With you, Josh, John grant, Jerry Ballad, I’d say we got the TOP 20% in the world….You know what they say about the bottom 80%? LOL

The Pareto principle (also known as the 80-20 rule,[1] states that, for many events, roughly 80% of the effects come from 20% of the causes.
Congratulations, Gentlemen! and thank you!

Sergio, You are very kind. Since arriving at the venue just a few hours ago it has been great to see so many friends. At SREC students become friends.

SOS!!! HELP!!!

I am on the other side of short sale issue.

My brother and I purchased a condohotel in Hawaii several years ago (It is not owner occupied. My brother lives in California and I live in NYC) but because of the downturn in the Hawaiian economy we have had to discount it by half to get it rented. This however is far from sufficient to cover our mortgage and other expences.The last payment we made was in August 2009 and we just missed having the property sold at auction. We submited the paperwork they requested and then a week or two later they requested it again which we updated and resubmited paperwork and hope receive postponment until February 12, 2010. They are going to review the documentation we sent them to see if something can be worked out. We have it listed with a local broker for possible short sale

This is a tremendous investment on our part and would hate to let it go but the payments are onerous for us. Do you have any recommendations? How to find someone in Hawaii knowledgeable in how the foreclosure process actually works in Hawaii. i.e find a knowleable lawyer. Is there a way of demonstrating that it might be more expedient to work with us rather than selling for much less at auction or short sale. We asked the local broker in Hawaii for a recommendation and she replied as follows:

“” My co-workers have told me that the local attorney’s are so overwhelmed with all of this “new” scenario that they really don’t know enough to assist clients and hence it is a waste of time and money.”

She further suggested:

“After researching with my co-workers it appears that you probably should contact an attorney on the mainland to get in touch with your mortgage company since they are far more knowledgable about the “short sale” issue and can work with the mortgage company on yours and (brothers )behalf.”

Do you know any attorney’s or anyone knowledgeable about Hawaii practice. I would think you need someone familiar with state law and procedure

We are not sure who gave us the original mortgage but we think it was probably GMAC MTG because my credit report commented that they “transferred or sold” a loan in March 2006 for the amount we owe and it was about that time. GMAC is not on the public record. The public record indicates my brother and I as grantor and MERS as grantee March 24, 2006.

ASC was the party we were sending our mortgage payments and is also the contact for the for the foreclosure. In googling I that ASC is actually Wells Fargo. This is how they describe their involvement:

“America’s Servicing Company (ASC) is a division of Wells Fargo Home Mortgage that services loans for other investors under the America’s Servicing Company name.
The vast majority of America’s Servicing Company mortgages were originated by other lenders, packaged into securities, and sold by those lenders into the secondary market.
As a result, Wells Fargo had no involvement in the origination or underwriting of the vast majority of loans serviced”

However the the non-judicial foreclosure was listed as follows:

Beneficary: HSBC BANK USA NATIONAL ASSOCIATION. AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATION SERIES 2006-AF2.

HSBC being cited as beneficiary and mortgagee in document but ASC is the contact in the foreclosure. The address for HSBC and ACS is the same. Except for the foreclosure HSBC and Nomura doesn’t appear anywhere else as far as I know.

This mortgage has evidenly been bundled and from what I understand a payee receives a portion of a payment derived from many underlining loans( isn’t this a “derivative”). I further understand that many defendends in a foreclosure and stated that only the original lender can foreclose etc. Is my understanding correct?Can you elucidate on this and help us with a possible defense .

The opinions I have received are that the best solution is still a short sale and that trying to force the original lender to produce the note in the words of one respondent belongs to a “twinky” defense theory.

I originally heard you on a webinar and was favorable impressed. You seemed to have at least a cursory knowledge laws outside your native state. You in fact mentioned Hawaii as a problem state but indicated that you may know away around the problem.

Any advice would be greatly appreciated.

Many Thanks.

Paul Z

Paul,

In response to your blog post please be advised that I have provided this information as well as your email address to two different reputable investors that work in the Hawaii market. Until such time as they contact you, it is going to be important for you to gather all of the necessary paperwork that would be required for a short sale as well as take all necessary steps that you can do in order to postpone any pending foreclosure auction.

Finally, it is going to be important for financial information from all of the individuals particularly your brother and yourself to be available in order to document the actual legitimate hardship over and above just the severe decline in property value.

Jeff Watson