Email ElizabethThe Hobbit and Sacramento Real Estate
One of the requirements to be a writer — what they call an “expert”– at About.com, is to be passionate about your topic. You have to be able to write, of course, and have something to say, naturally, but that passion (expressed through dedication, intense commitment) is completely necessary. Passion is also the necessary ingredient to being immensely happy and content in your job. If you find yourself consumed, driven, and almost half nuts about a particular topic, that might qualify you to write for About.com.
My topic is home buying and home selling. I can’t help it, I love real estate. I love everything about real estate. The people, the homes, the financing, the excitement, the challenges, the battles, the history, the future. It’s given me independence and extreme satisfaction in my chosen career. I started in real estate when I was in my 22, and I’ve been happily married to it in some form or fashion ever since. This year, I will sell over $30 million as a Sacramento real estate agent.
Real estate has become my Hobbit, the foundation for some of the other stories in my life. We saw the movie The Hobbit yesterday, and my husband shot a photo of me with Gandalf. The Hobbit is being shown in theaters all over Sacramento, but if you want to see it in 3D and high-speed (48 frames per sec), you need to see it at Century Stadium. It’s been more than 45 years since the nuns at The Home of the Good Shepherd in St. Paul first read that book to me, but I do not recall much of that movie in the book. Oh, how us poor souls who read expect screenplays to faithfully follow the book, and film entertainment often crushes those silly expectations.
Here are a few highlights without spoilers: I had to laugh when Thorin knocked on the door. It was why, hello, yes, here I am, the hunk of the movie. And he swaggered into Bilbo Baggin’s home. I thought Cate Blanchard was going to throw Gandalf to the ground with her mind and molest him right then and there. I kept waiting for it, but it didn’t happen. There were many battles. One after the other. We were in the theater for days. Some people went to sleep and snored. Oh, wait, that was on the screen. And then, at the end, there was no end. Because we have 2 more movies. And there you have it. The complete description of The Hobbit.
Don’t get me wrong, I was entertained. But last night while I was thinking about The Hobbit, I suddenly realized I have two more reasons to buy a home to add to my article of 8 reasons to buy a home. I finally have 10 reasons. I had tried to come up with 10 reasons when I originally wrote the piece in 2006, but 8 was all that popped into my brain, so that’s what I ran with. But now I have 10. And it’s because of The Hobbit that I thought of them.
Reason #9 is Security. Because nobody can kick you out of your home, as long as you make your payments. Your landlady can’t come along one day and tell you she’s decided to rent to her son. Or remodel. Or sell the home. Because it’s your home.
Reason #10 is Stability. With today’s widely used amortized loans, your mortgage payments, the principal and interest, stay the same over the term of your loan. They don’t go up when interest rates go up, and they don’t fluctuate. The state of the economy has no affect on your mortgage payments. Nobody will raise your rent.
Selling Sacramento Short Sales in December
I will see you four Bank of America short sales and raise you one Wells Fargo short sale. Selling Sacramento short sales is like playing poker and winning all of the time. So far this December I have closed 5 short sales in Sacramento, six if you count an intense client whom I referred to a Sacramento short sale agent better suited to handle the more colorful characters. Before the month ends, another 6 of my short sales will close, bringing my total for the month to seven Bank of America short sales, three Wells Fargo short sales and an SLS short sale. That’s not a bad December for December being a relatively slow month, even without a partridge in a pear tree.
Most people who do a short sale can choose when to list their home as a short sale. Since there are historically fewer numbers of people who are willing to cross the desert barefoot and without water to do a short sale, it’s better to put a home like that on the market when there are larger numbers of buyers available. There will be larger numbers of buyers in January than in December.
Yes, I realize there is no inventory in Sacramento. As such, I am careful to keep my fingers out of its hot oil when I gingerly drop a home for sale into it and step away from the stove. After it’s a golden color, I scoop it up and let it cool on paper towels. If it’s not cooked all the way through, I cook it longer on one side, even if it’s a little browner, because people only see the golden side when they eat it. I’m pretty darned organized.
I’ve got my real estate predictions for 2013 completed. I expect to list a lot of homes in Sacramento this coming January and February. Probably not enough homes to meet the pent-up demand. Interest rates are extremely attractive, under 4%, and the government announced it intends to keep rates low until unemployment dips to 6.5%, which will be a very long time. But when it comes to a short sale, people can decide the best time to list a home, and that time is not around the holidays. Selling during the holidays is not really necessary for most people. Which means this Sacramento short sale agent can take a vacation. Yowsa!
Don’t think I am going hogwild off the beaten path, though, I am bringing my laptop.
Agents Who Represent Themselves on a Short Sale
Trying to buy a short sale for yourself is like yanking out your own tooth with a pair of pliers. Some people say the whole experience of a short sale reminds them of a root canal. When I was a kid, my mother used to tie a string around my tooth, and she tied the other end around a door knob. Then, she slammed the door. Sometimes, it took a couple of tries. Yikes. But it beat grabbing the pliers and doing it myself.
I don’t know of a single lawyer who would try to practice law in a field in which the lawyer had no knowledge. Yet, real estate agents try to do it all the time. In fact, when I represent lawyers for short sales — and I work with a lot of lawyers — I always suggest they get legal advice from a real estate lawyer. If a lawyer is in corporate law, she doesn’t know the ramifications of a short sale. Likewise, agents who work in residential real estate should not try to sell commercial property. It’s bad for the clients. It’s probably a violation of the Code of Ethics as well because it’s not in an agent’s clients’ best interest to hire a novice who knows nothing about the field to represent them.
The only thing that’s worse than representing a client when you should not is when that client is yourself. Because that’s just plain stupidity at the worse levels. I have an agent from southern California who is trying to write an offer on a short sale for herself. She apparently knows little about residential real estate in Sacramento, much less a short sale. She is also not a member of our Sacramento Board of REALTORS, so we are not required to reciprocate with her.
I have explained to the agent that she was missing the correct forms in her offer to make it a short sale offer. In short, the offer she dropped at my office because she doesn’t “do the computer” is not written correctly. I explained some of this to the seller when I sent it to her and suggested the seller ignore it. The offer has not closing escrow written all over it. The proposed buyer did not follow instructions in MLS because she cannot read the instructions as she is not a member. Her loan is complicated, involving several community agencies, which makes her not a good candidate for a short sale, even if her offer was written correctly, which it is not. Short sale approval letters from the banks on this particular short sale stipulate a 30-day closing, and her loans would take at least 45 days. Her preapproval letter is outdated and does not include a calculation for HOA dues, yet she is trying to buy a condo. And to keep a small commission because she has a real estate license.
One in about every 35 people in California has a real estate license. Having a real estate license does not make a person a real estate agent. You know what makes a person a real estate agent? Earning your living as a real estate agent, year after year. It’s experience.
When it comes time for my husband and me to buy another home in another area, I am certainly not planning to represent myself. I will hire an experienced local agent who works with retirees. There is just too much that could wrong. This particular real estate agent is doing herself a grave injustice trying to save a couple of bucks. She should hire an experienced Sacramento short sale agent to help her to buy a short sale. When I told her in the nicest way I could think of that she deserves her own agent, she raised her voice, threatened to call the NAACP and accused all agents in Sacramento of discrimination. What?
I wanted to say: Lady, I can’t see you over the phone. I have not seen a photo of you. So, I do not know the color of your skin and even if I did, which I don’t, it would not make any difference. Moreover, to imply that this Sacramento short sale agent would discriminate is simply preposterous. It’s completely ridiculous. Insulting. The problem is this poor woman needs help. She says she has a friend who is a real estate agent in Sacramento. I sure hope she calls him.
Why You Might Not Care About Mortgage Debt Relief
Many of my Sacramento short sale sellers are concerned about the mortgage debt relief extension, which is presently sitting at the U.S. Senate in limbo. Mortgage debt relief is the process of relieving a seller of having to pay taxes on forgiven / canceled debt. For example, if you sell a home for $100,000 and you owe $200,000, the bank is forgiving $100,000 of debt when it does a short sale or a foreclosure. Under regular IRS rules, you might be responsible for paying taxes on $100,000 of income that you did not get in your hot little hands. If you’re in a 30% tax bracket, that’s $30,000 you could owe the IRS.
At present, this relief from taxation expires at the end of this month, on December 31, 2012. There is a bill extending the relief through 2013. It stems from an original bill that was passed 5 years ago and has been extended ever since: the 2007 Mortgage Forgiveness Debt Relief Act. The big question is will it be extended again?
The bigger question should be what happens if it doesn’t? Are you affected? This is the question I would like every Sacramento area short sale seller to ask an accountant. Don’t go poking around online reading crap that may or may not be true — including this blog. I am not an accountant. I cannot give you tax advice. I am a Sacramento short sale agent. I sell homes all over a four-county area. Lots of them. More than 100 a year. But I don’t give tax advice.
Having said that, I will tell you that accountants have told me that California purchase money loans are not affected. They say it does not matter whether you close this year or next year or ten years from now, if you have a purchase money loan and you live in California, there are no taxes due on that canceled debt. Furthermore, mortgage debt relief is not a short sale exception. If you have to pay taxes for some reason on canceled debt, it applies to foreclosures as well as short sales. So, opting for foreclosure instead of doing a short sale is not going to save your butt. But don’t take it from me, ask your accountant.
Moreover, ask your accountant about insolvency exceptions. If you owe more than your assets are worth, you might be insolvent. Insolvency does not mean you are sleeping under a bridge and holding a sign saying something goofy like you will work for food when what you mean is you would like somebody to give you some money. It means your liabilities exceed your assets. Almost every short sale seller is in that boat. If you are insolvent, the government makes an exception for you.
So, before you get all excited over whether the mortgage debt relief will be extended, please, I beg of you, talk to an accountant. Doing a short sale is stressful enough without adding this little quirk to it. It might be totally unnecessary for you to stress over mortgage debt relief. Read this recent article by reporter Ken Harney in the Washington Post, after he interviewed this Sacramento short sale agent about mortgage debt relief.
An Exception for a Dying Man
I am presently working on a short sale for a seller who is dying from terminal cancer. This short sale seller is trying to get financial affairs in order so his wife is not burdened with more than a broken heart and shattered spirit. After months of negotiation, we are down to the wire. We finally have agreement on terms, conditions and are ready to close between the two short sale lenders. The second lender, CCO through RBS Citizens Bank, says it cannot give a dying man an extra 10 days to close escrow. RBS Citizens Bank says: Merry Christmas and don’t let the casket door hit you.
You might think I am a soft touch who runs around hugging trees and waving the give-my-client-an-exception flag, and you might be partially right, but I am stronger than you might think. As a Sacramento short sale agent, I believe that sometimes rules need to be broken. I don’t always cross the street at the corner — sometimes I jaywalk — but I don’t run through red lights. I am not asking RBS Citizens to do anything against the law, we’re asking to give a dying guy and his family a break and let them close by New Year’s Eve.
The negotiator wants to start over with the short sale. Starting over means a new BPO and all new paperwork. RBS Citizens Bank has been working on this file since July. It took the bank 3 months just to get the first BPO, which was completed in September. The BPO makes no difference in this situation, really, because RBS Citizens Bank is getting the maximum that Fannie Mae will allow. The BPO is just a technicality.
We had this once approved as a Bank of America Cooperative Short Sale, but RBS Citizens Bank fought with us for 5 months. By then, the Cooperative Short Sale had expired. Bank of America refused to renew or extend the Cooperative Short Sale status. That’s why it took us another 2 months to go the traditional route, but we finally got approval from Bank of America . . . and now . . . now RBS Citizens Bank will not give the buyer the extra 10 days the buyer needs to close her loan. RBS says the approval expires on the 20th and they need to start over. By the time they redo the short sale and all of the paperwork, the seller, quite literally, could be dead.
I don’t know about you, but my heart hurts.
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