Monthly Archives: December 2007

There Are Still a Few Days to Do Tax Planning

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Don’t forget to set up your new solo401K by December 31.  You can set one up at ThinkorSwim.com in just a matter of hours.  Probably take a lot longer than that if you’re using your solo401K to invest in real estate, but you’ll be glad you did.[photopress:fat_cat.jpg,thumb,alignright]

Check with your CPA or Attorney. PenscoTrust or Guidantfinancial have excellent educational sites for good strategies for self directed retirement planning.  It’s well worth learning and understanding if good tax planning is your goal.

An Early Holiday Present

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Yesterday, The Mortgage Foregiveness Act of 2007 was passed effectively getting rid of the question, “will I be taxed on a short sale?”

Prior to this action, the forgiven mortgage debt due to foreclosure, short sale, or deed in lieu of foreclosure was potentially taxable to the borrower. As agents we always have had to warn our clients in short sale positions about the potential of receiving a 1099 from the shorted mortgage lender, thus triggering a potential tax.  In one situation I’m involved in, the potential deficiency is 1 million and the tax hit would have been devastating.

Now however, those owners in that situation, at least until 2009, are having their taxes waived, too (at least up to 35%).  For those in this situation, this is really great news and likely the best holiday present they could hope for.

On their behalf, thank you congress [photopress:applause.jpg,thumb,alignright]

This week according to 4realz…

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I can tell from the comments that many regular readers of RCG have been checking out the what I’ve been doing on 4realz.net. It’s been fun to try out something a bit different as I do my best to summarize the news and gossip of the real estate technology and RE.net communities.

However, besides blogging on 4realz, I’m also committed to sending out a weekly email that summarizes the news and gossip that I think the typical real estate executive should know. Interestingly, I did something like this at Move and I know from feedback I got that the email was definitely appreciated since most executives don’t have the time to follow all the blogs and news sites that they wish they could. However, I do say “executive” pretty broadly since there are a lot of people who would appreciate a weekly summary of news and gossip from the online real estate community.

I’m extremely hesitant to republish the email on 4realz as a blog post each week (despite requests) because it feels like it would be repeating the same stories that would have already been covered on the blog earlier in the week. I still haven’t figured what I will do each week, but this week I thought I would post the email here on RCG!

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While I expected it to be a slow week thanks to the holiday season, there was more than enough action to keep a blogger busy with all the big names making news week:

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By the way, if you want to subscribe to my weekly email (similar to notes above), it is 100% free and 100% opt-in. To get on the list email me at thisweek@4realz.net with a request (a simple “please include me on your weekly emails

To Whom it May Concern :)

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[photopress:finger_pointing_796415.jpg,thumb,alignright]I am not sure who or where this letter should be directed.  I am not even sure if I am angry.  Perhaps I am just confused?  Here is my dilemma.  I was born and raised in the Northwest and I guess you can say I bleed rain. purple and gold, lattes and the Seahawks :).  I typically don’t get involved in the political game, however the past couple of years have gotten me to question my NW beliefs.

In my opinion, NW locals take pride in their liberal political beliefs.  In recent years, this liberalism has elected Gov. Chris Gregoire (no comments from the Rossi camp please), King County Executive Ron Sims and Seattle Mayor Greg Nickels.  As I mentioned in my blog almost a year ago, What the Viaduct Vote means (even to those outside of Seattle), it looks as though things are progressing… or aren’t they… there in lies my confusion!

A week ago today, the trifecta of indecision finally joined forces and announced a major step forward in replacing the Alaskan Way Viaduct along Seattle’s central waterfront.  If you read this report you will see that once again, this is another futile attempt by our elected officials to make good on a promise while at the same time creating even more red tape to getting a final decision. “The central waterfront project will be decided through a collaborative process managed by the State of Washington, King County, and the City of Seattle.

A lesson in the dangers of distressed property purchases…

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A friend of mine contacted me the other day about a property investment opportunity that her brother-in-law (BIL) was placing in front of her and her husband. The property in question is located in the city and state where the BIL lives – and it’s far from the Seattle area at roughly halfway across the country. The house reportedly, and confirmed in the report I read, has a major mold issue that has attacked even the underlayment of the floors. (if you want to see some gross mold photos, check out this site) The buyer’s agent and BIL (who agent represents) are attempting to state that the water damage was caused by the former owner having a drug problem and not cleaning up after himself or perhaps because of a water leak in the bathrooms and from a leaking dishwasher. Hmmmmm…..

The house is supposedly being offered off-market at a lowball price of $400k for this tony neighborhood where $550k-800k is the common price points for various sized homes. Even the listing agent is nervous about selling the house with the mold issue but the owner is now deceased and the family can’t afford the home or to fix the home. This tells me that there is likely no insurance money to fix the problem especially if the insurance company deemed it to be failure of the owner to maintain the property. BTW – did most of you know that this is a common disclaimer in most insurance policies? If an insurer can point to an owner’s failure to maintain (ie. ignoring a leak) they can deny coverage. Also, as I’m learning, this particular state has had a rash of insurance companies choosing to deny the option of mold coverage in their policies at all… period because of prior mold problems that required huge insurance payouts.

Now, the price point initially sounds good but my personal concerns surround the mold issue, the fact that it has not been specifically identified in the mold specialist/inspection results, and the amount of work that actually needs to be done to get this house back in to the condition that this neighborhood typically expects. We are getting conflicting reports about the source of the mold and no one has sent my friend photos of the subject property to review. Also, there is the stigma associated with trying to sell a house that has HAD mold – and note I say “HAD” mold because frequently the average consumer can’t get past… well, the past. Agents are required to disclose known material defects, and so are homeowners (at least in WA State), so you’d have to tell a prospective buyer about the issue, even if it was fixed.

The BIL is a contractor and thinks he can replace the floors for about $20k and the only other item he thinks he needs to fix is a broken bathtub. Again, hmmmmmm……. Somehow I don’t think that this will be all that needs to be done.

His (BIL) expectation is that someone else will come in with the money to buy the property and he’ll do the labor and then they’ll split profits. I’m telling my friend/client that there is a lot more that needs to be sorted out and specified in a contract between the parties of the financial investor and the contractor (BIL). Thankfully, she agrees. On top of this issue there are questions of whether or not the house can be purchased with financing (likely not), what type of financing (preferably a renovation loan) is available, can it get insured, will it require oversight (it seems so based on the mold report) and by which entities (city, inspector, insurance, bank? most likely all of the above) and what it will cost to have re-testing done (what if it doesn’t pass?).

After even more phone calls today to the agent I have now learned that the listing agent is actually his secretary who has just gotten her license 2 months ago and that this is her first deal – ever. On top of this news, I also ferret out that the house is in foreclosure so we’re in a short sale position IF the $400k is even accepted. Wait, let’s recount the issues in a quick rundown….

1. mold problems that may or may not have had the water issue fixed.

2. foreclosure with short sale with proposed sale price at 80% of owed amount.

3. estate sale with unknown additional liens, taxes, etc. owed or owing. If the guy was truly a cocaine addict as desribed to us then there could be a lot more outstanding. Also unknown is who is actually selling the house: the widow, the attorney, the lender? Since it’s not yet foreclosed it’s likely the widow or attorney.

4. listing agent that works for the guy trying to be the buyer’s agent (MAJOR conflict of interest and not initially disclosed)

5. 1st time listing agent that has no other sales or negotiating experience working with a guy who has little, if no, experience in short sales.

6. unknown actual costs of repairs

7. no current photos available for review by prospective buyer (yet)

8. unknown lending environment for a distressed and damaged property

9. unknown insurance liability and potential to be an uninsurable property

I know what I think about this deal (a potential disaster) but I’d be curious to hear from others. What are your opinions? Would you go for it, and why? If you wouldn’t touch it, I’d love to hear your comments too.

What it's like to be a mortgage originator today

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As a Correspondent Lender, it’s difficult for me to call myself a mortgage broker or a mortgage banker since I’m an odd [photopress:scrooged.jpg,thumb,alignright]mix of both.  I’m sure my sister-in-law who happens to be the President of our company would prefer to say the “best of both worlds” and she could be right.   This is not what this is post is about.  As a correspondent, we work with about 70 or so different lenders and all of their guidelines; the main difference between us and a broker is that we close in our credit line (more like a bank).   Although we process, underwrite and draw loan docs at our office, we still get to react to what our lenders send us as far as ever changing guidelines.   Here is one example.

At 4:45 p.m. today I received a memo from one of our lenders dated today stating important changes effective tomorrow.  I’m honestly not sure if this lender operates based on west or east coast times.   The memo states:

[Major Lender] is deeply committed to achieving two extremely important short-term goals: 

1) Responding to the current market turmoil in a manner that ensures continued strength and prosperity. 

2) Communicating these changes in a manner that reduces confusion and allows you to focus more time and energy on your customers. 

As new information is processed regarding loan credit performance, we all must be prepared to react quickly and decisively to eliminate the problem areas….This announcement is the result of feedback received from our investors and has our own analysis of the guideline characteristics that are driving under-performance of some loans, and an exhaustive project involving all areas of [Lender] to find opportunities to preserve the intended value proposition of our products while solving the specific credit problem. 

We have new memos constantly being issued per each individual lender we work with regarding what loans they’re wanting and not (what their new guidelines are).   We’re going through another “tightening” with underwriting.   Here are a few samples of what I’m witnessing from various lenders:

  • Credit based pricing all ready in effect for Fannie/Freddie (conforming) loans.  (Some banks are taking advantage of the circumstances and are increasing the rate now.  Possibly to re-coup current or future losses).
  • Non-conforming mortgages topped out at a 90% total loan to value.
  • Stated income and no-income verified mortgages are the ghost of Christmas past. 
  • 45% debt to income ratios for non-conforming no matter what your AUS (computer response) says.
  • Second mortgages are less available (we’ve gone from several lenders offering them to just a couple).
  • Bridge loans are less available.

Not all lenders (banks) have the same guidelines so as a Loan Originator who has many lenders to work with, you need to know you client and put on your dancing shoes!   As a potential home buyer or someone considering a refinance, the more time you have to work with a Mortgage Professional to get yourself in the best postion to have a mortgage, the better off you will be.

A D-I-Y Don't: Divorce

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Legal disclosure:  I am not an attorney, nor do I play one on TV.  Please do seek legal council if you are considering a divorce and before DIY legal documents relating to your marriage or mortgage or real estate.  🙂

I recently met with newlyweds who wanted to start developing a plan to purchase a home together.   The bride was previously married and terminated that union with a do-it-yourself divorce decree and saved money (or thought she did) by not utilizing an attorney.  When they did this several years ago, it made sense to them.  They were amicable and agreed to how they would divvy up their debts and what assets they had acquired at that time.   He would keep the house and the mortgage.   She would sign and record a quit claim deed.    This is where the trouble begins.

A quit claim deed does not remove borrowers from the mortgage and a divorce decree does not remove one’s liability from a mortgage (or other joint debts).

In my clients case, she is now liable for a mortgage on a property she has no interest in except for the debt. 

You would think a borrower could contact the lender and ask to have the mortgage modified by removing one of the ex’s assuming the person retaining the property qualifies for the debt on their own.    This is just not the case.

My client’s ex-husband decided to no longer pay the mortgage.   Foreclosure proceedings are scheduled to begin next month.   Her credit score has plummeted and the mortgage company couldn’t care less about her situation.   She is being sucked into the foreclosure on a property she has not lived in for years.    And she will not be able to qualify for a mortgage at this time.  It is emotionally and financially devastating.

Unfortunately, the only way to safely remove someone’s responsibility to the mortgage is by paying it off.   This can by accomplished by:

  1. Cash (paying off the mortgage)
  2. Selling the property
  3. Refinancing the mortgage

In addition, an ex’s debts from a divorce are factored into the debt-to-income ratio unless the ex has made the payments on time for the past 12 months and the debts are clearly listed in the divorce decree.   If the ex has been late once on an account over the past 12 months, that monthly payment is factored into the debt to income ratios of other ex trying to qualify for a new home.    This isn’t limited to mortgages; it can be joint credit cards, car payments…any joint debts. 

If you own mortgaged property with someone (married or not) and are considering dissolving your relationship, please do not “do it yourself

… And down comes the rain

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After being pummeled by relentless raindrops a couple weeks ago, and as the rain becomes more intermittent, I’ve grown to focus more on embracing Seattle’s warmer temperatures. Luckily, our home was impervious to the floods that left much of Seattle and Southwestern Washington residents feeling like drowned rats. Much of our office, like many, was forced to remain home to cope with the raging floods by siphoning sewage and filthy waters from their soaked basements. And although our townhome (with no basement) escaped the treacherous floods unscathed, the excess water and the damage it wreaked left me feeling rueful for others in our neighborhood who weren’t so fortunate. But in spite of the crippling floods, I must say Seattle’s weather (replete with ample sun breaks) overall is a cakewalk compared with the winter storms that wallop the Midwest.

As I experience my first holiday season in Seattle and with Thanksgiving behind us, I can finally empathize with others who do not have their families nearby during the most cherished of seasons. My Thanksgiving holiday was stung by vapidity, though I cannot say it never has been before, since I have predominantly worked several past turkey days. Though I did take comfort that with my family sprinkled throughout the United States, it was not as if they were hovered around lush, porous cranberries flanked by dark meat poking fun at my absence. However, I am heading back to Chicago (a.k.a. the frozen tundra) for the holidays on Thursday, so although it will be cumbersome dealing with the bitter cold, I am extremely excited to see friends and family that I haven’t seen in some time. Much of the past month my focus has been confined to work and wrapping projects for my class at Seattle University, so it will be invigorating to enjoy a respite from the daily grind, to spend time in the Midwest again, and see so many people I care about again.

Despite the distance from so many loved ones, I am enjoying Seattle and the eye-opening culture that comes with it. Interestingly enough, my roommate said how markedly different I am than I first arrived. My foot-on-the-pedal, fast paced tendencies that I toted with me seem to have abated and it seems my former scales of distress and anxiety have been shed, likely because I have somewhat adapted to the more laid back environment on the West Coast and I’m not tangled in a daily routine I’ve known for too long. Even I have noticed the changes within myself, and I’m not sure if it is just the change of scenery or Seattle, but I am much less prone to panic attacks and much of my stiffness and anxiety has melted when dealing with rough patches lately.

But although I am enjoying my new home, nothing will ever beat going home to Chicago for the holidays!

Kirkland Extreme Makeover – Tonight at 8

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[photopress:070926_kirkand_emhe.jpg,thumb,alignright]I call this “The Little Yellow House That Couldn’t”.  It’s my understanding that the “Makeover” turned into a “Teardown”. 

The show airs tonight, and I will be watching it at The Kirkland Performance Center with a start time of 7:45 P.M. to make sure everyone is in their seats before the show starts.  Sure, I could sit at home and watch it for free instead of $15 (with proceeds to Hopelink), but I want to get a centrally located seat so I can hear the audience reaction.

Will be interesting to see how the show justifies the Teardown vs. Makeover, and hear people’s reaction to what was done over there at The Little Yellow House in Kirkland.  I don’t watch the show, so maybe they always tear them down in order to “make them over”.  Any insight on that from RCG readers would be appreciated.

Should You Buy a Short Sale Property?

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The current market is making me feel older than dirt.  Mostly because there are fewer and fewer agents around who have sold real estate in a previous bad market.  I find myself explaining what is going to happen next, to many who have never been through a short sale from beginning to end.  Even if you take classes about what may happen, it doesn’t replace the experience of living through what actually does happen.

Everyone wants a bargain, especially in this market.  But the truth is that many bargains go to investors and people inside the industry, because they can handle all the hiccups better than owners who plan to occupy the property.  Whether it’s a short sale, a foreclosure, an estate sale or other “discounted” property, often it’s like buying yesterday’s donut.  You can expect something to go sideways in a short sale, and often you can’t get it to go perfectly straight.

short sale1) The closing date may be delayed. In fact you can pretty much count on it.  For someone who is trying to coordinate a move, this can wreak havoc on their life.  If you are trying to link together the sale of your house with the purchase of a short sale, well good luck with that one.  If you are trying to give notice to your landlord and be able to move into the short sale property on a firm given date, not always a reasonable expectation.  Most often short sales involve a series of extentions strung together until it closes. If someone is not planning to live in the house, such as an investor, not a huge big deal.  But for someone trying to move into it, it can be a nightmare of uncertainties.

2) The bank does not approve the sale price. One of the hardest things to understand about a short sale is that the buyer and seller agree to a price, but the bank is the one calling the shots.  Even when you get the HOORAY OK from the bank, the road can be very bumpy to the end.

Say you are buying a house for $820,000 and the payoffs on the seller side are $860,000 including a first and second mortgage and seller’s closing costs including exise taxes.  The 1st mortgage is going to be paid in full, so it is the second mortgage lender who is agreeing to whatever is left after other costs are paid. You send them an estimate that they are going to get $60,000 of the $120,000 owed to them.  They say OK.  Now during the time you waited for them to say OK, guess what happened.  Yup.  ALL THE COSTS INCREASED!  The first mortgage payoff got a lot higher than expected.  The utility bills went into arrears and the utilities may even have been shut off.  The arrearages grew and grew and now the 2nd lender who agreed to take $60,000 is only getting $50,000.

You can see how this can turn into a big yo-yo affect with the buyer feeling like someone is not telling the truth.  Yes the 2nd approved the short sale.  No the 2nd isn’t letting it close now.  You must remember that the 2nd mortgage never approves the sale price of $820,000 in the example above. They approve the amount that they are going to be “short” on their payoff.

The buyer thinks the bank approved the sale price of $820,000 when we got the first Hooray OK, when in fact what they approved was receiving $60,000.  Now when you do the final closing statement and the payoff is $50,000…you are back to square 3.  You are not back to square 1.  You have made progress.  But not as much as you thought and the closing date is again delayed and the sale, again, may not happen at all.

3) Now you get to the final stage.  The bank approves the $50,000 or the buyer agrees to come up with an additional $10,000.  Somehow the gap between the $60,000 approved and the $50,000 left to pay the 2nd mortgage has to be bridged.  Possibly with a little give and take on everyone’s part, including the agents.  The buyer who is now being asked to give a bit more than agreed to at a sale price of $820,000 doesn’t understand why.  “I thought the bank agreed to the price of $820,000?”  Remember, the “shorted” lien holder never approves a sale price.  They approve the “short payoff” which is a moving target! It can get very frustrating and difficult to comprehend and follow.

4) Now the buyer wants to walk through the property the day of signing.  Uh-oh…the utilities are shut off.  Anyone who can’t make their mortgage payment and who is not living in the house, is not likely to keep the utility bills current during this long approval process. Yes it is reasonable for a buyer…normally…to want the utilities on for the final walk through or for the inspection.  But getting them turned on is easier said than done.  Whose name do they get turned on in?  If it is closing in the buyer’s name in 3 days, they likely don’t want the utilities in their name yet.  In fact the utility companies may not even let a non owner/non-tenant put the utilities in their name.  It clearly is not something a lawyer would advise a buyer to do prior to closing.

The seller isn’t forking out any money to get the utilities turned on, they have no proceeds and are not putting any money into the house.  Same goes for repairs.  You walk through and see something wrong with the house and want the seller to get it fixed.  No way Jose.  Seller is walking off with his tail between his legs licking his wounds.  He’s often depressed and disgusted and beat up by life.  He’s not coming over with a licensed contractor to make repairs.

5) The Buyer Agent often agrees to a short commission.  So if you have arranged with your Buyer Agent to recieve a portion of the commission, don’t be surprised if that amount changes at the end.

Lots of headaches.  Lots of uncertainties.  The truth is that investors foresee most of this.  They don’t care as much about the mundane things like what date it will close or making repairs.  They are going to gut it anyway.

So the next time you wonder why investors and insiders always seem to get the best deals, ask yourself this.  Who else would put up with all of this nonsense?  Looking for a bargain?  Great.  Just remember this.  It’s often like buying yesterday’s donut instead of a warm Krispy Kreme straight from the oven.  The taste left in your mouth after all’s said and done…may be a little stale.