You have a right to know! When you turn over your personal financial information to a loan officer, make sure you know who you are giving your information to. There are new laws regulating Mortgage Loan Brokers.
The new law, 12 CFR Part 226 (Reg Z Docket No. R-1366) (eff. April 1, 2011) states that mortgage loan originators may not receive compensation based on the interest rate or other loan terms.
The Federal Reserve Board (Board) has published final rules amending Regulation Z, which implements the Truth in Lending Act and Home Ownership and Equity Protection Act. The purpose of the final rule is to protect consumers in the mortgage market from unfair or abusive lending practices that can arise from certain loan originator compensation practices, while preserving responsible lending and sustainable homeownership. The final rule prohibits payments to loan originators, which includes mortgage brokers and loan officers, based on the terms or conditions of the transaction other than the amount of credit extended. The final rule further prohibits any person other than the consumer from paying compensation to a loan originator in a transaction where the consumer pays the loan originator directly.
The Board is also finalizing the rule that prohibits loan originators from steering consumers to consummate a loan not in their interest based on the fact that the loan originator will receive greater compensation for such loan. The final rules apply to closed-end transactions secured by a dwelling where the creditor receives a loan application on or after April 1, 2011.
Another law, SB 1137 (eff. Jan. 1, 2011 which amends Sections 10137, 10139, 10166.01, and 10166.02 and adds Section 10166.051 of the CA Business and Professions Code; Amends Sections 22104, 22107, 22109.1, 22109.4, 22112, 50002, 50141, 50144, and 50700 of the CA Financial Code) regulates mortgage loan originators and their license endorsements.
Among other provisions, this law makes it unlawful for a real estate broker to employ or compensate, directly or indirectly, any licensee for engaging in any activity for which a mortgage loan originator license endorsement is required if that licensee does not hold a mortgage loan originator license endorsement. It is a crime for a person to act as a mortgage loan originator without a license endorsement or to advertise using words indicating the person is a real estate salesperson or a mortgage loan originator without having a license or license endorsement. It also authorizes the DRE Commissioner to deny, suspend, revoke, restrict, condition, or decline to renew a mortgage loan originator license endorsement, or take other actions, after notice and opportunity for a hearing, under specified conditions. See the DRE Web page for all the details at http://www.dre.ca.gov/lic_sb36_safe.html.
In addition, this law requires a licensed finance lender or broker that employs one or more mortgage loan originators that makes residential mortgage loans to maintain a net worth of $250,000 and if only arranging but not making such loans to maintain a net worth of $50,000.
For more information visit: www.crestico.com
That Short Sale May Not Be A Good Deal
Lately – I have had many of my clients interested in short sales. I have tried to explain to them that not to be deceived by the name “short sale” because it’s quite deceiving. Neither word, “short” or “sale” has any truth to it in this instance. The time a short sale takes is not “short” and it’s definitely almost always never a “sale” in the sense of the word that includes a discount or “deal” of some sort.
Short sales take place when values drop and homeowners do not receive enough cash from a buyer to pay off their existing mortgages and think ONLY happens when lenders (the true “owners”) agree to accept less than the amount owed to them in exchange for releasing the current homeowner from his/her obligations to the bank.
On the surface, it seems a short-sale buyer is getting a bargain. But, most of the time a buyer would be better off buying a home that is not in default and not a short sale.
Why?
First let me tell you that because agents get paid no matter what kind of sale, they’re not going to tell you not to consider a short sale. But in the interest of bringing integrity and honesty back to the real estate industry (where, I feel it is severely needed) I will tell you the truth.
First, the Seller probably paid too much to begin with. If a home sold for $700,000 in 2005 and is now for sale at $500,000, that doesn’t mean the buyer is picking up $200,000 of equity for free. It means the seller paid too much in a rising market and now the market has fallen. It means the seller has no equity in the house and each of his mortgage payments has basically been trashed.
Next, the Seller probably borrowed too much against the house. Remember when HELOCs were ALL the rage and people were cashing out to go on trips? Remember those mortgage bankers that told you to refinance and cash out your equity and then you will be able to do it again in six months? What they were NOT counting on was the market crash and as well all know – it crashed. Hard. Years ago, the banks that were eager to lend money in upwardly moving markets – and they even let borrowers to over-encumber (that means owe more than it’s worth) the home, meaning the borrower’s loan balance exceeded the value of the property. Appraisals are subjective, and not all appraisers will place the same value on a home. Although against the law, some appraisers are pressured by banks to appraise at the amount the home owner wants to borrow.
Next, remember, short sales have strict requirements. Inexperienced or unethical real estate agents might influence a seller into a short sale when the seller doesn’t necessarily qualify. The banks require lots of things when determining whether or not to approve a short sale.
Another thing to remember is that, as a rule, homes sell at Fair Market Value. The bank that owns the short sale you are looking at is a highly sophisticated institution and knows exactly how much that home it worth. They will always get a comparative market analysis (something I provide all of my clients when they are considering making offers) to determine the value of a property. If the bank thinks it can make more money by foreclosing, it will not approve a short sale until it sees a profitable transaction for itself. Banks are here to make money – for themselves, not you. The bank will wait until it gets an offer at a price that it is willing to accept, and that price is going to be close to fair market value. If you are lucky enough to be dealing with an approved short sale. That is the minimum price that the bank will accept. Remember, this price has taken months to arrive at along with a lot of research and analysis. You can’t haggle the bank into a lower price and you definitely won’t get one below market value.
The condition of the home is another factor in considering a short sale. In regular transactions, closing costs, repairs and inspections can be negotiated and often shared between buyer and seller. But in a short sale, because the Bank is paying the closing costs more often than not, they are not going to pay for anything else. These other costs include things like: Suggested repairs disclosed on a home inspection, Pest inspections or work necessary to issue a clear pest report, Roof certifications or roof repairs, Home protection plans for the buyer, and Deferred maintenance. Because lenders rarely will pay for any extras, like a seller would be willing to do, if you want any of those extras, you will pay for them yourself. Sometimes lenders will refuse to pay for standard seller closing costs such as transfer taxes, too. If you want specific inspections, you will probably pay for them out-of-pocket.
When do you want to move? If you are looking at a short sale, you’re not looking at a 30-day transaction. Depending on when the Notice of Default was filed, the lender’s back-log of foreclosures and how much paperwork the seller has already submitted, it could take anywhere from two weeks to six months to get a response on a purchase offer from a lender. In addition, if two lenders are involved because there are two loans secured to the property, it could take longer to satisfy the demands of the second lender. If you need to close escrow by a specific date, lots of luck with that. A short sale home closing process takes an indefinite amount of time. The seller’s lender calls the shots, not the buyer nor the buyer’s lender. If you are trying to close escrow concurrently with the sale of your home, it might not happen.
The Bank is in charge. Some lenders reserve the right to renegotiate the terms of the short sale at the last minute. If the market changes, new laws pass or new information crosses the lender’s desk, the lender can attempt to change the terms of the contract. Lenders generally have lawyers at their disposal, and ordinary buyers do not.
These are all things to consider before and when buying a short sale. I’m sure you’re thinking it doesn’t as good as it seems. Great rule to live by: if it sounds too good to be true, it probably is.
As always, we at Crestico Realty are here to help answer all your questions about real estate. Please visit our website at http://www.crestico.com for more information regarding this and any other real estate topic.
Communication is a word that we often hear but rarely think about. We know it is important and we know we are supposed to do it on a daily basis (like brushing our teeth) but very few of us actually dedicated time and energy to the act of it. Communication becomes particularly important in business relationships, especially your relationship with your real estate agent. You would think a person that sells and buys real estate for individuals would know how to communicate effectively, but as of late, I am coming across many situations that show me that just is not true.
Recently, I had a showing in a popular community with hundreds of homes in the complex. At the gate of the community were over 50 lockboxes holding the keys to the various units that have been listed for sale. I was showing only 5 units that day, and had made contact with over 10 agents in the days preceding the showing day to set up appointments and let the agents know that I would be showing their listings. Of the over 10 phone calls and emails I made and sent, only 5 got back to me in time and 3 still have not contacted me (three weeks later). This was my first tip-off that perhaps these agents are not experts at communication.
Next, on showing day I arrived at the gate where the lockboxes were and proceeded to get the keys for the units I wanted to show. To my utter and absolutely disbelief, I found myself facing lockboxes with no indication of who the agent was or what the unit number was. There were some agents who had taped their business card to the lockbox or used a permanent marker (oddly enough) to write the unit number on the box – but the overwhelming majority were blank. I could not believe this. How does one think he/she can sell a listing if the showing agents and prospective buyers cannot gain access to the unit?! I made a few phone calls, only one of which was answered and finally opened the lockboxes and got the keys. Some of the boxes had multiple units’ keys in there with no labels, again! This pattern was beginning to alarm me and my clients finally arrived so I brushed it off and we began our tour.
Now, I had made appointments and given courtesy notice that morning to all of the agents of the units I would be showing. Two of the units were vacant so that was no problem, but the last three still had people living in them. One family I felt particularly bad for, was trying to put their baby to sleep when I rang the doorbell and ended up with a crying infant because their agent had forgotten to tell them that their home would be shown today (by appointment!). Another lady had just gotten out of the shower and was more than shocked and surprised that anyone had made an appointment to see her home.
I write this today to let all you prospective sellers and buyers know to ask your agent about these things and be aware that although you may think your agent is a key communicator, he or she may not be. A communicative and professional agent would have let his or her clients not only know that someone was coming by to see the unit but would also conduct himself/herself in such a professional manner as to make it easy and stress-free for a prospective buyer to want to purchase the home. In this unique market, and in the aftermath of the mortgage crisis, we as real estate agents should work towards reviving the professionalism and integrity of our industry so that we can do our part in this nation’s recovery. Recovery starts with one person who changes the image of the unprofessional and shady real estate professional in the mind of just one client who then changes the mind of another and so on.
Is Buying A Home Still a Good Investment? Lately, many of my colleagues and friends have been asking me whether I think buying real estate is still a good investment. While it may seem like renting a property that is easier to get out of, costs less to maintain and is more easily negotiable to get into is a better choice than dealing with selling agents, competitive cash offers from investors and escrows and taxes; I firmly believe that it is NOT. You may think, "Sure, of course SHE doesn’t want us to rent, she wants us to buy – that’s how she makes money" so keep reading and decide for yourself.
First we need to define what is considered a "good" investment. There used to be a time when people would see huge returns on their investments, be they in stock, bonds or real estate. In a recession however, all kinds of earnings and returns are diminished. This leaves investors to re-define their idea of a "good" investment. Sometimes, they may consider an investment that does not lose value as a "good" investment, other times nothing less than doubled value would be considered "good." Generally speaking, according to most economic theorists and financial advisors, any investment that is yielding a 5-8% annual return is considered a "good" return. This leads us to a discussion of ROI.
Often you will find people talking about ROI. Historically, ROI (Return On Investment) has been a common method for individuals and companies to measure how "good" of an investment they have made, based on the rate of return that they have enjoyed. When trying to determine whether a particular real estate purchase is a good one – one would need to consider a few things. Real estate’s value depends mainly on its location. (I know you’ve heard it "location, location, location") Often, communities that are built to support big educational institutions or employers (think big name colleges and the neighborhoods close to them, or big factories and suburbs created to house the families of the workers) tend to enjoy more stability in terms of price and rate of return than others, even in times of depression and recession. By looking at the location of the real estate, you will have more information about whether or not it is a good investment. Surveying historical values over time in the area will allow you to see the retention of prices in the area.
Ultimately, as an investor you will need to gather information not only about the property you are considering purchasing, but also the surrounding neighborhood, historical values and proximity of institutions that can contribute to the stability in price. Overall, investing in a home, even at this time in our economy can yield the same (if not better) return as investing in stocks or other types of investments. The key difference would be that you can live in, build a home in, create a family in and achieve your dreams in a piece of real estate whereas a stock certificate can not provide these intrinsically satisfying things for you.
Lately, many of my colleagues and friends have been asking me whether I think buying real estate is still a good investment. While it may seem like renting a property that is easier to get out of, costs less to maintain and is more easily negotiable to get into is a better choice than dealing with selling agents, competitive cash offers from investors and escrows and taxes; I firmly believe that it is NOT. You may think, “Sure, of course SHE doesn’t want us to rent, she wants us to buy – that’s how she makes money” so keep reading and decide for yourself.
First we need to define what is considered a “good” investment. There used to be a time when people would see huge returns on their investments, be they in stock, bonds or real estate. In a recession however, all kinds of earnings and returns are diminished. This leaves investors to re-define their idea of a “good” investment. Sometimes, they may consider an investment that does not lose value as a “good” investment, other times nothing less than doubled value would be considered “good.” Generally speaking, according to most economic theorists and financial advisors, any investment that is yielding a 5-8% annual return is considered a “good” return. This leads us to a discussion of ROI.
Often you will find people talking about ROI. Historically, ROI (Return On Investment) has been a common method for individuals and companies to measure how “good” of an investment they have made, based on the rate of return that they have enjoyed. When trying to determine whether a particular real estate purchase is a good one – one would need to consider a few things. Real estate’s value depends mainly on its location. (I know you’re heard it “location, location, location”) Often, communities that are built to support big educational institutions or employers (think big name colleges and the neighborhoods close to them, or big factories and suburbs created to house the families of the workers) tend to enjoy more stability in terms of price and rate of return than others, even in times of depression and recession. By looking at the location of the real estate, you will have more information about whether or not it is a good investment. Surveying historical values over time in the area will allow you to see the retention of prices in the area.
Ultimately, as an investor you will need to gather information not only about the property you are considering purchasing, but also the surrounding neighborhood, historical values and proximity of institutions that can contribute to the stability in price. Overall, investing in a home, even at this time in our economy can yield the same (if not better) return as investing in stocks or other types of investments. The key difference would be that you can live in, build a home in, create a family in and achieve your dreams in a piece of real estate whereas a stock certificate can not provide these intrinsically satisfying things for you.
Mitra Karimi
Realtor – Broker
Crestico Realty
www.CresticoRealty.com
