The Presidential housing debate

by Dan Krell © 2012
DanKrell.com

housing debateIf you watched the presidential debates last week, you may or may not have noticed that neither Presidential candidate specifically spoke about the housing market. And since the debate, some have cried foul that one of the largest sectors in the U.S. economy was given short shrift in a debate about the economy. But then again, why should you be surprised – housing has basically taken a back seat to other issues throughout the primaries and now again in the heat of the presidential race.

The lack of discussion about the housing market is probably not because of disinterest, but rather both candidates are focused on making the fundamentals of the economy thrive. There is an economic truth that the housing market benefits from a thriving economy, as well as being impeded when there is economic malaise.

But if you paid attention, you may have picked up on issues that were touched upon that affect the housing market, such as employment and Dodd-Frank.

Obviously there is a relationship between employment and home ownership. A 2010 study by Neil & Neil indicated that loss of employment is one of the unexpected life events that caused foreclosure.

In response to the recent jobs report, Matthew O’Brien wrote in his October 5th The Atlantic article (There Is No Jobs-Report Conspiracy: The Jobs Recovery Is Still Meh): “If we take the same long view over the past few years, it’s clear that not much has changed. Growth is painfully slow, just like before. In 2011 we created 153,000 jobs per month, and so far in 2012 we have created … 146,000 jobs per month. It’s barely been enough to keep up with population growth.”

It should also be obvious that elevated unemployment and economic uncertainty has eroded consumer sentiment towards home ownership. This was suggested in Fed Chair Ben Bernanke’s February speech to the National Association of Homebuilders (federal reserve.gov), when he said: “High unemployment and uncertain job prospects may have reduced the willingness of some households to commit to homeownership.”

Additionally, many in the industry have complained that mortgage lending has been restricted due to increased regulation after the financial crisis. The Dodd-Frank Wall Street Reform and Consumer Protection Act (also known as “Dodd-Frank”) is one of the wide sweeping pieces of legislation that was enacted after the financial crisis to regulate and oversee the financial sector of the economy, as well as offer consumer protections.

As we have lived with Dodd-Frank for over two years, critics add to their critique about the Act’s limitations, over reaching, and failures. Some critics point out a failure of one of the main tenets, which is that no institution should be “too big to fail;” under Dodd-Frank critics claim that some of the country’s large financial institutions have become larger; while smaller regional and local financial institutions (which invest in local communities) are increasingly struggling.

Additionally, critics claim that mortgage lending has been stifled by rules devised to ensure those who securitize mortgages have skin in the game. Whether lenders comply with credit retention risk rules or they comply with Qualified Residential Mortgage rules (which requires strict credit underwriting and a 20% down payment), mortgage underwriting has become restrictive.

Make no mistake; the housing market is smack in the middle of the Presidential debate. The issues debated depict different visions for the economy, and of course, a housing recovery.

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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 October 8, 2012. Using this article without permission is a violation of copyright laws. Copyright © 2012 Dan Krell.

Has the housing market improved in the last four years

Dan Krell, Realtor®
DanKrell.com
© 2012

HousingIn retrospect, the beginning of the global recession in late 2007 was the end of the housing boom and may have spawned the foreclosures crisis and the financial crisis of 2008.  And although this period of time will undoubtedly become the basis of many future dissertations examining the “Great Recession;” you might ask “how much has the state of housing improved since 2008?”

If you recall, the Housing and Economic Recovery Act of 2008 (HERA) was anticipated to have wide reaching changes in the mortgage and housing industries as well as supposed to have assisted struggling home owners.  This multifaceted piece of legislation consolidated many individual bills addressing issues that were thought to either be the cause or the result of the financial crisis.  Besides raising mortgage loan limits to increase home buyer activity, the historic legislation was the beginning of changes meant to “fix” Fannie Mae and Freddie Mac, as well as “modernizing” FHA to make the mortgage process easier for home buyers and refinancing easier for struggling home owners. Additionally, this law was the origination of the Hope for Homeowners program to assist home owners facing foreclosure (www.govtrack.us/congress/bills/110/hr3221).

The Federal Housing Finance Agency (FHFA), originated from HERA, has been the “conservator” of the then sinking Fannie Mae and Freddie Mac. Since the FHFA took control, there has been conjecture as to what would become of the mortgage giants: some talked about closing their doors, while some talked about changing their role in the mortgage industry. Since FHFA became the oversight agency, Fannie Mae and Freddie Mac has strengthened their role in maintaining liquidity in the housing market by helping struggling home owners with their mortgages as well as freeing up lender capital by the continued purchases of loans (fhfa.gov)

The inception of Hope for Homeowners was the beginning of a string of government programs designed to assist home owners facing foreclosure, or assist underwater home owners refinance their mortgage.  Although there have been individual success stories, there has been criticism that these programs did not assist the expected numbers of home owners.  A January 24th CNNMoney article by Tami Luhby (money.cnn.com) reported that “…the HAMP program, which was designed to lower troubled borrowers’ mortgage rates to no more than 31% of their monthly income, ran into problems almost immediately. Many lenders lost documents, and many borrowers didn’t qualify. Three years later, it has helped a scant 910,000 homeowners — a far cry from the promised 4 million…” and “HARP, which was intended to reach 5 million borrowers, has yielded about the same results. Through October, when it was revamped and expanded, the program had assisted 962,000…” (money.cnn.com/2012/01/24/news/economy/Obama_housing/index.htm).

HousingDespite the recent slowdown in foreclosure activity, there is disagreement about the projected number of foreclosures going into 2013.  A March 29th Corelogic news release (www.corelogic.com/about-us/news/corelogic-reports-almost-65,000-completed-foreclosures-nationally-in-february.aspx) reported that there have been about 3.4 million completed foreclosures since 2008 (corelogic.com).  And although an August 9th RealtyTrac® (www.realtytrac.com/content/foreclosure-market-report/july-2012-us-foreclosure-market-report-7332) report indicated a 3% decrease from June to July and a 10% decrease from the previous year in foreclosure filings; July’s 6% year over year increase in foreclosure starts (initial foreclosure filings) was the third straight month of increases in foreclosure starts.

So, if you’re wondering if housing is better off today than it was four years ago, the answer may be a resounding “maybe;” It all depends on your situation.

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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 September 3 , 2012. Using this article without permission is a violation of copyright laws. Copyright © 2012 Dan Krell.

A new wrinkle for eminent domain

Dan Krell, Realtor®
DanKrell.com
© 2012

eminent domainWhen the housing market began its decent in 2007, foreclosures seemed to occur with the frequency not seen since the S&L crisis of the late 1980’s. Since then, negotiating a lower mortgage payment by modifying the mortgage interest rate and/or reducing the principal continues to be difficult for many home owners.

One of the reasons why modifying a mortgage can be difficult is because of the complicated structure of the Real Estate Mortgage Investment Conduits (REMIC). A REMIC, is a financial instrument that may have stimulated the wide use of “100% financing” and other high risk mortgages through securitization of mortgages on the secondary market. Although a highly complex structure, a very basic explanation is that the REMIC purchases large pools of mortgages and acts as the trustee for those who own the bonds to which the loans are securitized (mortgage backed securities). Bond holders could be individuals or corporations that may also sell ownership to the bonds as well (e.g., funds, annuities, pension plans). Mortgage modifications in the REMIC environment can be legally complex. Additionally, the inherent complex structure of the REMIC as well as its fiduciary responsibility to its bond holders, makes decisions move at a snail’s pace.

In an effort to assist home owners in their local communities, a few municipalities (most notably San Bernardino County) have considered restructuring mortgages via eminent domain. Eminent domain is the power that government exercises to take private property for public use and pay the owner a “just compensation.” And although eminent domain cases typically involve real property (e.g., land), it may also involve other types of personal property.

Considering that eminent domain is often a contentious topic, you might imagine that there might be some resistance to the condemnation of mortgages by municipalities. The Federal Housing Finance Agency (the FHFA oversees Fannie Mae and Freddie Mac) entered a note in the Federal Register on August 9th (“Use of Eminent Domain To Restructure Performing Loans”). The note listed concerns for such practice of eminent domain, among which is a concern that tax payers could ultimately bear the losses incurred from restructuring mortgages through eminent domain. As a result, the FHFA may take action to “avoid a risk to safe and sound operations and to avoid taxpayer expense.”

eminent domainThe Wall Street Journal reported on August 8th (“New Roadblock for Eminent Domain Bid: Housing Regulator”; by Al Yoon) that banking and other related groups are concerned that “stripping loans from investors would create unnecessary losses and reduce the availability of credit.” And, “… the Securities Industry and Financial Markets Association, or Sifma, has proposed prohibiting loans originated in areas using eminent domain from a key part of the $5 trillion mortgage-backed securities market that is a backbone for U.S. housing finance.”

An article by Rep Brad Miller published in the American Banker on July 11th (No Wonder Eminent Domain Mortgage Seizures Scare Wall Street) discussed the impact of eminent domain of mortgages on Wall Street, specifically the four largest banks. Congressman Miller pointed out that there is a cost to lenders holding second mortgages when mortgages are restructured. In particular, the four largest banks, which “hold $363 billion in second liens, very commonly on the same property as first mortgages they service.”

Regardless of the outcome, there is sure to be plenty of posturing; the result may add a new wrinkle in the eminent domain debate.

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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 August 13 , 2012. Using this article without permission is a violation of copyright laws. Copyright © 2012 Dan Krell.

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Are appraisals hindering a housing recovery

foreclosed home
As the housing market receded, low appraisals seemed to be the rule; lower priced comparables were often to blame. As home sellers and their real estate agents become accustomed to the new market, some within the real estate industry continue to complain that low appraisals are still an issue that interferes with the housing market recovery. Many blame low appraisals for keeping home values down as well as killing pending deals.

A recent article by syndicated columnist Ken Harney (House sales hampered by appraisers who fail to recognize appreciation) brought attention to a growing issue that many claim is impeding a housing market recovery. It is clear that appraisers exercise caution and seek the conservative value, which is to avoid liability for the lender having to buy back a loan that does not comply with guidelines. However, another issue that Harney pointed out was the reliance on appraisal management companies.

If you remember, in response to claims of inflated appraisal values due to lender coercion and “undue influence,” the Home Valuation Code of Conduct (HVCC) was implemented for mortgages bought by Fannie Mae and Freddie Mac (then later by FHA). The intention of implementing these new standards of practice was to establish increased accountability and independence in the appraisal industry. One issue that was addressed was to limit communications between the lender and appraiser. As a result, many lenders resorted to using Appraisal Management Companies (AMC) to order and review appraisals.

In rush to meet the new HVCC compliance measures, lenders initially believed they needed to use the AMC to manage appraisals. However, that was not a direct requirement and some lenders have since moved away from using AMCs; subsequently implementing in-house appraisal management systems. Some lenders, however, still rely on the AMC appraisal “middle man” to assign and review appraisals.

Much of the criticism of the AMC is that they are sometimes located quite a distance away from the subject property. Appraisal reviewers who do not have the local experience and data to understand distant markets may make valuation mistakes.

home for sale

Just as quick as the lending industry moved to comply with HVCC, the pendulum has swung in the opposite direction – there are some reports of appraisers being coerced to “revise” appraisal values down. If the value is not considered within the lender’s “guidelines,” the appraiser may be requested to revise the valuation prior to submitting to the lender.

Testimony provided to the House Committee on Financial Services hearings on “Appraisal Oversight: The Regulatory Impact on Consumers and Businesses” (June 28th), Francois (Frank) Gregoir, for The National Association of Realtors®, stated: “There are a myriad of circumstances and issues working to hinder the recovery of the nation’s housing market. Among them… are those related to the credible valuation of real property…However, in today’s world there are many road blocks in the way of valuing property and, as a result, allowing for a healthy recovery of the broader real estate industry. Because there are many roadblocks there is no one, “silver bullet” solution.

Regardless of where blame lay for low appraisals, the outcome and effect on the housing market is clear: some pending sales are falling out; some home buyers are paying additional funds to cover differences between a low appraisal and contract price; and some sellers are pulling homes off the market.

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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.

by Dan Krell
Copyright © 2012

Debunking myths about foreclosures, timing the housing market, and hiring the “big name” agent

by Dan Krell ©2012
DanKrell.com

Debunking common real estate myths.

real estate myths debunkingAs a real estate agent, I often encounter people who talk about common and persistent real estate myths.  In recent years, these few seem to be among the top myths:

Myth #1: “If you wait until the market bottoms out, you’ll get the best deal”
Counter point: “People trying to time the market may find in hindsight that they will have reacted either too soon or too late.”

Anderson & Harris, in their reveling study Timing the market: You don’t have to be perfect (Real Estate Issues 35, (3) (10): 42-42-50) indicated that you don’t have to be perfect when timing your purchase and sale of a home.  They suggested that you could do just as well to aim your sale during market peaks and your purchase during market lows; however, they conceded that you would most likely know in hindsight when the market is at a peak or low.

Their results demonstrated that the typical “buy and hold strategy” over a thirty year period results in an annualized return of 8.18%; however, buying when a recession has ended with a predetermined sale period yields a wide range of return that ranged from 13.38% to 1.42% annualized total return.

Myth #2: “Buying a distressed home will result in a good purchase.”
Counter point: “There is inherent risk when purchasing distressed homes.”

There is inherent risk when purchasing distressed homes, regardless if they are foreclosures, bank owned homes, or even short sales.  Although short sales are often occupied, foreclosures and bank owned homes are often vacant for many months; these homes are often sold “as-is; where is” meaning you are purchasing the home regardless of the condition of the home.

Besides the purchase and anticipated fix up costs, unanticipated repairs and expenses are often encountered.  However without risk, there is no reward; due diligence, conducting inspections, and hiring the proper representation may reduce the risk and make your purchase a positive experience.

Myth #3: “The ‘big name’ agent with the most home buyers will sell my home quickest and for top dollar.”
Counter point: “Home buyers typically search for homes by characteristics and location, rather than searching for homes sold by individual agents or brokers.”

real estate myths debunkingI have never had a home buyer tell me they want to see (or buy) a home because it is listed by a particular agent or broker.  Rather, home buyers typically search homes by price, physical characteristics, amenities, and/or location.  Home buyers will view your home if it matches their search criteria, regardless of who listed your home.

When interviewing listing agents, look beyond the sales pitch to list your home, and ask for real data and sources to back up claims.  Agents will often not discuss the homes they could not sell; asking about the homes that did not sell as well as the reasons behind the non-sale may be more revealing than flatly accepting claims made by the agent.  Asking for references of satisfied clients of homes that sold as well as homes that did not sell is useful to not only get a recommendation, but also understand how the agent conducts business.  Ultimately, your home purchase or sale falls upon the experience and skill of the agent you hire. Protected by Copyscape Web Plagiarism Detector

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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 July 23 , 2012. Using this article without permission is a violation of copyright laws. Copyright © 2012 Dan Krell.