Smart Real Estate News & Commentary by Chris McLaughlin October 25, 2010
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Bernanke takes foreclosure problems seriously
That’s always good to know. Federal Reserve Chairman Ben Bernanke said Monday that a federal agency review of foreclosure procedures at the nation’s largest mortgage servicers should be completed next month. “We take violations of proper procedures seriously,” Bernanke said in remarks prepared for delivery at a joint conference in Arlington, Va., with the Federal Deposit Insurance Corp. on Wall Street’s foreclosure procedures. “I would like to note that we have been concerned about reported irregularities in foreclosure practices at a number of large financial institutions,” Bernanke said. “The federal banking agencies are working together to complete an in-depth review of practices at the largest mortgaging servicing operations.”
“We are looking intensively at the firms’ policies, procedures and internal controls related to foreclosures and seeking to determine whether systematic weaknesses are leading to improper foreclosures,” he said. “Now, more than 20% of borrowers owe more than their home is worth and an additional 33% have equity cushions of 10% or less, putting them at risk should house prices decline much further,” he said. “With housing markets still weak, high levels of mortgage distress may well persist for some time to come.” Bernanke said the conference will also focus on results from the ongoing program by the Federal Reserve Bank called the Mortgage Outreach and Research Effort, or MORE.
Hiring outlook slightly improved
In its October industry survey, the National Association of Business Economics (NABE) said Monday that employment conditions improved in the third quarter to the highest level since the start of the 2008-2009 recession. Looking ahead, expectations for hiring over the next 6 months rose to the highest level since 2006, according to the survey. A little over half of the economists in the October survey expect gross domestic product, the broadest measure of activity, to expand by more than 2% this year, down from 67% in July. While the overall employment picture appears to be getting better, the job market is expected to remain under pressure into next year. Earlier this month, NABE economists forecast the unemployment rate to rise to 9.7% this year, and then fall to 9.2% by the end of 2011. Unemployment in the United States currently stands at 9.6%. Still, the October survey showed the percent of respondents reporting a decline in employment fell to 12%, a large improvement from the 31% reporting declines a year earlier. The survey also found that profits at U.S. companies are increasingly being driven by sales in overseas markets, suggesting the weak dollar continues to be a boon for exports.
According to the survey, more than half of respondents indicated that some portion of their firm’s sales came from operations outside the United States, while 16% said that over half of their sales came from foreign sources. Meanwhile, a majority of respondents believe current regulatory policies and federal taxes will be a drag on business next year. However, they also expect the Federal Reserve’s move toward more easy monetary policy will support business in 2011. The private sector is still struggling to adapt to changes in the regulatory landscape after President Obama signed a sweeping financial reform bill into law earlier this year. In addition, Congress has yet to decide the fate of tax cuts that are set to expire at the end of this year. At the same time, the U.S. central bank is widely expected to announce additional stimulus measures next month. Fed officials, including chairman Ben Bernanke, have signaled recently that the bank is prepared to pump more money into the economy by purchasing Treasuries.
Dollar falls after G20
The dollar fell toward a one-week low against the euro after Group of 20 leaders vowed to avoid weakening currencies to lift exports. The yen approached a 15-year high against the dollar on speculation Japan will refrain from intervening in foreign- exchange markets. The Australian dollar was within two U.S. cents of parity with the greenback on prospects the G-20 pledge will calm trade tensions and the Federal Reserve may signal a second round of bond purchases at its Nov. 2-3 meeting, boosting demand for higher-yielding assets. The dollar fell to as low as $1.4012 per euro, near its weakest since Oct. 15, as of 9:57 a.m. in Tokyo from $1.3954 on Oct. 22.
It declined 0.3 percent to 81.11 yen, close to its 15- year low of 80.85 which it touched on Oct. 20. The euro gained to 1.3672 Swiss francs, the most since Aug. 11, before trading at 1.3665 from 1.3632 on Oct. 22. G-20 officials pledged to refrain from “competitive devaluation” and to let markets set foreign-exchange values as they sought to calm fears that a trade war may break out if nations use cheaper currencies to spur growth. Officials called for more sustainable current-account gaps without embracing a U.S. proposal for targets, as they ended talks in South Korea on Oct. 23. The G-20 Seoul Summit will be held on Nov. 11 and 12.
Freddie – foreclosure pipeline slowing
Freddie Mac, one of the two government-owned entities that finance about half all US mortgages, says that homes are taking as long as eight months to work their way through its foreclosure pipeline, two months longer than was typical before the housing crisis began. The delay is the result of more borrowers staying in their homes for months after foreclosure proceedings have begun, requiring Freddie Mac to evict them before it can put those homes back on the market. Fannie Mae, the other government-owned mortgage finance company, declined to say how long its process took. A record number of foreclosures is contributing to the slowdown, but so are mounting legal questions surrounding bank procedures to repossess homes from delinquent borrowers. Some 6.7 million homes are either in some stage of delinquency or foreclosure, and nearly 30 percent of all home sales are of distressed properties, according to Core Logic, a real estate data tracker. In some hard hit markets, such as Phoenix, Arizona, the number is far higher.
“People understand that it’s difficult for lenders to get them out of their homes, and so they are staying longer,” said Mark Zandi, of Moody’s economy.com. “In the past, if you got an eviction notice, you were likely to leave quickly. Now people are staying until there is a sheriff at their door.” Some sheriffs are refusing to evict homeowners, following disclosures in court depositions that banks flouted state laws by filing thousands of foreclosure documents without verifying the accuracy of the information they contained. A Chicago-area sheriff has ordered deputies to stop carrying out foreclosure evictions over concerns that banks may be reclaiming properties from the wrong people. In the case of Freddie Mac and Fannie Mae, which together sit on more than 190,000 foreclosed properties, the process of getting distressed homes ready for resale can take months and cost millions of dollars. If borrowers still occupy the homes, Freddie Mac will offer them financial assistance with relocation, a program known as “cash for keys”. Eviction proceedings are a last resort.
Home sales jump 10%, but that’s not saying much
Sales of previously occupied homes rose last month after a dismal summer but remain well short of healthy levels. The National Association of Realtors says sales grew 10% in September to a seasonally adjusted annual rate of 4.53 million. They were still down 19% from the same month a year earlier. August’s results were revised downward slightly. High unemployment, tight credit and the prospect of future declines in home prices have kept people from buying homes. Plus, the prospect of lawsuits from former homeowners claiming that banks made errors when seizing their homes is making some consumers fearful about buying foreclosed properties. The median sale price was $171,700, down 2.4% from the same month year ago.
Now for our real estate education section…
Out-of-State Listing Lawsuits Likely to Have Major Implications
Just when you thought things couldn’t get much worse in the real estate industry, comes the news that out-of-state listings are now in the limelight. As most of the nation is glued to the news about robo-signers and banking bail-outs, the little noticed headlines about out-of-state listings has failed to gain much attention. That doesn’t mean it’s not important. In fact, this little tidbit might have a more immediate impact on the average short sale or real estate investor than other events making the evening news night after night.
The Crux of the Issue
The out-of-state listing lawsuit(s) primary deal with sites like ForSaleByOwner.com and other flat-fee listing sites who place their listings on MLS related sites like Realtor.com or other MLS/Multiple Listing Service sites. This practice has become fairly common in recent years as a method to generate maximum visibility however regulators in states ranging from Alaska to Nebraska have issued cease-and-desist orders against at least one major broker in California who has used this strategy without being licensed in the named states. According to the states, only those with a current valid state license may negotiate listings, sales or purchase of a property or “….assist in procuring prospects”. Traditionally, sites like ForSaleByOwner.com would pay a broker to list MLS properties in distant markets but other sites like Move.com objected since these properties were not represented by an agent or broker.
Potential Implications
What does this mean for the future of flat-fee sites? It depends. Certainly they are not in direct competition with major MLS listings as the majority of by owner and other flat-fee sites currently comprise a small fragment of the major market. However, without the ability to market via MLS listings, total viewership may remain so small as to create an early demise. Advocates of the current system claim the recent updates to state laws are not constitutional and do not apply because they are not providing real estate related services such as price negotiations etc., only a form of advertising for owners that wish to sell without the use of a Realtor.
Part of the problem comes in due to the templates used by MLS related sites such as Realtor.com which use language that repeatedly refers to the broker or agent which requires a state license to conduct business in each state. Because this has already reached the federal level, experts believe it will have far reaching implications for states around the nation. Given the tax hungry status of most states, it is likely they will support anything designed to increase revenue including more stringent requirements toward licensing in order to post properties to the MLS listings. It would take a far sighted politician to realize that moving real estate is good for everyone. Critics claim this will lead to a situation of stagnation in the industry as a stringent interpretation will require 50 different state licenses in order to access 50 different MLS systems.
Bottom Line
If a state has laws on the books that can fine or prosecute people for performing the work of a real estate broker without a license and you place flat-fee listings on the MLS for that area, it’s time to start searching for alternative methods to make contact with prospective clients or work with a licensed broker. Realtor.com, the official National Association of Realtors site, is one of the largest and most popular MLS listings in the nation. Traditionally sites like ForSaleByOwner.com would pay a broker to list MLS properties in distant markets but other sites like Move.com objected since these properties were not represented by an agent or broker. In recent years the Federal Trade Commission/FTC has tried to force the MLS providers to adopt a more open and inclusive policy toward limited service and flat-fee brokers but critics point to this latest move as evidence of a tightening policy instead.
See you at the top!
Chris McLaughlin
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About the author:
Chris McLaughlin is widely known as America’s top
Real Estate Attorney and Investment Consultant.
* As the top Florida foreclosure and pre-
foreclosure expert, he oversees more than
100 short sale & REO closings each month
* Long-time authority on real estate investing
and rapid reselling of distressed homes. Owns
portfolio of nearly 100 high-value, high-profit
properties
* Owner of one of Florida’s largest Real Estate firms,
running 4 different offices, supporting over
400 agents, uniquely positioning him to help
thousands of investors make money in the
biggest market opportunity ever!
* Highly sought-after speaker, consultant, and
seminar leader for current trends and hot topics
in Real Estate Investing, Entrepreneurship, and
Wealth Building
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