Real Estate News and Commentary

July 16, 2008August 7, 2022

Is Your HOA Out of Control?

by Dan Krell © 2008
Google+

If you live in a common ownership community (such as homeowners association, condo association, or cooperative) you may have experienced a confrontation with your community management company or board of directors. Disputes between home owners and their association boards and/or community management companies often arise out of miscommunication, poor communication, and sometimes sheer pride. Unfortunately, disputes can get out of hand when the parties are committed in being “correct” rather than being committed to resolution.

Many times, home owners are confronted by their community’s management company and/or board members because of violations of the community’s Covenants, Conditions, and Restrictions convents and regulations (also known as governing documents). The community is usually within their right as long as the compliance “requests” are communicated within the legal and governing documents guidelines. Usually compliance with the governing documents is not an issue as most residents act in accordance within their community guidelines. However, other home owners attempt to fight their communities through escalation, which usually ends up in court. If the association acts within its governing documents as well as legal guidelines, the court will usually rule in favor of the association.

Sometimes, frivolous laws suits are filed by disgruntled home owners, whom have personal disagreements and disputes with their board members or the community management company. The courts typically do not look kindly on frivolous law suits and will usually award the common ownership community with remuneration of their attorney’s fees.

However, what happens if your common ownership community does not act within the law and/or the governing documents? There is no shortage of stories of abuse and corruption within community management companies and community directors. According to the American Homeowners Resource Center (AHRC.com) and the Maryland Homeowners Association (Marylandhomeownersassociation.org), community home owners have legal rights that should not be violated. The Maryland Homeowners Association cites the Code of Maryland as the source for local home owner rights. The ongoing potential for abuse and corruption within common ownership communities was underscored when the State legislature created the Task Force on Common Ownership Communities in 2005 to look into the problem. The Task Force’s recommendations (published in 2006) include dispute resolution models that were modeled after the Montgomery County Commission on Common Ownership Communities.

The Montgomery County Commission on Common Ownership Communities (housed within the Montgomery County Office of Consumer Protection) was established in 1991 and is committed to providing owners, tenants, residents, boards of directors, and community management companies with information, assistance, and impartial dispute resolution programs. The CCOC provides these services to the public with integrity, transparency, and a commitment to the highest ethical standards.

An additional resource for home owners is the Maryland’s Attorney General’s office of Consumer Protection. The OAG has been authorized to enforce the Maryland Condominium Act, and as of 2007 the office is authorized to enforce the Maryland Homeowners Association Act (as a result of the Task Force on Common Ownership Communities).

Responsible community management is not a one sided affair, nor should it be evaded. Unfortunately, everyone will not agree all the time and disputes will arise. Fortunately, neutral resources exist to help community management companies, boards of directors and home owners work out a resolution before things get out of hand.

Originally published at https://dankrell.com/blog/2008/07/16/is-your-hoa-out-of-control-association-disputes-can-be-resolved/

July 11, 2008November 23, 2021

Don’t Panic – Housing relief is imminent

by Dan Krell © 2008
Google+

Thumbing through an old copy of the late Douglas Adams’ very popular story “The Hitchhiker’s Guide Through the Galaxy,” I find the “Guide’s” message of “Don’t Panic” apropos for anyone concerned about the real estate market or in need of assistance. “Don’t panic,” help is on the way.

Help is imminent in the final form of HR 3221: the American Housing Rescue and Foreclosure Prevention Act. HR 3221 is comprised of a number of other bills that have been proposed over the past year (which started in July 2007), and has been passed in various forms in both the House of Representatives and the Senate. The hang-up on its passage has been differences between the House and Senate version. The Housing and Economic Recovery Act of 2008 (Banking.Senate.gov) is the latest proposed changes to HR 3221 and is to be voted on in the Senate in the coming week. The evolution of HR 3221, along with its many names and Acts, can be viewed at House.gov and GovTrack.us.

One of the most controversial issues in HR 3221 is the provision for tax credits to home buyers. Although home buyer tax credits up to $7,500 will be provided as an interest free loan over fifteen years, advocates and critics have argued over the tax credit’s virtues and shortcomings.

The newest wording of the American Housing Rescue and Foreclosure Prevention Act comes from the Senate’s Housing and Economic Recovery Act of 2008. Highlights of this new version include the improvement and regulation of the government sponsored entities (Fannie Mae and Freddie Mac), permanent modernization of FHA, and foreclosure protections.

Oversight of the government sponsored entities (GSE) will be through a new office that will be responsible for establishing capital and management standards (which will include internal controls, audits, risk management, and portfolio management); enforcing its orders through cease and desist authority, civil money penalties, as well as the authority to remove officers and directors; restricting asset growth and capital distributions for undercapitalized institutions; putting a regulated entity into receivership; and reviewing and approving new product offerings.

Improvements within GSEs will include the permanent loan limit increases in high cost areas and required affordable housing goals. To assist in meeting those goals a Housing Trust Fund and a Capital Magnet Fund will be created, which will used for the construction of affordable rental housing.

Modernization of FHA will allow for broader access and a streamlined process to provide mortgages to home buyers in all areas. Additionally, FHA loan limits will be raised to 110% of area median home prices (with a cap of 150% of the GSE limit).

It is anticipated that FHA will also assist home owners who are in foreclosure. Originally known as the FHA Housing Stabilization and Homeownership Retention Act (H.R. 5830), (AKA HOPE for Homeowners Act of 2008), the program will provide refinancing assistance to those homeowners who are in foreclosure. If the home owner’s lender agrees to participate, the program will provide a new loan that is the lowest of either 90% of the home value or what the borrower can afford to repay.

Given all the necessary modifications and changes to the legislation, help is hopefully near. But just in case you are in doubt, remember not to panic.

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 7, 2008. Copyright © 2008 Dan Krell.

July 4, 2008November 23, 2021

HUD’s mortgage for seniors

by Dan Krell
Google+

Many people are blessed to live a long and healthy life. Unfortunately, the longer you live the higher the probability that you may run out of money in your old age. One solution for many senior homeowners is to tap into their home equity through a reverse mortgage. Although now a mainstream mortgage option, the reverse mortgage (sometimes known as an annuity mortgage) has had a rich and uncertain history.

According to the National Center for Home Equity Conversion (reverse.org), the first reverse mortgage was created in 1961. Over the years various forms of the annuity mortgage were developed and assessed through various studies conducted by savings and loans, non-profit organizations and the Federal government. The FHA reverse mortgage program was created in 1988 by President Reagan’s signing of the Housing and Community Development Act of 1987.

Although other sources for reverse mortgages existed in 1988, the FHA reverse mortgage program offered more benefits to borrowers and beneficiaries that most other programs did not. Presently, applying for the program is easy and has few qualifying restrictions. Additionally, when it’s time to repay the loan, if the loan balance exceeds the home value the FHA mortgage insurance will cover the shortage that is not met by your the selling of the home (which is not usually offered by other reverse mortgages). Repayment (by yourself or your estate) occurs when you no longer live in the home (for any reason).

While qualifying is easy, not everyone meets the underwriting criteria for a loan. Underwriting restrictions include a minimum age and home equity requirements. Applicants must be at least 62 years old as well as having the minimum equity requirements in the home you live in (meaning that your mortgage balance must be below a pre-determined percentage of the home’s value). Unlike traditional mortgages where you have to qualify for a monthly payment based on income and credit, the amount borrowed for a FHA reverse mortgage depends on your age, the amount of equity in your home (based on an appraisal), and prevailing program interest rates.

Unlike traditional mortgages that require a monthly payment, the FHA reverse mortgage does not require any payment at all while you reside in the home (although you must pay your real estate taxes, utilities and other home related items); and although you are not making payments on your FHA reverse mortgage, HUD will not foreclose.

The FHA reverse mortgage, also known as the Home Equity Conversion Mortgage (HECM), (offered through The Department of Housing and Urban Development; HUD.gov) is one of the most misunderstood mortgage programs available today. The equity conversion to annuity payments along with repayment responsibilities often gets mixed reviews due to the HECM’s affects on estates and other tax implications. Fortunately, HUD requires counseling for HECM applicants, to educate them of the implications of obtaining a HECM.

For more information about reverse mortgages, HUD recommends that you contact a HUD approved counseling service. Additionally, HUD will assist you in finding a HUD approved FHA reverse mortgage lender (this information is free of charge). HUD also recommends contacting the AARP (AARP.org) and the National Center for Home Equity Conversion (reverse.org) for more information on making an informed decision about obtaining a reverse mortgage.

June 30, 2008November 23, 2021

Maryland General Assembly says "Show us the money…"

by Dan Krell
Google+

The MD General Assembly does not literally want to see your money, however you are now required to disclose your income on all mortgage applications.

In an attempt to limit future foreclosures, avoid vacant eyesores in our communities, and spare the taxpayers of future bailouts, the Maryland General Assembly passed a law that requires all mortgage applicants to provide supporting income documentation when applying for a mortgage. In doing so, the state legislature has basically eliminated all stated income and “no-doc” loans; which are popular with self employed individuals.

Maryland is not the first state to eliminate these low documentation loans; Maryland joins Minnesota, North Carolina, and Illinois to require borrower income documentation for all mortgages. Stay tuned, other states will soon follow the trend.

Several weeks have passed since the implementation of Maryland HB 363 (aka Senate Bill 270), however the only mention of the new legislation comes from bloggers who complain that the income documentation portion of the law is unfair to the self employed. Many mortgage professionals feel that the across the board income requirement is an overreaction, and that such requirements are unnecessary as mortgage lenders have already changed their underwriting guidelines.

For those of you unfamiliar with the new legislation, here is brief synopsis of the entire law (which you can view at mils.state.md.us): Lenders are prohibited from charging prepayment penalties for mortgages; the Commissioner of Financial Regulation is to set mortgage lender licensing fees and examination requirements; expands the licensing requirements for mortgage lenders and mortgage originators; and lenders are to verify a borrower’s ability to repay a loan.

Unfortunately, there were many home buyers whose homes went to foreclosure because they could not afford the monthly mortgage payment at the time they purchased their home. Many of these foreclosures were “first payment defaults,” meaning they never made their first payment. By making the lender collect supportive income documentation from the borrower, the lender is now accountable for ensuring the borrower can afford the mortgage (by meeting debt to income guidelines).

If you are self employed, you may know that fully documented your income is much more complex than just providing a W-2 – but it can be done. Lenders are now required to collect third party documentation to support income (W-2/1099; income tax returns; payroll receipts; financial records; OR other third–party documents that provide reasonably reliable evidence of the borrower’s income or assets). In other words, “Show us where the money is coming from to pay the mortgage.”

Critics claim that self employed home buyers are penalized because they cannot provide the documentation to support their income. These critical claims that self employed home buyers have the income to support a mortgage payment but cannot provide documentation is suspect; it may suggest that the home buyer is not reporting their income (which is an entirely different matter), or is claiming that the amount that they deduct as legitimate business expenses will be used for paying their mortgage (which is also a different matter). I am not an accountant, but the critics’ logic against such legislation does not stand up.

If you are self employed and worried about obtaining a mortgage, don’t worry. Many mortgage options exist; and although not as prevalent, stated income loans are still available – but you should be prepared to present documentation to support your income.

June 20, 2008November 23, 2021

Buying vs. Renting

by Dan Krell
Google+

Is buying a home right for you?

A home owner recently told me that he had no idea that he would be able to sell his home for more than double his purchase price. When he purchased his home eighteen years ago, he recalls having kept to a strict budget so he could afford his mortgage payments and other related housing costs. Now, he will have a sizeable profit from the sale to purchase his dream home. This home owner’s story is like many other home owners’ stories of wealth building through home ownership.

Unfortunately, due to recent market fluctuations, some home buyers have questioned the value of home ownership. Decreased consumer confidence along with almost daily stories of foreclosure might make you wonder if any homes are selling.

Additionally, some renters feel that home prices continue to be too expensive for them to make the jump into home ownership. Economic commentator, Barry Ritholtz (bigpicture.typepad.com), believes that too; although the rent to buy cost ratio for the Washington area has dropped significantly from an all time high of 21.4 to around 16.6 (according to Moody’s economy.com), he feels that home prices are still too high nationwide as compared to the rent to buy cost ratios of the 1980’s and 1990’s (when the average ratio ranged from 10-14). However, even with a decreased consumer confidence, many understand the benefits to home ownership.

Many analysts and commentators agree that owning a home is typically better than renting. For example, Suze Orman has stated in a Yahoo Finance exclusive (biz.yahoo.com/pfg/e10buyrent) that “there’s no better investment.” Although Ms. Orman does strongly suggest having your financial matters in order as well as making certain that you can afford all the housing related costs before you make a move, she does state that “home ownership is a great achievement and a terrific investment.”

Although the benefits of home ownership are touted by many in the industry, owning a home is not for everyone. Renting does offer limited maintenance and the flexibility if you need to move, but home ownership offers tax incentives (tax breaks and deductions) as well as a chance to build equity.

Before you buy your first home, you might consider how long you intend to live in it before selling. For example, the National Association of Realtors reports that the typical home owner intends to stay in their home for ten years (although the actual time of ownership varies). Financial and affordability factors to consider before buying a home include interest rates and market conditions. However, some considerations are not financial but emotional; for example, some renters are concerned about their security deposit as well as dealing with an obnoxious landlord or management company.

Freddie Mac (FreddieMac.com) offers the following benefits to homeownership: Owning a home can facilitate your participation within a community, the home can be passed through many generations as a source of security, the tax benefits typically offset the amount you might otherwise pay for rent, your monthly payment won’t increase if you have a fixed rate mortgage, and building equity through home ownership “is the single greatest source of financial security and independence for the majority of people who’ve taken this step.”