SB321 = LAS VEGAS 內華達 NEVADA 房市屋源 將更緊俏 !!!
LAS VEGAS 內華達 NEVADA 房市屋源 將更緊俏 !!!
今年十月起，內華達州又有一條新的「屋主權益」新法開
始實施，規定貸款銀行不但要指定一名行員，專門為付貸
款有困難的屋主處理並記錄他和銀行交涉時的一切程序；
銀行如果要對一棟房屋辦理止贖登記之前的30天，必須得
想盡辦法通知到屋主；假如溺水屋主正在進行短售房屋，
銀行不得妨礙中止短售而將該棟住宅止贖查封；銀行不可
再要求短售屋主簽署不得出售給認識的親友否則將有刑責
的同意書。
由內華達州議院通過的SB321屋主權益法案，用意在幫助
有困難，又得不到任何協助的屋主，過去已接受到五大銀
行資助內華達州屋主的人，不可以再受惠於這項新法，它
是針對向小銀行及貸款機構取得房貸的人。
為溺水屋主短售少於貸款總額部分免罰的特別法案，延至
今年底結束，內華達州在過去二年中，有許多屋主把房屋
經由短售把住宅賣掉了，避掉了一些可能被銀行收回的煩
惱，銀行為了防止有人用低價短售房屋給親友先解套，自
己再去用很低的價錢再買一棟房屋變相獲利，於是要求短
售屋主簽不能賣給親友的「Arm's Length Agreement」，
如果簽了合同的屋主違反約定，就犯詐欺罪。
新法出來後，造成什麼影響呢？最直接的是以後買主很難
買的到屋主短售的房子，他可以光明正大的短售低價賣給
親友，應該不會把好處讓給不認識的人，父母短售房子給
兒女，賣屋給自家兄弟姊妹的情況將非常普遍。
行走在拉斯維加斯的一些大街上，路邊的廣告看板可以見
到律師打的廣告詞，鼓舞屋主「短售而不必搬走」，說明
了律師有辦法鑽漏洞，所以想買短售屋的人，將很難買到
價格便宜且銀行同意的短售屋了。
加州比內華達州早五個月推出類似內華達州屋主權益新法
案，實施以後加州房市產生的效應是許多已上市短售的房
屋紛紛撤出市場取消，即便已經進入Escrow，房主不賣了
。銀行查封長時間未繳房貸的房屋更難，市場上待售之屋
更少，房價因而漲了25%至30%。加州的前車之鑑，內華達
積欠房貸的屋主將得到更多的合法保障，用不著急著短售 ，房市屋源更緊俏。
會把握機會的買主，可以趁年底前利息未漲、房價暫時止
住上升之時，買賭城全新屋，新屋建商現在延後訂出下一
批新屋的房價，所以訂購上一批新造，以舊的價錢買蓋好
的新屋才合算。
位於韓德森市的惠特尼莊園，目前有這種房子將推出來賣
，但數量不多，信和地產有為買主免費管理一年的服務，
而且建商贈送全屋家電、窗簾。協助大家順利購屋，管理
省心，完成最好的投資。看惠特尼莊園三車庫新屋照片去
www.1689wr.com。
http://www.reviewjournal.com/business/economy/will-new-nevada-foreclosure-law-slow-housing-recovery
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But shielding homeowners is at least as vital as promoting housing recovery, said Troy Atkinson, a Las Vegas attorney who represents homeowners. For owners behind on their payments, the new law is a “game-changer,” he said.
“It’s not only going to force banks to review homeowners’ application for assistance, but give them a fair chance to get something done,” he said.
Here’s what the law requires: After Tuesday, your bank will have to notify you 30 days before it files an initial notice of default to start foreclosure. It must try to contact you at least three times at different hours on different days.
The bank also must tell you about alternatives to foreclosure, such as short sale or mortgage modification.
When you apply for a modification, it’ll have to give you written confirmation that it received your packet.
Then the bank will have 30 days to decide on your request.
If it needs more documents, it must give you 30 days to come up with them.
And you get to appeal a decision if it’s not in your favor.
Atkinson said that means an end to banks constantly “losing” modification applications, or calling off deals when homeowners can’t produce supporting paperwork within a day or two.
Plus, the law bans banks from dual tracking, or trying to foreclose while also working out a short sale. Nor can they require proof that you don’t know the person you’re short-selling to.
So after Tuesday, you could short-sell to a friend or relative, then buy back your home as a way to lower your principle – a move banks resist because homeowners might sign for a mortgage knowing they can later collude to renege.
What doesn’t change? The Nevada Association of Realtors says the bill of rights won’t let you stay in your home longer without making your payments. Nor will it apply to community banks or credit unions that have foreclosed on 100 or fewer homes in Nevada.
Banks are actually on board with the law, said Bill Uffelman, president and CEO of the Nevada Bankers Association. They helped write parts of it, including the carve-out for smaller institutions and the documentation of attempts to reach homeowners. They also got legislators to agree that big banks complying with a settlement with the state attorney general already technically follow the bill of rights. Those banks include Wells Fargo, Bank of America, Citibank and Chase.
Bankers even see positives in the strict requirements for documenting contact with homeowners. Plenty of borrowers “game” the system, Uffelman said, trying to delay foreclosure by not responding to banks. Homeowners also get just one chance to work out an alternative. If they don’t respond within 14 days, the offer is off the table.
The real problem, Uffelman said, is that the bill of rights is yet another in a long line of laws and regulatory tweaks keeping banks from foreclosing and the market from returning to normal. He pointed to foreclosure trends driven by each new law, as banks hit the pause button to digest the changes.
Notices of default ran at 4,000 a month in mid-2011. But in October 2011, a state law required signers of default papers to have personal knowledge of promissory note ownership. Notices plummeted to fewer than 100 a month. They crawled back up to 1,662 filings in April, but in June a law that loosened the personal-knowledge rule kicked in, and filings again fell to fewer than 100. They bounced back to 1,419 in August.
To Keith Lynam, legislative chairman of the Nevada Association of Realtors, those numbers prove nothing except that banks will grab any excuse to delay foreclosures. Federal rules say they don’t have to write off a home as a bad asset until they actually repossess it, so it’s in their interest to string things along, he said.
“We have had four months to review this law. It’s not a sophisticated law,” Lynam said. “It’s pretty black-and-white. I’m not sure how anyone with the banks’ financial and legal wherewithal can have so much trouble figuring out a law.”
Still, Uffelman and Smith said there’s no doubt notices will take a dive again in October, if only because the law requires a 30-day heads-up to borrowers before banks file foreclosure paperwork. How long it takes for foreclosures to come back is anyone’s guess, Smith said, but he noted default filings in California have yet to recover from a similar law that passed Jan 1.
“Those of us who thought there’d eventually be a bunch of distressed houses dumped on the market — well, it doesn’t look like that’s going to happen anytime soon,” he said.
Contact reporter Jennifer Robison at jrobison@reviewjournal.com or 702-380-4512.
