Daily Properties Real Estate News | Mortgage News 2012-05-14T15:06:21Z http://dailyproperties.com/feed/atom/ WordPress Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[Octomom is Under the Magnifying Glass, However She is No Different from Other Foreclosure Victims]]> http://dailyproperties.com/?p=6083 2012-05-14T15:06:21Z 2012-05-08T00:01:41Z Octomom ForeclosureForeclosure victims often are not victims. A majority of them have simply overspent, or mishandled their funds. Very few foreclosure victims have no one else to blame but themselves.

Octomom is a great example of a pattern I see in numerous foreclosure cases that come across my desk. A classic mishandling of funds, mixed with entitlement victim mentality, and not being perceptive, are some of the causes.  Another cause is an unrealistic balancing of personal budgets which leads them into foreclosure.

Often I can walk through a foreclosing home days before it gets auctioned off, and calculate enough items the homeowners could have sold to save their homes, before they fell so far behind.

The true victims are the neighbors whose home values have plunged due to the foreclosing neighbor. As the foreclosing home owners haven’t paid their mortgage payments for months, their neighbors who diligently paid their mortgages, have their homes fall further underwater. This is to the point now where most folks are not eligible to refinance, even though they have perfect credit, and have paid their mortgage on time for years.

It is time to start placing the blame on the foreclosing neighbor that has a housing slump, and not the banks or financial institutions, for falling house prices.  A lot of times the foreclosing property owner will just keep postponing their foreclosure which drives the housing market down even further!

Octomom spent her mortgage money at the hair salon on expensive Brazilian blowouts , and other items such as cable, and internet, that were not necessities.

Profiling several foreclosure victims over the years, I often see they have bloated life styles with large cable, internet, cell phone packages, gardeners, newer cars, nice electronics, over furnished homes, collectibles, the list goes on. When I explain to them to reduce their luxury items, cancel services, sell items, and save money,  their argument always is they need the items for their job search, or they are too busy searching for a job to do it. Never the less, I never see them looking hard for a job, but are indeed spending more time being in denial.  Examples can be anything from wasting their time on Facebook, chatting on internet sites, watching TV, and playing online games, internet dating, or basically doing anything to avoid reality.

A second trait I see they have more mouths than they can afford to feed by choice. In the Octomon case she has more kids than she can afford. I often see foreclosed victims have pets that they can’t afford, and these pets eat more expensive food than myself. When chatting with family members, I always find out prior to going into foreclosures when times were good, they always took their friends out for dinner and picked up the tabs at lavish restaurants,  They even bought expensive gifts for loved ones for the holidays, rather than having kept up with their mortgages, or put money away in a rainy day fund. They also have had a hard time exonerating expensive habits, such as novelty food items; Starbucks coffee, bottled water, freshly squeezed boutique juices, expensive packaged meals from the freezer aisle, fine wines, or cigarettes.

People who are not in denial of their financial situation would change their habits and be proactive. In taking the initiative, they sell their homes and belongings to keep a roof over their heads. Homes do not get foreclosed on over night. It takes months before the banks auction off a home, and often this situation is viewed as a last resort. Most foreclosure victims didn’t pay their mortgage for five months to several years, having enough time to rectify the situation if they really wanted to.  They could do this by simply short selling, working an agreement out with the banks, getting a job, selling off items to pay the difference, getting renters, and cutting their budget. There are many options that could have kept them from being a victim if they chose to be smart about it.

The true victims are the neighbors who can’t refinance, who have good credit, and pay their mortgage on time. Not the irresponsible foreclosing home owner, who expect that the next “housing gimmick” will bail them out.

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George Sudol, San Francisco Bay Area Realtor http://www.ba-realtyservices.com <![CDATA[April 2012 State of San Francisco Bay Area Real Estate Market]]> http://dailyproperties.com/?p=5890 2012-05-02T14:39:57Z 2012-04-19T18:34:24Z For those homeowners who have waited out the lull in San Francisco Bay Area Housing market, your patience is now being rewarded!

Mortgage rates inched up last week after the Fed signaled to investors that it won’t buy more bonds to provide further stimulus to the U.S.economy. The benchmark 30-year fixed-rate mortgage rose to 4.25%, compared to 4.23% the previous week and the low of 4.10% that we had at the end of February.  The Avg 30-Yr Fixed Conforming loan w/0 Pts is currently at around 3.75%. The Avg 30-Yr Fixed High Balance Conforming Loan w/0 Pts is currently at around 4.125%. The Avg 30-Yr Fixed Jumbo Loan w/0 Pts is at around 5%

Rates are expected to seesaw in coming weeks as the market enters a volatile period.

 

The continued low interest rates are a big reason for the all out Seller’s market that we are now seeing throughout the Bay Area!  It’s as if every buyer that was sitting on the fence has suddenly come off the fence this year and there isn’t nearly enough inventory available for the greatly expanded pool of qualified/interested buyers. Inventory has been shrinking consistently for the last 10 months.  Since May/2011, the residential (Class 1 and 2) property inventory for the Peninsula has dropped from 1,357 units to currently just 607 units. For the Upper South Bay/Lower Peninsula hub, over the same period, inventory has dropped from 863 units to 317 units currently. For the San Jose area over the same period, inventory has dropped from 2,405 units to 988 units currently.  These are staggering figures. The combination of extremely low inventory and a hugely expanded new pool of buyers has created a Seller’s market frenzy similar to what we saw in the years 2005 and 2000!

 

Another major reason for the sudden rush of Bay Area buyers is last year’s spike in Bay Area rental prices. For 2011,San FranciscoandSan Josesaw average rental rate increases of 5.9% and 4.9% respectively.  Such increases are one reason why industry analysts believe 2012 will be the first year since 2005 when the share of apartment renters that moves out to buy a house increases from the previous year.  Historically, the cost to rent an apartment has been about 10% lower than the after-tax cost of owning a home.  That rental discount began to fall in 2010 and disappeared entirely last year, according to analysts at Deutsche Bank who track housing costs. By the end of 2011, the bank’s research found that the cost to rent an apartment was about 15% “higher” than the cost to own a home.  Combine “this” factor with historically low interest rates and renewed consumer confidence and you have an explosive situation with way more buyers than available inventory.

 

The only thing that will limit the impending spike in Bay Area real estate values will be the appraisals obtained for financed purchases.  Most buyers now “have” to pay more than the appraisable value of the home they are bidding on in order to have any chance to win the bid.  In some cases, a low appraisal will give the buyer a chance to negotiate the price down before actually completing the purchase.  However, in most of the multiple offer situations going on right now, the Seller is able to get at least 1 (usually “more” than 1) of the bidding buyers to waive their appraisal contingency. That eliminates the possibility of negotiating the price down if the appraisal comes in low.  Also, cash buyers don’t typically have appraisal contingencies and there are plenty of cash buyers right now in the 750K and under market.

 

For those home owners who have waited out the lull in the Bay Area Housing market, your patience is now being rewarded.  We are now seeing a Seller’s market the likes of which we haven’t seen since 2005.  This should be the beginning of a major move back up in Bay Area home values.  Those who are in the market to buy now will need to understand that it’s highly competitive right now since there’s much more demand than supply. Serious buyers will need to be ready to look at properties within a day or 2 of coming on the market and (in order to be able to win the competition for the given property) must be willing to go much higher in their bids than what the comps say the property is worth.  Until the inventory goes back up significantly and/or interest rates go up significantly, this frenzied Seller’s market should continue and home prices will see a major spike up throughout this 2012 Buying season.

 

 

George Sudol is the Broker/Owner of Bay Area Realty Services, a successful San Francisco Bay Area residential Real Estate firm. He also owns and operates Bay Area Mortgage Alliance, a California residential mortgage lending brokerage.                              See more at www.ba-realtyservices.com , Email george@ba-realtyservices.com, or Call 650-242-4079

 

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Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[We Answer Confused Homeowners Questions About HARP 2]]> http://dailyproperties.com/?p=5883 2012-04-05T13:55:37Z 2012-04-05T06:30:56Z HARP 2 Refinancing

Harp 2 has confused homeowners seeking refinancing which have led to the outpour of question from our readers.  Below are some of the answers to the common questions our readers were asking about HARP 2 and refinancing.

 


Am I required to refinance with the same lender I did my original loan?
Under HARP 2, you’re not required to refinance your mortgage with the same lender who’s currently servicing it.
Smaller lenders seem to be more willing than some of the larger ones to do HARP refinances on mortgages they did not originate. Mortgage brokers, who work with multiple lenders, have it easier in helping you identify other lenders who may be willing to take on your loan.

 

Can you refinance an investment property or a second home under HARP 2
Yes you can use the HARP 2 program to refinance underwater or low-equity mortgage on either a second home or an investment property of 1-4 units, as well as on your primary residence.

 

Why only Fannie and Freddie mortgages qualify for HARP 2
HARP 2 is limited to Fannie and Freddie loans  because both companies fell in government receivership during the market crash. Because of this the government can tell them what rules to follow when refinancing mortgages. Since HARP 2 is run through Fannie and Freddie, it can’t be used to refinance mortgages backed by strictly private lenders.

 

Can you qualify for Harp 2 if you have a VA or FHA loan?
Sorry, not under Harp 2. But there is help if you have a VA or FHA loan, you may be able to do a streamline refinance without an appraisal.

 

How do I know if I qualify for the HARP 2 loan?
There are many factors but here are some basics: If you’re loan is currently owned by Fannie Mae or Freddie Mac (we are not talking who you pay your loan to) , the loan was originated before May of 2009, you’ve made your last 12 mortgage payments on time with maybe just 1 30 day late payment and can verify your income, you should qualify. You most likely will not need an appraisal because the program has no limit to the loan to value or combines loan to value.

 

For HARP 2 what documents are needed?
It’s a full doc loan. Tax returns, W2′s, bank statements, pay stubs, etc.

 

Do you have to have good credit for HARP 2 loan?
Credit is checked but they are mainly concerned with the last 12 months of mortgage payments

 

What fees are associated with HARP 2?
Nothing extra to you except that the rates will be slightly higher than “normal” loans.

 

Can you qualify for HARP 2 if you are in an arm?
Yes

 

What are the consumer benefits of HARP 2 for consumer?
Cheaper mortgage payments!

 

If you are unemployed do can qualify for HARP 2?
No

 

Can Harp 2 loan be for people who are not underwater?
Yes, again, speak to a qualified mortgage broker that can determine the best route for your situation.

 

Is Wells Fargo and other major banks starting harp 2 now?
You do not have to go back to your current mortgage provider (Wells, BofA, etc.). In fact, they may be the hardest place to go to since they are a big bureaucracy. Contact a mortgage broker who will evaluate your situation and put you in the best program. They will be with you every step of the way


When will HARP 2 Expire?
HARP is presently set to expire after Dec. 31, 2013.  For more information, visit the Fannie Mae or Freddie Mac web sites at www.Fanniemae.com or www.Freddiemac.com.

 

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George Sudol, San Francisco Bay Area Realtor http://www.ba-realtyservices.com <![CDATA[March 2012 State of the San Francisco Bay Area Real Estate Market]]> http://dailyproperties.com/?p=5878 2012-05-02T14:39:57Z 2012-03-07T22:54:34Z Mortgage rates continue to skirt all-time lows. The 30-year fixed mortgage rate averaged 3.87% for the end of this past week, down from 5% the previous year. That is the lowest in Freddie Mac’s survey data, which stretches back to 1971.

For primary residence purchases, the Avg 30-Yr fixed Conforming loan w/0 Pts is at 3.75% and the Avg 30-Yr fixed High Balance Conforming loan w/0 Pts is at 4%.

Turning to the latest Real Estate news, San Francisco Bay Area home sales outpaced listings and inventory went down for the 9th straight month since May/2011.  Residential property inventory continued its steady decline in February and is now down to its lowest levels in over 6 years.  San Francisco Bay Area home sales had risen in January to the highest level for the month of January in five years, boosted by lower prices, ultra-low mortgage rates, a modestly improved economy and a record level of investor purchases  The median price paid for all new and resale houses and condos sold in the Bay Area in January was $326,000. That was down 2.8% from a revised $335,500 in December, and down 3.6% from $338,000 in January 2011. January’s median was the lowest since April 2009, when it was $304,000. The median’s low point of the current real estate cycle was $290,000 in March 2009. The peak was $665,000 in June/July 2007

It’s clear that the “Average” home sale price has edged lower in some areas recently, but that’s merely a reflection of the fact that the low-mid price segment of properties are the hot sellers, not of any deterioration of individual property values. January’s San Francisco Bay Area median of just $326,000 is a reflection of how skewed the market has become toward distressed, lower-cost properties. The 800K and under market is hot right now as investors gobble up the low end (400K and under) REO’s and Short Sales and regular home buyers in the 500-800K mid-range are taking advantage of low interest rates, lower home prices, and a renewed perception of economic and job stability. The higher-end (1M+) sales have slowed in recent months as many struggle to qualify for Jumbo loans and others just sit tight.

Meanwhile, we’ll be watching to see how housing prices might be impacted by the government’s recently announced efforts to help homeowners refinance, or otherwise avoid foreclosure. The federal-state settlement with 5 major banks reportedly calls for billions to be spent in California to help certain underwater homeowners reduce their principal (through the HARP 2 refinance loan program) and avoid short sale or foreclosure.  What’s not clear is the extent to which these efforts will kick in during the first half of 2012, which could alter the course of some who are on the brink of foreclosure right now.
If the most recent San Francisco Bay Area inventory and buying activity trends are any indication, we are in for a better than expected 2012 for San Francisco Bay Area Home value recovery.

 

George Sudol is the Broker/Owner of Bay Area Realty Services, a successful San Francisco Bay Area residential Real Estate firm. He also owns and operates Bay Area Mortgage Alliance, a California residential mortgage lending brokerage. See more at www.ba-realtyservices.com , Email george@ba-realtyservices.com, or Call 650-242-4079

 

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George Sudol, San Francisco Bay Area Realtor http://www.ba-realtyservices.com <![CDATA[How Much Home Can I Afford (2012 Mortgage Lending)]]> http://dailyproperties.com/?p=5870 2012-05-02T14:39:57Z 2012-03-06T15:32:09Z Many consumers are shaking off the real estate market hangover and going back into buying mode in hopes of taking advantage of the lower interest rates and lower home prices which have been left in the wake.  As you re-enter the home buying realm in 2012, you will be wondering “how much of a house can I afford” and there are several things that you should know about today’s newly reformed lending environment.

 

1. If you’re buying a home for investment, conventional lenders now require 25% downpayment for investment property purchases.  If you want to purchase an investment property with a lower downpayment, you will need to seek a private lender (which will have a much higher interest rate than with conventional financing).

 

2. The market for 2nd loans dried up several years ago with the collapse of IndyMac and Countrywide.  2nd loans were used to finance all or part of the 20% downpayment required by conventional Primary lenders, allowing buyers to obtain a conventional Primary loan with little to no money down.  Now that the secondary mortgage market has gone away, you will need at least a 20% downpayment if you want a conventional loan.  Otherwise, you will have to go with an FHA loan.

 

The rate for FHA loans is the same as with Conventional loans, but you have to pay MI (Mortgage Insurance) with FHA loans when you put less than 20% down.

There are 2 layers of MI:

One is the initial (up front) MI fee of 1Pt (1% of the loan amount)

The other is the ongoing MI payment which amounts to 1.1%-1.15%/year (1.15%/year if you apply a purchase downpayment of between 3.5% and 5%, 1.1%/year if you apply a purchase downpayment of more than 5%, but still less than 20%).

The ongoing MI payment is spread out over the year as a monthly payment.

The good news is that there is enough of a rebate with FHA loans (obtained at the same rate as conventional ones) to cover the up front Mortgage Insurance.

 

3. There is big news on the FHA lending front regarding an increase in the cost of BOTH layers of MI. Starting April 1, 2012, the up front MI for FHA loans goes up from 1% to 1.75% of the loan amount. The annual (ongoing) MI fees change as well, climbing by 10 basis across the board (so 1.25%/year for 5% or less downpayment and 1.2%/year for great than 5% down, but less than 20%) and by an additional 25 basis points for loans between $625,500 and $729,750 (the FHA loan limit is up to $729,750 in high cost areas like Washington, DC, New York City, and many parts of California)

Let’s look at example.  Let’s say you purchase a home for $500,000 with an FHA loan with 5% down.  You will be left with a $475,000 loan.  In addition to your $2,268/month loan payment (based on 4% interest rate), you will have $495/month MI payments (based on 1.25%/year of the $475,000 loan amount, divided by 12 monthly payments)

 

4. If you earn money as an independent contractor (“1099 employee” from an income tax standpoint), all that the lenders care about is how much “taxable” income you have made. Also, they will count your “average” taxable income over the past 2 tax years.
For example, let’s say your gross income was $200,000 in 2011 and $150,000 in 2010.  In both tax tears, you claimed $75,000 in tax deductions (deductions for your business expenses).  That leaves you with $125,000 taxable income for 2011 and $75,000 taxable income for 2010.  The average is $100,000.  Your loan qualification will be based on $100,000/year ($8,333/month) income.  Of course, all of your debts (such as car payments, student loans, and/or mortgages against other homes you own) will subtract from that $8,333/month, leaving you with an amount known as your “expendable” monthly income.  Most lenders will not allow a loan with total monthly payments (including loan principal and interest, property taxes, insurance, and/or HOA dues) that would exceed 50% of your expendable monthly income. In other words, the maximum debt to income ratio is generally 50%.

 

5. You also should understand the following rules regarding buying a home again after the Short Sale or Foreclosure of a home you have owned before:
Short sale with FHA Loan: You can purchase right away with no mortgage default,

3 year wait if in default at the closing, Reduced wait if you have re-established good credit and can show extenuating circumstances
Short Sale with conventional (Fannie Mae) Loan: 2 year wait if you put 20 % down, 4 year wait if you put between 10% to 20% down, 7 year wait if you put less than 10% down, 2 year wait if you can show extenuating circumstances and put more than 10% down
Short Sale with conventional (Freddie Mac) Loan: 4 year wait before being able to get a loan, 2 year wait if you can show extenuating circumstances

Foreclosure with an FHA Loan: 3 year wait before being able to get a loan, Reduced wait if you can show extenuating circumstances and re-establishes good credit
Foreclosure with a conventional (Fannie Mae) Loan: 7 year wait from the completed foreclosure sale date, 3 year wait if you can show extenuating circumstances, Additional underwriting requirements apply for 4 years after a 3 year waiting period, 7 year wait for a 2nd home, cash out re-financing, or an investment property
Foreclosure with a conventional (Freddie Mac) Loan: 5 year wait from the completed foreclosure sale date, 3 year wait if you can show extenuating circumstances

** As a side note, a Deed In Lieu of foreclosure (an agreement with your lender to “hand over the keys” to them) follows the same guidelines as the foreclosure policy for FHA loans and for Fannie Mae and Freddie Mac loans, the same as their short sale policy.

6. If you buy a lot (a piece of land) or a property that is in such bad condition that the value is only in the land, conventional lenders will only lend you 50% of the value.

In other words, you will have to put 50% down for a Lot or a “Tear-down”.

 

7. Even though you can obtain a conventional mortgage with as little as 20% down, you will pay .25Pt more for your mortgage if you put less than 25% down.  All conventional lenders will automatically add .25Pt cost to your loan if you put less than 25% down.

 

Now that you are educated about the basic rules of our current lending environment, you should now know the answer to “how much I can afford for a house” and whether or not you’re really in a position to obtain a loan for the kind of home you want.

If so, you should know that rates have hit historical lows over the past year and the rate right now for a conventional 30-Yr fixed mortgage (with 0 Pts) is around 3.75% for a Conforming loan amount (of $417,000 or less) and around 4% (with 0 Pts) for a High Balance Conforming loan amount (between $417,001 and $625,000).  The fed announced in January that they were going to do everything in their power to keep mortgage interest rates low for the next 2 years. So with eyes wide open, happy house hunting!

 

George Sudol  is the Broker/Owner of Bay Area Realty Services, a successful San Francisco Bay Area residential Real Estate firm. He also owns and operates Bay Area Mortgage Alliance, a California residential mortgage lending brokerage. Please feel free to contact George or one of his loan officers for a precise mortgage calculation to see exactly how much house you can afford at today’s rates.
See more at www.ba-realtyservices.com ,
Email george@ba-realtyservices.com,
or Call George at 650-242-4079

SF Bay Area Real Estate

 

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Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[The Promise To Secure Loan Modifications For an Upfront Fee Lands 5 Orange County Men In Jail.]]> http://dailyproperties.com/?p=5857 2012-03-05T17:19:15Z 2012-03-05T13:25:02Z A 2009 California law protects homeowners forbidding any person or business to charge an upfront fee for loan modification services was breached.
The five are charged with at least seven counts of felony grand theft and other charges are:

  • Jacob J. Cunningham, 24, of Irvine
  • Justin D. Koelle, 23, of Costa Mesa
  • Andrew M. Phalen, 25, of Mission Viejo
  • Dominic A. Nolan, 30, of Irvine
  • John D. Silva, 27, of Irvine.

Federal officials were assisted in the investigation by the Orange County Sheriff’s Department, Huntington Beach police, the California Department of Real Estate and other state and local agencies.

The 5 men started fraudulent businesses promising they could secure loan modifications for an upfront fee that was refundable if no help was obtained, but they kept the money, according to a statement Friday by Christy Romero, the inspector general who oversees the Troubled Asset Relief Program.

Along with asking for upfront fees and pocketing home owners money they are also accused of regularly changing the names, phone numbers and addresses of the companies they operated, including CSFA Home Solutions, Mortgage Solution Specialists Inc., CS & Associates and National Mortgage Relieve Center.
Investigators said three of the men, Cunningham, Nolan and Silva operated a separate scheme in which they sent out forged “conditional approval” letters to homeowners with forged logos from popular mortgage banking departments of CitiFinancial or CitiMortgage. The letters allegedly promised potential

Three of the five can be found on Facebook. Below are their profile photos.

Andrew M. Phalen, 25

Andrew M. Phalen, 25

 

 

 

 

 

 

 

 

 

 

 

 

 

Jacob J. Cunningham, 24

Jacob J. Cunningham, 24

 

 

 

 

 

 

 

 

 

 

 

 

Dominic A. Nolan

Dominic A. Nolan

 

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Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[Redding Realtor Accused of Stealing From His Listings]]> http://dailyproperties.com/?p=5839 2012-02-24T02:09:29Z 2012-02-24T01:39:07Z Realtor FraudRandall Byrd realtor is being charged with four misdemeanor counts for stealing from a home he was listing.

He is accused of stealing doorknobs, plates for doors, and locks for doors. Bryd, once a broker for Keller Williams Realty Office in Redding now closed,  works for Platinum Properties currently. Court documents state charges against him are mortgage stripping, grand theft, attempted mortgage stripping, and attempted grand theft. The accusations come when Byrd asked Jeterbilt Construction to remove carpet from either his or his girlfriend’s rentals and replace it with a bank owned listing.

This isn’t the first time. Byrd has a second charge from last March when Byrd is accused of removing door hardware from another foreclosed property.

The Shasta Association of Realtors said Byrd is being questioned because of self policing among members. Byrd is set to be arraigned March 12.

 

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George Sudol, San Francisco Bay Area Realtor http://www.ba-realtyservices.com <![CDATA[The Illegal and Unsavory Practice of Referrals and Kickbacks in the Real Estate and Mortgage Industry]]> http://dailyproperties.com/?p=5833 2012-05-02T14:39:57Z 2012-02-23T15:36:34Z Illegal Mortgage and Real Estate Fees The one that bothers me a lot is the practice of paying referral fees to unlicensed people (friends, co-workers, family members, etc).  In most cases, this practice is illegal and for good reason.

As you know, buying a home and obtaining a mortgage is complicated and many consumers rely on real estate agents and mortgage brokers to help them through this process. Consumers trust their real estate agent or mortgage broker to assist them in getting the best and most cost effective settlement services available to meet their needs. Unfortunately, this does not always happen and consumers are often steered to higher priced settlement services.

RESPA (The Real Estate Settlement and Procedures Act) is an act that was passed by congress in 1974. It was created because various companies associated with the buying and selling of real estate, such as lenders, real estate agents, construction companies and title insurance companies were often engaging in providing undisclosed kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics.

There are many examples of such prohibited practices, but the one that I am referring to is the following:

Real estate agents or mortgage brokers paying “finders fees” to friends and past customers for referring new business.

 

Other examples include:

  • Title companies, mortgage brokers, lenders offering real estate agents a free chance to win a contest or prize, such as trips, money, coupons and discount certificates.
  • Mortgage brokers, lenders, title companies offering to assist real estate agents promote themselves or their property listings, by providing such things as postcards, virtual tours, and marketing materials.
  • Mortgage brokers, lenders, title companies offering to pay or defray any costs that real estate brokers or agents would otherwise have to incur, such as providing continuing education or paying disproportionate costs for joint advertising.
  • Mortgage brokers, lenders, title companies providing “thank you” gifts to real estate agents for referring business.
  • Mortgage brokers or lenders paying real estate brokers or agents a commission for referring a loan.

 

Section 8(a) of RESPA prohibits giving and receiving any fee, kickback, or thing of value for the referral of settlement service business. A violation of RESPA carries the potential for up to a year in jail and a $10,000.00 fine for each involved party.
The highly regarded real estate law treatise by Miller & Starr, California Real Estate, citing RESPA, concludes, “The Act does not prohibit a cooperative brokerage and referral agreement between real estate brokers where one broker pays a referral fee to another broker. However, a broker cannot pay any consideration to an unlicensed finder even though such payment may be legal under state law.”

Also under California law, a broker can pay compensation only to another broker or to a duly licensed salesperson through the employing broker. Even if someone is otherwise entitled to a commission split, if they are unlicensed at the time the compensation is earned it is illegal to compensate that person. It is also illegal for a broker to employ or compensate an unlicensed person for acts that require a license.

 

I believe there are 2 key reasons for this law:

  1. Such referral fees obscure price competition. The unlicensed person has monetary incentive to refer any real estate professional to any client, regardless of what he/she really thinks of that professional’s ability to serve that person who needs the given real estate or mortgage service. In other words, it’s likely that they are basically referring people to that professional for the money that he/she has to gain (for the referral), rather than the ability or quality of the professional in question.  Also, unlicensed people generally lack the ability to judge who is a “good” or “appropriate” real estate professional for a given client since they themselves are not a professional in the industry.
  2. Such referral fees inflate the costs of real estate transactions and services. Since the Realtor or loan person knows that he/she would have to pay the referring person part of the commission he/she would be earning for the service, he/she may charge the client a higher amount for the service to make up for the amount that needs to be paid to the referring person.

 

While there are certain exceptions to the law (regarding unlicensed people receiving referral fees), I believe that it would be unwise to attempt to circumvent the law through these exceptions. As a Real Estate or Mortgage Professional, rather than even give the hint of doing something illegal, it would be better for you to protect your license that you have worked hard for, and not cross the line.  It’s not worth the risk!  Remember, it’s both an unsavory and an illegal practice and RESPA violations carry the potential for up to a year in jail and a $10,000.00 fine for each involved party. It’s also best for the parties involved (in the given transaction) to keep the unlicensed/non-professional referring person completely uninvolved in the transaction.  By receiving a referral fee, that person would inherently become involved in the transaction (and they don’t “belong” in it).

There have been many RESPA reforms to Real Estate and Mortgage Lending laws over the past several years.  These reforms were necessary to prevent Real Estate and Mortgage professionals from taking advantage of consumers to the extent that a real estate bubble can be created.  Illegal kick-backs and referrals are at or near the top of the list of the reforms.

Moving forward, the elimination of illegal referral and kick-back fees will help to create a more transparent, professional, and even playing field among real estate professionals in the industry. Real estate professionals and consumers alike need to be aware of both the laws against such practices and the reasons why these laws exist.

 

George Sudol  is the Broker/Owner of Bay Area Realty Services, a successful San Francisco Bay Area residential Real Estate firm. He also owns and operates Bay Area Mortgage Alliance, a California residential mortgage lending brokerage. See more at www.ba-realtyservices.com , Email george@ba-realtyservices.com, or Call 650-242-4079

 

 

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Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[As a Homeowner How Do I Know If I Qualify for HARP 2 Refinancing?]]> http://dailyproperties.com/?p=5818 2012-05-02T14:39:57Z 2012-02-22T16:21:28Z Harp 2 Refinancing QualificationsThere are new guidelines being released to qualify for HARP 2.
YES.  And more people will qualify for HARP program than ever before.
YES. The question remains…  “Will I qualify HARP 2?”
Here is how you can begin to know….


Step 1:
Who Owns My Loan?

You need to know if your loan is owned by either Fannie Mae (FNMA) or Freddie Mac (FHLMC).
It is not something you will know off the top of your head.  You must check the websites below AND call your lender to ask, “Who OWNS my loan?”  You are trying to find out who the investor is.  This is a different party in many cases from the company that collects your payments (the servicer).  Enter the information into each of the forms through the links below and also call your current servicer unless you get a “yes, match found” answer.

http://www.fanniemae.com/loanlookup/
https://ww3.freddiemac.com/corporate/

Step 2:
What if Fannie and Freddie Don’t Own My Loan?

If, at some point, you get a YES answer to either of these questions:  “Does Fannie Mae own my loan?”  or “Does Freddie Mac own my loan?”then you can proceed to step 3.

If you are getting a NO answer to the above questions you need to continue to try both links repeatedly (as FNMA and FHLMC both acquire loans) AND you need to call your lender. A NO answer generated from the forms on these links does NOT necessarily indicate that your loan is NOT owned by either of these entities.  Just entering information differently (IE misspelling, typos, abbreviations or missing information) from how it is in the lender’s system can produce a NO answer…

If you get a NO you will still want to consult with an experienced broker who works with many different lenders and can ascertain whether or not there is another program available to you. There ARE other programs available that do not involve either of these entities.  There are also potentially ways that you can improve your own situation to qualify for a refinance (IE paying down the loan, getting a second job, paying off debt, getting a “gift” from family, etc.).  If you get a NO you can also ask your current lender if they participate in the federal Making Home Affordable Program.

A definitive NO here is the end of the road for a HARP refinance for the time being but be sure to keep in touch with those sites and with an experienced lender to determine if something has changed.  If one thing is for sure, things change!  It has happened again and again over the last half decade as these programs have rolled out.

Step 3:
If you discover YES My Loan is Owned by Fannie Mae or Freddie Mac

Your loan IS owned by Fannie Mae or Freddie Mac.  Now what?!
You will potentially qualify under one of the following programs:

FNMA: DU REFI PLUS OR REFI PLUS

FHLMC: FREDDIE MAC RELIEF (I or II) OR FREDDIE MAC RELIEF OPEN ACCESS (I or II).

The difference between the “OR” programs above relies on who the servicer of the loan is.  One program is only available to the servicer of the current loan (sometimes through a broker) and the other is available to any lender who offers the loan product.  Some servicers do not exist any longer and some do not offer the specific program a borrower might need or the guidelines needed to qualify.  This is where it can get dicey and an experienced lender is necessary to help you determine where your loan qualifications might fit it.  And NO Lender is omnipotent so NEGU (never ever give up).

The first answer is TALK to an experienced lender, maybe even more than one.  Each bank offers a DIFFERENT VERSION of this product, therefore going to one bank, with one set of guidelines, may not be your solution.  One bank will still only go to 105% of the current home value with your loan balance, while another bank will go to 125% of the current property value.  If you have a second mortgage, that changes what you qualify for, as well.  Again, some banks will go higher on the COMBINED loan to value (meaning the balance now including the second mortgage loan balance versus the current propert value).  I must also add:  there are situations where I refer a client back to their original lender because the guidelines and/or the pricing might be better but I would definitely prefer to talk through the situation with the client FIRST to determine what makes the most sense for their particular situation.  Most borrower wants to talk to their servicer AND a trustworthy and experienced broker.  Sometimes a servicer will have different guidelines for their borrowers with loans already with them versus loans that are owned by a different lender as well.  Try to be sure you have an experienced loan officer with the servicer as well.  Not all loan officers are equal in terms of experience and knowledge and talking to the wrong person can get you the wrong answer as well.

I am seeing pricing and guidelines vary GREATLY from one lender to another.  Just because Fannie or Freddie “release” new guidelines does not mean that any specific lender will offer the program just as they release it.  Lenders have overlays, rules in addition to the guidelines, that will sometimes limit what is available through their bank.

AND, just because your loan is owned by Fannie Mae or Freddie Mac does not mean you qualify otherwise.

You will need to meet some other qualifications:

For example, your loan has to have been originated before 6/1/2009 if it is owned by Freddie Mac.  You can only take advantage of the program one time.  And your overall credit risk profile will still have to qualify through the electronic processing system as well.  It sounds like this system may “relax” sometime in March.

My recommendation is to talk to your lender now and get your HARP 2 refinancing application going.  When (and if) the flood gates do open on HARP 2 program, you want to be ready to go.

Remember, persistence is KEY when it comes to getting refinancing especially under HARP!  As is the EFFORT to keep trying!  AND, when you find a solution, do not wait for something better to come along.  SNATCH IT UP as fast as you can!

Author

Sheila Goulart- Siegel
President and Senior Loan Consultant
Synergy Financial Group
(949) 388-9254 ext. 101
(949) 388-9372 fax
DRE license #:    01247838
NMLS license #:  239691

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Daily Properties, Real Estate & Mortgage News Editors https://plus.google.com/102662329401455571679?rel=author <![CDATA[Is your building ADA compliant? And why it is important to follow ADA guidelines for buildings and facilities.]]> http://dailyproperties.com/?p=5814 2012-02-20T15:13:28Z 2012-02-20T15:13:28Z For commercial property, facility managers and building owners it can be confusing to understand ADA Guidelines however with the right help ADA can be simple.

ADA, stands for American with Disabilities Act a law passed in 1990, ADA Consultant such as Bassam Altwal, Assoc. AIA, CASp is the principal at Cal Accessibility can simplify the process and make sure the facilities follow ADA guidelines and lower the risk of getting fined or even worse having a costly lawsuit.

We had a chance to sit down with Bassam and ask him some questions to understand better what he does and why it is important to make sure your business meets ADA guidelines. Below are some of his answers.

Why does a building need to be ADA compliant?
18% of the national population of the USA is permanently disabled. An additional 8% is temporarily disabled (accidents, medical procedures, etc.). Disabled are the largest minority group in the country and if you add 13% of the population are over the age of 65 (that use accessibility services) the demography becomes much more significant. The disabled demographic command $175 billion in discretionary spending – double the figure for teenagers.

It is not just the disabled – we will all age, living significantly longer and generally healthier lives but we cannot escape the frailties of aging. A senior who has no difficulty getting about on the flat may find a short flight of steep steps insurmountable but may not admit it to anyone and go elsewhere with their business. The advance guard of the aging Baby Boomers are already beginning to enter this stage of life ensuring the growth of this market segment for decades.

If you have had to go anywhere with toddlers or a stroller, pulled a roller suitcase into a hotel, carried a heavy or bulky package into a building or helped a senior get about for more than half an hour you already appreciate that , ADA Accessibility also makes moving around a lot easier for even the young able-bodied.

If you buy or lease a commercial building can we presume the previous owners or tenants made it ADA compliant?
While many people are aware of the ADA, which was passed into law in 1990, even those whose properties, facilities or businesses are directly affected by it have an incomplete understanding of its requirements and so are exposed to the risk of civil penalties and private lawsuits. Some of the more common misconceptions are what people think is “grandfathered” conditions, not so.

Well, not only is it the Law to comply with ADA it also makes perfect commercial sense for owners and their tenants to cater to such a significant number of potential customers. If the carrot of almost 40% demography and Tax rebates is not sufficient consider  Civil penalties up to $55,000 for a first and $110,000 for each subsequent offence may be imposed through Department of Justice enforcement, or $4,000 up to $12,000 per access violation plus attorney’s fees through the California Civil courts (Unruh Civil Rights Act), in California alone over 12,000 private suits have been filed under the ADA, (one lawyer in Sacramento filed 300 law suits) typically these actions seek not only to have infractions corrected but also an award of monetary damages to the plaintiff. The cost of settling either in court or out of it will far exceed the cost of paying for any remediation. California accounts for 42% of all ADA litigation nationwide.

How can business owners ensure compliance and reduce chances of getting sued?
Businesses should hire a  certified access specialist (CASp), who is a person business owners can be assured has been tested and certified by the state as an expert in disability access laws. SB 1608 (State Bill)   sets up a process whereby business owners can voluntarily hire a CASp to inspect their buildings to ensure compliance with disability access standards and obtain an inspection report as proof they did so.

If a business owner does get sued, how does SB 1608 help to encourage early resolution of the lawsuit?
Even when businesses have reduced their chances of a lawsuit by hiring a CASp to ensure their building is in compliance and posting their CASp sign, unfortunately, there is never a 100 percent guarantee of not getting sued; however, SB 1608 gives CASp-approved businesses some tools for helping to resolve unnecessary litigation and encouraging early resolution, like for example businesses that have been CASp-inspected before being sued — and only those businesses — are entitled to request a 90-day stay of the lawsuit and an Early Evaluation Conference (EEC).

Who enforces ADA ?
The Department of Justice, the ultimate enforcement agency of the ADA, it encourages businesses to assess what needs to be done and then to have in place plans, procedures and policies to guide implementation. In other words enforcement does not insist on complete and immediate compliance regardless of cost. On the other hand doing nothing or taking half-hearted, slipshod measures are an invitation to lawsuits and substantial penalties and costs. The other entities to enforce the ADA are private citizens through their lawyers and the court system by filing a lawsuit.

What other information can you give us?
Don’t delay taking the first crucial step on making sure business property or facility meet ADA guidelines. It is the Law, Engage a qualified CASp firm to do an ADA survey of your premises and give you a confidential report of findings, solutions and estimates to base your implementation plan on; make sure the firm is qualified and have the proper insurance and experience. Get ready to welcome the Disability Demographic who will welcome your changes.

For more information please contact
Bassam Altwal, Assoc. AIA, CASp is the principal at Cal Accessibility. (A full service ADA consulting in the San Francisco Bay Area, California. bassam@calaccessibility.com (415.310.3010))


ADA Consultant

 

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