sales and bank owned properties selling at very low prices.

The Pagnotta Team May Be Able To Help You

If you have interest in doing this we are happy to help you!  Just contact us with your address and we can send you closed sales that are most like your home! You may receive solicitations for people who will charge you for this.  A homeowner can easily complete the form and if you live in our service areas we will help you with closed sales. For further information please go to: www.sdarcc.com.

To determine your assessed value refer to your current tax bill focusing on the upper right hand corner.

It is important to note you still may disagree with the response you receive from the assessor.   At that time you can pursue your requests by filing an application with the Clerk of Assessment Appeals between July 2 and November 30.

Further information can be obtained here.

If you need our help with a list of closed sales please contact us at GBPagnotta@gmail.com

This is not intended to be tax advice. Please consult your CPA or tax professional to obtain tax advice.

 


©Copyright 2012 SANDICOR MLS. All Rights Reserved. The multiple listing data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program of the SANDICOR MLS. Real estate listings held by brokerage firms other than this one are marked with the Broker Reciprocity logo. The information contained within this page is for personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All information is deemed reliable but is not guaranteed and should be verified by personal inspection or with the appropriate professionals.The data relating to real estate properties on this website was last updated as recently as 5/19/12 4:56 PM PDT.

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