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Bogus Marketing Is Everywhere

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | March 8th, 2013

Lenders and others in the housing community have been warned -- repeatedly -- about misleading advertising. But precious few alerts have gone out to their potential victims.

The latest to bear the wrath of regulators were lenders approved to originate government-insured mortgages. They were told recently by Carol Galante, assistant secretary for housing and commissioner of the Federal Housing Administration, to stop insinuating that loan approval is a slam dunk just three years after a foreclosure.

It's not, of course. Although you may be able to qualify, you first have to re-establish good credit, and fully documented underwriting is required. So the "suggestion" that someone automatically qualifies is just not so.

"Automatic" is one of those buzzwords solicitors like to use to snare unsuspecting victims. But it's far from the only one. "Free," of course, is another, as are phrases such as "no obligation" and "no payments necessary." Ha!

One of the most insidious ploys that mortgage market tricksters use is to make their messages appear as if they come from the government. There probably isn't a man or woman among us who hasn't been on the receiving end of an official-looking envelope from Uncle Sam. Only it's not.

Upon close inspection, that seal in the upper left corner isn't a real seal of a real agency. But if someone is at the end of his rope and hopes the government will ride to his rescue, he might give the envelope a quick glance and then open it. And once he does, the fish may be hooked.

In November, the Consumer Financial Protection Bureau and the Federal Trade Commission told a dozen mortgage lenders and brokers to clean up their acts regarding "potentially misleading" advertising, including mailings that contained official-looking logos or had other characteristics indicating a government affiliation or connection.

Some outfits have used a photo of the Statue of Liberty or other iconic federal structure to make recipients think the mailing is from a government agency. But there's no such thing as the Department of Residential Refinancing or the Office of Foreclosure Rescue.

Ladies and gentlemen, the government does not advertise. But if you are not sure, look up the agency in the blue pages of your telephone directory. If it exists, it will be listed. If it's not listed, it's phony.

Then there are what the FTC calls "official look-alikes," the ones that say something like "Important Notice From Your Mortgage Company" or "Open Immediately, Important Financial Information Enclosed."

Beware: These kinds of missives often are from a rival outfit trying to snatch you away from your current lender or loan servicer. They find your information legally in the public records and then use it to make you think you are dealing with your current company.

Lenders aren't alone in their zeal to corral unsuspecting consumers. Builders are sometimes guilty, too. And realty agents have been known to fudge listings -- adding a nonexistent fourth bedroom, for example -- to attract customers to an otherwise ordinary property.

The nefarious Top 10 list of complaints assembled by the Consumer Federation of America is riddled with housing-related gripes. Mortgage-associated grievances are the second most frequent complaint, followed by home improvement issues (third), utilities (fifth), landlord/tenant problems (seventh) and, new to the list last year, time shares (ninth).

Even media outlets that carry real estate advertising have been warned a time or two by the FTC to stop running bogus advertising.

Just how big a problem is deceptive advertising? Over the years, the FTC has brought numerous actions against companies in the mortgage lending field, nailing several large judgments that have returned millions of dollars to consumers.

Five years ago, the FTC sent letters to more than 200 advertisers and media outlets, warning about deceptive content. For example, some ads touting super-low loan costs used the term "payment rate" as opposed to "interest rate," while others failed to point out that the low advertised figure applied for only a short period.

In 2009, the consumer watchdog agency issued a rule to strengthen protections against deceptive mortgage ads. Among other things, the rule banned misrepresentations concerning fees and terms associated with home loans, the type of loan offered and the variability of payments, and the likelihood of obtaining financing at the stated terms.

The rule applies to all entities within the FTC's purview -- mortgage companies, brokers and servicers; real estate agents and brokerage firms; and homebuilders -- but not banks, savings institutions or credit unions. And the shady stuff keeps coming.

The joint CFPB-FTC advisory in November warned nearly a dozen mortgage firms and others to clean up their advertising acts, especially as they applied to senior adults and military veterans. The ads in question baited unsuspecting borrowers with false terms, much the way auto ads quote lower leasing costs to mask the much higher monthly payments associated with buying a car.

Now the FHA has told lenders that "misleading advertising will not be tolerated." Maybe so, but that won't stop advertisers from pushing the limits -- and going a step or two beyond. So buyer, beware. Be at least skeptical of what you read, and proceed cautiously.

As Sgt. Phil Esterhaus said on "Hill Street Blues," "Be careful out there." Or perhaps this stronger admonition from the 1986 Jeff Goldblum film "The Fly" is even more applicable: "Be afraid. Be very afraid."

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Release Date: Friday, March 1, 2013

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | March 1st, 2013

EASING THE MORTGAGE PAYMENT PINCH

What Congress giveth, Congress taketh away. And so it was that on Jan. 1, most wage earners found themselves a little light in the paycheck.

The reason, of course, is that lawmakers late last year allowed the 2 percent cut in the employee portion of the FICA tax to expire. That benefit was enacted in 2010 to put more cash in taxpayers' wallets during the tough economic downturn.

But the greater tax burden doesn't mean would-be homebuyers need to put off taking advantage of some of the lowest mortgage rates in eons. You can raise your take-home pay to where it was -- or perhaps bring home even more money -- by simply increasing the number of allowances on the tax form you fill out at work.�Exactly how much more take-home pay depends on how much interest you pay on your mortgage and how much you pay in property taxes. But the more allowances you claim, the less federal income tax your employer will withhold.

Many people report only their dependents -- four, for example, in the case of a married couple with two children -- on Form W-4, the Employee's Withholding Allowance Certificate. And every April 15, these taxpayers have to settle up with Uncle Sam. Others claim no dependents whatsoever, even if they have several, preferring instead to pay more than their fair share of income taxes in advance and use the Treasury as a sort of forced savings account.

In either case, though, these people are using as their banker an institution that pays absolutely no interest. They are giving the government free use of their money -- money they could use to pay their bills, including their mortgage, or place in an interest-bearing savings account.

Savvy taxpayers try to match their withholding with their actual tax liability. To the best of their ability, they determine in advance how much they'll owe when the final tab is figured, and they adjust their withholding accordingly. That way, they maximize use of their earnings and meet their income tax obligations at the same time.

Even the Internal Revenue Service advises taxpayers to check to make sure their withholding matches their actual tax liability. "If not enough tax is withheld, you will owe tax at the end of the year and may have to pay interest and a penalty," the federal tax collector says. "If too much tax is withheld, you will lose the use of that money until you get a refund."

Form W-4 asks taxpayers to list their allowances so their employers can withhold the proper amount from their pay. But allowances are not only dependents. They also include deductions that can be taken for any number of expenses, including mortgage interest and property taxes.

To increase your cash flow, you can reduce the amount of income tax withheld each pay period by claiming special withholding allowances for every deduction you intend to take when you file your federal return.

All taxpayers are entitled to the actual number of exemptions claimed on their returns. A special withholding allowance of one additional exemption is allowed when the taxpayer is single and holds only one job, or is married and has one job and a spouse who does not work.

Additional allowances also are permitted for "excess itemized deductions," as long as they don't exceed the sum of last year's deductions and the amount of "determinable additional deductions" for the coming year. Determinable deductions are those that are attributable to an identifiable event during the year, such as a binding obligation to make payments. In other words, interest on a new or increased mortgage and property taxes.

Of course, you'll have to itemize to take advantage of these write-offs. If you claim the standard deduction, they won't do you any good. And if your total deductions don't exceed the standard one, there's no reason to take the trouble to fill out a long-form return.

But if itemizing makes sense, use the worksheet on the reverse side of the W-4 to determine the correct number of allowances. Currently, each allowance claimed frees $3,900 of annual wages from withholding.

Say, for example, that you purchased your first home on June 30 last year. On your 2012 tax return, you claimed itemized deductions of $6,600, which was the sum of the mortgage interest and property taxes you paid during the first six months of ownership.

Based on those amounts, you can expect to claim roughly $13,200 for those two deductions on your 2013 return. So, if you divide $13,200 by $3,900, you come up with three more allowances that you can use to increase your cash flow.

Now take the case of someone who bought a house three years ago with a three-year adjustable mortgage. On Jan. 1, the rate of his $200,000 loan, now paid down to $188,997, jumped the maximum 2 points, from 4 percent to 6 percent.

At the new rate of 6 percent, the total mortgage interest paid this year would be $11,261, compared with just $7,643 last year. That's an increase of $3,618, or one extra allowance.�But if this owner hadn't increased allowances during the time he had owned the house, he could boost his take-home pay even higher by claiming perhaps three more allowances. And that's not counting what he pays in property taxes.

The worksheet on the back of the W-4 will help you figure the maximum number of withholding allowances you are entitled to claim so the amount of tax taken out of your wages will match as closely as possible the total tax you will owe at the end of the year. IRS Publication 919 (available online at irs.gov) also contains more complicated worksheets you can use to project your withholding.

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Protecting Against Structural Calamities

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | February 22nd, 2013

New homes may be new, but they are rarely perfect.

Houses are giant puzzles with hundreds of parts, all manufactured at different locations and carried to the building site. And try as they might to put together a flawless product, builders and their numerous subcontractors don't always get things right.

Luckily, buyers are more likely to have to deal with cosmetic defects than out-and-out structural failures. Scratched refrigerators, broken bathroom tiles and faulty electrical outlets are far more prevalent than badly cracked foundations or sagging roofs.

But structural defects do occur. According to recently released data from 2-10 Home Buyers Warranty, owners of new homes are as likely to experience major structural damage -- big cracks in the walls, windows and doors jammed shut, buckled floors -- as they are a major fire.

This isn't to warn buyers off new construction. Previous research has found that just one in 20 houses will experience a major structural hit over its lifetime. But one in every four will experience "some" structural distress.

Based on his review of more than 10,000 structural claims over a 32-year period, Walt Keaveny, chief risk manager of the Denver-based warranty company, says structural problems can occur from day one. But most claims are reported between four and seven years after initial occupancy.

Total losses are not common, but claims can be expensive. According to Keaveny's analysis, it costs $42,000 on average to investigate and repair a structural claim.

With this in mind, here's how this warranty company's chief management expert says homebuyers can best protect themselves from such catastrophes:

-- Deal only with builders who offer an insurance-backed new-home warranty from a reputable company. That may sound self-serving. After all, 2-10 HBW is the country's oldest and largest new-home warranty company. But it is wise advice. A 10-year warranty against structural defects is a must, especially in areas of expansive soil -- roughly half the country.

Most warranty companies underwrite builders to make sure they are qualified, which is another reason over and above the homeowners insurance protection to have a warranty. And with an insured warranty, if your builder should refuse to repair your house or go out of business, you still will be covered.

-- Coverage should start from the day you close on the house, and it should not exclude damage caused by soil movement. Researchers have found that active soils cause more property damage than floods, earthquakes, tornadoes and hurricanes combined.

The two main causes of structural damage are active soils that settle, heave or move laterally, and fill material that is not compacted to code requirements. Only 20 percent of structural claims have to do with framing; the rest concern foundations.

-- Ask if geotechnical engineers have been involved in your home's design. If so, says Keaveny, you are only up to half as likely to have a structural issue.

In a geotechnical investigation, subsurface conditions and geologic hazards are explored by drilling holes and pulling samples. These tests determine if the soil is expansive and if fill dirt has been properly compacted. Findings are given to the structural engineer so he is not working blindly when designing foundations to fit the conditions.

-- Consider hiring your own independent home inspector. Government inspectors might inspect the home, but they are making sure only that construction meets minimum code requirements.

An independent inspector should examine the house as it is constructed -- once just before concrete for the foundation is poured, again when the walls go up but before the drywall and insulation are installed, and finally when the place is completed.

Keaveny says his company requires its builders to have at least these three inspections. "If you wait," he says, "it's too late."

-- Check the grade around the house. It should fall at least 6 inches in the first 10 feet from the foundation. If it does not, water will flow back toward the foundation instead of away from it.

In areas with expansive soils, or if your house has a basement, it's best to use gutters and downspouts to carry rainwater at least 5 feet from the foundation.

If your property is graded properly, don't change it. One of the biggest mistakes owners make is to change the grade with flower beds and shrubs against the house.

-- Make sure you receive a copy of the warranty company's performance standards booklet. Controversies have arisen over the years about home warranty coverage. The booklet will spell out exactly what is considered a structural defect under your policy, so you will know exactly where you stand.

Absent this, purchase a copy of the National Association of Home Builders' "Residential Construction Performance Guidelines."

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