The REO Market has recently had changes in Hawaii due to Act 48 which was enacted in May of 2011. The Act stipulated that there be a moratorium on foreclosures and that the lenders had to meet with homeowners prior to foreclosing on their homes. If foreclosure went forward they would have to file a Judicial foreclosure which costs time and money for the lender.

We had inventory "shadow inventory" that the lenders are still able to process and sell as long as the Maui foreclosure happened prior to the new law's date. Currently there are 55 Residential Foreclosures showing active on Maui's MLS and 36 Condos compared to short sales at 68 for Residential and 62 for Condos.

Many owners knowing that the courts are tied up are waiting it out. Others who once tried to get a loan modification and were turned down are now trying again. Leverage is there now that the banks have to go through the Judicial foreclosure process.

I've represented over 75 Maui short sale owners and I am encouraging folks to modify if they can. If not short sale is an excellent option. The Judicial process may be slow but one bad potential outcome is that they lender asks for a deficiency judgement for the balance owed. In the non-judicial process lenders for the most part forgave the difference, but if they have to spend time and money they may not be as willing.

For further information please visit our website: www.FineIslandProperties.com or email me at Mauigina@gmail.com

I look forward to assisting you with your Maui Real Estate needs.

New HI Foreclosure Law: What you should know...

Act 48: Hawaii Relief has arrived in the form of our new foreclosure law just enacted. This gives real power back to the people and makes lenders meet face to face with the borrower prior to foreclosure.

Many of our short sale clients have complained (and rightfully so) that they felt disenfranchised from the process of negotiating with their lender for a loan modification. In some instances they were told by their lender unless they were late in payments they wouldn't get modified. So late payments equalled bad credit and the banks still didn't modify their loan, and many times claimed paperwork was "missing" or not turned in. These were the same excuses from lenders that we have seen for years working with short sales.

Overseen by the Department of Commerce & Consumer Affairs, Office of Administrative Hearings, with assistance from Judiciary this new law will require lenders to file with the Department prior to foreclosure process beginning. The Dept will then notify all parties and if an owner occupant (having lived in home for 200+ consecutive days) wishes to mediate then both parties are given date/time to meet. There are minor fees involved required from both parties.

If the Mortgagee is pursing a non-judicial foreclosure both parties are required to participate. The program is slated to begin on or before Oct 1, 2011 and not end until Sept 30, 2014.

Certain requirements from the owner are required including list of items to bring to the negotiating table.

To read more on Act 48 click on the link below.

http://hawaii.gov/dcca/oah/mfdr/mortagage-foreclosure-dispute-resolution-mfdr-program

Foreclosures & Short Sales What does a Homeowner Do?

In our business the Fine Island Properties Team handles short sale listings as well as assisting buyers who wish to purchase REO (Foreclosures).

We receive calls from Sellers that are having financial trouble and wonder what to do. I always advise to first seek your tax advisor and a foreclosure/bankruptcy attorney's advice.

We also advise NOT TO WAIT.

Waiting and doing nothing severely hinders your options when it is time to decide which direction you would like to proceed.

Don't even wait till you have missed payments. Consult us regarding short sales, and keeping your home by contacting your lender. Their are many FREE options for homeowners.

We also advise to not pay anyone for services to save your home unless you consult your attorney first. Most homeowners can communicate directly with their lender FREE.

Please call us today if you think you may be heading into trouble. We will arrange a CONFIDENTIAL meeting to discuss how the Fine Island Properties Team might assist you with kind and compassionate service.

Aloha, Gina Duncan, R (S) Team Leader FIP

Fineislandproperties@gmail.com

Relief for Tenants Renting a Foreclosed Property

We were given notice today that relief is on the way for tenants that find themselves in the unfortunate situation of renting a foreclosed property.

The government passed legislation (read article from RAM below) that will give tenants time to move out if they have a lease. If the new owner wants to occupy or there is no lease than tenants won't have it as easy. Most lenders foreclosing in Maui offer "cash for keys". They offer the tenant a substantial some that would allow them to even pay a mover to move them out of the home quickly. It is good the government is stepping up and giving tenants a "safety" net.


What is the fundamental issue?
S. 896, the “Helping Families Save Their Homes Act of 2009” included some provisions to protect tenants from eviction as a consequence of a foreclosure affecting the property being rented. Many examples were seen of families living in rental housing throughout the United States who were evicted without any prior notice when the home where they had lived was foreclosed upon. Much of the time, the rental family had no idea the home was in delinquency or subject to foreclosure until their eviction.
I'm a Realtor®. What does this mean to my business?
Notification will have to be provided to tenants of rental housing before they can be evicted following a foreclosure.
NAR Policy:
NAR supports programs to reduce the impact of foreclosure on communities.
Legislative/Regulatory Status/Outlook:
Under the new law, which went into effect on May 20th, tenants will have to receive 90-days notice prior to being evicted, when their rental home is foreclosed upon. In addition, tenants must be allowed to stay in the property through the end of their lease, with two exceptions:* The new owner wants to occupy the property as a personal residence, and* There is no lease (month to month), or there is a lease but state law allows the lease to be terminated at any time upon notice.Even under these exceptions, the tenants must be given 90-days before they can be evicted. Notification must be provided by the “immediate successor in interest”. In some cases, this notification will come from the bank (when they assume the home), and in other cases it may be the new owner. Much will depend upon state law. A number of states have existing laws protecting tenants. This law will preempt existing state law, except where the state law offers greater protection.The protections of this law apply only to “bona fide” tenants – who have a written contract, the lease was the result of an arms-length transaction, and the rent is not substantially less than the fair market rent for the property. Under any conditions, tenants may still be evicted if they violate the lease terms.These provisions expire on December 31, 2012.