DS News

January 2016 - The 2016 Black Book

DSNews delivers stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry.

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28 THE CONSENTED SALE™ PROCESS RESULTS IN A "WIN" FOR ALL STAKEHOLDERS Quicker. Easier. Objective. Transparent. e benefits of a Consented Sale™ creates a "win" for all real property stakeholders. Consented Sales are a significantly better alternative to foreclosure that provide mortgage servicers quicker results with the potential to decrease the cost of their loss mitigation efforts; create greater and easier financial returns to creditors in a bankruptcy estate and administer an objective and transparent process for distressed homeowners to gracefully leave their home and transition to more affordable housing. e Consented Sale™ – or, the "New REO" is rapidly becoming the disposition strategy of choice by loan servicers and Chapter 7 bankruptcy trustees. As a result, there is an emerging source of inventory for real estate professionals nationwide. e US Bankruptcy courts reported 834,096 cases filed in the past twelve months ending Sept. 30, 2015 and nearly one-third of them have real properties associated with them. e trend to liquidate real properties that are either upside- down or have equity continues to grow with the advent of the Consented Sale™. Needless to say, this is quickly becoming a high volume business for real estate professionals who are getting involved. By connecting all stakeholders in the process, including debtors who desperately are seeking relief from the bankruptcy court, we are creating a cooperative and efficient process that avoids foreclosure and quickly sells properties and preserves real property values in communities. Historically, when a loan is in default and the borrower files bankruptcy, the standard practice among mortgage loan servicers to maintain com- pliance is to transfer the file to their bankruptcy department. eir objective is to mitigate compli- ance risk associated with bankruptcy protections for the debtor, monitor the case as it runs its course through the bankruptcy court, and com- plete actions within the court system to transfer the servicing of the loan back to non-bankruptcy protocols. e servicers accomplish this by having their attorneys immediately file a Motion for Relief against the bankruptcy estate in order to ensure that the secured lien holder maintains their rights associated with the loan, which allows them to resume foreclosure proceedings should they choose. Today, mortgage servicers working with BK Global understand that they have several common goals in interest with Trustees and other fiduciaries – as both entities seek to sell over-encumbered properties without going through the foreclosure process, obtaining the highest and best price for properties in a well defined and executed marketing program, remain in compliance with Federal laws and CFPB guidelines while most importantly providing a graceful exit strategy for debtors. Servicers benefit from early contact in the process learning of the occupancy status of the property enabling them to mitigate loss severity from property preservation and shortened sale cycles which positively impacts their daily carrying costs on these assets. Additionally, they get the benefit of a compliant process and outcome for the consumer, overseen by an objective third-party and the bankruptcy judge. is is just the beginning of the Consented Sale™. Our proprietary technology links all stakeholders in the process with the use of the BK Score™, which is quickly becoming the national analytical standard to evaluate the salability of real property and empowers all parties with information to quickly transact. As time is typically one of the biggest detractors to successful closings, BK Global communicates directly with servicers to inform and educate them on each property thus creating positive outcomes for trustees in a way that accomplishes the objectives of selling property through the bankruptcy court process with full transparency. BK Global empowers a national network of bankruptcy-certified real estate professionals that serve as our local experts for federal trustees nationwide. Our agents inspect the property, provide an opinion of value and upload property photos to www.bankruptcylistings.com. BK Global agents understand that proper evaluation of an asset, property preservation of the asset and marketing to qualified buyers produce the highest and best offers in an objective and transparent process bringing about a "win-win" for all parties – on average assets are selling at 98% to the BK Value™ which is far over that achieved through the auction liquidation processes. BK Global transactions are managed online providing buyer's agents the assurance that all offers are reviewed to confirm an arm's length transaction occurs and that the highest and best offers are accepted. BK Global partners with real estate profes- sionals in the sale of these properties taking on the majority of the heavy lifting. e listing broker provides standard listing services such as provid- ing access to the property and placing the property in their local multiple listing services (MLS). BK Global handles the preparation of documents for trustees, online offer management and fulfills the administration of the entire Consented Sale™ process from contract to closing. is includes working with loan servicers to get the approval of what the real estate industry typically refers to as a "short sale negotiation". Register at www.bankruptcylistings.com to learn more about the Consented Sale™ and becoming a certified BK Global agent. For more information contact us at info@bkginc.com SPONSORED STORY CA FL IL GA OH TN MI TX NY IN AL NJ VA PA MO WI WA MD AZ KY NC CO LA UT OR MS MN PR AR NV 0 10,000 20,000 30,000 40,000 TOP 30 STATES FOR CHAPTER 7 & 13 BANKRUPTCY COURT CASES Total 834,096 cases in the 12-month period ending September 30, 2015 - Source: USCourts.gov *AK, ND, VT, DC, WY, SD, MT, HI, ME, NH, DE, RI, WV, NM, ID, NE, IA, CT, KS, SC, MA, OK each had under 10,000 cases in the same period. CHAPTER 7 CHAPTER 13 50,000 60,000 70,000 80,000 90,000

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