Wednesday, January 26, 2011

WHAT IS A B.P.O?

Question: My lender said that the offer of $360,000 on my house was too low because the realor hired by the bank to perform a BPO said it was worth $380,000. What is a BPO?

Answer: A BPO stands for Broker's Price Opinion. When a lender wants to know the market value of a home for that moment in time they will often hire a realtor ( or a company who hires realtors) to give them their opinion of what the current market will bear for the property in question. This is not a full appraisal but there are certain parameters that must be followed by the realtor. In general the parameters are:

3 active listings and 3 recently sold comps that are:
1. Within 1 mile of an urban property, 2 miles of a suburban property,and 20 miles of a rural property
2. Within 20% of the gross living area and lot size of the subject property
3. Within 10 years of the age of the property
4. Not a foreclosed or short sale property unless a lot of the neighborhood sales are distressed properties

These comps should bracket the subject property, that is they should be a little above and a little below in all parameters and ultimately in value.

By sticking to these parameters a value can be placed on the home.

Problems can arise when there are not enough active listings or sales in the previous 6 months of similar homes to make comparisons. When this happens the realtor needs to go outside the required parameters and then make adjustments. Most problems BPO's happen during this adjustment time.

If your BPO comes in at a price that seems off the wall, the listing realtor can do his/her own or hire an appraiser to justify what they think is market value. Of course, it is ultimately the bank or their investor's decision, so they can listen to reason or not.

If you have any other questions about short sales please ask!

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E,  01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Wednesday, January 19, 2011

How Does A Short Sale Work?

Question: I am interested in a house that is a short sale. How does that work?

Answer: That is a huge question! Here is the very simplified version of the answer:

•1.       The seller owes more money to the bank than home is worth but still needs to sell it.

•2.       The seller needs to get permission from the bank to sell the house for market value and have the bank agree to take less than what they owed.

•3.       If there is more than one loan or other liens against the house they all have to agree to accept a payoff that is less than what they are owed. The first lender will decide how much the house must sell for and how much they are willing to give to any junior lien holders to accept a short payoff.

•4.       The junior lien holders then decide if they will accept what the first lender offered or if they want to stop the sale.

•5.       Any of the lien holders can ask the seller to contribute money to close the deal.  The seller can agree or refuse to do the short sale.

•6.       The buyer can either accept the price the bank has insisted on (if it is higher than their original offered price), or they can  say they do not want to buy the house.

•7.       The process of short sale approval can take anywhere from a month to a year. It is only worth making an offer on a short sale if you are motivated to wait out the process and do not have a deadline where you must buy that house.

•8.       Once everyone agrees to the price and terms, the seller, the buyer, the banks, then the sale goes pretty much like a normal transaction but must be an As Is sale with no money going back to the seller for anything.

•9.       This is a very simplified explanation and there are many nuances to a short sale, but this is the general overview.

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E.  01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Silicon Valley Short Sales Arms Length Transactions: Are They Too Onerous?

Menlo Park Short Sale
Arms Length Transactions in Silicon Valley Short Sales Is It Too Onerous?
When a seller sells their home as a short sale, most lenders  will make everyone, the buyer, the seller, and the agents sign and notarize an Arms Length Transaction document. This states that the sellers and buyers do not know each other, are not related, and the seller will never again, EVER, live in the house , or ever make any profit off of the sale of the home. They can never rent the house or ever buy it back from the new owner.
The intention of this rule is obvious. The banks do not want to sell a home for less money than is owed on it and then have the seller get the benefit of being able to own the home for less money than they originally promised to pay for the home. I am not going to take sides here on whether the seller or the bank has the moral high ground on this. I am just going to say that the banks have made a decision that it is in their best interest not to reduce principal on most loans, but allow a short sale with new owners instead.
In addition to not being able to buy back the house for less money, or have a friend or relative buy the house for less money, the seller is also not allowed to rent the house, ever. This is where I start to have a problem. Some  banks have been allowing foreclosed owners to stay in the homes as renters which makes a lot of sense. The house does not get stripped or destroyed and the renter has a relationship with the house which will help preserve the home's value.  So why can't a seller rent from the new owner in a short sale? Many of these sellers do not have money to move and except for HAFA short sales or an occasional generous bank they are not given moving expenses.  It may be hard to find a place to rent after having some credit hits from missed mortgage payments or high credit card bills due to trying to keep up with the mortgage. It seems like an onerous rule to me, and one that does not directly benefit the bank anyway. Why should the bank care who the next owner rents to, especially if the original bank no longer owns or services the note?
And most importantly, what is wrong with a little humanity? Why can't families stay in their familiar surroundings, keep their children in the same schools, have the same neighbors? Isn't is enough punishment to lose your home, your equity, and your savings?
What do you think?
Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Saturday, January 15, 2011

Santa Clara Open House This Weekend! Saturday/Sunday 1-4!

Play VisualTour


Are you looking for a large home with 4 bedrooms, a dining room, gas kitchen, family room, wood floors, air-conditioning, a first floor bedroom, private back yard, quiet street, not too old, in a convenient location, and under $700,000? It is possible to have it all, at this lovely home in the heart of Santa Clara. Just 20 years young and nicely dressed, this is beauty may be just what you are looking for. Come take a look! It is waiting for a new owner to enjoy all these creature comforts for the next 20 years.
Offered for $685,00
Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Thursday, January 13, 2011

Indymac/Service Link Very Quick Short Sale Approval

Pending Short Sale Santa Clara County

I have a short sale listing in Gilroy which had an offer accepted by the seller at the beginning of December.  All of the paperwork was forwarded to Indymac who had it for about 2 1/2 weeks and then gave to Service Link for negotiation.  By then it was Christmas Week.  A negotiator was assigned who contacted me the first week of Jan.  I got approval, at purchase price, on Jan 10th. That was fast! There were no special tricks I used other than the way I handle all of my short sales.

1. A realistic, but still a good purchase price, not too high, not too low, but on the lower end of market value.
2. All the documentation was submitted at one time and the documents were tripled checked to make sure everything was there.

3. The sellers provided every single financial document that was required.

4. I followed up to make sure everything was in order and received by Service Link.
This is my first short sale with Service Link, who has just recently ramped up their short sale department.
I am now officially an Indymac/Servive Link short sale fan.

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

The Trustee or Personal Representative Does NOT Sign the Natural Hazard Report


I sell a lot of of Probate and Trust sales. They are not quite like a traditional sale, but not as unlike a traditional sale as a Short Sale or Foreclosure. One of the differences are disclosure obligations. In California on of the diclosure requirements that causes the most confusion is what happens about the Natural Hazard Disclosure Report and statement. It is simple:
As per the Trust Advisory or Propbate Advisory that needs to be signed in each of these transaction the Trustee in the case of a Trust, or the Personal Representative in the case of a Probate, is required to provide a Natural Hazard Disclosure report, but is not to sign the report.
The most common request I have with these sales is for the Trustee's signature on the Natural Hazard Report. It is not an oversight that it was not signed, it was on purpose.
If you have any questions about trust or propabate sales in Santa Clara or San Mateo Counties, please feel free to ask me.
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Thursday, January 6, 2011

Santa Clara Open House This Weekend! Saturday and Sunday 1 - 4!

Play VisualTour

Are you looking for a large home with 4 bedrooms, a dining room, gas kitchen, family room, wood floors, air-conditioning, a first floor bedroom, private back yard, quiet street, not too old, in a convenient location, and under $700,000? It is possible to have it all, at this lovely home in the heart of Santa Clara. Just 20 years young and nicely dressed, this is beauty may be just what you are looking for. Come take a look! It is waiting for a new owner to enjoy all these creature comforts for the next 20 years.
Offered for $685,00
Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales


Friday, December 17, 2010

Palo Alto Home Buyers, Don't Let the Rain Stop You From Looking at Homes

Everyone likes to to look for homes when it is sunny.  Open houses during the spring and summer in Palo Alto are always crowded.  Some people think open houses are a Palo Alto recreational activity, much like soccer games, or concerts i the park.  Well, if you are just curious about the market or like looking at other people's homes, then house shopping only in good weather is a great way to be entertained.
However, if you are serious about buying a home, shopping in the rain is one of the best things you can do for your due diligence.  In addition to the obvious benefit of seeing if there are any leaks through the roof, you can also find more subtle, but just as damaging leaks through windows or sliding glass doors.  You can see how the gutters are performing,  You can see if water ponds anywhere on the property, or if water is draining onto the property from a neighbor's yard.  You can also see how much light there is in the house when the sun is not shining.
I am not saying that you should never buy a home if it is not raining, but I am saying do not let rain stop you from looking.  You can learn a lot about a house and the information is valuable!
Marcy Moyer
Keller Williams Realty
650-619-9285
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Tuesday, December 14, 2010

It's That Wonderful Time of Year Again...


Every year on Christmas Eve, Stanford Theatre on University Ave. in Palo Alto shows Frank Capra's classic film It's a Wonderful Life, starring Jimmy Stewart and Donna Reed. For the last 21 years, this special showing has been a Christmas tradition, and every year it sells out. It is THE place to be on Christmas Eve in this wonderful little city.

The theater is gorgeous, built in the 40's and renovated in the mid 80's by Dave Packard, or Little Dave as he is known around here. His father, Big Dave, was one of the founders of Hewlett Packard, who famously started Silicon Valley in a garage on Addison St. Before the show begins, a huge Wurlitzer organ rises from under the stage and plays Christmas music. Then Dave comes onstage to talk about the theatre and the film. Last night he talked about how the film was originally released in May or June (I can't remember!), instead of Christmas. Little Dave passionately believes movies need to be seen in a theatre, with other people, and on the right day. He is certainly correct about It's a Wonderful Life. I think it is this belief that keeps Dave from showing any movie made after 1960 at Stanford Theater.


During the movie the audience claps, boos at the bad guys, and is totally transported to Bedford Falls. My favorite part is when the names of two of the characters, best friends Bert and Ernie, are finally said together. The newbies in the audience get a huge laugh out of this, when they realize for the first time where Jim Henson came up with his Bert and Ernie on Sesame Street. 

So if you are anywhere near Palo Alto next Christmas Eve, be sure to catch this heartwarming film in the ideal setting. Tickets usually sell out three or four days ahead of time, and can't be bought online. However, the line forms to get a seat a few hours before the show, and there are always people there giving away extra tickets. They rarely sell the extras, and no one scalps. It really is a wonderful life in Palo Alto. 

Sunday, December 5, 2010

Menlo Park Ca Distressed Property Update 12 /3 / 10

One of my Menlo Park short sale listings

Menlo Park, Ca. Distressed Property Update
Are you waiting for a distressed property for sale in Menlo Park so you can snatch a bargain, or are just curious about them? Well, there are a few of these types of sales, but not many. Short sales, as in other places, are more common than foreclosures. Most banks are at least giving homeowners the option to try to do a loan modification or short sale before foreclosing. These options do not always work, but they are worth a try.

Active Short Sale Listings:  8 
Pending short sale listings:  14
They break down neighborhood wise into:
west MP: 1
Central MP: 1
East of El Camino and west of 101: 5
Avenues: 2
Belle Haven: 14

Closed Short Sales since Jan 1, 2010:  17
West MP: 2
Central MP: 0
East of El Camino/West of 101: 1
Avenues: 3
Belle Haven: 11

Active listings:  6
Pending:   5
Breakdown by neighborhood:
West Menlo Park: 0
Central: 2
East of El Camino/West of 101: 2
Avenues: 3
Belle Haven: 3

Closed since 1/1/10:  19
Breakdown by neighborhood:
West Menlo Park: 0
Central:0
East of El Camino/West of 101: 2
Avenues: 2
Belle Haven:15

There have been 369 sales of homes and condos in Menlo Park  since Jan 1, 2010 so the percentage of distressed home sales is not enough to have much influence on the market yet, except in Belle Haven.
However, I think that there more may be coming in the next few years.  If you need to sell and owe more than your home is worth I would be happy to have a confidential discussion with you about your options. I am an experienced short sale realtor.  If you are interested in purchasing a short sale or reo property I would be happy to speak with you about what you need to do to successfully purchase one.

Marcy Moyer
Keller Williams Realty
650-619-9285
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Wednesday, December 1, 2010

Palo Alto Ca Short Sale/REO Watch 11/30/2010

One of my short sale listings in Menlo Park

Are you waiting for the rash of short sales and REO properties in Palo Alto so you can snatch a bargain. or just curious about them? Well, not much has changed in the last few months. There are a few of these types of sales, but not many. Short sales, as in other places, are more common than foreclosures. Most banks are at least giving homeowners the option to try to do a loan modification or short sale before foreclosing. These options do not always work, but they are worth a try.

Active Short Sale Listings:  1 condo  2 Single family homes
Pending short sale listings:  5 condos  2 Single Family Homes
Closed Short Sales since Jan 1, 2010:  2 Condos  2 Single Family homes

Active listings:  0
Pending:   1 Single Family Home
Closed since 1/1/10:  3 condos   1 single family home

There have been 478 sales of homes and condos in Palo Alto since Jan 1, 2010 so the percentage of distressed home sales is less than 2 %, not enough to have much influence on the market yet.
However, I think that there more may be coming in the next few years.  If you need to sell and owe more than your home is worth I would be happy to have a confidential discussion with you about your options. I am an experienced short sale realtor.  If you are interested in purchasing a short sale or reo property I would be happy to speak with you about what you need to do to successfully purchase one.

Marcy Moyer
Keller Williams Realty
650-619-9285
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Tuesday, November 23, 2010

Why Is A Palo Alto Escrow Like a Teen Romance?

The beginning of a Palo Alto escrow is like the beginning of a teenage romance, everything is perfect. You have found your soul mate and all promises are meant to be kept.  You never dream that your heart will ever be broken. It doesn't matter that one party is a jock and the other an intellectual, one is a Democrat and one a Republican, or one likes to party and the other is a vegan. And then reality sets in. I don't think I have to go into gory detail.  Well, sometimes an escrow is like that but hopefully your escrow will have a better track record than a teenage romance.

One way to help things along is to not set yourself up for failure. If you are a buyer or buyer's agent do not expect to get a loan approval in 15 days if you do not have every document into the lender a head of time. If you are a seller or seller's agent and accepted an FHA loan do not try to make the buyer get approval in 15 days.  If the seller does not get inspections a head of time do not tell the buyer they have 7 days for property contingencies and then start yelling because the property inspector says there is something wrong with the foundation and they need more time for an engineer to look at it.

Bottom line, do not set yourself up for failure by blowing a gasket over unrealistic time frames. Try to make them realistic to begin with so that the parties can succeed rather than fail.

Marcy Moyer
Keller Williams Realty
www.marcymoyer.com
marcy@marcymoyer.com
650-619-9285

Sunday, November 21, 2010

Do You Care About Your Children?

I am not a lawyer or an accountant so please do not construe this as legal or tax advice. However, friends do not let friends leave their estates to probates, so let’s just say I am your friend.

Trust Sale in Palo Alto
As a realtor who specializes in Probate and Trust sales, it does not matter to me whether the estate is being probated, or passed down through a trust.  But it does matter to the heirs, especially now that the estate tax will kick in after a million dollars starting in January, unless Congress  and the administration change it. How likely is that?  They can not even agree to have dinner together so changing the estate tax exemption any time soon is unlikely.

So as of Jan. 1, 2011 when you die your heirs can get the first one million dollars of your estate tax free, but anything above that will be taxed at 55%.  So let’s say you have a home that is worth 1.2 million and a mortgage of $700,000. The estate will be valued at 1.2 million not $500,000 which is the equity. If you have your estate in trust you can set things up to help reduce the taxes owed. Even if you do not have a mortgage on your home, if you have a home in Palo Alto you are very likely to have an estate worth over a million dollars because of the value of your home.  You will probably benefit by talking to an estate lawyer to help structure things to get the most tax free money for your heirs.  I can give you names of some excellent estate attorneys if you need a referral.

Marcy Moyer
Keller Williams Realty
www.marcymoyer.com
marcy@marcymoyer.com
650-619-9285
D.R.E. 01191194

Friday, November 19, 2010

LUXURY GILROY SHORT SALE! Open House This Weekend!

DREAM HOME ON THE GOLF COURSE...


Gorgeous 10 year old home with a huge gourmet kitchen, extensive use of granite, slate, marble, and hardwood.  

4 bedrooms plus an office that can be used as a 5th bedroom. Beautiful views of the hills and golf course. Downstairs bedroom and bath. Extraordinary opportunity to live in Eagleridge


OPEN HOUSE THIS WEEKEND SAT 20 /SUN 21 1 - 4

Take a Visual Tour...

Play VisualTour



Disclosures available at www.marcymoyer.com

OPEN HOUSE THIS WEEKEND! SAT/ SUN 1:30 to 4:30! Check out this lovely PA gem!


VIEWS  SECURITY  LOCATION!!!!!

Welcome to The Palo Alto. This unique condo has a winning combination of security, views and location.  The building has 24 hour security with a front desk concierge and locked doors.  The views from the balcony are spectacular! The downtown location is perfect for those wanting  to be close to the center of everything. There are 2 bedrooms and 2 baths, a cute kitchen with new counters, new carpet, fresh paint, central heat and air, 1,200 square feet of living space (per county records)  and a large balcony, with a portion  of balcony off the master that is enclosed.  Fabulous Palo Alto schools including Addison, Jordan, and Palo Alto High. (buyer to verify) Come see how living in Palo Alto can be easy and beautiful!

Play VisualTour


Attractively Priced at $560,000.

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Wednesday, November 17, 2010

Palo Alto Ca Condo: Location, Views, Security!

VIEWS  SECURITY  LOCATION!!!!!

Welcome to The Palo Alto. This unique condo has a winning combination of security, views and location.  The building has 24 hour security with a front desk concierge and locked doors.  The views from the balcony are spectacular! The downtown location is perfect for those wanting  to be close to the center of everything. There are 2 bedrooms and 2 baths, a cute kitchen with new counters, new carpet, fresh paint, central heat and air, 1,200 square feet of living space (per county records)  and a large balcony, with a portion  of balcony off the master that is enclosed.  Fabulous Palo Alto schools including Addison, Jordan, and Palo Alto High. (buyer to verify) Come see how living in Palo Alto can be easy and beautiful!

Play VisualTour


Attractively Priced at $560,000.

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales


Silicon Valley Trust Sales: What is a Notice of Proposed Action?


What is a Notice of Proposed Action in a Silicon Valley Trust Sale?

If you are a trustee selling a Santa Clara or San Mateo County Trust sale, or a potential purchaser of a trust sale you will probably encounter a Notice of Proposed Action. What is it? The successor trustee has the right  and power to sell property left in a trust to be distributed to the heirs. The trustee chooses the agent to list the property, and is responsible for handling the details of the sale. However, in order to accept an offer from a potential buyer the heirs to the estate have to confirm that they agree to the price and terms of the offer. Usually they do and the sale proceeds, but if there is an objection then the trustee must go to court and get the objection heard and settled by consent of the heir, or order of the judge, in order for the sale to proceed.  Obviously this will delay the close and must be included as a contingency for the seller. This is very rare, but it can happen occasionally, so be prepared.

Marcy Moyer
Keller Williams Realty
650-619-9285
D.R.E.  01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Wednesday, November 10, 2010

BIG SUR HALF MARATHON

Look for me this Sunday and you will find me here...


...Running the Big Sur Half Marathon.   This is a bit of a misnomer as the race actually takes place in Monterey and the surrounding area.   The race begins on Del Monte Avenue in Monterey and passes by some of my favorite spots in all of California...Fisherman's Wharf, Cannery Row, and the Monterey Bay aquarium.


After that's it's onto Pacific Grove, up to the Point Pinos Lighthouse and then back to the Wharf for the award ceremony and hot minestrone soup.    Normally when I go to Monterey I prefer clam chowder, but after running a half marathon that doesn't sound too appealing.



I'm told people tend to take longer running this marathon than others, because of how often they stop to take pictures!  And I can believe it, because it's truly one of the most beautiful places in the state.  


Monday, November 8, 2010

Trust and Probate Disclosures in Santa Clara and San Mateo Counties


When you sell or purcahse a trust or probate sale, the disclosures are not the same as in a standard equity sale. The basic premise is that while the trustee or personal representative in the case of a probate does not fill out a Transfer Disclosure Statement or Seller's questionnaire, if that person knows anything about the house it needs to be disclosed.  It can go on a separate addendum but can not be hidden.  This is especially true if that person lived in the home with the person who has died, like a child, or other relative.  There are CAR forms which should be used, The Probate Advisory or the Trust Advisory,  that spell out which disclosures are exempt, and which are not.

The trustee or personal representative are exempt from filling out the TDS, Seller's supplemental or questionnaire, They do not have to sign a Natural Hazard Report or provide a Mello Roos Report. They do not need to provide smoke detectors. they do not need to provide the Hazard Booklet.
They do need to provide a Natural Hazard Report, strap the water heater, provide  a lead based paint disclosure, Data Base Disclosure, and FIRPTA.

I hope this clears it up and that you do not find anything terrible lurking behind the curtain. Please feel free to contact me if you have any questions.

Marcy Moyer
Keller Williams Realty
D.R.E. 01191194
650-619-9285

Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sale