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Events of the Year 2009

Stephan Swanepoel is a consultant who monitors the real estate industry. Here are his top ten issues that have effected our industry. I look for foreclosures, short sales, and first time home buyers credit to drive the island markets through the first quarter of this year.

 

 

Via Stefan Swanepoel (Author, Speaker & Trends Guru):

Every year as part of the new edition of the Swanepoel TRENDS Report the 160 page Report also looks back at the passing year and lists those events that transpired during the year that made headlines and captured the industry’s attention and imagination. The 2010 edition is due for release on February 8, 2010.

Here are the top events that during 2009 made headlines in the residential real estate brokerage industry.

 

Copyright: Shutterstock

 

#10 Houston Becomes #1 REALTOR® Association

In August 2009 the Houston Association of Realtors® (HAR) officially became the largest local Realtor® board in the United States following a recent rise in membership and a decline in membership at the Long Island (New York) Board of Realtors® (LIBOR). HAR, with a membership of 23,354 surpassed its long standing rival for the top slot by 118.These two have long been the largest local associations by far, with the Greater Las Vegas Association of Realtors® holding the third spot with nearly 10,000 fewer members. Congratulations to Bob Hale and his team.

 

#9 Metro Brokers Switches Franchise Brands

With 2,000 sales associates the brand switch Metro Brokers made in December 2009 from GMAC to Better Homes & Gardens recorded the largest move of one brokerage company from one franchise brand to another. The departure away from the #1 GMAC franchise in the world to become the #1 BH&G franchise in the world was a major move and strongly refutes the high value many franchises have attached to their brands. Many observe this move as the beginning of more swaps to come as franchisees increasingly look for more than just a name. They want visionary leadership, quality training, technology, Internet and social media savvy solutions and, above all, a dependable partner.

 

#8 RE BarCamp Sets Event Benchmark

RE BarCamp is an ad-hoc gathering of people (real estate professionals from different facets of the business) that share and learn in an open environment. It is widely referred to as an “unconvention” with no pre-determined programs or invited guest speakers delivering PowerPoint presentations from a stage. Rather the structure follows a round table of open discussion concerning topics sourced from the registrants and as a result of interaction between attendees. It may only have started in August 2008 but in 2009 it exploded to over 20 major cities across the country and is currently one of “the happening” events in real estate.

 

#7 RVM’s & AVM’s Become Strategic

AVM (Automated Valuation Model) is the term widely used to describe providing property valuation by using a mathematical algorithm based on the data. In real estate AVMs calculate the value of a specific property by analyzing the value of comparable properties sold and registered. The newly announced RVM (Realtor® Valuation Model) follows the same mathematical analysis but hopes to aggregate the information available from 700+ MLS' (Multiple Listing Service) across the country. The NAR, the driver behind the RVM, hopes that this model will become the default valuation method for all financial institutions nationwide. If achieved, this will be a major industry game changer.

 

#6 Realtor® Credit Union Celebrates First Year of Operation

Exactly one year ago at the 2008 Realtors® Conference & Expo in Orlando the NAR announced that it had received regulatory approval and a charter for Realtors® Federal Credit Union (RFCU). The Rockville, Maryland-based Credit Union works in partnership with the NAR as a Realtor® Benefits Program Partner, but it operates totally separate from the NAR with its own board of directors and management team. Now, one year later, RFCU has 3,000 members, $25 million in assets, $16 million in deposits and $8 million in loans, making it larger than 60% of all credit unions today; impressive. With a stated goal of being in the top 5% of all credit unions within 5 years the RFCU is definitely a sleeping giant.

 

#5 Keller Williams Climbs to Third Largest Real Estate Franchise

In March Keller Williams Realty Inc. announced at its 2009 annual convention that it had moved ahead of RE/MAX International to now claim the third-largest real estate franchise in the U.S with 72,794 associates at the end of 2008. This was according to a study by Steve Murray of REAL Trends. According to Keller Williams the growth gained momentum during the last three years of the down turn where it outpaced most other real estate franchises that had lost agents. During the period from 2006 to 2008 KW increased its associate count by an astonishing 52%. Watch out Century 21 and Coldwell Banker. You have someone coming up fast in your rear view mirror.

 

#4 Short Sales & Foreclosures Maintain High Visibility

After increasing more than 30% per year for the last four years, some estimate that foreclosures will drop to about 1.75 million in 2010/11. The Treasury Department continues to place pressure on mortgage lenders to make trial loan modifications permanent. Furthermore in December the Treasury set long-awaited guidelines designed to simplify and speed up the short sale process through its Home Affordable Foreclosure Alternatives Program. Until now the short sale process has been cumbersome for all involved; taking as long as eight to ten months to get a transaction to close. The program goes into effect April 5, 2010.

 

#3 Brookfield RPS Acquires a Great Solution

Announcing their second largest acquisition in November 2009 Brookfield RPS became the owner of Real Living Network Services. Combining all the residential real estate brokerage companies Brookfield now owns in Canada and the U.S., they are one of North America’s Top 10 leading residential real estate franchises with more than $20 billion in annual home sales and an estimated 30,000 agents. The reason the Ohio-based Real Living acquisition is such a great solution for Brookfield is that the GMAC franchise they acquired last year was lacking momentum, a CEO and contractually had to replace the name. This acquisition provided them a solution for all three challenges with very little duplication.

 

#2 RPR Becomes the NAR Convention Buzz

Squeezing in a botched (who was invited and who wasn’t) and a confusing (intermingling a B2B and B2C initiative) talking head video press announcement a week before the NAR convention was surprising. However, the timing was great as the buzz propelled the Realtors® Property Resource (RPR) into the most discussed and debated topic at the convention. Billed as the largest single source of real estate information in the world and the “ultimate” member benefit it is also ridiculed as a threat to MLS' across the country. One thing is certain, it is the most significant project undertaken by the NAR in years.

 

#1 Extended Tax Credit Helps Boost Housing Market

In the hopes of sustaining the real estate market's recent momentum, President Obama signed the Worker, Homeownership and Business Assistance Act of 2009 in November, extending the FTHBC until April 2010. The legislation includes language that significantly expands the popular first-time homebuyer tax credit to more than two-thirds of current homeowners and nearly all first-time buyers. This, in its own, will not save the housing market but it sparked a rush to buy homes before the extension was approved in November. This resulted in an increase of 7.4% over October for a record 545,000 housing units sold. With rising unemployment and a sluggish economic recovery, let's hope that the incentive created by the Tax Credit carries the housing market through to the summer of 2010.

 

To reserve you advance copy of the 2010 Swanepoel TRENDS Report at the special pre-publication price visit www.RealEstateBooks.org today. This Report is widely regarded as the leading annual Report detailing the most important business, profitability and technology trends impacting the real estate industry.

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

Deed for Lease - Can It Work

As lenders scurry to fend off the continuing foreclosure crisis, Fannie Mae, one of the three government entities who purchases mortgages in the secondary market, announced a new approach last week. RENT YOUR HOME! Not to someone else, but to yourself.

The Deed for Lease program lets homeowners transfer the deed back to their lender and then sign a lease to remain in the home. The effort is aimed at borrowers with mortgages owned or guaranteed by Fannie Mae who do not qualify for or cannot sustain a loan modification. Borrowers must live in the home as their primary residence and must be released from any subordinate liens.

One question arises is how, if you have a second mortgage, you are going to be released from any subordinate liens, in other words, a 2nd or 3rd mortgage. I can see that perhaps so people can regroup within a year and get back on track, but given the sheer number of defaults, I am not sure this program is going to make much of a difference.

Homeowners must show they can afford market rent, but that payment cannot be more than 31% of the borrower's pre-tax income. Leases may be up to 12 months, with the possibility of renewal or month-to-month extensions. If the property is sold, the new owner picks up the lease. 31% is the government's number for maximum loan payment in a modification that is acceptable to the parties as well. So if my gross income is $4000, I cannot have a payment greater than $1240 dollars.

Certainly for many with adjustable mortgages, this formula will create a number that is seemingly more affordable. Time will tell.

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

County of Kauai extends Additional Dwelling Unit Deadlines

Homeowners who have ADU permits to build additional structures, but have not had the ways or means to act upon it, got a reprieve from the County of Kauai last Friday. Draft Bill 2322, which was passed by a 4-0 vote by the council’s Planning Committee Wednesday, would push the deadline for obtaining building permits for ADUs — formerly referred to as “‘Ohana Units” — from Dec. 15 of this year until the same date in 2014, but the extension would only apply to those who already have a facilities clearance form in hand or submitted, and would not open the process up to any new applicants, council members said.

Mayor Carvalho is expected to sign the bill into law shortly. This five year extension will more than likely according to local sources, be the final extension of this bill.

 

Read the full story in this week's Garden Island newspaper.

 

A separate bill that would allow previously existing TVRs (Transient Vacation Rentals)  to continue on ag land until the government concludes its Important Ag Lands study was deferred, at the request of the Office of the County Attorney, until Nov. 10.

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

Bank of America Short Sales and Their Endless Runarounds and Contradictions

Sometimes doing a short sale comes with additional challenges. The borrower needs to get relief from the deficiency in many cases in order to get the full advantage of the short sale. When the bank plays hard ball, the borrower loses and so does the bank.

Via Chris Ann Cleland, GRI (Long & Foster, Gainesville, VA):

Bank of America short sales and their endless runarounds and contradictions have left a bad taste in my mouth for this banking and lending institution.  Two years ago, my largest short sale problem was Countrywide.  Countrywide would take many months to review files and just when you were getting ready to dig your own grave, the approval would come through.  That wasn't the end.  Just because Countrywide approved your short sale, didn't mean squat.  I had an approved file closed for not sending in a form that Countrywide never asked us for.  That was dealing with Countrywide.

Well, when a seemingly good bank (Bank of America), swallows a large problem whole (Countrywide), you know the outcome. The problem remains, but under a different name. Bank of America.

I had been working on a short sale with Countrywide/Bank of America for well over a year.  It was a divorce.  The first contract we sent at the beginning of the listing, was denied in one month.  Why?  Not enough money.  It was the the highest offer we would ever see on the property in question.

The second offer came about six months later.  Was with Countrywide/Bank of America for three to four months.  Lower offer, but the writing was on the wall.  The local market was in decline. The neighborhood where the property was located was in a steeper decline.  Those months it took to accept the offer came back to haunt Countrywide/Bank of America when the buyer's appraisal came in.  It was nearly $20K off the accepted sales price.  Countrywide/Bank of America refused to accept the appraised value and my sellers were forced to kick that buyer to the curb. 

Put the property back on the market, not expecting what we really needed.  A cash buyer willing to overpay for the home and forgo their own appraisal.  My short sale prayers were answered when that third offer came in.  My sellers sent it in.  It was the amount that Countrywide/Bank of America has refused to move down from in our second scenario AND, there was no seller subsidy as there had been in that second scenario.

Despite what should have been flagged as a slam dunk, Bank of America (no longer calling the monkey on its back Countrywide) took four months to get back to us on this deal.  The deal was accepted BUT, the approval letter wa not the same approval letter as Countrywide had sent before.  This one left my sellers wide open to collections in the future for the shortfall of the mortgage payoff.

We asked Bank of America to remove that wording. After all, they had received MEGA money from the U.S. Government to help them cover such shortfalls.  Seemed qutie greedy of them to take from the government and then threaten to take that same shortfall amount from my sellers.  The loan would be repaid and then some.

When Bank of America refused to changed their short sale approval letter and remove the collections language, my sellers declared bankruptcy and told Bank of America to shove it.  My sellers refused to move forward with the short sale, and who can blame them?  Now Bank of America has paid the attorney's fees to foreclose (estimated at a low end of $40K in my state) and will continue to face the same or worse market conditions.  Not a good business move, but that's Bank of America for you.  Wasting America's money!

 

Chris Ann Cleland, Realtor- Licensed in Virginia, GRI & Short Sale Specialist. Affiliated with Long & Foster, 7526 Limestone Drive, Gainesville, VA 20155.  To contact Chris Ann, call 703-402-0037 or email chrisann@LNF.com.

 

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

On Bloomberg TV discussing foreclosures

 

Interesting interview with head of Zillow about the state of foreclosures and where we may be in this real estate market cycle. Thanks for the tip. Knowledge is power.... Thanks Spencer

 

Via Spencer Rascoff (Zillow):

Here's the analysis of foreclosures moving upscale.

The startling headline is this -- in 2006, the top 1/3 most expensive homes in each local area made up 16% of foreclosures. Today, the top 1/3 of homes make up 30% of foreclosures.

And here's the video from Bloomberg TV today discussing this and other issues. Sorry to come off as so pessimistic, but I call 'em like I see 'em. No spin here.

 

 

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Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

The West Side of Kauai - Have you been there?

Many people who travel to Kauai seek a retreat on the North Shore in remotes places like Hanalei and Wainiha. Some tourists have heard that Poipu is the dry sunny side of the island and Poipu is where many vacation rentals and hotels are, so that's where they stay. BUT, what about the West Side? Today's Garden Island paper has an editorial piece that will give you a little insight into Kauai's west side and what we mean when we talk about the west side of Kauai.

Where does west Kaua‘i begin, and what does that geographical reference include?

If you’re talking to Rhoda Libre-Hayton, who chairs the Kaua’i Westside Watershed Council, it encompasses the area referred to as the Kona District of this island.

The trek is definitely “down-home, country-style, and rural-to-the-max” as one can eventually get all the way to Polihale if one stays at sea-level or if one opts to head up for higher ground to the Koke‘e mountains, the crown jewel of Na Pali Coast. In turn, west Kaua‘i is a mixture of honored traditions and innovative transitions as well as being a series of random delights that range from serene to spectacular.

POLIHALE BEACH at Kauai's west end - Awesome ocean and beach

Read the full Kauai west side introspective here

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

Mortgage Delinquencies - The Coming Storm

Jeff's comprehensive post provides a lot of food for thought. As i begin my CDPE pursuit, there are many short sellers who i can help get out of this mess more unscathed than if they just sat there and did nothing about the foreclosure process and having negative equity in a property.

Via Jeff Geoghan MBA - Lancaster PA Real Estate Expert (The Jeff Geoghan Realty Group, Coldwell Banker Lancaster PA):

This is one of those posts where I wish I didn't have to write it, but felt it was so important to my readers that I would be remiss not to at least talk about it.

Everyone out there probably knows somebody who is behind on their mortgage payments, looking for alternatives and likely also just finding out that their home's value has dipped below what their loan amount is.  I know some within my own personal circles.  It's a tough situation for me to advise them as a professional because it's such a personal challenge to their pride and self-worth, not to mention their plans and dreams for the family. The question we're asking is "when is this going to stop and where are we heading?"

I'm going to put up a few graphs that show the trends nationally with regards to mortgage delinquincies:

Lancaster PA foreclosures, Lancaster County Mortgage, Delinquencies

This chart is by quarter - Single-family mortgages set a new record delinquency rate in the second quarter of 2009, according to a quarterly survey by the Mortgage Bankers Association. Those of us in the real estate business see the foreclosure process (just visit the local Sheriff Sale docket to see the current numbers) but the looming delinqency-to-foreclosure issue is far, far larger.

The Wall Street Journal on 8/3/09 reported the following quote: “While subprime mortgages sparked the first round of housing problems two years ago, now "troubles are lurking further up the food chain," says Joshua Shapiro, chief U.S. economist at MFR Inc. White-collar job losses have accelerated while more adjustable-rate loans to prime borrowers are resetting to higher payments.  ‘You put all that together, it leads me to believe that the next leg down on home prices is going to come from the top,’ he says.”

The first objection someone may have would be to say "yes, but historically those who are delinqent usually get their act together and come current on the mortgage after a while".  That WAS true, but not anymore!  We call that the "Cure Rate", that is the rate of delinquencies that go back to current.  The Wall Street Journal reported on 8/24/09 about a Fitch analysis that found that the Cure Rate from 2000-2006 was 45% (which means about half of people fix their delinquency).  However, as of July 2009 the rate had dropped to just 6.6%!  That means that over 90% of delinquent customers are going to foreclosure.  Take a look again at the above chart...

The next thing someone will say is "well, that's the 'sand states' and not my area".  Here's the chart for all 50 states showing the same breakdown of delinquencies and foreclosures.  Guess what - most states have a significant problem, especially compared to historical figures.

Lancaster PA foreclosures, Lancaster County Mortgage, Delinquencies

Now the next thing someone may say is "aren't those loans going to get 'fixed' by a loan modification?"  I know several people right now who are applying for a Lancaster County loan modification but are waiting and waiting.  I hope it works out for them...

In reality, loan modifications are hardly making a dent.  To me, that's a burning question.  Why arent banks being more aggressive in giving customers the option to extend their loan and/or reset to a lower rate?  Why are they being SO difficult? The people I know don't want to be foreclosed.  They CAN make payments.  They just need the terms redrawn to allow them to catch & keep up.  Loan modifications are not helping us get this crisis under control.

Lancaster PA foreclosures, Lancaster County Mortgage, Delinquencies

What are the causes of all these delinquencies?  Here's a chart that is enlightening:

We hear a lot about adjustable rate mortgages being the culprit, but the reality is that it's the loss of jobs and the tanking real estate market that's the perfect storm.  See my previous post on unemployment in the nation, the state and Lancaster County.

Keep in mind, this post is not intended to give us "good news".  You may be experiencing good things in your market and that's great.  My intent is to get us thinking about the challenges that aren't going away and how we're going to address them as homeowners, agents and professionals.  I'd love to hear your ideas!

 

 

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

Kauai Tax Assessments Slow to adjust to the market

Today's paper had a thoughtful article by Walter Lewis commenting on the appeals process regarding the valuation of Walter's property on Kauai. It is really quite a dichotomy to be a real estate professional whose success is somewhat tied to the work of appraisers who in this market are more conservative than ever. More often than in prior years contracts are cancelled due to a property not appraising for the contract price. At the same time, the county has raised the assessed value of most condos on the island. And despite the fact that the market has corrected 15-20% in most neighborhoods, island-wide the assessed value is only down 3%.

As Walter Lewis  pointed out,
This year was a banner year for the number of appeals by Kaua‘i taxpayers with nearly 1,000 filing exceptions to the amounts of their assessments. Steve Hunt, who is handling over half of the appeals, informed me that in over 15 percent of the cases that he was given, adjustments were made to the assessments, certainly an improvement from the taxpayer’s standpoint from the 2 percent rate that has been applicable in Board of Review hearings.

Read Walter's entire commentary here:

I spent time with a condo owner earlier in the week who did not achieve as good of results as Walter. In her condo complex in Princeville, the value of the land went up significantly. The county boasted that their new system had succeeded in creating a better balance of values between buildings and land. I find it hard to believe that the assessors can raise the value in such a declining market.

Another comment Walter makes:

Property taxes provide over 60 percent of the revenue for our county and are essential for its financing. But fairness to taxpayers is also fundamental and the 2 percent success rate for taxpayers in the Board of Review process is disquieting.

When the county releases its new assessments for 2010, there is certain to be a problem if values actually rise again. The county not only needs to consider it's balance sheet, but also the fiscal wellness of it's citizens too.

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

How Does the Short Sale Process on Kauai Work Anyway...

This diagram below over simplifies the Short Sale Process. It's important to know that any one of these stages can take weeks to occur. The main point of this post is so that you understand the Short Sale Process and temper your expectations with the knowledge that the timeline is pretty much out of your (and everyone else's) control. A great exercise in surrender, that's what I'd say.

Short Sales Process

One thing to note. With many banks these days, the loan modification department and short sale department are one and the same. This means the these folks are swamped. As one Home Rescue consultant described it to me, "Imagine your local Costco totally empty. And all there is are desks and piles of paper. That is what some of the bank's short sale/loan mod departments look like.  The grey box in the center of the diagram can take months. It can take months to even get a response from the bank and then if the price offered has to be renegotiated you can go back around in that circcle for quite some time.

Wanna know more about Kauai short sales. Wanna know about great buying opportunities here on Kauai. I can send you a list of all the ofreclosure and short sales. Just drop me a note or check my blogs frequently.

 

 


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Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com

Kauai REO listings and updates - Week of August 24th

New Listings:

1. 5796 Noni St., Wailua Homesteads. This is a 5 bedroom 2 bath home 2 story home.  The home has nice curb appeal and is in an excellent location near Sleeping Giant (Nonou) mountain. The home is a good example of a home remodel gone bad. Check out a video walkthough by Hawaii Life's Susie Kunkel.  Owned by American Home Mortgage Servicing Inc. MLS#226761 

 Price Changes:

  1. Banyan Harbor G-80, Lihue. A 2 bedroom 2 bath fully furnished condo with partial ocean view.  New price $224,0000. MLS#225936
  2. 4740 Hokuloa Place, Eleele. 3 bedroom 2 bath home for $289,900. Garage has been turned into a family room. MLS#225781.
  3. 5086 Napookala Circle, Princeville $727,800 MLS#224854. An amazing location on the Makai golf course in Princeville. Over 16,000 sq. ft. Some of my buyers think the home should be leveled! Ouch... Owned by Bank of America..

Buyers often request which bank owns the property. Dealing with each bank can be vastly different whether you are purchasing a Kauai REO or a Kauai Short Sale

You can search the entire state of Hawaii at the Hawaii Life website, and even set up your own account there.

Upcoming listings include some units at the Waipouli Beach Resort. This project, located across the street from the Kauai Village Shopping Center, was sold at the height of the market. It's an amazingly high quality construction, with the utmost in amenities. However, with super high maintenance fees, the market would not sustain the original developer prices. With the start of REOs in this complex, I anticipate the prices are going to adjust rapidly just as they did with other similar projects like the Aston Island on the Beach and the Hilton Kauai Beach Resort. If you want a deal at Waipouli Beach resort, keep your eye on the market. Here is a list of all the units for sale at the Waipouli Beach Resort today.

Waipouli Beach resort night shotNight Shot from Waipouli Beach Resort in Kapaa.

Ron Margolis, RA, CDPE, ABR Hawaii Life Real Estate Services 808.346.7095 email: ron@hawaiilife.com