Sorting Through the Paperwork

by Dan Krell

Have you read your purchase contract or listing agreement? Many people won’t read the documents thoroughly, if they read them at all, and rely on their Realtor’s explanation to help them understand the legal and binding contract to which they are entering. Unfortunately, there is a chance that your Realtor may not understand the documents either and may have given you misleading information.

What was once a simple two page purchase contract is now an often confusing and seemingly endless forty to fifty pages of clauses and addendums. The contract of yesteryear may have been easier to read, however it was not very specific and was written in favor of the home seller. Today’s real estate contract is very specific to many aspects of the transaction, discussing the terms of the agreement as well as contingencies, notices and disclosures.

To make matters more confusing, there are two contracts in use in our area. The MAR contract is provided by the Maryland Association of Realtors and the Regional Contract is offered by the Greater Capital Association of realtors. Up until recently, there were major differences between the two contracts. Attempts for parity have been helpful, however differences continue. You should consult with your Realtor to determine which contract would benefit your situation.

As hard as it may be to read through the contract and understand its terminology, can you depend on your Realtor to explain it to you correctly? Both contracts along with addendums undergo constant change requiring Realtors to re-familiarize themselves with the documents. Because of this, it is common for even a seasoned Realtor to get tripped up.

When presented with a listing agreement and/or a purchase contract, your Realtor should explicitly explain the meaning of each clause so as you understand it. It is a good idea to even consult an attorney.

Today’s real estate contract specifies the rights and responsibilities of each party. Additionally, the contract defines default, discusses recourse and hiring an attorney. The MAR contract requires you to attempt meditation prior to going to court.

Additionally, you may find that there are many additional disclosures that are part of the contract. Contrary to belief, these addenda are not filler paper; many of these disclosures ensure you understand your rights as a home buyer or home seller.

For example, many home buyers don’t know that they have the right to review condo and HOA docs. You have seven days to review condo docs and five days to review HOA docs. If you find that there is anything in the docs that is not acceptable, you can declare the contract null and void.

Why should you understand the contract? Believe it or not the real estate contract survives even after settlement. This is an important concept as it is mistakenly thought that once settlement occurs there is no recourse. Disputes can arise after settlement if the home seller decides to take items they were supposed to leave in the home, or if there were misrepresentations in property condition.

A real estate contract is not to be taken lightly as there are consequences to any breach of this contract. Make sure you understand your rights and any responsibilities, and if in doubt-consult an attorney.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of April 9, 2007. Copyright © 2007 Dan Krell.

Foreclosure Assistance

by Dan Krell

It is common to experience financial problems at any given time in one’s life. There are many reasons people experience financial problems. If it isn’t being surprised by loss of employment, illness, or divorce it may be due to lack of financial planning. Whatever the reason, experiencing a financial crisis, including foreclosure, is an unsettling process for anyone.

A site that is becoming more frequent in any neighborhood is the home going through the foreclosure process. The owner may still be in the home or they may have vacated months earlier leaving an empty shell to deteriorate in the ensuing months.

At first, you may not notice anything different in the home, but as time progresses it hard to not notice. You may notice your neighbor withdrawing and evading anyone coming to the door. The house numbers may disappear in an attempt to confuse those trying to identify the home. The lawn may be neglected and become overgrown with grass and weeds. The home itself may noticeably fall in disrepair as well.

Many people facing foreclosure tend to be in denial and believe that nothing is wrong and go about their lives thinking that they will not lose their home. Denial is a common defense mechanism that serves to lessen the severity of emotional pain that one may endure. However, it is not useful when facing foreclosure. Denial is a slippery slope such that people may not confront the challenges they face, and in this case-lose their home.

If you are falling behind in your mortgage, you may want to consult a bankruptcy attorney. As foreclosure is a manifestation of a larger financial problem, reorganizing your debts may help save your home.

If you find that you can no longer afford your mortgage, selling your home may be an option; however, as home prices have dropped you will have to determine if this is practical. If you can prove that your home has lost value, a common tactic is to ask the lender for a short sale, which is essentially asking them to take less than what is owed.

If you do not pay your mortgage, the mortgage company will be trying to contact you; it is important to communicate with the mortgage company so as to determine if they can assist through such measures as forbearance. You may be able to renegotiate the terms of your loan, or even have your late payments forgiven in an attempt to remedy the situation.

If you continue to not pay, you will receive a notice of default through certified mail. After receiving the notice, you may have an opportunity to reinstate your loan by paying the past due amount including late fees.

At this point, if you do not take action, the mortgage company will initiate the foreclosure process. Once the foreclosure process starts, your options are limited; the time from the initiation of the process to the foreclosure sale can be quite fast.

The foreclosure process is not pleasant, and can impact those involved with long lasting financial and psychological scars. If you know that you may be facing a foreclosure, it is important to be proactive. If you need assistance, the Maryland Attorney General offers information to those in foreclosure on the web at:

This column is not intended to provide nor should it be relied upon for legal and financial advice.This article was originally published in the Montgomery County Sentinel the week of April 2, 2007. Copyright (c) 2007 Dan Krell.

Subprime Mortgage Woes – Again

by Dan Krell

The adage that we are doomed to repeat history unless we learn from it is once again demonstrated. The recent news that the subprime mortgage industry is in trouble should not be a big surprise. The fact that subprime lenders are in trouble is the consequence for an industry whose foundation is high risk.

If you are unaware of the subprime mortgage industry, here is a rudimentary primer. Subprime lenders provide mortgages to borrowers who would not otherwise qualify for a standard Fannie Mae/ Freddie Mac loan. Most often, these borrowers have credit challenges; however, some have good credit but do not meet the Fannie/Freddie income, asset, and/or employment guidelines.

The subprime lenders’ underwriting guidelines dictated by investors who ultimately buy the mortgages on a secondary market (usually Wall Street). The attraction to investors is that they receive a high yield based on the risk. Generally, subprime underwriting guidelines become lenient when the market is favorable for these loans.

Up until about a year ago, the subprime mortgage industry exploded because the risk was countered by a safety net that was the record sellers’ market. Many subprime borrowers who fell behind in mortgage payments found themselves able to sell their home before foreclosure, pay off their mortgage, and make a little money in the deal.

Since the market has slowed, many subprime borrowers cannot sell to avoid foreclosure. This has impacted subprime lenders by the loss of revenue. Subprime investors have forced lenders to tighten their subprime underwriting guidelines to meet new requirements and lessen their risk.

The subprime mortgage industry has a cyclic history of loosening and tightening of underwriting guidelines. The last time the subprime industry was in a crisis was in the latter part of the 1990’s when mortgage fraud and illegal flipping schemes were widespread and took advantage of the loose subprime underwriting guidelines of the time.

At that time, subprime lenders lost millions on blatant fraud and real estate schemes. Some loan officers and mortgage companies found it easy to perpetrate fraud on loan files so as to have the loans approved. Additionally, schemes using tactics such as straw buyers or fraudulent appraisals were devised either to defraud lenders or take advantage of home buyers, or both.

In response, “due diligence” became the hot buzz word. Subprime lenders were forced to tighten their underwriting guidelines and institute a number of quality assurance checks, both prior to loan approval and post settlement.

Although we may not feel compassion for the lenders and investors of subprime mortgages, the unfortunate casualty is the consumer. The last few years found an explosion of minority home ownership that is unprecedented. Unfortunately, as reported in a front page article in the Washington Post (March 26, 2007), many of those affected by the perfect storm of a declining real estate market and high risk lending are recent immigrants and minorities.

In a year or two the cycle of subprime lending will return to liberal underwriting guidelines. Make no mistake, subprime lending is needed and is beneficial. Hopefully we in the real estate industry have learned the lesson to practice our profession responsibly by ensuring that borrowers understand the risks and realties of subprime mortgages. If we don’t, we are doomed to repeat history.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of March 26, 2007. Copyright © 2007 Dan Krell.

The Market Forecast for 2007 and Beyond

by Dan Krell © 2007

The first quarter of 2007 is almost at an end. Tax returns are due in a few weeks. Spring Training has begun. And the spring real estate market is in full swing. Or is it?

Yes and no. Home buyers are looking. However, many of the homes that have languished on the market through the winter are still unsold, or have gone under contract at greatly reduced prices. If this is happening now, what are we to expect in the future?

Looking back to 2006 we all agree the market slowed down a bit and almost to a stand still by winter. Although it was a sluggish year, the National Association of Realtors considered 2006 to be a respectable year. Looking at the numbers nationwide, it was indeed a respectable year. Although existing home sales decreased 8.4% last year, it was the third best year on record for such sales. Additionally, new home sales decreased 17.3% and recorded the fourth best year on record for new home sales. Believe it or not, the NAR reports that homes prices increased nationally 1.1% for 2006, which is a record thirty-nine consecutive years of home price gains.

For 2007, the NAR forecasts a year much like last. Existing home sales will be consistent, but not as strong as last year, while there will be a slight increase in home prices. It is uncertain, however, how new home sales will manage (

Fortune’s picture for the immediate area isn’t as rosy. Their December 21, 2006 forecast of home prices for the Washington area predicts a decrease of 3.8% in 2007 and 3.2% decrease in 2008. The forecast for the Bethesda-Gaithersburg region predicts a 2.7% decrease in 2007 and 4.3% decrease in 2008.

As a whole, economic forecasts point to a stable economy with stable employment and minimal to moderate growth. As you can imagine, many reports indicate that housing will continue to be a burden on the national economy. Reports predict that the burden will continue, however, through mid year 2007 and remain stable through 2008.

Prognosticators projected that the spring market for 2006 would be business as usual. Locally, the market preformed inconsistently. The spring market for 2007 will be inconsistent as well. As the local real estate market attempts to find its balance the market will continue to be slow through spring. Unless there is a major disaster, the sales pace will pick up in May as the market levels off.

Contributing to the continued lethargy is the fallout in the sub-prime mortgage industry. The tightening of credit guidelines due to over zealous speculators in the secondary mortgage markets has recently reduced the already shrunken pool of home buyers. Like most market commodities, investors will one day again find their appetite for sub-prime mortgages.

Home prices will continue to adjust, having an effect of tightening the available housing inventory. As many home sellers are already offering their homes at a break-even price, some home sellers will find that they cannot afford to sell as they would lose money on the sale effectively taking them out of the market.

By the end of the summer 2007, the effect of a tightening market will bring about the balance that we have been waiting for – hopefully.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of March 19, 2007. Copyright (c) 2007 Dan Krell.

The Future of Real Estate Brokerage

by Dan Krell © 2007

I am going to share my feelings about a recent article that appeared in the March issue of Realtor® Magazine. The article is one of a series of interviews with the innovators in the field. This article was a synopsis of a round table to discuss the future of real estate brokerage with some of the top Brokers in the field.

Although many responses made sense, other responses were disappointing. Reading about future developments such as one stop shopping, discount services, and internet leads sounded more like a rehash of the recent past rather than ground breaking innovations.

Where is the future of real estate headed? In an interview on National Public Radio (March 3, 2006), Economist Steven Levitt discussed the idea that the real estate agent is an endangered species and at that traditional six percent real estate commission may become a thing of the past because of the pressures of the internet and the economics of a housing boom. At the time, it made perfect sense. However, as the market has slowed this past year, home sellers are now offering higher commissions, and sometimes even a bonus, to sell their homes.

Ok, so what about the future? Like the Amazing Criswell, I may make some wild claims. However, the difference is that I look to history to help define where we are going.

Real estate brokerage started out as a means to bring buyers and sellers together while playing gatekeeper and controlling information. Over time, legislation and legal challenges have transformed the nature of agency and representation to become the present practice of real estate. Additionally, technology and the internet have forced changes in the type and amount of information available as well as how it is disseminated.

Generally, the core of real estate profession of tomorrow will be much like yesterday and today-people. Real estate contracts will continue to grow as brokers will continue to try to limit liability. Agency and representation may change from a transactional management model to a consultant or case management model, where the client can get assistance and direction in the buying or selling process.

Information technologies will continue to develop and will deliver high quality and detailed information as well as increasing efficiency to all users. Possibly one day, you wouldn’t have to go to an open house as you can experience any home in full scale 3D. Although contracts are getting longer and thicker, the use of the internet and email to execute and deliver documents has been helpful such that one day settlements may be conducted in a similar manner.

As economics and legislation played a large role in the development of real estate brokerage, it is difficult to predict future economic cycles and future government regulation. Even with this uncertainty, it is clear that these influences will impact the future growth of the industry. For example, economic cycles dictate the number of Realtors entering or exiting the marketplace as well as contraction and mergers of large real estate brokerages. Additionally, future legislation may impact compensation structures.

Although technologies, laws, compensations, and business models may change, one thing will continue to remain the same- the human animal. Developments will certainly make the process easier, but ultimately home buying and selling is an emotional and subjective process that requires human interaction.

This column is not intended to provide nor should it be relied upon for legal and financial advice. This comlumn was originally published in the Montgomery County Sentinel the week of March 12, 2007. Copyright (c) 2007 Dan Krell.