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Odd Parcels: Affordability; Energy Jobs; Conference Tidbits

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | August 31st, 2018

The American Dream has become the American Pipe Dream for many wannabe homeowners. Here’s why.

One year ago, if the buyer of a $200,000 house borrowed 80 percent of that amount at 3.9 percent, the monthly payment for principal and interest would have been $755. Today, that same house would cost $218,600, a jump of 9.3 percent. And an 80 percent loan would have an interest rate of 4.6 percent, for a payment of $897 a month -- a 19 percent increase.

“That’s the crux of the affordability crisis today,” says Frank Nothaft, chief economist at housing data firm CoreLogic, who provided the above example. “That’s the exact same house. Nothing’s changed but the price and interest rate.”

And Nothaft believes it’s going to get worse before it gets better. He sees loan rates rising to 5.1 percent by the end of the year -- “their highest level in a decade” -- and house prices going up 6 percent year-over-year.

Some 67,000 jobs were created in the energy-efficiency field last year. That’s nearly half of the energy jobs created in 2017, according to the latest federal figures.

It brings the total workforce in the energy-efficiency sector to about 2.25 million, according to the Department of Energy’s Energy and Employment Report -- more than a third of the 6.5 million people employed in the entire energy sector.

The report also said that there are more total jobs in efficiency than the 1.9 million employed in the entire electric power generation and fuel sectors, combined. That includes all jobs relating to extraction, production and power generation relating to coal, oil, gas, renewables, nuclear and advanced/low-emission natural gas fuels.

One reason for the increase is the huge 75 percent jump in the construction of “net-zero” homes between 2016 and 2017, according to a new report from research and marketing firm Parks Associates. Net-zero houses use the same amount of energy that they produce -- or even less. Often, these places return power to the grid instead of taking it.

So far, nearly half of all net-zero houses have been built in California, which has set a goal of achieving statewide net-zero energy by 2020, just 18 short months from now. Other states have adopted similar top-down approaches to incentivize net-zero adoption, but low energy costs are a barrier to generating demand, said the Parks report.

Meanwhile, if you’re looking to buy an existing house that’s energy efficient, you could be on your own in finding one. While interest in energy savings is strong among resale buyers, only 40 percent of agents responding to a survey by the National Association of Realtors say their local multiple listing services have so-called “green” data fields.

Fifteen percent reported that their MLSs don’t carry such information, and a shocking 46 percent had no clue whether that information is published or not. At the same time, though, 40 percent said that listings certified as green spent neither more nor less time on the market.

Here are a few tidbits from the recent National Association of Real Estate Editors conference in Las Vegas.

-- Forty percent of all house-hunters have been shopping for seven months or longer, all to no avail. “The market is so tight and there are so many multiple-bids,” said Rick Sharga of Carrington Mortgage Holdings in Irvine, California, “that (buyers) settle for what’s available.”

-- According to Brian Simmons of Ask a Lender, a site that connects borrowers with mortgage professionals in their area, some buyers are such introverts that they “dream, shop, apply and close online without ever speaking with a live person.”

-- In an era where technology is changing the way the real estate market works, David Mele of Homes.com said people “would be surprised how many agents aren’t very technology-savvy.”

-- There are more solutions to solving the down-payment issue than most realize, according to Rob Chrane of Down Payment Resource, an outfit that tracks some 2,500 assistance programs and helps buyers find them. “If it’s not free money,” he said of what’s available, “it’s the free use of money.”

A buyer who qualifies for assistance can typically receive $10,000 worth of help. But because one form of aid can often be layered atop another, Chrane said the amount could be substantially higher. In one case he knows of, a borrower qualified for six types of financial help.

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Is Your Community a Music Pirate?

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | August 24th, 2018

What do housing and Beethoven have in common?

The great classical composer was the victim of music piracy -- unauthorized versions of his work being circulated. In today’s legal environment, music piracy is a form of copyright infringement -- and many housing properties throughout the country are the modern-day pirates.

Any time music is played in a common area -- for example, a community clubhouse, sales office, fitness center, condo lobby or high-rise elevator -- the property must have a license to use that music. Otherwise, it is breaking the law, which protects artists who own their music against unauthorized use.

We know this because an unnamed member of the National Association of Home Builders was hit recently with a cease-and-desist order for playing music in his apartment development without a license. The NAHB’s Multifamily Housing Council investigated on his behalf, and found the order to be legit, according to an association spokeswoman.

Indeed, the trade group was so concerned that it published a white paper called “Pay to Play?” that explains the issue and tells how to obtain a blanket license to avoid being held liable for copyright infringement. (The report can be downloaded at no charge by visiting nahb.org and searching for “music licensing.”)

Copyright owners have the right to prohibit others from publicly performing their songs. And they often do.

Remember Napster? The website allowed users to exchange music files over a common, free server without regard for copyright laws. But it was shut down after lawsuits by Metallica and Dr. Dre. Similar music platforms have been shut down under the Digital Millennium Copyright Act, which criminalizes “production and dissemination of technology, devices or services intended to circumvent measures that control access to copyrighted works.”

But residential communities, whether run by their builders or associations of owners, either don’t know the law or choose to ignore it. They do so because digital media and the web make it so simple.

“Because music is available easily over the internet through services such as Spotify, Pandora and Apple Music, it is easy to assume that it can be played wherever and whenever one wants,” according to the NAHB report.

But no matter where the music comes from -- the internet, CDs or MP3 players -- it can’t be replayed publically without a license. Purchasing a recording only entitles the buyer to play it privately.

Even if the music is not performed for profit or is not available to nonresidents, the property is liable. If the property provides a stereo, TV or docking station in common areas for residents to play music on, the owner is liable. Even if the property hires a band for a live performance, the community might still need a license.

Of course, musicians don’t run around the country looking for scofflaws. Instead, they hire performance rights organizations, aka PROs, to act on their behalf. These outfits not only search for cases of infringement -- they work with “large networks of agents who patrol places where music is typically played,” the white paper reports -- but they also grant public performance licenses and collect annual royalties.

If a PRO suspects that a property is playing music without permission, it will usually send a letter demanding that the offender stop doing so or obtain a license. “But it won’t stop there,” the NAHB warns. So if a property receives such a missive, act quickly or face the possibility of some heavy fines.

“The PROs are persistent and have the resources to bring suit, but will usually drop a claim if and when the residential community obtains a license,” the white paper states. “In addition, the PROs don’t react well to stonewalling, so failure to respond at all ... can increase the adversarial nature of the communications and make it more complicated and expensive to resolve.”

Rather than wait to be caught, the NAHB says it’s a good idea to obtain a blanket license from each of the three major PROs: BMI, ASCAP and SESAC.

Another alternative is to work with a subscription-based service such as Mood Media, Cloud Cover Music and Pandora for Business. Companies like these offer large amounts of music -- for a fee.

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Escrow Accounts: A Necessary Evil

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | August 17th, 2018

Many homebuyers, particularly first-timers, often question the need for mortgage-related escrow accounts. “Why can’t I pay the charges myself?” they wonder.

There are good reasons, for both you and your lender. But first, a quick explanation of escrow accounts.

Sometimes known as impound accounts, escrow accounts are set up by your lender to pay certain property-related expenses: real estate taxes, homeowner’s insurance, mortgage insurance and sometimes your community association fees.

The money for these payments is collected by your lender (or the company that services your loan) every month, along with the principal and interest you owe on your mortgage. And when those payments are due, the lender disburses them to the proper payee.

Most lenders require escrow accounts to make sure these bills are paid on time, thereby reducing the risk that you will default on the mortgage or incur liens on the property. Either of those possibilities will place a cloud on your title, making the property more difficult to sell -- by you or the bank, should it have to foreclose.

While there is no law, either federal or state, that requires lenders to impose escrow accounts, it is probably a good idea for borrowers to go along. Otherwise, you’d have to come up with large payments once or twice a year to cover these charges. How large? In 2017, the average property tax on a single-family home was $3,399, according to ATTOM Data Solutions -- and that’s just one expense.

Years ago, when banks paid substantially higher rates than they do now, it might have made sense to keep control of your money rather than cede it to your lender. But not now, with banks paying next to nothing.

Without an escrow account, you run the risk of being late on payments for taxes and insurance, or missing payments altogether. If you fail to pay your property taxes, your state or local government may impose fines and penalties or place a tax lien on your home. You could also face foreclosure. And if you fail to pay your taxes or insurance, your lender may add those amounts to your loan balance, add an escrow account to your loan, purchase insurance for you and bill you for it. (And lender-purchased insurance, known as force-placed insurance, is typically more expensive than buying your own policy.)

Indeed, it makes good sense to “budget” for these costs by paying them with 12 monthly installments to your lender.

Again, there is no law requiring escrow accounts. But there is a federal law, the Truth in Lending Act, that protects borrowers by strictly controlling how lenders handle their escrow accounts.

For one thing, the lender is not allowed to collect an excess amount. And there are limits on the amount a lender may require you to put into your account.

Over the course of a year, starting on the anniversary date of your mortgage, you will be required to pay into your account no more than one-twelfth of the total of all payments for all escrowed items.

After the first year, you will be required to make up any difference in the amount owed and the amount collected: There’s almost always a shortfall in the first year, because your payments are usually based on estimates as opposed to actual bills. Lenders will either ask for a lump-sum payment or allow you to catch up with an acceptable increase in your monthly escrow payment over the upcoming calendar year.

In addition, the lender may require a cushion, not to exceed an amount equal to one-sixth of the total needed for the year, to make sure there is never a shortage again.

Lenders are also required to perform an annual escrow account analysis and notify you of any deficit or surplus in your account. If there is a shortage, you can be required to correct it. If there is a surplus of more than $50, the lender must ask if you’d like it returned or applied to the next year’s escrow amount.

If you have a fixed-rate mortgage, your payment for principal and interest will never change, month to month. But because the other fees collected for your escrow account can change, and often do, your total house payment is likely to change with them.

In some jurisdictions, once you have paid down the balance of your mortgage to a certain percentage of the original loan amount, you have the right to terminate your escrow account. In Illinois, for example, 65 percent is the benchmark -- as long as you are current with your payments.

But why would you? After all, escrow accounts are usually the easiest way to handle these recurring payments.

Finally, if you have questions about or issues with your escrow account, call the company administering your account. Follow up in writing if necessary. By law, the servicer must acknowledge your question or complaint in writing within 20 business days of receipt, and must resolve the issue within 60 business days (or state the reason for its position). Until the complaint is resolved, however, you should continue making the required payment.

If you’re not satisfied, and your servicer is registered in your state, escalate your complaint to the agency in your state that regulates the mortgage business. If your servicer is a national or out-of-state institution, contact the federal Consumer Financial Protection Bureau at 855-411-2372 or consumerfinance.gov.

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