Buying Real Estate “as-is”

The term “as-is” in real estate can be misleading. Basically, if a property is promoted as such, the seller is simply stating that he/she does not intend to be obligated to make any repairs.

In such a transaction, the buyer is typically afforded the opportunity to inspect the property, and then withdraw should the inspection results not be satisfactory.

For information on Destin or Emerald Coast short sales, bank foreclosures and general real estate topics, please visit www.FloridaBrokers.com or email us at smith@realtor.com

Florida Population Still Growing

According to a study by the University of Florida at Gainsville, Florida saw the third-largest numeric increase and the eighth-largest percentage increase in population in the country between 2000 and 2010. That represents an increase of 17.6 percent and brought the state’s total up to 18,801,310.Okaloosa County and City of Destin growth rates mirror that of Florida – Okaloosa County now has a population of more than 196,200; Destin weighs in at 12,300. Of course, the Destin population swells to more than 60,000 during tourist season.

Sunshine, yes … Rain, no

Drought conditions exist over 93 percent of the state of Florida. While rainfall has increased somewhat, it will take many days of rain to benefit the region and help diminish the danger of lightning related fires. Many of the recent wildfires have been blamed on lightning.

 
According to the Florida Drought Monitor, Okaloosa and Walton counties are under extreme drought conditions. This includes Destin, Seaside, Ft. Walton Beach, 30-A, etc.  Locally, there have been no restrictions on water useage. In fact, the forecast calls for above average rainfall in the next 8 – 14 day range!

Housing Affordability Hits New High

According to a report issued by the National Association of Homebuilders and Wells Fargo, housing affordability hit a new record high this year, surpassing the previous high set in fourth-quarter 2010. In fact, it is the highest level recorded in the more than 20 years the index has been in existence.

In a nutshell, this means that nearly 75 percent of the homes sold in the first quarter of 2011 were considered affordable, based on the national median family income of $64,400. To put the significance in perspective, the index had never even hit 70 percent before 2009. 65 percent was rare.

Florida Takes Aim at BP

State economists convening in Tallahassee today will attempt to place a dollar amount on sales tax and other revenue losses attributed to the BP oil spill last year. State and local governments in Florida have received close to $150 million through the Ken Feinberg Gulf Coast Claims Facility so far. According to BP, $1.56 billion has already been paid to federal, state, and local governments in Florida, Texas, Alabama, Mississippi and Louisiana. This number probably includes the tourism marketing  dollars that BP contributed as well.

Towns like Destin will see little if any BP dollars. This is primarily because Destin sees very little return in sales taxes collected here. While Destin contributes approximately 35% of Okaloosa county’s ad valorem taxes and 40% of the sales taxes, very little actually comes back to the city as expenditures are allocated based on the permanent resident population. Destin has a permanent population of 12,300.

In a nutshell, if Destin could be annexed by neighboring Walton County to the east, Okaloosa County’s budget would be would be devastated.

Property insurance companies seeking increases

More than a dozen insurance companies have asked Florida regulators to approve rate increases. Despite five years with no hurricanes, more requests are expected as insurers line up like cattle at the trough. Should rate increases be approved, it would affect inland markets like Tallahassee and Orland as well as the coastal communities like Destin and Rosemary Beach. Former health care CEO Governor Rick Scott is more sympathetic to the insurance industry than was his predecessor Charlie Crist.

For more information on real estate related issues, visit Ed and Terri Smith at http://www.DestinFloridaRealEstate.com

We are buying a short sale in Destin. Why are we required to agree to not re-sell it for 90 days after we close?

Many lenders are requiring that such restrictions be imposed on the sale of their distressed properties to help eliminate mortgage fraud. Some lenders are now requiring a twelve month prohibition on the re-sale of their distressed properties.   
 
According to Freddie Mac’s Fraud Investigation Unit http://www.freddiemac.com/singlefamily/preventfraud/spotlight.html , if you contract to purchase a short sale and re-sell it (have it under contract) for more money prior to taking possession, you have committed mortgage fraud.
 
For information on short sales, bank foreclosures and general real estate topics, please visit http://www.floridabrokers.com   or email Ed and Terri Smith at  smith@realtor.com 

Memorial Day

This weekend, we wish to pause and take time to remember the enormous sacrifices of the many U.S. Veterans who have passed from this life. Men and women who paid the ultimate price for freedom. OUR freedom. This nation owes them a debt that we could never repay. Our thoughts and prayers will be with those family members who have lost loved ones in the service of our nation.  We salute them today, on Memorial Day and always.

News From Washington

Our Congressional leaders have been busy. In response to the national real estate mortgage debacle, Congress is attempting to enact legislation that would increase down payment requirements on most home loans. The proposed Qualified Residential Mortgage (QRM) rules would require among other things a minimum 20 percent down payment on home purchases. Further proposals would increase FHA down payment requirements from 3.5 to 5 percent.
 
The problem with these proposals is that they do not address the root causes of the mortgage debacle that they are intended to counteract. These proposals, if enacted, would only serve to limit home ownership and retard an otherwise promising (albeit slow) recovery.
 
We have seen little if any correlation between down payment requirements and mortgage defaults. Many of today’s defaulting mortgagors had placed large down payments when they purchased. Many who purchased with little or no down payment whatsoever have made their payments on time, every single month.
 
As we said, these new proposals do nothing to address the real problem, which was the lack of reasonable qualification guidelines. The liar (no-income-verification) loans, stated income and option ARMs allowed anyone that could pass the mirror test to obtain a home loan. Congress, always seeking to further their façade of stalwartness, now acts to close the proverbial gate “after all the cows are out”. While we never advocate debt, it is a necessary evil in the national real estate equation. We are hopeful that sanity will ultimately prevail.

If I buy a house at the county foreclosure auction are all the other liens wiped out?

It depends. We have seen quite a number of bad deals resulting from these types of purchases over the years. The county does not warrant the title and certain liens may survive the foreclosure. We have seen cases in which individuals have purchased properties that were foreclosed by the second mortgage holder. They erroneously believed that they then owned the property outright, even though a superior lien existed.

 

You should always consult with an attorney in advance of the foreclosure sale date to help ensure that there are no surprises. Otherwise you could end up being saddled with unexpected liability.