Showing posts with label housing. Show all posts
Showing posts with label housing. Show all posts

Dec 26, 2008

Refinance rates low; few qualify

Interest rates may have reached their lowest level in nearly 40 years, but that doesn't necessarily spell relief for South Florida's struggling homeowners.

mhatcher@MiamiHerald.com

Recent drops in interest rates have homeowners rushing to call local banks and mortgage lenders about refinancing. Loan applications are pouring in.

Yet, South Florida homeowners are mostly getting a big fat ''No!'' from the bank when they ask to refinance. The chief reason: Falling home values mean they owe more than their homes are worth.

''We got 53 calls to my branch on Friday,'' said Todd LaPenta, a private mortgage banker at Wells Fargo on Lincoln Road in South Beach. ``We could only help about five.''

Average rates for a 30-year, fixed-rate mortgage fell to 5.14 percent on Wednesday, the lowest level since 1971, reported Freddie Mac, the government-controlled mortgage giant. The number of people applying for mortgages rose by 50 percent last week, the Mortgage Bankers Association also reported.

It's another painful irony of living in one of the nation's worst hit housing markets -- borrowers who owe more than their homes are worth cannot refinance without ponying up thousands of dollars in cash to cover the difference between the old and new loan amounts.

And they're the ones in most dire need.

In South Florida, four in 10 homeowners who bought or refinanced over the past five years owe more on their home than it is worth, according to sales and mortgage data analyzed by Zillow.com, a web-based real estate services firm. Many of them chose adjustable-rate loans and other expensive mortgages because that was the only way they could afford the payments.

Justin Miller, a broker with Resource Mortgage Group in Plantation, said the current rates, which essentially amount to ''free money,'' are, in a sense, unavailable to those most in need.

''This is only putting people who are in a good position in a better position,'' Miller said.

Even when borrowers have the home equity they need to avoid a big cash payment, they must still meet rigorous underwriting demands that have become the bane of consumers. Equity refers to a borrower's ownership stake in a property, usually the home's market value minus any loans owed against it.

Before LaPenta begins processing an application, he said he makes sure customers are aware of the essential criteria needed to refinance: 20 percent equity in the property, a homestead exemption, a credit score of 700 or higher, a mortgage debt-to-income ratio of no more than 45 percent and the ability to fully document income and assets.

''If not, we're just wasting our time,'' LaPenta said. Still, it's hard to turn down desperate borrowers, whose harangues invariably end in accusations of hoarding federal bailout money, LaPenta said.

'They say, `We provided all the billions and you guys aren't helping us. Why aren't you lending it?' '' said LaPenta. He tells them he works on the front lines and has no say in the bank's underwriting policies.

Still, if you can qualify, the low interest rates offer a welcome financial boon.

Joshua Estrin, a dance and drama teacher in Broward County, on Monday locked in a 4.87 percent fixed rate for a 30-year loan on the Plantation home he refinanced in 2006, reducing his monthly payments by about $300.

''It's wonderful, and I feel very lucky, and every little bit helps. But I'm not the one losing my house,'' Estrin said.

Despite his stellar credit score, his lender showed no leniency in his application, he said. He also had 20 percent equity, though he had to have his home reappraised because the bank's automated valuation found him short by $7,000.

''The bank was putting me through the wringer, so I can only imagine someone who has been responsible, then being hit with hard times and now has a 600 or 650 credit score,'' Estrin said.

When it comes to cheap financing, home buyers -- not refinancers -- may be the biggest winners if they can brave the prospects of further price declines.

Though it still may be too soon to tell whether low rates will spur new sales, Madeleine Romanello, a real estate agent for Douglas Elliman Florida, said there are lots of fence-sitters still too worried about the market to take the plunge. People have learned from the boom years the perils of buying an overpriced property just because interest rates are low, Romanello said.

Florida, however, is basically ''on sale'' right now, Miller said, and buyers would be foolish not to take advantage of low home prices and low interest rates. Even if home price fall another 7 percent in six months, he said, buyers would still have a lower monthly payment if they financed their purchase at today's rates.

''The hardest thing about my job right now is seeing the great deals everybody else is getting,'' Miller said.


source:

http://www.miamiherald.com/business/story/825962.html

Dec 24, 2008

Drywall complaints go up

Reports prompt search for answers

By Tim Engstrom • tengstrom@news-press.com • December 23, 2008


Complaints about damaged air conditioning equipment, refrigerators and even home wiring spread Monday as homeowners attempt to pinpoint whether sulfur-emitting drywall from China is to blame.

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Lehigh Acres resident Billy Rybak said he was "stunned" to read reports in The News-Press about homeowners who have regularly replaced A/C coils and refrigerators and are blaming sulfur from their imported drywall as the cause.

"This sounds exactly like what we have been dealing with for years, but we have been blaming it on the water," Rybak said. "We've been changing water systems like crazy."

Also Monday, Lennar Homes, which has heard similar complaints from residents in the Bella Terra condominium, responded with a written statement from Darin McMurray, Southwest Florida division president for Lennar.

"So far, our investigation in Southwest Florida shows that independent subcontractors installed Chinese drywall in a very small percentage of Lennar homes built between November 2005 and November 2006," McMurray said in the statement. "Lennar has taken extensive measures to ensure the safety of our homeowners and their families. Scientific testing shows no indication of any health risks to our homeowners."

He said the company is taking action.

"Lennar has been working with our homeowners on long-term solutions based on the specific testing of their homes," he said.

Dan Reid of Intuitive Environmental Solutions in Fort Myers, said he has been getting complaints about sulfur dioxide from drywall for three months. He said he has investigated four complaints and has found measurable levels of the substance.

"There are no residential safety standards, but the levels have been well within workplace standards," Reid said. "There has been nothing extreme."

Reid said his research indicates at least some drywall imported from China during the homebuilding boom years of 2004 and 2005 was made with waste materials from scrubbers on coal-fired power plants.

Those materials can leak into the air as gases combine with the moisture on an air conditioning coil to create sulfuric acid, which appears to be dissolving solder joints and copper tubing - creating leaks, blackening the coils and even causing the system to fail, Reid said.

Rybak moved into his home in 2003 and said he has had to replace air conditioning coils four times and his refrigerator once.

Meadowbrook Estates was built by Lehigh Acres-based I&E Homes. Calls to the company offices were not answered Monday and President Johann Pfuner's home number is unlisted.

"I'm going to notify everybody on the street about this and have it tested to find out exactly what the problem is," Rybak said.

Cape Coral resident Frank DeBenedictis said he already checked into getting an air quality test on the advice of his air-conditioner installer, who has replaced his coils four times.

"They said it was going to cost me $800 for the testing," said DeBenedictis, who moved into his home two years ago this month. "I think the builder should have to spend the $800 to tell me if it is safe."

DeBenedictis said his home has copper electrical wiring and it shows signs of corrosion as well.

His home was built by Cape Coral-based Aranda Homes. The woman who answered the phone there on Monday said executives were out of the office on holiday vacation.

Cape Coral resident Lou Appelman, who lives in a home built by Aranda Homes in 2006, said he has replaced his air conditioning coils annually.

"They come out of the unit looking like they are 20 years old," he said, adding that at first, he was willing to blame the air conditioning unit.

"But copper is copper," he said. "Whatever is in the air is going to turn copper no matter who made it."

Michael Reitmann, executive vice president of the Lee Building Industry Association, said homeowners with concerns should first contact their builder.

"You have to contact the builder because, ultimately, the builder is responsible," Reitmann said.

Reitmann said the building industry association is aware that builders such as Aubuchon Homes, Engle Home and Lennar are investigating claims of drywall related problems in homes, but the association hasn't taken a position on the reports.

"Until the research is done, we don't know exactly what the situation is," he said.

source:

http://www.news-press.com/article/20081223/RE/812230384/1075


Jumbo Mortgage Shoppers Get Little Relief From Rates

By Kathleen M. Howley

Dec. 24 (Bloomberg) -- Jumbo mortgage shoppers in the most expensive U.S. housing markets such as New York and San Francisco aren’t getting much relief from lower borrowing costs.

The average 30-year fixed rate for home loans of more than $729,750 remains almost 2 percentage points above conforming rates and the spread between them may set a record this month, according to financial data firm BanxQuote.

Banks remain reluctant to lend after recording $678 billion in mortgage-related losses and writedowns in the past year and as house prices plunge. The collapse of the private mortgage securities market means lenders find there’s little demand for jumbo loans they want to sell. If low conventional rates entice enough homeowners to refinance, jumbo home loans may become more affordable as loan payoffs add liquidity to the banking system, said Keith Gumbinger, vice president of mortgage-research firm HSH Associates Inc. in Pompton Plains, New Jersey.

“A guy in a low-cost market like Des Moines probably doesn’t care much about helping someone in New York buy a million-dollar apartment, but if he refinances his conventional loan, that’s exactly what he’ll be doing,” Gumbinger said. “He’ll be giving lenders the liquidity they need to rebalance their loan portfolios and compete for jumbo borrowers who typically are the best in terms of credit quality.”

The average 30-year fixed jumbo loan rate was 7.32 percent on Dec. 22, compared with 5.38 percent for a conforming loan, according to BanxQuote of White Plains, New York.

Wide Spread

The difference between the two averaged 2.13 percentage points in December, 10 times the spread from 2000 to 2006 and above last month’s 1.95 percentage points that was the highest on record. If current rates reflected the historical difference of 0.2 percentage points, jumbo borrowers with an $800,000 mortgage would save $913 a month.

Buyers in markets that rely on jumbo loans, such as New York, San Francisco, and Boston, may see rates fall in 2009 because of Federal Reserve Chairman Ben Bernanke’s plan to buy at least $500 billion of securities issued by Fannie Mae and Freddie Mac, said Gumbinger. Fannie Mae and Freddie Mac are the largest buyers of mortgage debt in the U.S.

The Fed’s mortgage-bond buying program, announced Nov. 25, also provides for the purchase of $100 billion in direct debt of Fannie Mae, Freddie Mac and the Federal Home Loan Banks.

Bernanke’s plan adds to previous government actions aimed at lower home-financing costs, including the September seizure of Fannie Mae and Freddie Mac. As part of that takeover, the Treasury announced its own program to buy mortgage-backed securities to bolster the worst housing market in at least 70 years.

Loan Applications Rise

Mortgage applications in the U.S. jumped 48 percent last week as dropping rates promoted a surge in refinancing. The average U.S. conforming rate for a 30-year fixed mortgage this week is 5.14 percent, the lowest in data that go back to 1971, Freddie Mac, the world’s second largest mortgage buyer after rival Fannie Mae, reported today. A year ago the rate was 6.17 percent, the McLean, Virginia-based company said.

The Mortgage Bankers Association’s index of applications to buy a home or refinance a loan rose to 1,245.4, the highest since 2003, from 841.4 a week earlier. The group’s refinancing gauge rose 63 percent and purchases gained 11 percent.

While many homeowners are trying to lower their mortgage payments, buyers remain on the sidelines as prices fall.

The median U.S. home price plunged 13 percent in November from a year earlier, the largest drop on record and likely the biggest decline since the Great Depression of the 1930s, the National Association of Realtors said yesterday in a report.

Home Prices Tumble

Home prices are tumbling as foreclosure-related sales accounted for 45 percent of the month’s transactions, according to the Chicago-based trade group.

“The real elephant in the room is falling house prices,” Glenn Hubbard, former chairman of the Council of Economic Advisers under President George W. Bush who is now dean of the Columbia University Graduate Business School, said in an interview Dec. 22. “We can fix this by lowering mortgage interest rates.”

Declining prices won’t be helped by the Federal Housing Finance Agency’s announcement last month that it will lower the size of so-called expanded conforming mortgages that can be purchased by Fannie Mae and Freddie Mac. Congress authorized raising the conforming limit of $417,000 to as high as $729,750 in about 90 of the nation’s most expensive housing markets in 2008 as a temporary measure to support housing.

Average Rates

The average rate for loans that are above the national cap of $417,000 but within the limit set by Congress is 5.51 percent, compared with 5.20 percent for a standard conforming loan, according to a survey by HSH Associates.

On Jan. 1 that expanded cap drops to $625,500 following the formula set out by July’s Housing and Economic Recovery Act. The law, known as HERA, specified a loan limit of 115 percent of an area’s median home price, rather than the 125 percent limit approved for this year by Congress, said Andrew Leventis, an FHFA economist. The change means more buyers in high-priced areas will have to use jumbo mortgages, he said.

The Fed on Dec. 16 cut its benchmark interest rate target to a range of zero to 0.25 percent and said it will add to the announced $500 billion in mortgage bond purchases as needed.

“Over the next few quarters the Federal Reserve will purchase large quantities of agency debt and mortgage-backed securities to provide support to the mortgage and housing markets, and it stands ready to expand its purchases of agency debt and mortgage-backed securities,” the policy makers said in a statement.

To contact the reporter on this story: Kathleen M. Howley in Boston at kmhowley@bloomberg.net.

Last Updated: December 24, 2008 15:22 EST

source:
http://www.bloomberg.com/apps/news?pid=20601087&sid=aRAdEz_u_fR4&refer=home

Dec 23, 2008

Sudden Upsurge in Demand for Mortgages May Not Be Met With Supply

Mortgage applications are up sharply as homeowners try to take advantage of low 30 year fixed rates. But tighter lending standards means that a fair number will be disappointed.

Moreover, the surge in mortgage applications is for refinances rather than new home purchases. And while refis will indirectly help the economy by increasing consumer discretionary income, the newly low mortgage rates do not yet appear to be stabilizing the housing market.

From the Financial Times:
Applications for home loans more than doubled in the two weeks after the Federal Reserve said it would buy mortgage bonds to help stabilise the market, prompting mortgage rates to fall by more than three-quarters of a percentage point.

With average rates for a 30-year, fixed-rate mortgage now at about 5.2 per cent, growing numbers of borrowers have an incentive to refinance to bring down their mortgage costs.

But tighter underwriting standards for prospective borrowers, combined with funding and staffing difficulties for mortgage originators, are likely to restrict the supply of new mortgages.

“The mortgage industry is collectively unprepared to deal with a cascade of business; staffs were pared to the bone as the market for mortgages shrank over the past year,” analysts at HSH Associates wrote in a note to clients.

Mahesh Swaminathan, mortgage analyst at Credit Suisse, said that as a result, lower rates would not necessarily create a wave of mortgage refinancing on the scale that was seen in 2003, when credit markets were healthy.

source:
http://www.nakedcapitalism.com/2008/12/sudden-upsurge-in-demand-for-mortgages.html

Dec 22, 2008

Unfinished subdivisions stuck with underfunded HOAs

When the San Tan Heights Homeowners Association switched from developer control to homeowner-elected leaders in August, its new board members and management company learned that the HOA was practically DOA.

Its problems included nearly $1.6 million in unpaid dues that the previous HOA board in the Queen Creek-area community had made no effort to collect.

The biggest individual delinquencies belong to bankrupt home builders.

Developer abandonment is likely to become a serious issue in the coming year for as many as 200 of the more than 10,000 Arizona communities under HOA control, both opponents and supporters of Arizona's HOA policies say.

Partially completed subdivisions and newer communities more prone to home foreclosures are the ones most likely to suffer, experts say, while well-established HOAs in older neighborhoods may not have any trouble at all.

Homeowners in neighborhoods with underfunded HOAs have seen their association fees increase at the same time amenities and services are being reduced or eliminated.

They fear the worsening conditions will further hurt their property values and quality of life.

San Tan Heights is one of several boom-era subdivisions Valley developers have abandoned before completion during the past year.

Homeowners in some other communities have been unable to wrest control of their association from developers, who usually are among the HOA's principal debtors.

Ricky Doxie, owner of a condominium at Village at Rio Paseo, said that developers Engle Homes and Sunbelt Holdings still control the Goodyear community's destitute HOA despite the demise of their joint development venture, which produced 27 of 144 planned units.

Meanwhile, homeowners in the community have been forced to fend off worsening blight, angry creditors and interruption of essential services, he said.

San Tan Heights HOA board members say the association will go bankrupt in 2009 unless homeowners each agree to pay an extra one-time $750 assessment, which many residents say they can't afford.

The board also accused developer Miller Holdings of tapping the association's reserve fund to pay operating expenses.

However, owner Larry Miller said he simply did whatever he could to pay the HOA's bills while member delinquencies mounted, adding that it would have been a waste of money to go after bankrupt HOA debtors who had no money to give.

Miller said the HOA is suffering because San Tan Heights, like scores of other communities in the Valley, provided homes to entry-level buyers, many working in the construction industry, at or near the housing-market peak.

"Every one of those subdivisions is having the same problems," he said.

Advocates for HOA reform say lawmakers could have prevented problems caused by the housing-market downturn by passing tougher restrictions on what critics describe as a developer-friendly system that often treats homeowner rights like an afterthought.

"Unfortunately, I think we've dug ourselves into a big hole here," said Clint Goodman, Mesa attorney and homeowner advocate.

The HOA age

Homeowners associations have become ubiquitous in recent decades, as local governments have sought to limit the impact of population growth on the demand for municipal services.

Development standards have evolved to the point where developers are required to include large parks and open spaces in each new community - recreational amenities once provided almost exclusively by the public sector.

"Cities like it because they don't have to maintain certain areas," said Goodman, president of the Homeowners Institute.

Fast-growing Arizona cities and towns such as Gilbert require all new residential development to be under HOA control.

Another requirement, which Reed Porter, president of T2 Homes, said has become a challenge, is that the developer must finance and construct those amenities in each new community before selling a single home.

Porter knows firsthand how amenities can become cash-sucking monsters in a half-empty community where the developer has gone out of business.

"Now, there's 500 residents living in a community with amenities for 1,000 residents, and then they see the community start to deteriorate," he said.

Porter, also the former president of bankrupt builder Trend Homes, abandoned one Gilbert subdivision fitting that general description early this year.

Cooley Station North in east Gilbert is one of seven communities Trend Homes was building before filing for Chapter 11 bankruptcy protection in January.

Porter later joined Najafi Cos., a private-equity firm, to start a new company, incorporated as T2 Homes but operating under the Trend Homes name.

Still, T2 is not planning to build or sell any more homes in Cooley Station North and is not liable for the original Trend's unpaid HOA subsidies, Porter said.

Trend built about 280 homes inside the community, which contains 865 subdivided lots.

Nor is the community's principal landowner, Trend Homes' former - also bankrupt - land bank Taro Properties Arizona, responsible for cleaning up the acres of weed-infested vacant land inside Cooley Station, he said.

"The problem is, bankruptcy protects you from all that," Porter said.

His choice of the word "problem" seems less ironic when one learns that Porter served as the board president of the Cooley Station HOA until earlier this month.

That's when Taro agreed to release its nearly 500 mortgaged lots to Bank of America, the jilted lender. BofA will become the community's sole institutional landowner.

It has been an ordeal that required board members to make tough decisions such as closing two of the community's three swimming pools, he said.

Like it or not, Porter said, municipalities will have to change their standards to allow incremental development in the wake of so many failed subdivision projects.

"The developer gets these huge loans to build all these parks and amenities," he said. "I'm sure that the next go-round, banks won't lend on all that stuff up front."

Defeated purpose

Garin Groff, spokesman for the town of Gilbert, said that the reason town officials require developers to complete parks and other amenities in advance is to protect home buyers from the unfulfilled promises of developers.

However, he said Gilbert has been working to accommodate recent requests for more incremental development.

"The town is flexible and will work with developers to phase certain elements," Groff said.

He added that residents of Cooley Station can file complaints with the code-enforcement department in Gilbert about the weeds, which some residents believe are a fire hazard in addition to being unsightly.

The town's enforcement staff will contact the landowner, in most cases a bank, to pressure for a cleanup of the area, Groff said.

Porter said bank repossession of developer land is usually beneficial to struggling HOAs, because banks generally resume payment of fees and clean up vacant land to prepare it for resale.

In the meantime, some communities have formed homeowner cleanup crews to tackle vegetation, trash and construction debris on developer- or bank-owned vacant lots. Groff said, though, residents should obtain permission from landowners so they don't risk being accused of trespassing.

Doxie said he and his neighbors confronted a similar problem earlier this year, when tumbleweeds took over the vacant lots in Rio Paseo.

They had a lawyer send letters to the HOA demanding removal of the weeds, which were cleared out soon afterward.

In general, Rio Paseo residents have learned by experience to take an active approach to dealing with problems in the mostly empty community.

At one point, a landscaping contractor who claimed he was owed money by the developer-controlled HOA had his attorney get liens placed on every homeowner's property.

On another occasion, residents received notice that the community's water service, paid through their $165-a-month association fee, was scheduled to be shut off the next day for non-payment.

By getting involved, the homeowners were able to get the liens removed and keep the water running, Doxie said.

Still, he said that some HOA services have been eliminated without input from homeowners and that the association has not provided any update about its financial situation since a year ago.

"Nobody has contacted us to this day with any information about what is happening here," Doxie said.

Richard LaPorta is board treasurer of the San Tan Heights HOA. He said the community's previous HOA board had a policy of limiting homeowner access to financial information, forbidding residents to copy any documents or remove them from the management office.

Goodman said such policies are commonplace but illegal.

"I sue homeowners associations all the time because they don't disclose financial records," he said.

Lack of accountability and a widespread lack of interest in tougher HOA laws have turned associations that could benefit both home builder and homeowner into "a setup that's ripe for fraud" and financial shenanigans, Goodman said.

"It seems like the main purpose of HOAs has backfired," he said.

source:

http://www.azcentral.com/realestate/articles/2008/12/21/20081221biz-homeowners1221.html


Dec 17, 2008

A refinancing rush as interest rates come down

Tony Jabon had an e-mail in to his mortgage broker by 10 a.m.

The 35-year-old environmental consultant in Charlotte, N.C., had heard about the Federal Reserve's decision to cut its key interest rate to nearly zero and wanted to refinance to something lower than 5.5 percent.

Within hours, he had locked in a rate of about 4.6 percent. He'll save about $160 on his monthly payment. "Any time you can save a dollar," he said, "why not?"

Homeowners across the country did the same Wednesday. Mortgage brokers reported a surge of calls from borrowers seeking to take advantage of the Fed's extraordinary decision. Some brokers were quoting mortgage rates of close to 4.5 percent for people with strong credit and hefty down payments.

The national average rate on 30-year, fixed mortgages was 5.06 percent on Wednesday, according to financial publisher HSH Associates — the lowest since the 1960s and down from 5.3 percent Tuesday.

"This is beautiful, oh my gosh!" said Patti Mazzara, a mortgage broker in the Minneapolis suburb of Edina, who was surprised when she looked up rates and found them well below 5 percent, down at least three-quarters of a percentage point from earlier in the week. "This is a whole new game now. Hopefully it's going to give people some relief."

The Fed, aiming to free up lending and jolt the economy back to life, cut the federal funds rate Tuesday from 1 percent to a target range of zero to 0.25 percent and pledged to keep funneling money into the market for mortgage investments.

It was the best news in months for anyone looking to lock in a 30-year, fixed-rate mortgage. But it was not expected to be a cure-all, and borrowers already in danger of foreclosure probably won't be able to take advantage.

"It's a call to action for homeowners looking to get out of adjustable-rate mortgages," said Greg McBride, senior financial analyst at Bankrate.com. "Unfortunately, it's not an equal-opportunity party."

Even Wall Street, which pushed the Dow industrials up 360 points after the Fed announcement Tuesday, tempered its enthusiasm on Wednesday. The Dow finished down about 100 points.

An estimated 12 million Americans owe more on their home loans than their houses' current value, unemployment is still rising quickly, and foreclosures are soaring.

For people whose home values have plunged, "I could have a 1 percent interest rate, but it wouldn't help them," said Michael Maynard, a mortgage broker in Branford, Conn.

"People losing their homes aren't losing their homes because they can't get a 6 percent mortgage," Maynard said. "They're not qualifying at all."

In Charlotte, Jabon's mortgage broker, Will Mullinix, said that while rates that low are "pretty unprecedented," the best deals are available only to borrowers with pristine credit who are taking out loans for under 80 percent of their house's current value.

"All the stars have to align," Mullinix said.

And economists expect falling rates to provide only a modest boost to home sales, especially as unemployment worsens amid what could be the longest economic downturn since the Great Depression.

"People tend to be more inclined to buy a house when they're confident about their employment and income prospects," said Wachovia Corp. economist Mark Vitner.

Besides lowering the interest on fixed-rate mortgages, rates should come down on adjustable-rate home equity loans. Those are tied to the prime rate, and prime rates came down immediately after the Fed move Tuesday.

The Federal Reserve also plans to buy up mortgage debt and is considering buying long-term Treasury bonds that are closely tied to mortgage rates, so analysts expect rates to drop even further.

"We're going to see just a massive refinancing boom," said Mark Zandi, chief economist at Moody's Economy.com, who estimates that up to 10 million U.S. borrowers, or about one in five Americans with a mortgage, could wind up refinancing.

Senate Majority Leader Harry Reid said Wednesday that some of the $700 billion financial bailout should spent to aid borrowers in danger of losing their homes.

"We've given enough big checks to these banks. Let's do something to help foreclosures," he said in a conference call with reporters.

President-elect Barack Obama's advisers were weighing an economic recovery plan that could cost as much as $1 trillion over two years. The figure is far bigger than the $600 billion that Obama's team initially envisioned.

Mortgage applications rose about 3 percent last week, but are still below highs for the year reached in early February, the last time rates were attractive enough to cause refinancings to surge.

For homeowners who haven't been able to sell their houses, the lower rates represent an opportunity to at least save some money. And if they have enough equity in their homes, they can still pull out money to make improvements — albeit at a higher interest rate.

Lisa Wallwork, 37, and her husband, Shawn, are in the process of refinancing the mortgage on the house they've owned for five years in Tolland, Conn. They pulled it off the market in September after their house didn't sell for more than a year.

"We wanted to move up to a bigger and better house," she said.

Instead, the couple are refinancing their $185,000 mortgage, pulling out equity to remodel their kitchen and getting a new front door. And they still expect to save up to $300 a month in the process.

Associated Press Writers Joshua Freed, Christopher S. Rugaber, Stephen Singer and Erica Werner contributed to this report.

link:

http://www.google.com/hostednews/ap/article/ALeqM5ioHc80xKMiATnqCpK0cDKJzk_nPQD954OPGO0


IRS to help homeowners refinance or sell homes


WASHINGTON – The Internal Revenue Service said Tuesday it will try to make it easier for homeowners in financial straits to refinance or sell their homes.

The plan announced by IRS Commissioner Doug Shulman would speed up a process where financially distressed homeowners may request that a federal tax lien be made secondary to liens by the lending institution that is refinancing or restructuring a loan.

Taxpayers will also be able to ask the IRS to discharge, or remove, its claim to a property in certain circumstances where the property is being sold for less than the amount of the mortgage lien.

"We need to ensure that we balance our responsibility to enforce the law with the economic realities facing many American citizens today," Shulman said, stressing that "we don't want the IRS to be a barrier to people saving or selling their homes."

He said the program will focus on those people who ordinarily pay their taxes in full but "because of these extraordinary times are getting behind in their tax payments."

A tax lien occurs when the government makes a legal claim to property as security or payment for a tax debt. The government thus notifies other creditors that it has a claim on the property.

The IRS can rule that its lien will be secondary to another lien, such as that of a lending institution, if it determines that taking a subordinate position will ultimately help with the collection of the tax debt. Taxpayers or their representatives may apply for a "subordination" of a tax lien if they are refinancing or restructuring their mortgage.

Lending institutions generally want their lien to have priority on the home being used as collateral.

Taxpayers may also request a certificate of discharge if they are giving up ownership of the property at an amount less than the mortgage lien if the mortgage lien is senior to the tax lien. A discharge does not relieve a person of the tax that is owed, but it does remove the lien on a particular property such as a home. The IRS would still maintain its lien on other possessions of the taxpayer.

Normally it takes about 30 days to rule on a request for a discharge or subordination of a tax lien, but Shulman said the IRS will work to speed up that process so there would be no delays for people trying to obtain new mortgage loans. The IRS urged people to contact the agency's Collection Advisory Group early in the home sale or refinancing process.

The agency said it issues more than 600,000 federal tax lien notices annually and that currently there are more than 1 million outstanding tax liens tied to both real and personal property.

link:

http://news.yahoo.com/s/ap/20081216/ap_on_go_ca_st_pe/irs_homeowners?ref=patrick.net

Internal Revenue Service: http://www.irs.gov

What to do with an inherited condo in South Florida


Nancy Phillips was left with two West Palm Beach condominiums when her mother passed away in early November.

The pain of losing her was tough enough, said Phillips, who lives in Poughkeepsie, N.Y. But the real estate decisions she faces now are wrenching as well.

"I don't know what to do, to be honest," she said.

In what is the worst market in years, those who inherit condos have a few tough choices: Decline the gift, sell at rock bottom prices, try to rent (if condo documents allow it) or be prepared to pay thousands for property taxes, assessments, maybe even a mortgage.

Daniel Vasquez Daniel Vasquez

There is no one-size-fits-all answer, says Matthew Zifrony, an attorney with Tripp Scott, a Fort Lauderdale-based firm that represents more than 70 condo and homeowner associations. First figure out if you want to keep it and whether you can afford it.

If you decide to sell or rent, Zifrony recommends upgrading kitchens and bathrooms to be competitive in this high-inventory market.

"Improve the overall look," he said.

If you go the rental route, make sure to follow all association rules (some require background checks of renters) and clear your actions beforehand with the board. You should also check local listings or talk to a real estate agent about the going rates.

Phillips inherited two units at Century Village Condominiums, including one purchased last year.

It has a $40,000 mortgage and $15,000 in upgrades. Still, "our agent said we should put it on the market for $35,000, but not to expect to get it," Phillips said.

It will cost her about $9,000 a year to keep both units and fees could go up. A lot of condo communities are increasing fees to make up for cash-strapped owners who don't pay and revenue lost to members in foreclosure.

"And my mother also had a homestead exemption for her property taxes. I won't have that," she said.

Joan Sacco-Chalfant is also having to make tough financial choices.

Her husband of six weeks died unexpectedly of heart failure in July. Now she has two units at Oakland Shores Condominiums in Oakland Park on her hands. She already owned a two-bedroom apartment across the hall from the one she shared with her husband.

"If I tried to sell [his unit], it could sit on the market for a year or two and I would still end up having to pay all the fees," said Sacco-Chalfant, a retiree on a fixed income. "I figure it's smarter to hold onto to it. But there's no way I can without being able to rent one of them."

Initially, her association board did not want to allow it. "But they recently ended up working it out with me and I'm very happy about that," Sacco-Chalfant said.

When associations make it easier for unit owners to rent, they help keep a unit off the market that is likely to sell low.

"Most of the time when someone passes away and the condo goes to a family member, they don't want to keep it and just sell it off fast," said Stanley Siegel, president of the umbrella association for Century Village Condominiums in Boca Raton. "In plain English, they just dump it."

"It doesn't hurt the association" when condos go for relatively cheap prices, he said. "But it may be a burden on those who also want to eventually sell."

Zifrony said it's important for heirs to study all options, especially if there is a mortgage on the unit.

"It can be very expensive for someone to inherit a property in this economy," he said. "If the mortgage exceeds the value of the condo, you probably wouldn't want to accept title."

You can decline the inheritance as long as your name is not on the deed and you are not named in what is called a "life estate deed," which automatically transfers title upon death of the original owner, he said.

If you plan to leave someone property, it's best to set things up in writing, advises Karen Alexander, a probate attorney based in Palm Beach County.

If an heir must go through probate court, it could easily take three to six months.

"It's always easier if you use a will," Alexander said. She said some people add a name to their deed before their death. "This is a faster way to transfer a deed after a death, but it can open up a can of worms, too."

She said about two months ago a client had to show up to the closing with a bank check for the buyer worth more than $10,000.

"She wasn't even sad," Alexander said. "She was happy not to have to pay for it anymore and to cut her losses."

Daniel Vasquez can be reached at condocolumn@sunsentinel.com or at 954-356-4219 ( Broward County) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and online at www.sunsentinel.com/condos. You can also read his consumer column every Monday in Your Money and online at www.sunsentinel.com/vasquez.


source: sun sentinal

link:

http://www.sun-sentinel.com/business/custom/consumer/sfl-flbcondocol1217sbdec17,0,3785357.column




Dec 10, 2008

Title attorney latest charged in mortgage scam

A Boca Raton title attorney has been charged with one count of mail fraud after selling a home to a player in a wide-ranging real estate scam that involved dozens of properties in Palm Beach County.

Marni Belkin, an attorney who ran Fortune Title Services in Boca Raton, was charged Nov. 21 with using a bogus loan application to sell a home in suburban Lake Worth to convicted scammer Ralph Michel in 2006. See the charge here.

Belkin closed at least 20 transactions in 2006 and 2007 involving Berry Louidort, Michel, their associates and straw buyers the pair recruited, according to property records.

When mortgage broker Lauren Jasky was sentenced today for her role in the scam, a friend of the Jasky family spoke to the judge and blamed Belkin for Jasky’s involvement in the scam.

“She was introduced to the bad guys by an attorney she trusted, Marni Belkin,” said the family friend, Michael Sonsini.

The fraud ring duped Belkin, her attorney, Marc Nurik, told me in May.

“The title company in this case did not do anything wrong and was not part of the criminal fraud,” he said, adding that Belkin and her employees had no reason to question the deals. In fact, the scam was sophisticated enough that sham borrowers appeared to have hefty bank accounts at Bank of America and six-figure incomes from a Delray Beach insurance agency, federal investigators said.

source: palmbeachpost.com

link to the original post:
http://www.palmbeachpost.com/blogs/content/shared-blogs/palmbeach/realestate/entries/2008/12/04/title_attorney_latest_charged.html#comments



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Locals pour more and more of their income into mortgages

Palm Beach Post Staff Writers

Monday, December 08, 2008

The golden rule of not spending more than 25 percent of your income on housing no longer applied for nearly four of every 10 mortgage holders in Palm Beach County in 2007, Census figures show.

That number probably is higher now and likely to grow even more before getting smaller, housing analysts say.

"With the amount of new foreclosures, high unemployment, in addition to historically high amount of inventory means we're seeing more households spending a larger portion of income toward housing expenses," said housing analyst Jack McCabe, of McCabe Research Consulting in Deerfield Beach. "Unfortunately that's going to hold true, and we'll probably see those rates increase by the end of next year."

Survey data released Monday by the U.S. Census Bureau shows that more than 25 percent of Palm Beach County residents spent at least 35 percent of their household income on housing costs in 2007, up from 24 percent in 1999.

The growth in the number of people spending more than 35 percent of their income on their mortgage, property taxes, insurance and utilities was even greater in local cities: from 21.1 percent in 1999 to 30.7 percent in 2007 in Wellington, from 20 percent to 32.9 percent in Royal Palm Beach and from 22.8 percent to 33.8 percent in Port St. Lucie.

That's largely because home values were skyrocketing between 2000 and 2007.

In Wellington, more than 32 percent of homes were valued over $500,000, up from 3.6 percent in 2000. In Jupiter the percentage was 25.6 percent, up from 6.4 percent in 2000, according to the Census data.

Before the real estate bust, incomes were rising about 3 percent while the cost of living was going up 25 percent to 30 percent, said Bill Davis, mortgage banker for Private Funding Specialists.

"That was one of the things led to the crash," Davis said.

McCabe says the percentage of mortgage holders paying more than 35 percent of their income for housing has probably grown since 2007 because the unemployment rate in Florida rose from 4.2 percent two years ago to 6.7 percent this year, and he expects it to rise to more than 10 percent in 2009 before improving in 2010.

He also anticipates 3 million foreclosures on a national level in 2009, up from about 2 million this year.

McCabe expects it to start trending back toward the 2000 percentages in the beginning of the next decade.

"In 2010, we'll see the effects of lower housing prices and hopefully lower taxes because house values have dropped, and correlatively you'll have lower insurance cost," McCabe said. "Then you should see the rate in 2011 come down."

But for now, while home values and mortgage rates drop, even those who can afford to buy homes are cautious about committing themselves.

"What's happened in the last three months, is that even though people can afford, they're so fearful of the future that they postpone that decision to purchase for several months, maybe even a year, and see which way the economy is going," Davis said.

source: palmbeachpost.com

link to the original post:
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/12/08/a1b_census_1209.html



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Dec 9, 2008

Majority of Modified Loans Fail Again, Regulator Says (Update3)

By Alison Vekshin

Dec. 8 (Bloomberg) -- Most U.S. mortgages modified in a voluntary effort to keep struggling borrowers in their homes and stem foreclosures fell back into delinquency within six months, the chief regulator of national banks said.

Almost 53 percent of borrowers whose loans were modified in the first quarter were more than 30 days overdue by the third quarter, John Dugan, head of the Treasury Department’s Office of the Comptroller of the Currency, said today at a housing conference in Washington.

“The results, I confess, were somewhat surprising, and I say that not in a good way,” Dugan said, citing a third-quarter survey his agency plans to release next week.

Lenders and loan-servicing companies have been modifying mortgages by lowering interest rates or creating repayment plans through the voluntary Hope Now Alliance. The group, which includes Citigroup Inc., JPMorgan Chase & Co. and Bank of America Corp., said last month it helped 225,000 borrowers keep their homes in October.

Foreclosures rose to a record in the third quarter as one in 10 U.S. homeowners fell behind on payments or were in foreclosure, the Mortgage Bankers Association said last week.

“Our third-quarter report will show many of the same disturbing trends as other recent mortgage reports,” Dugan said. “Credit quality continued to decline across the board, with delinquencies increasing for subprime, Alt-A and prime mortgages.”

The OCC’s survey represents institutions that service more than 60 percent of all first mortgages, or 35 million loans worth $6 trillion, Dugan said.

‘More Questions’

The data “raises more questions than answers because it fails to define, in any meaningful way, the modifications that have re-defaulted,” Federal Deposit Insurance Corp. Chairman Sheila Bair said in a statement.

The lack of detail makes it tough to distinguish “re- default rates of sustainable modifications versus cosmetic modifications that by their nature are more likely to re- default,” said Bair, who has proposed using $24 billion from the U.S. Treasury’s $700 billion financial-rescue package to modify 1.5 million mortgages through the end of 2009.

Dugan’s figures reflect a failed focus on interest rates in loan modifications, House Financial Services Committee Chairman Barney Frank said today in a Bloomberg Television interview. If companies were to cut the amount owed on mortgages, borrowers would be less likely to default again, Frank said.

“The people who made the bad loans or bought the bad loans from others need to realize” that they would be better off with principal reductions than with foreclosure, the Massachusetts Democrat said.

Foreclosure ‘Timeout’

New Jersey Governor Jon Corzine, speaking at the conference earlier today, urged a three- to six-month “timeout” on foreclosures, saying keeping people in their homes is necessary to correct a “deeply troubled” market.

“Housing markets and mortgage-finance markets are the fuel for this problem,” said Corzine, a Democrat and former chairman of Goldman Sachs Group Inc. “We need a systematic protocol and process.”

John Reich, director of the Office of Thrift Supervision, questioned whether the federal government should be more involved in foreclosure prevention.

“I do have a concern of allocating government resources with such a high rate of re-default,” said Reich, whose agency sponsored today’s National Housing conference

source: bloomberg.com

link to the original post:
http://www.bloomberg.com/apps/news?pid=20601087&sid=aZfUsedWrv5o&refer=home


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Dec 7, 2008

Lower mortgage rates no silver bullet

The government is weighing plans to drive rates as low as 4.5%. But experts say that won't be enough to stabilize the housing market.



By Tami Luhby, CNNMoney.com senior writer

NEW YORK (CNNMoney.com) -- Reducing mortgage rates to a historically low 4.5% may entice some homebuyers out of the shadows, but it won't be enough to really spur housing sales, experts said.

Only a week after the Federal Reserve unveiled a $600 billion plan to reduce mortgage rates, the Treasury Department is considering adding to the effort to lower rates even more. Both moves are intended to get more buyers into the market in hopes of stabilizing home prices and reviving the economy.

While Treasury officials are keeping mum about the latest proposal, lobbyists said Thursday it is aimed at reducing rates to 4.5% only for people buying homes. Those looking to refinance would not qualify.

There's no doubt, experts say, that the government needs to provide incentives to homebuyers.

Until now, all efforts were focused on addressing the record number of mortgage delinquencies. This should remain the priority, experts say, but it should be coupled with increasing demand for homes.

Adjusting mortgage rates, however, will only go so far in getting prospective home buyers into the market, experts said. Potential buyers remain spooked by falling home prices and rising unemployment. And even those who want to buy cannot find loans with reasonable downpayments and terms.

"The problem is not interest rates," said Kenneth Rosen, chair of the Fisher Center for Real Estate at University of California, Berkeley. "It's the availability of credit."

And, of course, there's still the issue of stemming foreclosures. The Bush administration has been loathe to mandate widespread loan modifications. Instead, it is opting to chip away at the problem by adjusting loans held by Fannie Mae and Freddie Mac and by asking banks to expand their programs.

But even federal officials acknowledge the economy won't recover until the tidal wave of foreclosures ends. Federal Reserve Chairman Ben Bernanke Thursday said the government must do more to help struggling homeowners, possibly by buying delinquent mortgages and refinancing them to more affordable terms.

Treasury plan in the works

Lobbyists are ratcheting up pressure on federal officials to do more to entice homebuyers into the market. Various proposals have been floated, but lowering mortgage rates is among the more popular.

One of the more vocal industry groups, the National Association of Realtors, met with top Treasury officials last month to outline a plan to stabilize home prices through lower mortgage rates.

While details remain sketchy, its proposal calls for Treasury to subsidize rates so home buyers pay 4.5% for a 30-year fixed-rate mortgage. It would be similar to a homebuyer paying points -- a percentage of a home's value -- in return for a lower rate, but the government would foot the bill.

The plan would cost $50 billion, said Lawrence Yun, the group's chief economist.

Lowering rates to 4.5% -- about a percentage point below today's rate -- would spur 500,000 home sales over the next year, he said. That would put a big dent in the supply of 4.6 million homes on the market. Right now, there is a 10-month supply of homes for sale, three to four months more than in normal conditions.

A 4.5% mortgage rate would prompt many people to buy, even if they fear home prices will continue to fall and the economy to weaken, he said. Rates have not fallen below 5.37% for 45 years.

A wave of purchases should stabilize home values, which, in turn, will help the economy to turn around.

Last week's announcement by the Fed, which prompted a half-percentage point drop in rates, sent homebuyers' mortgage applications up 37.4%, according to the Mortgage Bankers Association.

"We need to do something to counter that pessimism," Yun said. "Doing nothing will exacerbate the problem."

Lowering rates is among several options the Treasury Department is considering. An announcement could come as early as next week.

More needs to be done

Experts, however, questioned whether buyers would take advantage of lower rates. They criticized government officials for taking a piecemeal approach -- with narrow programs unveiled every week -- rather than coming up with a comprehensive plan to stabilize the housing market.

"I don't think they are thinking through what they are doing," Rosen said.

What's keeping many homebuyers out of the market are stringent lending standards, not interest rates, experts said. As long as credit remains tight and many banks require 20% downpayments, many buyers will remain on the sidelines.

Instead, banks should make mortgages available with a 5% or 10% downpayment, Rosen said. And while he doesn't advocate a return to the "mirror standard" (when borrowers could get money if they simply could fog a mirror), banks should allow more people to qualify for fixed-rate mortgages if they show sufficient income.

The government could also provide more incentives to homebuyers. Instituting a federal tax credit at closing to help cover costs would appeal to many purchasers, said James Gaines, research economist with the Real Estate Center at Texas A&M University. A $7,500 credit approved by Congress this summer -- which is really a loan since it must be paid back -- isn't working.

"It hasn't done any good," Gaines said. "Make it a real credit for home purchases."

Another option is to provide incentives for investors to buy properties and turn them into rentals, he said. This could be done with various tax incentives, such as eliminating capital gains tax on homes owned for more than five years.

Other experts said a mortgage-rate reduction could work, but only if it were done on a temporary basis. That would prompt people to take advantage of the lower rates while they last, said Edward Leamer, director of the UCLA Anderson Forecast, a quarterly economic review.

As the economy continues to weaken, however, some economists say the answer to the housing crisis lies in stabilizing the job market. As more people lose their incomes, more fall behind in their mortgages and lose their homes. This trend will accelerate the number of foreclosures and keep prices in a downward spiral.

If people fear for their jobs, or even worse, have no job, they will not make big-ticket purchases like a home, said Christian Menegatti, lead analyst for economic research firm RGE Monitor. That's why the government should consider an economic stimulus package that will help keep both home values and employment from declining.

"Potential homebuyers may not be in the condition to buy a home no matter what because of a job loss or a drop in income," he said.

source: cnn.com

link to the original post:
http://money.cnn.com/2008/12/04/news/economy/low_mortgage_rates/index.htm?postversion=2008120512


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Oregon Governor Seeks Mandatory Efficiency Audits for Home Sales

By Libby Tucker

Ted KulongoskiAll homes and commercial properties being sold in Oregon would be required to have an energy efficiency score under a new proposal. (Photo: Associated Press)

Potential home sellers determined to ride out the sputtering housing market would do well to invest in efficiency upgrades while they wait — particularly if a new real estate mandate under consideration on the West Coast is a sign of what’s to come.

Oregon’s governor, Ted Kulongoski, wants to require any owner selling or renting a home or commercial building in the state to obtain a certificate disclosing the property’s energy use and greenhouse gas emissions. The mandate, part of his climate change agenda for 2009, would take effect in 2011 for new and existing homes and in 2012 for commercial buildings.

“With escalating energy prices, a homeowner or small business person has a right to know the energy performance of a home or building they invest in,” reads a draft of the bill provided by the governor’s office. Mr. Kulongoski said he plans to submit it to the Oregon legislature in January.

The certificates could prove both a selling point for owners of energy-efficient buildings and a boon to homebuyers by providing a basis for lower mortgage and insurance rates tied to efficiency.

But they could also become an encumbrance to owners trying to sell old or drafty homes, for whom a low rating could look like a defect.

The bill is likely to face some resistance from the Oregon Home Builders Association and the Oregon Realtors Association. The industry lobbies generally support a voluntary program, but are opposed to a state mandate.

Ted KulongoskiGov. Ted Kulongoski says every Oregon home buyer has the right to know the energy efficiency of a prospective purchase. (Photo: Bloomberg)

Jon Chandler, chief executive of the Oregon Homebuilders Association called mandatory certificates “silly.”

“It’s an educational tool,” Mr. Chandler said. “It doesn’t do anything for energy efficiency one way or another.” Nonetheless, he added, “We’re gearing up for the mandate. We’d like to position ourselves to do the contracting work.”

The proposed bill directs the Oregon Department of Energy to design a home energy rating system, similar to the miles-per-gallon rating on cars.

The basis for such a system might well come from Earth Advantage, a nonprofit sustainable building organization based in Portland. That group has already developed a national certification program for new construction, and it has been working on an efficiency rating program modeled after one in Great Britain, which began requiring certificates for all residential real estate transactions nationwide on Oct. 1.

The Energy Trust of Oregon, an independent nonprofit group created by the Oregon Public Utility Commission and charged with “encouraging energy market transformation” in the state, according to its Web site, is using the Earth Advantage rating system in a pilot project involving 200 Portland homes. The aim is to find the fastest and cheapest way of performing energy audits and issuing certificates for homeowners.

Testing ends this month and the Energy Trust says it will report the results early next year.

“Hopefully this program will serve as a model for the state and the country,” said Kendall Youngblood, a residential sector manager for the Energy Trust. “We’re designing it as an education piece for the homeowner, so they start to understand homes are associated with carbon emissions.”

Other states, including California and Minnesota already have similar voluntary certification programs that use the U.S. Department of Energy and Environmental Protection Agency Home Energy Rating System. Homes are scored between 0 and 100 on an index relative to a model Energy Star home.

The Earth Advantage program would go a few steps further, providing bars that depict a home’s actual energy use, utility costs and carbon dioxide emissions.

source: nytimes.com


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http://greeninc.blogs.nytimes.com/2008/12/05/oregon-governor-seeks-mandatory-efficiency-audits-for-home-sales/#more-651


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Dec 5, 2008

Miami-Dade makes lenders maintain vacant foreclosures

Miami-Dade passed new local laws this week to rein in rot on abandoned homes and protect buyers.


  Realtor Hagen Hendrix with Avatar Real Estate Services at a home at 7820 SW 57th Ct. in South Miami. Hendrix used to sell real estate in the boom. He is supporting an ordinance that requires lenders to start maintaining homes before the foreclosure process is complete.
Realtor Hagen Hendrix with Avatar Real Estate Services at a home at 7820 SW 57th Ct. in South Miami. Hendrix used to sell real estate in the boom. He is supporting an ordinance that requires lenders to start maintaining homes before the foreclosure process is complete.
AL DIAZ / MIAMI HERALD

mhatcher@MiamiHerald.com

Hagen Hendrix never thought selling homes would require him to pack heat.

But the real estate agent now brings a pistol when he visits the foreclosures he is trying to sell for banks, in case he runs into ne'er-do-wells squatting in the long-vacant homes.

Job safety is one reason Hendrix supports Miami-Dade County's plan to require lenders to start maintaining vacant homes before they have finished foreclosing. Another ordinance requires lenders to provide buyers with a full report of building and zoning defects. The laws, passed Tuesday, are the latest endeavor by local governments to prevent blighted properties from dragging down home values.

Other real estate agents believe the extra measures -- which only pertain to homes in unincorporated Miami-Dade -- will add headaches and slow the selling of bank-owned homes.

Typically, foreclosures are sold ''as is,'' with limited or no inspections. The new law requires a building and zoning inspection by the county that would uncover defects or code violations. Inspection reports must include estimates of repair costs and be recorded with the county clerk where the public can review them.

''There's nothing wrong [with `as is']. People aren't lying to you,'' said Alex Doce, president of Miami-based Baron Mortgage. ``When you go to an auction, there's a reason why you're getting such a great bargain.''

In addition to slowing down the already complex foreclosure process, requiring lenders to maintain homes before they actually own them could expose them and their representatives to legal liabilities, lenders and agents say.

Commissioners, though, fear that as interest in buying bank-owned homes grows, naive bargain hunters may end up getting stuck in money pits. Foreclosures are often stripped of wiring, appliances and fixtures, if not by homeowners then by burglars.

The moves by Miami-Dade reflect the ongoing efforts of cities throughout South Florida to govern the way banks sell the growing number of homes they take back from borrowers.

Lenders owned nearly 21,000 homes in Miami-Dade and Broward at the end of October, according to data firm RealtyTrac. Tens of thousands more are in some stage of foreclosure and vacant. According to Coral Gables-based realty firm EWM, about 30 percent of all homes listed for sale are in foreclosure or bank-owned.

In Florida, it can take up to a year before a lender gets title to a property through foreclosure. But most homeowners move out before then, leaving the home empty and untended for months. That leaves local governments struggling to pick up the slack, spending scarce resources to mow laws and clean pools.

''The problem is going to become more and more exacerbated,'' said Commissioner Barbara Jordan, whose district covers Miami Gardens and Opa-locka, which have some of Miami-Dade's highest foreclosure rates.

But the new laws may make the problem worse, says Doug DeWitt, a local real estate agent who also manages foreclosures for lenders. 'I believe if my asset managers were told you need this and that . . . they would say, `Just put this file to the side of your desk and we'll talk about it later.' And six months would go by and neighborhoods would suffer,'' DeWitt said.

DeWitt also said it did little good to have such ordinances in only unincorporated areas, and that a concerted effort among cities was needed to make a difference.

Several cities, including North Miami and Hialeah, already have more stringent rules mandating that houses are fully livable before they can change hands, meaning working utilities, bathrooms and a kitchen -- a major obstacle given the condition of many foreclosures.

Hendrix said he nearly lost a deal on a North Miami home because the buyer's agent had not secured an inspection, delaying the closing.

''In one to two weeks, interest rates could have changed, the process on financing can have to start over,'' Hendrix said. Hialeah officials said they were trying to be flexible with lenders and agents and were expediting inspections.

Cities in Broward are taking similar steps. Over the summer, Coral Springs began requiring lenders to register properties with the city as soon as they filed a foreclosure so that code enforcement officers could alert them when problems arose. There are about 170 properties registered, said Assistant City Manager Erdal Donmez.

As for keeping up homes before misfits strike, few argued against the need to protect the value of a home and its neighbors.

But Jim Angleton, senior vice president of Miami-based Republic Federal Bank, said forcing lenders to maintain homes before they own them was ``foolish.''

''If we haven't received title, we're inheriting someone else's liabilities,'' Angleton said. ``Some borrowers go bankrupt or play stalling games of reinstating the mortgage, then they don't come up with the money.''

A bank representative was once prevented from inspecting a foreclosure on Fisher Island because he could not prove the bank owned the home and was blocked from riding the ferry, Angleton said.


source: miamiherald.com

link to the original post:
http://www.miamiherald.com/business/story/800110.html


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Retiree Havens Turn Younger to Combat the Housing Bust

DEERFIELD BEACH, Fla. -- For Sheldon Behr, buying a condo in Century Village East has meant the chance to live out his retirement years with other older adults who enjoy golf, long walks and comedy nights at the clubhouse. But with the financial crisis deepening and the housing market stalled, a growing number of units at the 55-and-over community are lying vacant.

[Sheldon Behr]

Sheldon Behr

Some residents are now considering the once unthinkable: letting younger people in -- a proposition that has pitted neighbor against neighbor. "We don't want someone to come in and suddenly have a flock of kids," says Mr. Behr, 65 years old, who opposes the move. "That'll destroy our village forever."

At "active adult" developments across the U.S., residents are debating whether to scrap the age restrictions that have helped define their way of life for almost five decades. Proponents of "age desegregation," as it's known in the industry, say opening the doors to people under 55 is the only way their once-idyllic enclaves can stay afloat amid a worsening economic climate.

From Florida to Arizona, condos are sitting idle as potential buyers find themselves stuck, unable to sell their houses and relocate. Residents of one New Jersey 55-plus development are living next to open foundations, with only 32 of 175 planned homes sold. And with retirement accounts hammered by the investment markets' plunge, people living in these communities are falling behind on homeowners' dues and scaling back on clubhouse activities.

But desegregation is nonetheless a hard sell among some residents of these developments, who say the change would ruin the dream they bought into in the first place. An influx of younger residents could also affect relations with surrounding neighborhoods. Municipalities have long favored developments for retirees because they don't require additional services like schools.

"Towns see these people as contributing to the tax base but not costing the community so much," says William Frey, a demographer with the Brookings Institution, a Washington think tank. "But there is a whole host of ancillary services that go with having lots of young children and teenagers. Then, you're talking about a significant increase in municipal expenses."

No one is predicting that age-restricted living will disappear entirely. But the financial downturn could be the tipping point that forces some places to reinvent themselves.

[Graying Nation]

Many of these communities had already been struggling with declining sales as aging baby boomers either postpone retirement or opt to retire elsewhere. Last year, about 1.1 million households could be found in active-adult settings, down from 1.8 million in 2001, according to the National Association of Home Builders. And in a recent survey by AARP, the membership group for older Americans, almost nine in 10 people said they don't want to move at all in retirement; instead, they want to "age in place."

Retirement communities were popularized in the early 1960s by real-estate entrepreneurs like Del Webb, whose Sun City developments promoted the idea of a leisure-filled lifestyle specifically for older adults. In Arizona, California and Florida, retirees lined up to buy one-story villas bordering golf courses.

Usually run by elected boards of homeowners, these communities have spread to the Midwest and Northeast in recent years. They usually offer activities geared toward retirees, feature strict rules about homes' appearances, and have their own security staff and volunteer "posses" to keep an eye out for violations.

Typically, 80% of residents in active-adult communities must be at least 55 years old to meet federal regulations that allow developments to exclude children. (Many neighborhoods have rules requiring one household member to meet the age requirement.) Some enjoy low taxes. Residents of Sun City, a retirement community in Sun City, Ariz., for instance, don't pay city taxes because the development is technically unincorporated. They also pay relatively low school taxes, making their overall tax burden one-half to two-thirds lower than people in nearby towns, according to the Arizona Department of Commerce.

Lower Age Requirement

Last year, residents of the nearby Sun City Grand in Surprise, Ariz., voted to lower their age requirement to 45 from 55 -- though children under age 19 still aren't allowed as permanent residents.

The board of the 9,802-unit development, built in 1996, "felt like it would help our community financially in many areas," says Meda Cates, membership director for the Sun City Grand Community Association. "As people grow older, they stay home more. They don't golf, they don't use the facilities or the restaurants."

The Arizona Republic

NEW NEIGHBORS: The Sun City Grand Dance Club performs at this year's Oktoberfest. The community recently lowered its age requirement.

John Longabaugh, a city councilman who lives in the development, puts it this way: "If everybody's 80, nobody's using the two weight rooms."

Since Sun City Grand relaxed its age restrictions, the community has drawn people like Tom Butler, 48, a kitchen designer, and his wife, Jill, who is 53. The place popped up on their radar a year ago, when Ms. Butler visited her daughter-in-law's grandparents, who live in the community. She says she was "totally charmed by it," and drawn to the "plethora of activities." This fall, the couple bought one of Sun City Grand's "Casita" models, a ranch-style home with a pool and a guest house. "Sometimes, people look at us and say, 'You're not old enough to be here,' " says Ms. Butler. "But we take it as a compliment."

No one tracks the number of active-adult communities that are lowering their age limits or dropping them altogether. But developers and homeowners' associations say it's becoming the strategy-of-last-resort the longer homes sit vacant. Leisure World in Mesa, Ariz., has loosened its age requirements, and the homeowners' association at Arizona Traditions, another development in Surprise, is mulling whether to lower the minimum age to 45. In New Jersey, the age restrictions have been lowered or dropped for at least nine new projects, while an additional 10 planned developments were scrapped altogether, says Jeffrey Otteau, president of Otteau Valuation Group Inc., a real estate market-analysis firm in East Brunswick, N.J.

Dominoes and Leaf Peeping

At the Esplanade in Hudson, Mass., near Boston, people 55 and older can buy two-bedroom condominiums for about $250,000. Movies play on a big-screen TV in the common area on Saturday nights, regular groups play dominoes, and there are leaf-peeping outings to New Hampshire.

But since it broke ground in 2005, only two-thirds of the Esplanade's 140 units have been sold. The company has recouped $20 million of its $32 million in construction costs, says Joanne Foley, the attorney for MP Development LLC, which built the Esplanade. So last March, MP petitioned the town of Hudson to allow it to sell condos there to younger buyers.

Lou Tagliani, a 67-year-old retired physicist, is among the residents who have spoken out against the plan. He and his wife moved into the Esplanade because "we want to live with people our own age and interests," he says. Bringing in younger people "would change the general complexion of the community."

So far, homeowners in Mr. Tagliani's camp are winning: Hudson's town government in September denied the developer's request, saying that changing the rules would be unfair to residents who already had purchased units. In an effort to stave off an appeal by the developer to state officials, residents are hosting open houses and tours for prospective buyers their own age. Ms. Foley says relaxing the rules wouldn't harm the community, but so far, MP has no plans to appeal.

In Century Village, the three-decades-old retirement development in Deerfield Beach, some units are empty because grown children who inherited them can't sell them. Kenneth Barnett, the treasurer for the village management, says often the families don't pay the insurance or the monthly dues, which amount to about $5,000 a year for each unit.

The community is composed of 254 white stucco condominium buildings, nearly all governed by their own board of directors. Those boards are generally allowed to approve sales to people under age 55. Until recently, such sales were almost unheard of. But with two-bedroom condos that would have sold for $120,000 two years ago now as low as $40,000, younger people living in the area are now trying to move in, and are arguing their cases to condo boards.

Martin Cohen, an 88-year-old retired Air Force lieutenant colonel and resident of Century Village, voices common concerns about younger people moving in: "They speed. They use Century Boulevard as a race track," he says. But some buildings have decided they prefer that scenario to empty units.

Roy Landesman, an 89-year-old retired door-hinge salesman from New York, says 10% of the units in his condominium building are vacant. So his building is letting younger families move in; he now has a neighbor in her 20s. Century Village East's Master Management, which maintains the development, including its 16 swimming pools and 765 acres of palm trees and canals, "doesn't like it, but I don't care what they say," Mr. Landesman says.

Donna Capobianco, president of Master Management, says the community is financially viable as it is, and that there are many older retirees who want to move into Century Village, but who are waiting for prices to drop even more.

A 'Natural Way' to Live

Newer retirement communities could go the way of Pine River Village, originally sold as a 55-plus development in Lakewood, N.J. Over the past three years, hundreds of potential buyers had joined the waiting list for Pine River, but by this November, only 32 houses had been sold of the 175 that were planned. The developer, Ralph Zucker, appealed to Pine River's residents a few months ago to agree to let him eliminate age restrictions from the rest of the development, which they did. Now, he is trying to persuade the town to approve the plan.

Lakewood Mayor Raymond Coles says that township officials are sympathetic, but they are trying to sort out whether it's legal to change the zoning because the project is part of a redevelopment zone that specifically called for senior housing.

Residents have spoken up at public meetings in favor of the request. They say they realize that Mr. Zucker can't maintain the development, with its fitness center, indoor pool with a retractable roof, and elaborate landscaping, without monthly dues from more residents. They also worry that unless dozens of houses are built on the vast expanse of cleared land they can see out their windows, their property values could slide; they paid between $350,000 and $700,000 for their houses. Their monthly homeowner's association fees of $260 a month, based on 175 houses, could also climb sharply.

Some are tired of living in a construction zone. Mordechai and Hadassah Goodman moved to Pine River in February after retiring from Chicago to be closer to children and grandchildren. But as the finishing touches were being put on their home, construction in the rest of the community was grinding to a halt. Their manicured lawn borders acres of plowed-up dirt, cinder-block outlines of future homes, and 9-foot-deep foundations on otherwise vacant lots.

"I was out here playing football with one of the grandchildren -- and kicked the ball right into [an open] basement," says Mr. Goodman, a 71-year-old retired math professor.

To ease residents' concerns, Mr. Zucker has agreed to group younger buyers on one side of the village, create separate entrances, and plant shrubbery -- or even build a fence -- in between, if the plan is approved.

Some of Pine River's residents acknowledge that they're having to adjust their expectations for retirement. Mrs. Goodman, 64, says she's now looking forward to having younger neighbors: "It seems like a more natural way to live."

Write to Kelly Greene at kelly.greene@wsj.com and Jennifer Levitz at jennifer.levitz@wsj.com

source: wsj

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