January 2009 What's News in Real Estate

Mortgage Lending Industry Prevented Almost 240,000 Foreclosures in December

Jan. 29 -- First Time Foreclosure Preventions Exceeded 200,000 in 4 Consecutive Months, Modifications Were More Than Half of All Workouts WASHINGTON, DC--(MARKET WIRE)--Jan 29, 2009 -- HOPE NOW, the private sector alliance of mortgage servicers, counselors, and investors that has been working aggressively to prevent foreclosures and keep homeowners in their homes, today announced that its members and ... Yahoo! Canada

 

January, 28 2009

HOUSE PASSES STIMULUS BILL

Yesterday, the U.S. House of Representative passed H.R. 1, the Economic Recovery Package, by a 244 to 188 vote. The bill contains a number of issues critical to REALTORS® and the industry, including the extension, until the end of 2009, of all Metropolitan Statistical Area's (MSA's) 2008 Fannie Mae, Freddie Mac and FHA loan limits. The proposed legislation also will eliminate an existing payback requirement on the first-time homebuyer tax credit for qualified buyers who purchase a home between Dec. 31, 2008 and July 1 this year.

Congress included these provisions as a direct result of the grassroots efforts put forward by REALTORS®, and the advocacy efforts of both NAR and C.A.R. Congress elected not to include numerous housing provisions beyond those previously mentioned. Instead, Congress will address housing issues in other legislation next week when the Financial Services Committee meets.

In addition to tax credits for individuals and married couples, other provisions in the bill include funds for increasing access to high-speed and broadband; highways and roads; railroads; alternative energy incentives; unemployment insurance; Medicaid insurance, health care technology upgrades; childcare; education; and low-income and affordable housing programs. The bill is expected to be voted on by the Senate sometime next week.

US House Panel Begins Debate On 'Cram-Down' Mortgage Relief

(Dow Jones)- A U.S. House panel began debating legislation Tuesday to allow judges to modify mortgage loans for people in bankruptcy, after a key Democrat agreed to changes narrowing its scope. The legislation would amount to the most aggressive step yet by the federal government to help troubled borrowers hang on to their homes. The banking industry warns that it will raise mortgage ... Morningstar.com

Fight building over judges redoing mortgages

January, 27 2009


Washington -- Most congressional Democrats say the quickest way to save homeowners like Troy Butler of Saginaw, Mich., is to let them declare bankruptcy and allow judges to dictate new mortgage terms. Easy, except the lenders that would absorb the pain - and lose control of any deals to ease the terms - do not want to get dragged into bankruptcy court by millions of overextended borrowers. ... The Sun News

Foreclosure swindlers prey on desperate

January, 25 2009

Foreclosure swindlers are promising to help people keep their homes and taking $1,000 or more up front -- and doing little or nothing as the foreclosure proceeds.

But there's good news, too: You can learn how to save your home for free.

Foreclosure rescue scams, which target people who are desperate and have little money, are being reported in the thousands all around the ...

The Columbian, Vancouver, Washington.

 

January, 26 2009

AB 885 will affect your Private Property Rights

If you own property anywhere within the State of California that currently has or will possibly have a Septic System in the future, please read on.

I know Septic Systems are not an overly attractive point of discussion, however, the passage of AB 885 and impending regulations could cost you thousands of dollars and potentially lead to you owning a piece of property that is NOT buildable or a Home that would need thousands of dollars in Point of Sale retrofits.

This is a potential and very real problem for EVERY private property owner and Realtor in our State.

The state of California has released the proposed regulations for onsite wastewater treatment systems (OWTS) and the accompanying Draft Environmental Impact Report (DEIR) evaluating the impacts of the implementation of the regulations on the people and environment of California. You should be concerned that, if enacted, these regulations will make it too burdensome to own a property with a septic system. There is even a new point-of-sale requirement to transfer technical documents.

The cost of achieving compliance is too burdensome and costly and hurts housing affordability.

Groundwater testing and routine inspections will be required whether there is evidence of septic-related problems or not, adding an unnecessary cost burden to property owners - many of whom are either low income and are dealing with declining property values due to the market.

The separation to groundwater standard and loss of sidewall infiltration will require new and existing homebuyers to install tremendously expensive “alternative systems”- if they are even locally allowed. This will make homeownership unachievable for many people throughout the state. And will certainly make it much more challenging in the sale of your existing property.

The regulations need to allow for an effective, pragmatic variance process, where local government regulators can make site-specific exceptions to the regulations and determinations of "functional equivalency" for local conditions.

The owners of existing septic systems with supplemental treatment systems will now be required to maintain and transfer technical documents at point of sale. This is a problem because:

Thousands of systems would already be out of compliance due to lost or misplaced documents. Home Owners, Land Owners and Realtors® will be exposed to increased liability in the sale or transfer of property.

The requirement to install groundwater-monitoring wells for new systems is too costly and will prevent building on otherwise usable lots.

These proposed regulations and draft Environmental Impact Report (DEIR) have been released to the public for review and can be found at: Waterboards

The state is in the process of holding several local workshops and hearings where members of the public may give written and/or oral input regarding the State Water Board’s proposed regulatory actions. These meetings are a forum designed to gain public input about the proposed regulations and content of the DEIR. This is your chance to let the SWRCB know that the proposed regulations are too costly and burdensome and that the DEIR falls short of adequately evaluating the true financial impact of the proposed regulations on California homeowners.

You can attend a Public Hearing in Sacramento February 9, 1:30pm at the Cal EPA Building, Byron Sher Auditorium, 1001 I Street, Sacto. Other locations are listed on the public site

Or provide written comment to:

State Water Resources Control Board Division of Water Quality

Attn: Todd Thompson, P.E.
1001 I Street, 15th Floor, P.O. Box 2231
Sacramento, CA 95812
email: AB885@waterboards.ca.gov

Wednesday January 21, 2009

Fantasizing about foreclosures? Novice investors beware

Buying homes at auction is fraught with risk, and it takes a big investment of time as well as money.

The allure of foreclosed properties to a would-be real-estate investor is nearly irresistible: Buy valuable properties for pennies on the dollar with little or no risk to your own money, work when you feel like it and grow rich.

Countless seminars and how-to books promise to turn even the novice buyer into a high-powered real-estate investor through the magic of foreclosed homes. The problem is that instant, safe, trouble-free wealth often turns out to be like most things that sound too good to be true -- a scam. If it were easy money, everyone would be getting rich off of foreclosures.

True, some people do, just like some people get rich in the stock and commodities markets, from oil wells and from foreign currencies. But, just like these other forms of investing, profitably buying and selling real estate takes research, knowledge, experience, money and time. And nearly every deal with a huge profit potential comes with an appropriately sized risk.

Beyond get-rich-quick seminars and informational classes offered by nonprofit agencies and local sheriff's offices, few professionals teach novice investors the ins and outs of foreclosure sales. Why should they show you how to buy a great property at a deep discount instead of doing the deal themselves?

Still, if you are willing to go it alone and invest the time and cash required to deal in foreclosures, your first step should be to understand the process as thoroughly as possible. Auction Information

Monday January 19, 2009


Saturday January 17, 2009

IRS TO EXPEDITE TAX LIEN RELIEF FOR HOMEOWNERS


As background, a homeowner seeking to sell or refinance a property must generally pay off an existing federal tax lien. However, during the current economic downturn, many homeowners don't have the cash or equity to do so. Hence, for a refinance, the homeowner may request that the IRS makes its tax lien subordinate or secondary to the lien of the refinancing lender. For a sale, the homeowner may, under certain circumstances, request that the IRS discharge its claim. The IRS's processing time for subordination or discharge requests has been about 30 days. The IRS is currently working to expedite that time frame to help distressed homeowners. For IRS instructions on requesting relief from federal tax liens, go to the IRS Publication 783 for discharges and Publication 784 for subordinations at www.irs.gov.

Wednesday, January 7th, 2009

NEW YORK FED BEGINS PURCHASING MORTGAGE-BACKED SECURITIES

The Federal Reserve Bank of New York on Monday began purchasing fixed-rate mortgage-backed securities guaranteed by Fannie Mae, Freddie Mac and Ginnie Mae. Selected private investment managers are acting as agents of the New York Fed in these purchases.

Summary data detailing these operations will be available on the New York Fed's Web site beginning Jan. 8, and will be updated on a weekly basis each Thursday. This program, first announced in November, is intended to support the mortgage and housing markets and foster improved conditions in financial markets

AUTO LOANS, HOME EQUITY DELINQUENCIES RISE IN THIRD QUARTER 2008
Credit card delinquencies fall


WASHINGTON – In the latest sign that consumers are under financial stress, indirect auto loan and home equity lines of credit (HELOC) delinquencies reached their highest levels ever during the third quarter of 2008, according to the American Bankers Association's Consumer Credit Delinquency Bulletin.  In addition, the composite ratio, which tracks eight closed-end installment loan categories, rose 22 basis points to 2.90 percent of all accounts (seasonally adjusted), the highest level since 1980.

ABA Chief Economist James Chessen said the figures show a continued weakening of the U.S. economy. 

"The number one factor in rising consumer credit delinquencies is job losses.  With one million jobs lost in the first three quarters and two and a half million expected for the year, delinquencies of all types of consumer loans will likely increase in the coming quarters," Chessen said.

Delinquencies for indirect auto loans, which account for 90 percent of auto loans, rose 18 basis points to a record 3.25 percent.  HELOC delinquencies rose seven basis points, marking another record high at 1.15 percent.  

The bank card category was one of only two that showed a decline in delinquencies, dropping 34 basis points to 4.20 percent of all accounts.  The ABA report defines a delinquency as a late payment that is 30 days or more overdue.

"While some people are relying on credit cards to meet daily expenses like food and gas, many are being careful not to add new debt.  Reducing debt and building up cash reserves are good strategies right now.  If you're under financial stress, credit cards can be a bridge to meet daily expenses.  And, unlike other loans with fixed payments, credit cards let you adjust monthly payment amounts.  This flexibility is certainly helping people manage debt better during this difficult economic period,"   Chessen said.

The third quarter composite ratio is made up of the following closed-end loans.  All figures are seasonally adjusted based upon the number of accounts.

  • Home equity loan delinquencies increased from 2.56 percent to 2.63 percent.
  • Property improvement loan delinquencies increased from 1.49 percent to 1.63 percent.
  • Indirect auto loan delinquencies increased from 3.07 percent to 3.25 percent.
  • Direct auto loan delinquencies fell from 1.77 percent to 1.71 percent.
  • Marine loan delinquencies increased from 1.54 percent to 1.82 percent.
  • RV loan delinquencies increased from 1.07 percent to 1.27 percent.
  • Mobile home loan delinquencies increased from 3.03 percent to 3.08 percent.
  • Personal loan delinquencies increased from 2.67 percent to 2.69 percent.

Chessen advised consumers to watch for warning signs of financial problems and act quickly.  Warning signs of overextended credit include:

  • Paying only the minimum payment month after month;
  • Being out of cash constantly;
  • Being late on important payments such as rent or mortgage;
  • Taking longer and longer to pay off balances; and
  • Borrowing from one lender to pay another.

For homeowners having trouble paying their mortgage, ABA strongly recommends they consult www.hopenow.com or call 1-888-995-HOPE.  HOPE NOW is a cooperative effort between counselors, investors, and lenders to help homeowners in distress.

For others who are having trouble paying down debts, ABA advises taking action -- sooner rather than later -- to solve debt problems with the following tips:

  • Talk with creditors – the sooner you talk to them, the more options you have;
  • Don't charge more purchases until your problems are solved;
  • Avoid bankruptcy – it's a short-term solution with long-term consequences; and
  • Contact Consumer Credit Counseling Services at 1-800-388-2227.


For more information on budgeting, saving and managing credit, visit the ABA Education Foundation's Consumer Connection web page at www.aba.com.

The American Bankers Association brings together banks of all sizes and charters into one association. ABA works to enhance the competitiveness of the nation's banking industry and strengthen America's economy and communities. Its members – the majority of which are banks with less than $125 million in assets – represent over 95 percent of the industry's $13.6 trillion in assets and employ over 2 million men and women.