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Keep Up With Your Agent

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | October 17th, 2014

If you think the game's over when you accept a signed contract from a buyer, think again.

Realty transactions don't end until you get to the closing table and all the papers are signed, sealed and delivered. In the 30 to 60 days between contract and settlement, anything can go haywire, and it often does. Sometimes the contract never closes.

There are no specific, recent statistics on the percentage of contracts that don't close. The National Association of Realtors stopped asking its members questions to determine how many agents had dealt with failed transactions. But in a 2012 NAR member survey, one in three members said they had a deal that fell through.

"Bottom line is, we have too many transactions not making it to the closing table," said Lynn Madison of Lynn Madison Seminars, a training and development company based in Schaumburg, Illinois.

There's a litany of reasons deals fall through. The buyers can't secure financing; the inspection uncovers some hidden defect the buyer just cannot accept; maybe the buyer simply gets scared and changes their mind.

Usually, though, contracts fall apart because someone along the real estate food chain fails to do his or her job correctly -- or completely, said Adorna Carroll of Dynamic Directions, a real estate training firm in Berlin, Connecticut.

Carroll said that having a license does not guarantee the intelligence of your agent, the other guy's agent or any of the other professionals you deal with. Some are as "dumb as a bag of hammers," Carroll said at a NAR convention a couple of years back. "They don't know what they don't know."

Sometimes, the educator said, they let things fall through the cracks, they let their egos get in the way of good judgment, they don't play well with others or they simply expect someone else do their work for them.

This is not to besmirch the good name of hardworking realty professionals, just to warn buyers and sellers alike to stay on their toes. Follow up with the various professionals to be sure they do their jobs and do them on time -- lest the contract lapse.

Take the listing agent. Has the agent explained the process to you, completely and to your full understanding? There are lots of events that have to fall into place once you accept the contract.

Did the agent take the time to explain the differences between an appraisal and an inspection? The differences are huge. Did he or she attach a list of non-realty, personal property items that come with the house? If so, that was an error: Lenders don't want it and will ask that it be removed, which could delay the deal.

Ditto a copy of the inspection report: unnecessary.

It is your job as the buyer or seller to go over every word in the listing and contract to make sure the address is correct, the square footage is accurate and the condition of the property is not misrepresented. And you must make sure that your agent has his or her eyes on all the moving parts.

"Our job is not done when we get a contract," Madison reminded her audience at the NAR meeting. "As a matter of fact, it has only just begun."

"Every team needs a quarterback, and you're it," she said. "We have the ball and it's our job to get it in the end zone."

It's also smart to check the buyer's agent's work to make sure the agreed-upon price is written clearly. The same goes for all riders or anything that has to be written by hand on a preprinted document.

The contract is a legal document, and agents, as skilled as they might be, are not attorneys. The last thing you want is to have a disagreement later over what the buyer meant by this language or that phrase.

Sometimes, according to Carroll, buyer's agents don't have a good team of professionals working with them: personnel who chase down missing legal papers, for example, or keep the client abreast of what's going on with the sale. That means your agent will have to do double duty, or again, the deal could fail.

Remember, there are various moving parts in every transaction: the home inspection, the appraisal, the bank, the lender's underwriter, the title company and the settlement agent. Any one of them can forget, or lose, an important document. Even your lawyer can drop the ball.

Bottom line: Your agent has to know how to do his or her job, as well as the jobs of everyone else who is a part of your transaction.

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Protect Yourself: Advice for Agents and Homeowners Alike

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | October 10th, 2014

The recent murder of Arkansas real estate agent Beverly Carter while showing a vacant, bank-owned property highlights the dangers of exhibiting houses to strangers -- not just to realty pros, but to homeowners themselves.

As crime victims go, agents don't hold a candle to taxi drivers, who suffer the highest rate of homicides of any particular occupation, according to the U.S. Department of Labor. But every so often, the headlines scream out about a real estate agent who is murdered, raped, robbed or beaten while showing a house for sale.

Some years back, Seattle agent Michael Emert was slain. And now Carter, an agent with Crye-Leike Realtors in Little Rock, is gone.

Many realty firms and their trade groups have made safety a top concern, but rarely do agents pass along safety tips to their clients. As a result, sellers often go forth totally oblivious to the dangers that lurk.

That's not to say you shouldn't hold an open house or allow someone to view your for-sale property. But to be safe -- and to keep from becoming a victim -- you should be aware of the risks.

Usually, miscreants are after whatever they can jam into their pockets as they roam from room to room. But sometimes they are there to case your place for a future burglary. And occasionally, they have worse things in mind.

Here are some precautions sellers should take to protect themselves and their property:

-- First and foremost, trust your instincts. Your intuition is your most powerful crime-fighting weapon. If something or someone makes you uncomfortable, be extra alert and extremely careful.

-- If a prospective buyer or unknown agent shows up at your door unannounced, have them call your agent to schedule an appointment. Don't open your door to strangers. No exceptions!

Call your agent. That's why you have one. One of the first things your agent should tell you is, "Always let me show your house for you."

-- If you fail to heed that warning, at the very least, you should never, ever let a stranger into your home when you are alone. There is safety in numbers.

Agents are advised not to show houses alone, and neither should you. If someone is insistent, ask a neighbor to come over while you show the visitor around. If no one is available to keep you company, tell the visitor to come back later or call your agent. It's better to lose a sale than your life.

-- Identify your visitors. Agents often insist that everyone sign a guest registry to show their professionalism. They also screen their clients by putting them through a prequalification process before they ever put them in their cars. At the very least, you should keep a visitor's log.

Since anyone can sign in under whatever name he wants, ask for a driver's license or other photo ID and make sure the picture matches the face of the person in front of you. Next, get their addresses, phone numbers and license plate and driver's license numbers. And while you are writing them down, also jot down a brief description of the visitor and her automobile.

Before you let anyone inside, call someone and pass along the security data you have collected. Be certain you do this within earshot of your visitor. That way, he'll know you are taking cautions to protect yourself, and maybe he'll move on.

This might seem like a cumbersome task, but security experts say you can never be too prudent. And anyone who finds this request unreasonable in this day and age is probably not someone you want to invite into your home anyway.

-- Identify unknown agents, too. It's too easy for someone to print up fake business cards, so call the agent's office to make sure the agent is who he says he is. Never let an agent directly into your house. Instead, make them open the lockbox your agent placed on your door to gain access. Non-agents won't be able to.

-- Don't make an appointment with potential buyers unless they give you their names and phone numbers and you have called them back to verify the number.

-- Beware of callers who knock on your door at strange hours, either late at night or early in the morning. Again, no matter who they say they are, ask them to make an appointment at a more reasonable time. If someone says he can only view your house at this particular moment, don't believe him.

-- Prior to letting anyone in, turn on all the lights and open all the blinds, shades and curtains. Dark rooms invite trouble, and homes are safer for showing when someone outside can see inside.

-- In advance of an open house, remove your valuables, including jewelry, artwork and electronic equipment. You're going to be packing them when you move anyway, so you might as well put them away for safekeeping now. Also, guns and other weapons should be locked up and separated from the keys and ammunition. Lock up your prescription drugs, too.

Never leave money, mail, bank statements, credit cards or your keys lying around. Keep them on your person, not in a drawer. It's too simple for a petty thief to open a drawer when no one is looking.

-- Pay attention to the way prospects view your house. Professional burglars often linger in rooms, looking for items they can dispose of quickly. They also search for ways to get in and out quickly, scouting possible escape routes and checking for security devices. Couples up to no good often split up so one can case the joint while the other keeps you occupied.

-- Be mindful of someone who is asking unusual questions that have nothing to do with the house, such as: Are you married or single? Do you live alone? What times does your spouse leave for work and return? What time do the kids come home from school? Have you had much interest in your house? When do you plan to show it again?

All these queries could be an attempt to determine how long you'll be alone, or when the house will be empty. Never let potential buyers know your schedule.

-- Some agents prefer to tour houses with their clients, while others allow them to wander from room to room on their own. If prospective buyers ask you to show them around, let your visitors enter each room first so you can't be attacked from behind. Don't turn your back on them or lead them around. In other words, direct them as opposed to letting them follow you.

Don't allow yourself to be trapped in a corner or behind a desk or other piece of furniture. And never go into a walk-in closet, laundry room, basement or storage area with someone you don't know. There's no escaping those spots.

-- If someone attempts to draw you into a lengthy conversation, steer him toward the front door. And plan your own escape route in case something goes wrong. Figure out in advance how you are going to get out of trouble if trouble presents itself.

Overly cautious? Probably so. But it's better to be safe than sorry.

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New Loan Builds Wealth Quickly

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | October 3rd, 2014

Two major banks have now agreed to originate a new 15-year mortgage under pilot programs aimed at low- and moderate-income borrowers.

In addition, the creators of the so-called Wealth Building Home Loan (WBHL), which allows homebuyers to build equity at a much faster clip than they would with a standard 30-year loan, are planning to bring their ideas to 10 other institutions over the next few weeks.

Still, Edward Pinto thinks it might take months or even years for the product to become universal, if it becomes a regular offering at all. But Pinto and his co-conspirator, Bruce Marks, generated major buzz when they introduced the WBHL at a mortgage conference in North Carolina in early September.

As it usually does, the trade press jumped on the announcement, saying the loan was the proverbial best thing since sliced bread.

But the loan also won the endorsement of several high-profile industry executives, including Lewis Ranieri, who is generally considered to be the father of the mortgage-backed security, and Joseph Smith, the former North Carolina bank regulator who was appointed to oversee the National Mortgage Settlement that created new mortgage servicing standards and provided some relief for distressed owners.

So what is everybody so excited about?

The Wealth Building Home Loan is a 15-year mortgage with a fixed interest rate that can be bought down to zero. In addition, little or no down payment is required, there are no additional fees and underwriters will pay far more attention to your residual income than to your credit score.

Typically, the monthly payment on a 15-year loan is more expensive than that on a 30-year loan. But the loan amortizes much more quickly, meaning you build wealth -- or equity -- faster.

To make the payments more affordable, the offering rate will be about three-quarters of a percentage point below the 30-year FHA rate. And the rate can be bought down even further. For every 1 percent of the loan amount the borrower puts up as a down payment, the interest rate will be lowered by half a percentage point, which is twice as much as usual.

Consequently, a $6,000 downpayment on a $100,000 mortgage at 3 percent would bring the rate down to zero, meaning that every penny spent on the monthly payment would go to principal.

But here's the key: Underwriters will want to make sure you have enough money left over after you make your house payment to cover all your other monthly expenses. That way, should you have a financial setback, there will be enough money coming in that you can still make your payments and won't fall into foreclosure.

Pinto and Marks are strange bedfellows. Pinto is a conservative gadfly who is a thorn in the side of the conventional mortgage market, while Marks is a liberal consumer advocate who thinks nothing of gathering his followers to picket the homes of banking executives to persuade them to do more for low-income borrowers.

But while on an industry panel together in May, Pinto, a resident fellow at the American Enterprise Institute, and Marks, who heads the Neighborhood Assistance Corporation of America, had a "meeting of the minds." They decided to work together to create a vehicle that would help low- and moderate-income borrowers build wealth rather than just accumulate debt.

In a sense, the result is a throwback to the long-forgotten early years of the Federal Housing Administration. For its first 20 years or so, the FHA insured mostly shorter-term, 15- to 25-year mortgages and required 20 percent down payments, a full review of a borrower's household budget and rigorous appraisal standards.

But beginning in the late 1950s, U.S. housing policy shifted, and lenders started to rely on ever-looser underwriting standards. The result: Low- and moderate-income borrowers are pushed into overwhelmingly high-risk loans. If something should go wrong in the borrower's life -- job loss, major illness, divorce -- there is little equity for him or her to fall back on.

In the first three years of the WBHL, according to Pinto, 77 percent of the monthly payments go to paying off the loan's principal, whereas 68 percent of the payments of a standard 30-year mortgage pays interest to the lender.

And after 15 years, you own the home free and clear. And starting in year 16, there is no longer a house payment at all, so you have extra cash flow for life-cycle needs such as your children's education. With a 30-year loan, on the other hand, you could be making payments well into retirement.

"This is an opportunity to spend a little more each month but build wealth much more rapidly," Pinto said. "But even better, there is only a small probability of going into foreclosure. If house prices should go down, you're covered because you have some equity to fall back on."

Initially, the Wealth Building Home Loan will be made available through NACA's 37 offices. NACA acts as mortgage originator for Bank of America under a $10 billion contract. NACA is also talking to other lenders about starting pilot programs for their own employees and to meet their community reinvestment requirements.

Bottom line: The WBHL could be a good option for some, but there's still nothing wrong with a longer-term mortgage. In any case, homeownership can be a wonderful way to build equity. According to the latest Federal Reserve Survey of Consumer Finances, an owner's net worth is 36 times greater than that of a renter. The survey found that the average owner's net worth is $194,500, whereas a renter's is $5,400.

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