Category Archives: Real Estate News

Government Tax Credit EXTENDED AND EXPANDED!!

tax_credit

President Obama is expected to sign a bill passed by Congress today extending and expanding the first-time homebuyer tax credit to homes under contract before May 1.

The credit, equal to 10 percent of a home’s purchase price, remains capped at $8,000 for first-time homebuyers, but income limits have been raised.

Congress also approved an expansion of the credit to allow homeowners who have been in a principal residence for at least five of the last eight years to claim a tax credit of up to $6,500 if they sell that home and buy another.

That will provide an incentive not only for entry level, but move-up buyers — a goal supported by real estate industry groups.

An extension of the existing tax credit — currently set to expire at the end of the month — was controversial, as it will cost an estimated $10.8 billion over 10 years. Critics said most of those who have claimed it would have bought a home anyway.

Earlier this year, former real estate broker Sen. Johnny Isakson, R-Ga., introduced a standalone bill that would have raised the ceiling on the tax credit to $15,000 and lifted first-time homebuyer and income restrictions.

In the end, lawmakers who supported an extension of the tax credit were forced to add it as an amendment to a bill extending federal unemployment benefits, HR 3548, to gain passage.

The bill was amended in the Senate last week and approved Wednesday in a unanimous 98-0 vote.

House lawmakers passed the bill today in a 403-12 vote, with all 12 no votes cast by Republicans.

The Obama administration had previously indicated it would support the more limited extension of the homebuyer tax credit included in HR 3548 (see story).

Although income limits for claiming the credit will be raised from $75,000 to $125,000 for individuals and from $125,000 to $225,000 for couples, homes purchases exceeding $800,000 will not be eligible.

Real estate industry groups hailed the extension of the credit as a necessary step to sustain a fragile recovery in housing markets.

“At a time when we are finally starting to see some signs of life in the housing and mortgage markets, extending and expanding the homebuyer tax credit is a critical step to keeping the momentum,” Robert E. Story Jr., chairman of the Mortgage Bankers Association, said in a statement. 

Tax Credit Comparison Chart

FHA Loan Limits

fha_updateFHA Loan Limits As a result of the passage of the American Recovery and Reinvestment Act of 2009, on February 25, 2009, HUD published changes to FHA’s single family loan limits . Given that most of the loan limits decreased for 2009, most areas will revert to the higher 2008 mortgage limit. On October 29, 2009, House and Senate passed legislation to extend the current loan limits for FHA and Freddie Mac and Fannie Mae (the government sponsored enterprises, or GSEs) through December 31, 2010. These loan limits, set at 125% of local area median home price and capped at $729,750, would have expired on December 31, 2009 in which case loan limits would have been reduced in many markets.

HERE ARE A FEW LINKS AS A REFRESHER IN FHA FINANCING:

FHA Quick Reference Guide

FHA Lender Locator

FHA Mortgage Limits

Social Media Laws

iStock_000006260732XSmallIn the early days of the World Wide Web, legal experts compared this new electronic frontier to the Wild Wild West because there were so many unknown dangers. Well, with Web 2.0 technologies and social media proliferating at break-neck speed, it’s like the Wild Wild West all over again.

You’ll find virtual shoot outs on blogs among people who don’t agree, brand wars between modern-day Hatfield and McCoys on social networking sites, and a few love stories featuring consumers following their favorite company’s updates on Twitter.

As you launch your social media strategy—and even after you begin executing it on your favorite platforms—you need to keep all that in mind. But you also need to be sure you abide by the laws of the land. Indeed, if you aren’t careful, you could be breaking the law with your social media marketing efforts.

For starters, the Federal Trade Commission (FTC) recently announced final revisions to advertiser guidelines. The rules aim to keep endorsement and testimonial ads in line with the Federal Trade Commission Act.

What do the rules mean for you? If your social media marketing relies on endorsements and testimonies, you have to reveal any payments or other connections between your blog and the advertiser. On the flip side, it also means that if you pay a blogger to run a story about your company, that blogger has to reveal the fact. If you don’t fess up about paid endorsements and the FTC catches you, you’ll have to ante up an $11,000 fine.

Beyond the new FTC rules, there are age-old copyright and trademark infringement issues to avoid. It’s awfully tempting to cut and paste a great article, photo or image from a valuable resource and paste it into your blog or your Facebook page. But, contrary to popular belief, content posted on the Internet may be free to read but it’s not free to redistribute without permission from the copyright holder. Some people point to what’s called a legal provision called “Fair Use,” but these are muddy waters. The bottom line: copyright violations could land you in court.

Are your social media marketing efforts infringing on a corporate trademark? The name of your blog, your screen name, or a URL you choose to host your blog could be trampling on an existing trademark. Just because someone didn’t claim their trademark in the realm of social media doesn’t mean you have free reign over it. Before you settle on a URL or screen name, take a few minutes to make sure someone else hasn’t trademarked that name. It’s better to choose a different moniker now than to be forced to change your online branding later when the trademark holder decides to get on board with social media.

Another potential legal pitfall is defamation. It’s easy to get carried away with conversational language and wind up distorting the facts enough to meet with objection from a brand or person you’ve mentioned in your social media marketing. Defamation is typically associated with negative comments, because if you make positive comments that aren’t true few will seek to sue you for them.

Let’s not forget privacy laws. There are several organizations dedicated to fighting for the privacy rights of Netizens. When it comes to social media marketing, you need to be careful not to disclose the names of your clients, or photos of them or their homes, without express written permission. If your clients happen to see snippets of a letter they wrote you used as a testimonial or photos of their home with their child playing on the front lawn, they could launch a legal complaint for privacy violations.

This is just the tip of the social media marketing iceberg. There are plenty of other perils in the new Wild Wild West, from tax issues to linking practices to ownership of user-generated content and even blog monitoring liabilities. Getting savvy before you get social is a good idea. The good news is you have the opportunity to tap into the power of word-of-mouth marketing the legal way by following social media marketing guidelines—and sticking to them.

Source: Keller Williams Realty Blog

This Month In Real Estate – October 2009

Each month, This Month in Real Estate provides expert opinion and analysis on real estate trends across the nation. The aim of the consumer-oriented segments is to provide real information on real estate.
[youtube=http://www.youtube.com/watch?v=-Oq3bdOA2J8]

New Short Sale In Five-Star Gated Community In Downtown Boca Raton

Short Sale in one of Downtown Boca Raton’s most desirable full-service buildings!! – $475,000.00
Main Photo
Bedrooms: 2
Bathrooms: 2.5
Parking Spaces: 1
Year Built: 1998
Subdivision: Townsend Place
Located on Floor #: 1
Floors in Bldg: 9
Square Footage: 2000
Agent Name: Brian Pearl, P.A.
Broker: Keller Williams East Boca
MLS #: R3057209
HOA Includes: Cable, Water, Insurance, Common Areas, Etc.
Price: $475,000.00
Flexibility: Negotiable
Additional Pricing Information: Short sale subject to lender approval; broker cooperation welcome. Only ONE LENDER! Experienced short sale team has over 95% closing ratio!
Homeowner Dues: $1170/mo.
500 SE Mizner Blvd #A102
Boca Raton, FL 33432
  • Range/Oven
  • Full Refrigerator
  • Washer/Dryer
  • Dishwasher
  • Sink Disposal
  • Microwave
  • Security System
  • Vaulted Ceilings
  • 600SF Lanai
  • Marble Countertops
  • Saturnia Marble Flrs
  • Solar Tinted Windwos
  • Eat-In Kitchen
  • Swimming Pool
  • Hot Tub
  • Guest Parking
  • Recreation Center
  • Pool Deck
  • Valet Parking
  • Concierge
  • On-Site Management
  • Two Fitness Centers
  • Spa/Sauna
  • Gate-Manned Entry
Short Sale subject to lender approval; all final commissions approved by lender will be split 50/50 between brokers. Experienced Short Sale Attorney handling negotiations with bank; ONLY ONE LENDER!

**A SPECTACULAR DEAL IN TOWNSEND PLACE**
PRICED TO SELL, this spacious first floor residence is one of the few units in the building that experience 10ft ceilings. You will feel as if you’re in a private single family home, with the spacious floor plan and oversized 600 sq ft lanai overlooking the renowned Boca Raton Resort Golf Course!! Gorgeous Saturnia marble floors run throughout the living areas, and top-of-the-line details adorn the rest of the interior. Townsend Place, a full service 5-star building, includes in its amenities concierge service, valet, business services, a state-of-the-art fitness facility and a two-story Club Room that opens on to the recreational deck available for residents and their guests. Satellite TV, Wireless Internet at Common Areas (incl. the pool area), and on-site management are just a few other offerings in this gate-manned development. **Townsend Place is also a PET FRIENDLY building (up to two pets combined weight of 35lbs or one pet under 25lbs). Townsend Place Condo Association requires a $500 moving fee as well as 3 months of maintenance fees due from buyer at closing for capital reserve funding.

Brian Pearl, P.A.
561.245.1541

 

All information in this site is deemed reliable but is not guaranteed and is subject to change

Yes, The Housing Market Has Rarely Looked Better

0906_ehsPassing through the Fort Myers, Fla., airport a few weeks ago, I noticed people eagerly signing up for a free bus tour of foreclosed real estate—with all properties offering water views. During the ride to my hotel, the young driver volunteered that he had just bought his first house, paying $65,000 for a foreclosed property in nearby Cape Coral that last sold for over $250,000. He said he had never expected to be able to buy anything on a driver’s salary, let alone something that nice.

Last week, Standard & Poor’s reported that its S&P/Case-Shiller U.S. National Home Price index of real-estate values increased this past quarter over the first quarter of 2009, the first quarter-on-quarter increase in three years. Its index of 20 major cities also rose for the three months ended June 30 over the three months ended May 31, with only hard-hit Detroit and Las Vegas experiencing declines. The week before that, the National Association of Realtors reported that sales volume of existing homes was up 7.2% in July from June.

In short, the data suggest that real-estate prices hit a bottom some time during the second quarter, and have now begun to rise. There’s no way to be certain that this marks the end of the long, painful correction that followed the real-estate bubble, but clearly prices are no longer in free-fall. That means if you’ve been sitting on the fence, it’s time to act.

Ordinarily I’d never try to time the real-estate market, but I can understand why buyers have been cautious. Few want to buy in down markets, just as stock buyers avoid bear markets. And for most people, of course, buying a house is a much bigger decision than buying a stock. But with real-estate prices nationally now down about 30% from their 2006 peak and showing signs of turning up, the prices aren’t likely to go much lower. Every real-estate market is local, and so there may be a few exceptions. Overall, though, I can’t imagine a better time to buy than now.

In addition to bargain prices, buyers also should find plenty of homes to choose from. The inventory of unsold homes was 4.09 million units in July, up 7.3% from June, according to the National Association of Realtors. And mortgage rates this week were at a two-month low of close to 5%, according to Zillow. Even the stricter appraisal process is working to the advantage of buyers. Appraisals are coming in far lower than most sellers have been expecting, forcing them to face the new reality of sharply lower prices. And with stricter standards, lenders aren’t going to let buyers borrow more than they can afford, which protects buyers and helps to keep prices down.

Unless you’re really prepared to accept the demands (and headaches) of being a landlord, I don’t recommend direct ownership of real estate as an investment. The days of buyers lining up to flip Miami Beach and Las Vegas condos are mercifully gone.

There are much easier ways to make money in real estate, such as real-estate investment trusts or buying shares in home builders and other housing-related businesses (such as Home Depot). Historically, the mean rate of return on real estate has been around 3%, according to research from Yale economist Robert Shiller, who co-developed the Case-Shiller index. Shares in REITs and other stocks have often done much better.

But there’s a good reason homeownership has been such a central part of the American dream. It delivers security, pride of ownership, a sense of community and decent investment returns as a bonus. I felt glad for my driver in Florida. He represents the other side of the foreclosure crisis. For every hardship story, and no doubt there are many, others are realizing their dreams of home ownership and getting what may well turn out to be the deals of their lives.

Debt Clouds Future of Miami Landmark Fontainebleau

MK-AY137_SOFFER_D_20090903165202MIAMI — South Florida’s Soffer family, already roiled by the June bankruptcy of its $3 billion Fontainebleau casino-hotel project in Las Vegas, is grappling with troubles at another cornerstone of its $7 billion real-estate empire: The original Fontainebleau hotel in Miami Beach.

The Soffers bought the 55-year-old hotel in 2005 and embarked on a 2½-year, $500 million renovation aimed at returning it to its former glory, when it was a playground for stars including Elvis Presley and Frank Sinatra. But the 1,504-room property, which appeared in films such as “Scarface” and “Goldfinger,” now faces problems with the debt it took on, according to people familiar with the matter.

Lenders, led by Bank of America Corp., could declare a default on a $670 million construction loan for various reasons, including Fontainebleau’s failure to keep reserves to cover more than $60 million in contested liens against the property by contractors who have not been paid, these people said. A 45-day agreement not to declare default expired Monday, they said.

In a statement, Fontainebleau executives declined to comment on the expired forbearance deal, calling it a “private document.” They said the hotel is “engaged in constructive negotiations with our lenders.” The hotel has not missed a debt payment and the executives point out that it is faring better than its South Florida rivals since reopening in November.

The Miami troubles mark the latest setback in the Soffers’ recent push into big hotel projects, spearheaded by 41-year-old Jeffrey Soffer, the son of founder Donald Soffer. Known for racing cars, sailing on his 257-foot yacht and dating supermodel Elle MacPherson, Jeffrey Soffer extended the family’s luxury-property holdings with the Fontainebleau projects and the $130 million renovation of the 392-room Fairmont Turnberry Isle Resort in Aventura, Fla.

The Soffers’ biggest problem is the Fontainebleau Las Vegas, which filed for Chapter 11 bankruptcy protection in June after its lenders refused to provide it funds from its $800 million revolving loan to complete the project. Jeffrey Soffer signed $220 million in personal guarantees to secure financing for the project, Fontainebleau confirms.

Mr. Soffer, who has put his yacht, Madsummer, on the market for $175 million, says his family’s empire will persevere. “As with most businesses during these particularly difficult economic times, we are facing challenges,” he said in a statement. “But our family has always worked its way through the inevitable downturns that occur in the real estate market.”

The Soffers aren’t the first real-estate clan to be clobbered by the recession. Chicago’s Bucksbaum family lost $4 billion in the value of its stake in General Growth Properties Inc. as the mall owner descended into bankruptcy earlier this year. New York developer Harry Macklowe and his son, William Macklowe, were forced to sell the GM Building and hand over several other Manhattan skyscrapers to lenders.

The Soffers’ problems stem partly from the U.S. hotel downturn, which has pushed occupancy to its lowest levels in more than 20 years.

The Miami Fontainebleau is doing better than many. Executives say it is often more than 70% occupied, compared with 67.2% from January through July for the Miami market, according to Smith Travel Research. Dubai World, the investment arm of the Persian Gulf state, paid $375 million last year for a 50% stake in the hotel.

The Soffers stripped the iconic hotel to its foundation and shell, reconstructed each room, installed a massive swimming pool and added a spa, health club and trendy restaurants. The reopening gala was a lavish, celebrity-filled affair that featured a Victoria Secret lingerie show.

But lenders are withholding a final $26 million yet to be drawn on the construction loan until the Soffers resolve the problems with contractors, people familiar with the talks say. Those people say the lenders could also declare a default on the loan because the hotel had not delivered audited financial statements to the lenders or maintained cash-management records for the lenders’ review.

Fontainebleau executives say the contractors’ bills remain unpaid because an outside audit commissioned by Fontainebleau found that some contractors were overbilling or falsifying their work records. Attorneys for several of the contractors say they never saw results of the audit.

“I think it’s obvious there was no money to pay them,” said Herman Braude, one of the contractors’ attorneys. A spokesman for Fontainebleau declined to comment on the specific allegation from Mr. Braude.

Donald Soffer, 76, began building the family empire in 1967, when he bought 785 acres of swampland in northern Dade County to develop Aventura, a collection of country clubs, condominiums and office buildings. Last week, a Miami bankruptcy judge refused to force the Fontainebleau Las Vegas banks to pay.

“We’re working through these issues now,” the company said in its statement, declining further comment.

Congress clears way to rent foreclosures

080618-foreclosureOverview-hmed-343p_hmediumHere are two questions getting a lot of attention on Capitol Hill and from the Obama administration: When homeowners lose their houses to foreclosure, should they be able to stay in the property, leasing it at fair market rent from the lender?

Should they also get an option to purchase the house from the bank at the end of the lease term, assuming they have the income to afford it?

Before leaving for their August break, Democrats and Republicans in the House took a rare, unanimous stand on both questions by passing the Neighborhood Preservation Act by voice vote.  The bill was co-sponsored by Reps. Gary Miller, R-Diamond Bar (Los Angeles County), and Joe Donnelly, D-Ind. The bill would remove legal impediments blocking federally regulated banks from entering into long-term leases – up to five years – with the former owners of foreclosed houses.  It would also allow banks to negotiate option-to-purchase agreements permitting former owners to buy back their houses.

The idea, said Miller, is, “at no cost to the taxpayer,” to “reduce the number of houses coming into the housing inventory and preserve the physical condition of foreclosed properties,” which ultimately should help stabilize values in neighborhoods with large numbers of distressed sales and underwater real estate. 

If the bill is approved by the Senate, participation by banks would be purely voluntary.  But the legislation might encourage banks to calculate whether they would do better financially taking an immediate loss at foreclosure, or by collecting rents and then selling the property at a higher price in four or five years.

Though it was not opposed by banking lobbies, the bill quickly attracted critics.  The Center for Economic and Policy Research, a think tank based in Washington, said a key flaw is to leave decisions about leasebacks solely to banks themselves.  “If Congress does want to give homeowners the option to stay in their homes as renters,” said the group, “it will be necessary to pass legislation that explicitly gives them this right.”

Some private-industry proponents of short sales – where the bank negotiates a price that’s typically less than the owners owe on their note – say turning banks into landlords won’t work well, either for the banks or foreclosed owners who want to stay in their houses. 

Al Hackman, a San Diego realty broker with extensive experience in commercial transactions, argues that leasebacks with options to buy are the way to go – but not if banks run the show. Hackman and a partner, Troy Huerta, have recently begun putting together what they call “seamless short sales” as alternatives for banks and property owners.  Their short sales and leasebacks are “seamless” because the financially distressed homeowners remain in their properties, before and after the settlement.

Here’s how they work:

First, the bank agrees to a short sale to a private investor, just as they often do now. In the seamless version, however, the investor is contractually bound to lease back the house on a “triple net” basis – the tenants pay taxes, insurance and utilities – for two to three years. The former owners only qualify if they have sufficient income to afford a fair market rent and can handle the other expenses, including maintaining the property. The deal comes with a preset buyout price after the leaseback period. That price is higher than the short-sale price paid by the investor, but lower than the original price of the house paid by the foreclosed owners.

Hackman and Huerta already are doing seamless short-sale transactions.

Here is one that Hackman says is moving toward escrow:
A family purchased a house for $725,000 with 20 percent down in 2005, then made substantial improvements with the help of an equity line of $72,500. The house now is valued at about $500,000, but is saddled with $625,000 in mortgage debts. Enter the seamless short sale: Hackman has brought in a private investor who is willing to buy the house at current value, all cash. As part of the deal, the investor has agreed to lease back the house at $25,000 a year, triple net. In three years, assuming they’ve been good tenants, the original owners have the option to buy back the property for $550,000.

Hackman says the internal rate of return to investors can be raised or lowered based on rents and the buyback price, but typically are in the 8 percent to 10 percent range.  “It’s a win-win,” he says. “The owners stay in their houses.  Private investors get a moderate return on what should be a safe investment.”  Plus the banks are out of the equation.

Source: San Francisco Chronicle

New Regulation Z of The Truth in Lending Act

Regulation Z of The Truth in Lending Act (TILA) has undergone important changes that you need to know about when talking to your clients. These changes take effect for all new applications taken on July 30, 2009 and after, apply to ALL types of mortgage loans in ALL 50 states plus the District of Columbia, and could impact the overall timeline of the mortgage loan origination process.

Here are the four key parts of the new regulation you need to know:

  • Initial Disclosures. Under the new rules, initial disclosures must be provided to the borrower for all loan types within three (3) business days of when an application is taken or received. Initial disclosures include: the Good Faith Estimate (GFE), Truth in Lending Statement and state-specific disclosures.
  • Collection of Up-front Fees. The new regulations prohibit lenders from collecting many up-front fees prior to when the borrower receives the initial disclosures.
  • Re-disclosures. If there are changes to a borrower’s loan program, loan terms, and/or Annual Percentage Rate (APR), the initial disclosure package must be re-disclosed to the borrower, and it must be received by the borrower at least three (3) business days prior to closing.
  • Timing of Loan Closings. Prospect cannot schedule the loan closing until at least seven (7) business days after the initial disclosures are mailed to the borrower. If re-disclosures are needed because of changes to the loan program, terms or APR, the loan closing cannot be scheduled until at least six (6) business days after the re-disclosures are mailed to the borrower.

When will the housing market rebound?

MarketWhen will the housing slump finally end? Even the experts’ crystal balls are hazy. The Wall Street Journal, which Thursday reported its latest quarterly survey of housing data, says it depends on which city or part of the country you’re talking about. Home sales were up compared to last year in Washington, D.C., and Northern Virginia, Orlando, Minneapolis, Southern California, and the San Francisco Bay area, according to findings from research firm MDA DataQuick as well as reports from local real estate practitioner organizations. Sales declined in New York City and nearby Long Island, Chicago, and Charlotte, N.C., and the outlook was particularly bleak in Miami-Fort Lauderdale and much of Florida, Detroit, and Las Vegas. But Jody Kahn, an analyst at John Burns Real Estate Consulting, a research organization, points out that there are variations even in the hardest-hit metro areas with the most attractive neighborhoods continuing to thrive. Employment is the most telling factor, says Mark Zandi, chief economist at Moody’s Economy.com. “If people don’t have jobs or fear losing their jobs, then buying homes is out of the question,” he says.

Source: The Wall Street Journal, James R. Hagerty (07/23/2009)