The Agent Center Blog

What the heck? Greed is going to get the best of all of us!

Support - The Agent Center - Friday, August 07, 2009
What the heck? Greed is going to get the best of all of us!

It all started when 400 leads within one city delivered once a month DIDN’T sound too good to be true.

I just spent the last couple of days trying to get a refund for one of my real estate agents…yes…I’m now chasing down refunds, so I guess that makes me the refund manager or something.  

Here’s the deal, the agent in question…(I won’t mention any names) was drawn into a sales pitch that for $1,390 buy in and $595 a month she would receive 400 short sale leads monthly within an exclusive territory. Too bad the agent down the street received the same leads. (Did I mention that the list had apartments in there?) Anyways, the weak leads weren’t my problem…as she explained the story to me all kinds of red flags went up. I usually don’t lose my mind…but this time I did. One of those scrupulous companies got a hold of one of MY agents…I wasn’t going to have any part of that.

So, I went through all the material she received, and the website. Are you kidding me? Let’s start with the company in question mimicking the Federal Trade seal, using the Mortgage Forgiveness Debt Relief title and Program 3648 as their slogan….that’s just to start. See anything wrong with that? Well the FTC and other government agencies do.

What was it that really what got me so fired up? Could it be that they required my agent to use random disclosures, their company business cards (stating- program 3648 certified representative) and then trained them how to defraud the lender…are you kidding me? Oh! I have proof! And there’s more, it went on and on…and really, it’s too bad, because the overall concept was fabulous. It’s a shame…I hate to see a good business plan go to waste.

The short of it, that’s ending up long. I called the CEO and sent him a little friendly email (O.K. not so friendly) and all hell broke loose. All I kept hearing was that in deed the program was created for the good of the people and that they weren’t doing anything wrong. When I mentioned a couple of state laws they were breaking, they didn’t even know there were such laws. When I mentioned you can’t mimic government programs…they were clueless. (You can change the nose on Mickey Mouse, and it’s still Mickey Mouse) Even my three year old can understand that! Over and over….”we are just a short sale processing company”. Here’s a pointer; when you start mandating how an agent practices real estate – “you” are practicing real estate - making you no longer “just short sale processing company”.  When you break state laws it’s called Cease and Desist from the DRE and when you start breaking federal laws it’s a $100,000+ fine and possible jail time from the FTC. No really, I do want to keep the shirt on my back.

Whew! That’s a lot – the moral of the story is she got her money back…but I fear for the others that have already fallen into the trap and weren’t so lucky.

Nooo! I’m not going to mention the name of the company...but I can tell you, they won’t be around along, CAR and other government agencies are all over it. So I suggest staying away from anything that mimics government programs – or you too, could be big trouble sooner than you think.

Underwater Mortgages to Skyrocket by 2011

Support - The Agent Center - Thursday, August 06, 2009
Underwater Mortgages to Skyrocket by 2011

A new report by Deutsche Bank estimates that by 2011 nearly 50 percent of U.S. home owners with mortgages will owe more than their homes are worth.

This estimate of 25 million borrowers is significantly higher than similar calculations by other economic and real estate analysts. For instance, Moody’s Economy.com projected that 17.5 million will be underwater by early 2010.

Currently, about 26 percent of home owners choose to walk away from their mortgages because their equity falls short of what they owe, according to a report by Paola Sapienza, a finance professor with Northwestern University, and Luigi Zingales, a finance professor at the University of Chicago. Their report suggests that situation could worsen if the percentage of underwater mortgage holders increases.

Not everybody agrees with Deutsche Bank’s analysis.

Tom Lawler, a well-respected independent housing economist, wrote that given the recent increase in home sales in many areas, “there is absolute[ly] no doubt that the DB ‘model’ forecast will show a huge miss to the down side on home prices.”

Source: CNNMoney.com, Les Christie (08/06/2009) and The Wall Street Journal, Nick Timiraos (08/07/2009)

 

 

 


Buy foreclosures now - before it's too late

Support - The Agent Center - Thursday, August 06, 2009
Buy foreclosures now - before it's too late

In many markets, if you want to buy a repossessed property, you better come with your best offer first -- and fast.

By Les Christie, CNNMoney.com staff writer
Last Updated: August 6, 2009: 9:40 AM ET

NEW YORK (CNNMoney.com) -- You've heard of speed dating? It's got nothin' on foreclosure buying these days. In many places, anyone who wants to buy a foreclosure better act fast, or they're going to come away with bupkus.

REOs, the industry term for homes repossessed by lenders and put back on the market, are often selling in a day -- sometimes in less.
"We're seeing REOs go very quickly. Offers come in immediately after the listing comes on the market, within 24 hours," said Brad Geisen, founder of Foreclosure.com. Some homes have been put into contract in less than 90 minutes.

In Stockton, Calif., foreclosure ground zero, the market has changed radically. Last summer, Cesar Dias became famous for founding the "foreclosure tour," in which he packed potential buyers on a bus and ferried them around to some of the thousands of distressed properties.

Today, the foreclosure tour in Stockton is history. There are too few REOs.

"For every listing that comes out, we have 10 buyers," said Dias, an agent with Approved Real Estate Group. "We had a lot of inventory last summer. Now we're down to 1,500 listings -- from more than 5,000."
Read the full story

First Published: August 5, 2009: 12:28 PM ET

Home Values Will Go UP - Two Reasons Why

Support - The Agent Center - Thursday, August 06, 2009

Home Values Will Go UP - Two Reasons Why

#1 - Increase in Population = Increase in Demand

The population of the United States has grown by an average of 1.27% every single year since 1900. At current population levels, this means that we are adding about 3 million people to our population every year. As our population grows, we have about 1.3 - 1.5 million new households that are formed each year. These can include people who graduate from college and enter the work force, and adults who are currently living with their parents that decide to move out on their own.

Over the last 30 years, the average growth in new households has been about 1.4 million each year. Of course, these people will need a place to live.

In fact, the National Association of Realtors estimates that up to 40% of all home buyers in today's market are purchasing their first home - a perfect indication that this segment of the marketplace will continue to thrive even in the midst of an economic downturn.

The growth in population isn't the only thing that will increase demand for new housing. In fact, approximately 300,000 housing units are demolished each year. This is primarily due to functional obsolescence because buildings become old and outdated. This means that the demand for new housing is about 1.7 million new units each year in order to replace the demolished homes and house the new households that are formed. Okay; so now that we understand the demand for housing, what does the supply look like?

#2 - Less Building = Decrease in Supply

It's no secret that home builders are struggling in this economy. In fact, the number of new housing units being built went from a peak of 2.1 million in 2005 to less than one million in 2008. New housing starts for 2009 are also scheduled to come in below one million as the market continues to work off the excess supply of housing that was built during the last few years. In fact, here's an interesting breakdown of new housing starts since the year 2000:

  • 2000 = 1.6 million new units

  • 2001 = 1.7 million new units

  • 2002 = 1.7 million new units

  • 2003 = 1.9 million new units

  • 2004 = 2.0 million new units

  • 2005 = 2.1 million new units

  • 2006 = 1.8 million new units

  • 2007 = 1.3 million new units

  • 2008 = less than one million new units

  • 2009 forecast = less than one million units

As you can see, from 2000 - 2002, the supply of new housing units each year was just about right in order to meet the demand of 1.7 million as outlined above. However, things started to get a bit out of whack with some oversupply in the market between 2003 and 2006. Home values went into decline from 2007 - 2009 as the market started working through this over-supply.

However, sometime during the next 12-24 months, the oversupply of housing units will be completely absorbed due to the demand issues that we outlined above. In fact, if the trend continues, there could even be a housing shortage at some point in the next two years unless home builders start building new units at a much quicker pace! Do the math yourself:

  • Annual Demand for New Housing Units: approximately 1.7 million new units

  • Annual Supply of New Housing Units: less than one million

  • Bottom Line: Demand will become greater than the supply at some point in the near future, and house prices will go up.

Remember, there is no "national housing market" as all real estate markets are local. Therefore, a state like Michigan that is losing population may take longer to see house prices recover and go up; while a state that is gaining population, like Texas, may see house prices go up much sooner. In all cases, talk to your mortgage, financial, and real estate professionals for more details regarding your specific marketplace.

If you are in the market to purchase a home or refinance your existing home(s) before inflation kicks in and are planning to shop around for the best lender or broker, take a look at “Shopping Around”.  Low rates and low fees are what everyone wants, I know that. This guide will help you determine who will be the best fit for you and your family when making such an important decision. Most lenders are brokers are in the same ball park when it comes to rates and fees. Where an experienced professional truly earns their pay is during the planning process and after the transaction closes. A true adviser will tell you what you don't know, offer alternatives to traditional thinking, and continue to provide value to you and your family after your transaction is complete. Be sure to take this into consideration before making your decision.

Kurtis Kooiman, CMPS
Certified Mortgage Planning Specialist
President of Silverstar Finance, Inc.
Irvine Chapter President of Society of Financial Awareness

The Agent Center Blog Contributor

Obama mortgage rescue: Only 9% getting help

Support - The Agent Center - Wednesday, August 05, 2009
Obama mortgage rescue: Only 9% getting help

In many markets, if you want to buy a repossessed property, you better come with your best offer first -- and fast.

By Tami Luhby, CNNMoney.com senior writer
Last Updated: August 5, 2009: 8:04 AM ET

NEW YORK (CNNMoney.com) -- The Obama administration's first progress report on its foreclosure prevention plan confirms it is off to a slow start.

Just 9% of delinquent borrowers are in trial modifications so far, the Treasury Department said Tuesday. That translates into 235,247 loans that were at least two months delinquent.

Under fire for the program's rocky start, the Obama administration says it is on pace to help up to four million homeowners over the next three years. The initiative was announced in February and the first institutions to join began accepting applications in April.

Tuesday's report comes a week after the administration called servicers to Washington, D.C., to discuss ramping up the program's implementation afterhearing a flood of complaints from borrowers. Officials want to see 500,000 loan modifications under way by Nov. 1.
By releasing the servicers' progress reports, the administration is hoping to hold institutions responsible for their performance. The monthly reports will allow the public to see which institutions are lagging in implementing the plan.

Institutions have extended modification offers to 406,542 troubled borrowers, or 15% of those behind in payments. The bulk of trial modifications have been done by a handful of servicers.

Performance was very uneven among the 38 servicers participating in the program. Saxon Mortgage Services, a subsidiary of Morgan Stanley (MS, Fortune 500), led the pack, putting 25% of its delinquent loans into trial modifications, followed by Aurora Loan Services, a subsidiary of Lehman Brothers Bank, with 21%.

GMAC Mortgage, which is partly owned by the federal government, put 20% of its delinquent loans into trial modifications.

Among the major banks, JPMorgan Chase (JPM, Fortune 500) came in first with 20% of late loans in trial modifications, followed by Citigroup (C, Fortune 500) with 15%. Wells Fargo (WFC, Fortune 500) and Bank of America (BAC, Fortune 500) lagged with 6% and 5%, respectively.

Servicers contacted acknowledged they need to improve their performance, saying they were committed to the president's foreclosure prevention plan. They also stressed that they were doing many modifications outside of the administration's initiative.

Read the full story

First Published: August 4, 2009: 9:05 AM ET

FHA Drops Lender on Suspicion of Fraud

Support - The Agent Center - Wednesday, August 05, 2009
FHA Drops Lender on Suspicion of Fraud


The FHA's third-biggest lender, Taylor, Bean and Whitaker Mortgage Corp., has been dropped from the agency's loan program due to possible fraud.

An independent auditor found "irregular transactions that raised concerns of fraud," but FHA said the Florida-based firm failed to file a mandatory annual financial report and indicated that there were no outstanding issues related to the audit.

Experts say it could fold as a result; and with less competition in the industry, mortgage rates could rise.

"It's just a question of demand and supply," stated Equity Now Inc. President Michael Moskowitz. "If Taylor Bean goes down, it's a pretty big deal."

Source: Bloomberg David Mildenberg and Jody Shenn (08/05/09)


What Are They Misinforming the Public About This Time?

Support - The Agent Center - Thursday, July 30, 2009

What Are They Misinforming the Public About This Time?


I was sitting at my desk on a Wednesday night around 7:30 p.m. just trying to wrap up another work day and of course just before I’m leaving I received one of those pesky blast emails from another loan modification company. I asked myself, “what are they are misinforming the public about this time?” So of course I had to open it! I really don’t understand, IF they are going to send these things out with tons of wrong advice…would they not think to remove a broker of 17 years from the email list? Yes, I had to shoot an email to them suggesting they quickly get their facts right. Shame on me…I’m not sure why I get so fired up and feel the need to waste valuable time responding, but quite frankly I feel for those who fall victim, believing this stuff and misled by declared professionals regarding short sale, loan modification and short refinance tax ramifications. Are they just trying to make a quick buck and hoping the consumer will close their eyes when taxed on the deficiency amount of which could be upwards of 40% of the balance? Maybe they have some “master plan” which includes not being around to fess up to their mistakes. So what exactly was it that got me fired up? I shouldn’t…but I will, I definitely can’t mention the company name - but here is the excerpt:

Excerpt from a Random Loan Modification Company soliciting a Short Refinance

“4. You don't pay tax on the deficiency balance (the amount your principal is lowered) as long as you are the primary resident whereas, with a loan mod, the principal balance is NOT lowered in the first place, and with a short sale, even though the balance you owe is lowered when the bank sells it, you owe taxes on the deficiency balance. Please talk with your CPA.”

“What?”

Are you kidding me? Please people - don’t believe this stuff! I’m thrilled they at least suggested a CPA. There is however multiple ways to qualify for tax relief….but for these people to state “just because you live in the house you don’t have to pay taxes” and never even mention a possible deficiency judgment is asinine. This is a huge issue and potentially an enormous debt you could be walking into. Take the time to simply learn the steps to protect yourself…it’s not that hard. FYI - any mortgage balance reduced, waived, shaved off, sold and walked away from carries a potential tax consequence or a deficiency judgment. Know you state laws and rights; don’t avoid considering a short sale or short refinance….just pick a credible source like The Homeowner Center to get all your life changing facts from.

Christina Inman – Broker, Contractor, Author

http://www.thehomeownercenter.com

Short Sales: 7 Legal Pitfalls

Support - The Agent Center - Wednesday, July 29, 2009

Short Sales: 7 Legal Pitfalls

In many areas, short sales are the biggest game in town. But you don't want to jump into this niche willy-nilly.

By Robert Freedman | April 2009

In addition to educating yourself on the ins and outs of these complex deals, you also need a good picture of the legal risks that exist for you.

 1. Misrepresenting tax consequences.

Although it’s true that the federal government passed a law in 2007 directing the IRS not to count mortgage debt forgiven by a lender as income, the provision is limited. It applies only to purchase money; it doesn’t apply to debt on a cash-out refinancing, and it doesn’t apply to second homes. There’s also a dollar limitation, albeit a generous one ($1 million for married couples filing separately, twice that for joint filers). "A lot of associates are telling people there are no tax consequences," says Lance Churchill, a short sales specialist and trainer who operates in Boise, Idaho, and San Diego. "But it’s a limited law and you just need to be accurate about it."

 2. Misrepresenting how secondary debt is treated.

Practitioners might mistakenly tell sellers that all the house debt is forgiven once the primary lender approves a short sale. But that might not be the case, Churchill says. Holders of second deeds of trust don’t typically forgive the debt. More commonly, they accept a partial payment, like $2,000; and rather than write off the balance, they sell the balance to a collection agency for another few thousand dollars. In many states, these second loans are recourse, so sellers can be caught by surprise when the collection agency contacts them a year later seeking payment of the debt.

 3. Acting on inappropriate lender requests for seller contributions.

It’s not uncommon for lenders to go after money that the sellers have in the bank or in a retirement account before they approve a short sale request. They’ll sometimes seek to put the onus on the real estate practitioner to get sellers to sign over a note for the amount they have in the bank as a condition of sale. But in states where mortgage debt is nonrecourse, lenders have no right to the money, and associates that suggest otherwise to the sellers might be later sued for negligence.

 4. Breaching fiduciary duty.

Investors are increasingly executing what’s known as a "double close and flip," a type of short-sale transaction that can leave practitioners exposed to irate sellers who say they got a raw deal. Here’s what typically happens: Investors insist on handling short-sale negotiations with the lender, freeing up their real estate practitioner to concentrate on finding a buyer. During the negotiations, the investors—often without the practitioner’s knowledge—talk the sellers into turning over the deed. Once the practitioner finds a buyer, the investors do a double closing, buying it themselves at a deep discount and then flipping it to the buyer at the listed price, making money on the spread. "The seller might feel he got less than he would have had the associate done his job and not handed over negotiations to the investor," says Churchill. 

5. Providing poor oversight of a loss mitigation company.

Companies that specialize in managing short sales promise to focus on the complicated details of the short sale, freeing up practitioners’ time to find buyers. But if you take a hands-off approach, you can be charged with negligence if a deal falls apart. "A lot of these companies are fly-by-night or have one person who’s overworked," Churchill says. "Practitioners are coming back a month later to find no one’s even opened the file."

 6. Lacking the required license to undertake loss mitigation.

It often makes sense for practitioners to take a two-pronged approach with clients facing a difficult time paying their mortgage—first trying to help them accomplish a loan modification (for a fee), and then finding a buyer if a modification doesn’t work. But watch out. Depending on your state, you could need a specific license, sometimes called a credit repair license, to earn a fee for helping owners modify mortgage terms. Without having the right credentials, taking a fee for loan modification assistance could be a criminal offense.

 7. Facilitating transactions not listed on the HUD-1 form.

It’s not uncommon for investors to offer incentives to sellers to move a deal forward, but lenders typically frown upon sellers who walk away with money when they’re supposedly taking a loss. Investors sometimes work around this limitation by offering to buy something from the sellers at an attractive price, such as a couch for $5,000. Associates who communicate these offers to sellers can get tied into charges of lender fraud because the deals may be deceptive.

 Robert Freedman is a senior editor of REALTOR® magazine. He can be contacted at rfreedman@realtors.org

New Loan Disclosure Rules May Potentially Affect Close of Escrow

The Agent Center - Monday, July 20, 2009
New Loan Disclosure Rules May Potentially Affect Close of Escrow

Starting July 30, 2009, if the APR on an initial Good Faith Estimate is no longer accurate (within a 0.125% range) at close of escrow, a lender must generally provide a residential borrower with a new disclosure and a three-day right to rescind before consummating the loan.  REALTORS® are forewarned that, because of this new three-day waiting period, a lender's failure to timely provide corrected disclosures has the potential of delaying funding of the loan and close of escrow.

This new requirement is part of the Mortgage Disclosure Improvement Act (MDIA) implementing new loan procedures to protect borrowers and foster greater transparency in mortgage lending.  For loan applications submitted on or after July 30, 2009, the new MDIA changes to the Truth In Lending Act are generally as follows:

    * Applicability: The new MDIA rules pertain to federally-related mortgage loans covered under RESPA and secured by a consumer's dwelling.  The rules apply to both purchase and refinance loans.

    * Early Disclosures: A lender must provide a borrower with an initial Good Faith Estimate within three business days of receiving the borrower's written loan application as specified.  For this provision, a "business day" is generally defined as a day on which the lender's offices are open for business.

    * Upfront Fees Restriction: Neither a lender nor any other person may impose an upfront fee on the borrower (except for credit report) until the borrower has received the early disclosures in person or, if mailed, three business days after the early disclosures are mailed.  For this rule, a "business day" is defined as all calendar days except Sundays and legal public holidays as specified.

    * Seven-Day Waiting Period: A lender must wait seven business days after providing the early disclosures before consummating the loan.  For purposes of this waiting period, a "business day" is defined as all calendar days except Sundays and federal legal holidays as specified.  A borrower may waive the waiting period in writing in case of personal financial emergency, such as an imminent foreclosure sale.

    * Re-disclosure Requirement: If the final Annual Percentage Rate (APR) at loan consummation varies more than 0.125% (or 1/8 of one percent) from the initial APR on the early disclosures of a regular transaction, the lender must provide the borrower with a corrected disclosure at least three business days before the loan is consummated.  For purposes of this waiting period, a "business day" is defined as all calendar days except Sundays and federal legal holidays as specified.

    * Three-Day Waiting Period: For corrected disclosures, a lender cannot consummate a loan until three business days after the borrower receives the corrected disclosure in person.  If the corrected disclosure is mailed, the borrower is deemed to have received it three business days after it is placed in the mail.  A borrower may waive this waiting period in writing in case of a bona fide personal financial emergency, such as an imminent foreclosure sale.

The new MDIA rules and regulations are set forth at 74 Federal Register 23,289 (May 19, 2009) (to be codified at 12 CFR 226).



Mortgage Rates Bob Up and Down

Support - The Agent Center - Thursday, June 18, 2009

Mortgage Rates Bob Up and Down

For homeowners that are holding out for sub-5 percent rates, sorry but I think that ship has sailed," he said. "The low 5s might be the best we can hope for."
 
In addition to the drop in 30-year rates, the 15-year is now at 4.89 percent.  Borrowing costs should not be an impediment to those looking to buy a house, McBride said. "Make no mistake, these rates are low and they're going to stay low," he said. "The Fed still has approximately $1 trillion in its buyback program to put to work for the balance of 2009. That will continue to keep a lid on mortgage rates.”
 
Read rest of Article: Mortgage Rates Bob Up and Down.

 
How much longer can you wait to lower your payments? If I cannot save you at least $200.00 a month, I won't even bother. Every month you wait is another month you could be saving money.  And remember, if your loan is a Fannie Mae loan, it can be refinanced up to 105% of your homes current value not counting the second mortgage if you have one.  For example, if you have a home that is worth $400,000 and you owe up to $415,000 on the first and suppose you owe $50,000 on the second, we can still do the loan to $420,000 because your first mortgage is not more than 105% of the value.  Yup, I said it.
 
Talk to you soon!

Kurtis Kooiman, CMPS
Certified Mortgage Planning Specialist
President of Silverstar Finance, Inc.
Irvine Chapter President of Society of Financial Awareness

The Agent Center Blog Contributor


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