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All Forum Posts by: Cara Lonsdale

Cara Lonsdale has started 25 posts and replied 1385 times.

Post: Why would a lender NOT approve this?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481
Originally posted by @Ron S.:

LOL! I'm cracking up. You're a real estate broker (enough said) since 96, and I'm a foreclosure/short sale specialist doing "real life examples" since 91. I do this for a living every day. You do it when your open market transaction dictates it. You took 3 hours of CE classes to learn how to do short sales. I have done them for over 25 years, every day, all day. You go ahead and stick with 2008, i'll work on today's reality.  I won't legitimize your diatribe further by correcting your errant and flawed view of how things work.

 Oh, I see, you'd rather just invalidate and attack me as a person instead of acknowledging the obvious flaws within the finance industry....and there are plenty.  My experience spans beyond Realtor, but I don't need to justify that to you.  You clearly know everything....only problem is the types of examples I provided happen every day.  If you don't want to acknowledge them, that is your choice, but don't pretend they don't exist.

Post: Why would a lender NOT approve this?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481
Originally posted by @Ron S.:
Originally posted by @Cara Lonsdale:

I think you got the right answers from people, but just to reiterate....

Lenders consider each contract individually, and most likely they have a 'no assignment' in their addendum somewhere.  They would consider a Buyer swap as a new contract.

You are correct...it is TOTALLY ASININE!!!!  Lenders can be REALLY illogical when it comes to deals, and get caught up in the smallest piece of minutia, but they do it all the time.  This is why they end up foreclosing on a house and taking less than the short sale offer that was in front of them.  They don't care.  Their mortgage insurance will cover their loss, so what do they care?

It should be about the bottom line...the net to Seller (Lender).  Period.  But it isn't.  

Here's a thought....why doesn't current Buyer complete the sale and flip it to new Buyer?

Ahhhhh...if only what you said was true we'd be in a much better world.

Lenders are relatively logical. Yeah they get caught up in the minutia because the devil is in the details. Just because it makes sense to you doesn't mean it makes sense. It comes down to debits and credits for the most part but there is also the logistical and sometimes conflicting component of investor requirements and 3rd party requirements (MI company, junior lien holder, senior lien holder, GSE, etc.) that at the least, influence the transaction or, can control the transaction beyond the seller's or lender's objectives outright. While it may seem asinine to you, the process has to be consistent throughout the portfolio and, the process is both regulated and enforced by both state and federal regulators....AKA the government. Maybe that's where you get that it's asinine, because the government is involved and if that is the case, I agree with you on that front. 

...and no, that's not why it ends up in foreclosure. Short sales end up in foreclosure for two reasons usually, One is time and the other is because the parties to the transaction either can't or won't comply with the requirements of the shortsale, whatever those requirements may be.

...They don't care? Care about what? A short sale versus a foreclosure? Lenders have a pretty reliable financial model that shows probable outcome based on the input for any particular scenario. The key is the input. If the input is valid, the output will be valid. Garbage in, garbage out. What is there to care about though? Either the deal works for the lender/investor or it doesn't. Either the seller/buyer/agents can or will comply with the short sale requirements or they won't/can't. Caring doesn't have any basis in the transaction. Are lender's empathetic to the situation? Probably not but that's not a bad thing necessarily. Treating each situation (Caring) different is what gets lenders in hot waters with the regulators. Lenders must apply fair lending laws and ensure that they are not subject to any violations of UDAAP when reviewing any lending transaction. Even the most well documented exception in the special treatment of one borrower over another is going to get the lender fined or worse for not applying that same exact treatment to all borrowers.

Finally, "Their mortgage insurance"? Who's mortgage insurance. The borrower's? The lender's? Do you actually think that all of the loans out there have mortgage insurance to cover the lender's loss? As a lender that manages MI claims, I can tell you that, A) not all loans have MI and B) not all loans that do have MI have claims paid out on them after a loss and C) going back to what I said earlier where there is MI, all of the rules and processes and guidelines for a short sale are dictated by the MI issuer and NOT the lender. So, in many cases, it's the insurance issuer not the lender that makes or breaks a short sale.

 Alot of words.... NONE of which are based on real life examples.  So, let me help you understand this broken system of yours Ron....

Example #1.... Client is given a 90 day trustee sale notice.  Borrower contacts the lender to request a loan modification.  Lender requests a packet of info, and submits a needs list.  Borrower completes needs list.  Meanwhile clock ticks down on trustee sale..... Borrower checks in with lender, lender requests more info (updated bank statements, etc), Borrower sends in more info.  Borrower waits.  Day before Trustee sale, Borrower checks in with Lender.  Lender states that it is still in process.  Next day, it goes to Trustee sale.  Same day, Lender calls borrower to tell them they were approved for modification, but needs a LOX for something trivial, which the Borrower was more than happy to provide.  However, the sale had already transpired.  The Borrower lost the home.

Example #2...Short sale where the Buyer's spouse was the Realtor. Lender approved the short sale price and all terms. Inspections were done, closing was eminent. HUD-1 (obviously a few years back when the HUD-1 was used) came out, and lender put a halt to the sale citing that that the Spouse would need to either relinquish the commission, or the Lender would not approve the HUD-1. This example was one that I was thinking of when I stated that lenders get caught up in minutia because the lender was willing to pay a commission, and eventually WOULD pay it, but for whatever reason, they got caught up in the fact that the Buyer was related to the Realtor, even though that was fully disclosed in the contract AND the Buyer was purchasing as a sole and separate, so the Spouse didn't have interest anyway. The property ended up going to trustee sale, garnering a fraction of what the agreed to purchase price for the deal.

I get that you may be sensitive to lender bashing if you are in the finance business.  However, you need to acknowledge that really dumb mistakes are made by lenders on many different levels.  Many times it's for the simple fact that there are too many people touching a file, and it gets lost in the cracks.

However, I can't accept your comments that this is a clean and clear system, or we wouldn't have just had one of the biggest lending and finance crashes in history just recently behind us.  You gotta know your weaknesses.

To be clear, I am not speaking to guidelines. Of course the lender has guidelines that need to be met. So many times when you call your lender, you find out that they are just the servicer. So, getting to the lender/investor and/or adding in any government stips for FHA/VA also comes into play. However, my post was speaking more to the flaws, as evidenced above in the 2 examples given (and I have a ton of these examples) of how lenders get caught up in the minutia, and sometimes that leads to a lesser net to them in the end.

Post: Syndication Pitch Book/Pitch Deck Examples

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481

@Tony Nguyen  Would love a copy of your syndication pitch book to compare it to the one we have.  Thanks!

Post: I passed my real estate state test!

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481
Originally posted by @Jo Mendes:

@Cara Lonsdale , Thank you for the feedback. I actually met with KW this morning and it was good but also maybe wanted to see other options.

 I think that is wise.  It always make sense to explore all of the options before making a decision.  Best of luck to you!

Post: Should I post 3 day notice?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481

In your state is it only a 3 day notice?  In AZ it is a 5 day Pay or Quit notice.

Either way, YES!  File it.  It doesn't hurt anything if she pays, but it starts the process so that any stalling tactics she is using with you will not delay your process.  It also conveys to her that you mean business and will not mess around.

It doesn't cost much to submit a 5 day Pay or Quit, its basically just certify mailing the form to the tenant.  I usually regular mail it to them as well so that if they refuse service, they still get it in the mail.  They usually will respond to you.  If they pay in the meantime, you just don't go on to the next steps.

Post: Yellow letters sent now I have seller who wants to sell her land

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481

I have heard that a good rule of thumb for a quick land sales flip is to price it for sale at half the rate of comparable land, while making double your money.

So, with that being said, I would research demand and land prices for comps on a popular land website like landwatch.com.  If comps for your land are justified by the tax assessment of $13,000, then you would want to list it for $6,500, which means you could buy it for up to $3,250.  My guess is that the other offer she has in hand follows the same premise.  So, the land comps must've come in lower than the $13K, or the other offer is being more conservative.

The key is to make sure there is a demand for the land.  If you don't have a Buyer, then no price, no matter how discounted, will make sense.

Best of luck to you!

Post: Emotional Support Pets After Move-In

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481

I personally HATE this topic as I feel like it is so abused at the sake of truly disabled people needing service animals.  There are so many people that just go online to register their pet, and there are many online websites that will provide a letter for this.  It makes me sick.

You may have something specific to your state, but from a national standpoint, the ADA is very clear about ESAs (Emotional Support Animals).  It states on their site that they are NOT considered Service Animals.  Also, one interesting note, ALL service animals MUST be certified in order to be considered service animals and receive the same protections as a service animal per their website.  Here is the link with specific info.

https://www.ada.gov/regs2010/service_animal_qa.htm...

Now, some would argue that there are different rules for Fair Housing.   There is alot of chatter out there that states that as long as they have provided a note from a REGISTERED MENTAL HEALTH care provider (not just their PCP or family dr), that they can have their ESA.  I am not so sure.  Unless you are receiving government subsidy, or are considered student housing and so forth, there seems to be good cause to assume that you can refuse pets that don't meet the guidelines.  Below is the Fair Housing link that points specifically to service animals and ESAs.  Take a look at page 3 at the top.  There are 2 questions that you have to ask to ascertain the legit nature of the service animal.

https://www.hud.gov/sites/documents/SERVANIMALS_NT...

From experience, I will tell you that it is usually pretty clear when an animal is a legit service animal or ESA.  We have a Tenant who is a military vet with an ESA.  The dog is certified, and we have the paperwork.  It is also trained to support this Tenant in stressful situations.  It has a function.  We did not collect any deposit or charge pet rent as the law is very clear that these types of animals are not considered pets, and you are not allowed to charge them as such.  

I wish you the best of luck in handling this.  It is a sticky situation as it still seems to have alot of gray area around it.  I would start with requesting a note from a registered mental health care provider.  If they provide that, and you can validate it as legit, I think you have to proceed.  At least I would at that point.  Many of the tenants we ask for the letter usually back down, and then either get rid of the pet, or pay the fees.

Post: Appraisals, How do we Dispute

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481
Originally posted by @Kathryn Bowden:

@Cara Lonsdale, thanks so much for your response.  That is super helpful.  I would love to take these proactive steps.  I have already put a two page document in the house with every upgrade - which is pretty much everything inside and out, broken down into sections of the house.  I am hoping the appraiser will pick this up, and tried to put it somewhere obvious.  So you're telling me that I can leave a specific note to the appraiser?  I wasn't sure whether that was "allowed" or frowned on, or ...  Do they actually not usually have the contract price, so they know what they are working towards??  I would love to leave a note explaining the multiple offers as well.

 It really depends on the appraiser.  Some welcome the info because they don't have to do as much when they go back to the office.  Others won't even look at it.  So, it will really be a coin flip.

If this project was a recent rehab and you have a complete budget of expenses, the appraiser will definitely look at that as that PROVES value beyond the average comp.  

Keep it short and factual (don't get wordy or sentimental). As I stated in my previous post, provide comps that the appraiser may not look for (non-MLS) . Does Zillow give you a favorable zestimate? If so, print that out and provide it for the appraiser.

Best of Luck to you!

Post: What are the criteria of buying a house with a 5% conventional?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481
Originally posted by @Jun Zao:

For example, buying a 4-unit apartment building, do I have to live in one of the units?

 If you want to stay in the conventional space (not commercial), you need to be 1-4 unit.

If you want to purchase with the least amount down, within the conventional space, you need to be an owner occupant.  Many wannabe investors start out this way.  You live in it for 12 months to satisfy the lender requirement, then rent it out.

You will be hard pressed to find an investor loan that will offer 5% down without requiring you to live in the property as an owner occ.

Post: Paying off properties early....love it or hate it?

Cara LonsdalePosted
  • Realtor and Investor
  • Scottsdale, AZ
  • Posts 1,425
  • Votes 1,481

@Pat Jackson you were right!  This topic IS divisive!  :)

I think someone here said it best... it really depends on your ultimate goal.  Here are some things to think about and/or consider....

The most amount of interest you will pay a lender is upfront.  The later part of the loan is mostly principal payment anyway.  So, paying off a loan that is 2/3 into it's maturity is not a good use of that money as the lender has already collected their portion of the interest in the first 2/3 of the loan term.  If you need a visual, go to any amortization table and see how each month the interest and principal is allocated, and how it shifts after year 5, 10, 20....and so forth.  So if you are trying to pay as little to the lender as possible, don't get a loan from one.  :)

You touched on a great resource at your fingertips...a HELOC. These are great as they can stay open and be used over and over again without incurring closing cost fees associated with originating a new loan. So, each time you pay it off and dip back in, you are just using it like your own bank account. Awesome.

If you have the kind of money that would be enough for a local property at trustee sale, this would be a good way to MAXIMIZE your dollar as you would be afforded the opportunity to purchase a property at a deep discount, and either rehab and flip it, rent and hold it in your portfolio, or wholesale it as-is.  If you are selling it, you don't need a loan because you used your cash for a short term.  If you decide to hold it, you can refinance it and avoid paying mortgage insurance (giving you more favorable terms and rate) because you acquired it at such a deep discount.

Keep in mind, properties without interest payments don't provide tax deductions....just FYI.  You may want to seek counsel with your accountant about what the loss of the deduction looks like versus the added cash flow.  It may not even be an issue.

Also as someone mentioned, free and clear properties provide good opportunities of leverage when the market shifts.  

I don't think either strategy is bad.  I think it all depends on your financial situation, your ability to access funds for your new purchases, and your ultimate goal for investing.