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Some Knotty Land Issues Getting Easier

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | June 21st, 2013

How hard do you think it might be to obtain a mortgage on a patch of real estate in Yellowstone Park? If you answered "pretty difficult," you'd be right.

But there are more than 40 million acres of land in the United States where it has been nearly as daunting to get a piece of the American Dream as it would be to put up a house next to Old Faithful.

The land in question is called trust land, and it is owned by the federal government, much as our national parks are. It is held "in trust" for American Indian tribes on their reservations.

Just how hard is it to get a mortgage on trust land? The Government Accountability Office did a survey some years ago and found just 91 mortgages were made on all of the country's reservations during the five years between 1992 and 1996. And Indian Country, in aggregate -- not all reservation land is in trust; there is private property there as well -- is about as big as Utah. In short, Indian Country has been a mortgage nonstarter.

That's been changing in the years since that GAO survey. Lenders and tribes have come up with workarounds, like the leasehold mortgage. There, the tribe assigns a lease to one of its members for reservation land. The lender gets a security interest only in the improvements, not the land.

But for the most part, lenders aren't happy with half of their usual collateral.

Enter the federal government. In 1995, the Department of Housing and Urban Development started the HUD 184 mortgage. This was an effort to duplicate the kind of private mortgages most Americans can get in their neck of the woods. It's a pretty sweet deal for the lender, too. Uncle Sam guarantees 100 percent of a lender's outlay. That's right: It's practically impossible for a lender to lose money on a HUD 184 loan.

From a slow start, the HUD 184 has developed into a considerable success story. As of the end of the last federal fiscal year, HUD had guaranteed $2.7 billion in mortgages to individual American Indians and Indian tribes.

Granted, not all of that was on reservation trust land. In fact, the majority of the loans have been on private property, called "fee simple" by the lawyers. But according to Tom Wright, who heads the program at HUD, most of the loans have been either on reservation or within a few miles of tribal homelands. And the credit quality of the loans has been sensational. As of the end of fiscal 2010, less than 1 percent were in foreclosure.

Some 2,000 mortgages have been made on trust land since the program's inception. Compared to the 91 in the GAO survey, that's a twentyfold increase. And in addition to the HUD program, a Department of Agriculture mortgage has also made some inroads into Indian Country. The Rural Housing Service Section 502 and Section 504 mortgages include both guaranteed loans and direct mortgages from lenders.

Who takes an interest in these remote rural areas with their scattered populations? Well, at least 100 lenders have qualified to do HUD 184s, including Wells Fargo and other large lenders. Why? For a nationwide lender, reservations are part of their footprint, no matter how remote. And these are primo loans when it comes time for complying with the Community Reinvestment Act.

The Census Bureau estimates that as of 2011, there were 5.1 million American Indians or Alaska Natives in the United States, including those who classified themselves as members of more than one race. More than a million of them live in Indian areas. Moreover, the Native population is growing by leaps and bounds -- 27 percent between 2000 and 2010. And there is pent-up demand on reservations among the tens of thousands of people who hold government or casino jobs.

A complication with reservation land is that not all of it is trust land. Over the years, tribes and individuals have sold off land to raise cash, leaving a "checkerboard" effect. The sold-off land then reverts to private property, or fee simple, status. Often enough, lenders take the path of least resistance and make mortgages on the private property parts of reservations where the land issues aren't as complicated.

One case where mortgages have taken a true foothold into trust land comes from the Bay Mills Indian Community in the Upper Peninsula of Michigan. The 3,400-acre reservation, nestled on the shores of Lake Superior, isn't checkerboarded. And its leaders have adopted homeownership as a public policy.

Cheryl Causley, housing director for the Ojibwe tribe, said that as of last year, 74 of 324 homes on the reservation have mortgages on them. And she knows of six more mortgages closed for tribal members this year. That means 20 percent of the houses on tribal trust land have mortgages -- quite a high percentage.

What's the key to this success? Unemployment is fairly low, 12 percent or so, with the tribe's two casinos providing jobs to lots of tribal members. A job, you might remember, is a very hopeful sign that a borrower will repay a mortgage. And the tribe has built relationships with several lenders through the HUD and USDA mortgage programs.

There are still real estate issues at Bay Mills. For one thing, the reservation is landlocked, despite being on the shores of one of the Great Lakes. There aren't a lot of lots on which to build. Why? When Uncle Sam drew up the reservation boundaries, he included lots of what's officially known as wetlands. You would call them swamps, and they're not great for homebuilding.

But where there's a will, there's a way. The tribe negotiated a land swap with the U.S. Forest Service for a nice dry hilltop site where it will build 78 single-family homes and a commercial area, once it can raise the estimated $6 million pricetag.

There's another successful mortgage strategy that can be brought to bear on Indian Country. Remember those 91 mortgages made during five years of the 1990s? They were made to just two of our more than 500 tribes. One of the tribes was in Wisconsin, the other in the Pacific Northwest, but they had something in common. They were part-owners of the lenders who extended their members the mortgage finance.

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A Clean House Is a Best-Seller

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | June 14th, 2013

When it comes to the little things that sellers do to make their homes stand out from the competition, a new splash of paint is usually at the top of the list. Sprucing up the front yard and removing the clutter you have learned to live with over the years also rank high.

But the No. 1 step you can take, according to a survey of real estate agents, is cleaning the place from top to bottom. Spending a few hundred bucks for cleaning supplies, rolling up your sleeves and getting to work will pay huge dividends, dollar for dollar, according to nearly all the 500 agents who participated in the HomeGain poll.

Actually, cleaning has ranked as the top home improvement suggested by realty professionals ever since HomeGain began asking the question in 2003. In the latest survey, the agents said spending $400 on cleaning is likely to gain sellers $2,000 more at closing. That's a 400 percent return on investment.

Of course, there is clean and then there is really CLEAN! Here are some tips gleaned mainly from the folks at The Maids, a residential cleaning service with about 150 franchises in 40 states, with suggestions from Mary Moppins thrown in for good measure:

-- You may not look up when you walk around your house, but would-be buyers do. They look everywhere, so knock down any cobwebs, clean the blades on the ceiling fans and remove the dust that has built up on the top of window and door frames, as well as other places it tends to accumulate.

Now look down and clean your baseboards.

-- Wash the windows, inside and out. Professional house cleaner Mary Findley, aka the aforementioned Mary Moppins, cleans windows with a 32-ounce spray bottle filled with 1/3 cup white vinegar, 1/4 cup rubbing alcohol and the rest distilled water.

For best results, wash windows on a cloudy day. Sunlight dries the glass quickly, causing streaks.

-- You'll want to shower your place with light to show it off, especially at night, so remove the bugs that have accumulated in your light fixtures and clean the glass. Replace the bulbs with new ones. That way, Findley says, you won't have a burnout during a showing.

-- Clean the stove and oven. If you have burner drip trays, replace them. The cost is minimal, and they will make the range sparkle. As an alternative, Findley suggests placing dirty drip pans in a plastic bag with a 50/50 mixture of water and ammonia. Let sit for a day, then scour and rinse.

Don't overlook the range hood -- not just the top, but also underneath where grease tends to accumulate. Spray foaming tile and tub cleaner, wait a few minutes and wipe.

-- Window treatments tend to trap dust and odors. Dry-clean or at least vacuum drapes. Roll up blinds to remove them. Then loosen and wash in a tub of warm, soapy water with a cup of white vinegar. Rinse and lay flat on a towel outside to dry.

Alternatively, hang the blinds outside with the slats facing down. Spray from bottom to top with foaming tub and tile cleaner, a Findley favorite. Sponge off with water, then flip them over, turn the slats in the other direction and repeat. "Sparkling blinds in 15 minutes," Findley says.

-- Eliminate lingering odors in the dishwasher by running it with a couple tablespoons of Tang, the powdered breakfast drink.

-- Decluttering goes along with cleaning. Since lookers will peer in your kitchen cabinets and drawers, take everything out, pack away what you're not using and neatly restack what's left -- but not before wiping the shelves and drawers clean.

-- Cabinet doors don't need to be replaced or resurfaced, just cleaned, Findley says. Start with a wood cleaner to deep-clean the doors, than apply a wood restorer to replenish the finish.

-- Shampoo carpets and then vacuum daily. "Nothing screams 'clean' like visible carpet pile lines," according to The Maids.

Wood and tile floors should be mopped. Clean the grout, too. If your linoleum floor no longer holds a shine, strip it with a janitorial-grade wax remover and redo with janitorial non-yellowing wax, which Findley says holds up longer than most store waxes. That way, if it takes longer than expected to sell, at least you won't have to rewax.

-- In the bathroom, clean showers, sinks and tubs. Remove hard-water spots and soap scum by spraying them with undiluted, heated white vinegar. Let soak 15 minutes before scrubbing.

Alternatively, Findley suggests applying a concentrated orange-based cleaner full-strength. Give it at least an hour to dissolve soap residue. Then use a white scrub pad -- only white; any other color will scratch the surface -- to remove the buildup.

-- To get rid of water rings in the toilet bowl, drain the bowl and saturate several heavy-duty shop paper towels with either orange cleaner or white vinegar. Plaster the sides of the bowl with the towels and let sit for several hours. For a quicker solution, try the stuff you use to clean tile grout.

-- Wash shower curtains and liners. Wash glass doors as you would showers and tubs above. Treat fiberglass walls with a Molly Moppins product called Gel Gloss, available in the bathtub section of hardware stores.

Hit mildew with straight hydrogen peroxide as opposed to bleach, the fumes of which can be overpowering in small spaces.

-- Walls and ceilings should be dusted. For textured surfaces and rough wood, slip three lint roller tubes over a paint roller and roll.

-- Wipe down front and back doors, including screens. Remove oil spots from garage floor and driveway. Polish doorknobs, hinges and drawer handles, and clean your trash cans.

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Pro Tips on Choosing a Realtor

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | June 7th, 2013

There are all kinds of ways to choose a real estate agent to sell your house. You may use your brother-in-law, for example, or take a recommendation from a co-worker. But according to an informal survey of agents from across the country, there are plenty of things you shouldn't consider.

The aforementioned relative is one. "I'm sorry, but you just can't mix business and family," said Liane Jamason of Smith & Associates Real Estate in Tampa, Fla.

Don't go with an agent just because he or she has the most listings or the most signs up in the neighborhood, say some of the realty pros. Those agents are probably overextended. If they have lots of listings, said Karen Netterstrom-Dooley of RE/MAX Elite in Melbourne, Fla., "they are not going to give you much attention."

Somewhat surprisingly, the agents who answered the question, "What one attribute would you look for if you were hiring an agent to sell your house?" tend not to think too much of professional designations, the agent's brand or whether he is part of a team.

While the letters behind a name signal a certain degree of professionalism and extra education, many agents said they meant little. "Designations mean nothing to me. I have worked with agents who have their walls lined with them and they are lost," said Kenneth Nance of Only Way Realty in North Myrtle Beach, S.C.

Some respondents believe being affiliated with a large, well-known brokerage is an advantage. But Bev Hourlier of HC Realty Services in San Diego said it doesn't guarantee the agent is any better qualified or trained than an agent from a smaller firm.

Respondents had plenty of comments about the attributes that indicate a standout agent. Here are the ones that seemed to rise to the top:

-- Fit. Agents used all kids of terms to indicate how you "click" with an agent, including philosophy, presence, personality, integrity and trust.

"Chemistry," said Allan Glass of ASG Real Estate in Los Angeles. "Clients who don't establish a personal connection with their agent or broker will put themselves at a disadvantage."

Emily Morrison Griffin of John L. Scott Real Estate in Seattle agreed. "There has to be that special spark that makes you and your Realtor a great team."

"All other characteristics are secondary ... to the ability to trust your agent," said Lou Sansevero of the RE/MAX Alliance Group in Sarasota, Fla.

-- Referrals. Referrals are "golden," advised Joshua Hanoud of Tropic Shores Realty in Spring Hill, Fla. Without them, "you don't know you've gotten a bad apple until you are too far into the process to make a change easily," he said. "As a result, going into the game with someone who has a strong recommendation from a friend or relative can make a huge difference."

Beware, though, warned Paul Howard of NJHomeBuyer.com Realty in Cherry Hill, N.J. "Recommendations are based on the outcome of a particular transaction that may have been uneventful and may have little relevance to a future transaction that may have obstacles the agent has to help the consumer navigate."

-- References. Cindy Greenwald of Prudential California Realty in La Jolla wants to see the agent's current list -- not more than 90 days old -- of clients. Brenda Cunningham of West USA Realty in Mesa, Ariz., looks for someone who has used the agent for more than one transaction. Kimberly Tapscott of Keller Williams Prestige Properties in Stamford, Conn., said the agent should bring the names of at least three past clients that you can call on the spot.

-- Experience. There's nothing like a proven track record, said Sandra Geary of RE/MAX Pros in Rohnert Park, Calif. "While experience is no guarantee of skill, real estate, like many other professions, is mostly learned on the job," said Rae Catanese of Prudential Tropical Realty in Tampa.

-- Sales volume. Isabel Williams of Keller Williams Luxury Homes in Jupiter, Fla., said it's better to work with an agent who's closing 40 deals a year than the industry average of four.

Kirstin Willingham of Bergman Beach Properties in Marina del Rey, Calif., pointed out that recent sales volume is most important because today's market is far different from just a few months ago. And Harold Huggins of Harold H. Huggins Realty in Burtonsville, Md., suggested looking at sales similar to yours.

-- Other statistics. A key ratio for Robert Kelly of RE/MAX Main St. Realty in Moorestown, N.J., is the selling price of recent transactions in comparison to the listing price. An agent who is getting 95-plus percent of the asking price is doing a great job, he says.

Another important number is average days on the market. "An agent whose days-on-market average is 35 or less also is doing a great job," Kelly says.

It's not a good sign if the agent does not provide these key statistics at the first interview, according to Jamason, the Tampa agent. If they don't know their list-to-sale ratio, it's an even worse sign, she said.

-- Technology. Because nearly eight out of 10 buyers start their home searches online, today's marketing is more than just sticking a sign in the front yard. Technology is essential for word-of-mouth advertising and viral media campaigns, said Florida agent Catanese. Can your agent prepare a YouTube video? Can he or she respond in an instant?

Check the agent's online presence, advised Ines Hegedus-Garcia of Majestic Properties in Miami. An agent who knows how to market himself should also be able to market properties, she said.

"The agent who walks into my home should at the very least have a tablet and know how to use it, and show me examples of his listings' social media footprints," said Tapscott in Connecticut.

-- Photography. Pictures are "the language of real estate, yet most agents' look like they were taking pictures while drunk with a cellphone," said Hanoud in Florida. "The level of detail needed for good photography is usually indicative of an agent's attention to detail throughout the process."

Ken Pozek of Keller Williams Realty in Novi, Mich., said good photos can result in a 15 percent to 20 percent increase in showings.

-- Listening skills. "I want (agents) to answer my questions clearly and be able to explain the process of buying and selling," said Teri Andrews-Murch of Lyon Real Estate in Auburn Calif.

Asked Barry Sulpor of Shorewood Realtors in Manhattan Beach, Calif.: "Do you get a strong feeling that this is an agent who will listen to your needs?"

So listen up and follow the advice of these experts to find an agent who's just right for you.

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