Homeowners Given False Hope

Following the purchase of a property, whether it is your home or an investment, an owner would like to believe that the property will increase in value over time.  The past few years have shown quite the opposite trend and most Nevadan’s are aware of the decrease in the value of their home or investment property.  This is far from surprising, considering it is nearly impossible to miss the foreclosure signs all across the valley.  It’s just as hard to miss the newspaper, radio and TV news that report the sad state of our economy and fallen real estate prices.  Still, many borrowers do not realize how much value their property has lost.  How can a borrower know the reality when many are given false hope due to inaccurate home value websites and other unrealistic assessed values?

Nearly every day we meet with a borrower who believes his or her house is worth tens of thousands of dollars more than it truly is.  It is not that the homeowner is uninformed, but rather, they are being improperly informed.  For instance, a local realtor recently advised that her client had researched the value of their home on the web and the client believed their property should be listed for approximately $145,000.  However, upon receiving comparables for the community the realtor noted that the home could not be listed for that price but rather should be listed closer to $135,000.  That same home, one month later, still received no activity at $135,000 and is now listed at $129,000.  This situation is not uncommon.

In order to avoid the inflated home value predicament, borrowers should contact a realtor and ask them to provide the borrower with “comps.”  This information will afford a borrower the opportunity to review an appropriate approximation of the true value.  In real estate, a true value can only be reflected by what the market can bear.

Carlos L. McDade, Esq.
Kelle L. Kuebler, Attorney*
*Licensed only in New York and Connecticut

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Nearly 1.7 million homeowners received a foreclosure-related warning between January and June of this year. That translates to 1 in 78 U.S. homes.  It is projected that more than 1 million homeowners are likely to lose their homes to foreclosure this year as lenders work through a huge backlog of borrowers who are delinquent on their mortgages.  The number of households facing foreclosure in the first half of the year climbed 8 percent versus the same period last year.

According to RealityTrac Inc., nearly 528,000 homes were taken over by lenders in the first six months of 2010, a rate that is on track to exceed the approximate 900,000 homes repossessed in 2009.  Nevada posted the highest foreclosure rate in the first half of the year as 1 in every 17 households received a foreclosure notice. However, foreclosures are down in the state approximately 6 percent from a year earlier.

Joshua D. Carlson, Esq.

Avoid Foreclosure with a Deed-In-Lieu?

The latest question in the local real estate market seems to be about the Deed-In-Lieu of Foreclosure and how it can help.  A Deed-In-Lieu of Foreclosure was traditionally a release of all liability on a mortgage note, provided that the borrower hand the deed to the lender and leave the home in “broom swept” condition.  Lately, some lenders have offered cash incentives to borrowers who are willing to accept a Deed-In-Lieu rather than allowing the property to go to Trustee Sale.  The problem in Nevada is that the Deed-In-Lieu of Foreclosure does not necessarily mean receiving a full release of all liability on the mortgage note.  In fact, absent specific deficiency release language, the lender may pursue the deficiency for up to six years with a Deed-In-Lieu, whereas a first priority lender may only go after the deficiency for six months on an actual foreclosure.

Kelle L. Kuebler, Attorney*

*Licensed only in New York and Connecticut