6 possible do’s when foreclosure looms

1. Sell the property: If you can find a buyer before the La Jolla home is auctioned, you can sell it and keep whatever equity still exists.

2. Work out a deal: Your lender may be willing to work with you, rather than lose money at a foreclosure sale.

3. File Chapter 7 bankruptcy: If you can’t get caught up in time, you will not be able to keep the La Jolla home — but you’ll generally be able to delay the foreclosure sale a month or even several months. Any remaining debt to the lender will be wiped out.

 4. File Chapter 13 bankruptcy: If you can afford to make the future mortgage payments and the delinquent payments, too, file Chapter 13 bankruptcy. This is different from Chapter 7, in which assets are liquidated but debts are wiped clean. With Chapter 13, you keep your assets and, under court supervision, you repay your debts under a three- to five-year plan.

5. Short sale/deed in lieu of foreclosure: A short sale takes place when the bank allows you to sell your property even though their mortgage won’t be paid. Be careful — the bank may allow the sale to go through, but only on the condition that you repay the deficiency. In a deed in lieu of foreclosure, the property is signed over to the bank in exchange for the bank giving up its rights against you. Why might a bank agree to either of these? Lenders spend $30,000 or more to foreclose on a property. Most lenders will consider these options to avoid foreclosure costs.

6. Walk away from the house: Pack your things and leave. The only issue remaining is whether your lender can sue you for any deficiency still owed after the sale, and that depends on the state you live in and the type of mortgage you have. You’d be wise to speak to an attorney before taking this step.

Any sale or transfer of property has tax consequences, including a foreclosure sale or a deed in lieu of foreclosure. Seeing an accountant is probably a good idea, as well. Here are two options NOT to consider. In other words, they’re scams. 2 don’ts when foreclosure looms.

 1. Signing over your property title to another company: Some companies say that after the mortgage is current they will re-sign the property back over to you. This rarely happens. Instead, the company is likely to pull out equity, not make any mortgage payments and allow the property to be foreclosed. You will not be able to save the property from future foreclosures because the property is no longer in your name.

2. High-interest second mortgage: When a property has equity, there are companies that will give you a second mortgage, in an amount as high as 70% of the equity available. The interest rate could be as high as 18% and the fees can be exorbitant. They are hoping that you’ll blow the money and default — which allows them to take the property from you. When facing foreclosure, you have options, but you need to avoid the scams and act quickly if you want to have the best outcome. Delaying only makes foreclosure inevitable.

                          Visit ShortSellOption.com for more information on Short Sale vs. Foreclosure

   Encinitas and Poway were among the top five cities in the state with the largest increases in median home price in July, says a report by the California Association of Realtors.

Poway had the third highest increase, with the median price rising 35.5 percent to $635,000 compared to July 2009. Encinitas was up next with a price jump of 30.4 percent to $750,000.

The other cities with the large median price increases in July were Banning at 50 percent, San Bernardino at 45.7 percent rise and Colton at 30 percent.

The median price in San Diego County increased by 5.3 percent in July, rising to $335,000 from $318,000 a year ago. Other cities in the county that saw large price increases were Lemon Grove, which saw prices rise 19.5 percent to $245,000; La Mesa, where prices increased 19.4 percent to $337,250 and National City, where prices rose 19.1 percent to $202,500.

Cities in the region with the biggest drops include San Marcos, where the median price declined 22.5 percent to $314,500 and Lakeside, which saw prices decrease 12.3 percent to $237,000. La Jolla, which is technically part of the City of San Diego, recorded a decrease of 10.6 percent to $827,000 for July 2009.

Other tidbits from the report:

• Unsold inventory for existing, single-family homes in July rose to 5.8 months compared to 4 months in July of last year.

• Last month, the median number of days it took to sell a single-family home was 44.2 days compared with 39.9 days in July 2009.

Contact Newton3 Real Estate Services: (619)987-6987

 When it comes to selling a house that might sit on the market for a while, one of the best ways to attract a different breed of buyer is to appeal to those who plan to share the home with their best friends: the four-legged kind, that is.

“Pet owners are bonded to other pet owners, so it’s a real selling tool if you show that your home is good for pets,” says Alvin Newton, an San Diego Realtor. He adds that for the most part, this applies to dog owners. “Cat owners are less particular about things than dog owners, although cat owners like homes without drapes and other window treatments that cats can climb.” Almost any home can be marketed to pet owners and if you take a little extra time to highlight the pet-friendly aspects of your house, it just might sell more quickly.

On the cheap

Sprucing up your house to appeal to pet lovers doesn’t have to be expensive. Juliet Johnson of www.julietjohnsonstaging.com in Essex County, N.J., suggests sellers start by hanging a leash or two on a coat rack by the back door and placing a large jar of dog biscuits on the kitchen countertop. “Set an inexpensive dog bed at the foot of the bed in the master bedroom or in the family room, and be sure to put a dog or cat magazine on the coffee table,” she adds.

Tell your real estate agent that it’s fine for prospective buyers to bring their dogs along to scope out the property. Alvin Newton, a Realtor with Keller Williams Realty in San Diego County, Ca., suggests that sellers set out a water bowl out for a buyer’s dog. “Sellers often want to leave food for pets, however, pet owners are often brand loyal and are concerned about feeding unknown products,” she says. “The water bowl is a simple, safer option.” He adds that buyers are often impressed when sellers visibly show their love for their pets, so post pictures of the family dogs and cats along with a list of local pet shops, activities and dog parks on the refrigerator.

Pricier options

“Hands down, the best pet-friendly investment is to install an electric, invisible fence around the perimeter of your yard or a wooden fence around the property, while the newest thing is to put a pet bath in the laundry room or garage,” says Sandy Nettles, a Realtor with AgentOwned Preferred Realty in Mount Pleasant, S.C. She adds that a surefire attention-getter is a custom-built doghouse that’s a replica of the main house.

It’s equally important to hide those parts of a pet-friendly house that may initially turn even the staunchest pet lovers away. “Realtors everywhere love Febreze, so you should spritz all of the furniture and dog beds before a showing to eliminate any odors,” says Nancy Sublette, a residential interior designer in Chicago at www.nancysubletteinteriors.com. “Outside, a specially designated area with wood chips or pea gravel makes for easy cleanup. The lawn should be immaculate when you show the house. If you can’t do it, hire a pooper-scooper service.”

Contact Newton3 Real Estate Services: (619)987-6987

#1: Focus on curb appeal. Selling a home during the fall certainly comes with one advantage: The season’s beautiful foliage can automatically make your home more attractive for showings. However, you still need to do your part to keep your home looking its best. Start by sprucing up your lawn: Keep falling leaves at bay with frequent raking and patch up any brown spots in the grass.

As the trees shed their leaves, your home becomes more and more exposed, making its exterior appearance especially important. Chipped paint or dirty siding will be extra noticeable, so pressure-wash your home and repaint before showings if needed. Be sure to take care of fall-specific maintenance projects — like cleaning your gutters and downspouts — to show buyers that you’re serious about your home’s upkeep.

As a finishing touch, a few subtle fall decorations — like pumpkins, tri-colored corn or a wreath on the door — can give your home an inviting look.

#2: Appeal to the senses. As the weather cools down, make your home a warm, welcoming space where buyers will want to stick around. If you encourage them to stay awhile during showings, you give them more time to admire your home’s best features.

Nothing says fall like the pleasing aromas of apples and cinnamon. Before showing your home, burn a cinnamon-scented candle or simmer a pot of apple cider on the stove with a stick of cinnamon thrown in. If you opt for cider, leave it in a thermos with cups for buyers to enjoy. Brighten up your home by opening all the blinds to let in as much natural light as possible. Finally, emphasize comfort in your home with luxurious fabrics, like soft blankets, plush towels or a silky table cloth.

#3: Flaunt your fireplace. A warm, inviting fireplace is a great selling point as the weather gets cooler. Highlight this fall-friendly feature by arranging your furniture to make your fireplace a focal point. Place a mirror, artwork, vases or other tasteful decor on top of the mantel to make it even more prominent.

#4: Update your listing photos. If your home has been listed since spring or summer, update your online photos with brand new fall shots. Pictures from the previous season make your listing seem dated.

#5: Think like a buyer. Buyers have the mindset that fall sellers missed the boat and are desperate to unload their homes. After all, why didn’t you sell in the spring when buyers were out in full force? Fall house hunters are looking for bargains, so be prepared for lowball offers and non-serious buyers. Manage your expectations and negotiate accordingly, depending on your motivation. If you need to sell fast, be prepared to make counteroffers until you and the buyer find a price you can both live with.

#6: Hire a reliable real estate professional. As if selling your home isn’t stressful enough, you’re probably preparing for the holidays during the fall also, and possibly helping the kids ease into a new school year. During this hectic season, you definitely want a great real estate agent to take some of the pressure of selling your home off your shoulders. Newton3 Real Estate Services and Alvin Newton is a listing agent who will go above and beyond to get your home sold.

#7: Price it right. While spring is the busiest season for real estate sales, fall usually sees a small surge of buyers trying to find a bargain before the holidays. If you want to grab the attention of these deal-seeking house hunters, you need to price your home competitively — possibly lower than comparable homes in your neighborhood. Setting your listing price just right could lead to a bidding war, resulting in a higher sales price for you. Work with your listing agent to price your home correctly.

#8: Watch your timing. Put your home on the market well in advance of looking for a new home. And don’t place an offer on your next home until you have solid offers on the one you have to sell now. The last thing you want to do is juggle two mortgage payments.

#9: Beware of TMI (too much information). Buyers think fall sellers are in dire straits, so don’t do anything to add to that perceived advantage and lower your potential selling price. For instance, if you are moving due to a job transfer, it’s best not to offer up that information — at the very least, downplay the urgency. If asked about your motivation to sell, simply saying you’re ready to trade up would suffice. While you are obligated to disclose everything about the property’s condition, you aren’t obligated to disclose your personal situation.

#10: Be flexible. While fall isn’t the hardest time to sell a home, it’s not the easiest either, so be willing to work with buyers to help your chances of making a quick sale. Offer to pay for closing costs or repairs, and be adaptable when it comes to showing your home and holding open houses. While preparing for the holidays can make fall a busy season, if you really need to sell, you need to accommodate buyers’ busy schedules as well. This might mean opening your home to strangers on weeknights and weekends.

Contact Newton3 Real Estate Services: (619)987-6987

We are also currently working on our first HAFA short sales, which we expect will move quickly as well thanks to the HAFA government guidelines which require the banks to approve or reject short sale offers in no more than 10 business days.

With short sales becoming the main stream real estate sell, it is a good thing that banks like BofA have grasped this concept and are helping to move the process on as quickly as possible. Wells Fargo and Wachovia are also getting much easier to work with and getting approvals at a faster rate.

If you or someone you know are facing a foreclosure, let Newton3 Real Estate Services help through the process. Save your credit and move out on your terms not the banks.

Visit: ShortSellOption.com for more information regarding a short sale

Surely you have heard people use the names “Realtor” and “real estate agent” interchangeably. But did you know that not all agents are Realtors®? Let me explain what a Realtor® can do for you.

Both “agents” and “realtors” are licensed professionals. The term “Realtor” is a registered trademark that means the agent is a member of the National Association of Realtors (NAR). This NAR was formed in 1908 and has grown to over 1 million members.

Every year Realtors pay membership dues, which are spent well. They go towards advocating for issues that are important to the association such as marketing and economic research, helping the public understand the value of working with a realtor, helping Realtors understand their industry and improve their business and obviously supporting Realtors at the local and state levels.

Once an agent becomes a Realtor, Realtor, he or she is able to access an abundance of statistical information about markets and sales, all of which can be used to your advantage during the home buying or selling process. They can look up information in regards to your local community, and even on issues such as zoning, schools, and utilities.

Another plus to working with a Realtor? It ensures that your agent follows a code of ethics, the ones set down by the NAR itself.

NAR principles, put in easy to understand terms, are: 

• Loyalty to clients 
• Fiduciary (legal) duty to clients 
• Cooperation with competitors 
• Truthfulness in statements and advertising; and non-interference in exclusive relationships that other REALTORS® have with their clients.

Realtors have access to some of the best properties as well. Realtors love their jobs!

Q: What is a Short Sale?

Answer: In a short sale, the lender agrees to settle the debt owed on the property for less than the full amount. “Settled” means that the lender is writing off the debt (which is why you get a 1099 after a short sale for the amount of debt forgiven) and that they are not going to go after you for the money they lost by filing a deficiency judgment in the future.

Q: How will I know if I will qualify for a short sale?

Answer: Call our office and we can tell you over the phone whether you will likely qualify. We have former underwriters from major national lenders who work in our office on our short sale team. The overwhelming majority of our clients are approved for a short sale because 1) we know how to submit the short sale package in such a way that the lenders will approve them and 2) we have a tremendous amount of experience with short sales and negotiating with the lenders.

Q: How will a short sale affect my credit?

Answer: This is a great question as there is a lot of misinformation on the internet about this topic. A short sale is recorded on your credit report as “debt settled for less than the amount owed”. This typically will result in a relatively minor hit on your credit compared to a foreclosure or late payments on your mortgage. I say ‘”typically” because it affects everyone’s credit differently. The more established your credit, the less of an impact it will have on your score.

The reason you often hear and read that a short sale will drop your credit 100 points or more, is that, many people, when they do a short sale, stop making their mortgage payments. If you stop making your mortgage payments for 4 months, regardless of whether you do a short sale or not, 4 months of missed mortgage payments will have a significant negative impact on your credit. In other words, it is the missed mortgage payments that have the big impact on your credit, not the short sale itself.

With this said, if you are already behind on your payments, you have already incurred the majority of the hit that a short sale will have on your credit. Doing a successful short sale at this point will insure that your debt is settled with your lender.

If you are current on your payments and can stay current throughout the short sale process, you will save your credit to a large extent.

Finally, if you do stop making your mortgage payments, there are various credit repair agencies that can repair your credit by removing late payments from your credit report after a short sale.

Q: Will I have to pay federal taxes on the money my lender loses in the short sale?

Answer: There are several different scenarios with regard to whether or not you will owe federal income taxes on the loss the lender takes in a short sale.

When you do a short sale, your lender is agreeing to settle the debt on the property for less than the amount they are owed. The IRS therefore allows them to write off this loss, which is why your lender will send you a 1099-C after the short sale.

The IRS considers “debt relief” to be income for tax purposes. In other words, if your lender writes off $50,000 on your short sale, they will send you a 1099-C for that amount, and you would include that when you file your income taxes. The “C” stands for “Cancellation of Debt” and the law says cancelled debt is taxable as income.

There are however a few exceptions that most people who do a short sale qualify for that exclude them from having to pay taxes on their short sale.

Thanks to the Mortgage Tax Debt Relief Act that George W. Bush signed into law in January of 2008, homeowners who do a short sale on their primary residence, and have a purchase money loan (in other words, they have not pulled cash out of their home with a cash-out refinance) pay no taxes on the loss that their lender incurs in a short sale.

Homeowners who have pulled out cash from their home but have put that money back into their home to “substantially improve” their home, also are excluded from taxes on the short sale.

All other short sale scenarios – if you pulled cash out on your primary residence but spent it something other than upgrading your home or if you are doing a short sale on a second home or investment property – result in a taxable event unless you qualify for the “Insolvency” exclusion.

The IRS does not require you to pay taxes on the loss the lender takes in a short sale if, at the time of the short sale, you are insolvent. Insolvency means your debts (including your mortgage) exceed the value of all your assets. In other words, if, at the time of the short sale, you have more debt than you do money or assets, you are considered insolvent.

Many people who find themselves facing a short sale are in exactly this situation and are thus excluded from paying taxes on a short sale. We recommend you check with your CPA or accountant or go to the IRS website and look up IRS Form 982, which is the IRS form for debt relief and short sales. The IRS gives an explanation of “Insolvency” on this form.

Finally, the time period for The Mortgage Tax Debt Relief Act was originally only slated to go until the end of 2008, however it has now been extended to the end of 2012.

Q: Will I have to pay CA state taxes on the money my lender loses in the short sale?

Answer: California has passed its own version of the federal Mortgage Tax Debt Relief Act. It is Senate Bill 1055, which conforms to the federal law described in detail above, but applies to California state income taxes on a short sale.

There are differences between the state and federal law. For example, the term of the California law was only until the end of 2008. As of Jan 2009, this law is no longer in effect.

However, CA Revenue & Taxation Code Section 17131 provides that, unless there is some specific California statute to the contrary, California law tracks federal law on what income is excluded from taxation. Since there is currently no specific California law on this issue, short sales do not produce taxable income under California law as long as the Federal Mortgage Tax Debt Forgiveness Act is in effect (until the end of 2012).

With this said, we recommend you review your specific tax scenario with your CPA or accountant and have them answer any tax questions that you have. We are not tax advisors and do not dispense tax advice.

Q: Can my lender go after me for the money it loses in the short sale?

Answer: The point of a short sale is to get out from under the debt of the mortgage. This is why your lender will send you a 1099-C after the short sale. The “C” in “1099-C” stands for “Cancellation of Debt.” Your lender cannot write off their loss on their corporate taxes, send you a 1099-C so you have to pay taxes on the loss, report the short sale as a “settled debt” on your credit and then turn around and go after you for the money.

If you hire and inexperienced short sale agent or negotiator who does not negotiate a full release from your lender, then, yes, you could be liable for the money the lender loses in a short sale or end up being forced to sign a promissory note to close the deal.

We do not ever recommend that our clients sign a promissory note or close escrow without a full written release from their lender(s).

Q: What if I have a first and a second loan on my property with 2 different lenders (or the same lender)?

Answer: Most people that we do short sales for have a first and a second loan, often with 2 different lenders. For the short sale to reach a successful close of escrow, both lenders have to approve the short sale and agree to settle the debt.

It is important to note that both lenders have a vested interest in doing this. The lender with the first loan does not want to foreclose, and therefore is willing to give a little money to the second in order to get them to agree to the short sale.

The second lender will get nothing if the first forecloses, so with the attitude that something is better than nothing, they will agree to take a fraction of what they are owed in order to avoid getting absolutely nothing.

Q: What is the difference between a recourse and a non recourse loan?

Answer: In general, a purchase money loan is considered to be a “non recourse” loan, while a “cash out” loan is considered to be a “recourse” loan.

The difference between these two loans is that in a “recourse loan” the lender technically has recourse to go after the borrower for the money they lose in a foreclosure. I say “technically” because, for this to happen, the lender has to file a judicial foreclosure, which is rarely done in California.

The overwhelming majority of foreclosures in California are “non-judicial” foreclosures, where the property is sold at a trustee sale.

Q: How will I know that I am being released from the debt?

Answer: It will be stated clearly on the bank’s short sale approval. Your lender will state in plain English (though in different verbiage depending on the lender) that they are “releasing the lien”, “accepting a short payoff to satisfy the lien”, “reporting the sale as a settled debt to the reporting agencies”, “issuing a full satisfaction of the mortgage”, “not pursuing a deficiency judgment”, or some other variation that states they are settling the debt for less than what they were owed.

Further, your bank will issue a 1099-C to you, the borrower, after the short sale, confirming that the debt has been written off and is settled. Your lender cannot write off the debt, issue you a 1099-C & then go after you for the deficiency.

Q: What are the advantages of a short sale vs. letting my home go to foreclosure?

Answer: The primary advantage to doing a short sale vs. walking away and letting your home go to foreclosure is that in a short sale the debt is settled and you no longer owe the bank any money. If your home goes to foreclosure, you may still be liable for the deficiency in the event that the bank files a judicial foreclosure.

A secondary (but still very important) advantage is that in a short sale, your credit takes much less of a hit compared to a foreclosure. The impact on your credit will vary depending on how established your credit is at the time of the short sale or foreclosure.

Finally, Fannie Mae & Freddie Mac revised their guidelines in August of 2008 with regard to how they view borrowers who have filed bankruptcy, gone through foreclosure or done a short sale. Through these new guidelines, they are in effect severely penalizing those who go the route of foreclosure or bankruptcy, and rewarding or encouraging those who do short sales, which they view as the borrower doing the responsible thing in light of the circumstances.

Per recent Fannie Mae / Freddie Mac guidelines, borrowers who file bankruptcy or go through foreclosure have to wait up to 7 years to buy another home.

By contrast, the new guidelines stipulate only a 24 month waiting period after a short sale, so borrowers who do a short sale can buy again in just 2 years.

Q: Are there any advantages to letting my home go to foreclosure vs. doing a short sale?

Answer: I have yet to hear a coherent argument for letting your home go to foreclosure vs. doing a successful short sale. Depending on whether you have a recourse or non-recourse loan, when you let your home go to foreclosure you either run the risk of being liable for the deficiency amount or liable for the income taxes on that loss.

Secondly, your credit will drop up to 400 points and you will not be able to buy a home or get any decent credit for up to 7 years.

Compare this with a short sale, in which the lender agrees to SETTLE the debt for less than the amount owed. If you have recourse loan, you may be liable for income taxes on the lender’s loss (just as in a foreclosure) but you will not be liable for the deficiency (and if you qualify for the “Insolvency” exclusion, you will avoid the income taxes as well).

Further, the loss that the lender takes in a short sale will be MUCH LESS than the loss the lender takes at the end of the foreclosure process. The foreclosure process takes months & months, at the end of which the lender has to process the property through its overwhelmed system (another 3 -5 months) and then put the property back on the market, all while the market continues to drop.

Finally, the impact on your credit from a short sale will be significantly less than with a foreclosure and you will be able to buy again within 2 years, compared to up to a 7 year waiting period to buy a home after a foreclosure.

Q: How much will a short sale cost me?

Answer: A short sale costs the seller nothing – the lender pays all closing costs, escrow fees, commissions etc. The lender may also pay any outstanding property taxes.

Q: How long will a short sale take?

Answer: The short sale process typically takes about 4 months, start to finish. It can take longer depending on how backlogged the lender is. You can live in the property for the entire duration of the short sale or you can move out whenever you wish.

Q: Do I need to be behind on my payments to do a short sale?

Answer: No. This is a common misconception. You do not need to be behind on your payments or have been late on a payment to do a short sale although the lenders are more motivated to do the short sale if you are not making payments.

Q: Do I need to hire an attorney to do a short sale?

Answer: It is our belief that you will be best represented in a short sale by a competent, experienced real estate agent who works every day in the real estate business, will market your property aggressively in order to attract buyers, and who is experienced at doing short sales and negotiating with lenders. In our view, an “experienced short sale agent” is one who has done at least 50 successful short sales in this downturn cycle (i.e. since 2006).

If you have questions about the tax implications of a short sale, we recommend you seek the advice of a qualified CPA or tax accountant.

If you want to explore filing bankruptcy, we recommend you seek the advice of a competent bankruptcy attorney. Call our office – we can recommend several.

With this said, a word of caution. Many attorneys seem to be preying on the fear and desperation of people facing foreclosure. Their websites use scare tactics to make people think that they would be crazy to do a short sale without first hiring an attorney, that attorneys are the only ones qualified to interpret a short sale approval, and that hiring an attorney is a normal and accepted part of doing a short sale, like hiring an attorney for divorce proceedings.

The bottom line is that this is just not the case. The overwhelming majority of short sales are conducted by real estate brokers who are experienced at negotiating with the lenders and charge NO UPFRONT FEES for their services.

Finally, many of these attorneys do not even negotiate the short sales themselves, and instead subcontract out all of the short sale negotiations. In our opinion, these short sale negotiation companies (known in the industry as “short sale mills”) are absolutely the wrong entities to entrust with the negotiation of your short sale. See the following FAQ.

Q: I found an attorney’s short sale website that talks about a new law in California that, as of July 1 2009, supposedly limits negotiating short sales to attorneys ONLY. It says that from July 1 on, all short sales have to be negotiated by attorneys and not realtors. Is this true?

Answer: No. There has been a good deal of misinformation put out of late regarding this law by attorneys looking to get into the short sale business. We recommend you be very wary of any attorney trying to distort or interpret the law for his or her advantage.

The California Foreclosure Consultant Act (July 1 2009) applies to foreclosure consultants – those who collect an advance fee for modifying loans or helping borrowers avoid foreclosure in situations where a Notice of Default has been filed on the property. This Act has an exclusion in it for licensed real estate agents.

Per CA Civic Code and the CA Assoc of Realtors, The California Foreclosure Consultant Act does not apply to real estate agents facilitating a short sale except in the extremely unusual event that an agent is 1) Making a direct loan for a residence in foreclosure, 2) Acquiring an interest in a residence in foreclosure, 3) Receiving an advance fee before performing services for a residence in foreclosure, or 4) Assisting an owner in obtaining the remaining proceeds if any from a foreclosure sale of an owner’s residence.

That’s it. 99% of the short sales in CA have always been, and continue to be, negotiated and completed by licensed Realtors, not attorneys.

Q: Who will be negotiating my short sale with the bank? Do you do this in your office or do you sub it out to an outside company?

Answer: Our short sale team consists of nine professional staff members here in our San Diego office. You are welcome to come in and meet with us in our office, meet our team and get a first hand look at our systems. Among our staff are 3 former underwriters from major national lenders. We have negotiated 100’s of successful short sales and handle every aspect of the short sale process ourselves. We do not farm any part of the negotiations out to an outside company and recommend you be extremely skeptical of any agent or attorney who uses an outside company to handle their short sale negotiations.

Real estate agents & bankruptcy attorneys are solicited on a daily basis by the many “short sale negotiation” companies that have sprung up on the web over the past couple of years. For the agents or attorneys that use these companies, it’s a very attractive set up: they just take the listing and refer the file out to the negotiation company, and wait to see what happens.

The agent has invested almost no time or effort into the deal, so if it closes, great, they pay a referral fee to the negotiator and keep the rest of the commission. If the negotiator tells them they couldn’t get an approval, or that the bank wants an unreasonable amount of money for the property, or the bank wants the seller to sign a promissory note, well, the agent has invested almost no time or money into the deal, so…who’s next?

Q: Should I file bankruptcy? Will it allow me to keep my home? I’ve heard the lender cannot foreclose if I file bankruptcy.

Answer: There are 2 types of bankruptcy commonly used by individuals – Chapter 7 (“Fresh Start”) and Chapter 13 (“Wage Earner”). Chapter 7 can enable individual filers to wipe away debts such as credit card and medical bills so they can continue to make their mortgage payments.

Chapter 13 involves setting up a 3-5 year repayment plan to repay your debts. Chapter 13 requires that you are earning a steady income, as you will be repaying all of your debt. Both have a very negative impact on your credit and remain on your credit report for 10 years.

Because of the new 2005 bankruptcy law, which raised the bar for people to qualify for Chapter 7 “fresh start” bankruptcy proceedings, fewer and fewer people pass the “means” test to qualify for Chapter 7 and for this reason can only qualify for Chapter 13 bankruptcy (a 3-5 year repayment plan).

While both Chapter 7 and Chapter 13 can temporarily delay foreclosure proceedings, neither will allow you to keep your home unless you can bring your mortgage current.

If you would like more information on whether a bankruptcy is right for you, we recommend you consult a competent bankruptcy attorney, as we are not attorneys and do not dispense legal advice. Call our office – we can recommend several.

Q: Can any agent do a short sale?

Answer: Absolutely not. Many agents have no interest in doing short sales because they require a tremendous amount of time and expertise, and if you do not know what you are doing, they often go to foreclosure and then the agent does not get paid. If an agent is not extremely experienced at doing short sales – in other words they have done at least 50 of them successfully in the past 2 years – then I would not use them.

Lest you think I am simply trying to toot my own horn, this site gets visitors from all over the country. In every market, there are agents who specialize in short sales and have a team of staff members assembled to work on them, and then there are agents who are inexperienced at short sales and just recently started trying to do them, learning as they go, because they’ve realized they have no choice due to the state of current market.

You get one shot at doing a short sale – if your agent does not know what they are doing and has not learned the many tricks to the trade, you will likely find yourself being asked to sign a promissory note or worse, be denied by your lender or lenders and go to foreclosure.

In other words, let the inexperienced agents and/or attorneys learn the short sale process on someone else’s property – as the saying goes, don’t allow yourself to be one of the surgeon’s first patients.

Q: Why should I use Newton3 Real Estate Services?

Answer: To put it bluntly, because, 1) I believe we will do the most effective job at marketing your property (remember, we have to generate offers from qualified buyers & sell your property) and 2) I believe that we are the most experienced and the most effective short sale negotiators in San Diego County.

Call us today to discuss your unique situation or simply fill out the form below.
 

Grimy bathroom walls are a major red flag to buyers.

Here is an easy way to get rid of surface mold: Mix a spray bottle with one part water and one part bleach. Just spray it on the wall, and watch the mold disappear. Give it a fresh coat of paint, and your grimy bathroom will go from red flag to red-hot.

Don’t replace a yucky shower door: Just scour it.

A grimy glass shower door can really wash out your sale. Instead of replacing it, clean it with a mixture of one part muriatic acid and about 10 parts water. Scrub with steel wool. After wiping it down, reinstall the door and you’ll have a shower that’ll help you clean up at the open house.

Avoid dated tile by painting.

Bathrooms sell houses, but dated tile in a bathroom doesn’t. A low-cost alternative to replacing the tile is to use paint. First coat the tiles with a high-adhesion primer. Next, brush on a special ceramic epoxy covering. For a fraction of the cost of new tile, you will have an up-to-date bathroom that brings in big bucks.

Pedestal sinks are a big hit with buyers.

They show off square footage in small bathrooms beautifully. First, your old vanity has to go. Next, just hook up your new sink, and your bathroom will have dramatic appeal that brings in big bucks. Plus, buyers will see how much floor space your bathroom has.

A master bedroom should appeal to both sexes.

When you are selling, your master bedroom should appeal to buyers of both sexes. Get rid of features that seem too gender-specific. Paint the walls a neutral color, and choose bedding that matches. Then accessorize with items that complement the overall color scheme.

Do you have an overpowering brick fireplace that sticks out like a sore thumb?

Here’s an easy way to tone it down with paint. Use a rag or brush to rub a light coat of paint on the bricks, one at a time. This will give them a new tone without covering them completely. And, if you use a paint color that matches the walls, your fireplace will go from sticking out to standing out.

Updating an old fireplace screen is a cheap (and quick) fix.

After removing the screen and wiping it down to get rid of the dust, mask off the windows so you won’t get paint on them. Then, using a can of heat-resistant spray paint, give the screen a facelift. Hold the can about 18 inches away, and use long, even strokes. For less than $5, you will have a fireplace screen that’ll keep your sale from going up in smoke.

Turn an unattractive fireplace into a selling feature.

Need to turn an unattractive fireplace into a selling feature? First, that dated brass screen has got to go. Next, give the fireplace a good cleaning, scrubbing it with soap and water. Then, using a stone color enhancer, polish the bricks to make them shine. In no time you will have a fireplace that will turn your house into the hottest property on the block.

Stain dated kitchen cabinets instead of replacing them.

Dated kitchen cabinets can be a big turnoff to potential buyers. Instead of paying big bucks to replace them, just stain them. First, apply the stain in even strokes, going with the grain of the wood. Add some stylish hardware, and your kitchen will have the up-to-date look that buyers love, for less than $200.

Stainless-steel appliances are definitely in with buyers.

Instead of buying a new dishwasher, here is a low-cost way to resurface an old one: First, remove the front panels, and clean them. Next, apply a stainless-steel stick-on covering, and cut it to size. For just $20 your dishwasher will go from outdated to ultra-modern.

Fill existing hardware holes instead of making new, unsightly ones.

Removing old kitchen hardware can leave your cabinets with stripped-out holes. Here is a trick to reusing the existing ones.
First, dip a toothpick in glue and place it in the stripped hole. Cut off the excess piece. Once the glue dries, you’ll be ready to put in the hardware that buyers love.

Save money on granite countertops.

Granite countertops are a huge selling feature, but they can be expensive. Here are a few ways to save on this investment:
First, do the demo yourself. Also, ask the vendor for remnants from previous projects. Remember, any money you spend will definitely be returned in the value these beautiful counters add to your kitchen.

New kitchen appliances bring high returns from sellers.

Studies show that new kitchen appliances bring high returns from sellers, so get rid of old appliances that make the rest of the kitchen look dated. Once you install the new equipment, it will scream “new kitchen,” and you will see that spending a little money will make you even more.

Need to dress up a window but don’t want to shell out big bucks for window treatments?

Here’s a trick: Use place mats. First, apply a hook-and-loop fastener to the place mats and attach them in a row to a basic curtain rod. Now that the place mats are attached to the curtain rods, pin them together at the bottom, and you’ll have a stylish valance that costs about $12.

Adding drama to old hardwood flooring is easier than you might think.

First, isolate damaged boards, cut them out and replace them with new pieces. Rent a sander from a local hardware store, and give the floor a good sanding. The last step is to stain the boards with a rich color, and watch your floor go from drab to dramatic in no time.

Buyers love built-in bookshelves.

There’s a fine line between filling them with clutter and staging them to sell. The trick is to arrange neutral items in clusters. Make sure that no single accessory stands out too much. That way, you’ll show off your attractive built-ins, and not your personal belongings.

Curb appeal is vital to attracting buyers.

Here is how to stop traffic using color. First, with two tones of paint, add a faux finish to any corner keystones. Next, bring out the color of walkway pavers using a stone sealer. Plant flowers in bloom, and you’ll have buyers swarming like bees to your front door.

A nice outdoor deck can be a big selling feature, but an old one is a major liability.

To give your outdoor space new life, first sand the wood. Cover it with a light-colored stain instead of paint to give it a rustic, grainy look. Furnish it for entertaining, and watch your open house turn into a party.

Breathe new life into a worn patio.

Do you have a red-brick patio surface that needs to be freshened up? Here is an easy way to give it new life with paint. First, roll a light coat of paint onto the bricks. Next, lightly spray them with water and then dab them before they dry to give them an outdoor look. When you are done, you will have a patio that looks fresh and reels in buyers.

Staging rooms to show off their true potential is essential when selling your home.

Clear out clutter or other personal items that will distract buyers. Paint the walls a neutral tone, and furnish the space to show off how functional it is. When buyers come through and imagine themselves there, you can bet an offer isn’t far behind.

A shabby wood-panel wall is not a strong selling point.

Instead of ripping it out, cover it up. Use wood filler to carefully fill in all the cracks between the panels. Then, use a sponge to wipe away the excess filler. Once it’s dry, paint the room. You’ll see an unattractive wall go from standing out to blending in.

Use tape outlines on the floor instead of actually moving furniture around.

Rearranging a room to stage it for your open house? Here is a tip to save time and effort: Instead of lugging the heavy furniture around the room to see what feels best, put outlines on the floor with painter’s tape. Arrange the room according to your outlines, and save your energy for counting offers.

Vinyl tile is an inexpensive way to update your home.

Laying vinyl tile is an inexpensive way to update your home, but there’s a right way and a wrong way to do it. You need to avoid laying patterns that look too perfect. Instead, make sure to switch up the direction and placement of the tiles to mix the tones. That way, you end up with a floor that has a natural feel.

Let the sun shine in.

Buyers love light and airy living rooms, but dark and dingy isn’t on their list. Open up your window shades to let some light in. Cheat some sunshine with a light-colored paint and lots of artificial lighting. You can never have too many lamps. Last, arrange the space with lightly colored furniture, and you’ll have a living room that brightens your chances of a sale.

Stage rooms with one purpose so buyers will know what it is.

Potential buyers are confused by extra rooms that have a mishmash of uses. To avoid this problem, first clear away clutter and excess furniture. Paint the walls a neutral tone and then furnish the room with a desk to stage it as a home office in which buyers will want to get down to business.

Unpleasant pet odors won’t win over buyers.

We all love our pets, but unpleasant pet odors can make a negative first impression. Be sure to get rid of old carpet that can trap offensive smells. Replace it with fresh new carpet in a neutral color. Plus, if you paint the walls to match, your living room will look bigger. It’ll go from designed to smell to designed to sell.

Pack up unnecessary items and furniture before you show the house.

An overpacked living room is a red flag to buyers that your home lacks storage space. Pack up unneccesary items and furniture, and move items to your garage or a nearby storage facility. Clear the way for a sale by letting buyers see your square footage, not your personal belongings.

Storage space sells!

Potential buyers love homes that have lots of storage space. Since they will open your closets, it’s a good idea to clear out unnecessary clutter, and organize your shelves to show off how much storage you really have. Plus, it gives you a chance to start packing, as you will definitely be moving once buyers see all that closet space.

Create a nice flow in your rooms.

Buyers are attracted to homes that have a good flow. You can create circulation by replacing square or rectangular dining tables with round ones. Cutting the corners adds room to this maneuver and creates a spinoff effect that adds flow to your home — cash flow, that is.

Create a better flow in the house by starting with the floor.

Want to create better flow in your house? Start with the floor. Join two rooms together by using the most cost-efficient material in the book: vinyl tile. First, use a snap-line to create a center point between the two rooms. Next, the fun part: Peel and stick the new vinyl tile down, and watch your kitchen and dining room go from old to sold!