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Is it illegal for title companies to force a buyer to close with them on a short sale transaction?

Sunday, July 13th, 2008

In my time I’ve written a few articles about short sales.

I’ve also read lots of others that people in the industry have written. Most of them talk about the process and the time frame it might take to complete the transaction…..the sorrows…the relief and finally the unknown. THE ANSWER.

This is on another subject. As you know the majority in my area would say that most of the properties on the market are short sales. When I go into our local MLS I’ve noticed a few of these remarks such as ….”the buyer is required to use XXX title as the closing agent in this transaction”….or “The buyer must use XXX Title as the closing agent in this transaction.”

Now I know that if you have less cooks in the pot your chances are the recipe will come out good but I wonder if they still should have the choice and or not.

I’m also aware that anyone who practices Real Estate in another state might have different rules or laws so they might vary.

Now I’ve completed a few them where that was the case. Let’s forget about how it was interpreted  but is it illegal to do that or can the buyer legally use their own title company while an attorney for the sellers just negotiate the short sale?

I never really thought about it but now that it seems more common. I guess our MLS doesn’t mind it because it hasn’t been changed.

I’m not sure what the answer is because I can’t find anything that says it’s legal or illegal.

I’d like to hear any feedback on this.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

nealb63@myacc.net

www.Neal-Bloom.com  

RE/MAX Agent in Weston FL

Saturday, July 5th, 2008

Neal Bloom-CRS     RE/MAX Agent in Weston FL

Neal Bloom-Realtor ® Assoc.-Weston Florida  Neal Bloom-CRS copyright 2008

Ethics
Every CRS designee is required to maintain membership in the National Association of Realtors® and to abide by its strict subheader of Ethics.

Technology Expertise
The training available to CRS designees includes a strong focus on technology and its applications in the real estate business.

The Top 4 Percent
Less than 4 percent of all licensed Realtors® are Certified Residential Specialists.

Whether you’re an experienced seller or homebuyer, or shopping for your first home,or selling your first home,
I will help make your experience the best it can be. My customer-focused approach has worked to help my clients throughout the area!

As your trusted, professional real estate partner,Together we will sell your current home as quickly and easily as possible.
I will help you find the best home in your area within your price range.
I hope that you’ll take a few minutes to look over my site, review my listings, and learn a little bit about the top-drawer treatment you’ll get from me!

A Licensed Realtor® with over 12 years of selling Real Estate..my clients put their trust in me to point them in the right direction. Whether you’re an experienced seller or homebuyer, or shopping for your first home,or selling your first home, I will help make your experience the best it can be. My customer-focused approach has worked to help my clients throughout the area! As your trusted, professional real estate partner.

Together we will sell your current home as quickly and easily as possible. I will help you find the best home in your area within your price range. I hope that you’ll take a few minutes to look over my site, review my listings, and learn a little bit about the top-drawer treatment you’ll get from me! What do I know….I’m just a Realtor®
Check out my blog Weston Florida Real Estate-The Real Deal tells it like it is in Real Estate

 Remax Real Estate Weston Florida                                                     Activerain Weston Florida Real Estate

Member of the National Association of Realtors

Member of the South Broward Board of Realtors  

 Areas of Expertise

I SERVE ALL AREAS OF WESTON ,PEMBROKE PINES,DAVIE, COOPER CITY, PLANTATION,SUNRISE,FT.LAUDERDALE,DEERFIELD BEACH ,BROWARD COUNTY  DADE AND PALM BEACH COUNTIES.

I CAN HELP YOU FIND THE CITY YOU WANT TO LIVE IN……….ALL YOU HAVE TO DO IS PICK UP THE PHNE OR EMAIL ME AND I’LL BE HAPPY TO HELP YOU.

WE ALSO WORK WITH INVESTORS AS WE BUY AND SELL PROPERTIES OURSELVES, WE ALSO SPECIALIZE IN LAND LEASES,EASEMENTS,LAND,COMMERCIAL.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

www.Neal-Bloom.com

What’s the Real Value of your home today?

Friday, July 4th, 2008

I’m looking at all the properties on the market right now in my area of FL and I keep wondering when changes will come…not anytime soon.

I don’t need to keep reading how the media interprets whats going on in the Real Estate market. I already know what’s going on. I’m a Realtor®….I better know whats going on or I might as well just get out of the business.

I’m primarily a listing agent so my job can be very difficult these days. I remember when taking a listing was easy. You take it and it virtually was sold overnight. It didn’t matter what the size was or what the condition was or even where it was located.

Now when I go on listing appointments I’m finding it even harder in some areas to pin point the actual value of the property. I find myself turning down more and more listings because I refuse to waste my time and a sellers time with false promises. CMA’s can be difficult to prepare in a neighborhood that hasn’t had a few sales let alone one in the last 2 years. I’m even finding myself using a few more pending sales just so I have something to show them that justifies today’s value.

I will start off by only going back over the last 90 days. It makes no sense to go back further but sometimes I’m forced to look back 180 days because I simply can’t find anything to support the sellers premise of value. Even 180 days back you still might not have anything to support your findings and that makes my job even harder.

I took a condo listing from a referral my partner had….the seller wanted it listed at $239K. At that time I told the seller that according to my figures it was only worth $185K. They refused to “give it a way” and that’s their prerogative but it’s still listed today and has been repositioned in the market at….you guessed it…$185K. Here is the problem…we have only had two showings in total and now the properties value should be at $150K. So what happened? They just wasted almost two years and they finally gave but now that price point no longer exists.

Right now in my area there is about a 5 yr supply of condo’s/townhomes and about a 2-3 year supply of single family homes available. Those figure just tell me how many sellers are waiting on line to sell.

So how can you justify today’s value? In most places you simply can’t. When your market is flooded with over 40,000 homes just in one county the consumer is looking to see how much they can get for their home but it seems they are generally looking at how much the homes in their area are selling for and not what they sold for. Many times I will walk into a listing appointment and before I can pull out any information to justify the value…the seller throws a number at me that is not even close to what I think the homes is worth today. I will usually inquire how they came to that number and I get the same story most of the time. The consumer usually doesn’t look at closed sales over the last 90 days. They are looking at asking prices but what your asking doesn’t tell us what your really going to get.

I’ve seen homes asking $750K that ended up selling in the end for $400K. So how can you justify the first price point if it ends up selling for $350K less? Another problem is you list to sell ratios….if that example above were to sell the ratio would reduce the neighborhoods values even more when the next home goes on the market.

The house down the block is not as nice as ours so I think it’s worth X. They don’t realize that most homes that are sold will require some sort of financing and if it doesn’t appraise then they just wasted their time.

It doesn’t matter what I think it’s worth…..it’s what the buyers and sellers are negotiating in todays market place. Even if I say that X is what your value is they still don’t realize that this is today but in 30-90 days from now it probably will be worth less in this market so catching up to the market is a bigger problem right now. By the time it hits the market….5 others come on for less or a few might close for less.

Right now I’m only looking to get some warm bodies to want to see these properties. If you aren’t receiving a call to see it then most likely it’s on Pluto. I have properties that I have listed right now at really reasonable market values that aren’t getting much activity.

These are just a few things that could be happening :

  • Not many buyers looking in that price range
  • buyers in that price range simply aren’t qualified for loans
  • buyers are reluctant to purchase a home with less than 20% down in case they lose even more equity in the home
  • Sellers still can’t accept the fact that they most certainly won’t get their price no mater whay we do.
  • Banks aren’t lending money unless strict guidelines are met on these specific properties
  • Too many others that are simular or are bigger for the same price.
  • Buyers are still wating for a better deal
  • Buyers are spending a lot more time looking before pulling the trigger.

Price per square foot just isn’t working in my area. If you look back during the Real Estate boom…you’ll find that most buyers didn’t care about that formula but they still couldn’t figure out how two of the same exact homes were selling at such a different spread. So how can you justify it today? You can’t. It was a domino effect. When one house would sell without the contingency of the appraisal then the next house can sell for the same or even more. So every time another home sold for more…the neighbor would try to get even more thus we have ourselves an inflated market….now the same thing is happening in reverse.

How about all the builders who were selling new homes and the price per square foot just didn’t make sense. How did all these homes appraise? What about all the speculators who bought a year ago only to find out that they can’t even sell the home after it close with the builder because the builder valued it too high and the buyer is stuck with it?

Today’s value are kind of like the saying…ok so now what have you done for me lately.

How many times have your clients called you and asked you you when is the market going to change or whats going to happen to the values. Are they going to still decrease or are they going to increase or are they going to level off? If I could give everyone the rigbht answer I’d be a millionaire.

Market correction takes time and there is simply no way to pinpoint the exact time it will take. Remember people were saying the bubble would burst for 5 years and so now it did. Well when will the bubble grow again…there is no way to tell how long or even if we will ever see the market we saw 5 years ago.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

www.Neal-Bloom.com

Short Sales and loss mitigation departments. Are they all on the same page?

Saturday, June 28th, 2008

There are many different opinions on how to do a short sale.

Some people say they take an average of 90-180 days….some took 8 months and some have close in 50 days. I have been lucky to have closed my most recent one about 4 months ago in 47 days! WOW!

It really all depends on the lender….how many mortgages the borrower has….are they two different banks or are they the same bank and the buyer is approved by the same lender…how upside down they are and of course the worst part is having to call them once a week just to see if they lost the 50 pages of paperwork you sent them. But it really all depends on the situation so anything is possible in a short sale.

You might even get a person who just got back from a relaxing vacation and decided to make it easier on the borrower because they were in a good mood. Who really knows. I would love to interview someone in the loss mitigation department just to get a day in the life of story…that would be interesting to hear what they have to say.

No matter how you slice it there will always be different views regarding the process…the success rate and how long the dilemma will last before the banks give you some answers.

I bet if you asked most Realtors® that are still in the business today if they’ve ever completed or even attempted a short sale…most will tell you they’ve experienced it one way or another. Some will tell you that their clients weren’t patient enough to wait it out and end up moving on to something else and even might switch agents in hopes of finding an easier deal to do. Then there are the ones who have successfully closed on some without too many issues.

Most of the issues come up early on during the process. Even though the listing agent is required to disclose the short sale process in the remarks section in the MLS.

MOST REALTORS® DO NOT READ! And that is why most deals fail.

When I list a property as a short sale I usually speak to the agent just to make sure we are on the same page. Most of them like to brag how they know it all yet their clients back out too early because they don’t disclose the basic process to them so they never make it past the first 30 days and most of these deals die within the first 30 days. I have been very lucky to have been able to successfully close them with and without an attorney.

I remember back in 2002 when I had this client who listed their property with me….not knowing they were going to be up side down when they sold. I didn’t even know what a short sale was. I would always have closings where the clients were receiving money and now I was faced with my first one where they were going to have to bring it. This situation was long ago so I didn’t even know what in the word a short sale was back then and I bet you if you ask the same agents now …..most wouldn’t have known what one was either. I had no idea of the process. Short sales weren’t as popular back then as they were in the 1980’s.

Well today they are just part of the wonderful world of the Real Estate Transaction.

Now back to the general process. I’m not going to go far into detail on how to fill out the paperwork so I’d rather skip that part since there have been many other articles written on it. This post is more tailored to the anguish of waiting for the unknown.

Normally you can kiss the first 30 days away. That is the time the banks require to hire the negotiator. Luckily I just got a negotiator on one that was submitted about 25 day so I just saved the clients 5 extra days of anguish. Since there was a call put into the bank they were kind enough to inform us that there was a negotiator assigned and we even got a name!

The next step will be when the negotiator contacts us. We can only find out the status by calling someone in loss mitigation but one the negotiator contacts us they will then do their initial BPO (Brokers Price Opinion) on the subject property. Once we establish who the point people are then I will gather all of my comps and wait to meet the appraiser at the property. Yes..you heard that right…I WILL MEET THEM AT THE PROPERTY! I will then volunteer all the data I pulled to help support the purchase price as well as being able to justify that I have tried to get the lender back as much of the value as I can for the property.

I will then go over the condition of the property as well as explain the current market conditions of the neighborhood. In this particular neighborhood there is a very high ration of short sales and or foreclosures so I have to be able to give them as much knowledge of the neighborhood to justify the value. I’ll also explain how i came to the price. How many times it has been reduced due to no activity and I’ll tell them the price was only reduced to stimulate activity.

If the BPO does not come in your favor there is a 50/50 chance that your deal will die!!

The BPO is in so now the lender will:

  • Counter
  • Decline
  • Approve

Ok so now you have your approval! You’re almost at the end of the road but there are a couple of my tasks you need to complete.

The approval letter will give you all the conditions:

  • The net amount to them
  • The commission that will be paid.
  • Closing date not to exceed X date
  • Seller to receive $0
  • Whether on not they are allowing you to pay the 2nd mortgage
  • If they want the seller to sign a Promissory note.
  • If they will issue a deficiency judgment.
  • How it will be reported on the sellers credit report.

Anything you can do to help the cause. Don’t be lazy and sit back and just hope that it will all work out. You might as well go for it full force since you spend all this time trying to make these difficult deals successful.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

www.Neal-Bloom.com

Weston Florida Homes For Sale

Sunday, June 15th, 2008

Weston FL Homes For Sale-It’s Hard to Beat One Of The Hottest Growing Cities In The U.S.

Weston FL Homes For Sale-Neal Bloom copyright 2007

In 2007 ….Weston FL was voted in the top 100 best places to live.

Currently….. there are over 800 homes for sale in Weston FL.

If you look at these comparisons you will notice that Weston FL has a medium family income that is comparably higher than other areas…family purchasing power is higher and the job growth % from 2000-2006 is more than double. Yet if you look at our sales tax…you will notice that those figures are lower.

I’ve included the 2007 Money Magazine City stats for the city of Weston FL so it’s hard to argue that it is still is one of the hottest places to live in the U.S.

Let’s compare Weston FL with the top best places. You will see where the average figures stack up against the rest. In my opinion as a resident of Weston FL….our fair city is an excellent place to purchase a home and to set down some roots for your family. Inventory in our housing market is high in general and “it’s a great time for buyers to come to Florida and purchase a home.” Prices continue to come down and should be leveling off soon so if you want to take advantage of finding a good deal out there then you should contact a Weston FL Realtor® who is knowledgeable in the area and also is a proud citizen there as well.

The city provides a large venue of different activities to choose from and is close to all major highways.

Weston FL is centrally located between Miami and Ft. Lauderdale.

Other community related links

Weston FL…One of the hottest cities that’s hard to beat!

It makes sense to buy a home now in Weston FL …it makes sense to hire a Realtor® who is a neighborhood expert and who can help guide you in the right direction.

For more information please contact Neal The Real Deal Bloom-Realtor® /Remax Premier Assoc.

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 Remax Real Estate Weston Florida

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556 Direct
(954)212-0257 Fax

www.Neal-Bloom.com

Clouds

Saturday, June 7th, 2008

I know what you’re thinking. I’m a Realtor® so why am I talking about clouds in FL?

No… not a cloud on a seller’s title. We’ve seen too many of those these days. This really has nothing to do with Real Estate but probably more to do with the environment.

So what is a cloud?

I was outside this beautiful afternoon and saw some really interesting clouds so I whipped out my camera and started taking a few pictures of…. you guessed it …clouds.

These are classified as Cumulus mediocris

If you want to find out more about clouds then you’ll have to ask yourself a few questions.

  • What are clouds?
  • How are clouds formed?
  • Why are clouds white?
  • Why do clouds turn gray?
  • Why do clouds float?
  • How do clouds move?
  • How is fog formed?

The answers to your questions can be found >>HERE

Don’t worry….I picked a link that makes it simple to understand.

For more information please contact Neal The Real Deal Bloom-CRS-Realtor® /Remax Premier Assoc.

 Remax Real Estate Weston Florida
Weston Realtor(R) Neal Bloom-copyright 2007

2500 Weston Road ,Suite 103
Weston FL 33331
(954)608-5556

Neal Bloom-CRS copyright 2008

The Real Deal tells it Like it is in Real Estatecopyright © 2008-All rights reserved

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Hallandale Beach FL Condo’s For Sale -Avant Garde

Sunday, June 1st, 2008
Neal Bloom and Steve Kohn | Remax Premier Associates | 954 608-5556 or 954 605 5977
2017 S. Ocean Drive, Hallandale Beach, FL
2BR/2.5BA Condo offered at $249,000
Year Built 1976
Sq Footage 1,500
Bedrooms 2
Bathrooms 2 full, 1 partial
Floors 4+
Parking 1 Uncovered spaces
Lot Size Unspecified
HOA/Maint $504 per month
see additional photos below
PROPERTY FEATURES


Central A/C Central heat Walk-in closet
Tile floor Living room Bonus/Rec room
Dining room Dishwasher Refrigerator
Stove/Oven Microwave Balcony, Deck, or Patio
Swimming pool
COMMUNITY FEATURES


Guest parking Storage space(s) Fitness center
Swimming pool(s) Tennis court(s) Secured entry
ADDITIONAL PHOTOS


Seller contact info:
Neal Bloom and Steve Kohn
Remax Premier Associates
954 608-5556 or 954 605 5977
For sale by agent/broker
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