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Eviction: A Property Manager’s Four Letter Word

Eviction: A Property Manager’s Four Letter Word

Evicting a tenant is never pleasant (or easy), but for most landlords, it is unfortunately an unavoidable part of the job. Yet it’s one that the landlord must approach with caution, and a full awareness of all of the relevant state laws.

Tenancy termination laws vary from state to state, so before you proceed, know your state’s law. In most cases, before you can evict your tenant you must first legally terminate the tenancy with a written notice (often called a Notice for Termination with Cause) according to your state’s termination statute. If your tenant doesn’t “perform” (pay back rent or stop breaking the rules) or move, then you can file a lawsuit to evict.

Here I’m going to focus on how to write and deliver a Notice for Termination with Cause.  While the specific legal terminology varies from state to state, there are basically three types of these notices:

  1. Pay Rent or Quit Notices. These notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out (“quit”). In Nevada, where I run a property management company, a landlord can choose to accept partial rent payment and then rewrite a new notice of rent owed.
  1. Cure or Quit Notices. These are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets or excessive noise clause. Usually, the tenant has a specific amount of time to “fix” the issue or violation. A tenant who fails to do so must move or face the possibility of eviction.
  1. Unconditional Quit Notices. These are the hardest to issue because they order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
    • Repeatedly violated a significant lease or rental agreement clause
    • Been late with the rent on more than one occasion
    • Seriously damaged the premises
    • Engaged in serious illegal activity, such as drug dealing on the premises

Unfortunately, some tenants won’t pay the back rent, fix the issue, or leave even after receiving a Pay Rent or Quit or Cure or Quit notice.  If they don’t, your next step is to begin an unlawful detainer lawsuit by properly serving the tenant with a summons and complaint for eviction.

As they should be, state laws are set up to protect tenants’ rights.  But oftentimes they make even lawful evictions complicated.  Yet staying on the right side of state lease laws is critical.  It’s another reason why hiring a property management company to handle the management of your investment property can make great sense.

Stuck with a Las Vegas High Rise Condo?

It wasn’t long ago that Las Vegas was going to experience a phenomenon coined as the “Manhattanization” of Las Vegas. Approximately fifty high rise towers were planned, but in the end only around 12 were ever built. There are many owners of these buildings who own units that they now cannot afford, especially given the high monthly association fees.

Due to plummeting Las Vegas real estate prices, many of the owners of high rise condos are now upside down on their mortgages as well. It is a myth that mortgage holding banks will not consider short sales on these investment properties. This is untrue. As long as we have an offer that provides for a better return than a foreclosure, the bank will generally consider a short sale.

Generally, with a short sale, a seller must possess a financial hardship (job loss, decreased income, divorce, moving out of the area for work, death of an owner, medical hardship). Now some owners of these owners may not have a classic hardship but are planning to let the property go anyway. Banks may still want to consider a short sale. In this strategic default scenario sellers may not be able to simply walk away without making a cash contribution, but if a settlement can be reached for 10-20% on the outstanding balance for a full release, this can be preferable to many borrowers who don’t want to foreclose and simply want to settle their debts.

If you don’t have classic hardship, a full team of professionals will be needed: tax advice, asset protection attorney, a REALTOR® with short sale experience where the sellers have assets. In our short sale department here at Shelter Realty, we can make recommendations for attorneys and tax preparers to help you get the answers you need to make the right decision on whether to list your condo unit.

Paul Rowe is the managing agent for the short sale division at Shelter Realty Inc. He may be contacted via email: info(at sign)shelterrealty.com or by calling 702-376-7379.

Las Vegas Short Sale Info: Chase offering some borrowers up to $30,000 as a selling incentive

Chase Bank is paying up to $30,000 as an incentive for borrowers to do a short sale. This program has not been well promoted by Chase. In fact, the only way to know if you qualify is to call their Customer Service Department.

I called Chase directly for details and I was told that borrowers would have been notified by letter. From what I can gather, you can’t apply for this incentive. Either, your loan is included or it isn’t. It seems the prime candidates are persons whose mortgage loan was originally a Washington Mutual Loan (WAMU).

It is also important to note that $30,000 is the maximum they will pay and your incentive, if offered, may be lower depending on geographic area and the loss the bank is incurring by accepting the short sale.

Paul Rowe is the managing agent for the short sale division at Shelter Realty. Contact him directly for any short sale questions by emailing: info(at)shelterrealty.com or by calling 702-376-7379.

What You Should Keep In Mind Before You Downsize Into Your New Las Vegas Home

There are many different reasons why people downsize – they retire, get divorced, become empty nesters or are just tired of paying for (and maintaining) a larger home. But before you move from your 5,000 square foot Las Vegas home to a bungalow, you should…

…remember location, location, location.  Even though your kids don’t live at home anymore, the proximity of your local school (and how well it’s ranked) will influence your property value. Remember, schools (with good test scores), taxes, public transportation, highways and shopping all impact the value of your home.

…keep all costs in mind.  Costs to remember when buying either a home, condo or town home (besides the down payment, closing costs and mortgage) are HOA fees, building and maintenance fees (pool, tennis courts or fitness rooms) or assessment fees (for common area renovations, for example). Try to get an idea (either through association meeting minutes or from copies of HOA invoices) to how much fees have gone up in the past and if there are any planned for the future.

…picture yourself in the future.  Visualize yourself living in your smaller home when possible health conditions may surface. You don’t want to buy a multi-level home (with many stairs) if you have hip or knee problems. You also want to think about where (and how high) you kitchen cabinets are. Is grabbing your morning coffee mug going to be a problem because you can’t reach it without using a stool? Remember, downsizing is supposed to make your life easier – not more complicated.

…size up your stuff.  Oversized furniture fits and looks great in your 5,000 square foot home, but may look cramped and stuffy in your new smaller place. See if you can sell your larger pieces of furniture, then take the sale money and buy separate pieces that fit (and can be moved around) in your new home. This is also a good time to de-clutter and streamline your possessions. There’s no point moving things that you don’t want or have room for.

There are many homes on the market in Las Vegas that are perfect for downsizing homeowners. Give one of our agents a call at (702) 376-7379.

Marketing Your Las Vegas Home

Just as successful businesses don’t use one single marketing strategy to the exclusion of all others, so is it with real estate.  Successful Las Vegas real estate agents use a number of marketing tools to market their clients’ homes.  That said, some are more popular than others.

Listing online.  Once the mainstay of real estate marketing, newspaper ads have become dramatically less popular.  With the rise of searchable home listing sites like REALTOR.com, Zillow.com, Trulia.com, and others, flipping through the pages of a physical newspaper is, for most buyers, so 1999.  And that’s the key in successfully marketing your Las Vegas home to sell – going where the buyers are.  Sure, you can get a killer deal on a 1/4 page ad in the newspaper, but if very few buyers read it, what’s the point?

Another benefit of advertising listing online is the ease of measurability.  You can easily measure the number of impressions your ad or listing received (how many times it appeared on a page that a web visitor was looking at), the number of clicks on that ad or listing, and more.  That way, you can see what’s working – and what isn’t – and make smart changes in response.

It’s all (or partly at least) about who you know.  They say that most real estate transactions are the result of connections.  That’s why the best real estate agents have extensive networks of other buyers’ agents and sellers’ agents who act as one big referral network.  That way, I can target my clients’ listings to buyers’ agents who help buyers in that particular neighborhood, for example.

Market, then market some more.  At the end of the day, marketing – online, offline, through connections, with a yard sign, whatever – is how you’ll get the word out about your home for sale.

When interviewing real estate agents to help you sell your home, ask about their marketing strategies – ask how they spend on advertising and where they advertise. (How much money a real estate agent spends on marketing is not nearly as important as how he spends it.) Ask what kind of innovative technologies they use to market your home.  And perhaps most importantly, ask to see the proof.

Ask me how we can market your Las Vegas home for sale.  Call us at (702) 376-7379 or contact Shelter Realty online here.

Is Your Las Vegas Neighbor’s Home an Eyesore? What You Can Do About It

They’re a growing problem, especially in those Las Vegas neighborhoods most heavily affected by foreclosures. You know who they are – they’ve got weeds as high as corn and chipping paint on the outside of their homes.  They can wreck havoc on the value of any neighborhood.

No one wants to live near an eyesore and have to see that mess every day.  But homes like that can also affect whether or not buyers will buy in your neighborhood.  It’s bad enough living near an eyesore, but if you’re a buyer, of course an eyesore is going to affect whether or not you buy. Why?  You know, who wants to live next to an ugly house or yard?

And remember, the kind of neighbors who don’t keep up their homes and yards are the kind of neighbors who can be problematic in other areas – loud noise, disruptive behavior and police visits at all hours of the night!

For those reasons, if you’re thinking about selling your Las Vegas home and there’s an eyesore nearby, you’ve got to do something about it. After all, it’s still a buyer’s market and competition is still tough. To maximize the chances of selling your home (and selling it for the most money), you want your neighbors to be “on their best behavior.”

What you can do about it

. . . If the home has been foreclosed (or is being foreclosed and is empty), then it’s the bank’s responsibility to maintain the home – especially if there’s an HOA or city code. You’ll have to investigate what the codes are (no weeds, overgrown shrubs or peeling paint, for example) to determine if the home is in violation of any codes.

Since most Las Vegas bank-owned homes are listed for sale by a real estate agent, you may be able to call the listing agent and point out the problem. If that doesn’t work, file a complaint with the HOA or city code department.

Resolving the eyesore problem may take time, so one of the quickest (and easiest) ways to get the problem fixed is to clean things up for yourself. Band together with your other neighbors to at least remove weeds, mow the grass and trim shrubs.  Be sure to get permission from the owner before your start; you don’t want to be charged with trespassing.

. . . If the home is owner-occupied

If someone lives in the home, use tact and diplomacy when confronting them about the problem. Try talking to them face-to-face (maybe bring over some fresh baked cookies or cupcakes to ease any tension) to resolve the issue. If the lawn needs to be cut, then bring some names and phone numbers of lawn service companies with you.

Explain why their untidy yard is important to you and your neighbors and that you are willing to help them if they need it. If kindness doesn’t work, then file a complaint with the HOA or city code department (again, assuming that the problem is an infraction of the code). Most HOAs take those kinds of complaints seriously and will work hard to resolve the problem.

If you’re thinking of listing your Las Vegas home for sale, give our agents a call at (702) 376-7379 to see how we can help you.

No Money for Your Las Vegas Down Payment? No Problem, FHA Is Here

If you’re a first-time homebuyer, or you’re selling your current home but don’t have a lot of equity built up, saving 10 or 20% (or even 5%) of the value of your next home can seem like a tall order.  Fortunately, you may have another option.

Federal Housing Administration (FHA) to the rescue

FHA-backed mortgages still feature a 96.5% loan-to-value option, meaning that you can borrow as much as 96.5% of the value of the home you’re buying.  And, your 3.5% down payment can come from a family member or your employer (“gifted” down payments are typically not allowed by conventional lenders).

They’re called “FHA-backed mortgages” because the FHA doesn’t actually lend the money; instead, the loan is underwritten by an FHA-approved lender and insured by the FHA (so that if the borrower defaults, the FHA pays the lender).  It’s all done through what’s called the 203(b) Mortgage Insurance program.  Some key notes about it:

  • You’ll pay a mortgage insurance premium, part of which is required up front and part of which you’ll pay annually.  You can  finance the upfront mortgage insurance premium into the mortgage.
  • You have to meet standard FHA credit qualifications, though they’re often more relaxed than conventional mortgage qualifications.  Qualifications include not having a bankruptcy or foreclosure on your record within the last three years.
  • The amount of the loan is limited and new changes to loan limits take effect October 1, 2011 (learn how the changes may affect your Las Vegas home purchase).

The upshot

The state of Nevada also has several options that may help you purchase your Las Vegas home.  The bottom line is that you might not need to squirrel away 5, 10, 15, or 20% of your next home’s value in cash.  With an FHA-backed mortgage, you can buy a home with 3.5% down – and with the help from a professional agent, you can be in your new Las Vegas home sooner than you think.

To learn about your Las Vegas down payment options, please give Shelter Realty a call at (702) 376-7379 or to view our many affordable Las Vegas homes for sale, visit www.shelterrealty.com.

Las Vegas Neighborhood Spotlight: Glide Over to Aliante

There are currently 260 homes for sale in the Las Vegas 89084 zip code, which includes the master planned community of Aliante. Located in North Las Vegas, this 1,905-acre community includes a mix of homes, retail and dining centers, plus 428 acres dedicated to recreational and public use.

Nestled where the desert meets the foothills, Aliante offers a vibrant community life – mixed with outdoor family recreation and plenty of open space. There are 3 parks, a man-made scenic lake, a water play area and 24 miles of interconnecting trails set against the natural arroyos.

Homes for sale in Las Vegas zip code 89084

According to public data records complied by Trulia, between May 2011 and July 2011, 505 homes sold at a median sales price of $162,000. That price is 0.8 percent lower than the same period (May-July) one year ago. In other words, if you’re looking to buy a home in Aliante, now is a good time to get a great deal.

The median sales price of homes in the 89084 zip code (including Aliante) was 54.29 percent higher than the median sales price for North Las Vegas, NV (again, according to public data records complied by Trulia).

Things to do in and around Aliante

A unique Aliante attraction is its 20-acre Nature Discovery Park. Your children would love to dig for replicas of fossilized dinosaurs in the Dino Dig sandbox. This fully-fenced playground has big kid slides, a tot play area and sprinkler water pad. Outside of the fenced area is a man-made lake (complete with waterfalls), soccer fields, and a volleyball stadium – in warmer weather, you and your family can enjoy watching an outdoor movie and or listen to your favorite local band perform during one of the many music festivals.

If you want to take a hike, throw some dice or hit the fairways, Aliante is near some of the valley’s best natural and newest attractions.

Sheep Mountain Range:  Part of The Desert National Wildlife Refuge, this range is a natural bighorn habitat. The sheep can be seen during the cooler part of the year (from late fall to early spring) – a great time for you and your family to be out enjoying the valley’s beautiful weather and natural environment.

Aliante Station Casino: This casino has it all (except the noise and crowds of the strip). The casino has a hotel with pool (complete with cabanas), rental halls, slots, game rooms, several restaurants, and entertainment. Why hit the strip when you can be in this brand new casino in a matter of minutes!

Aliante Golf Club: Awarded the “Best New Course in Las Vegas” by Vegas Golfer Magazine, this 18-hole championship course was designed by golfing pros and incorporates local desert plants in the landscaping. This picturesque course is fair yet challenging – you’ll want to bring your whole family.

If you want to take advantage of the current housing market and sell your Aliante home or if you’re ready to buy your new Las Vegas home, please give our agents a call at (702) 376-7379.  You can also view our listings of Aliante homes for sale at www.shelterrealty.com.

Recent Homes for Sale in Aliante

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Nevada Short Sales: What is a Deficiency Judgment?

Once a property is sold at foreclosure or when the property is sold as a short sale, there will be a remaining deficit of what is owed to the lenders who are holding any mortgage debt. While state laws may affect what constitutes as deficiency, usually it will be the difference between the original loan amount plus any past due interest, less fair market value of the home. Most often the sale price will be accepted as fair market value.

Example: A home with a $360,000 mortgage balance is sold on a short sale for $230,000.  This creates a roughly a $130,000 deficiency amount.

If the state the property is located such as my State, Nevada, the loan is likely a recourse loan and the bank experiencing the deficiency has the right to pursue that borrower after the property is sold. Banks in Nevada have 6 months to file suit for a deficiency judgment after foreclosure or in the case of a short sale in which the deficiency rights have been retained. For loans generated after Oct 1 2009, banks will not have the ability to pursue a deficiency, if the home was purchased and occupied as a personal residence. Don’t despair homeowners, in many cases, a good REALTOR® can frequently get that deficiency waived for you, even if state law does not automatically protect you.

Getting a deficiency judgment is not a simple matter for the banks. They actually have to take you to court and win a lawsuit against you. This must also be accomplished within a very limited time frame. Remember all of those hastily written mortgages that were bought and sold over and over during the real estate boom?

Paul Rowe lists and sells shorts sales for Shelter Realty. He can be reached at 702-376-7379. You may also email him at paul @ shelterrealty.com.

6 Tips for De-cluttering Your Las Vegas Home Before You Hang Your “For Sale” Sign

Do you want potential buyers to see your beautiful hardwood floors, granite countertops and custom built-in bookcases? Well, they won’t if you have furniture, knick knacks, and piles of stuff covering every square inch.  Indeed, clutter can (and probably will) drive buyers right out your front door.

You don’t need to throw things out (although this would be a good time to “simplify” your belongings before you move), but getting them out of sight (not crammed into closets and under the bed) is a good idea. Here are 6 de-cluttering tips to help you prepare your Las Vegas home before it goes up for sale:

#1: Remove most appliances from your kitchen counters. If you have a counter microwave, then removing it may not be sensible (you use it every day and it’s big, besides) but stowing your coffee maker and toaster after breakfast is a good idea. Showing as much counter space as possible will make your kitchen look larger.  Buyers love to look at the kitchen, so make the most of your space.

#2: Reduce the amount of stuff in your cabinets, closets and built-in bookshelves. Even though I just said to store appliances away in your cabinets, you’ll want to eliminate excess and unnecessary items stored there. You’ll want your closets to show how organized they can be (not how much you can cram into them). Potential buyers are buying the closets, built-in bookcases, and cabinets along with the rest of the home, so show how spacious they are.

#3: Clean up the kids’ stuff (their bedrooms, playrooms and wherever they leave their things). Kids’ toys, books and games tend to scatter throughout a home, but they’ll be distracting to potential buyers. Use bins, totes and baskets for sorting and storing (don’t forget to label everything).

#4: A sparkling bathroom indicates a well-maintained home. Most buyers judge a home by how well a bathroom looks (and smells). If you’ve taken care of your bathroom (it works properly and is clean), then most likely you’ve taken care of the rest of your home (fewer repairs for a buyer). Again, store everything out of sight (even your rubber ducky!). Don’t forget to clean out the medicine cabinet – yes, buyers definitely snoop in there!

#5: Remove all bills, newspapers and magazines that pile up around your home. Paper can be very distracting and take the focus off of your rooms and onto your messes. As you remove these items, dust and clean (plus sort, discard and file any papers).

#6: Remove and/or rearrange your furnishings. Now I am not saying get rid of your heirloom grandfather clock, but if it blocks a hallway or door entrance, then move it or put it in storage. Take down family photos and other personal decorations (sorry, the hunting trophies need to go into storage). Again, it’s the house that buyers should be looking at – not your daughter’s kindergarten graduation picture.

I know some of these de-cluttering tips can be a pain, but they can help sell your Las Vegas home (and, let’s be frank, sellers need all the help they can get). Our agents can help you determine where and how to de-clutter – and give you all the other tips that will help you sell your home for more money in less time.  Give us a call at (702) 376-7379 or contact us at www.shelterrealty.com.

Think You Don’t Need An Inspection On Your Las Vegas Home? Think Again

Imagine lying awake at night listening to your brand new Las Vegas golf course home cracking or needing to replace the roof on your new home even before you replace its light bulbs. This isn’t a science fiction thriller – this is reality for some homeowners of newly-built homes.

The scenario doesn’t stop there – some homeowners are forced to move out only months after moving in (thanks to toxic mold growing in their new home). You see, you don’t have  to own an older home to experience defects or problems – they can also happen in newly-built homes.

What should you do?

Bottom line: Despite what many people think, a home inspection is a must – even when you’re buying a newly-built home.  An inspection by a reputable, licensed building inspector (the state of Nevada requires all inspectors to be licensed (NAHI)) will help you avoid buying one of the 17% of new homes with significant defects.

It’s also a good idea to get another home inspection (in addition to the one you got before you bought your home) just before the builder’s warranty expires. Since some problems don’t show up until the home is one or two years old, any problems that come up can be fixed at the builder’s expense as long as you catch them before the warranty is up.

During the height of the real estate boom, builders and sub-contractors wanted to build as many homes as possible to keep up with the red-hot demand – at times sacrificing quality in the process and resulting in homes with defects.  Some of those homes are now being resold, and if the defects weren’t addressed, they’re probably now worse. Plus new problems may have developed and they’re all expensive to fix. Bottom line: When you’re buying a resale Las Vegas home (whether it’s two years or 100 years old) you should get a home inspection.

What happens if you have an unsatisfactory home inspection?

After you sign your purchase agreement, you have ten days to get a home inspection. You can specify in the purchase agreement that your offer is contingent upon a satisfactory home inspection – that means that if the home’s inspection is unsatisfactory, then the deal is off (or the price can be negotiated lower to reflect repair costs). This can save you many headaches (and money) in the future.

If you’re about to sell your Las Vegas home, then a home inspection before you list is a good idea too. An inspection can make you aware of any problems and give you time to fix them. It may also prevent a sales deal from falling through (something you don’t want in today’s tough real estate market).

For these reasons (and more) getting professional help to buy (or sell) your Las Vegas home is important. Call us at (702) 376-7379 or contact us at www.shelterrealty.com.

Updated March 24th, 2017:

NAHI closed its doors last August 2016 and their website went dark in September 2016. Here is a great article on What Happened to NAHI.

Las Vegas Neighborhood Spotlight: Get Your Toes Wet at Desert Shores

There are currently 298 homes for sale in the Las Vegas 89128 zip code, which includes the master planned community of Desert Shores.  Desert Shores was developed in 1988 by RA Homes, in the northwest valley near the desert foothills. Its 3,351 homes vary in sizes from one-bedroom condominiums to large custom homes (with private gates and access to docks).  This established neighborhood embraces active family living.

Homes for sale in Las Vegas zip code 89128

According to public data records complied by Trulia, between May 2011 and July 2011, 505 homes sold at a median sales price of $92,300. That price is 16.4 percent lower than the same period (May-July) one year ago. In other words, if you’re looking to buy a home in Desert Shores, now is a good time to get a great deal.

The median sales price of homes in the 89128 zip code (including Desert Shores) was 19.88 percent lower than the median sales price for Las Vegas, NV (again, according to public data records complied by Trulia). With Desert Shores homes selling for less than other Las Vegas homes, now is a great time to buy your Desert Shores home.

Neighborhood schools in Desert Shores

There are four public and two private schools within the Desert Shores 89128 zip code. Richard H Bryan Elementary School received a rating of 9 out of 10 from GreatSchools. That’s a big plus for owning a home in this desert community – even if you don’t have school-aged children, the quality of neighborhood schools do affect a home’s resale value.

Here’s a list of the schools in the 89128 zip code area:

School name School type Grades GreatSchools rating (out of 10)
Edythe & Lloyd Katz Elementary School Public PK – 5 7
Richard H Bryan Elementary School Public PK – 5 9
James B McMillan Elementary School Public PK – 10 4
Cimarron-Memorial High School Public 9 – 12 4
The Meadows School Private PK – 12 na
St. Elizabeth Ann Seton Catholic Private K – 8 na

Source: GreatSchools.org

Things to do in and around Desert Shores

Desert Shores encompasses 682 acres and features four manmade lakes (complete with docks for paddle boating), a lagoon-style swimming pool surrounded by a sand beach, palm trees and a picnic park (with volleyball, basketball courts and playground facilities). There are over 80 miles of walking, jogging and biking trails that tie the community together. When you’re hungry after a day of “fun in the sun” then you’ll want to dine overlooking the water from any one of the lakeside restaurants.

When you and your family want to venture beyond its shores, there’s a variety of activities (from hiking, to playing a round of golf, to watching lions play) right outside your door.

Spring Mountain Ranch State Park: Located beneath the colorful cliffs of the magnificent Wilson Range, this park is usually 10-15 degrees cooler than the desert valley (thanks to its elevation of 3,800 feet). This 520 acre oasis used to be a working ranch – now it’s a public cultural and recreational attraction.

Palm Valley Golf Course: If you want a player-friendly, yet challenging golf course (plus a short drive from home), then this is your course. Designed by golfers for golfers of all skill levels, this course will satisfy your golf appetite.

Southern Nevada Zoological and Botanical Park: Touted as Nevada’s “Wildest Family Entertainment” this shady 3-acre park is just 15 minutes from your Desert Shores home. There are over 150 species of plants and animals – it provides a wonderful educational experience for you and your family. You can visit anytime during the year, because it’s Nevada’s only year-round zoo.

If you want to take advantage of the current housing market and buy your  new Desert Shores home or if  you want sell your Las Vegas home, then give our agents a call at (702) 376-7379.  You can also view our listings of Desert Shores homes for sale at www.shelterrealty.com.

Recent Homes For Sale In Desert Shores

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