Added 3.3.11: Here is updated MARS Disclosure information
The first hot link contains the article written by the Commissioner and AAR’s Michelle Lind. It answers questions about real estate agents who negotiate Short Sales.
The second link is the FTC’s publication about MARS. It’s the ‘short’ version (only 54 pages) because it doesn’t have the 500+ footnotes.
They’ll be more written about this in the next week or two as NAR checks in with their report about their interactions with the FTC. It’s important to stay current on this topic. Certainly a lot has changed since the first of the year.
02.03.11
Message from Commissioner Lowe:
In a spirit of keeping our licensees informed on current and relevant topics, we are providing the following article on Short Sale Negotiator Regulations and the link to the Federal Trade Commission (“FTC”) Mortgage Assistance Relief Services (“MARS”) Rule.
1. Short Sale Negotiator Regulations:
Click here to view. (PDF)
The information in this article is based on Arizona law and was drafted in conjunction with Arizona Department of Real Estate, the Department of Financial Institutions and the Arizona Attorney General’s Office and the Arizona Association of REALTORS®.
ADRE will begin enforcement of this prohibition on March 1, 2011 which should give licensees time to bring their business practices into compliance.
2. FTC Mortgage Assistance Relief Services (“MARS”) Rule:
Click here to view. (PDF)
The MARS issue is still unresolved; however, the National Association of REALTORS® is meeting with the FTC.
What a difference a day makes (or was it just a system quirk). On 2/1, I was about to report that January’s closings were below 6000 for the first time in a year. But since yesterday was a busy news day (more on that later), I was unable to write or report on my first January data pull. So in preparation for reporting today, I updated my report and was shocked to have 678 more sales for January. Oh well, I report the numbers, I don’t make them up; so here goes based on my 2/2 reading for January’s closings.
1/11 had 6540 closings down 22% from Dec 10; up 13% from Jan 10. 1/11 had 3103 REO closings which is 47%; Short Sales (SS) had 1498 Closings or 23%. 1/11 prices averaged $157,000-down 2% from Dec 10; the Median was $110,000 down slightly from Dec 10. We are now in the ‘double dip’ for prices, as January’s prices are below the previous bottom (April 09). This is happening because of the prices for REO sales, which in January averaged $111,000 or $46,000 less than the average for ALL sales. The percent of REO sales was down slightly last month but SS were up. The Distress sale (REO + SS) percentage stayed at 70% of all sales.
On the Foreclosure (FC) front the monthly activity compared to Dec 10 was as follows:
The increase in completed FC is the beginning of the ‘catch up’ for the banks’ 60 moratorium, which was lifted in early December. Otherwise 1/11 tracked closely to 1/10 with the exception of the number of Active Notices is down almost 10,000 or 20%; and Bank owned inventory climbed 5000+ or 31% in a year.
Yesterday was a busy news day because of all of the announcements: AAR’s monthly magazine published all the form changes effective 2/28 complete with sample forms and FAQ’s; and then AAR and DRE published their new announcements concerning Short Sale Negotiators, MARS and fees. These announcements contained lots of NEW information to be aware of and absorb. Certainly it will be changing the industry as licensees need to comply with the Short Sale changes by 3/1/11. More on www.aaronline.com.
Arizona representing at the NAR Convention! Marge Lindsay introduces Michelle Lind who gives an excellent presentation on short sales.
If video does not display, click here.
Well, it stands for Home Affordable Foreclosure Alternatives Program but that doesn’t really give you any details. It’s is a short sale assistance program that the government rolled out April 5, 2010 in order to help homeowners avoid having to go through a foreclosure. There are a lot of details to this program, but a few of the benefits that I’ve heard include:
Straight from MakingHomeAffordable.com:
Mortgage servicers and investors write their own guidelines under the Federal requirements to determine how to implement the program. For more information about your options, you should contact your mortgage servicer. If you have questions about the program, or want guidance about how these options may impact your personal situation, you may wish to speak to a HUD-approved housing counselor for free.
Check this website to see if your Mortgage Servicer is on the list.
There is excellent information on the Making Home Affordable website, REALTOR.org has published a HAFA FAQ PDF, and last but not least, here is a 2 minute video produced by CDPE.com explaining more about the program.
So what’s the word from the REALTORS® out there on the streets helping homeowners with short sales? Have you closed deals using the HAFA program?
With so many different classes this week I thought I’d send out a quick reminder that Old Republic’s Short Sale Seminar with Jim Sexton, John Foltz, Michelle Lind, Steve Chader, and Duane Fouts is tomorrow morning from 9-12. If you’d like to register, click here.
It’s being held in Old Town Scottsdale near the intersection of Drink Water and 2nd Street – at Scottsdale Center for Performing Arts.
Zero dollars to attend. Zero credit hours. Come to learn from some of the brightest minds in the industry.