RESPA empowers home buyers and consumers

Although the Real Estate Settlement Procedures Act (RESPA) is one of those laws that you don’t hear much about, it’s a consumer protection statue that has been around for while. Enacted in 1974, RESPA was intended to help home buyers be better shoppers by requiring the disclosures regarding the nature and costs related to the real estate settlement process. Keeping RESPA relevant, there have been modifications and clarifications through the years, most notably the change of administration and enforcement in 2011 from HUD to the Consumer Finance Protection Bureau (CFPB).

RESPA is generally known for empowering consumers in the real estate process by allowing consumers (in most cases) to choose service providers, and prohibiting kickbacks (e.g., unearned fees) for referrals. Section 8 of RESPA prohibits real estate service providers from giving or accepting a fee, kickback or anything of value in exchange for referrals of settlement service business involving a federally related mortgage. While Section 9 prohibits a home seller from requiring the home buyer to use a particular title insurance company, either directly or indirectly, as a condition of sale.

RESPA also requires the disclosure of affiliated business arrangements associated with a real estate closing. An affiliated business relationship is considered to exist when there is a direct or indirect referral from a service provider to another provider of settlement services when there is an affiliate relationship or when there is a direct or beneficial ownership interest of more than one percent. The disclosure of such a relationship must specify the following: the nature of the relationship (explaining the ownership and financial interest) between the provider and the loan originator; and the estimated charge or range of charges generally made by such provider. This disclosure must be provided on a separate form at the time of the referral (or at the time of loan application or with the Good Faith Estimate if referred from a mortgage lender). In most cases, you’re not required to use the referred affiliated businesses.

RESPA violations are serious, and penalties can be severe. For example, HUD (hud.gov) lists the penalties for violations of Section 8 “… anti-kickback, referral fees and unearned fees provisions of RESPA are subject to criminal and civil penalties. In a criminal case a person who violates Section 8 may be fined up to $10,000 and imprisoned up to one year. In a private law suit a person who violates Section 8 may be liable to the person charged for the settlement service an amount equal to three times the amount of the charge paid for the service.”

The real estate industry takes RESPA very seriously; the industry educates service providers about empowering consumers, as well as regulation compliance. And although modifications of RESPA are to keep up with the real estate industry; some still claim that there are sections of RESPA that remain vague, as demonstrated by the Supreme Court opinion of Freeman v. Quicken Loans, and further clarifications (such as the RESPA Home Warranty Clarification Act of 2011).

In the past, RESPA violations were pursued vigorously by HUD; resulting in settlements as well as criminal investigations. Today, the CFPB (consumerfinance.gov) has taken over the reins, and continues the pursuit of RESPA violations with the same if not increased vigor. More information and guidance about RESPA can be obtained from the CFBP (consumerfinance.gov).

by Dan Krell
© 2014

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

February 20, 2014November 23, 2021

Growing interest in the use of eminent domain to assist underwater homeowners

As interest increases to use eminent domain to assist underwater homeowners, there is opposition in Maryland.

Eminent domain has not received as much attention since the controversial decision in the 2005 case Kelo v. City of New London. However, the issue could become a hotly debated topic in the current session of the Maryland General Assembly, since the introduction of HB1365/SB850 Real Property – Prohibition on Acquiring Mortgages or Deeds of Trust by Condemnation on February 7^th; the bills propose the prohibition of acquiring mortgages through eminent domain, stating, “The use of eminent domain to acquire mortgages undermines the sanctity of the contractual relationship between a borrower and a creditor.”

The issue of using eminent domain as a vehicle to restructure underwater mortgages became a national conversation in 2012, when a few municipalities began the discussion as a means to assist underwater homeowners. The plan caught the attention of Baltimore officials, who began a discussion last year of doing something similar.

As the housing market slowly recovers, many homeowners are emerging from a negative equity position on their homes. According to the Zillow Negative Equity Report (zillow.com), the national negative equity rate for homeowners with a mortgage dropped to 21% during Q3 2013 (from a peak of 31.4% during Q1 2012); while 14.7% of homeowners who own their home free and clear are underwater. Regional statistics vary depending on the strength of the local markets compared to peak home values.

The Baltimore Sun reports that about 13% of mortgages in the Baltimore-Towson area are underwater; neighborhood percentages vary, and there some with significantly more underwater homeowners (Some call on city to explore eminent domain to combat blight; Program targets underwater mortgages, By Natalie Sherman; The Baltimore Sun; November 25, 2013).

A recent industry article looks at the back story and status such plans, as well as discussing some practical considerations. The article asserts that the concept is “far from dead,” stating that “…Local government and community leaders have legitimate concerns about their constituents, many of whom are struggling with mortgage payments on inflated loans that have made their homes unaffordable, and nearly impossible for them to sell without sufficient equity to pay off the loans…” However, the conclusion states that such a plan at present “…appears wrought with complications and does not appear likely to lead to any significant chance of furthering its stated “public” purpose-economic development…” The result may be “lengthy and expensive legal battles; and possible disruptions or changes to the credit industry, which decrease access to mortgages and/or increase interest rates (Dellapelle & Kestner (2013). Underwater mortgages: Can eminent domain bail them out? Real Estate Issues, 38(2), 42-47).

In response to the effort to implement eminent domain in such a way, the Federal Housing Finance Agency (FHFA.gov), the regulator and conservator of Fannie Mae and Freddie Mac as well as the regulator of the Federal Home Loan Banks asked for public input; and subsequently issued a General Counsel Memorandum on August 7^th 2013:

The General Counsel Memorandum was a summary and analysis of the public comments and input regarding the use of eminent domain to restructure mortgages. The memo discussed a number of legal issues as well as issues that relate to the FHFA. The memo stated the pros and cons of such a plan too: Proponents claimed “…if securities have lost value, then the proper and fair valuation of mortgages backing the securities through eminent domain results in no loss to a securities investor, but permits a restructuring of a loan that would benefit homeowners and stabilize housing values…” while opponents point to “…numerous legal problems with the proposed use of eminent domain; some centered on the proper use of eminent domain itself and others on attendant constitutional issues related to taking of property or sanctity of contract. Opponents noted strong reaction of financial markets that support home financing in terms of upsetting existing contracts but as well creating an unworkable situation for providing and pricing capital based on the uncertainty of such a use of eminent domain…” However, the conclusion states, “…there is a rational basis to conclude that the use of eminent domain by localities to restructure loans for borrowers that are “underwater” on their mortgages presents a clear threat to the safe and sound operations of Fannie Mae, Freddie Mac and the Federal Home Loan Banks as provided in federal law…”

by Dan Krell
© 2014

February 14, 2014December 13, 2022

The magic of 4 to sell a home

For a successful home sale, you need to focus on four areas…

Spring is rapidly approaching – are you one of the many home owners listing your home for sale this year? Sure, last year may have seemed like a breakthrough, but the still recovering housing market is just as quirky as The Doctor’s TARDIS. And unless you consider condition, preparation, pricing, and marketing; your home sale could fall flat.

A home’s condition can affect a home’s sale price (sometimes significantly), and is often overlooked by home sellers and listing agents. It is not uncommon for owners to put off home maintenance, especially after the financial crisis of 2008; housing experts estimate that home improvement spending decreased about 28% between 2007 and 2011. Deferred maintenance can deter some home buyers, while motivating others to make a low offer. You can get an idea of potential cosmetic, mechanical, and structural issues by having a pre-listing home inspection.

Whether or not you choose to address deferred maintenance and repairs prior to listing, preparation is required to get ready for home buyer viewings. One of the most important things to do to prepare your home is to declutter. Decluttering is often overwhelming because sellers expect to make the home immaculate; but really, the purpose to decluttering is to give rooms a neat and spacious feel. Decluttering will make you decide which items to keep, what to throw out, give away, or put in storage.

Home staging is a way to create a “vision” for home buyers. Home staging can get pricey if you hire a staging professional and rent furniture. But it doesn’t have to be expensive; “do it yourself stagers” can often transform a home with little or no money. If your home is vacant, inexpensive rentals can be used as room “place holders,” to help convey a room’s size and use to buyers.

Pricing your home correctly can mean the difference between a successful sale and languishing on the market. A common mistake that occurs in a recovering market is the eagerness to price high; but buyer push back can be an abrupt awakening to the realities of the housing market – making you wonder why your home is not selling. Be careful of the listing agent who intentionally over-prices your home, this is an old technique to persuade you to sign a listing agreement; the flip side is listing with an agent who intentionally prices the home too low, promising a “quick” sale (which only makes the sale easy for the agent).

Marketing a home sale has changed significantly in the last five years. Gone are the days of “set it and forget it.” Creative agents are constantly seeking avenues to publicize and promote listings. A sales strategy can determine the correct positioning for the home; while implantation of a marketing plan can include new and imaginative methods, such as placement in specialty magazines and websites, video, and even open house “parties.”

Many don’t realize that the internet is where a majority of home buyers now congregate, viewing your MLS listing across hundreds of websites. To bolster online appeal, make certain your agent uses professional pictures, inspired home descriptions, and complete MLS information. Be wary of new marketing technology, which often has mixed results; for example: “virtual staging” is a technology than can enhance online appeal by electronically staging a home, but can flop when buyers expect to see what is pictured.

by Dan Krell ©
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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. This article was originally published the week of February 10, 2014 (Montgomery County Sentinel). Using this article without permission is a violation of copyright laws. Copyright © Dan Krell.

January 24, 2014July 25, 2019

Home buyers become internet detectives

Home buyers have access to more information in today’s internet connected society than ever before. Home buyers have become internet detectives, doing their home buying research online.

Years ago, a buyer would have to act as a detective to verify or uncover more information about a home; their sleuthing could take up lots of time at the court house and library, as well as interviewing neighbors. Besides the seemingly countless number of online resources for home searches, buyers today also have many internet resources available to them to obtain home and neighborhood information.

Home buyers are internet detectives.

Neighborhood and demographic information are now readily available online in many home search websites. For example, neighborhood information currently displayed includes information about a zip code that includes: home sale statistics; general population demographics; economic, school information and environmental information; and even information about quality of life. Other popular search sites with lots of valuable information include (but not limited to): zillow.com, trulia.com, and redfin.com.

Many home buyers also look to greatschools.org as a reference for local school information. The website describes itself as a national non-profit whose mission is to “inspire and support families to champion their children’s education – at school, at home and in their community…”

As interest in the paranormal has increased, more people are interested in knowing if someone died in their home. For a fee, diedinhouse.com offers a report that could include: if a death occurred in the home, the name of the deceased, cause of death, list of previous residents, and possible information about the death.

Besides commercial websites; state, county and municipality websites also offer an abundance of information. For example, some of the local agencies that maintain websites hold valuable data to home buyers and owners. For example, the Montgomery County Department of Housing and Community Affairs’ eProperty Data Mining Tool. The tool allows you to search multiple State and County databases for information about a home. Information that may be included: Department of Assessments and Taxation Real Property, code enforcement, permits, and Montgomery County Police.

Home buyers who are curious about neighborhood crime can find a number of commercial websites that map crime and offender information; however, to get accurate and timely information, you should probably look to the local police departments. By directing specific questions to the police by visiting local precincts, you can obtain a wealth of information. However, much of the information can also be viewed online: For example, the Montgomery County Police website has links to local crime statistics and even active warrants. The site also has a link to the sex offender registry (which is maintained by the Maryland Department of Public Safety and Correctional Services) as well as information about receiving alerts when an offender moves into your zip code.

Another local agency that offers information is the Montgomery County Department of Permitting Services. The website offers a data search tool that can display recent permit applications and permit status for a specific address. The site also includes zoning and code information. However, online County Master Plan (montgomeryplanning.org) information is offered by Montgomery County Planning Department, and can be viewed at.

As online resources grow, anyone can join the “internet detectives.” Although there are many online resources available, the websites listed here are not inclusive; I am not endorsing any commercial websites. Besides being cautious when visiting websites; you should acknowledge that many commercial sites are not 100% accurate, as disclaimers will disclose that technical and/ or reporting errors can occur in the collection and/or reporting of data.

Original located at https://dankrell.com/blog/2014/01/24/home-buyers-become-internet-detectives/

By Dan Krell
Copyright © 2014

January 16, 2014November 23, 2021

When real estate imitates cinema

Does cinema imitate life, or is it the other way around?

I have always said that being a real estate professional is more than just selling homes – it’s about the people, relationships, and the occasional interesting story. So, here’s a few recent stories where real estate imitates film.

Reminiscent of American Beauty… Late last year, a story emerged about a law suit against a real estate agent who allegedly used a home as a rendezvous place for sex. In their suit, the owners of the New Jersey home alleged that the agent they hired to list their vacant home kept buyers away by over pricing it; and by the way – he allegedly used the home as a clandestine sexual meeting place. The agents involved were reportedly recorded on hidden video cameras (nj.com).

Although the comedy Neighbors highlights the obnoxious relationship, real life bad neighbors are not as humorous… A recent report of a New Jersey home buyer taking action against the home builder received national attention. The buyer sued the home builder alleging that the home builder did not disclose that the neighbor is potentially antagonistic; and if it was known, might have affected the buyer’s decision to purchase the home (abcnews.go.com).

This story has a twist like Down and out in Beverly Hills…Thinking outside the box, a Denver real estate agent had the brilliant idea to help a homeless man. The agent passed this homeless man daily, and decided to help him out – but not with a handout. The agent hired him. The homeless man held a sign that used to read, “I’m cold. I’m homeless. I’m hungry. Spare Anything.” Now the sign reads, “No need for your cash! I’m sponsored by Joe Manzanares.” (kdvr.com).

Mistaken identity is often the plot of a movie, but not like this…This story comes from Fort Worth, where a couple’s home was mistakenly knocked down by the city. The family was planning to move into the home that the grandmother lived in. The owners visited the home often for maintenance. However, on one occasion they realized the home disappeared. The city mistakenly demolished the home, when the home next door was scheduled for demolition. The ABC News report explains that this occurs more often than you think; human error is often cited for mistaken demolition (abcnews.go.com).

Who You Gonna Call? – Ghostbusters! When they listed their Pennsylvania home, the home seller wasn’t sure about disclosing the strange phenomenon that he experienced. Even though the seller admitted having a scientific mind, some occurrences were hard to explain. The seller’s stories included hearing people talking when he was with his infant daughter, hearing doors slamming. When he listed the home, the description read: “Slightly haunted. Nothing serious, though.” You might think that home buyers might be scared away, but the seller was pleasantly surprised by the publicity that was gained from the report – and the abundance of offers for the home (zillow.com).

A real life War of the Roses … When a Michigan man moved into the home next door to his ex-wife and her husband, no one expected this. A twelve foot sculpture was erected in the back yard directed to the neighbor – “flipping the bird.” Oh, and there is a spotlight to help see it at night (deadlinedetroit.com).

by Dan Krell ©
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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. This article was originally published the week of January 13, 2014 (Montgomery County Sentinel). Using this article without permission is a violation of copyright laws. Copyright © Dan Krell.