Real Estate News and Commentary

January 5, 2010June 30, 2019

Coping with the stress of the real estate transaction

Unless you are under the care of a psychiatrist prescribing you Valium, “stress free” is not something that comes to mind when describing real estate. According to the American Institute of Stress (stress.org), stress is subjective and can originate from negative and positive experiences.

On the “Holmes-Rahe Social Readjustment Rating Scale” otherwise known as the Holmes and Rahe Stress Scale (Holmes & Rahe 1967), having a mortgage over $10,000 rates 31 (just above being foreclosed upon) and moving is rated as 20. This commonly used stress scale (which rates life events to determine risk of illness) is cumulative, so the rating for buying a home is at least 51. Your stress level obviously increases when you add in other life stressors such as (but not limited to): getting divorced (73); getting married (50); having a baby (39); changing careers (36).

The reason why buying a home may rate so high on the Stress Scale is that, unlike other transactions, buying (and selling) a home is a large emotional investment! Gordon Gekko, from Oliver Stone’s Wall Street, was on to something when he said, “don’t get emotional [over stock], it clouds your judgment.” Emotions often become amplified when stress increases and can interfere with judgment.

Although most real estate agents don’t understand stress (what it is or how it’s reduced), it does not stop them from lecturing and blogging about “reducing stress” during the home buying or selling process. Being prepared and dividing the buying/selling process into segments is common advice and makes sense. This guidance often helps buyers and sellers feel a sense of “control” by understanding what to expect. However, the wonderful thing about real estate is that every transaction presents a new set of personalities, conditions, and (sometimes) problems. Reactions among buyers and sellers, as well as real estate agents, vary depending on their personalities and life circumstances. So no matter how much you plan, prepare, and visualize what it may be like, stress can be produced just by going through the process (created by both positive and negative feelings).

For some, being prepared is enough to help them anticipate and deal with most circumstances that may arise; while for others, the act of preparation may actually increase stress. Emotional factors, often based on needs and fears, can play a key role in your stress levels. Sometimes your needs are beyond your control and can increase your stress level, such as the need to stick to stringent timelines. And sometimes your needs can adapt and change which can mitigates your stress, such as finding the “perfect home.”

Fears about the outcome of the transaction can increase your stress, especially if you’re a first time home buyer. Common buyer fears include mortgage approvals and rising interest rates; sometimes buyers fear that the home inspection may reveal problems with the home. Common home seller fears include the home buyer’s qualifications and the ability to consummate the sale.

Good real estate agents know how to address the needs and fears of the real estate transaction to keep stress levels in check. Regardless, some people may turn to self help, “pop” or common stress reduction techniques (such as meditation); and if the stress is overwhelming, it wouldn’t hurt consulting with your physician or a qualified mental health professional – especially if you’re already stressed by your job, family and other life stress.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Permission to use this article is by written consent only.

By Dan Krell
Copyright © 2010

January 1, 2010June 27, 2019

Mortgage fraud: The makings of a crime novel

Mortgage fraud is a most despicable crime. Scammers attempts to get away these types of crimes not only eats away at home owners’ equity and/or depletes lenders’ funds (as well as their investors’ money), it forces the public to pay for extensive investigations, trials and prison expenses. Sometimes, however, some crimes appear to be intriguing, not because of the crime per se, but because you want to get inside the scammer’s mind to understand their motives as portrayed by their blatant behaviors and flamboyant lifestyles. From the case files (otherwise known as press releases) of Rod J. Rosenstein, United States Attorney for the District of Maryland, the Metropolitan Money Store Case would appear to make a great follow up to Oliver Stone’s “Wall Street.”

If not for the fact the events in the case actually occurred, you might think that you might be reading the latest crime novel about the mortgage meltdown. However, seeming to be one of the most intriguing cases prosecuted this year, the Metropolitan Money Store case defrauded home owners and mortgage lenders for over $37million by asserting to offer foreclosure assistance and credit repair to home owners. The story ends with the president and the CEO recent sentencing to prison time after an extensive investigation that netted ten defendants that included an attorney, real estate agent, mortgage broker, mortgage processor, among others.

According to the press release of the US Attorney’s Office, the president of the Money Store was “Personally responsible for over $16 Million in losses to mortgage Lenders…” Additionally, U.S. Attorney Rod J. Rosenstein was quoted to say, “Joy Jackson presided over a ‘money store’ that was in the business of ripping off homeowners and mortgage lenders by submitting fraudulent paperwork to support over $37 million of loans that were never intended to be repaid”…”Instead of helping financially distressed homeowners keep their homes as promised, she secretly used the home equity to buy luxuries for herself, including furs, jewelry and over $800,000 on her wedding.”

Something like a modern day “Tin Men,” home owners (who were behind in their mortgages or in foreclosure) were directed to sign title over to third parties who acted as straw buyers to strip the equity form the homes under the guise that the money taken would bring the home owners current on their mortgages and rebuild their credit. Additional financial and investment groups were also added to expand the the conspirator’s foreclosure “consulting and credit services.” The equity proceeds were used for goods and services for the president and CEO of the Metropolitan Money Store including art, cars, clothing, credit card bills, homes, fur coats, furniture, airline trips, gambling expenses, jewelry, limousine services, student tuition and a luxury wedding. The conspiracy described in the US Attorney’s press releases (for individual defendants) would make Mickey Spillane jealous of not conceiving such a plot.

The good news is that the conspirators in this case were brought to justice, like other mortgage fraud cases, with prison time. Unfortunately, the bad news is that consumers continue to be deceived and defrauded by con artists, even though government warnings and public service announcements alert the public to be cautious of foreclosure rescue scams.

Original published at https://dankrell.com/blog

By Dan Krell

December 29, 2009June 29, 2019

Things we’ll be talking about in 2010

2009 was a year when many home owners lost their homes to foreclosure, while other home owners could not move due to their depreciated home values. Let’s also remember that 2009 was also the time when many home buyers took advantage of home buyer tax credits and reduced prices from distressed properties (which helped boost home sales statistics).

As much as it felt that 2009 was the tear down year for the real estate industry, 2010 is promising to be a re-building year; the upcoming year will lay the foundation real estate markets to come. So, you might ask, “how will things be different?” This is what we may expect to see in 2010: a change in home buyer attitude; rising interest rates; and “Cash for Caulkers.”

More home buyers will be searching for homes in 2010. However, continued changes in mortgage underwriting guidelines will most likely limit the number of qualified home buyers. Mortgage underwriting guidelines have been tightening through 2009 and will continue into 2010. The trend of shrinking the pool of qualified home buyers due to mortgage guidelines requiring increased down payments, higher credit scores, and reduced debt ratios will most likely continue as FHA’s new underwriting guidelines are anticipated in 2010. New FHA guidelines are expected to increase the minimum down payment to 5% and restrict debt ratios below 45% (for FHA mortgages).

Additionally, the current home buyer incentives are likely to sunset without any further extension; it is doubtful that home buyer credits will continue in its current form. As a result of having more “skin in the game,” it is possible that home buyers will be more conscientious during the home buying process; home buyers will take more time and be more discerning in their home search.

Mortgage interest rates are likely to increase through 2010. Having been relatively close to historic lows for nearly a decade, mortgage rates will most likely steadily climb as current Federal Reserve programs are set to end (already evidenced by a consecutive 4 week rise in the average 30-year fixed rate as indicated by Freddie Mac’s Weekly Primary Mortgage Survey). The Fed’s current purchase program of mortgage backed securities and agency debt, that was meant to assist the housing market and facilitate mortgage lending, is committed through the end of the first quarter of 2010. The Fed has already begun slowing the pace of these purchases, so as to ease the transition in the marketplace (www.federalreserve.gov/).

The most anticipated news for 2010 is the “cash for caulkers” program, also known as the “Home Star” program. Although many have speculated about the program and its guidelines, legislation has yet to be passed. President Obama, in a speech given at the Brookings Institute on December 8th, called on Congress “…to consider a new program to provide incentives for consumers who retrofit their homes to become more energy-efficient…”, and to emphasize passing of such as legislation (WhiteHouse.gov). The plan is supposed to offer tax incentives to home owners for increasing home energy efficiency through home energy audits, system replacements, and weatherization; however, the final legislation (if any) may have variants of the current proposal.

In the near future it may seem as if home owners may be talking more about retro-fitting their homes than moving, while more home buyers will complain of the mortgage process. Regardless, everyone is looking forward with optimism to 2010.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Permission to use this article is by written consent only.

December 25, 2009October 5, 2019

Evelyn Harper, our favorite TV real estate agent

Television doesn’t often portray a realistic view of life, especially in a sitcom. That’s probably why reality TV has a huge following. And what’s more interesting than real estate?

A couple of well produced reality shows that presents the “realistic” drama of buying and selling homes include Bravo’s “Million Dollar Listing” and HGTV’s “Real Estate Intervention.” These two shows depict the daily ins and outs of real estate in two markets on opposite coasts of the country, as well as illustrating how hard a real estate agent works for their clients. For example, while demonstrating the slowdown in the market (Million Dollar Listing’s) Chad endlessly waits for prospects to show up to his open house.

But no matter how hard Realtors work at maintaining a positive image, leave it to a sitcom to stereotype the personification of the real estate agent. Credibly played by Holland Taylor on CBS’s “Two and a Half Men,”, the fictional character Evelyn Harper appears to be the quintessential real estate agent.

Ok, Evelyn is portrayed as selfish, opportunistic, unloving, and sometimes pushing the ethical envelope. But personality traits aside; she is always wheeling and dealing, always thinking, and appears to be a very hard working real estate agent. For example, in the 2007 episode “Media Room Slash Dungeon,” Evelyn attends a charity event with her son Charlie. When asked by Charlie:“…If you don’t like any of these people, why do you come to these things?” Evelyn quips: “ Do you read the paper? Do you know what the Los Angeles real estate market is like now?…No one is selling unless they have to…that’s why I have to be working these rooms to learn who is getting divorced, who’s dying, who can’t make bail, who’s crappy sitcom got cancelled…”

If the fictional Evelyn were a real person she might not be your best friend, but you could possibly say that she does know real estate, about networking and the art of making the deal. But the real reason that Evelyn Harper is our favorite TV real estate agent is that she allows us to laugh at ourselves by seeing the humor in typecasting a real estate agent; although exaggerated personality traits (and personality disorders) are not pleasant in real life- it makes great TV comedy!

This article is about fictional TV characters and not to be confused with any real person or real estate agent with similar or same names. This article is not intended to provide nor should it be relied upon for legal and financial advice.

December 22, 2009July 8, 2019

The Gambit of Eminent Domain

Many contend that the use of eminent domain is increasingly abusive, as highlighted by the case of Kelo v. New London. If you recall, Kelo v. New London involved the taking a private land to be used by developers to revitalize a Connecticut waterfront into upscale homes, a commercial district, and a large (private) research campus. The case was fought through the court system all the way up to the Supreme Court of the United States (SCOTUS). In 2005, the SCOTUS ruled 5-4 in favor of the municipality, New London, CT, with the majority accepting an expanded interpretation of “public use.”

Eminent Domain is a common law process that allows the government (local or federal) to take real property without the owner’s permission. The right of eminent domain is given to governments by the United States Constitution, as specified in the Fifth Amendment. Typically, land that is taken is used for public roads (battles over the ICC are still fresh in our memories), public schools, public utilities, and other public uses. Generally, if the land owner refuses the initial offer for their property, the government initiates condemnation proceedings to take control of the land.

Since the case of Kelo v. New London, similar cases have emerged up across the country. Two high profile cases in New York are being fought and again raising the question about eminent domain abuse.

A case ruling in favor of the State involves the development of a Brooklyn neighborhood into “Atlantic Yards” (Atlantic Yards is to include commercial and residential development, including the Barclays Center- where the New Jersey Nets will call home). Property owners who fought the condemnation of their property for the development of Atlantic Yards were thrown a major obstacle in their fight when they learned that the New York Court of Appeals upheld the condemnation. Additional appeals are probable.

The other case concerns the expansion of Columbia University in New York City. The university’s expansion rests upon the ability to purchase property and land in specific neighborhoods that they feel is appropriate for their needs. When several property owners refused to sell to the university, the State stepped in to condemn the property to force them to sell. Recently, a New York State appellate court ruled against the State (of New York) which possibly characterizes the abuse of eminent domain by abetting Columbia University in acquiring land that was ruled to have no public purpose.

A recent local case of eminent domain has some raising their eye brows as well. Earlier this year, Governor O’Malley asserted the use of eminent domain to save the Preakness Stakes by attempting to force Magna Entertainment to sell Pimlico, Laurel and Bowie race tracks to the State. Questions whether this use of eminent domain is in the spirit of the Constitution may be moot as the race tracks may be sold to other local interested parties.

Eminent domain continues to be a complex and deeply debated issue. If eminent domain’s expanded definition is to allow commercial development for the public good, then consider a recent Wall Street Journal report (November 11, 2009; “Pfizer and Kelo’s Ghost Town”): The local and state government spent $78 Million to raze the Kelo neighborhood, only to find out that developers pulled out. The land is now vacant and without any tax benefit.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Permission to use this article is by written consent only.