abirenews

FHA Monthly Mortgage Insurance Premium Calculation - Y so Difficult?

2012-02-14T14:33:00.000-08:00

If you thought nuclear science was difficult to understand, try calculation of HUD's annual/monthly FHA Mortgage Insurance Premium on just a 30 year loan ...

Basically take .005 times average 1st year mortgage and then 1.225 times that result to get annual divided by 12 to get monthly...

I'm sure it makes sense, but why don't they just say $6/$1,000 of final mortgage amount and be done with it?

Source: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/comp/premiums/sfpcalc

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Loan modifications - avoiding state intangibles taxes?

2012-02-05T20:00:00.000-08:00

President Obama's commitment to have 1-4 million loan modifications prevent foreclosure raises a related issue of intangible tax avoidance.

Currently in the state of Georgia, as well as other states, there is a charge to those individuals who refinance one loan and replace it with another. This charge is called an intangibles tax in Georgia and is $1.50 for every $500 of "new" loan.

However, under current Georgia Code 560-11-8-.05(1), if a new instrument between original borrower and lender is involved that was originally taxed, then not intangibles tax is charged. However, will the loan be modified with the same lender or with Fannie Mae or Freddie Mac and get charged for an intangibles tax?

But don't tell the Georgia General Assembly to change it or there may be more state revenue to gain - shhhhh!

Source: http://www.htrnews.com/article/20120205/MAN04/202050430/Real-Estate-column-loan-modification-isn-t-new-mortgage?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cs
References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Minnesota QuadraPlex gets demolished after closing - who's at fault?

2012-01-16T07:25:00.000-08:00

Basic info - quadraplex was scheduled for demolition was up for sale, was sold and closed, and after closing, property was demolished. Buyer is shocked - but who is responsible about it?

Buyer - failure of adequate due diligence by not contacting the Health Department to seek their interest?

Real Estate Agents for not disclosing or suggesting to contact health department or city?

City - for not filing something in court records in case property is sold that would how up in title search?

Will Title Insurance help you in a case like this? I guess it all depends on how the Title Insurance is written - if it overs negligence on part of Seller or Agent for non-disclosure. Was this a short sale where there are really"no disclosures" even if there are disclosures to be made?

This is an example of partial negligence on some one's part, but how much and whom?

This also is an example of how important you and your Buyer's Agent perform Due Diligence on the property of your choice.

Source: http://www.startribune.com/local/stpaul/137353048.html
References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Floodplain revision meeting coming to Johns Creek

2012-01-07T09:28:00.000-08:00

If you live in Johns Creek, you may want to learn about changes to floodplain maps made by the Georgia Dept. of Natural Resources and the Federal Emergency Management Agency (FEMA).

Meeting to take place at City Hall on January 18, 2012

Source: http://www.northfulton.com/Articles-NEWS-c-2012-01-05-190794.114126-sub-Floodplain-revision-meeting-coming-to-Johns-Creek.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cobb County Schools still don't get it right for South Cobb parents

2011-12-23T13:20:00.000-08:00

Ok, so which parent ticked off their School Board Representative to have their subdivision excluded from redistricting? And why does the Cobb County School Board continue to ignore parent and separate their children within the neighborhood?

Vinings Estates at East Gate parents say redistrict their homes into Nickajack Elementary or they'll put their children in Private Schools or move to another school district besides Harmony Leland (already over capacity). See: Proposed South Cobb School Reditsricting Map

Source: http://southcobb.patch.com/articles/parents-considering-moves-to-east-cobb-private-school-if-redistricting-plan-approved

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cobb County School System Attendance Zone Maps

2011-12-08T06:43:00.000-08:00

Here's where you can find the Cobb County School System Feeder Maps:

http://www.cobbk12.org/centraloffice/Planning/

Attendance Zone Maps - http://www.cobbk12.org/centraloffice/planning/zonemaps.aspx

Phase 3 of South Cobb's new Elementary Feeder Maps:

http://www.cobbk12.org/centraloffice/Planning/2011Redistricting/

http://www.cobbk12.org/centraloffice/Planning/Redistricting%20Round%203/DraftPlanMapR3.pdf

...for the new Smyrna and Clarkdale Elementary Schools.

Note: MDJ article on new school attendance and public meetings - http://mdjonline.com/view/full_story/16695920/article-Families-ask-to-attend-new-school-in-Smyrna?instance=secondary_story_left_column

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HUD HOME Program - Efficient use of your taxpayer money?

2011-11-21T15:38:00.000-08:00

HOME is the largest Federal block grant to State and local governments (about $2 billion annual distribution) designed exclusively to create affordable housing for low-income households.

It's a partnership with local nonprofit groups-to fund a wide range of efforts that build, buy, and/or rehabilitate affordable housing for rent or home ownership or provide direct rental assistance to low-income people.

Source: http://nhl.gov/offices/cpd/affordablehousing/programs/home/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Mortgage rates v. 10 yr. treasury yields - any relationship?

2011-11-16T15:15:00.000-08:00

Short answer - YES!

Source: http://www.mortgagenewsdaily.com/consumer_rates/228272.aspx

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Isakson & Boxer real estate refinance proposal - end of times?

2011-11-07T14:06:00.000-08:00

...maybe for Senator Isakson who teams with a liberal Senator such as Boxer on anything, it can't be good - can it?

Refinancing a mortgage saves money for the borrower at the expense of the original investors - private, labor unions, school teacher pensions, public employee pensions, your own pensions, CDO/MBS investments, etc,. Someone takes a hit on any refinancing by lower interest rate, less amount to be paid back, or lose the investment return entirely. And it's a simple process when only one investor/institution owns the note - that one entity can decide on whether or not to lower the interest rate and retain the investment vehicle, or lose it to someone else. That's probably about 20% of all mortgage loans these days, but 80% are commingled with 2 or more investor-owners of vehicle.

These senators' proposal tries to eliminate risk based fees (in other words, their investments are baked by US taxpayers and they don't need to pay for risk) and allow people who are paying "as promised" get a lower interest rate if they owe more than the home is worth.

Source http://mdjonline.com/view/full_story/16305418/article-The-Economy---Obama-wise-to-tag-onto-Isakson-proposals?instance=lead_story_left_column

Source: http://mercatus.org/expert_commentary/boxer-isakson-refinancing-plan-banks

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Was your home foreclosed on between 1/1/2009 and 12/31/2010?

2011-11-02T13:31:00.000-07:00

You can seek help until 4-30-2012.

The Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency (federal bank regulators) have required an Independent Foreclosure Review by an independent consultant to identify eligible customers who may have been financially injured due to errors, misrepresentations, or other deficiencies in their foreclosure process. If the review finds that financial injury occurred, the customer may receive compensation or other remedy.
To qualify, your mortgage loan would need to meet the initial eligibility criteria:

Your mortgage loan was serviced by one of the participating mortgage servicers.
Your mortgage loan was active in the foreclosure process between January 1, 2009 and December 31, 2010.
The property was your primary residence.

Eligible customers will be mailed a letter by December 31, 2011 that explains the Independent Foreclosure Review process and a Request for Review Form that identifies some examples of situations that may have led to financial injury. The form must be completed and postmarked not later than April 30, 2012.

If your mortgage loan meets the initial eligibility criteria and you have questions, need a form by mail, or need help completing the form you have received in the mail, call 1-888-952-9105, Monday through Friday, 8 a.m.–10 p.m. ET or Saturday, 8 a.m.–5 p.m. ET.

Source: http://www.independentforeclosurereview.com/

Source: http://www.washingtonpost.com/business/economy/4-million-borrowers-eligible-for-foreclosure-review/2011/11/01/gIQAG6KadM_story.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

President Obama's latest plan to refinance underwater mortgages - coming soon?

2011-10-25T06:05:00.000-07:00

Here are some answers, but more program affecting the interest rates on (only those loans owned by Freddie Mac or Fannie Mae will be eligible) details will be out on 11-15-2011 and loans available as early as 12-1-2011?

http://www.google.com/hostednews/ap/article/ALeqM5jj-W6cU10ZTbXRoAPK23Ikk0Et0A?docId=cf2fde584ac54589b9dce05464a2e436

Is your loan owned by Fannie Mae or Freddie Mac? Check these websites to verify if your mortgage is owned by Fannie or Freddie - freddiemac.com/mymortgage; Fannie's is at fanniemae.com/loanlookup.

Other recent comments from FHFA Director Edward Demarco - possibly raising the 125% LTV limit on refinance - FHFA's DeMarco Releases Statement on Potential HARP Changes => http://www.mortgagenewsdaily.com/09092011_fhfa_statement.asp

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Property taxes rise due to foreign investment?

2011-10-19T05:23:00.000-07:00

One benefit for local municipalities in Florida, Arizona and other states where foreign investors have swooped in to capture real estate is the increased property taxes.

Usually, primary resident homes are eligible for several homestead exemptions (or reductions in property taxes) including a relatively large discount on taxes for older residents. However, if foreigners buy real estate, they may be ineligible to apply for those exemptions. But the lower US property taxes, compared with other countries, is still a deal.

A side question I have is: "Do the rules for foreign ownership specifically exclude foreign residents from using normal and age related homestead exemptions, some of which may result in a 67% reduction of property taxes?" It all depends - if the rules are not clear, and it's the only property the foreigner owns in the US, would they still be eligible to claim the homestead exemption? How would they prove if they lived there >6 months otherwise to claim residence?

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Why do banks sell your mortgage loan?

2011-10-18T11:57:00.000-07:00

Quick answer: To make money on the sale of the loan and relend the proceeds to make another loan and repeat the cycle....over, and over, and over....again!

Note: (See The Golden Rule - Those with the Gold make the Rules!)

Source: http://www.creditinfocenter.com/mortgage/sellloans.shtml

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Real Estate Legal News

2011-10-11T14:27:00.000-07:00

This blog post will be updated with other appraisal related news from time to time.

The US Supreme Court will hear a case in 2012 related to RESPA (Real Estate Settlement Procedures Act) regarding improper lender fees involving discount fees charged without associated reduction in interest rates. Source: http://therealdeal.com/newyork/articles/the-us-supreme-court-will-rule-on-illegal-mortgage-fees-in-lawsuit-against-quicken-loans

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Real Estate Facts and Figures

2011-09-27T08:26:00.000-07:00

I will update this post from time to time - stay tuned for more news.

10-14-2011: About 70-85% of residential mortgage transactions in 2011 were refinances. This means fewer normal resales (since the Sellers have to compete with foreclosures) and more people taking advantage of much lower interest rates. Be sure to read through this article - it provides other information like normal length of time to break even on your additional closing costs, etc,.Source: http://www.bloomberg.com/news/2011-10-14/refinancing-chills-demand-for-u-s-home-purchases-amid-economic-squeeze-.html

9-27-2011: 1/5 of all homeowners with a mortgage owes more than home is worth and $7 Trillion of homeowner's equity was lost in this down market since 2007. Source: WSJ 9-24/25-2011.

1-11-2011: About 10.8 million (about 22.5% of total) homeowners in the US owe more than their home is valued.

Fannie Mae and Freddie Mac guarantee about 50% of the $10.6 Trillion in home loans outstanding.

95% of all mortgages are owned by the US Government in some form through Fannie Mae, Freddie Mac, FHA or other means (up from 45% in 2005).

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Homeowner's Associations - HOAs Liens

2011-09-21T09:20:00.000-07:00

Some HOA's are getting tough and charging fees - filing liens against the home which need to be paid on or before closing to sell your property

Source: http://online.wsj.com/article/SB10001424052748704281504576327693591415736.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA’s Energy Efficient Mortgage (EEM)

2011-09-19T07:19:00.000-07:00

FHA’s Energy Efficient Mortgage (EEM) relies on a type of home energy audit that uses the Home Energy Ratings System tool (HERS). Lenders and homeowners can find auditors who are trained to use the HERS tool.

Energy Raters and Auditors are professionals trained and certified in energy efficiency, combustion safety and building analysis.

EEM Notice For FHA Partners:

FHA’s Energy Efficient Mortgage (EEM) relies on a type of home energy audit that uses the Home Energy Ratings System tool (HERS). Lenders and homeowners can find auditors who are trained to use the HERS tool from the following web page: http://www.resnet.us/trade/find-raters-auditors

Some states provide rebates that are tied to certain audit/auditor requirements, which may be different from FHA’s requirements. Requirements set by rebate providers do not replace FHA’s EEM requirement for a HERS audit that is conducted by a qualified home energy rater. Please check the information from rebate providers for their specific rebate requirements.

Be sure to visit FHA’s EEM Home page for more information about its EEM program: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/eem/eemhome The EEM Home page provides number of resources, including: a sample EEM worksheet, which helps lenders calculate the maximum EEM loan amount, and a Cross Reference Tips sheet, which consolidates many of the EEM rules by category.

For technical support on Energy Efficient Mortgages, or any other FHA program, please contact the FHA Resource Center at: www.hud.gov/answers You can also get email technical support at: answers@hud.gov

Source: http://www.resnet.us/trade/find-raters-auditors

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HOA Liens and other things you need to know

2011-09-15T13:17:00.000-07:00

The Georgia Property Owners’ Association Act passed in 1994 is becoming a popular choice to adopt among HOAs.

Apparently, once adopted, one of the applicable provisions is that the HOA no longer needs to file separate liens against the property in the public records. So lien searches don't discover these and the HOA avoids the lien filing fee too?

Also, a provision makes the HOA dues joint and severability liable which is fancy legalese saying "if prior owner don't pay, new owner does"...Gotcha baby!

Another provision may allow an HOA to live on in perpetuity and not expire a lonely death...

Source: http://www.nhhoa.org/documents/GA_POA_44-3-220.pdf

Source: http://www.ecademy.com/node.php?id=161266

Source: http://www.wncwlaw.com/services/community_associations/poa.cfm

Link to the Georgia Law: http://www1.legis.ga.gov/legis/2003_04/fulltext/hb208.htm

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA Energy Efficiency Mortgage (EEM) Program

2011-09-13T09:23:00.000-07:00

The FHA Energy Efficiency Mortgage (EEM) program allows a borrower to finance up to 100% of the expense of a cost-effective “energy package” based on analysis and recommendations by a qualified, third-party home energy rater. The energy improvements are installed after the loan closes. Total dollar amount of improvements aren't clear upfront (maybe $5-20K, depending on price of home), but limited by guidelines for lenders at http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/eem/eemlette

Standards for completing of the HERS audit, and for the auditors eligible to conduct a HERS audit, are most commonly established by either:

US State agencies having authority to prescribe specific requirements and standards for residential energy ratings and rater qualifications, or;

The national Residential Energy Services Network (RESNET), a non-profit organization founded by the National Association of State Energy Officials and Energy Rated Homes of America, has set standards for energy efficiency assessments in the U.S..

Individual US state requirements must be satisfied when completing an EEM transaction in states with specific requirements governing the scope of the energy analysis/rating or the qualifications or licensing of the energy auditor/rater. In states with certification and licensing requirements for energy raters, it is recommended that lenders request the HERS rater license number or evidence of certification, when underwriting an EEM.

Please be sure to visit the EEM Website Home page which provides a number of resources including: (1) a sample EEM worksheet, which helps lenders calculate the maximum EEM loan amount, and (2) a Cross Reference Tips sheet, which consolidates many of the EEM rules by category.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.The required home energy audit must be conducted using a tool known as the Home Energy Rating Systems (HERS).

Buyer Representation for Commercial Real Estate

2011-09-06T09:00:00.000-07:00

If you are looking for someone to help you find and contract for commercial space/property, you probably will get several personal references of agents, or you may just drive around like the Buyers of residential real estate do until you find a property and contact the listing agent - then what?

Just as in residential real estate, this approach may be too late and tie the hands of the agent you ultimately obtain to help protect your rights.

I am not a member of either of these two groups, but saw an article in the Atlanta Business Chronicle about them dated March 18-24, 2011 (Page 2B). It talked about finding the right representative that fits your needs and niche of what you're looking for in commercial office, retail, warehouse or professional space regarding the acquisition/leasing, use, and disposition of what you need.

How is your representative protecting you with clauses for things in the future like bankruptcy, expansion, contraction,or forces beyond your control?

If you are looking for buyer representation as buyers or tenants in commercial real estate, you may want to contact someone in the International Tenant Representative Alliance (ITRA). (http://www.itraglobal.com/)

Another professional trade organization following a set of standards that assists you when evaluating your commercial property acquisition, use and disposal needs is the Counselors of Real Estate (CRE). (http://www.cre.org/ )

You can also try to contact a professional commercial real estate agent through the National Association of Realtors (NAR). (http://www.realtor.org/commercial)

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Who needs to pay Property taxes and homeowner's insurance?

2011-09-01T12:18:00.000-07:00

This is a good question: Do you, or your bank, need to escrow for annual property taxes and homeowners insurance?

And what happens if these bills don't get paid? Can you lose your home through a property tax sale or fire/storm damage? And what your lender loses (the amount of loan balance) is not covered by other types of insurance such as title or mortgage insurance?

Source: http://www.washingtonpost.com/realestate/do-you-have-to-escrow-for-taxes/2011/08/08/gIQAGntyfJ_story.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Maintenance of Foreclosures and Bringing up to Code

2011-08-31T04:55:00.000-07:00

This blog post in the source below has some teeth and some issues.

On one hand, some of the properties require more maintenance than just mowing the grass.

On the other hand, if banks/investors will be required to bring the homes up to code, it may mean the homes must be up to code when loans are created or when refinanced or periodically during the life of a loan.

Either alternative will require more money and therefore should either drive loan costs higher or restrict the creation of loans to those properties that would pass a complete county code inspection.

Note: I heard through the grapevine of a large mega bank (that recently got a $5 billion cash infusion), is known to know all local codes and never does anything more than what the code requires, even if it's the right thing to do to fix something unsafe in the eyes of the neighborhood.

Source: http://blog.heartland.org/2011/08/sweet-vacant-home-chicago/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Property tax bill v. HUD-1 - Who owes the extra taxes?

2011-08-26T09:28:00.000-07:00

Hey home buyer!

If you purchased a home in the past year or so, your property taxes for the home were probably prorated between you and the home seller. The amount collected with be recorded on the HUD-1 Settlement Statement HUD-1 Settlement Statement you received at closing.

Also, probably both you and the Seller signed something at closing that if the property taxes were different, that the additional amount would be prorated between the two parties: Buyer & Seller.

Once you calculate the difference, the next step is to contact the Seller and request a prorated share of the higher taxes. Go back to your closing paperwork and find the name and new address of the Seller. If you don't have it, you may contact the closing attorney where you settled the transaction and they may help by providing the Seller's new contact information.

Be sure to write a nice letter with proper documentation and support (i.e., this year's tax bill and page of the HUD-1 indicating amount of property tax collected from both the Buyer and Seller to calculate percentage owed by each party). Or multiply the difference between what property tax was collected and what was paid by a ratio of the number of days Seller occupied home divided by 365 days.

I don't know the statute of limitations on how far back you can go to collect the prorated share, or if anyone has done so besides one of my previous clients.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA takes action against 240 Mortgage Lenders

2011-08-24T06:29:00.000-07:00

http://www.dsnews.com/articles/fha-announces-sanctions-against-240-lenders-2011-07-29

The Housing and Urban Development (HUD) Department of the US Government (created through legislative action to stimulate ad control US housing - see the many executive positions and roles of HUD - http://portal.hud.gov/hudportal/HUD?src=/about/secretary/powersec) has a Mortgagee Board to oversee the implementation and administration of HUD rules for FHA approved lenders.

See the list and types of administrative actions taken by the HUD Mortgagee Review Board against the lenders at this HUD document in Federal Register:

http://www.gpo.gov/fdsys/pkg/FR-2011-07-29/pdf/2011-19293.pdf

FBI Report on Mortgage Fraud - Not over yet, or ever?

2011-08-22T15:36:00.000-07:00

Some of the key findings of the report are...

(1) 2009, 2010, and probably 2011 and beyond - mortgage fraud is growing

(2) many professionals are involved - not necessarily one faction or another..."licensed/registered and non-licensed/registered mortgage brokers, lenders, appraisers, underwriters, accountants, real estate agents, settlement attorneys, land developers, investors, builders, bank account representatives, and trust account representatives" involving all facets and types of real estate transactions.

(3) top states for known or suspected mortgage fraud activity during 2010 were California, Florida, New York, Illinois, Nevada, Arizona, Michigan, Texas, Georgia, Maryland, and New Jersey.

Note: Deeper into report, I read that about 3.6 million residential mortgage loans were delinquent in 2010.

Source: http://www.fbi.gov/stats-services/publications/mortgage-fraud-2010/2010-mortgage-fraud-report
References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Short sales

2011-08-16T13:21:00.000-07:00

I think most people have an idea of the definition of short sale (i.e., selling a property for less than the amount of the loan(s) payoff).

An interesting side note to short sales is that many lenders are paying" sellers to sell their home under a short sale or just leave their homes, but in good shape.

Source 1: http://www.dsnews.com/articles/major-lenders-offering-perks-on-short-sales-2011-07-28

Source 2: http://weblogs.sun-sentinel.com/business/realestate/housekeys/blog/2011/06/chase_borrowers_getting_cash_t_1.html

I'm not an agent who lists or negotiates the settlement of short sale properties between banks and borrowers, nor did I sleep in a Holiday Inn recently, but aside from the SAFE Act of 2008 (which outlines licensing requirements of loan originators and others in the mortgage industry more qualified to discuss loan modifications), I have seen and read some expectations:

Here are the IRS' Ten Facts for Mortgage Debt Forgiveness on what is normally taxable income - forgiveness of mortgage debt - http://www.irs.gov/newsroom/article/0,,id=205004,00.html

Here are some potential things to expect to produce, create, or see when running numbers or negotiating with the bank...

1.) preliminary net sheet - shows what the homeowners' may receive upon the sale of property, net of any outstanding debts and other fees ---- usually zero these days!

2.) hardship letter - succinctly describes facts surrounding homeowners' situation and addresses why they are forced to pursue short sales,

3.) proof of income and assets - facts disclosing your finances and assets to prove the homeowners can't afford to meet their mortgage payments or payment of the loan, and

4.) bank statements/financial records - show deposits and withdrawals homeowners have made using their bank accounts and disclosure of financial assets. (i.e., Can the afford and just don't want to pay?)

Source: http://www.stockmarketsreview.com/realestate/2011/06/30/real-estate-short-sales/%20

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Home Affordable Foreclosure Alternatives (HAFA)

2011-08-03T11:18:00.000-07:00

Less than $10 million of the proposed $4 Billion has been dispersed to help homeowners compete >8,500 short sales in the first year and is expected to end in December 2012...maybe sooner if not any more help.

Are lenders cooperating? Do they have to? It depends on who owns the mortgage and if that investor wants to cut their profit or take the asset and try and sell it.

Source: http://realestate.bryanellis.com/4910/hafa-still-lagging-ineffective/

Explanation of the program: http://www.freddiemac.com/singlefamily/service/hafa.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

UBS Gets Sues over selling bad Mortgages to Fannie & Freddie

2011-08-02T14:50:00.000-07:00

http://www.mortgagenewsdaily.com/07272011_mortgage_fraud_gses.asp

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Does an HOA have right to take over foreclosed properties?

2011-07-27T11:06:00.000-07:00

Apparently it is now legal in Florida and Nevada.

What is the HOA supposed to do, just wait for the properties to sell before spending money on property maintenance?

So what about property rights of the bank or investor owner?

This is a serious issue in those complexes with a high volume of foreclosures.

Source: http://online.wsj.com/article/SB10001424052748704281504576327693591415736.html#articleTabs%3Darticle

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Countrywide to pay $108 Million to 450,000 home owners

2011-07-26T09:45:00.000-07:00

Based on FTC investigations and findings of excessive fees on servicing default/delinquent mortgages serviced 1/1/2005 thru 7/1/2008; incorrect figures about what they owed on their mortgages; and fees/escrow charges - vast majority will get less than $600.

Source: http://www.nytimes.com/2011/07/21/business/countrywide-to-pay-borrowers-108-million-in-settlement.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Should the US Government allow banks to rent foreclosed homes?

2011-07-25T08:17:00.000-07:00

Update: 7-29-2011: Ok, Fannie Mae and Freddie Mac, as owners of some foreclosed properties, may decide to rent them as opposed to try and sell them. But that might just cause more cost in the long run by delaying the inevitable ale and won't make a huge dent in the wave of 4-6 million more foreclosures to come. Source: http://www.mortgagenewsdaily.com/channels/pipelinepress/07282011-nike-sifma-debt.aspx

My first thought when I read the artile below is - What business is it of the US Government to say what private business should or shouldn't do? But then I woke up from that dream and found myself in reality....

US Government probably thinks the number of distressed properties would decline, thereby reducing pressure on prices, allow real estate prices to stabilize and increase, create more tax revenues for states/local government through higher property taxes; and help the economy recover....all good stuff for governments...

But what do the banks think? Do they want the injury/damage liability of renters living in their properties? What will be the cost of repairing or selling a property in the future that may not be of the same or higher value as it is now? Will they want the continued monitoring/maintenance issues that may or may not be covered by the amount of rent on their property?

Bottom line: Banks are in the business of lending money, not holding assets - they would rather take a hit to get rid of a property and loan what they get from a sale than keep it on their books as a nuisance and further liability. But as I learned in grad-school, "it all depends"... on how sweet of a deal the US Government proposes and how banks' bottom line can improve on the implementation of such an idea!

Source: http://realtybiznews.com/government-plans-to-rent-out-foreclosed-homes/9874253/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Stop Mortgage Fraud

2011-07-21T06:07:00.000-07:00

The US Attorney General's Office is doing the right thing to pursue criminal activity in the mortgage business.

There are alot of good people and companies who work very hard in the mortgage industry, but there are some who need to be caught and disposed.

Report fraud of any kind to the Attorney General through this portal - http://www.stopfraud.gov/report.html

General US Government website to review fraud activities you need to know - http://www.stopfraud.gov/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Georgia Association of Realtors (GAR) forms - one problem I see

2011-07-20T14:45:00.000-07:00

I wish to first thank and I appreciate GAR for creating and producing standardized real estate contract forms to use by all real estate agents. These forms make real estate transactions smoother in Georgia since all agents are familiar with the forms and contents.

However, there is one question from the Seller's Property Disclosure Statement that I've recommended to have it changed and it has not been changed that reads as follows:

"Is there presently any polybutylene plumbing, other than the primary service line, on the property?"

Now if the Seller marks this statement NO, and there is a polybutylene plumbing line that is connected from the street to the house, then is the Seller lying, even if they knew it existed?

If I were to judge from an independent person's viewpoint I would say - NO. I believe that the way this is worded, "other than the primary service line" may mean what it says in a court of law, regardless of how agents "may" interpret this statement in practice and application.

Furthermore, the Seller may not know by visually inspecting the water line since it's buried underground and the connection may terminate inside foundation wall.

I can't wait for the first lawsuit over it - maybe at that time, the language will be changed.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

SAFE (Secure and Fair Enforcement Mortgage Licensing Act of 2008)

2011-07-05T15:51:00.000-07:00

Update 9-9-2011: SAFE is causing alot of confusion and possible complexity. Definition isn't clear of what is meant by "licening requirements" because HUD and each State Banking Department, who blame each other or not defining, can't define it clearly enough. Source: http://www.nhbr.com/news/931927-395/is-safe-mortgage-reform-law-squeezing-the.html

Licensing Loan Originator - ok, but seriously - Isn't this another example of the US Federal government being too little too late - again?

This Act started in 2008 is still going on, but is changing hands. The Housing and Urban Development (HUD) office has just issued its final ruling/interpretation of the Act, but is going to be passing many of the decisions onto the Consumer Financial Protection Bureau (CFPB) --- which may never be funded if left up to the Republicans---

So will this legislation solve any problems? Probably some, but not others, and not necessarily the right problems. It is one piece of the puzzle, but the shape and dimensions of the puzzle keep changing.

Note: You can see from licensing real estate agents that it has "completely cleared up any shenanigans that agents perform and their misbehavior - right?

Yes, we had unscrupulous loan originators, but if they couldn't turn and sell them to Fannie, Freddie and others at the drop of a hat, then someone else would have created and sold the same loans to the secondary market.

Maybe we should license the Federal Government and put them on notice or fine them for any misbehavior?

Source: http://mortgage.nationwidelicensingsystem.org/SAFE/Pages/default.aspx

Source: http://www.mortgagenewsdaily.com/channels/pipelinepress/07042011-safe-act.aspx

Source: http://mortgage.nationwidelicensingsystem.org/SAFE/NMLS%20Document%20Library/Mandates-SAFE.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Not only underwriting, but a Wall Street and GSE problem

2011-06-29T14:22:00.000-07:00

In other posts, I have written about many causes of mortgage and financial market meltdown, but this press release from Senator Isakson seems to narrow on the correct fix - modify the intent of the Dodd-Frank QRM provisions, but not just because of underwriting problems.

http://isakson.senate.gov/press/2011/062211QRM.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Subdivision Ladder

2011-06-23T12:28:00.000-07:00

Wouldn't it be nice for a subdivision to purchase one or two ladders and allow the residents to borrow it when needed? That eliminates the purchase of many ladders and storage at the home (which normally won't have the space to store it).

So many times, I have shown homes with 12' or higher chandeliers in their foyers and the normal comment is "Wow, how will I change the bulbs? I'll have to buy a 12' ladder to change the bulbs."

Wouldn't it be so much better to act as a neighborhood and buy one ladder to share it as you need it?

Note: My guess is that we will not cooperate to get the ladder back to its proper place in a timely manor.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

NCRC helps homeowners in mortgage trouble

2011-06-22T06:39:00.000-07:00

The National Community Reinvestment Coalition (NCRC) helps those in need of mortgage modification by offering counseling and advice - so don't wait until the last minute, seek help now and get to know the steps to go through and what to do.

Source: http://www.ncrc.org/component/k2/item/536-hcn-offers-assistance-to-dc-residents

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Mortgage Assistance Relief Services (MARS) Rule Disclosures

2011-06-16T06:25:00.000-07:00

7-18-2011: More updates and new stories about relaxation of rule for real estate gents under MARS - http://www.mortgageorb.com/e107_plugins/content/content.php?content.9178

7-16-2011: Many of the provision of the MARS rule is no longer applicable to real estate agents. The power of National Association of Realtors' lobbying efforts? Or just a "kindler or gentler" US Government and Administration? Source: http://www.ccireports.com/company/newsarticle.asp?ArtID=147533

MARS became effective December 29, 2010

In response to the mortgage crisis, government and private sector programs have been initiated to assist distressed homeowners. In March 2009, the Obama Administration launched the Making Home Affordable (MHA) program and the MHA’s Home Affordable Modification Program (HAMP), through which the government provides mortgage owners and servicers with financial incentives to modify and refinance loans.

Among other things, the proposed rule included provisions that would:

Prohibit MARS providers from making false or misleading claims;
Mandate that providers disclose certain information about their services;
Bar the collection of advance fees for the provision of MARS, except in certain circumstances for attorneys who collect them in connection with preparing or filing documents in bankruptcy, court, or administrative proceedings;
Prohibit anyone from providing substantial assistance or support to another they know or consciously avoid knowing is engaged in a violation of the rule; and
Impose record keeping and compliance requirements.

Under the program, The Federal Trade Commission (FTC) requires that the advertising short sales need to "clearly and prominently" disclose two things:

"(...Your company/broker name...) is not associated with the government, and our service is not approved by the government or your lender";

and

"Even if you accept this offer &use our service, your lender may not agree to change your loan."

Source: http://realtytimes.com/rtpages/20110607_disclosure.htm

Source: http://www.ftc.gov/os/fedreg/2010/december/R911003mars.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cobb County Codes & Ordinances - Some Common Violations

2011-06-15T06:42:00.000-07:00

There are laws (codes and ordinances) that all local cities and counties legislate to try and protect the enjoyment of property that may seem intrusive, but are designed to balance lifestyles and freedom from harm.

These are the codes & ordinances for Cobb County: Complete Cobb County Code

Some of the most common code enforcement topics are:

Dead Trees
Dwelling Unit
Door-To-Door Solicitations
Exterior Attachments
Fences/Walls
Grass and Weeds
Garbage Collection
Group Home
Gutters and Shutters
Home Business
In-Home Day Care
Junk Cars
Leash Law
Livestock and poultry
Outside Storage Limitations
Parking
Personal Vehicle Sales
Temporary Signs
Windows and Exterior Doors
Yard Sales

Link to Common Cobb County Code Violations in Subdivisions

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cspan's segment on Proposed Mortgage Rules and Debt Resolution

2011-06-14T08:27:00.000-07:00

If you have 35 minutes to spare, watch this Cspan segment on causes of mortgage meltdown & upcoming new mortgage rules.

The proposed new mortgage rules for 20% down payment will be implemented in future and eventually the US Government may get out of most mortgage lending. Right now, Fannie, Freddie, FHA, and VA are over 90% of the loans being created. That may revere itself over the next few years and as a result, fewer borrowers qualifying for a loan.

There are some good calls about what actually caused the mortgage problems.

Source:http://www.c-spanvideo.org/program/DebtRes

Bankruptcy News

2011-06-10T09:45:00.000-07:00

Hello readers - as usual, as I hear of new Bankruptcy news I will update this blog post.

Some say consumer bankruptcies are on the rise (in 2006 there were less than 600,000 filed; last year (2010) there were 1.4 million, and this year (2011) is on pace to top 1.6 million). The rules to make bankruptcy filing more difficult were instituted in 2006, but that hasn't stopped the growth due to severe economic forces.

According to Page 30A of the Atlanta Business Chronicle, November 12-18, 2010, 1.2 million bankruptcies were filed in 2010 (up 11% from 2009) and 43,016 were business bankruptcies and that number was down about 6%.

Per the 8-5-2010 WSJ (Page A2), Georgia had 6 of the top 10 counties in the US for filing bankruptcies - Only about a quarter of them file Chapter 13 (restructuring) and almost 75aa% filed for Chapter 7 (complete) bankruptcy.

Regardless of whose numbers are accurate, it is distressing to see so many bankruptcy filings

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Commercial Mortgage Backed Securities – (CMBS)

2011-06-09T07:56:00.000-07:00

Apparently, Atlanta had the highest number of CMBS loans in March 2011 and led the nation for troubled CMBS loans. A little less than 10% of all CMBS in the US missed payment in March 2011. The dilemma seems to be that many CMBS are nearing maturity on older properties with lots of vacancies and cash flow (i.e., ability to repay loans) are serious issues to prevent refinancing to repair, improve or refinance debt to lower rates.

Source: (Atlanta Business Chronicle – 4/8-14/2011)

RESPA - Real Estate Settlement & Procedures Act

2011-06-07T15:40:00.000-07:00

HUD requires that loan originators provide borrowers with a standard Good Faith Estimate that clearly discloses loan terms and closing costs and provide borrowers with a new HUD-1 settlement statement. New RESPA regulations were published November 17, 2008 and are scheduled to take full effect on January 1, 2010. The "New RESPA Rule FAQs" were comprised from industry questions and are posted to facilitate implementation of these new requirements.

Source: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/respa_hm

However, as disclosed from my earlier BLOG post, the passage of the Dodd-Frank Act created the Consumer Financial Protection Bureau (CFPB). One of their new responsibilities, once they are formally in place,is to integrate the Truth In Lending Disclosure form with the Good Faith Estimate (GFE) disclosure forms.

Source: http://abirenews.blogspot.com/2011/05/new-mortgage-disclosure-documents-from.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Mortgage Loan Guidance and Information - HUD Settlement Cost Booklet

2011-06-06T12:40:00.000-07:00

In accordance with Real Estate Settlement Procedures Act (RESPA) laws, you are supposed to get this HUD settlement cost booklet within 3 days of loan application - http://portal.hud.gov/hudportal/documents/huddoc?id=SETTLMENTBOOKDEC_15REVISED.pdf

The booklet outlines what to expect when considering purchasing a home including

if it's right for you; what you an afford;
some of the inspections to perform;
shopping for a loan and evaluating the different types of loans;
selecting a lender;
closing attorney;
what to expect from the Good Faith Estimate (GFE); and
an excellent detailed discussion of the HUD-1 Settlement Statement.

Don't wait to make a loan application to receive and read this booklet - glance through it when you consider buying a home.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Will the new Qualified Residential Mortgage (QRM) criteria solve or create more problems?

2011-06-03T05:02:00.000-07:00

During the mid 2000's housing boom, did lenders produce lot of crappy loans - yes. Is the QRM a solution to crappy loans - yes, in a way - But isn't it like taking a chainsaw to the table to slice a loaf of bread?

Basically, when the new QRM definition hits the street, any non-Government backed loan will require lenders to keep or holdback 5% or more of the loan amount in case the loan goes south.

Sounds like a reasonable request so lenders don't get too loose with loans. The down sides are this will (a) restrict the amount of money the lender will then have to loan out; (b) will require even more stringent financing qualifications which will (c) further restrict the number of loans approved, and thereby (d) reducing real estate sales in an already depressed real estate market.

FHA, VA, USDA (rural properties), Fannie Mae and Freddie Mac (currently government owned) will be exempt from the 5% "holdback" risk retention regulations of Dodd-Frank.

All other loans will need to require 20% or higher down payments and Debt-To-Income ratios of 28/36 or better or they face the 5% holdback.

You now, alot of people, including "elected" US Senators, are griping about this - so what problems does it solve and which ones does it create?

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Reading into $100 Down HUD homes

2011-06-02T12:07:00.000-07:00

Per the Mortgagee Letter 2011-19, if Buyer are purchasing HUD properties (i.e., homes that were foreclosed under an FHA loan), and placing $100 down, then the Buyer can roll the UFMIP (Up Front Mortgage Insurance Premium) into the loan provided the total amount of the loan plus the UFMIP doesn't exceed 100% of the "as-is" (i.e., FHA appraisal amount).

Reading between the lines tells me they are willing to settle for less than the asking price since they are allowing for the UFMIP charge of currently 1% of the loan (http://abirenews.blogspot.com/2010/09/changes-to-fha-up-front-annual-mortgage.html) and net of the $100 down payment, to be rolled into the loan up to a certain level.

Source: http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/11-19ml.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

New Mortgage Disclosure Documents from the CFPB - Pick one!

2011-05-31T05:58:00.000-07:00

Part of the Dodd-Frank bill gave the Consumer Financial Protection Bureau the assignment of combining the Truth In Lending (TIL) statement with the Good Faith Estimate (GFE) by July 2012.

Source: http://www.dsnews.com/articles/new-mortgage-disclosure-form-to-help-safeguard-against-default-cfpb-2011-05-18

Source: http://www.mortgagenewsdaily.com/05182011_gfe_til_combined.asp

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Georgia HB 1055 – Seniors say goodbye to Georgia Income Taxes

2011-05-27T11:24:00.000-07:00

Georgia HB 1055 – May 2010

New law begins a phase out of Georgia’s income tax on retirement income beginning in 2012 and eliminates taxes entirely by 2016 ($65K, $100K; $200K; and all income in 2016 and beyond). Qualifications include taxpayer being 65 or older during any time within the year.

Evidently, under current law, seniors who were 62 or older could exclude up to $35K of income before being levied Georgia income tax.

So what about those who are 62-65? Are they under the current law and still have to pay Georgia income taxes over $35,000 annual income? Probably!

Source: http://www.georgia.gov/00/press/detail/0,2668,78006749_157126503_159410187,00.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Current Mortgage Loan Delinquencies by Loan Type

2011-05-25T10:30:00.000-07:00

According to calculatedriskblog, about 4 million loans are seriously delinquent : about 75% are Prime or Subprime loans, but FHA delinquencies more than doubled in 4 years. Even though the number of Prime and Subprime loan delinquencies have fallen, the number of serious delinquencies of Prime and Subprime loans are huge!

Thanks to calculatedriskblog for disclosing and analyzing this...

Source: http://www.calculatedriskblog.com/2011/05/mortgage-delinquencies-by-loan-type.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CalculatedRisk+%28Calculated+Risk%29

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA loans may require a 5% down payment

2011-05-24T07:39:00.000-07:00

US House Republicans are kicking around a proposal to raise the minimum down payment on FHA loans to 5% and may drop the maximum loan balance to about $625K. This action may reduce the number of FHA loans, but will tend to increase the performance by requiring "greater" investment by the Buyer. It all depends on which end of the argument you sit, but there's alot of heat against this by the Realtor community.

Source: http://therealdeal.com/newyork/articles/house-republicans-make-moves-to-curtail-fha-backed-loans

Source: http://www.washingtonpost.com/business/economy/gop-proposes-increase-in-fha-down-payments/2011/05/23/AF3NX69G_story.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Mortgage servicers were being investigated back in 2009

2011-05-23T13:50:00.000-07:00

May 2011-05-23

Mortgage servicers (many from large US Banks participating under the TARP) were being sued for abuses or practices that resulted in excessive fees or improper foreclosure practices (WSJ 8-6-2009). (NOTE: Even though legal actions had started in 2009, the US Congress/Administration/50 State Attorney Generals are just wrapping up some challenges and investigations and are in the process of negotiating a “final settlement” – from $5 B to $20B - with the largest of loan servicers.)

$50 B of the 700 B TARP funds were applicable under the HAMP program that pays Mortgage loan servicers for loan modifications if the homeowner maintains payments for at least three (3) months and payments are made to servicers after the three month time period. Servicers generally earn ½ to 1% of the loan balance each year and lower balances mean lower profits. Servicers normally earn more from late fees or by foreclosing on a property, but not on loan modification.

Broker gets sales commission even though homes don't sell

2011-05-20T12:11:00.000-07:00

Is this legal? - Normally, it all depends on you contract, but in most every case here in Georgia....

YES - it's legal! In fact, it's contractual per the signed Georgia Association of Realtor's *(GAR) contract mot all agents in Georgia use to negotiate the purchase and sale of residential real estate properties.

Source: http://www.miamiherald.com/2011/05/02/2210428/court-says-broker-entitled-to.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

More US Congressional legislation to help home builders

2011-05-19T11:16:00.000-07:00

To quote a former US President..."Here you go again"....more US Congressional meddling in the housing market and at what price?

The following legislation was proposed in the US House of Representatives in May 2011. Don't know how far it will go, but the National Association of Home Builders (http://www.nahb.org/page.aspx/category/sectionID=1831) is in favor of it:

Home Construction Lending Regulatory Improvement Act of 2011, H.R. 1755 for AD&C or acquisition, development and construction loans. Source: Link to article addressing the proposed legislation

Basically, it allows financial institutions to (a) exceed it's financing limits for projects near or that will be completed; (b) ban the use of foreclosures when performing an appraisal and using an arbitrary value when the project is finished; and (c) prevents regulators from interfering with lenders to stop loans in trouble but still making payments under original terms and conditions.

Is this an example of "too small to fail, but too big in the aggregate to succeed?"

Nevertheless, even though new home sales have jumped (just clearing out some backlog) new home construction is down about 25% from this time last year - http://lansner.ocregister.com/2011/05/17/really-more-bad-news-from-nations-builders/110155/

Builder confidence is pretty low and not rising any time soon - http://realtytimes.com/rtpages/20110518_confidence.htm

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HUD or FHA News

2011-05-18T06:22:00.000-07:00

This post will be updated from time to time - so check back in on a regular basis.

5-18-2011: Check out all HUD (i.e., FHA loan foreclosed) properties on HUD's property sale website - www.hudhomestore.com - To submit offers, find a registered HUD home Buyer's Agent...like me!

3-8-2011: FHA backed about $208 billion (up from $85 billion in 2007) in mortgage loans with a delinquency rate of about 25%.

As of 2010, Shaun Donovan is the Housing and Urban Development (HUD) Secretary.

HUD's website is: http://portal.hud.gov/portal/page/portal/HUD

FHA's related link is: http://www.hud.gov/offices/hsg/hsgabout.cfm

8-26-2010: HUD has a program which only requires $100 down payment as long as the purchaser pays full price on a home and uses FHA financing. Other programs exist - like Good Neighbor (where a police officer, EMT, or teacher live in a house) which is located in their district or high crime area - they can buy it at 50% of price. Check out all the programs at HUDPEMCO's website.

8-24-2010: As of June 2010, only 8.3% of FHA loans were delinquent 90 days or more - this is down from January's peak of 9.4%.

Also, beginning in October, FHA will raise lower the up-front MIP charge from 2.25% to 1%, but raise the monthly MIP fee from 0.55% to 0.90%.

The number of home purchase mortgages are rising to almost 50% of the total purchases, while their reserves for losses are shrinking fast. Another round of price declines will take a heavy toll on the reserves.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Home Warranties

2011-05-13T14:41:00.000-07:00

A Home Warranty is really "home maintenance" insurance policy.

Home Warranty Companies "issue" home warranty policies.

These specialized "insurers" charge an annual fee for the "coverage", and offer service call "deductibles" where authorized, screened contractors are dispatched to resolve household maintenance issues upon your request. Each company offers at least one type of coverage that normally offers repairs for HVAC, water heaters, electrical or plumbing issues.

Note: If you can fix or troubleshoot the obvious (a GFCI outlet trips & press the reset button or a simple $15 toilet tank repair), you can save a $50+ service call. Otherwise, call your home warranty provider and get a professional to help you.

SOME HOME WARRANTY COMPANY WEBSITES

NOTE: There may be other home warranty service providers, but I have only seen warranty plans from these companies.

2-10 - HOME WARRANTY INFORMATION

AMERICAN HOMESHIELD - HOME WARRANTY INFORMATION

Buyer's Protection Group (Formerely Land America) - HOME WARRANTY INFORMATION

FIRST AMERICAN- HOME WARRANTY INFORMATION

Old Republic - HOME WARRANTY INFORMATION

http://www.prnewswire.com/news-releases/home-warranties-protect-homeowners-during-extreme-weather-attract-buyers-in-competitive-real-estate-market-118901959.html

According to many home warranty providers, the highest rate of homeowner claims encompasses water heaters, furnaces and central-air conditioning, while major appliances covered by a home warranty generally start to require servicing at five years of age. Since home systems and large or built-in appliances are acquired during a home sale, there are many unknowns, such as how things previously have been used and maintained.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Where can you find HUD foreclosures? - Right here!

2011-05-03T06:28:00.000-07:00

You can use this website to find available HUD (FHA foreclosed) properties:

http://www.hudhomestore.com

Be sure to check out the Property Condition (i.e.,short form inspection) Report (PCR) and if the property is IE (Insured with Escrows) or not. If IE, then FHA financing can be used, but you must have the repairs financed into the FHA loan. If the status is UI (Un Insured), then FHA financing can't be used.

If you find a property here and have any questions or wish to make an offer, let me know. I am a registered Exclusive Buyer Broker for all HUD foreclosures in Georgia.

Let me explain the process of buying a foreclosure and answer your questions.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Lenders are delaying foreclosures in several states

2011-04-28T15:31:00.000-07:00

4-28-2011: This delay in foreclosure action is expected to slow the foreclosure process on existing distressed homes, thereby prolonging the economic recovery and putting continued downward pressure on housing prices.

Basically, due to lack of thorough attorney review, Robo signatures, and lack of good accounting to track true ownership of properties that have been foreclosed, many lenders (including Wells Fargo, Bank of America, Chase, and others) have stopped the foreclosure process. Some people have gone as far as suing the lender, even though they haven't made a payment in months or years.

In Florida, the average number of days it takes to foreclose is 573 (as opposed to 423 days in 2009). Nationwide, the number of day is 478 (v. 361 in 2009).

The immediate results is mass confusion and delaying the inevitable. If people could afford to pay the monthly payments, they would. Since they can't pay, they face foreclosure from the lender who has ownership of the property a secured by the property (i.e., your lender who owns the mortgage note). But what if the lender who is collecting your mortgage payment doesn't own the mortgage note?
Another result in delaying the inevitable foreclosure process will be to slow down the rate of foreclosure sales. Once the vast majority of foreclosures are sold, home prices should become stabilized and have room to grow. To keep the stream of foreclosures steady, through these delays, then the "cleansing" process never has a chance to eliminate the backlog of foreclosures and falling home prices.

http://www.examiner.com/real-estate-in-st-petersburg/the-latest-action-and-inaction-on-foreclosure-fraud

http://www.examiner.com/real-estate-in-st-petersburg/real-estate-investors-beware

http://www.examiner.com/real-estate-in-st-petersburg/real-estate-investors-beware

10-6-10: I saw in today's WSJ that the loan servicing arms of the major lenders are holding up foreclosures - which doesn't make sense for the servicer since they need to continue to send payments to investors - unless there's good reason - that makes no sense now unless someone is challenging the legitimacy of ownership and threatens a lawsuit.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Prompt Decision for Qualification for Short Sale Act (HR 6311)

2011-04-21T05:31:00.000-07:00

This House Resolution (i.e., bill) (was originally introduced in 2010) has been reintroduced in the 112th Congress. The legislation proposes to amend the Truth in Lending Act and provide for "automatic approval of short sale proposal (i.e., package that include an Executed Purchase and Sale Contact between Buyer(s) and Homeowner(s)) if more than 45 days had expired "after" the loan servicer receives the package and doesn't render a decision. This is designed to improve the process for approving short sales of real estate and would prevent extended delays (sometimes over 6 months).

Since short sales now range from 10-15% of all real estate transactions, and show no signs of disappearing anytime soon, this legislation has some traction.

Time will tell if this legislation gets any traction, but based lobbying efforts by the lenders and the legal profession and on recent changes in the law (especially the SAFE Act) that prohibit Real Estate Agents from negotiating short sales with lenders, I wouldn't hold my breath.

The Act amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer.

Here's an excerpt from the Bill: "(a) Requirement- Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer."

Note of caution: Since many loan servicers have repeatedly told borrowers they have not received paperwork and had to resubmit pills of paperwork, or another form or updated forms, then when will the loan servicer actually technically "receive" all "required" information?

Prompt Decision for Qualification for Short Sale Act (HR 6311)

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Financial System Breakdown & Foreclosure Blame - who gets what? Wall Street & Regulators

2011-04-19T15:15:00.000-07:00

Plenty of blame to go around including high risk lending, regulatory failures, inflated credit ratings, and investment bank abuses.

The recent US Senate report on what caused the financial system meltdown has arrived and there is plenty of blame to go around. My main question:

Who will wind up paying for the mistakes beside the taxpayer and common US resident, regardless if employed or not.

The official title of the US Senate Investigative Committee Report is

WALL STREET AND THE FINANCIAL CRISIS: Anatomy of a Financial Collapse
MAJORITY AND MINORITY STAFF REPORT - PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

Get it here: http://levin.senate.gov/newsroom/supporting/2011/PSI_WallStreetCrisis_041311.pdf

Note: Once you read this 650 page report, dive into Atlas Shrugged by Ayn Rand - that's a good read too.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Appraisal News

2011-04-18T07:24:00.000-07:00

This blog post will be updated with other appraisal related news from time to time.

1-20-2012: Appraisers must use foreclosures/distressed sales at times when warranted to value properties and hold their allegiance to lenders and protect their investment - not the Sellers' or Buyers' interests. Source: http://realtormag.realtor.org/daily-news/2012/01/20/appraisers-dont-blame-us

9-10-11: Besides these suggested ways to fight a low appraisal (if you get that far into a deal), you can offer the seller (reluctant to drop his price) to pay for an appraisal, from an appraiser acceptable to the lender, to show that their price is too high, especially if it's been on the market a while and nobody has bid on it. The seller, in this case not a bank, sometimes needs a 3rd party to compare recent sales. I've done it and it makes the process a little smoother. Source: http://rismedia.com/2011-09-07/five-ways-to-fight-a-low-appraisal/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Rismedia+%28RISMedia+Real+Estate+News%29

9-5-2011: Ways to fight your appraisal are listed in this article, but would you really want to buy a house that is priced higher than the appraisal value? Unless your crystal ball is working properly, you might reconsider. Source: http://www.upi.com/Business_News/Real-Estate/2011/09/05/Five-Ways-to-Fight-a-Low-Appraisal/9321315243322/

9-1-2011: New appraisal guidelines for new conventional loans (i.e., those purchased by Fannie Mae and Freddie Mac) will require special codes for appraisers; property conditions will be rated on a scale of 1 to 6; and more detailed interior/exterior information from real estate agents about the property. These and other changes became effective today, September 1, 2011. Source: http://www.boston.com/realestate/news/articles/2011/09/01/changes_in_home_appraisals_raise_concerns/

8-26-2011: Appraisals are still coming in below purchase prices. This causes additional sluggishness in market, but it is what it is...at least depending on the subjectivity of each appraiser. I'm not sure of the percentage of homes in the Atlanta area that have come in below appraisal, but I do know of several homes purchased that were never appraised, but sold for cash. Prices were so low, investors felt confident in value. Source: http://www.homebuyinginstitute.com/news/appraisal-below-purchase-178/

6-19-2011: Apparently all the rules for commercial property appraisals are loose, and dependent on lenders demands for comparables, when trying to reach a appraisal value mainly due to lack of sufficient recent sales and comparables - some appraisers are going back years (which 3-6 months prior sales are typical on Residential real estate). But commercial real estate is a whole new animal than residential! Source: http://www.startribune.com/business/124099969.html

4-18-2011: Hey, what's going on in the world of home appraisers? Does the mortgage mafia have a contract out on them? Are they being squeezed out by real estate agents performing Broker Price Opinions (BPOs) (http://www.startribune.com/business/118548204.html) or the lending institutions either using more "electronic appraisals" (see my blogpost link at bottom) or due to large banks owning a controlling interest in Appraisal Management Companies (AMCs)?

One interesting article on attack on appraiser income => http://www.bostonherald.com/business/real_estate/view/20110417lenders_still_making_big_money_on_home_appraisals/srvc=home&position=recent%20

Another interesting story about the appraisal industry => http://ezinearticles.com/?Who-Owns-the-Appraisal-Management-Companies?&id=3727433

I understand since the advent of the Home Valuation Code of Conduct (HVCC), deigned to correct abuses of large banks "influencing" the outcomes of appraisals by making them go through Appraisal Management Companies, and it subsequent "corrections" that appraisers may still be busy, but they are not getting paid for their work in many cases.

And to top it all off, some big US banks may also own these warehousing firms they can use for their appraisals - can you say "conflict of interest" or "screw HVCC"?

Now there are some unscrupulous lender and appraiser that try to force a deal to happen, just a there are appraisers who are not familiar with the specific, limited geographic market of houses - each one resulting in bad decisions - accepting bad loans o rejecting good ones.

See my blogpost on Electronic Appraisals too => http://abirenews.blogspot.com/2011/02/electronic-house-appraisals.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Tax Credit for retrofits for energy improvements

2011-04-15T09:44:00.000-07:00

Commercial buildings now account for 20% of the energy used in US.

President Obama would like to see energy efficiency of commercial buildings improved by 20% by 2020 and has called on Congress to propose tax deduction for commercial building upgrade/improvements and wants the Department of Energy to guarantee loans for the energy efficiency upgrades at commercial properties, schools and hospitals...

Building Owners and Managers Association (BOMA) has challenged its members to reduce energy consumption 30% by 2030.

So we are back again at old familiar territory - allowing the federal government to dictate what is and isn't an energy efficient improvement and how much companies receive in tax credits or eventual funding credits. And the production of new energy including oil production and nuclear energy remains dormant until the next person realizes the futility of the 1970's approach to energy efficiency didn't work either.

Source: Atlanta Business Chronicle, 2/11-17/2011, Page 18A.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Summech CDC (SCDC) Provides Affordable Housing to Quaified Home Buyers

2011-04-14T10:09:00.000-07:00

Provides comprehensive counseling and affordable housing in Atlanta metro area (where some residents earn less than 80% of the Area Median Income).

SCDC is a non-profit community-driven housing development organization founded in 1989, whose mission is to provide affordable housing to promote home ownership and to encourage economic development in the Mechanicsville community in the City of Atlanta. SCDC housing counseling services are targeted to potential home buyers throughout the City of Atlanta, which includes Fulton County, and a small portion of Dekalb County. SCDC provides opportunities through several programs including:

Paving the Way, Fill in the Gaps and the Youth Economic Empowerment Program. Paving the Way is the agency‟s housing counseling program that provides home buyer education, financial literacy, pre-purchase, delinquency/default, and non-delinquency post-purchase counseling. During Fiscal Year 2009, Summech served 214 clients.

Summech is one of the Founding Partners of the Metro Atlanta Community Development Corporation (MACDC) and has collaborated with the Atlanta Housing Authority (AHA) to develop low cost housing.

SUMMECH is a Community Housing Development Organization (CHDO) with the City of Atlanta and the State of Georgia.

Website: http://www.summechcdc.com/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HomeSafe Georgia - "free" loans to help Georgia Homeowners in trouble?

2011-04-13T07:07:00.000-07:00

HomeSafe Georgia will provide "bridge" mortgage assistance (from the US Treasury's Hardest Hit Fund) to unemployed Georgians or those who have seen a dramatic decrease in their income due to national economic conditions.

Sounds like they will make you a "one-time" temporary short term (bridge) 0% loan for up to 18 months that is forgiven at a rate of 20% each year for 5 years to allow you to pay any back mortgage payments.

Website for help: https://www.homesafegeorgia.com/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Report on Subprime Mortgages by US Senate

2011-04-12T14:48:00.000-07:00

The Senate Permanent Subcommittee on Investigations is to release a report soon on securities firms who bet for and against subprime mortgages by creating Collateralized debt obligations (CDOs) (i.e., investment baked by pool of mortgage bonds) of subprime loans and selling them as stellar investments (with the help of the top 3 US rating agencies) to some and to others saying they were "crap" and betting against them --- all the while making fees on both sides of the coin.

One such "investment vehicle" (i.e., like the pinto-explosive).

The humor (if you can call it that) to all this is that everyone who conceived and carried out this sham on the investment world are probably still living and employed in the investment world.

I would categorize the investment community two ways - dumb and dumber!

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

So what did the Democrats do in 111th Congress?

2011-04-11T12:42:00.000-07:00

According to a summary in the Wall Street Journal, the following bills were passed in the 111th Congress ending 1-20-2011:

Health Care
Economic Stimulus
Wall Street Regulations
Lilly Ledbetter Fair Pay Act
Credit Cards
Tobacco Regulations
2 Supreme Court Confirmations
Cash for Clunkers
Don't Ask, Don't Tell
Tax Deal
Food Safety
Nuclear Arms Treaty
9-11 First Responders

Any comments?

Average Homeownership Expenses Homeowners need to Consider

2011-04-06T15:37:00.000-07:00

I was asked by a prospective homeowner...'In addition to my mortgage payment, what expenses do I expect to have when I purchase a home?'

With the costs of home ownership in mind, I drafted a simple spreadsheet of basic household expenses to provide homeowners. This may help some first time home buyers put the "real costs" of home ownership into perspective.

Spreadsheet of some household related expenses @ www.abuyeragent.com/Home-Costs.htm

Let me know your thoughts of these and other expenses I need to include in this list:

Rent v. buy information @ http://www.nytimes.com/interactive/business/buy-rent-calculator.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Georgia Department of Community Affairs – Georgia Housing Finance Authority

2011-04-05T05:29:00.000-07:00

Georgia Department of Community Affairs – Georgia Housing Finance Authority provides comprehensive counseling for Housing needs)

The Georgia Department of Community Affairs (DCA), created in 1977 to serve as an advocate for local governments, merged with the Georgia Housing and Finance Authority (GHFA) and the in 1996. Today, the DCA operates a host of state and federal grant programs; serves as the state‟s lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the state‟s solid waste reduction efforts. In Fiscal Year 2009, GHFA provided comprehensive housing counseling services to about 4,200 Georgia clients and through its network of housing counseling agencies, funded and served 14,374 clients.

Website: http://www.dca.state.ga.us/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA 203K (Rehab Mortgage Loan) Program

2011-03-31T07:30:00.000-07:00

This loan program basically allows the home buyer to use FHA financing to buy and repair/rehab residential real property through preapproved repair contractors. Many stipulations exist but the program has worked well for many people get a home at a good value and fix it up.

Source: 203K Program

http://www.hud.gov/offices/adm/hudclips/forms/files/92700.pdf - 203(k) and Streamlined (k)
U.S. Department of Housing Maximum Mortgage Worksheet

HUD Mortgagee Letter 2005-50 - List of eligible work items/improvements

Helpful areas of information about 203K loans:

- http://www.hud.gov/offices/hsg/sfh/203k/203kmenu.cfm

- http://www.hud.gov/offices/hsg/sfh/events/021711203k.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Obama vetoes bill to stop electronic signatures...for now

2011-03-30T08:39:00.000-07:00

Interstate Recognition of Notarizations Act of 2009 - Requires state and federal courts to accept documents of many different kinds that are notarized by people or computer in other states.

This is an attempt to slow the process down to ensure people aren't caught up in the eviction process earlier than they could have or without merit.

The Bureau of Consumer Financial Protection has jurisdiction in this decision, but doesn't become effective until summer of 2011 (but dollars to donuts that Elizabeth Warren is coordinating rules and guidelines).

http://www.govtrack.us/congress/bill.xpd?bill=h111-3808

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Billion$$$ for the Neighborhood Stabilization Program

2011-03-29T07:50:00.000-07:00

Here we go again...Another Federal program designed to redevelop foreclosed & abandoned properties in blighted areas. Is it successful?

Even though some communities have bought, renovated them and sold foreclosed homes to low income buyers, or have demolished some blighted areas, there have been some communities that received promise of grants who haven't done much at all with the available funds.

There are some local and state officials who are unable to use the federal funds due to the constantly changing program guidelines and rules to use the money. A recent AP article stated that only 38% of the money has been "obligated" or dedicated ---- backed up by a legal contract for the property. The funds have to be obligated by September 2010 or the money will be taken back by the Feds (and probably spent somewhere else instead of paying off debt or just reducing the budget by that amount).

NOTE: Fat chance for reducing the debt according to Jamie Dupree's blog about where the unobligated money "really" goes. - http://wsbradio.com/blogs/jamie_dupree/2010/04/unspent-federal-money.html

Examples of problems include Boyton Beach, Florida where $11,000 of the $3 million grant has been spent. The local governments are not establishing relationships with the banks before sophisticated "private sector" investors are buying up properties before the local government officials can even bid on them...

Wait, government too slow for the free market? No!

3-17-2011: House of Representatives - H.R. 861 (Elimination of Unallocated Release of NSP Funds) was rejected...so in other words, Congress didn't agree to release these funds back to the US Treasury, but to go ahead and allocate them.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

FHA loan immediately after a short sale?

2011-03-28T09:06:00.000-07:00

Can I get an FHA loan just after I sell my home through short sale? Well, maybe...

But would you want a loan right away after going through that process.

http://www.hud.gov/utilities/intercept.cfm?/offices/adm/hudclips/letters/mortgagee/files/09-52ml.pdf

http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-52ml.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HUD Homes for $1 - well, maybe, but not to you!

2011-03-25T05:43:00.000-07:00

Neither an individual nor an investor can purchase a HUD home for $1. And even though individuals who use FHA and are owner occupants can buy HUD homes for $100 down ( ) or certain qualified public servant home buyers can buy homes for 50% of full asking price from HUD, they can't buy a HUD foreclosure for $1.

HUD's program provides for local Government Agencies to partner with non-profit organizations to buy FHA foreclosed properties that have been unsold for about 6 months. Or in other words, nobody else wants them because of property condition and other factors that make the property non marketable.

http://www.hud.gov/offices/hsg/sfh/reo/goodn/dhmabout.cfm

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Freddie Mac videos on homeowners handling foreclosures and distressed sales

2011-03-24T08:15:00.000-07:00

http://www.mortgagenewsdaily.com/03212011_freddie_mac.asp

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Georgia SB 346 - Property Values used to Calculate Property Taxes

2011-03-23T05:46:00.000-07:00

After researching the effective date of SB 346, it appears that that Section 5-2 provision (using no higher than purchase price as property value) and most of the rest of the Bill becomes effective 1-1-2011. (SB 346 history and Bill at Georgia General Assembly website - http://www1.legis.ga.gov/legis/2009_10/search/sb346.htm)

As a side note, the following link states that Part XIII and Part VI of SB346 shall become effective upon approval by the Governor (signed 6-4-2010) or upon it becoming law w/o such approval (I think if Governor didn't sign or veto, it then automatically becomes law in Georgia) ; assume (effective) for tax year 2010; all other provisions become effective January 1, 2011; http://www.gaptp.com/docs/SB346.pdf

I welcome any clarification to these findings.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Buying a HUD Foreclosure for $100 down?

2011-03-22T06:25:00.000-07:00

Yes - you can buy an FHA foreclosed (HUD) home with $100 down...

But you must use FHA financing; the total estimated repairs don't need to be under $5,000 (i.e., FHA insurable) as long as FHA financing is used; and you must be an owner occupant.

Unfortunately, Good Neighbor Next Door properties are ineligible for the $100 down.

See details here - http://www.hudpemco.com/100%20Down%20Payment%20Incentive.pdf

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Lease Purchase of Real Estate in Atlanta Metro Area

2011-03-21T07:03:00.000-07:00

A quick summary on Lease Purchase Agreements

As an Exclusive Buyer Agent, I frown upon lease/purchase agreements for two reasons. One, very few wind up closing, giving the Seller a large lump sum option payment. Another, the home buyer is not going to be in a strong negotiating/bargaining position for any lease/purchase.

But if a home Buyer really wants to buy a house and is otherwise unable to proceed with mortgage financing to purchase a house and needs time to be in a better financial position to purchase a house (for credit repair; short on down payment; owns a primary residence; plans to move without selling, etc), then the Buyer and Seller may agree to a rental period with subsequent property purchase. In other words, a lease/purchase of a home.

Typically this involves:

Rental to Buyer over 12 month period, agreeing to a sales price of the house 12 months from now;
Large non-refundable down payment by the Buyer (Seller keeps it if house sale doesn't close, or used as down payment if it closes);
Portion of the "inflated" rent to be applied toward the purchase price of the home (refundable?);
Basic responsibilities of the Buyer and Seller including responsibilities for insurance, utilities, repair to and maintenance of the house, compliance with subdivision HOA CCRs, etc,;
Length of lease term is long enough to obtain financing
Provisions where Seller receives monthly payments and Non refundable fee, yet fails to make mortgage payments and home forecloses before Lease-Purchase expires and home is to go to closing;
Consult with Real Estate Attorney to draft and review contract regarding any other local, state, national Lease/Purchase laws in effect.

NOTE: Since the ultimate success or failure relies on the relative bargaining strength of all the parties and the Buyer's ability to qualify as both a tenant and purchaser, this is not the complete list of factors to consider for all Lease/Purchase Agreements that would fit each individual situation. Use it as a guideline. Add or change concerns to fit your specific situation.
Topic	Buyer	Seller
Lease Purchase Contracts - Factors Buyers & Sellers Consider
Buyer qualification	Not only do you need qualify as a renter with a credit and reference check, but also you must qualify (income, credit score, amount for DP,etc,) for a mortgage loan at the time of purchase.	Require tenant to complete a credit application from a vendor who investigates credit and get prequalification from a lender who will be working with Buyer throughout the process.
Lease Agreement	Long enough term to obtain financing; what level & type of insurance will you need (Seller has homeowners/renters coverage); if responsible for utilities, put in your name so you control payments & provide proof of payment to Seller; and if you pay for repairs/improvements, outline how will they are treated by Seller (credit toward purchase price or off lease payment). Protect or reduce responsibilities before purchase.	Responsibility for utilities, repairs, and maintenance and ask for proof of payment; Frequency & access of visits during lease; Levels of insurance required by tenant and Seller.
Monthly Lease Payments	Competitive, low and apply as much as possible toward Purchase Price.	Enough to cover current mortgage payment and any projected repair if possible (difference can be applied to purchase price if closed), otherwise, it's there for repairs.
Security Deposit	Normal on rentals; should be refundable regardless whether you plan to use it toward down payment or not unless it covers legitimate repairs; and document move in and move out condition with Landlord.	Make it refundable after lease expiration net of repairs but after review property condition if property doesn't close.
Option money	Make it tied to down payment; have money held in an escrow account and not Seller's hands; and don't make it "non-refundable" unless you can close.	Make non-refundable right away; you can apply toward price, but only if purchase closes.
Purchase Agreement	Protect your up front option dollars if possible; make it non-refundable if only Buyer default and can't fulfill closing; and be sure to incorporate regular Purchase and Lease Purchase contract contingencies.	Obtain the non-refundable option money as quick as possible; make fewest purchase contingencies; shortest due diligence possible; and limit any contract extensions.
Purchase Price	Make it close to current prices or future trends if prices are falling and a better price may be down the road.	Make it as high as possible to cover loan amount and desired return not related to current market prices.

Article by Atlanta Real Estate Investors Association about Lease Purchase contracts as alternatives to the buy & flip - http://atlantareia.com/articles/the-fair-leasepurchase-an-investor%E2%80%99s-perfect-hybrid/?utm_source=feed>burner&utm_medium=twitter&utm_campaign=Feed%3A+AtlantaREIA+%28Atlanta+REIA.com+Automatic+Updates+%26+Announcements%29

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Flood Insurance - Take it or leave it?

2011-03-17T06:41:00.000-07:00

12-14-2011: Well, the Federal Flood Insurance Program is on life support for now and Congress is still talking about elimination of the Federal Flood Insurance Program...what do you think ought to happen about a program that resulted in about $11 Billion in losses in 2011? Source: http://www.upi.com/Business_News/Real-Estate/2011/12/14/Will-Record-Flood-Losses-Save-or-Drown-Flood-Insurance/3201323876248/

Do you think the Federal Government should be insuring US households with insurance it charges people, or should it be privatized or partially privatized?

9-16-2011: Currently, the National Flood Insurance Program (NFIP) is set to expire 9-30-2011 (but don't count on it). Also, due to past & recent storms and close to $20 billion shortfall in National Flood Insurance Program resources, there are separate bills in the US Congress proposing increases to flood insurance premiums from 15-20%.
Source: http://www.retradio.com/shows/2011/09/16/national-flood-insurance/

9-15-11: Some estimates of flood insurance premiums from floodsmart.gov - http://www.floodsmart.gov/floodsmart/pages/residential_coverage/policy_rates.jsp

9-15-11: Less than 10% of people who were flooded in the path of Hurricane Irene carried flood insurance. This article also has other good insurance suggestions including an annual review of your policy with your insurance agent. Source: http://realtytimes.com/rtpages/20110915_residents.htm

5-23-2011: Another Cspan Washington Journal segment on National Flood Insurance Program. I found it interesting to learn that "every" real property in the United States is in a flood zone, just some don't require flood insurance. Cspan Washington Journal discussion about flood insurance 5-23-2011

5-10-2011: Operation Watershed by the Army Corps of Engineers for 2011

Update 3-28-2011: National Flood Insurance Program (NFIP) established in 1968, is a Federally backed insurance program that insures homeowners who (a) are located in a flood zone who (b) have a Federally backed loan - which nowadays is about 100% of loans issued. That makes me ask the question: Now that Fannie and Freddie are owned by the US Government, can they require homeowners to purchase flood insurance?

Note: Watch the Cspan Washington Journal 3-28-2011 program for a nice 40 minute summary - http://www.c-spanvideo.org/program/NationalFlood)

Given the recent floods in Georgia and around the country, is flood insurance on your radar?

Many people are now considering flood insurance for their homes.

The Federal emergency Management Agency (FEMA) is charged with the task of maintaining, and constantly revises, National flood maps. I understand that if any portion of your land is connected to a flood area/zone, then your property is suspect and may require flood insurance by your lender no matter what stage your loan is in. (Yes, lenders are made aware of changes and may suddenly require you to order flood insurance). If you don't have a mortgage, then you should consider monitoring your property's flood zone/area status.

Your current lender may refer you to, or be able to order a Flood Certification from a company that reviews your property on the FEMA flood maps. FEMA posts a list of Flood Certification companies FEMA's list of flood certification companies or members of the National Flood Determination Association NFDA - http://www.fema.gov/business/nfip/fzone1.shtm

The flood reviews are ordered by lenders for new or refinance loans and typically cost around $20.

I understand that the average National Flood Insurance Policy costs about $350 per year (even though this is heavily subsidized by the Federal Government). If the actual structure of your residence lies anywhere in a flood zone/area, your lender will require flood insurance. Before an amount is determined, you may need to get an elevation survey to determine how much of the dwelling is located with the flood zone/area, which may cost a few hundred dollars.

Search here to find your property in the FEMA flood maps - http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

Please post the experiences you or others you know who have encountered the flood insurance issue.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Want to find/change natural gas provider in Georgia?

2011-03-16T14:31:00.000-07:00

This is the website of the Georgia Public Service Commission with respect to gas marketers including recent prices and consumer tips. - http://www.psc.state.ga.us/gas/pricecard.asp

I am not necessarily recommending Walton EMC, but Clark Howard and others have mentioned their rates being very competitive, but I don't know how their customer service and billing issues are rated.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Reverse Mortgages

2011-03-15T12:54:00.000-07:00

Update 1-20-2012: According to this reply from an online real estate attorney, most of the reverse mortgages are non-recourse loans (e.g., they can't go after you for negative equity). But you should verify that before signing up for a reverse mortgage. Source: http://weblogs.sun-sentinel.com/business/realestate/housekeys/blog/2012/01/ask_a_real_estate_pro_walking.html

Update 1-20-2012: Reverse mortgages, once recently almost vanished, are coming back - please be careful to read and understand all pros and cons and seek help when you evaluate reverse mortgages. Source: http://online.wsj.com/article/SB10001424052970204542404577158990079313270.html?mod=djemRealEstate_h

6-25-2011: Apparently, Wells Fargo is another lender (including Bank of America) that is getting out of reverse mortgages - Mainly due from falling property values and therefore the lender is unsure of total payout, whether or not it's supported by the final property value. Note: Funny how they protect their payout but some lenders can issue very risky loans when the Federal Government is there to buy them up.

5-23-2011: Visit the National Reverse Mortgage Loan Association for more information about reverse mortgages.

Note: Reference to the NRMLA website in no way indicates my support or recommendation but for information purposes only.

4-28-2011: National Foundation for Credit Counseling (NFCC) is offering counseling for those homeowners who have reverse mortgages. NFCC's toll-free number (1-866-363-2227) is for homeowners to work with counselors on delinquent real estate taxes, property insurance, or any concern such as special assessments HOA fees, and others.

Source: http://realtytimes.com/rtpages/20110428_free.htm

The new Consumer Financial Protection Bureau (http://www.consumerfinance.gov/) will now oversee reverse mortgage industry.

Most reverse mortgages are made under the Home Equity Conversion Mortgage (HECM) program since its inception in 1988. They work this way: a borrower who is at least 62 years of age and has paid most or all of their mortgage, receives regular monthly payments as advances against their equity. They usually give better cash flow to those who are aged and need more cash to pay for living expenses.

It was once thought that reverse mortgage were safe for older people, but recent news regarding the AARP suing HUD for potential reverse mortgage foreclosure has raised some concerns - http://www.mortgagenewsdaily.com/03092011_reverse_mortgages.asp

Recently, Bank of America has stated their intent to get out of reverse mortgage loans because they are not profitable. (Especially under the current market of declining real estate values.)

Some advocates recommend reverse mortgages as a final option since it would make the individual's government assistance (including Medicare and harder time funding long term medical care.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Tax Allocation Districts (TADs)

2011-03-14T06:40:00.000-07:00

TADs (redevelopment projects built with funds paid back from municipal and school property taxes resulting from improvements) used to pop up during the real estate boom years to purchase blighted areas of the city landscape and develop mixed use residential and commercial properties.

But since the recent real estate meltdown, TADs were almost FADs....a thing that came and went....but not so fast.

It appears that the Perry-Bolton TAD (sight of the government project housing in Perry Homes) is back on track since the Atlanta City Council approved the issuance of $35 million in bonds for 3 commercial and residential projects. 1,500 single and multi-family housing; Moores Mill Village shopping center; and Community center with library are among some of the planned projects.

Source: Atlanta Business Chronicle, 2-25 to 3-3, 2011, 3A.

Note: Ask Alex Rodriguez (NY Yankees) about the benefits of TADs involving property taxes.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Settlements for Inept Mortgage Practices

2011-03-11T06:18:00.000-08:00

There is a detailed 27 page proposal ("code of conduct") by states attorney generals and some federal agencies to settle apparent bad practices by mortgage servicers. The specifics include specific loan modification time lines; the freeze foreclosure action once a loan modification application is received; limits on bank fees charged to delinquent borrowers; and improved tracking to get away from using the MERS (Mortgage Electronic Registration System) that causes problems of identity of who owns the loan.

Another effort by the Obama Administration is to hold large banks responsible to "write-down" up to $20 Billion (of the $744 Billion more than their homes are worth) of mortgage loan balances as a penalty for sloppy mortgage practices. There is a belief that a large single settlement may avoid several smaller suits from several federal agencies would tie up the banks in courts for years.

Note of interest: Loans that went through foreclosure in January 2011 were delinquent for an average of 507 days.

Source: WSJ, 3/5-6/2011, B1 and 2-25-2011

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Inheriting Real Estate

2011-03-10T04:46:00.000-08:00

Here's a good question I caught on Clark Howard show yesterday while Ilyce Glink was hosting:

"Do you have to refinance the loan on a house you have inherited?"

I think it all depends .....on whether the bank wants to proceed with any action.

There is normally a "Due on Sale" clause where the loan may get called in once the property changes hands/ownership. Typically, the filing of the Death Notice in public records may trigger notification to the lender that a death occurred.

My gut reaction is that if there is alot of equity in a property, or it has the potential for higher and better use resulting in a great price, then the lender may take action to demand full payment (where you would have to sell, refinance or lose the house) or they take the property.

I suggest you consult with a real estate attorney since there may be other local, state, or federal rules of property transfer and notice (not to mention homeowner's insurance and property taxes) that may be affected.

Overall, if taxes and insurance are escrowed by the lender and you can continue to make the payments, I guess it's up to the bank.

Here is a link to a North Carolina Real Estate planning blog that mentions a Federal law (12 USC § 1701j-3(d)) that outlines exemptions from lenders invoking the Due on Sale clause for inheritance.

http://www.ncestateplanningblog.com/2009/01/articles/real-property/i-inherited-a-house-do-i-have-to-refinance-the-mortgage/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Tax breaks for state and local real estate development

2011-03-09T05:45:00.000-08:00

The November 1, 2010 ruling by the Georgia Supreme Court ruled the tax breaks granted by the Fulton County Development Authority for development projects on local government were unconstitutional subsidies.

Now Cobb County has come along to offer tax breaks for a developer to develop part of the Hidden Forest subdivision into mixed use residential and retail space. Cobb Developer - Lynwood Development Group -Tax Break

The General Assembly also passed a constitutional law allowing school taxes to be used for development projects.

Source: Atlanta Business Chronicle 11/5-11/2011.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Radon

2011-03-08T10:58:00.000-08:00

Well, I have learned a bit more about Radon Gas testing. I am aware that Radon gas (I've been told caused by decaying granite under the earth's surface) does exist everywhere on the planet at various levels, has been linked to cancer, and if found at a certain level, the EPA recommends mitigation (i.e., continuous removal). I recently was informed that gas levels vary with atmospheric pressures during the day and between days. I understand that a test over 2 or more days detects highs and lows and takes an average over that time period.

Information about Radon Gas testing and services can be found at both EPA Guide to Radon Gas and the Georgia Department of Community Affairs website. You can actually order a $6.50 test kit to test for Radon gas at your home and I believe the results are tested by UGA labs. However, other independent labs exist that are setup for performing tests like Pro Lab. Many home inspectors can provide testing and independent laboratory review.

Tests can be performed using charcoal canisters or electronic devices and performed by professional home inspectors can run from $100-200. Minimum test periods of 48 hours will give enough swings in levels to identify variance in levels.

If you choose to mitigate the radon gas, then you can seek contractors from http://www.radongas.org/ or http://www.nrsb.org/. For the "do it yourselfer", you could also try to install systems yourself (I recommend a professional help you) through Radon Gas kits.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Bank of America Legacy Asset Servicing

2011-03-07T05:18:00.000-08:00

In response to investigations into major bank mortgage loan servicing problems, Bank of America has decided to form a department (Legacy Asset Servicing) to ensure the existing 1.3 million delinquent loans are monitored to ensure they are properly administered and deal with any repurchase of bad loans.

Note: 12 million performing loans are being handled by Bank of America.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Does the new Dodd-Frank bill affect small mortgage companies?

2011-03-01T13:13:00.000-08:00

Apparently the new Federal law requires a "compliance person" to oversee mortgages to ensure they are in compliance with Federal laws. So some smaller lenders are merging together to form larger mortgage units.

Is this reverse engineering to force development of bigger (i.e., TOO big to fail") lenders?

But I think the comment in the Chronicle's article of banks having a hard time competing with non-bank lenders because they have alot more variety of businesses to focus on gives me a chuckle - when did any bank ever concern themselves with "too much business" (making money)?

Source: Atlanta Business Chronicle Page A16 2-25 thru 3-3, 2011.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

What happens when the bank forecloses on a renter?

2011-02-28T05:06:00.000-08:00

Protecting Tenants at Foreclosure Act of 2009 (signed by President Obama May 20, 2009.)

This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).

An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice.

Source: http://www.nolo.com/legal-encyclopedia/article-30064.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

HUD Counselors & Resources for Residents and Communities of Georgia, Inc. (RRC)

2011-02-24T10:13:00.000-08:00

Provides comprehensive counseling for housing needs in Atlanta metro area.

6-10-2011: If you will, or have problems meeting your mortgage...

Avoid foreclosure - check out the HUD Housing Counseling Agencies located in GEORGIA - http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?&webListAction=search&searchstate=GA&filterSvc=dfc

If you need 2 avoid foreclosure, contact a HUD Housing Counselor = There is NO fee - (800) 569-4287
http://portal.hud.gov/hudportal/HUD?src=/i_want_to/talk_to_a_housing_counselor

RRC is a non-profit community development corporation founded in 1989 with the initial mission of revitalizing the Reynoldstown community of Atlanta. RRC creates sustainable communities through knowledge sharing, community building, housing, and economic opportunities. RRC began providing homeownership counseling services to low-income clients as a community-based partner of the United Way Individual Development Account program beginning in 1999. In 2006, RRC formally established its HomeOwnership Center, which provides homebuyer education and counseling, financial fitness education, post-purchase education, foreclosure prevention counseling, and a rescue loan fund to clients from throughout the metro Atlanta area. During Fiscal Year 2009, the RRC counseled 1,121 clients.

Website: http://www.rrc.reynoldstown.org/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cobb SPLOST 2011 - Vote NO!

2011-02-23T12:48:00.000-08:00

Look at these 4 year SPLOST 2011 Plans - Do you see any details in the SPLOST 2011 plans to give you an idea if the projects are necessary or just "wants"? Are they too general or just right for your taste?

The Marietta Daily Journal stated (1-9-2011, 5B) that we may have to pay more if the Cobb SPLOST isn't approved. Per House Bill 277 that was passed last year (thanks Republican schmucks), if we don't pass the continuation of penny sales tax, we might pay more for state road projects. Is this the only choice we have? Sounds like a law can be changed....and what state road projects are necessary? Will the 21 Regional Roundtable members come up with a list of "only" absolutely necessary projects for the ten years starting in 2012? - Probably not.

I don't object to a sales tax for "repairs" of roads and buildings. I do believe there are bridges needing repairs, roads and buildings in need of repair, but I don't believe Cobb has sufficiently identified details of just what expenditures are planned and they are not disclosed properly.

One example of another Government Waste of SPLOST Dollars in Cobb County - The New Superior Court Building in Cobb County

Bullet resistant drywall - that's good if guns ever get past the high paid security on the first level and through the rest of the building...c'mon, is it really necessary? Hope there was a sufficient break on insurance coverage costs to pay for it!

80-85% of the construction debris was recycled - oh really, how does scrap pieces of drywall and other debris get recycled - and into what? If that was a major accomplishment, did it save the taxpayers lots of money?

Two goals of the new courthouse were to reduce energy costs by 15% and water costs by 40%...why not turn off a few lights and pout bricks in toilet tanks or just shut off a bathroom or two, or turn the thermostat up in the summer and you get some savings. These are noble goals but did you have to build another courthouse to achieve these savings? Isn't the mere fact you are using more energy efficient materials going to give you energy savings and only 15%? Why not 25%?
Over 25-30 years, cost savings (water - electric - HVAC) will be significant - yeah, if it lasts that long! And will we need to wait that long? There's alot of updates, modifications, and repairs in that same 25-30 year period.

Oh and Juvenile and Magistrate Courts are supposed to move into the old courthouse, but no money is left for that move - so that cost is buried in the 2011 SPLOST proposal on March 15, 2011 - gotcha!

When will the Cobb voters demand more details and specifics before tax money is spent - maybe never?

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Cobb Housing, Inc.

2011-02-21T14:27:00.000-08:00

Comprehensive Counseling in the Marietta and Cobb County area

Cobb Housing, Inc. is a non-profit community based organization designated as a State of Georgia Community Housing Development Organization. The agency‟s mission is to enhance the community by providing a full range of affordable home ownership programs and services. Since 1993, Cobb Housing, Inc., a NeighborWorks America charter member, has provided individual and group pre-purchase, post-purchase and foreclosure prevention counseling to Metro Atlanta residents. The agency also provides foreclosure prevention and loss mitigation counseling through the National Foreclosure Mitigation Counseling Program. Cobb Housing, Inc. served 1,150 during Fiscal Year 2009.

WEBSITE: http://www.cobbhousinginc.org/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Metro Atlanta area Property Taxes and Appeals

2011-02-18T13:39:00.000-08:00

The Atlanta Journal-Constitution reported in December 2010 of some issues with Metro Atlanta property taxes in the major Metro Atlanta Counties. The major concern for property owners is the valuation of each residential property for tax purposes seems to be inflated in many cases. The AJC conducted a comparison between thousands of home sales prices (in 2009 and 2010) and each County's tax valuation of those properties and found some major discrepancies. Dekalb County reported about a 25% higher value than sales price on the average. Also, Dekalb County still has about 7,000-8,000 appeals waiting to be reviewed.

Section 5-2 of Georgia Senate Bill 346 (signed by Governor Perdue and became law effective 1-1-2011) required all Georgia Counties to use the actual sales price in the next year following the sale for valuation when calculating property taxes.

Look at your 2010 property tax bill. If you can’t lay your hands on it, you can look it up online. Many counties have searchable databases of residential property. (Web addresses for the five largest metro counties are below.)

Clayton: http://weba.co.clayton.ga.us/tcmsvr/htdocs/indextcm.shtml

Cobb: http://www.cobbtax.org/Search/?GenericSearch.aspx?mode=PARID

DeKalb: http://web.co.dekalb.ga.us/taxcommissioner/search.asp

Fulton: http://www.fultoncountytaxes.org/fultoniwr/11_depts_property_taxes.asp

Gwinnett: http://gwinnetttaxcommissioner.manatron.com/Tabs/ViewPayYourTaxes.aspx

What do you know about sales of other homes in your neighborhood? Do home values seem to be going down? If so, the county may have overvalued your house for tax purposes. If you think your house has been overvalued for tax purposes, you now have two options:

File a property tax return

(1) In the past, the best way to ensure you could appeal the county’s assessment of your property’s value was to file a form called a “property tax return,” which forced the assessor to send you a notice of your property value. Under new state law, assessors now must send a Notice of Current Assessment to all residential property owners. But in some cases, you may still want to file a return. To do so, download and print the one-page form found at: https://etax.dor.ga.gov/ptd/adm/forms/pt50r/LGS_TAXPAYERS_RETURN_OF_REAL_PROPERTY_PT50R.pdf.

(2) Section C of the form asks you to list last year’s “fair market value” on your land and your house. Then it asks you to list the value of the land and the house this year (as of Jan. 1, 2011). This is where you tell the county the value of your property has gone down. You must send the form to your county tax assessor between Jan. 1 and April 1, 2011.

(3) The assessor reviews your return and decides whether it reflects your property value. The county will respond with a Notice of Current Assessment between April and June.

(4) If the county turns you down, you have the right to appeal. But if the county agrees with your proposed value, it could save you the hassle of a formal appeal.

Appeal your appraisal

(1) Previously, you could appeal your property assessment only if you filed a property tax return or if the county changed the value of your property. Beginning this year, anyone can appeal.

(2) File your appeal within 45 days of the date on your notice (counties have different deadlines). First stop: the county board of assessors. Most appeals are worked out there.

(3) If you can’t reach agreement with the board of assessors, the next stop for residential taxpayers is (a) board of equalization, which is a panel of county residents that hears appeals unresolved at the assessor level, or (b) binding arbitration, which involves submitting a written private appraisal to an arbitrator appointed by the superior court clerk. You can appeal a board of equalization decision to your county superior court. Note that both arbitration and appealing to superior court carry fees. There is no fee for an appeal to a board of equalization.

More information on appeal: https://etax.dor.ga.gov/ptd/adm/taxguide/appeals.aspx

Mortgage Servicers and Foreclosure Practices

2011-02-17T13:57:00.000-08:00

The Securities and Exchange Commission (SEC) is investigating disclosure, misrepresentation, and omission issues.

Both the Federal Housing Finance Agency (FHFA) who regulates Fannie Mae and Freddie Mac and the Office of the US Controller of Currency have requested reviews of major banks.

HUD is also on the warpath and has the authority to fine or sanction banks.

Please go to this link to Cspan's excellent coverage of the Congressional investigations of the subject: http://www.c-spanvideo.org/videoLibrary/search-results.php?keywords=mortgage+servicer+foreclosure+practices

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

States are modifying loans

2011-02-16T16:45:00.000-08:00

In states where mediation of foreclosures through some fashion of legal assistance (not a non-Judicial foreclosure state like Georgia), the states are requiring banks to modify loans...About 20 states offer some form of foreclosure mediation.

Over 60% of the people in mediation have received permanent loan modifications.

Some borrowers have complained that the lender transfers them from person to person and the Congressional investigations on Cspan reveal some of the practices.

There was also a reported 1.5 million loan modifications made by the industry - But how many of those modifications were permanent and how many were just for the minimum 3 months to get their fees and setup for another loan modification?

Source: WSJ 12-31-2010, A4 - http://online.wsj.com/article/SB10001424052748704543004576051843140821936.html?mod=djemRealEstate_h

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Seller Assisted Down Payment Programs are more risky?

2011-02-15T08:07:00.000-08:00

YES- According to the General Accounting Office study - GAO Report on Delinquencies of Down Payment Assistance Programs

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Dodd Frank law - truth or "unintended" consequences?

2011-02-14T06:17:00.000-08:00

Apparently the federal limits of credit card issuers can adjust rates led to higher rates and limited product offerings driving borrowers to less conventional lenders including payday lenders, loan sharks, and pawn shop rates.

Also the 2009 CARD (Card Accountability Responsibility Disclosure) Act imposed limits on credit card interest rate adjustments and penalty fees.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

New Fannie Mae "WaysHome" Initiative

2011-02-10T09:04:00.000-08:00

Fannie Mae has recently started its new WaysHome initiative to try and keep homeowners in their homes - no matter if they own them or not...

http://www.knowyouroptions.com/options-to-stay-in-your-home

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Where did all the jobs go?

2011-02-08T07:09:00.000-08:00

Per an Associated Press article in the 12-29-2010 MDJ (A1), since sales in international markets are growing twice as fast as US domestic sales, demand overseas creates jobs overseas. Reportedly 1,4 million jobs overseas compared with about 1 million here in the US.

This has resulted in all but 4 of the top 500 US corporations reported profit for 2010 and half the revenue for S&P 500 companies came from outside the US.
Also, it seems that the production of many products moved to overseas facilities aren't returning to the US.

China became the world's second largest economy.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Are tankless water heaters worth it?

2011-02-07T05:34:00.000-08:00

Bottom line: Spend $2,500 to get $75/annual return?

That All depends...on your perspective of worth.

If you want instant hot water, don't want to waste a little gas or time warming the water, deplete the tank and run out of hot water often, and then it may be for you.
But if you think the tankless water heaters are expensive to install ($2,500 potential overall purchase and installation costs) and very long payback (25-30 years) even after any tax credits, then they may not be for you.

Here's some good information from consumer reports:
http://www.consumerreports.org/cro/appliances/heating-cooling-and-air/water-heaters/tankless-water-heaters/overview/tankless-water-heaters-ov.htm?view=Print

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Electronic House Appraisals

2011-02-04T08:28:00.000-08:00

Just when you thought there was enough confusion and dissension regarding appraisals, lenders are using electronic desktop computerized appraisals for preapprovals for mortgage refinancing; home equity loan approvals; loan modifications; and purchasing properties valued under $250,000.

The results of the computerized appraisals have been mixed - some higher, some lower than expected. Obviously, when the appraisal isn't where the borrower wanted it to be, there are protests. But in all frankness, sometimes the appraisals done by human appraisers have fallen short and caused consternation.

This may cost around $20 where human appraisals cost anywhere from $300 up to $1,000.

Source: WSJ, 12-30-2010, C1

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

Federal Bank Regulators Fail to do their Job

2011-02-03T20:10:00.000-08:00

Update - 4-8-2011: Senate Permanent Subcommittee on Investigations will release a report soon about revealing emails from securities firms that bet for and against subprime mortgages and mortgage related CDOs. The subcommittee may prosecute./pursue further, but the report is supposed to expose financial vehicles used to caused problems including the Hudson Mezzanine Funding 2006-1 that made Morgan Stanley realize $9 B loss on investment. (WSJ, 4-2/3-2011, B1)

According to an April 2010 study released by the US Senate Subcommittee on Investigations, the Office of Thrift Supervision (who regulates banks) failed to properly oversee and enforce correction of issues at Washington Mutual (WaMu) regarding their mortgage lending and risk management problems dating back to 2002. Senator Carl Levin stated thought it was a conflict of interest. Apparently, WaMu was a large lender in subprime mortgages during 2002 to 2008.

Wow, can you say "bigger Government is gooder"?

Source: MDJ, 4-16-2010, 7B

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