October 1, 2007

Bargains At The Sheriff Sale - Really?

This Saturday, the New York Times had an article about foreclosure auctions which explained that there are not as many bargains at these sales as one would think. Even with the record number of foreclosures happening across the country, homes in foreclosure only represent 2% of all mortgages.

Many people believe that with all of these homes going into foreclosure that it is easy to find bargains at the sheriff sale. I can tell you from experience, it is not. I have seen many inexperienced first-time buyers, or novice investors, attend sheriff sales and either pay too much for the property because they didn't do their research before hand to know what the property was actually worth, learn what repairs the place needed or they just got caught up in the excitement of bidding (what is an extra 1, 2, 5 10 thousand+? - I am still getting it at a steal!)

The pitfalls of buying at the sheriff sale is not reserved to people looking to buy a home for their family to live in. Novice investors lured by the prospect of making a large profit also fall victim at the sale. From the NYT article:

Many investors have a real estate or construction background. Others sign up for classes. After taking a seminar in buying foreclosures, Todd Vela, a salesman for a nutritional supplement wholesaler, bought two houses nearing foreclosure last fall not far from his home in Grand Rapids, Mich. He said he paid about $20,000 for a dilapidated four-bedroom house in a neighborhood where other properties are worth triple that. He said the house needs $25,000 in repairs, including a new roof and new kitchen, and he hopes a contractor will buy it as-is for about $40,000, though he would take less. On the second home — an 1,800-square-foot four-bedroom — he paid about $60,000 and made $5,000 in cosmetic improvements. He hopes to sell it for about $90,000. Even though Mr. Vela has not been able to sell either house, he remains upbeat about buying foreclosed properties and intends to resume shopping once he sells one of his investments.

“I’ve been good on picking up properties, but I haven’t been good on an exit strategy,” said Mr. Vela, who paid cash. “I’ve had to hold them longer than I originally liked. That’s O.K. That’s part of the game. It’s affected my holding times but not my profit.”

The current real estate market is unstable and extremely volatile. An increasing number of people that we work with are investors who got into the market at the top and are either at risk of losing their investment property in foreclosure, or are bleeding money each and every month.

If you are a homeowner or investor that wants to sell your home or investment property contact us today.

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September 5, 2007

Beat The Competition - What Sellers Need To Do So They Can Sell

Gregg Swann at BloodhoundBlog posed an interesting question a few days back - What Can Sellers Do Differently To Get Their Houses Sold?

In his post Greg uses a hypothetical situation, although in much of the nation I have to believe the suggested scenario is true, where there are three houses on the same street that are for sale. Each of these houses comp to one another (same sq ft, bed/bath construction) and they are all priced within $1000 of each other.

Now for the kicker - NONE OF THE HOMES ARE SELLING The first house is in the best shape, has the most curb appeal and is clearly the first choice if a buyer was going to pick one of these three. The second house needs some updating in its paint but is a solid value for the price. The third is a rental that has not been updated in years and has been vacant for months. The last tenants had to be evicted and damaged the interior.

Clearly, even the best of the three is overpriced for this market. How can we tell? Because it isn’t selling, even though it’s the pick of the litter.

What does that say about house number two? And what conclusion might the seller of dowdy, run-down house number three draw, if he were of a mind to draw conclusions?

Here’s a better question: What might the seller of house number three do differently, if he actually wants his house sold?

Drop the price and unload the problem. Homes are selling in this market. In August 2007 there were 490 Monmouth County homes that sold. As a seller if you want to be included in that number of monthly sold homes, you need to start to think about being flexible in either your price or your terms.

If you have the ability to be flexible and want to sell your property, contact us today.

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June 8, 2007

Eviction Guide For New Jersey Landlords

We just produced another video for the Clearwater Properties YouTube channel. This episode is going to be of particular interest to New Jersey landlords who have problem tenants. In our video we go over the 17 different causes for evicting a tenant under New Jersey law. Since each of the acceptable eviction causes have different notification and procedural requirements, we went ahead and created a helpful guide for landlords which outlines the notification requirements that must be given to the tenant before an eviction suit can be filed.

Watch the video below so you can learn how to get your free copy of this report.

June 7, 2007

Landlord Registration Statement

Landlords in New Jersey must file what is called a Landlord Registration Statement which is a document that contains specific information about the landlord, the mortgage holder of the property, the address of a county representative for the tenant to contact in an emergency as well as the name and address of the property's maintenance supervisor.

If the landlord owns two or less rental units, the Registration Statement must be filed with the municipality in which the property is located. However, if a landlord owns more than two rental units, the registration statement should be filed with the Department of Community Affairs.

Landlords are required to to post the Registration Statement on the property where it can be readily seen and also give a copy to the tenant.

Are you selling your rental property or buying an income property that is already occupied with tenants? If the property has more than two units as the new landlord you will have to modify the existing Registration Statement. Failure by a landlord to follow this and other obligations under New Jersey law could affect their rights during the tenancy.

June 6, 2007

Failure To Pay Rent - A Landlord's Worst (And Most Common) Nightmare

Failure to pay rent. These four words can mean a world of trouble for landlords. In most jurisdictions landlords can evict their tenants for failure to pay rent due and owing. In New Jersey, a state whose laws and courts are very pro-tenant, the use of the words "due and owing" indicates that the Court must listen to any equitable defense a tenant may have which would establish why the rent is not "owing". An equitable defense is one that will show the Court that the rent is truly not owed by the tenant due to things such as the property being in a condition that makes it either unsafe or uninhabitable for the tenant.

Failure to pay rent due and owing is the only ground that does not require a landlord to send notice to the tenant before instituting an eviction suit. Under New Jersey law, the term "rent" is not only limited to monthly monetary payments that are due. Other monies that can be considered rent include expenses incurred by the landlord due to the non-paying tenant such as late charges, insufficient fund fees charged due to bounced checks, filing and service costs for court and counsel fees as well as any non-paid rental installments.

It is important to note that a landlord who accepts partial payment for rent does not waive their right to collect the additional rent due. In order to protect yourself as the landlord, you should send the tenant a letter which states that the acceptance of the partial payment they submitted is not a waiver of your right to collect the balance due.

The remainder any unpaid rent, along with the charges for bounced check and court fees listed above can be pursued in an eviction action provided they are characterized as "additional rent" in the lease agreement.