Archive for July, 2009

A few weeks ago, President Obama made yet another announcement about the banking and housing markets. This latest one will be an enormous overhaul of regulations on banking and the financial industry. So, since a new government plan will soon be unveiled promising to save us all from economic ruin, it might be a good time to evaluate the successes or failures of previous government plans.

Since the banking meltdown began in the summer of 2007, there have been dozens of attempts by the politicians and bureaucrats to discourage bad lending, encourage lending to the poor, provide incentives to investors, reduce CEO pay, making housing affordable, prop up housing prices, divert money from private employment to new government jobs, and so on. Have these dozens of regulations helped yet?

One of the first programs was the Hope Now Alliance, developed to help banks, the government, and homeowners work together to modify mortgages that were in danger of foreclosure. The program was voluntary for the banks to participate in and more borrowers ended up with expensive repayment plans than actual loan modifications. But even the modifications have a 60-75% redefault rate.

To help financial institutions that had created securities out of mortgages but had no buyers, regulators proposed a Super Conduit to funnel investor money into these worthless securities. At the time, the government thought the problem was frozen markets — in reality, the freezing markets were only a symptom of the problem that no one trusted or wanted these bad loans any longer. There were no buyers for the super conduit.

In April of 2008, the government decided to provide insurance for $300 billion in new refinance loans, along with giving $15 billion in handouts to the state governments. The refinance insurance was designed to assist close to 500,000 borrowers, although it does not seem to have made much of a dent in the foreclosure rates for the country as a whole.

A few months after this, in July, the Federal Reserve came out with some of its most obviously unnecessary regulations. It finalized new rules requiring mortgage lenders to verify borrowers’ incomes and their ability to pay back mortgages that were made. In all honesty, any bank not doing this deserved to go out of business, but apparently the Fed had to waste time and resources to tell the banking system not to kill itself.

In December of 2008, President Bush announced a the new FHA Secure program, another voluntary plan which encouraged banks to lose money and recognize losses on their balance sheets. The plan was to freeze interest rates on mortgages, although this was after many rates had already reset to higher monthly payments.

By now, everyone knows the fate of the Hope for Homeowners program, which was another brilliant idea to save homes from foreclosure. After being given over $300 billion, the end result has been one family facing foreclosure has received a new loan. The remaining applicants did not qualify for government help or their banks would not participate in the voluntary plan.

And months after President Obama’s economic stimulus plan was passed, unemployment in almost every sector of the private economy is increasing. The only real job gains (besides the figures the government just makes up) have come from the government hiring people. Unfortunately, though, this is just another drag on the economy as the state produces nothing of value in the market.

The one regulation that props up all the bank failures and encourages mindless lending decisions is the FDIC insurance on bank deposits. The entire regulatory structure of banking encourages the financial institutions to take excessive risks with depositors’ money, knowing that the government will step in and bail everyone out in case of disaster. This is the regulation fueling the fraud and it has been increased.

But now, the regulators in Washington who set the economy up to fail, did not recognize the severe problems in giving loans to the destitute, and denied the collapse as it was happening, are now going to give us a new regulatory structure. How these people were ever believed when they proclaimed themselves the experts and saviors of the economy is completely unbelievable.

Nick publishes information for the My Personal Bankruptcy Lawyer website, which attempts to educate borrowers how filing for bankruptcy really works. The site examines the different forms of bankruptcy, how to avoid filing, and the best resources debtors can utilize if it becomes unavoidable. Visit the site today to read more about financial hardships, foreclosure, debt negotiation, and more: http://www.mypersonalbankruptcylawyer.com/

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Home Renovators BEWARE!

The modifications look great! You say your client and his buddy did it? Well I can see they are very talented. I just have one question. Did they get the proper permits and have the job inspected?

Maybe it s just me, but I seem to have run into more than my fair share of home renovation projects lately that have the “missing permit syndrome”.

I sell Charlotte NC real estate. One home I came across yesterday had a recent major renovation done. The tax records didn’t jive with the square footage listed in the MLS. Tax records not consistent with the actual home size, happens all the time. So do home renovations. The flag for you as a real estate agent, is the obvious home renovation, like this one.

The garage was converted and an extra bathroom was added. They must have been inspired by HGTV because everything looked over the top gorgeous. This was a beautiful job. It looks great on the surface, but how can you tell if there are any underlying problems?

After talking with the listing agent, he said he “was sure the updates had permits. My seller did a professional job! Heck, look at the workmanship”. I persisted after his puffing and insisted he get verification from his sellers. Two hours later I get the call back. “We may have a problem”.

I told him “There is no we, and there is no may. You and your Sellers definitely have a problem”.

The Seller never pulled electrical, structural, HVAC, or plumbing permits. They didn’t “think” there was a need as they knew how to do it right.

So the extra 400sqft, and the beautiful bathroom, and the new cool breeze, have a red badge of courage.

Here in Charlotte NC, you can still have all of this inspected and permitted retro. It just takes time and extra work (if the work was done up to code). And even if it s not up to code, it can still be fixed. Again, more time and extra work.

But what if nobody asked? What if assumptions were common practice?

Permits and inspections are for everyone’s benefit. They are to insure the quality of the work and safety of the occupants of the house. You may be surprised on how many homes are infected with the missing permit syndrome.

Some real estate agents take the visually pleasing addition way too casually and take many things for granted.

I recommend you make darned sure you ask if permits and inspections were completed. In addition, let your Sellers know the ramifications if they weren’t. If the house burns down after closing…or it floods due to an excessive rain; your sellers can look for a non disclosure lawsuit. Pretty serious stuff. Failure to Disclose about building permits is a big issue that puts the Sellers (and everybody involved in the sales transaction you, the sellers agent) in jeopardy. There may be homeowner insurance issues as well.

These questions should ring true for Buyer agents as well. It can also prove to be a big problem for future buyers down the road when they go to sell the property. I m sure many of you can think of other ramifications.

And for the unfortunate buyer who bypasses an agent and deals directly with Mr. FSBO, Caveat Emptor.

Failure to Disclose about building permits is a big issue that puts the Sellers (and everybody involved in the sales transaction) in jeopardy. God forbid an electrical problem from the work causes a fire or the plumbing causes some awful backup or costly leak. There may be homeowner insurance issues as well. It can also prove to be a big problem for future buyers down the road when they go to sell the property. I m sure many of you can think of other ramifications.

We all know the mantra chanted by brokers: disclosure, disclosure, disclosure.

But how do you disclose if you don’t ask the right questions? Ignorance is not bliss concerning the basics of building permits and not when it comes to Charlotte NC Real Estate.

Claude Cross is Broker/Owner of Homes By Cross. We are located in Charlotte North Carolina, and specialize in Charlotte NC Real Estate and Relocation. Come take a tour of our area at: http://www.homesbycross.com

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