Real Estate News & Updates from the Monadnock Region
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720px-US-FederalHousingAdmin-Logo.svgThe Federal Housing Administration is the most enduring legacy of the New Deal and second only to the Sherman Anti-Trust Act in its positive impact on the lives of the average American and consumer; both have remained intact for multiple generations and have become established in our cultural expectations about the economy and our society. The FHA was one of the earliest parts of the New Deal passed by Congress and signed into law by President Franklin D. Roosevelt in the first hundred days of his administration. The purpose of the FHA was to stabilize the US Housing market after the devastating effects of the bank failures and illiquidity of the first years of the Great Depression. Prior to the creation of the FHA most home mortgages were either demand notes, mortgages that could be called at any time by the lender/bank, or were single year balloon notes that were due with interest at the expiration of one year with the traditional expectation that the loan would be re-negotiated with the bank at the end of the year at whatever the then current market rate for interest rates on mortgages so that banks and thrifts making loans on homes would not be stuck with mortgages at below market interest rates.

 

From 1933 to the mid 1980’s the FHA functioned more or less unchanged. FHA mortgages could be made on any single family home or multi-family home up to four units with a government guarantee that the FHA would make any approved lender whole in the event of a default. Much like today’s real estate market, real estate prices went into free fall in the early years of the depression due to the inability of home owner’s to cover the demand calls by banks and thrifts that called the mortgages resulting in previously unheard of numbers of Foreclosures which only resulted in further depressed prices which only resulted in further drops in prices – the proverbial downward spiral. The FHA stemmed the tide of these foreclosures by allowing home owners to refinance with long term thirty year loans, (yes this is the basis of the modern thirty year mortgage), and allowed FHA mortgages to be assumed by anyone if the existing owner no longer could afford or wanted the house. In the mid-1980’s the FHA changed it’s rules and no longer allowed carte blanche assumptions of home mortgages as a way of moving the government “out of the housing market”. This move however has not served the public well as the easy assumability of FHA mortgages stemmed the tide of foreclosures in many earlier recessions and prevented wholesale implosions of housing as we have had in the last few years.

 

The following is an excerpt from my New Hampshire 40 Hour pre-licensing class.

Congress created the Federal Housing Administration (FHA) in 1934. The FHA became a part of the Department of Housing and Urban Development’s (HUD) Office of Housing in 1965.

When the FHA was created, the housing industry was flat on its back:

  • Two million construction workers had lost their jobs.
  • Terms were difficult to meet for homebuyers seeking mortgages.
  • Mortgage loan terms were limited to 50 percent of the property’s market value, with a repayment schedule spread over three to five years and ending with a balloon payment.
  • Americawas primarily a nation of renters. Only four in 10 households owned homes.

During the 1940s, FHA programs helped finance military housing and homes for returning veterans and their families after the war.

 

In the 1950s, 1960s and 1970s, the FHA helped to spark the production of millions of units of privately-owned apartments for elderly, handicapped and lower income Americans. When soaring inflation and energy costs threatened the survival of thousands of private apartment buildings in the 1970s, FHA’s emergency financing kept cash-strapped properties afloat.

The FHA moved in to steady falling home prices and made it possible for potential homebuyers to get the financing they needed when recession prompted private mortgage insurers to pull out of oil producing states in the 1980s.

By 2001, the nation’s homeownership rate had soared to an all time high of 68.1 percent as of the third

quarter that year.

The FHA and HUD have insured over 34 million home mortgages and 47,205 multifamily project mortgages since 1934. FHA currently has 4.8 million insured single family mortgages and 13,000 insured multifamily projects in it

s portfolio.

In the more than 60 years since the FHA was created, much has changed and Americans are now arguably the best housed people in the world. HUD has helped greatly with that success.

What is the FHA and What do they do?

How is FHA funded?

FHA is the only government agency that operates entirely from its self-generated income and costs the taxpayers nothing. The proceeds from the mortgage insurance paid by the homeowners are captured in an account that is used to operate the program entirely. FHA provides a huge economic stimulation to the country in the form of home and community development, which trickles down to local communities in the form of jobs, building suppliers, tax bases, schools, and other forms of revenue.

 

 

What is the Federal Housing Administration?

The Federal Housing Administration, generally known as “FHA”, provides mortgage insurance on loans made by FHA-approved lenders throughout the United States and its territories. FHA insures mortgages on single family and multifamily homes including manufactured homes and hospitals. It is the largest insurer of mortgages in the world, insuring over 34 million properties since its inception in 1934.

What is FHA Mortgage Insurance?

FHA mortgage insurance provides lenders with protection against losses as the result of homeowners defaulting on their mortgage loans. The lenders bear less risk because FHA will pay a claim to the lender in the event of a homeowner’s default. Loans must meet certain requirements established by FHA to qualify for insurance.

Why does FHA Mortgage Insurance exist?

 

Unlike conventional loans that adhere to strict underwriting guidelines, FHA-insured loans require very little cash investment to close a loan. There is more flexibility in calculating household income and payment ratios. The cost of the mortgage insurance is passed along to the homeowner and typically is included in the monthly payment. In most cases, the insurance cost to the homeowner will drop off after five years or when the remaining balance on the loan is 78 percent of the value of the property -whichever is longer.

By Dick Thackston CRB, ABR, ABRM, Broker NH, MA & VT

http://www.hud.gov/offices/hsg/fhahistory.cfm

 

Photo Credit: http://en.wikipedia.org/wiki/File:US-FederalHousingAdmin-Logo.svg

 

 

CORONA, Calif., March 12, 2012 /PRNewswire via COMTEX/ — PartnerFirst is pleased to announce the renewal of its contract with ServiceLink as its nationwide short sale agent network. Through this alliance, now entering its third year, thousands of distressed homeowners can use PartnerFirst agents to resolve their mortgage problems.

PartnerFirst powers the ServiceLink Short Sale Agent Network which connects distressed homeowners with qualified real estate professionals. Through its education platform, including the Pre-foreclosure Specialist Certification (PSC), PartnerFirst educates agents to help distressed homeowners.

Regarding the ongoing alliance with PartnerFirst, Leo Esposito, ServiceLink’s Senior Vice President of Loss Mitigation and Asset Disposition, said, “ServiceLink is pleased with the agent education services and the quality of agents provided by PartnerFirst to power the ServiceLink Short Sale Agent Network. This marks the third year that the two firms will be working together to achieve solutions for the nation’s housing crisis.”

ServiceLink, the national lender platform of Fidelity National Financial, has managed over $10 billion in short sale transactions, working with five of the nation’s top ten lenders. With its experience in working with lenders, investors, mortgage insurers, and junior lien holders, ServiceLink has the flexibility to provide efficient solutions and expeditious closings.

The short sale alternative preserves neighborhood values, minimizes loan loss severities for investors, and provides a dignified resolution for distressed borrowers.

For more information, or to sign up as a ServiceLink short sale agent, visit: http://www.servicelinkfnf.com/downloads/ShortSaleAgentPackage.pdf .

SOURCE PartnerFirst

By Dick Thackston CRB, ABRM, ABR

The Office of the Comptroller of the Currency has begun sending out letters to borrowers who have faced foreclosure since 2009. It is estimated that approximately four million borrowers foreclosures may have been mishandled between January 1, 2009 and December 31, 2010. Federal regulators and most of the nation’s largest home mortgage servicers announced earlier this week.

Cases will be reviewed by Federal Regulators as a result of an agreement established in April of this year in which the nation’s fourteen top mortgage servicers agreed with regulators to hire independent consultants to evaluate foreclosure processes and determine if borrowers had experienced financial injury as a result of errors or abuses by servicers. It will be up to the independent consultants to evaluate cases and determine compensation if any due to borrowers.

The Comptroller of the Currency as well as the Federal Reserve will be sending mails between now and the end of the year to notify potential victims of their rights. A mass media campaign is planned as well to direct borrowers to the website www.IndependentForeclosureReview.com or the toll free number 888.952.9105. All requests for review must be submitted by April 30, 2012.

The mortgage servicers and the government agreed that the servicers would pay all the expenses associated of setting up the program. Under government supervision they have hired eight independent consultants that have designed the program to be at no cost to the borrowers. The consultants have set up the website and call center noted above. The program is designed to encourage borrowers from all lenders to use one portal and there is uniform branding and product design to be clearer in the public mind than a number of different sites would be to the public.

There are several basic patterns that the consultants will be looking at to determine wrongdoing and these include miscalculation of fees, a foreclosure that happened while a borrower was under bankruptcy court protection and the most common one in my experience a foreclosure that was done while a borrower was waiting for a response on a loan modification.

This program is a direct result of last year’s robo signing scandal and the investigations that followed. About a year ago it came to public light that many mortgage servicers were cutting corners on due process when foreclosing on properties and either not properly executing documents or simply faking documents to expedite the large number of foreclosures they had on their hands.

This program is a good solution to an unfortunate situation. Objectively, most of these borrowers were in fact behind and many if not most were ready and willingly left their properties to begin over, however that does justify short cutting the legal protection of property rights built into our system of property ownership over the last thousand years from Common Law to Current Law.

By Dick Thackston CRB, ABRM, ABR

The actual answer to the question in our title is very little.

From the street level- were you and I both are as buyers, sellers and REALTORS – mostly what it tells us is it’s not our imagination the people who make up these statistics only give a portion of the story or leave large parts of the story out.

I have absolutely no doubt that Home Sales Dropped 3%! In fact I’m sure of it!

But here’s what I think happened. The majority of sales at this point are in fact bank owned properties and Short Sales. For the last several months a large percentage of REO’s have been tied up either with Title Problems and/or litigation. The stream of buyers in the market while not as large as it once was seems constant at this point. Since early this summer there has been a decline in available REO inventory for these two reasons. Value Conscious Home Buyers have been out looking but have not been able to find satisfactory properties or the properties they have found have been snarled up with Title Problems.

Why, you may ask, did these buyers just not buy regular retail properties on the market from non-REO sources? The simple answer is they are waiting. They are waiting for REO inventory to become available, they know it’s coming and they are VERY PRICE CONCIOUS. The majority of retail home sellers and their agents still have an unrealistic expectation about pricing and many have had their properties on and off the market at the same or very nearly the same price for several years. It’s just not going to happen. Home Buyers in this market have lots of information, most of it good, some of it bad, but it’s more information than any other group of Home Buyers has had in history before making a decision to purchase, and Home Buyers are not betting the market changes anytime soon.

The good news is that as the litigation and Title Problems now seem to be clearing more inventory is coming on the market and lenders have started to embrace the short sale process rather than fight it so Short Sales are becoming more far more viable then they were even a year or so ago. To be sure lenders are not going to leave money on the table or sell for less than current fair market value but the approach they are taking now seems like a good thing for everybody and that doesn’t get picked up in the statistics.

Bottom line is the viability of the inventory is improving and buyers are responding even though we are likely years out from an actual fix in the housing market.

The Great Recession that has shaken the American Economy and Housing Market over the last five years has taken many would be home buyers out of the market and loaded the Home Buyer psyche with skepticism however it has not generated an increase in the demand for buyer brokers. In fact if anything the willingness of buyers to contract with Buyer Brokers appears to be in decline and the willingness of agents and agencies to provide buyer brokerage services appears to have declined.

 

Buyer Brokerage, properly understood by the consumer and properly handled by the Buyer Broker is an excellent program and an excellent service for any home buyer in today’s market.

 

The top ten things when getting involved in Buyer Brokerage follow:

 

# 1. Find a Buyer Broker that you feel you can know like and trust. This person is going to need to have both your attention and confidence. Remember you’re not hiring them to be your best friend you’re hiring them to help you make solid business decisions.

# 2. Understand that you are HIRING the Buyer Broker which means you will be responsible for PAYING the Buyer Broker. Most agents will be happy to accept as compensation whatever fee is offered through their local MLS however sometimes listing brokers will not pay a fee or will not pay a reasonable fee and it will be your responsibility to handle this cost. Discuss this in detail when you hire the Buyer Broker.

#3. ONLY HIRE A BUYER BROKER WITH TRAINING IN BUYER BROKERAGE. Lots of agents and agencies will agree to be paid as a buyer broker but very few have actually training in Buyer Brokerage. The top level of training for a Buyer Broker is an Accredited Buyer Representative Manager a designation offered exclusively through the National Association of Realtors, Real Estate Buyer Agent Council.

#4. Have some idea of what you want and were you want to live. It’s the Buyer Broker’s job to help you figure out the best value for you but you need to understand your own needs and wants so the Buyer Broker can help you figure things out.

#5. Listen to the Buyer Broker. Most Buyer Brokers can send you to good service providers: Loan Officer’s, Title Companies, Home Inspectors etc and do so to help you get good service – no other reason, really.

#6. Find out if your chosen Buyer Broker requires a retainer and how that’s handled. Many Buyer Broker’s require a retainer when you contract for services. Most refund that after a successful closing, some do not establish how this item is handled when you sign your contract.

#7. Establish the level of service you expect and the level of service your Buyer Broker is ready willing and able to provide. Some buyer brokers will check zoning, building permits and title issues; some will not work with For Sale by Owner and non-MLS listings be clear about how these issues are handled.

#8. Establish an exit plan. Sometimes relationships just don’t work out or sometimes your situation will just change. Be clear at the beginning of your relationship with the Buyer Broker how things can be ended if you don’t feel the relationship is working out.

#9. Understand the agency laws in your state. Every state has different rules governing the actions and relationships of the real estate agents with the public – no two are exactly the same.

#10. Make sure you know who the boss is. When contracting any licensed professional for services make sure you know who they report to and who regulates Buyer Brokerage in your state. There is NO STATE where Buyer Brokerage is regulated by the REALTORS.

By Dick Thackston

Bankruptcy doesn’t generate much real estate business from people who file who don’t want their properties anymore because they’ve already let them go to foreclosure.

In 2005 Congress significantly changed the Bankruptcy Code. Means tests were added for Chapter 7 filings as well as any number of other dramatic changes intended to make it harder for individuals to file for bankruptcy. In part this lead to the increased level of consumer lending both on credit cards and against housing. The operative assumption on the lenders side was that individuals and families would not want to loose their homes, that home values would always go up and that consumers for the most part would not be able to dispose of credit card debit in Bankruptcy due to the means test. That’s not how things have worked out.

Enter the “Great Recession” and the fickle and rational nature of the modern American Consumer.

The first action the Great American consumer took was to run up their Home Equity Lines and subsidize their credit cards with these monies. Credit cards became such a mainstay of American thinking in the last ten years that life without these seemed un-imaginable. Credit Cards became more important than homes. As the market tightened Americans started trying to sell their homes in a declining market so they could pay their credit cards off or keep them current and when that stopped working, to the astonishment of more or less everybody, Americans stopped making mortgage payments but kept their credit card debt current so “we can still use our cards to buy stuff”.

The next part of the process went like this: stop paying your mortgage, apply for government aid and stall off foreclosure for many times as much as a year, then try for a short sale, short sale fails, let the house go to foreclosure, stay in the house, wait for bank to pay you to leave, just before they throw you out file for bankruptcy and extend the time frame for several more months, leave with no obligations to anyone for mortgage or credit cards. Keep car, move to new city, start over again.

By Dick Thackston

I’ve gotten a consistent stream of questions from buyers about buying real estate out of Bankruptcy Court and the reality is there aren’t a great number of these, in fact they are quite rare. There are a couple of reasons bankruptcies don’t generate much in the way of real estate sales: most people who want to keep their homes don’t loose them in bankruptcies and people who don’t want their homes let them go to foreclosure before bankruptcy.

People who want to keep their homes can and often do use the Bankruptcy Court to stop a foreclosure. Filing for Bankruptcy is done electronically and can be done right up to the last minute by a competent Bankruptcy Attorney and “stop the clock” so to speak. I also emphasize “competent Bankruptcy Attorney” because going to Bankruptcy Court is a highly specialized field and I have seen many people use attorney’s who are not familiar or do not do normally practice in this field make a mess of people’s filings and needlessly loose assets.

There are two basic kinds of Bankruptcy: Chapter 7 total liquidation of debit and Chapter 11 reorganization of debt; in either case a homestead and many other types of real estate can be retained. New Hampshire has a fairly reasonable homestead deduction $75,000 per person, so a couple can have up to $150,000 in equity in their home and not be forced to sell. More often than not over the last several years people have had little or no equity in their homes so families that want to keep their home can continue to make their payments and dispose of most other non-secured debt in a Bankruptcy filing of either kind and not loose their home.

There are a couple of other situations regarding Bankruptcy and real estate that are worth considering as well non-homestead property would not be subject to homestead protection and non-reaffirmation of debt after discharge. In the case where an individual completing a Bankruptcy owns a property but owes more or almost as much as it may be worth it may be possible to retain the property, as long as the loan remains or can be made current, simple because there is no economic incentive for any other creditor to pursue taking his property – there’s literally no money in it. The idea of re-affirmation of debt means that in the Bankruptcy a property owner tells the lender on his property he will re-affirm his personal guarantee of the original loan. While this may be noble it may not actually be required by the lender, it will have minimal if any positive impact on the post Bankruptcy credit score and can create a real problem in the person who filed later wants or needs to sell the subject property and still has no equity. I had a customer who had owned his own business and filled a Chapter 7 Bankruptcy after his building business fell apart when the “Great Recession” started a few years ago and he had two mortgages on his house. When he obtained employment outside our area and had to sell his home as a short sale he found that he had not reaffirmed his first mortgage and the readily wrote off $100,000 however his second mortgage of $20,000 which he had reaffirmed wouldn’t take a dime off and he had to pay the whole amount off.

By Dick Thackston CRB, ABRM, ABR

Many people have asked me over the last two or three months why I have moved my REALTOR affiliation from the Monadnock Board of REALTOR to the New Hampshire Commercial Investment Board of REALTORS. Comments have ranged from the “What is NHCIBOR anyway?” to “How could you, you’re a past President and past REALTOR of the Year for the Monadnock Board?”

NHCIBOR is a statewide REALTOR Board that focuses on statewide opportunities for customers and clients and it offers membership in NECPE, the New England Commercial Property Exchange. One of the big changes we have seen over the last five years since the economy turned down is property sellers and buyers both residential real estate and commercial real estate looking at broader markets. (I mark the beginning of the current “Great Recession” with the third quarter of 2005. If you don’t remember that far back the FED raised interest rates at the end of June 2005 to “slow down housing” and provide for a “soft landing”. It was in the third quarter of 2005 that we first saw the weird divergence between sales unit volume and sales price volume that always signals a housing downturn: the number of houses sold declines but the average sales price increases.) Anyway back to the main point as we’ve seen the needs of the market develop since 2005 it has been increasingly apparent that real estate in New England is changed.

NHCIBOR works together with the Vermont Commercial Investment Board of REALTORS and Maine Commercial Investment Board of REALTORS to create a unique real estate market that is three states wide at the same time that this increases my commercial clients exposure it also increases my residential clients exposure as well by adding additional sources for marketing and finding investment properties that are basically Residential real estate and/or Property Management oriented investment real estate.

In the week ended March 5, 2011 my inventory update through the NECPE portion of NHCIBOR which is a joint venture between the NHCIBOR, Vermont CIBOR and Maine CIBOR generated nine lead and two direct inquires for my sellers. Sixty-six new listings were added and one hundred seventy eight listings were updated; there were online training session everyday of the week and eighty-eight articles about real estate were posted.