Archive for July, 2009

Glad We Cleared Up The Confusion On This Drywall Problem….

Thursday, July 30th, 2009
It appears that while drywall came from places other than China, both the legislation filed in the state of Florida and in Washington DC, as well as the latest report from the Consumer Product Safety Commission, refers to the problem as Defective Chinese Drywall.
 
To avoid confusion, the Florida Association of Realtors will call this issue Chinese/Defective drywall to ensure that we do not create confusion among the membership. 

 

OK..so I am in a sarcastic mood today.  Its OK if you have to read this two or three times to see the distinction.  I did…JWW

I Really Can’t Believe This Was Still Happening…

Thursday, July 30th, 2009

From the Realtor Association of Greater Fort Myers and the Beach, Inc.

Home Short Sale Flips Nixed
 

It may get tougher for investors to flip short sales as Attorneys’ Title Insurance Fund notified its 6,000 member lawyers this week that it will not insure deals made with a popular, but controversial, method of closing flips of short sales. The Orlando-based fund is a major underwriter for lawyers who write title insurance in Florida. The deals in question involve options with homeowners for “the exclusive right to purchase their property for a period of time.” The investor negotiates a short sale with the mortgage holder by convincing it that the price it is offering is the market value of the property. The investor then finds a buyer for a much higher price. The sales happen simultaneously, and the investor pockets the difference.
 
The problem is that the original lender is not told that the buyer is flipping the property on the same day for thousands more than the lender has been told is the market value of the property. The fund’s decision could have a major effect on short sale flips because many investors use lawyers to close deals when traditional title companies won’t.
 

Duh….lets see..fraud was one of the big things that caused the problems we have today.  It is what fed the whole system to allow the investment bankers to sell more and more mortgage backed securities.  So, apparently, there are still a lot of folks who still are able to game the system.  If you had asked me I would of told you that you could not pull this off in the world we now live in.  Apparently I was wrong.

Beware The Meth Lab Past of A Home

Monday, July 27th, 2009


Cooking Meth – video powered by Metacafe

 

Some types of criminal activity in the past of that cute home you are considering purchasing will cause you no headaches in the future..literally.  But when the criminal activity involved the home being a meth lab…watch out!  How can a buyer look for signs that a home may offer poisons from its past? 

Chemist Lynn Riemer Of The Denver North Metro Drug Task Force (also known as the Martha Stewart of meth labs) provides the following list of signs a meth lab may have been present in a home:

1. Yellow discoloration on walls, drains, sinks and showers.

2. Blue discoloration on valves of propane tanks and fire extinguishers.

3. Fire detectors that are removed-or taped off.

4. Burning in your eyes, itchy throat, a metallic taste in your mouth, or breathing problems when in the home.

5. Strong odors that smell similar to materials often found in a garage, such as solvent and paint thinner, or odors of cat urine or ammonia.

What may surprise you is the state of Indiana had the second most meth lab incidents in the USA for 2008 according to the US Drug Enforcement Administration.  In fact, if you total first place Missouri’s 1,471 cases with second place Indiana’s (724), almost 60% of the incidents in the USA are covered.  You can also review historical maps and see that this issue has been huge in these two states for some time now. 

When considering purchasing a property where there is no history known or disclosed (this would mean all foreclosures) ..what can you look for?  I found this site that offers pictures of unusual finding in vacant homes that most likely point to a meth lab.  Don’t go into a purchase ignoring these signs!

Estimates to clean up a home that was a meth lab often run $30,000-$50,000.  Hopefully I have provided some resources that you can use to avoid these expenses long after the closing is complete.

 

 

Indianapolis Plans To Take Even More Aggressive Stance On Vacant Homes

Saturday, July 25th, 2009

We have seen the demolition of properties by the city in the past when our clients refused to spend the money needed to bring the home to the city’s minimum standards.  Our clients who have knowingly allowed this to happen in general are not the large servicers we normally work with.  Instead, they tend to be the bulk investor buyer who ends up with a property that more money spent on it is chasing good money after bad.  Unfortunately, one of the problems in the disposition of REO assets today is the servicers choosing to take lower priced properties and selling them in these bulk packages.  By no means am I suggesting this is something else our government needs to dictate, but it is placing a lot of homes into the hands of owners who are not local and have no idea what they have acquired.  The typical retail disposition of properties significantly improves on the idea that a purchaser does some due diligence prior to purchasing one specific property.  The problem is the process is much more time consuming.  Bulk sales offer a much easier disposition option.

The City of Indianapolis announced some pretty tough steps to deal with properties where the owners have refused to make the repairs, or provide the maintenance, the city considers minimum.  Often I have seen that these vacant homes are not really vacant by the former homeowner, but are now owned by an investor, often fitting the typical bulk sale buyer described above.  The city may actually be providing this investor a service by demolishing the property and  eliminating the liability.  Understood, what choice does the city really have.  There is a lien placed against the remaining land for the cost of the demolition.  Finally, the plan includes settling this lien by taking the land from the owner.  The reason it will work?  The bulk investor buyer has already written it off.  The community benefits in many ways. 

A good plan and one that I hope works.  Read more from the Indy Star.

 

 

New Data Confirms Foreclosure Trends Vary By Location

Wednesday, July 22nd, 2009

When we first started working with foreclosures in 1996, we did not have the daily headlines and statistics of foreclosure filings and trends.  Today, it is a daily occurance across all media.  I do not pay any attention to any of the headlines that compare May foreclosures to May 2008.  Ridiculous to look at the comparable month data.  To many factors play into how these numbers vary. 

I feel only slightly better about quarterly figures.  With the amount of modifications, moratoriums, and backlogs in this industry, a much longer time line needs to be examined.   it is for this reason I found the news last week of the six month comparables a little more informative.

Take aways from the RealtyTrac.com press release:

Indiana ranked 13th in the nation with 24,665 foreclosure filings in the first six months of 2009.  This amount of filings represented a 10.7% drop from the same six month period of 2008.

Florida ranked second in the country for the first half of 2009 (behind only Nevada and Arizona).  In Florida, one in 33 homes received at least one foreclosure filing in the first half of this year.  With 268,064 properties receiving a foreclosure filing in the first six months of 2009, Florida documented the second highest state total. Florida foreclosure activity in the first half of 2009 increased 7 percent from the previous six months and was up nearly 42 percent from the first half of 2008.

In our other market, Texas, the story is quite different.  Texas continues to enjoy a strong economy based in a diversified group of industries.  Employment has not fallen like it has so many other places.  There was also never the speculative housing issues common throughout the first part of the decade.  Texas ranks 29th with one in every 192 housing units receiving a foreclosure filing in the first six months of 2009, a 14.4% decline from the previous years first half.

What to conclude?  The foreclosure crisis is rooted in a limited number of areas.  It is a national problem in that these areas have dragged down the rest of the nation.  We are getting close to a point though where housing will no longer be the whipping boy for all that is wrong with the economy.  With Indiana’s improvement in the rankings, but unemplyment in excess of 10%, it would appear other issues are taking hold that will additionally hurt the economy.

The full RealtyTrac press release can be read by clicking here

 

In general, it is very hard to aggregate foreclosure statistics.  RealtyTrac has been doing it the longest and seem to have the business of identifying trends down to a science.

Top Ten Items To Consider When Making An Offer On a REO Property

Tuesday, July 14th, 2009

Property_5166_1020_reg.jpgIn David Letterman fashion..here are my Top Ten Items to Consider When putting together an offer on a REO property.

10. Cash or Financed?  Cash will almost always rule for one of these properties unless the purchaser is considered to be offering “dirty” money.  Dirty money means (for those of you new to this game) that it probably was not obtained using legal methods.

9. Contingencies?  Forget about it.  You write a bunch of contingencies into your offer and you might as well start looking for something in the traditional market. The only common contingencies that do get accepted, when no better offers are available, involve successfully completing financing or an inspection within a very limited time line.

8. While we are on contingencies….lets look at Inspection Days.  Don’t expect a bank to give you any more than 5 calendar days. 

7. Per Diems: Don’t let your agent tell you these do not get enforced.  They DO get enforce and many an unhappy buyer has incurred an extra $750 in per diem charges because nobody on his team realized that banks do enforce these penalties for not closing on the contract date.  Typically these charges may run as high as $150/day.  If your agent tells you to not worry about these, I would tell the agent to not worry about you as a client anymore either.

6. Home Warranties: Unless the bank has a program where they are offering one to a buyer, don’t clutter up your deal by requesting one.  If you want a home warranty, pay for it yourself outside of the deal.  By the way-ask your agent to rebate part of their fee for the warranty if they sell it directly to you!

5. If a property goes to Auction..it may not be the best deal anymore.  I will probably get my hands smacked on this one but you really may lose the opportunity to buy the property as inexpensively once an auction starts.  Beware the auction company premiums…sometimes you will pay an extra 5% straight to the auctioneer. 

4. Earnest Money is negotiable but if you are serious about securing a property, don’t spend a lot of energy bucking what the bank is telling you they need to have.  Remember, they have something you want and this is a term they expect to set.  Often, cash offers require a 10% escrow.  Plan for $1000 on most properties.  Sometimes properties under $50,000 can be secured for $500, but I would not plan for that.

3. Closing dates need to be sooner than later.  The best idea is to set the date as 30 days from contract acceptance.  Don’t worry, if the bank needs more time… they will get it.  If you need more time, please refer back to #7 on per diems.  Why push the closing date and run this risk?

2. Look at how long a property has been on the market (Days on Market).  If it has been listed in the last 30 days, you are not going to get a big discount so if that is what you want, don’t waste a lot of people’s time on an offer.  It won’t happen..no matter how much factual documentation you have that the property is over priced.  The opportunity to potentially buy at a significant discount to list comes when an REO is aged.  By that I mean over 90 days on the market.

1. Finally..drum roll please…AS-IS means AS-IS!  It is really very simple.  Bank properties are sold as-is.  Your offer should provide you time for whatever inspection is needed.  But be warned..due to the high number of offers being made by investors who have never stepped into the home, and who then plan to inspect it and cancel the contract within the inspection period, the game is changing.  These folks have caused the banks to stop being willing to even allow inspection contingencies…forcing you to figure out if you wish to make an offer by actually inspecting the home.  Imagine that?

AS-IS means AS-IS!  I think someday I will create a Bank Asset Manager doll that you pull a cord and this is what they say! 

 

Lennar identifies 400 Florida homes with Chinese drywall

Saturday, July 11th, 2009

In Lee County, Lennar has identified Chinese drywall in some of its houses and was one of the most aggressive builders in dealing with the issue. Lennar stripped some houses in its Bella Terra subdivision in south Lee County of all drywall and other building materials that could have absorbed the chemicals. The residents were then returned to the homes after they were rebuilt.

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What Do They Mean By Sold As-Is?

Monday, July 6th, 2009

1450 Bay Shore 006.jpgFor reasons associated with cost, return, and liability, most bank servicers do not want to perform repairs to a REO property.  Therefore, most REO are marketed sold as-is.  In just a few cases, such as Fannie Mae in some markets who is rehabbing to bring foreclosed homes to owner-occupant buyers, it is up to the buyer to assess what will need to be done to make a home marketable, and the cost to do so.  When a property is marketed “as-is” what can a potential buyer expect?  In most cases, not much.  Buying a home marketed as-is requires the knowledge and skills to assess all parts of the property to assess cost and risk.  It is not a game for the inexperienced, or long distance investor.  Most REO homes require a hands-on buyer for just this reason. 

Lets start with a list of what a bank WILL do.  The good news, I have never seen a bank that would try to sell any home with a trash mound like the one in this picture (taken at an actual Wilmoth REO property).  Banks will perform trash outs.  They will try to offer personal property back to the former owners within the requirements of the local legal system.  The bank will usually do what is necessary to stop a problem that risks causing further damage and loss of value to a property.  The bank will maintain the exterior to a minimum standard required by the local community (lawn, windows, access).  Security of the property will also be provided to the extent the location dictates (steel shutters, boarded windows and doors, deadbolt locksets, etc).

In the category of issues MAYBE the bank will deal with- we have mold.  Water intrusion and the resulting damage is usually tackled by stopping the water damage and then assessing the risk to humans of entering the property.  Lesser amounts of mold are usually left to a new owner to remove.  More serious cases of mold are reviewed and a decision is made whether to market the home utilizing a mold waiver for all parties to execute prior to entering the home, or for the bank to tackle the mitigation process.  In general, this decision rests often with the marketing plan and the expected final buyer (occupant or investor).  The process of mitigating mold could open the bank to liabilities they do not care to assume.  It also usually requires such extensive repairs as part of the process, it likely means a full rehab project for the parts of the home involved.

In the last ten years a new problem has been found increasingly in homes, particularly in more rural areas.  Methamphetamine labs are commonly using a residential home as a cover for their operation. Upon finding a home that was used for the production of meth, the REO broker needs to take precautions and not inhale the air, but obtain a full set of photos.  Remediation will usually become the responsbility of the owner (via foreclosure).  This is a very expensive project as it commonly affects all parts of the property.  Toxins may have saturated the home structure so severely that demolition is the final outcome.  I have never seen a home utilized as a meth lab sold on an “as-is: basis.

Another issue are “grow houses” which basically are homes converted to the full time germination and harvesting of marijuana plants.  Other than a persistant odor that must be removed, this is not as serious of a cost to repair.  Banks will generally remove all carpet and provide fresh paint and a good sterile cleaning.

A new issue being found in the southeast US is the construction of homes around 3-4 years ago with defective Chinese drywall.  Unfortunately, there is not a standard available for determining if this drywall is emitting a hazardous toxin in the air, or just an unpleasant odor.  Either way, having visited several of these homes, the effect of this drywall makes it unreasonable to expect an occupant to reside with the odor.  There is also corrosion to brass fixtures and hardware.  At this time, most banks seem to be taking these properties off the market to determine a strategy for their liquidation.  Assuming no hazards are found in the drywall material, I expect that banks will sell these properties as-is to investors who will strip the home of all the drywall and refinish the interior.  Obviously this will cost the banks in the form of huge losses on each property.  The decisions being considered today will likely involve the fact so little is known about this issue that holding the properties until it is all sorted out is also very costly.

There are many issues facing homes that develop due to simple lack of maintenance.  In general, these issues will be part of the purchase price when a REO property is sold.  There are exceptions and I have tried to identify some of the more significant ones.  Each situation is unique and I would never proclaim this is a comprehensive list.  Time will add new issues..just as a year ago we were just starting to learn about chinese drywall.