Fannie Mae Tightens Policy

One more reason that a short sale is better than foreclosure … The government-owned mortgage giant Fannie Mae issued the following warning:

“Defaulting borrowers who walk-away and had the capacity to pay or did not complete a workout alternative in good faith will be ineligible for a new Fannie Mae-backed mortgage loan for a period of seven years from the date of foreclosure.”

Prior to this policy change, a foreclosure would render the mortgagor ineligible for 5 years. However, if you complete a short sale instead, the prohibition is a mere 2 years – Approximately the length of time it takes the average consumer to get back on their feet again.

FEMA Flood Insurance Expires Again

The Mensas in Washington (Congress) took their March recess without extending the FEMA flood program which expired March 28. The program was temporarily restored on April 15 and then, due to inaction on the part of Congress, expired again on May 31.
Fortunately, FEMA Flood Insurance policies are assumable. That means that home resales will not likely be affected (in the short term) by this Congressional blunder. It is time to write our Congressmen!

 

BP Oil Spill – A Box Office Flop?

The Gulf of Mexico BP oil spill remains the biggest news story today. The economic impact to our area could be significant, not a result of any environmental impact, but rather the result of a runaway news media, unwilling or unable to curtail its overwhelming obsession with the sensationalization of this event. 

My God, the St. Petersburg Times (who by the way is just left of Karl Marx) ran a story today titled  ”Oil Spill May Be Worse Than Recession”.  An AP story today states that “The Gulf Coast oil spill could eclipse Exxon Valdez”. No wonder tourism is down. I’ll be willing to bet that another today story ”Gulf oil spill: Tar balls found in Florida Keys not from Deepwater Horizon slick” will get little exposure.

OK, I don’t want to waste a lot of time on the drive-by media. The real point is, what can we along the Emerald Coast do about it? 

In a nutshell, we have a situation that may NEVER impact the Emerald Coast. The hysteria so far is not the result of any actual negative impact on the mainland, but rather the fear that it might. No one ever mentions that it may be just as likely to NOT impact us.

The following points may help put things in perspective:

 1.   The Deepwater Horizon is estimated to be spewing an amount of crude that would fill an Olympic swimming pool every three days. After a period of one month, that would equate to what? TEN Olympic size swimming pools? The Gulf of Mexico is HUGE! That is like ten people urinating in an Olympic pool on the 4th of July.  (Apologies for that analogy)

 2.  Back in 1979, Ross Perot’s deep water rig Ixtoc Uno blew out in the south end of the Gulf. It pumped an estimated 140 MILLION GALLONS of crude into the Gulf over a nine month period. Does anyone even remember it?  Did it destroy any ecosystems? Yes, some oil washed up on the South Padre Texas beaches, but it was cleaned up and life got back to normal.  Tourism survived, property values held their own and the ecosystem was not significantly impacted. 

BTW, at the current rate of flow at Deepwater Horizon, it would take until the year 2021 to rival the amount spilled at Ixtoc Uno in the Gulf in 1979!!

 3.  It is estimated that many millions of gallons of crude leech up naturally through the Gulf sea bed every single year. Where does everyone think all that crude  has been going for all these years? On the beaches? Into the estuaries  of Louisiana? Not!

Okay, granted, this is a serious event, and we don’t want more oil in the Gulf  waters, but it is simply not the end of life as we know it on planet Earth. Whatever the impact may be, we will deal with it quickly and then life goes on, much to the chagrin of the many attorneys, environmental scientists, Hazmat specialists, government contractors and news media that are now seeing green. While I just hate to disrupt all these dreams of multi-billion dollar verdicts and lucrative government contracts  that are dancing in their heads, someone out there in the media should at least be willing to consider the very real possibility that this will not manifest into the greatest environmental disaster of all time. 

If this were a Hollywood movie,  I would not invest a dime.  It just may be a  box office flop.

ED AND TERRI SMITH RANKED #5 IN FLORIDA

Broker/Owners Ed and Terri Smith were recognized by RE/MAX International for their ranking as #5 among all residential real estate teams in Florida Y-T-D through April 30, 2010. Long time top producers in the local real estate market, the Smiths closed 92 real estate transaction sides in 2009.  Additionally, the Smiths were ranked  #9 in the state of Florida by RE/MAX International for 2008 and 2009. 
 
The Smiths opened their first RE/MAX office in Destin 20 years ago, April, 1990. They just relocated their office to the old “Cox and Young’ building on Highway 98 in the heart of Destin between McDonald’s and Golden Corral.  “Cox and Young opened in 1973 and was the first recognizable real estate office in Destin” Ed said.  “The visibility is great and the walk-in traffic is excellent. The move was a great decision!”
 

RE/MAX operates 7,000 offices in 80 countries worldwide which is an international presence far greater than any of its competitors. RE/MAX has been honored as the leading real estate franchise for nine of the last ten years by Entrepeneur Magazine.

$8,000 First Time Homebuyer Tax Credit

 
Q: Is there still time to take advantage of the $8,000 first time homebuyer tax credit?  
 
A: Yes there is. The first time homebuyer tax credit was extended last year and now effectively expires on April 30, 2010. However, if you enter into a binding sales agreement before April 30, you may have up until June 30, 2010 to actually close. More details are available at  http://www.federalhousingtaxcredit.com/faq1.php

February Update

The news of the day is the relocation of our office this month. We recently executed an agreement to lease our Main Street building to First Florida Bank. That building is 8,500 square feet and was originally built for specific use as a bank. With the vault, drive-thru lanes, night deposit and fire-proof rooms still intact, it was perfect for a bank that needs to move in a hurry.
 
So, we have moved our office into another building that we own at 725 Harbor Blvd, less than 2 blocks west of our former location. It is just less than 4,000 square feet and is perfectly suited for our use. This building was Destin’s first real estate office back in 1973 and was then called Cox and Young.
 
We are excited about the new location and the increased exposure we will gain from the Highway 98 frontage. We are easy to find — We are situated directly between Golden Corral and McDonald’s!
 
Also of note is the fact that Terri and I are ranked as the number 6 residential team in Florida by RE/MAX for 2009. The December stats will not be released until after the RE/MAX Int’l convention next month, so our final ranking may go up or down a little.
 

The Economic Front

Good news as interest rates continue their downward trend. 30 year fixed rates are now hovering around 4.75%. 5-year ARM’s are around 3.75%.
 
More good news … There are fixed rate jumbo products (stimulus) in the 5.25% range. These are loans that exceed $417,000 but are less than the established limit for the county within which the property is situated. The individual county limits may be viewed at:

 
With even lower interest rates and still declining real estate values nationwide, the housing affordability index is off the charts.

 
So, you would think that with housing affordability at an all time record high, homes should just be flying off the shelves, right?
 
Unfortunately, the credit markets are still tight and mortgage insurance is still non-existent, with the exception of course of government programs such as VA, FHA, and (Freddie Mac) Rural Housing. Consequently, cash buyers are taking advantage of the best deals out there on the market.
 
Condo financing (overall) is still about as tight as a vault door. A few portfolio programs are available and a limited number of investors are offering some end-user funding for certain individual condo units. The mortgage market has improved, but it still has a very long way to go.

The Local Trend
January was the fifth consecutive month of increased sales transaction numbers as compared with last year. As you can see from the reports below, single family, residential lots, condos and townhomes are all up.

 
There was a single $23,519,400 sales transaction for 116 condos at Waterscape on Okaloosa Island that skews the data. It appears to be a partnership buyout, so there is no significant resulting impact on market values.
 

Increased numbers of distress sales are expected, but 2010 should see continued improvement. Sales numbers are rising and appreciation may be slowly coming into focus.

New rules could speed short sales of distressed homes

WASHINGTON – Jan. 12, 2010 – The federal government is setting guidelines for short sales of homes, giving lenders a 10-day limit to respond to offers, freeing borrowers from debt and providing financial incentives to lenders.

The new rules seek to address the many criticisms of short sales and figure to play a significant role in South Florida, where distressed properties dominate the market as the housing slump meanders into a fifth year.

“The cloud could be lifted,” said Domenic Faro of the Fort Lauderdale Real Estate firm. “This could bring us back to some normalcy.”

In a short sale, the homeowner unloads the property for less than what’s owed on the mortgage, and the lender forgives the difference. Nearly half of all single-family mortgage holders in Palm Beach, Broward and Miami-Dade counties are “under water,” meaning they owe more than their homes are worth, according to third-quarter data from Zillow.com, a Seattle-based real estate firm.

While short sales are considered the perfect solution for “underwater”

homeowners on the verge of foreclosure, the deals often drag on as lenders take weeks or months to respond to offers. Frustrated buyers walk away during the delays. In some cases, lenders insist that borrowers share in the financial loss, holding up the transactions even longer.

To speed up the process, the U.S. Treasury is calling for lenders to respond to short sale offers within 10 business days. Sellers are eligible for $1,500 moving allowances, and they will not be on the hook for repayment of any debt.

Also, lenders will get $1,000 to cover administrative and processing costs, while investors owning the mortgages will receive a maximum $1,000 for allowing up to $3,000 in short sale proceeds to be distributed to less senior lenders. Loan servicers participating in the Obama Administration’s Home Affordable Modification Program are required to follow the guidelines.

The rules do not specifically apply to loans guaranteed by Fannie Mae or Freddie Mac, which represent about half of all U.S. mortgage debt. The two government-run mortgage companies are working to finalize their own guidelines.

The Treasury plan, which must be implemented by lenders no later than April, is meant to help sellers like Dawn Sclafani, who has been waiting since October for her lender to approve a short sale offer on her Margate home. A buyer has offered $155,000, and she owes $233,000.

Sclafani, a 50-year-old psychologist, said she’s eager for the bank to approve the deal so she can put the experience behind her.

“I want to move on … but I can’t until somebody gives me permission to,”

she said. “I’ve heard that this is a horrendous process. The banks are just not very cooperative. I do believe these new rules will help.”

U.S. Rep Ron Klein, D-Boca Raton, agrees, saying the guidelines are meant to make short sales “a more usable tool.” Klein points out the rules provide standardized paperwork for all short sales and give buyers and sellers a more reasonable time frame for whether or not the sales will happen.

But Klein and others say the government may have to increase the financial incentives. The $3,000 cap on short sale proceeds is not sitting well with second lien holders, who have been demanding more money from sellers, the first lenders and real estate agents in exchange for releasing their claims and allowing the short sales to proceed.

“This is a great program if all these mortgages had only one lien holder,”

said Travis Hamel Olsen, chief operating officer for Loan Resolution Corp., an Arizona company that helps lenders complete short sales. “But many of these properties have two liens.”

Meanwhile, some local real estate agents remain skeptical of the guidelines.

 

Broward County agent Ron Rosen, who urged Klein last summer to push for new regulations, said he thinks “the banks will still play their little games with people and make life difficult for everyone.”

Edward Goldfarb of RE/MAX PowerPro Realty in Davie doubts the Treasury will enforce the new rules. “There’s no teeth to them,” he said.

A spokeswoman for the Treasury says it will hand down “substantial”

penalties to lenders that don’t comply. They can include the withholding or reduction of payments and requiring improperly rejected loans to be modified.

Lenders have blamed short sale delays on the complicated nature of the transactions, sheer numbers of deals and on borrowers who don’t submit proper paperwork in a timely manner.

In many cases, the banks are not to blame, said Ward Kellogg, chief executive of Boca Raton-based Paradise Bank. Still, he thinks the guidelines are necessary to force lenders to clear the market of so many distressed properties.

“I think the pressure on (the banks) is a good thing,” Kellogg said.

Copyright C 2010 Sun Sentinel, Fort Lauderdale, Fla., Paul Owers.

Distributed by McClatchy-Tribune Information Services.

 

 

Florida’s “Foreclosure Rescue” scams face new rules in 2010

 

Florida’s foreclosure rescue scams face new spotlight in 2010 rules
       
By James Thorner <
http://www.tampabay.com/writers/james-thorner> , Times Staff Writer
In Print: Friday, December 18, 2009
 
Too many Florida foreclosure rescue companies have really been Florida lose-your-house-and-make-us-rich companies.
 
It’s getting embarrassing for the Sunshine State. Three weeks ago, the Federal Trade Commission announced lawsuits against six foreclosure prevention operations
deemed to be crooked.

Five of them — 83 percent —were in Florida. Most took large fees from desperate homeowners up front, and performed little or no rescue work in return.
That’s supposed to change starting Jan. 1 in the biggest overhaul to the Florida mortgage brokerage business in decades.
The goals are laudable: No more fly-by-night correspondence lenders. No more Twitchy Tim’s Homes R Us. No more ex-convicts renting out shop fronts to advertise
their shady services.
These mud-sucking bottom feeders will continue to exist, but the state hopes to pin them in the spotlight of the new regulations.
What do the new lending laws mean for Average Joe Tampa Bay Homeowner? Here are some of the biggest changes:
• With a few exceptions, foreclosure rescue/loan modification shops will be the preserve of licensed mortgage brokers. Lawyers can continue to represent homeowners
with banks as long as it’s not a primary business but a sideline of other legal work.
• The new rules reaffirm and strengthen the state’s ban on up-front fees for foreclosure rescue operations. Only when the loan modification is concluded can a
mortgage broker collect a fee. And the deal must adhere to a clear written contract the broker provides upfront.
• The state plans to purge criminals, the unqualified and the uneducated from the ranks of mortgage brokers. The new rules provide for federally approved criminal
background checks, credit checks and state testing. You won’t get in the door without a high school diploma. Vaguely defined “moral turpitude” can get you disqualified.
Florida already had much of this in place, but the new rules are tougher.

• Previously unlicensed loan originators will need to get a license — or get out of town. During the housing gold rush in 2004-06, Florida lenders hired thousands of

originators. Often the only requirements were a pulse and a pair of shoes. Originators get too much blame for the real estate crash — they were front line grunts
without a grip on the purse strings — but they routinely flubbed their duty of sifting the credit-worthy from the deadbeat.
 
The rules have been two years in the works. Attorney General Bill McCollum’s office has filed 17 lawsuits against mortgage fraud or foreclosure rescue scams. The
Federal Trade Commission’s dramatically named “Operation Stolen Hope” released a partial list questionable Florida operators: Crowder Law Group, Crossland Credit
Counseling Corp., Home Assure LLC, First Union Lending, Truman Foreclosure Assistance and Safe Harbour Foundation of Florida.
In the animal kingdom, the proverbial lion preys on the proverbial wounded gazelle. The fact that we even needed the new Jan. 1 rules proves what callous beasts some
of us can be.
James Thorner can be reached at (813) 226-3313

 

Will the proposed Cap and Tax legislation require extensive energy upgrades on home resales?

The National Association of Realtors (NAR) issued a “Myths and Facts” memorandum with regard to HR 2454. Fortunately,  this bill only indicates that federal funding would be offered as incentives for owners of existing properties to voluntarily improve the energy efficiency of their structures:
 
HR 2454 does not require that buildings be energy retrofitted. It does however provide for federal funding to states in order that they may offer financial incentives, such as loans or grants, to property owners who voluntarily improve the energy efficiency of their property. There are guidelines and conditions to meet in order to receive funding and also with regard to exactly how states may spend the money. Some type of verification that the energy improvements have been properly made will be required to help ensure against fraud. 
 
In sum, at least at this point, there are no point-of-sale guidelines or any other such requirements of any sort. Of course, this bill has only been passed by the House. It must still be passed by the Senate and then signed by the President to become law. It may not happen at all. Time will tell.

Treasury Announces Short Sale Changes

 The U.S. Treasury Department under the Making Home Affordable program has released a plan to speed up and encourage Short Sales as a means to help families avoid foreclosure. RE/MAX International has been heavily involved in efforts to streamline Short Sale proposals for over a year, and although the new guidelines aren’t everything we would hope for, they do represent a significant improvement over the current situation.
Short Sales have been difficult to close, and these new measures are a huge step in the right direction. One major highlight: A lender must give a yes or no answer to an offer within 10 days.
 
Also included: a moving allowance, incentives for sellers and lenders, commission rules, and a stipulation that releases sellers from debt liabilities.
The Treasury Department has finally announced their finalized rules for SHORT SALES under the Making Home Affordable program.
 
In a nutshell:
· Mandatory consideration of short sale after HAMP, before foreclosure
· Pre-approved terms from servicer before property listing
· 10 days for servicer to accept/reject offers

· Agents commission protected

· Incentive payments to servicers

· Relocation allowance to borrower

· Guidelines and system to try and clear second lien roadblocks

· Servicers must implement by April 5, 2010

 Unofficially, some folks at FANNIE MAE have indicated that between now and April, Fannie will be rolling out PILOT PROGRAMS in CALIFORNIA and FLORIDA that will follow similar if not exactly the same rules. Based on these pilots, Fannie and Treasury will tweak these rules as necessary before the national roll out in April.

 Here’s an initial Reuters news story <http://web04.echomail.com/web04/l.do?cid=204&mid=2192&e=rq~rq-greev.pbz&t=10703>  outlining the new policies.

Here is the announcement from Treasury <https://www.hmpadmin.com/portal/docs/news/hampupdate113009.pdf>  and the actual guidelines as published in Supplemental Directive 09-09 <https://www.hmpadmin.com/portal/docs/hamp_servicer/sd0909.pdf>

Also, here is a short article in DS News that summarizes things <http://www.dsnews.com/articles/index/treasury-releases-guidance-for-making-home-affordable-short-sales-2009-12-01>