A tribute and salute to the guys at Firehouse 10 in NYC.

On August 17, 2007, at about 11:15 pm, a couple firefighters doing maintenance on the outside of their station were kind enough to escort me inside their station to view their memorial at Firehouse 10. “House 10” as they call it, is literally 40 feet across the street from the former Twin Towers and was obviously among the very first to respond. To all those in the past and future who sacrifice to protect and serve our communities, small towns, big cities and country, thanks. The caption reads, “Ten House Bravest.”
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Note: the firefighters were very clear that I could not take a photo of the memorial with me or anyone “in the picture.” It could only be of the memorial itself.

Humble Pie: how to lose a customer(s), forever.

Tuesday morning this week I spoke with an agent customer who called to speak with an employee who happened to be taking well deserved vacation time. The agent discussed sending over a transaction but only wished to work with this staff member. They had a great working relationship on prior transactions. After I indicated that our employee was away on vacation and that all e-mail sent to our employee would be forwarded to the appropriate staff, I offered to give an additional e-mail contact for Lynlee (owner) thinking this would put the agent at ease. The agent agreed and we waited for the transaction to come through. It did come through later in the afternoon and all staff members received the transaction virtually simultaneously with no problem. The agent’s e-mail remarks were generally, ‘here is the transaction with the attachment.’ No e-mail flags or return acknowledgement asked.

The following day around noon I received an e-mail from the agent. The agent stated abruptly that because there was no response to their e-mail they elected to move the transaction to the title company escrow department that was named on the purchase & sale agreement. To say that jaws dropped was an understatement and this situation was a first for Lynlee in all the years in escrow and for our office. Lynlee and I discuss how to diffuse difficult customers and clients all the time– something you have to have in your DNA if you wish to survive in escrow. She is a master of this just by her demeanor.

Immediately after receiving notice via e-mail that this customer was not pleased, I contacted the individual by phone. With my mind spinning I mentioned that we were confused, particularly after doing work for this agent before. The customer indicated that they moved the transaction because we had not immediately responded. Flustered, I focused on the act of the agent. The transaction was closing at the end of April and we had the transaction in our office for a matter of hours.

In the end, I asked Lynlee how she would have handled it any differently. She said, “first, apologize, and lastly, apologize. Then, get back to work on the important transactions at hand.” While I realize that it is impossible to please everyone, striving to please everyone is paramount. I lost my composure, essentially driving home the point by asking if this agent would like us to drop every other transaction we are working on to assist them with a transaction that never even started—a very poor decision on my part. In hindsight, I should have asked, “in the future, how would you like me to handle your communication and correspondence?

A case for the ages. Perry Mason, where are you?

Here is a scenario bouncing around in my mind. Complicating this problem, imagine this scenario occuring two days prior to closing. What would an attorney think?[photopress:j0402451.jpg,thumb,alignright]

The facts:

A buyer who happens to be a real estate managing Broker-owner is purchasing new construction from a builder. The buyer (Broker) asks for a discounted escrow fee because buyer (Broker) has a history of referring business (sellers or buyers) to escrow company handling this closing. The escrow company refuses to discount buyer escrow fee. The seller (builder) receives an estimated HUD-1 Settlement Statement which shows an escrow fee based upon each party paying an equal 1/2 of the total escrow fee, in full compliance with the local Northwest Multiple Listing Service (NWMLS) Purchase and Sale Agreement (PSA). After reviewing the settlement statement, the builder-seller calls the escrow company and requires escrow company to reduce the escrow fee because it is “tradition” or the seller (builder) will refuse to close. Learning of this, the buyer wants the same fee as the seller. To comply with the law, the escrow company must comply with the terms of the purchase and sale agreement, in addition to complying with RESPA. Locally, the Northwest Multiple Listing Service Form 21 Section ‘H’, line 56, provides that:

Seller and buyer shall each pay one-half of the escrow fee unless the sale is FHA or VA financed, in which case it shall be paid according to FHA or VA regulations.

Escrow raises this issue and asks parties for clarification because the purchase and sale agreement in question has no other addenda indicating disclosure of builder-seller receiving a discounted escrow fee. Once again, the seller (builder) immediately requests escrow to discount escrow fee or they refuse to close and further escalates the issue by threatening to move the transaction.

This problem raises a few issues.

  1. Is the Broker/buyer in clear violation of RESPA regarding potential kickbacks?
  2. In this case,there is no builder addendum indicating or disclosing to buyer/Broker that the builder will be receiving a discount. Builders routinely receive significant discounts on escrow fees, particularly if closing through a title company. Many builder generated addendums address the discounted escrow fee.
  3. Under the terms of the purchase and sale agreement, is the builder potentially in breach of contract by refusing to close? For example, if the buyer, who happens to be a real estate broker, (never mind asking for a discount equal to the builders perceived “traditional” escrow rate) stood firm by indicating each party shall pay an equal escrow fee as provided in the PSA, would the builder be in breach of contract?
  4. Does the buyer and seller understand the purchase and sale agreement terms?
  5. How does HUD treat the situation where builders receive discounts in title or escrow fees?
  6. Do you think this scenario is plausible?

All you Perry Mason’s, looking forward to your comments…..

The Escrow Files: the funny side of escrow

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While in Leavenworth, Wa. recently, Lynlee and I stumbled upon a variety shop in town with a wall of extremely funny quotes on mugs and urns like this. Had to buy it!

The things you hear out in the field can be very funny. Today, while waiting at a real estate office, I overheard probably the funniest conversation yet:

“…..I thought they just paid the water bills and stuff like that?” (referring to escrow)

It reminded me of a comment by my mother-in-law (sorry Lynlee, I do love your mom, but sometimes…) talking about her neighbor who is a retired Firefighter for the City of Seattle:

“oh, I think all he did was just turn the water on.”

Wherever you close your transactions, life is good in the escrow business!

Rhonda Porter, memories?

Tightening Lending Standards: A market conundrum

What will lending standards look like 6 mos. or a year from now? Will lenders with more stringent qualifying standards be a drag on the market? At minimum, it will change the complexion of the pool of buyers. Some ramifications of tighter standards that come to mind:

  • reduces ability of consumers with credit blemishes to purchase a home as easily as before.
  • it may take longer for loans to be pushed through, because
  • borrowers may have to provide more verifiable documentation.
  • lenders may look more carefully at appraisals and implement other safeguards to reduce fraud.
  • reducing the probablity of those buying a home with questionable credit from getting into financial trouble (which leads to distressed properties which leads to downward pressure of prices)
  • a more stable and credit seasoned pool of borrowers, leads to stable and healthy markets.
  • housing affordability becomes much more tied to economic fundamentals vs speculation and artificial housing appreciation.

Over the last three years or so, qualifying for a mortage has been absurdly easy. There is no doubt about it. When my wife and I bought our first house (670 sq ft) in Ballard, I barely qualified for an FHA ARM. I think the underwriters were cringing and looking away when they stamped it “approved.” We had to provide bank statements, two yrs. of tax returns and more.

Today, borrowers with average to low credit scores could get a loan with virtually little oversight. What program buyers qualified for largely depended upon borrowers credit scores. In the end, it really came down to the interest rate you were going to pay. It was never a matter of “if” you could get a loan, rather, it came down to the interest rate and program you were placed in.

A conundrum

In hindsight, most first time homebuyers that closed their purchase transactions though our escrow office put little to nothing down over the last three years. It is still going on today, but not nearly at the tempo that our office experienced in all of 2005 through summer of 2006. First time home buyers drive the market, providing impetus for sellers to move up into a home that suits their current lifestyle. For many, that meant moving to new construction housing. If the first time buyer market slows, everything down stream slows as well.

Through my direct discussion with loan officers, some have indicated that lenders are scrutinizing transactions more carefully. One indicated that a recent appraisal was required to add more comparable homes and provide interior photos of the subject property being purchased.

WMC, a large national lender and a wholly owned subsidiary of GE Finance (my spouse has now informed me that WMC is no longer, but is now taking the GE name) is slated to eliminate all 100% financing with borrowers having FICO scores below 700. Further, they are financing first time home buyers (FTHB’s) at a 95% cap. I take this to mean that FTHB’s will need a 5% down payment. This is quite the turnaround from the loose lending standards we have seen.

If lending standards tighten with or without government intervention, certainly it will have an impact on the ability of buyers with marginal credit to become a homeowner. Those with existing mortgages may find it more difficult to refinance. I can’t help but think of all the 100% financed borrower transactions our office has closed—borrowers that may not have qualified (nor closed) if these guidelines were in place today. In 2005, that meant 71% of our purchase/sale business would have never existed as it did (hard swallow).

Generally, with sales trending slower than in months past, stricter qualifying standards may have enough impact to slow sales further. I hope it does not, but I don’t see the alternative as being realistic. The upside is that the pool of homebuyers may move towards more traditional mortgage products, such as fixed rates. More stringent qualifying standards is a good thing for the market long-term, even if the short-term prognosis is discomfort.

$100,000 + in consumer savings: It pays to shop

[photopress:j0409344.jpg,thumb,alignright]Since Ardell mentioned the rebates her clients enjoyed, it got me thinking about our small business and how we stack up. During 2006, our purchase and sale clients saved over $60,000 in escrow fees alone compared to our competitors, more if you add up all the other industry inventions consumers are charged for. That figure does not even include the refinance business our office closed.

Put this in perspective:

Let’s say the median sales price in the Seattle area for a single family house is about $450,000 and the fee a seller pays to agents is $27,000, or 6% of the sales price. In contrast, the escrow fee each party (buyer,seller) pays at our office is about .0011111 or 1/10th of one percent of that same sales price. This illustration is not to say agents are overpaid.

Evidently, escrow fees are negotiable. Over the last few weeks our office has received a few calls from people asking if we will match certain title companies who are dropping their escrow fees—ironically, to levels that our clients have enjoyed and where we’ve been residing for the last three years running.

It pays for consumers to shop.

End of Month Fireworks: LOE's and YSP's

(LOE) Letter of Explanation:

Can a loan officer draft their own letter of explanation (typically to explain issues on a credit report or some other circumstance) on behalf of the borrower? Is this ok, ethical or worse, fraudulent. If they can draft the letter and the borrower signs it, is it acceptable at that point? If underwriting became aware of this, even though the borrower signed the form indicating that it is a true statement, would that fly? My wife and I are arguing over this, but we don’t know the answer.

YSP (Yield Spread Premium):

There may be some agents that do not understand this, so I’ll let the loan officers explain its meaning and various uses.

Recently, a borrower at a signing was given a brutally clear disclosure/explanation of the YSP as part of their loan package. It disclosed how the YSP could be used to assist the borrower in paying for closing costs, or buying down the interest rate or used as additional compensation to the loan officer for INCREASING (this “increasing” verbage was on the disclosure and not used here for effect) the interest rate over what the borrower could have received. This disclosure actually stated the interest rate on the note and the specific amount of the compensation going to the broker over and above the 1% loan origination. I’ve never seen such a clearly explained YSP disclosure. Many lenders do not have a YSP explanation disclosure as part of the loan documents.

Did the disclosure or the loan officer (LO) kill the transaction (with borrowers who had sterling credit, pushing the envelope with a 3 yr. pre-pay penalty AND the YSP)? I really would like comments because my guess is that the LO will blame the lender. In this case, the borrower was highly concerned (there is a better word for it , but concerned will do) and promptly called the LO to discuss the situation and I’m speculating that the conversation also touched on why this disclosure was not given when they made loan application or on the GFE. The borrowers promptly signed the rescission and left. Although I am somewhat aware of up-front disclosures on the lending side, perhaps someone in the business could shed light on this. Obviously, you cannot know loan fees until the lender, loan program and interest rate is chosen.

Lastly, should any escrow firm be entitled to a full escrow fee for fulfilling their job and recovering any third party fees incurred during the escrow period? Any escrow/title/attorney folks want to comment on that?

Good Morning (It's Friday!)

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Photo:7:15 am. oriented south towards Mt. Rainier ,1/12/07

Copyright Tim S. Kane

Wish I had a wide angle lens to showcase the rose colored snow on the Cascade and Olympic Mountains. Nothing like waking up to a day of Sun in the Pacific NW! If I uploaded the full size picture it gets smaller and the Moon is removed. Maybe there is a trick on WordPress to keep pictures the same size but I haven’t figured it out.

Redfin vs. Establishment

Redfin creates Red Faces

With Redfin I think they create red faces in the market, mostly from competitors, not their very own clients. With all the debating taking place (see last few comments) about variations of service levels and discussion about saving $20,000 in commissions but losing $100,000 in price for an agent’s (implying Redfin or similar models) lack of negotiation skill —an argument I disagree with—maybe the only way for consumers to feel like they are being well served is to set their own benchmarks for the people they entrust to help sell and buy homes. Realtors have exceptional value, but as an industry have allowed foolish internal cultural policy to dim the light. Instead of setting benchmarks for delivery of value that consumers get, industry insiders have to spend copious amounts of time trying to tell each other why a model will fail. If you want meaningful debate, invite consumers on a panel telling why one model worked for them vs. another. APB to Brad Inman…. try that.

No industry benchmarks

The real issue, in my opinion, is that consumers are given no tangible and bonafide benchmarks for placing value received for commission they pay. Why should consumers pay an identical commission like the “negotiable

An '07 Resolution: Convey quality

The opposing messages are crystal clear

Everyday I drive to work I see the sign on the right competing with the sign on the left.

The original traditional real estate post and sign on the right was knocked down nearly every week due to our blustery weather. Finally, probably in frustration or embarrassment or both, the owner or agent drove two treated 4×4’s into the ground, nailed a piece of plywood up and nailed or stapled the “For sale sign” on top along with the special features cascading below. To boot, if you look closely at the grainy picture, you can see the actual for sale sign down on the ground again.

Both of these homes are high end properties. Both are listed well over a million. Perhaps Robbie’s prior post regarding Realtor/Broker budgeting on technology and marketing is quite true.

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