About Dan Krell

February 2, 2010December 13, 2022

Your future home

The “Jetson’s” lived in a futuristic home that combined science fiction with a hedonistic vision of immediate gratification. Even futuristic home exhibits featured at past World’s Fairs seemed like sci-fi movie sets. Although some interesting devices were featured in those futuristic homes (such as the Jetson’s Rosie the robot or their Food-a-Rac-a-Cycle), some have actually made their way into our homes; wall mounted wide screen televisions and microwave cooking are but a couple of the conveniences that evolved from “futuristic” technological advances.

Although futuristic devices are always welcome to make life easier and more fun, the evolution of the home will not occur because of the conveniences that are contained within. Rather, the future home will evolve from changes in living space and lifestyle; location, home size and interior space will be the focus of future home architecture and development.

Location has always been a main consideration when buying a home. The recent real estate market decline confirmed the higher demand for homes located in or in close proximity to major population and employment centers than homes located in “suburbia.” One of the many reasons you may buy a home closer to your job is to decrease your commute. The National Association of Realtors 2009 Profile of Home Buyers and Sellers (Realtor.org) indicated that commuting costs are a factor when choosing a neighborhood. Since the cost of commuting is becoming more expensive (in terms of money and time), home buyers as well as home builders will look to the convenience of living “close in,” or at least close to the conveyances (such as metro) that will take you to work.

Your next home may be smaller than you think. The NAR 2009 Profile of Home Buyers and Sellers indicated that size matters when it comes to a home; the average size of a home purchased in 2009 was about 1,800 sf. Although the average home size has almost doubled since 1950 (to about 2,300 sf), the trend towards increasing home size has most likely plateaued due to factors that balance the home’s cost, affordability, and the desire to be in a “close in” neighborhood.

Your lifestyle has most likely changed in the last twenty years, just as the average American’s lifestyle has changed – and will continue to change. Changing lifestyles have altered many things in our lives, including how we use our homes. One example is how we entertain; long gone are the “formal” tea parties in the sitting or living room, present-day home owners plan informal gatherings instead (usually ending in the kitchen). Homes that will offer open “flexible” spaces, which are multi-purpose and can be modified by our personal lifestyles, will provide a feeling of being in a much larger home. Additionally, kitchen spaces will blend in with these multipurpose spaces adding to the flexibility and creating the feel of having a large kitchen space. The rooms can be used for entertainment and work centers, while allowing for informal dining and impromptu entertaining.

Your home of tomorrow may not be the futuristic vision that you dreamed about watching Saturday morning cartoons. However, much like current home owners who are transforming their older, “close-in” homes into contemporary “open” spaces, it will be a blend of utilitarianism and style that will be convenient to your office.

By Dan Krell
Copyright © 2010

This article is not intended to provide nor should it be relied upon for legal and financial advice. Using this article without permission is a violation of copyright laws.

January 29, 2010July 6, 2019

Are you selling a home or a contract?

In a recent home showing, the listing agent remarked that the seller is the “contract seller.” As it turned out, the seller of the home was not on title, but rather had a contract on the home and wanted to sell the contract. The listing agent, trying to explain the situation as best as he could, stated that the seller’s contract gave hime equity in title which allows him to sell the home.

I had to wonder where this agent received his real estate license because, as a title attorney confirmed, equity in title does not permit one to sell a home they do not yet own. Never mind the fact that our local MLS (Metropolitan Regional Information Systems, Inc.; MRIS.com) requires listed properties to be listed by the legal owner of the property. So what are these guys trying to do?

The number of home flipping transactions are increasing as the market recovers. Home flipping received a lot of bad press in the 1990’s when fraud was prevalent in such transactions. Flipping a home per se is not illegal, it is fraud and other irregularities that raise eye brows and get the attention of local (and sometimes national) authorities.

Not all property flips involve fraud and deception. During the heyday of the sellers’ market earlier this decade, real estate investors capitalized on the frenzy of home buyers eager to own a home in the seemingly never ending appreciating market by quickly flipping properties. Of course, many real estate speculators lost a lot of money as the market receded.

A flipping technique that has been thought to be dubious by some and now making a comeback is the simultaneous closing (or double closing); a similar term/technique is selling the contract. Rather than take ownership of a property and obtain the title to a home, investors most likely resort to the double close or contract sale to save on transfer, property, and other taxes.

A local attorney (requesting not to be named) trying to close such a deal was contacted by the buyer’s lender Fraud Investigation Department. Although he felt there was nothing wrong with the deal and he was not withholding any information, the deal was denied by the buyer’s lender. Although the buyer qualified for the loan, the lender’s Fraud Investigation Department nixed the deal. Growing concerns of stolen homes where homes are sold without the knowledge of the legal owner are raising additional red flags.

To avoid such deals, FHA (among many conventional lenders) require that the title to be “seasoned” (the owner must be on title for a required period of time) before they will lend on the property. Finding a lender to finance a simultaneous closing or contract sale is often difficult.

Although the “contract seller” of the home I showed was most likely legitimate, it reminded me that even seasoned agents need to be on their toes. Buying a home is an investment of time and money, so don’t be afraid to exercise due diligence; asking who the seller is and why they are selling the home is often a good place to start.

By Dan Krell
Copyright © 2010

This article is not intended to provide nor should it be relied upon for legal and financial advice. Using this article without permission is a violation of copyright laws.

January 26, 2010June 27, 2019

Transfer tax controversy brews in Maryland Counties

by Dan Krell © 2010
DanKrell.com

Most real estate issues usually do not grab people’s attention – unless they are the ones affected. Eminent domain is a prime example; those affected usually become embroiled in the controversy. One current issue that you may have heard (although you may not have become fully aware) of is the transfer tax controversy that’s brewing in Montgomery and Anne Arundel Counties. The anticipated opinion on the controversy from the Maryland Attorney General may have lasting and widespread consequences on how transfer tax is calculated in this state.

The controversy surrounds the decision from Montgomery and Anne Arundel Counties to collect transfer tax on the “forgiven” mortgage amounts in a short sale. At face value, the policy of collecting transfer tax on the unpaid portion of a short sale appears to be a way for the counties to compensate for their declining tax base; however the fundamental method of calculating state and county transfer tax may be more the issue. On January 12th, however, Montgomery County put “a hold” on the collection of transfer tax of the “forgiven” mortgage amount until the Maryland Attorney General issues his opinion.

The “forgiven” mortgage amount is the amount that the seller’s lender agrees to not collect at the settlement of a short sale. However, this amount is not literally forgiven as the lender typically either considers it income and issues a 1099 to the seller or pursues payment through a deficiency judgment against the seller. Since part of the requirement for a short sale is usually to provide evidence of a hardship, some critics have argued that the collection of transfer tax on “forgiven” mortgage amounts to be punitive.

The collection of transfer tax on forgiven mortgage amounts should not be confused with “nominal consideration” rules that are used in some jurisdictions around the country (including Washington, DC). “Nominal consideration” rules typically calculate additional transfer tax when the sales price is less than the assessed value. In Washington, DC, a transaction is considered to be of “nominal consideration” when the sales price is less than 30% of the assessed value.

Title 13 of the Tax-Property section of the Code of Maryland (COMAR) discusses the collection of transfer tax by the State and counties, as well as tax rates and possible exemptions. COMAR discusses various ways in which transfer taxes are calculated and collected; for example tax is calculated on the “consideration payable for the instrument of writing”; and the tax is “imposed on the instrument of writing.”

Some may have mistakenly thought that consideration is only the sales price and the instrument in writing is only the deed; however, others have argued that consideration also includes additional amounts involved in a transaction (such as assumed loans) and instruments in writing to also include deeds of trust. I am not an attorney and I am not attempting to practice or interpret law, but it appears that clarification from the Attorney General has become necessary in interpreting “consideration” and “instruments of writing” when calculating transfer tax in today’s market.

You might consider the collection of forgiven mortgage amounts another sign of a depreciated real estate market. However, the future of transfer tax calculation and collection (at least locally) is sure to be affected by the highly anticipated opinion of Attorney General Gansler.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Using this this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell

**Update—HB 590/SB 657 – Taxation of Forgiven Debt in Short Sales
STATUS: PASSED – Effective May 20, 2010.
This law clarifies that recordation and transfer taxes MAY NOT be imposed on the forgiven debt in short sale transactions.

January 19, 2010October 5, 2019

What’s more effective, a marketing strategy or a marketing plan?

Successful home sales begin with a marketing strategy and plan.

Does your listing agent have a marketing plan or a marketing strategy? Ok, it was a trick question. Actually, your agent should have both! Long gone are the days of receiving ten offers a day after the sign goes in the ground. In order to get an edge over the competing neighborhood listings these days, successful listing agents need to have an understanding of planning and strategy concepts, as well as their application.

A marketing strategy is the process of positioning your home; in other words your agent researches and compares data from the neighborhood and your home, as well as comparison data from other homes in the neighborhood and extended market area. Comparisons are made between your home’s characteristics and style to the neighborhood to determine similarities and differences. Once the data is compiled and evaluated, trends begin to appear that brings your home to life; your home begins to have a personality of its own.

Your marketing strategy should also include price. Due to recent market fluctuations, price is a major concern for home sellers. Market instability can reveal erroneous data which may cause you to either set your price too high or too low. Nothing can ruin an effective marketing strategy more than over pricing your home, which can severely limit the number of home buyer viewings; while listing too low can result in selling for too little. Listing and sales price data reveal trends that will assist you in setting an initial list price (as well as subsequent price adjustments).

Once your home is on the market, your agent’s marketing strategy (or lack thereof) will determine how home buyers and real estate agents react when thinking of your home. You should be certain that the strategy is appropriate and inclusive because re-positioning your home can be very difficult; the image that is presented to buyers and agents will be impressed forever in their minds. Additionally, word gets around the area fairly quickly, so negative images are surely to be passed along to others who may not yet have seen your home (and ultimately may not because of the shared information).

The marketing plan can be considered a road map in the application of the marketing strategy. It goes without saying that everyone’s listing is on the internet these days, as well as most agents advertising in the local papers. But as any marketing major might tell you it’s not the ad itself, but what the ad says. So, having ads, placements, and flyers generally do not get the attention of home buyers on their own, rather it’s the strategy that is being expressed that grabs home buyers’ attention. Additional consideration should be given to where and when ads about your home will be placed.

The marketing plan should not stop at an internet and print advertisement. The plan should include when open houses should be held (including what to say to visitors), and other means of reaching out to home buyers (such as post cards and broker opens).

Although marketing strategies and plans are vastly different, they are related. The marketing strategy determines the positioning of your home; while the marketing plan is the map that is followed to help home buyers find your home. Without a strategy and plan, your home sale will have to rely on sheer luck.

This article 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 January 18, 2010. Using this this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell

January 13, 2010October 5, 2019

Shortcomings of the broker price opinion

A broker price opinion (also known as a BPO) is not an appraisal, nor is it a substitute for an appraisal. The BPO is the lender’s way of getting a “snap shot” of the subject market area. A BPO (not unlike a CMA) is an analysis to assist a buyer or seller in deciding a home’s offering, or listing price. BPOs have been used for many years, and for various reasons that range from quality control to making decisions on mortgage portfolios and loss mitigation.

A BPO is not a perfect tool and is limited to the information provided as well as the people involved in the process. The shortcomings that are inherent in the BPO process begin with the lender that orders the BPO and is extended to the BPO company that “farms” the BPO out to real estate agents, as well as to the agent that completes them.

The problem first begins with the lender who is usually not in the same market area as the subject property. Seeking a way to get a snapshot of a home’s “value,” the lender will pay for a broker price opinion. The lender’s employees who order and use the BPO is sometimes mistaken to think that they are getting a report that will say what the home will sell for, when actually the BPO is just an offering of possible listing prices based on area comparables.

The shortcomings of the BPO are extended to the BPO company (third party) that hires the real estate agents to provide the reports. BPO reports are typically completed over the internet these days using electronic forms that can limit the amount of information that is provided. A typical BPO report requires a limited specific number of comps (listing and sold comps), regardless of the availability of neighborhood comps; the report may have to exclude additional available comps while sometimes use comps that are hardly comparable to the subject property. The online forms used to complete BPOs also limit the amount of information that is input; which can limit the actual market data and conditions that is sought from the lender.

Once submitted, the BPO typically undergoes a review for “quality.” BPOs are usually reviewed for procedural standards as well as comp quality. Interestingly, quality reviews are usually conducted by reviewers not familiar with the subject market area; it is quite possible that some quality reviews are not only conducted in another state, but in another country. Ironically, quality and substance is sometimes sacrificed for quantity or a “specific result.” (Past agent complaints, posted on agent bulletin boards, indicate that they realize some of their reports are altered after submission by someone other than themselves).

The ultimate shortcoming of the BPO stems from the real estate agents who complete the BPO. In recent years, with the explosion of short sales and foreclosures, there has been an increase in the need for more agents to complete BPOs. Some agents seek out BPOs because they are under the impression that they will get an REO listing, other agents seek out BPOs because they solely rely on the BPO business as income, while others just take on BPOs to supplement their brokerage income.

Time and care is necessary to complete a quality BPOs. Many real estate agents performing BPOs have little or no training in conducting BPOs; many agents do not have the expertise to provide a CMA to a home owner let alone completing a BPO. What may be more alarming is that some agents boast about the number of BPOs they complete per week (I recall one agent boasting that they complete over 100 per week!).

“Turn’em and burn’em” should not be the motto of anyone in this process. Because quality BPOs are useful and needed, the future of BPOs may rely on local licensing or registration which can ensure competence of those performing BPOs as well as maintaining standards of those who use them.