Mortgage fraud continues – because there’s humans involved

Update 9-22-2014: Still no FBI updates on mortgage fraud – gee, do you think it has stopped? Right…

As of the date of this post (5-15-2013), there have not been any formal FBI reports on mortgage fraud since 2010.   But at the FBI’s website regarding mortgage fraud , there have been several press releases regarding mortgage crimes.

Could it be that the US Government has licked the mortgage fraud problem and therefore the FBI is no longer reporting it in significant reports?  I don’t think so.

Source:  http://www.federalcriminaldefenseblog.com/2011/08/articles/mortgage-and-foreclosure-fraud/real-estate-market-may-be-down-but-mortgage-fraud-rising/

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California Agent Visual Inspection Disclosure (AVID) form

Even though I’m in Georgia and we don’t do this…yet…it still makes me ask the question :   Why?

For the benefit of Buyers, Sellers, or thousands of California attorneys who can sue? Even though the form stipulates that the AVID form doesn’t replace a home inspection or seller’s disclosures what happens if the agent leaves something off that “someone in the future” determines should have been listed?

In addition to a California Seller’s Disclosure Statement, California also requires real estate agents on both sides of the transaction to complete an Agent Visual Inspection Disclosure (AVID) form that outlines basic interior and exterior conditions, with certain limitations outlined on the form, they see at the residential property. It’s designed to help agents in fulfillment of their inspection duties.

Is this a good idea, beneficial to anyone, opens omissions liability & inflates E&O insurance premiums, or overkill?

Has its implementation been rewarding to either the Buyers or Sellers?

Do people still buy homes in California regardless of what the AVID form reveals?

Sounds like another level of bureaucracy and waste of time which is why I fear it since Georgia now requires my proof of citizenship for not only a driver’s license, but to get a real estate license.

Source: http://realtytimes.com/rtpages/20130430_agentinspection.htm

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Real estate transfer taxes

Without real estate transfer tax, Chicago property tax hike might be inevitable

Opinion The emergence of local real estate transfer taxes

7-29-2017: COMMENTARY: Hike in property transfer tax detrimental to Delaware>/a>.


Update 7-18-2017: Real estate market slowdown may impact land transfer taxes.

Update 7-16-2017: Real Estate Transfer Taxes per state.

Update 2-24-2016: The community of St. Helena, California is debating many options to raise revenue for road, sidewalk and park maintenance. One favorable option is a Real Estate Transfer Tax of 1% on the sale of homes. Although I agree that if roads need maintenance, local residents should be willing to pay for that maintenance. But as for the true cost of maintenance and other improvements, it may not be so clear. Please read my post on Sidewalks – do we really need them?

Update 11-20-2013: Good luck Frederick, MD, but I think you’re screwed – transfer tax will be implemented and at least the cost is shared equally between Buyer and Seller – in Georgia, it’s charged to the Buyer. Source: http://www.fredericknewspost.com/news/economy_and_business/business_topics/real_estate/article_e7a50470-7b93-5776-9cff-d71079b6129c.html?mode=jqm

Update 5-22-2013:  Michigan is challenging Fannie Mae and Freddie Mac for millions of $ in unpaid transfer taxes on foreclosures and taking their fight to the US Supreme Court. Source: http://www.freep.com/article/20130520/NEWS03/305200113/Oakland-County-vows-take-fight-real-estate-tranfer-tax-fight-Supreme-Court

I once searched the reason for Transfer Taxes in the state of Georgia and a former definition I saw on a Georgia government website was a reference that “since it is a privilege to sell property in Georgia, we’re gonna tax you.” Since then, the website has been modified.

Basically, the transfer tax (not to be confused with the Georgia Intangibles tax) is another tax – but instead of just being charged on certain real estate transactions, it’s charged anytime a real property is transferred to another owner. However, it is entirely negotiable as to who pays the answer tax and is not the responsibility of the Buyer or the Seller.

Now the Georgia Transfer Tax rate comes to a prorated $1.00 per thousand (or portion thereof) of sales price of the residential property.

I’m not sure what the transfer tax feeds in Georgia – it may be that it helps to finance Georgia’s  investigations into mortgage fraud or the Department of Banking and Finance who oversees lenders, mortgage brokers, etc.,. Or if it just gets rolled into the General Fund used to pay for other unrelated things…such as golf outings or Christmas parties.

Source:  http://www.siouxcityjournal.com/advertorial/siouxland_homes/the-scourge-of-real-estate-transfer-taxes/article_068062db-3bb1-5f25-9b18-17f5574bdd0f.html

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

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Short Sale Lease Back – Legitimate Alternative to Foreclosure?

I am not sure about this program or non-profit organizations who are doing this, nor do I know anyone who has performed this transaction, but it is an interesting alternative to a straight short sale and eviction. Here’s an article explaining the transaction.

A Short Sale and Leaseback is basically a situation where the current homeowner is allowed to sell the property to a non-profit organization (i.e., HomeStrong USA), and then rent it back from the same non-profit organization.

My take on it is that there are several requirements and conditions and most financial institutions/banks will not allow it since many short sale agreements I’ve seen includes a stipulation that the purchasing party will not lease or sell it back to the previous owner.

Is a short sale leaseback legal or illegal?

Source: http://realtytimes.com/rtpages/20130426_shortsaleleaseback.htm

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USDA (US Department of Agriculture) Mortgages

The USDA offers the Housing and Community Facilities Programs (HCFP) which helps rural communities and individuals by providing loans and grants for housing and community facilities.

Sometime lenders make loans an they are guaranteed by the USDA, and sometimes the USDA makes direct loans to individuals (called Section 502 loans that are primarily used to help low-income individuals or households purchase homes in rural areas).

Like any other mortgage, if homeowners under the USDA loans fall behind and foreclosure is necessary, the USA will proceed with foreclosure.

However, a recent WSJ article (4-2-13, C2) mentioned that the USDA is backing off foreclosing on properties for those homeowners they determine can’t afford to pay off the loan (however that’s determined – no gold teeth???).  Apparently, the USDA doesn’t need permission by a court to collect on a debt and can seize government benefits or tax refunds to cover back payments even prior to foreclosure.  Most recent numbers indicate as of 2011, almost $800 million delinquent USA mortgages exist and only $45 million (about 6%) were collected.

Also, in fiscal 2011 alone the USDA guaranteed about $17 billion in mortgage and issued over $1 billion of direct loans. The latest data I could find on the USDA website = USDA Rural Development has a $181.1 billion portfolio of loans and will administer $38 billion in loans, loan guarantees and grants through our programs in the current fiscal year.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

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Cobb Housing, Inc.

Comprehensive Counseling in the Marietta and Cobb County area

Cobb Housing, Inc. is a non-profit community based organization designated as a State of Georgia Community Housing Development Organization. The agency‟s mission is to enhance the community by providing a full range of affordable home ownership programs and services. Since 1993, Cobb Housing, Inc., a NeighborWorks America charter member, has provided individual and group pre-purchase, post-purchase and foreclosure prevention counseling to Metro Atlanta residents. The agency also provides foreclosure prevention and loss mitigation counseling through the National Foreclosure Mitigation Counseling Program. Cobb Housing, Inc. served 1,150 during Fiscal Year 2009.

268 Lawrence St NE Marietta, GA 30060
(770) 429-4400

WEBSITE (Once they pay for the renewal of web hosting): http://www.cobbhousinginc.org/

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

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Federal Deposit Insurance Corporation (FDIC) News

3-17-2014: After other lawsuits against large banks due to the LIBOR (London Interbank Offered Rate) “rate fixing” scandal, the FDIC has jumped in to sue 17 large banks claiming they colluded to manipulate the rate and it subsequently affected the closure of 38 “failed” smaller banks through LIBOR’s manipulation.

Not much to say for its success as of 2013 except that only about 4 million homeowners have been assisted and of those, about 46% have re-defaulted.

12-19-2013: J.P. Morgan sued FDIC over their role of “encouragement” to eat Washington Mutual and their belief that FDIC agreed to protect certain WaMu liabilities from JP Morgan’s responsibilities. Source: WSJ, 12-18-2013, C1.

10-22-2013: In addition to insuring the 6,900 US banks, FDIC warns of liquidity issues and future bank failures given rising interest rates and sufficient liquidity to pay short term higher rates with long term low rate bond revenue. Source: WSJ, 10-9-2013, C3.

4-11-2011: The $75 Billion FDIC Homeowner Affordability and Stability Plan (another $200 billion was authorized for Fannie Mae & Freddie Mac) (www.financialstability.gov) is a comprehensive plan designed to help 9 million responsible homeowners avoid foreclosure by providing affordable and sustainable mortgage loans.

Loan Modfications – ($50 Billion) – Treasury plans to make mortgage payments affordable and sustainable for middle-income American families that are at risk of foreclosure.

Refinancing – ($25 Billion) Borrowers who are current on their mortgage but have been unable to refinance because their house has decreased in value may now have the opportunity to refinance into a 30-year, fixed-rate loan.

Source: http://www.fdic.gov/consumers/loans/hasp/

FDIC plans to sell some real estate connected to CMBS (Commercial Mortgage Backed Securities)

The real estate for sale will come from the over 300 failed banks since the mid 2000’s.

The real problem will be the perceived market valuation of these physical properties and the anticipated market values that the FDIC thinks they’re worth.

The FDIC intends to open up more than $500 million in loans to see the associated real estate secured by those loans, but I think that the total current market value of some of those properties purchased during the real estate craze in the mid 2000’s may be 30-50% less than loan value based on what I have seen or heard about property values.  Also, FDIC has $34 billion in assets from failed banks up for sale…no telling how many others are on FDIC books not yet up for sale, or those pending bank failures.

Source:  WSJ 10-20-2010, C6

Source:  http://www.globest.com/news/1772_1772/washington/fdic-plans-to-sell-some-realty-assets-as-cmbs303630-1.html

FDIC – Federal Deposit Insurance Corporation – What’s it up to?

WSJ 10-13-2010:  The Financial Stability Board (group  of regulators, central bankers and international finance ministries) are set to propose stricter capital requirements and plans by firms on how they should be dismantled.  The FDIC plans to prevent any payments to shareholder/long term debtholders in the event of a firm’s failures to prevent funnelling money that could have been used to pay some creditors.  The Treasury department objects to the FDIC control discretion and fears some creditors would leave when signs are telling them the end is near (or just doesn’t like to share their power).  But FDIC’s stance is the “clawback” provision (i.e., go back and collect money from someone who shouldn’t have received the amount).  The FDIC can also charge a fee in financial industry to cover some expenses to try to prevent taxpayer .money for any bailouts.

10-8-2010:  FDIC targeted 50 executives and directors of failed banks to try and recover about $1 Billion in losses charging negligence or misconduct.  Note: 287+ banks have been closed since 2008.  In July 2010, the FDIC sued four former IndyMac Bank executives for $300 million in damages but cost the FDIC $12.7 Billion.

10-8-2010:  Government regulators plan to create new rules for FDIC to use their discretion when sizing and dismantling a large financial firm (in a non market disruptive manor) and settle creditor claims based on critical nature to keep operations going or maximize the value of the firm. In other words, all creditors will lose money – it’s just that some will lose more of their exposure than others.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

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Consumer Financial Protection Bureau (CFPB)

8-24-2013:  Richard Cordray completed Senate confirmation in July.  Funding for the CFPB is controlled by the Federal Reserve – not Congress.

Well, the CFPB, established by the Dodd-Frank bill, has certainly pulled in the reigns and limited mortgage lending definitions amongst other troubling behavior. But one good thing the CFPB is doing is to come down on large banks like Bank of America and others that are not only charging significantly higher bank fees, but artificially and intentionally driving up fees and charges by processing a customer’s withdrawls in an order to create the greatest number of NSF type withdrawls (i.e., bank overdraft fees). For instance, if a customer has $200 left n their account, and has 3 charges totaling $300 – one over $200…then the bank processes the largest one fist, and therefore generates 3 overdraft charges instead of just one. Source: WSJ, “Reguators Turn up Heat Over Bank Fees”, 6-11-2013,Page A1.

Here’s the link to file a complaint.

See my earlier post “CFPB & the Qualified Residential Mortgage (QRM)” dated January 11, 2013.

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Income tax liens and property tax liens

Good article from Ilyce Glink about some of the issues about income tax liens.  Bottom line on Income Tax Liens: In Georgia, the closing attorney should have a title search performed regardless of whether a loan is involved or not, but be sure to ask that one be performed. Make sure there are no (i.e., unpaid) income tax/property liens that will not be covered by the Seller, or any other liens on the property; ensure the property can be covered by title insurance; and you purchase owner’s title insurance to protect your down payment and/or other costs to defend your title.

My opinion: I really can’t believe the IRS lien would ever expire.

Source:  http://www.washingtonpost.com/realestate/irs-liens-can-complicate-a-property-sale/2012/05/11/gIQASf5BIU_story.html

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Georgia Security and Immigration Compliance Act (Georgia SB 529)

The 2006 drafted act requires the use of a Federal program (SAVE) to administer public benefits using a verification system.  However, not all Georgia agencies that administer public benefits use the system.

Currently, only Georgia public employers and their contractors “are required” to use the Federal E-Verify system (verification of legal immigration status).  Georgia House Bill HB1259 (Georgia Employer and Worker Protection Act) proposed in 2010 requires all employers to use the Federal E-Verify system to obtain or renew a business license.

Why am I writing this in a real estate blog – simple!

Jobs for Americans and legal immigrants can help strengthen our country and our real estate markets.

Does your State Representative and Senator support both SB529 and HB1259?

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