Category: real estate

Posted on

Housing recovery may be in jeopardy; Allegations of foreclosure processing irregularities

by Dan Krell © 2010

For a housing market that seemed to have begun the healing process, the bandages appear to be unraveling. Recent reports of fraud during the foreclosure process as well as questions of mortgage note ownership have had several lenders, most recently Bank of America, freezing their foreclosure process until they can assure the foreclosure process is conducted legally and with integrity.

At first, everyone seemed shocked to learn of the alleged fraud involved in preparing foreclosure documents necessary to pursue a foreclosure. Some allege that the fraud, although not rampant within the industry, is systemic; it is a symptom of a high volume industry that is typically understaffed. Reports of robo-signing of thousands of documents per week (used to attest to the accuracy of the foreclosure documents) have become so vociferous that some state Attorney Generals are seeking investigations.

Most recently, news of a mortgage registry set up to facilitate the bundling and sale of mortgages on the secondary market cannot foreclose on delinquent home owners. The recent accounts of denying MERS (Mortgage Electronic Registration Systems) during the foreclosure process are just another blow to an already fragile housing market.

Much like allegations that foreclosure processing fraud is not new, the MERS situation should also not be a surprise. Way back in 1989, Henley Saltzburg (“Avoiding Legal Pitfalls”, Mortgage Banking; Apr 1989; 49, 7; pg. 38) highlighted documentation problems in secondary market by stating, “Incomplete or inaccurate documentation is a primary source of contractual litigation in the secondary market…” Furthermore, according to Steve Cook, of Real Estate Economy Watch, since 2006 Fannie Mae has ordered servicers to not name MERS as a plaintiff in foreclosure proceedings (“Straightening Out the MERS Mess”).

homeownerThe recent media coverage of these developments have people wondering about the short and long term affects on the housing market. Many fear that delaying the disposition of foreclosed properties by prolonging the foreclosure process may push home prices even lower. Even Mark Zandi, chief economist at Moody’s Analytics, was quoted in an October 4th Wall Street Journal article (Robbie Whelan. “U.S. News: Foreclosure? Not So Fast”) describing the current foreclosure situation as a “…growing mess in the foreclosure process…” and will be looking to a now prolonged housing recovery.

Industry experts are looking to clear up these matters as soon as possible. Fannie Mae Executive Vice President, Terry Edwards, issued a statement on October 1st saying that “steps” are being taken in coordination with regulators to ensure that servicers adhere to “the exact requirements of the law” as well as strengthen the review and due diligence procedure to protect borrowers’ rights while conducting the default process.

To highlight this crisis, the Senate Banking Commission Chair, Senator Chris Dodd (D-CT) announced that the commission will hold a hearing on November 16th to investigate allegations of impropriety in mortgage servicing and foreclosure processing.

Although some home owners are not fighting their lenders during the foreclosure process, some are clearly taking advantage of the foreclosure freeze by attempting to renegotiate their mortgage terms with the actual note holders. However, if you’ve purchased a foreclosure or short sale or you’re considering doing so- consult with your title attorney to ensure that your owner’s title insurance covers claims that may arise from such disputes.

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 11, 2010. Using this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell.

news
Posted on

Assumable mortgages and housing

The case to expand availability of assumable mortgages

by Dan Krell © 2010

When the financial markets went into crisis mode a couple of years ago, ideas were tossed around to help a housing market sliding into an abyss. One of the least compelling and unpopular, yet sensible proposals in the last two year to assist the housing market was increasing the availability of assumable mortgages. Because the appeal of assumable mortgages is somewhat of a long term plan and the severity of the crisis was deemed to require immediate and direct intervention, the assumable mortgage will have to wait for its day to come (again). That day may be arriving soon.

Besides the criticism about being an unfeasible short term solution to the housing market on the brink, some of the assumable mortgage proposals were unnecessarily complex and suggested immediate changes to existing mortgages and deeds of trusts; in fact some suggested immediate interest rate drops of existing mortgages to provide incentive to home buyers to purchase homes assuming those mortgages. Critics of assumable mortgages also claimed possible interference to the secondary mortgage markets proclaiming additional loss to the industry due to reduced mortgage originations.

If you’ve never heard of an assumable mortgage, it is a mortgage that allows someone to take over mortgage payments from a home seller as part of a home purchase transaction. Up until the late 1980’s many home mortgages were assumable; however of the mortgages originated today, only FHA and VA mortgage programs allow the homeowner’s loan to be assumed.

The features of an assumable mortgage that make it attractive to home buyers and sellers also make it disadvantageous. Besides allowing a home buyer purchase a home acquiring a mortgage with a lower interest rate than prevailing rates, which can make the mortgage payment more affordable; the home buyer undergoes a streamlined credit and income qualifying procedure; which reduces the overall stress of the mortgage process.

The benefits of an assumable mortgage for a home seller include the possibility of using the loan as a selling point to buyers looking to qualify at a lower interest rate with a streamlined mortgage process.

The downside is that the seller’s mortgage interest rate may be higher than market rates. Additionally, if the loan is significantly less than the purchase price the home buyer will most likely have to come up with a higher down payment. Other disadvantages may also include assuming the terms and conditions of the loan- including penalties and any prepayment conditions.

Assumable mortgages assisted lagging housing markets of the past, when sky rocketing interest rates and tight credit made it difficult to buy a home. Like past housing slumps, today’s housing market can also benefit from assumable mortgages. Besides reducing some lending pitfalls, today’s low interest rates could be assumed at a later time (when interest rates may be significantly higher). Although assuming someone else’s mortgage may not seem attractive today, it’s clear that historically low interest rates will not remain at this level much longer; increasingly difficult mortgage underwriting guidelines and higher interest rates will certainly make today’s mortgage attractive to future home buyers.

A simple solution to a probable enduring sluggish housing market is to expand the availability of assumable mortgages beyond FHA and VA so home buyers will have more options and incentive to purchase a home in years to come; in good economic times and bad.

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 13, 2010. Using this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell.

news
Posted on

Home renovations reservations

by Dan Krell © 2010

If you’re like the typical home buyer, you’d prefer to purchase a new home. However, most new homes are too big and too expensive. Buying an older home that has been renovated or updated may be a viable alternative. However, renovations and updates can vary in scale and quality; having a sharp eye and a thorough home inspection can assist you in revealing workmanship issues.

If you are considering purchasing a home that has been renovated or updated, the first question you should ask the seller is, “who completed the work?” Additionally, you should ask if there are warranties and if the warranties are transferrable. Many home renovations are completed by reputable, licensed contractors or builders who are familiar with the permitting process as well as building code requirements and sometimes offer a limited warranty.

However, the quality of the renovation/update is often reduced by some contractors who cut corners to save time and money; component installation is frequently the culprit of these problems and may be due to installer inexperience and/or carelessness. Poor workmanship can make the most expensive material look cheap. All identified issues should be pointed out to the seller to be repaired or replaced.

Although you should hire a licensed home inspector to conduct a thorough home inspection, you can sometimes identify quality issues in a renovated/updated home without much effort. The most common workmanship problems noticed by laypeople in a renovated/updated home are in the kitchen, bathrooms, and flooring; identified quality issues may be an indication of other underlying problems.

When looking at a renovated/updated kitchen, check the cabinets and appliances. The cabinets should be securely fastened to the wall; loose or inappropriately secured cabinets indicate a potential problem that could cause the cabinets to come crashing down at a later time. Refrigerator doors should open freely and should not be obstructed by cabinets or walls. The stove should have an anti-tip device installed; this is a safety device that can prevent a hot stove from falling on a child or an unsuspecting adult. The dishwasher should not feel loose and should be secured to the counter; an unsecured dishwasher can “walk” while operating and have the potential to pull plumbing components apart.

If plumbing is not installed properly, leaks can develop and obviously create future problems. Toilets should be firmly secured to the floor; a loose toilet can break the wax seal and result in a leak. Checking the water flow from the faucets may reveal plumbing problems; poorly connected pipes can sometimes be revealed by feeling the pipes under the sink for drips while the faucet is running.

Renovated/updated homes often have new flooring. Poor workmanship can be easily spotted if tiled or wood floors are not flat, even, and square to the walls. The carpet should feel taut; loose carpet is a trip hazard. Although problems in the subfloor cannot be easily detected, red flags should be raised if there are cracked tiles or uneven floors.

Remember that your keen eye is not a substitute for a thorough home inspection; a licensed home inspector should inspect all systems within the home (including plumbing, electrical, HVAC, etc). However, any issues you uncover while viewing a home will not only help you decide on purchasing, but can also assist you in determining your offer.

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 30, 2010. Using this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell.

news
Posted on

New laws affecting homeowners and homebuyers

Are you curious about new laws that may affect you as a home owner or home buyer? Now that the State legislative session is over, we can pour over the many bills affecting real estate. Some of the bills, such as a state home buyer tax credit, did not pass; however, there were many that did pass. Of the many that passed, here are the highlights:

Earlier this year, a transfer tax controversy stirred surrounding the decision by several local Maryland counties to collect transfer taxes on the forgiven mortgage amounts in short sales. In response to the controversy, Attorney General Gansler provided an opinion that temporarily deferred the contentious transfer tax collection. HB590 clarified the issue when it was signed into law on May 10th 2010, indicating that transfer taxes may not be collected on forgiven mortgage amounts in a short sale.

Low income residents who depend on the Maryland Homeowners’ Property Tax Credit program will find that the assessment limit will be raised from $300,000 to $450,000 (for tax years beginning after June 30, 2010). The tax credit program that has been around since 1975 limits the property tax paid depending on applicants’ income levels.

Federal employees who are stationed abroad get a break through an extension of the Maryland homestead credit. Normally, a home owner must reside in the home to receive the credit; however, HB 199 extends the Maryland homestead credit for federal employees who are stationed outside of Maryland. Effective for the tax year beginning after June 30th, 2010, the time limit to claim the homestead credit while outside of Maryland is six years.

Beginning October 1st, 2010, real estate sales contracts will be required to inform home buyers they have the opportunity to appeal the tax assessment on their new home. To appeal, the home purchase must be between January 1st and July 1st and must be made within the first sixty days of ownership.

Home owners in foreclosure are provided additional assistance through the new foreclosure mediation law (HB 472). The law that became effective July 1st, 2010 is supposed to give homeowners additional time and support to seek foreclosure relief by allowing a mediator assist the process. When lenders notify home owners of default, lenders are required to provide home owners foreclosure alternatives (such as lender and government mortgage modification programs). Before foreclosing, lenders are required to file affidavits describing foreclosure alternatives provided to the home owner as well as an opportunity for the home owner to “opt in” for foreclosure mediation.

Tenants residing in foreclosed homes are now extended additional protection under Maryland law. In addition to the notice that is required to be provided, HB 711 allows the tenant living in a foreclosed home an additional ninety day lease extension beyond the foreclosure sale. The law became effective June 1st.

Home owners filing bankruptcy later this year will have an increased homestead exemption, thanks to the passing of HB 456. Effective October 1st, the Maryland homestead exemption will now be equal to the federal exemption. The exemption can only be used for owner occupied properties and cannot be claimed by both husband and wife in the same proceedings.

Other new laws affecting real estate (ownership, transactions, etc) can be viewed on the “Legislative Wrap Up” of the Maryland Legislature.

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 © 2010 Dan Krell.

Posted on

Hiring family to sell your home: A relative experience

by Dan Krell © 2010

The thought of hiring a real estate agent can be unnerving, let alone the fact that you might have to consider hiring a family member to act as your listing agent. For some, familial pressure to hire a relative could be intense and may be a potential source of conflict; while for others, no one but “Cousin Jerry” would be considered to list their home.

Some people are ambivalent about hiring relatives for any service, let alone for a real estate transaction; they believe that mixing business with family matters is not a good idea. Besides asserting discretion over their business and financial dealings, these folks know that family ties and relationships could be at stake if the sale doesn’t go as expected. They do not want family matters or guilt to interfere with business decisions, especially if they feel a need to fire their real estate agent or even seek recourse.

Still many people do not have a second thought about hiring their “Cousin Jerry” as their listing agent. Besides feeling an expectation to do so, some people cite a comfort level and trust that exists from their long time relationship (which can be hard to come by when working with a stranger).

Many experts agree that it is not a good idea to hire a relative who is inexperienced and/or has a record of poor performance. So if you plan to hire a relative to list your home, consider that practicing real estate can sometimes be difficult even for a seasoned professional, let alone someone who is new to the field and/or is a part-time practitioner.

Believe it or not, the issue of commission is typically secondary when it comes to hiring a relative to list a home. Don’t expect to pay the least amount of commission if you plan to hire “Cousin Jerry” to list your home; he may be directed by his broker on commission negotiation. The fact is that most real estate agents are negotiable when it comes to commissions and you might find a better deal from someone else.

If you’re intent on “keeping it in the family” consider interviewing “Cousin Jerry” as you would any other real estate agent; become familiar with “Cousin Jerry’s” license and experience. Although “Cousin Jerry” may have a real estate license, it may not be in the jurisdiction where your home is located. However, if his license is within the proper jurisdiction- he may not be experienced in the local market.

“Cousin Jerry’s” lack of local market experience could jeopardize your sale by not providing the proper disclosures and understanding the various contracts of sale. Seller disclosures requirements may vary depending which county/city your home is located; even full time agents have a difficult time staying on top of county differences in seller disclosures. Additionally, “Cousin Jerry” should be careful to pay attention local agent etiquette, as potential buyers could be turned away.

If you want to work with “Cousin Jerry” but want to mitigate family interference, a couple of alternatives you might consider include: having “Cousin Jerry” refer you to an experienced local agent for a referral fee (so he is indirectly involved); or, have “Cousin Jerry” work in tandem with an experienced local agent so a professional can act as a buffer from family matters.

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 19, 2010. Using this article without permission is a violation of copyright laws. Copyright © 2010 Dan Krell.

news
Proudly powered by WordPress