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Archive for the ‘Foreclosure’ Category

Fannie Mae REO Associate Caught Soliciting Kickbacks

Friday, April 5th, 2013

Fannie Mae logoAn Irvine based Fannie Mae REO associate was indicted on federal bribery charges late last month. Armando Granillo, 44, used to work out of the government mortgage giant’s office in Irvine, California as an REO specialist. Apparently Mr. Granillo also specialized in offering brokers listings access to Fannie Mae’s extensive portfolio of foreclosed homes for a 20% kickback off sales commissions.

Granillo approached a broker in Tucson Arizona with such an offer – unfortunately for him the Tucson realtor reported Granillo to the authorities. An elaborate sting operation was set up where Granillo flew down to Phoenix to meet the broker and receive an $11,200 payment. The entire transaction was caught on tape and Granillo was promptly arrested by federal authorities.

Audio obtained by authorities from the sting operation Granillo states that kickbacks are “a part of the business.” Granillo is currently out on bail. He faces 20 years in prison if found guilty on 3 charges of wire fraud.

BriberyAs a REO specialist for Fannie Mae, Granillo’s job was to review and approve (or deny) listing offers from real estate brokers who wanted a piece of the Fannie Mae foreclosure action. Instead of doing his job, Granillo used his position of power to solicit bribes from these brokers.

The big question that needs to be asked here is if this is an isolated case, or if it points to something rotten at the core of Fannie Mae. It’s no secret that the keys to the 24 Billion of foreclosed properties owned by Freddie Mac and Fannie Mae are in the hands of mid-level office workers like Granillo. How many of them are expected to remain totally honest gatekeepers of billions of dollars of assets and not give in to temptation?

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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San Diego Real Estate Market Update for February 22, 2013

Friday, February 22nd, 2013

The latest report from real estate tracker DataQuick paints a sunny picture for San Diego Real Estate in 2013. January’s figures show mortgage default rates in San Diego County at their lowest levels since mid-2005, and foreclosures at a six year low.

Impact of the Homeowner Bill of Rights
California Homeowner Bill of RightsA big reason for these declines is the of the Homeowner Bill of Rights, a comprehensive update to California’s mortgage regulations championed by Attorney General Kamala Harris and signed into law by Governor Jerry Brown. The bill includes provisions to stop dual tracking (a controversial procedure where banks went ahead with foreclosure against struggling homeowners in the middle of a short sale or loan modification procedure), stop robo-signing foreclosure documents and to streamlining loan modification applications to make it easier for borrowers.

Despite strenuous objections from industry groups like the California Mortgage Association, California Bankers Association and California Mortgage Bankers Association, the Homeowner Bill of Rights became law on January 1st and had an immediate effect on lowering foreclosures and mortgage defaults, although the jury is still out on long-term ramifications.

Short Sales Popular as Ever
Short sales, where the lender approves the sale of a property for lower-than-market-price and forgives the remainder of the debt, made up 25.9% of all homes sold in Southern California. San Diego short sales remain as popular as ever, as it gives borrowers the opportunity the chance to get back into solvency with minimum impact to their credit ratings, and lenders the chance of avoiding a messy, lengthy and expensive foreclosure.

National Mortgage SettlementA large part of the rise in popularity of short sales in recent months is due to the $25 billion joint state-federal settlement reached with the nation’s largest mortgage companies in February 2012. The settlement is meant to help homeowners struggling in the aftermath of the housing-collapse, and the majority of that help is coming in the form of short sales. Now is as good a time as any to get approved for a short sale, seeing as the nation’s largest mortgage servicers are obliged to help.

Tight Inventory, Seller’s Market
San Diego real estate’s lack of inventory has led to a steady increase in prices towards the end of December. The lack of inventory and rising prices have created the perfect conditions for a seller’s market in January, and many homeowners decided to sell their properties to take advantage of this sudden-price hike.

This increase in sales is reflected in January’s figures, which show a six year high in the number of homes sold for that month. Experts are already questioning whether this sudden price hike is sustainable, and if it could encourage short-term property speculators.

Cash is King!
34.9 percent of all homes sold in January were paid for in cash. Buyers are paying with cash in record numbers in San Diego and other real estate markets in Southern California. Jumbo loans, i.e. mortgages above $417,000, accounted for 21.6 percent of January’s home lending, adjustable-rate mortgages (ARMs) made up 5.8 percent while government-insured FHA loans, popular with first-time buyers, accounted for 23.5 percent of home financing options for the month of January.

Think market conditions are ripe for investing? Check out our San Diego real estate listings and contact Carlos or Alex today.

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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This almost made me puke! The filthiest bathroom in San Diego…

Wednesday, November 14th, 2012

Here’s a short video of what is probably the most disgusting bathroom in San Diego County. Once again, this is AFTER the cleanup crew were done with their initial clean-out! (For bonus-points, check out the green pool.)

Long time readers of the Team Aguilar blog will know this isn’t my first encounter with filthy bathrooms.

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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Who would like to take a bubble bath?

Friday, October 12th, 2012

First, it’s raining in San Diego. Can you believe it? I like to wear shorts and as we head into the winter months I may have to start pulling some pants out from the back of my closet. :(

So I am getting back into the swing of things here. I need to send a big THANK YOU to Carlos Aguilar, my father, for holding down the fort while I was gone. Based on conversations with other agents here in the office he was a bit stressed and as he likes to say, “up to his ass in alligators and crocodiles!” Without him it would have been very difficult to get away from the office for as long as I did.

Well I am back in full swing here trying to get the marketing all dialed in and I am also visiting various properties to get familiar with them so I know what the heck I am talking about if someone calls.

While away we received a new foreclosure assignment. Today was the first day I had the privilege of seeing this new little gem! We deal with a LOT of ugly property so it’s common to see things that make me wish I was wearing a full body rubber suit while I walk through some of these houses. This new property was lived in fairly recently. Up to about 5 months ago a neighbor told us it was occupied and this is what the bath looked like. Now you tell me, I know we all can’t live in a brand new home but even if you live in an older home wouldn’t you keep things fairly clean? I don’t understand how people can live in such filth! Slobs!

Filthy tub

Well this may be a great opportunity for the right investor or someone who is willing to put a little work into the property. I will be back in a bit with a video update of the property and you can decide for yourself if you would be willing to pay $400K for this gem. You’re probably saying $400,000 for this ugly home with an ugly bathroom? Yes, this home in San Diego, located in Point Loma is surrounded by $600-700,000 homes so $400k may be a real bargain!

Take care…

 

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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How Short Sales and Foreclosures Affect Your Credit Rating

Tuesday, August 21st, 2012

If you’re in a financial pit and weighing your options, you might want to start thinking about a short sale or foreclosure, and consider how each will impact your credit score. Ideally you would want the option that will do the least amount of damage to your credit rating.

Depending on State laws, a debtor may stay in his or her foreclosed home anywhere from four months to a year without paying anything – while this may be desirable to some, it does not necessarily make foreclosures more preferable to a short sale.

In a short sale, the home is offered up for sale and listed in a multiple listing service. Interested buyers may make appointments to see the house and most will bargain for a really low price. If you hire agents, these agents can hold open houses for prospective buyers.

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Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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Short Sale and Foreclosure: What’s the Difference?

Thursday, July 26th, 2012

Sometimes, no matter how careful we are with our money and expenses, certain things happen in life that are beyond our control. Dramatic financial fall backs caused by a disaster, a serious illness, an unexpected death, or even divorce, can force one to stop paying his/her home’s mortgage. When this happens, the property is foreclosed. Foreclosure is emotionally stressful for a lot of people because it forces them out of their home, embarrasses them, destroys their credit scores for a long period of time, and costs them even more money.

So what’s the difference between a short sale and foreclosure?

(more…)

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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Mortgage Scams Target Latinos

Wednesday, June 27th, 2012

Image Source: Flickr

The California Attorney General’s office has announced the arrest of two insurance agents on 57 counts of grand theft, elder abuse, burglary, conspiracy and securities fraud. Officials connected to the case state that two men, Edwin Salazar of Downey and Michael Zuniga of Fullerton ran a two year $1.3 million Ponzi scheme targeting Hispanic investors, many of whom were senior citizens.

Investigators from the Department of Justice and the California Department of Insurance say that the pair operated throughout Los Angeles County under the banner of Omega Investment Group. The pair found most of their potential victims through their insurance business.

The scam, which officials say lasted between January 2007 and December 2008, consisted of Salazar and Downey selling one-year promissory notes to gullible investors as a “risk-free” real estate investment. The pair guaranteed a 15 percent annual return to investors, saying their company, Omega Investment Group, had a profitable business buying and selling homes in foreclosure. They even went as far as helping some investors refinance their homes to raise the money needed to take part in the scheme.

(more…)

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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$26 Billion Foreclosure Settlement and What It Means For You

Saturday, February 18th, 2012

Many of you have already heard of the huge $26 billion settlement State and Federal governments have reached with five of the largest banks in the country. Technically this money is restitution for improper and potentially fraudulent foreclosure practices (robosigning, seizures made without proper paperwork, etc.) by these banks in the wake of the 2008 – 2011 foreclosure crisis. Most of the settlement money will be used to provide some form of restitution to homeowners who have been directly or indirectly affected by these acts.

The details of the settlement, however, are not entirely clear. Struggling homeowners will have many questions like how exactly will this money be distributed, what is the time frame of the payments and, finally, who is eligible to be compensated? We try to answer some of these questions here.

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Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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How to Get Help with Your Underwater Mortgage

Wednesday, January 4th, 2012

First, Happy New Year from everyone at Team Aguilar!

Second, unfortunately there are still a lot of homeowners who are underwater on their home but hopefully some of this information will help you.

2012 will bring little relief for the vast majority of homeowners struggling to maintain their mortgage payments. According to Hope Now, a non-profit real-estate cooperative, more than 2.6 million households across the country will start the new year two or more months behind their mortgage payments.

Catching up with your monthly mortgage payments once you’ve fallen behind, as many homeowners know firsthand, can be extremely challenging. With all the economic pressures weighing down on the average American family, maintaining regular mortgage payments is harder than ever. For most homeowners, falling behind on their mortgage payments can have far-reaching consequences like:

· Additional penalties with late charges as well as various legal and administrative fees
· Negative impact on their credit rating
· Constant emotional stress and worry
· And finally, the ever-present specter of foreclosure

If you are one of the unfortunate 2.6 million who has fallen behind, it is in your best interest to deal with this situation as quickly as possible. The longer you delay in dealing with the problem the more debt you will incur, making it even more difficult to get back on the road of financial solvency. Homeowners who are behind one or two payments can usually make a speedy recovery, but those who are more than 3 to 6 months behind will have a much tougher time getting out of the red.

There are plenty of steps, however, that a determined homeowner can take to get out of the financial hole they’re in and get back on track for complete financial recovery. Even if you are incapable of making immediate payments on what you owe, you can still meet with the lender, credit counselor or real estate mortgage specialist and discuss your options. These range from modifying the terms of your loan, drawing up a repayment plan and applying for federal homeowner’s aid or moving forward with a real estate short sale of your property.

Steps you can take for immediate relief on your overdue mortgage payments:

Real Estate Short Sale – A short sale is where the lender allows the delinquent owner to sell the home for less than the amount owed on the mortgage. Lien holders will often pursue short sales with homeowners who have lost their jobs or are otherwise suffering financial hardships and are running the risk of foreclosure. Short sales are preferable to lien holders since it gives them the opportunity to take a smaller loss upfront and avoid a much greater loss down the road with a foreclosure. It is also advantageous to homeowners struggling to keep up with their mortgage as it allows them to avoid the stigma of foreclosure, gives them the opportunity of a fresh start and (in most cases) is far less damaging to their credit rating than a foreclosure.

Repayment Plan – Repayment plans help spread out your delinquent payments, allowing you to bring your overdue accounts up to date within a specified time frame. Repayment plans will also allow part of the overdue amount to be added to your regular monthly mortgage payments. Repayment plans are most effective for homeowners who have fallen behind on a couple of monthly payments, but are committed to catching up with their regular monthly payments. It gives homeowners an achievable goal and allows them to move forward in the knowledge that their mortgage loan is secure.

Loan Modification – Modifying the terms of your mortgage loan allows you to consolidate past due interest and escrow with the unpaid principal balance and re-amortize this new amount into a new mortgage. Modifying the repayment terms of the original loan can result in more affordable monthly payments. It also has the advantage of wiping out past due payments and allowing the borrower to start fresh with his or her monthly payments.

Partial Claim on a FHA Insured Loan – This federal program grants a borrower a second, interest free loan on their delinquent FHA mortgage. This second loan cannot exceed the equivalent of 12 months of past accrued mortgage payments, and must be paid off at the same time the homeowner’s original loan is paid off.

Home Affordable Modification Program (HAMP) – A joint effort by the Departments of Treasury and Housing and Urban Development, the Home Affordable Modification Program aims to help borrowers who are most at risk of imminent default by lowering their monthly mortgage payments so it does not exceed 31 percent of their verified monthly(pre-tax) income. HAMP can essentially save eligible homeowners hundreds of dollars from the monthly mortgage bill. Several preconditions have to be met before you can apply for HAMP; it is best to contact your mortgage provider to see if you are eligible for this program.

Deed in Lieu of Foreclosure – this procedure allows the homeowner who is (a) unable to make mortgage payments and (b) unable sell the home at current market value, to voluntarily transfer legal ownership of the property to the lender. As with short sales, a Deed in Lieu of Foreclosure has the advantage of avoiding the lengthy and unpleasant process of undergoing a foreclosure and can also be less damaging to the homeowner’s credit rating. Lenders will only agree to a Deed in Lieu of Foreclosure, however, if the outstanding indebtedness of the borrower does not exceed the fair market value of the property.

These are just some of the steps homeowners struggling with their monthly mortgage payments can take to improve their financial situation. Be wary of companies offering quick fix solutions to your mortgage problems – the vast majority are scams that will promise everything, charge a hefty fee up-front and then disappear forever. San Diego residents looking for mortgage relief should contact one of our short-sale experts at Team Aguilar – we have been in business for over 30 years and are experienced in finding long-term solutions for all your mortgage problems.

Image Credit – PDPhoto.org

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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A Reminder of the Mortgage Forgiveness Debt Relief Act of 2007

Wednesday, December 14th, 2011

It’s important to remind everyone that the Mortgage Forgiveness Debt Relief Act of 2007 was extended through 2012. If you’re thinking that you may let your home go to foreclosure think again because completing a short sale may be a better option.

Originally introduced to protect homeowners who are struggling in today’s troubled housing market by providing tax relief for homeowners who had part of their debt forgiven as a result of cancellation-of-debt (COD). Essentially this bill provides debt relief for homeowners struggling with underwater mortgages or are otherwise having a hard time keeping up with their debt obligations.

Tax Implications of Debt Relief

Enacted in 2007 in Congress, the Mortgage Forgiveness Debt Relief Act was introduced to reduce the tax liability for homeowners who benefited from debt reduction in the form of loan restructuring, short sales or even foreclosure.

Prior to the passing of this Act any debt forgiven or canceled in this way was considered taxable income. Debt reduction had to be reported by both the lender and the borrower in their respective tax forms – Form 1099-C, Cancellation of Debt for the lender and Form 1040, Line 21 as other income for the borrower. Any amount forgiven would be recognized as taxable revenue by the IRS. The homeowner, in effect, would still have an obligation to the Government on assets he or she no longer possesses.

The Mortgage Forgiveness Debt Relief Act enacted in 2007 as well as subsequent state wide initiatives aim to give underwater homeowners a ‘tax holiday’ on any cancellation-of-debt (COD) income earned as a result of debt forgiveness.

A very basic example of this would be if a taxpayer defaulted on a $10,000 loan  after paying back $2,000. The lender is unable to collect the remaining debt and cancels the remaining obligation of $8,000. Normally this $8,000 would be classified as taxable income, but thanks to MFDRA of 2007 the borrower’s tax obligations on this amount would be forgiven.

Of course it is a lot more complicated in reality – The amount of forgiven mortgage debt allowed to be excluded from income tax is limited to $2 million per year. The majority of people will fall under this amount.

The various Federal and State debt obligation reduction schemes can be a confusing and baffling topic for homeowners. Good hearted legislation designed to help homeowners mired in debt can be lost in a sea of confusing legalese. If your thinking of a real estate short sale in San Diego please give us a call. In addition make sure you talk to your tax preparer and/ or a real estate attorney. Every situation is a bit different but it’s important to know what all of your options are.

Alex Aguilar

is the owner of Team Aguilar real estate in San Diego and your source for everything related to the San Diego Real Estate market. Please subscribe to his updates on Facebook.

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