Discrimination – “Love Letters” to Sellers

A Cautionary Tale that Multiple Offers can lead to Discrimination in Housing…somewhat inadvertently.

I had a young couple ask me if they should submit a “love letter” to the owners of the home with their offer. I had not heard the letter called “a love letter” before, but it reminded me that I had used a letter like this back in 2006 or so when the home had over 20 offers. I included a lovely picture of the couple and their two children.

Fast Forward to 2012. This year there were many multiple offer situations and in one case a lovely old couple who had lived in their home since it was brand new and for over 30 years did not choose my clients and I was told it was not about price. ??? What WAS it about then?

Long story short…my clients did get the home. Sometimes Sellers say “I want a nice family who is going to raise their family in “our” home the same way we did”. They identify with the buyers of the home and want to picture a “loving family” in the home that they love so much. They don’t intend to discriminate…but…net result???

There has been a lot of talk over the last 5 or more years about “Why do we NEED an agent?” A reminder that often the agent is the ONLY one in the room who can see when a law is about to be broken…intentionally or not.

We are not licensed to SELL Real Estate.

We are licensed to represent people who Buy and Sell Real Estate.

Many agents believe that they are simply passing paper back and forth between buyers and sellers and must follow the instructions of their clients. This is a CAUTION that many people need to be told when they are entering into that gray area of “unlawful” as it is not always blatant discrimination.

Sometimes the seller asking

“which offer is from that cute couple with the baby?”

IS discrimination.

The agent should say: “Let’s look at these offers on their merits, without regard to WHO is making the offer”. People who discriminate often do it quietly, without notice, and sometimes scream the loudest that they are NOT…when someone calls them on it.

Calling a Piece of Junk Mail

mortgage spam emailI just published about junk mail that I received on my blog… but it doesn’t even compare to the piece of garbage we received in the mail today.  In fact, it was so bad, that I decided to call them to learn more about their services.

The mailer looks very official. It states “important legal information inside – please open immediately”.  No where on this POS does it disclose who this is from.  Not on the upper left corner of the envelope and nor in the actual body.

It does reference our mortgage company who originated the mortgage (Mortgage Master Service Corporation) and in the tiniest of small print at the bottom, discloses they’re not related to the mortgage company.

It goes on to say that the letter is from the “Loss Mitigation Administration Office” and that we receiving the notice because we may be eligible for “special modification program guidelines in conjunction with the New 2012 Home Modification Program… HAMP2 is an aggressive update to Obama’s original program. This new program may enable you to modify your existing home loan and reduce your monthly mortgage payments, receive interest rate reductions…without the traditional restrictions of credit history, income or employment status, equity and reserves…”

It goes on to offer a 2% fixed interest rate and says our information is “on file”… and if we don’t respond by July 13, 2012, we may not get this swell deal because “only a limited number of people can qualify”.

GARBAGE!!

So… I decided to call the toll free number after googling it, did not reveal who was sending us this great offer.

The gentleman on the phone had a very pleasant, soothing voice.  He answers the phone “Loss Mitigation Department, can I help you?”

Me: Yes, I’d like to know who sent a mailer to my home regarding HAMP?

Him: [He reveals it’s a law firm – I’m not going to promote them here].

Me: Why did I receive this? I’m not behind on my mortgage? Don’t you need to not qualify for a regular refi or HARP to have a HAMP loan modification?”

Him: Our company has done searches to determine who may be at risk for a loan mod, perhaps you’re underwater? Lets say you have a $350,000 mortgage but your home is only worth $250,000.

Me: My home is not underwater and we’re not behind on our payments. I’m confused how I could qualify for a HAMP or why I would want one.

Him: Well you might want to consider a HAMP over a refinance because refi’s are so costly. Most have a 1% origination fee and 3.5% loan cost.

At this point, it’s hard for me to not totally blast him.  He’s so far from the truth…

Me: what are your fees?

Him: I really can’t say.  There’s a range depending on what you need.  Who is this?

Me: You can quote costs for refi’s but you can’t give me a range for you charge?

Him: We have a flat fee of $3700 on many of our transactions. Clients are grateful for the service we provide. We can often do better than what a home owner might when dealing with their mortgage servicer directly.

Me: How are you coming up with the fees  you’re comparing for a refi?

Him: You’re sounding like a “professional”, can I help you with a loan mod?

Me: No. You cannot. I am a mortgage originator you the fees you’re telling consumers for a refinance are way off base.

Him: Do you call on every piece of junk mail that you receive?

Me: I see we agree on something – this IS a total piece of junk mail and no, this is a first. It was so disgusting, I had to call to see who sent this to me.

If I were considering a loan mod, I would NOT select assistance by some scammy piece of junk mail. It sickens me when I think of folks who truly need help and might fall hard for something like this.

Why can’t they be upfront and disclose they’re an attorney’s firm and for $X, they’ll try to get you a loan mod.?

I’ll be sending this piece of solicitation to DFI for review.

Here’s information from DFI’s site regarding Loan Modifications and signs to watch out for.

FHA Mortgage Insurance Premiums Increased for Most and Reduced for Few Streamlined Refi’s

Earlier this month, FHA mortgage insurance premiums (both annual and upfront) were dramatically increased for purchases and refinances with exception to *some* FHA streamline refinances.  If you were preapproved with an FHA insured mortgage prior to April, you should check with your mortgage professional to make sure your preapproval is still valid with the increased mortgage payment.  Remember, it’s your mortgage payment (debt to income ratio) and down payment that determines how much home you qualify for.

Upfront mortgage insurance premiums (typically financed) has been increased to 1.75% of the base loan amount.

Annual mortgage insurance for FHA loans with terms greater than 15 years (30 year fixed and adjustable rates) are now 1.2% of the base loan amount if your loan to value is 95% or lower; if  your loan to value is greater than 95%, the annual mortgage insurance premium is 1.25% of the base loan amount.

For a 15 year fixed rate FHA mortgage, if your loan to value is 90% to 78.01%, the annual mortgage insurance premium is 0.35% of the base loan amount; loan to values over 90% will have annual mortgage insurance rates of 0.60%.   NOTE:  If you have a 15 year fixed FHA mortgage and your loan to value is 78% or lower, there is no annual mortgage insurance required.

If you have what’s considered an FHA “high balance” mortgage, which in the Seattle area, would be a base loan amount of $417,001 to $567,500 for a single family dwelling, annual mortgage insurance premiums are set to go up again effective on case numbers issued June 11, 2012 or laterHUD is scheduled to increase annual mortgage insurance premiums for FHA Jumbos/High Balance loans by an additional 0.25%.

Annual mortgage insurance is paid in your monthly mortgage payment. To determine how much your annual mortgage insurance premium will be, multiply the percentage reference above by your base loan amount and divide by 12.

**So how about those lucky folks I referenced above who may qualify for reduced FHA premiums?  HUD is dramatically reducing mortgage insurance premiums for FHA streamlined refinances IF the FHA loan was endorsed by HUD before June 1, 2009.  “Endorsed” is different than when your loan closed – it’s when HUD insured the FHA loan. This process often takes place several weeks AFTER the mortgage has closed – you may have closed your refinance on April 30, 2009 and if HUD endorsed it on June 1, 2009 (or later) you won’t qualify for the reduced rate.

Those who qualify will benefit from seeing their upfront mortgage insurance premium reduced to 0.01% and annual mortgage insurance reduced to 0.55%.  This is effective on FHA case numbers issued June 11, 2012 or later.  The good news is that you don’t have to wait to lock in your rate if your FHA loan qualifies for the reduced rate – you can start your application now!   Your local mortgage originator can probably help you determine when HUD endorsed your FHA insured loan – I’m happy to help if your home is located anywhere in Washington state.

“Motivated Seller” ???

motivated sellerWhy is it that when you call to set up appointments to see homes that are for sale, the owner that gives you the longest song and dance, is the one that says “Motivated Seller”? It’s as if the agent is saying… I know the owner doesn’t appear to be motivated…but please ignore that.

Generally an agent calls to make an appointment and says something like: “Hello. I am planning to show your home today between 4 p.m. and 5 p.m.” The potential responses from the other end of the phone should be:

1) Thank You
2) NO…sorry, that’s not a good time.

Answers come in all forms:

1) Well I was going to go to the store, but I guess I could stay and clean up and go to the store later…

2) Can you come on Tuesday instead of today? Tuesday is a good day for me.

3) Can you call my agent because I like her to be here when agents show the home so she can tell you about all of the wonderful things about my home?

4) Is it a “serious” buyer? Because I don’t want people coming who aren’t serious buyers.

It’s a yes or no question. If your home is for sale and an agent calls to show the home, remember that is what you are supposed to WANT to happen!

Say Thank You and Yes…whenever possible.

Buying New Construction – Choosing the Lot

The first step in buying a new construction home, unless it is an already built “spec” home, is to choose the lot. However, not all lots can hold all homes. So to some extent you have to choose both the home to be built and the lot at the same time.

Let’s look at a small subsection of a fairly standard looking new construction development as to variations of lots available.

ncsp-001

Choosing the lot is likely the most critical phase of buying a new construction home that is not a spec home. It used to be a lot easier to pick the best lot…or at least a good one. A standard lot was built into the price of the home and there was a “lot premium” for the other lots. Let’s say the lot premiums ranged from $2,000 to $15,000. That gave you a gauge as to how much better than a standard lot, the lot you were selecting was.

Unfortunately those days are gone and most salespeople will tell you they are all “best” lots.

Looking at lots 1,2,3 and 4, lot 4 would usually have a premium as it sides to an “open space”. You might say the same for the corner Lot 1. But if the street to the left of Lot 1 is a very busy road…now it is a lesser lot without benefit of no neighbor to the left. In essence your “neighbor to the left” is a bunch of dirty, noisy traffic. Some people feel the same way about the drainage basin to the right if it is ugly and attracts mosquitos. Sometimes people think the drainage area is going to look like a “pond” the way it states on the site plan…and sometimes it does. But more often it looks like an unkempt ugly drainage pool.

Trees? Good Drainage Issues? Can you see a green, yellow, red blinking street light from your master bedroom window? All too often someone picks the lot without standing on the lot…bring a ladder. Stand higher. 🙂

Choose the best lot and the worst lot and assign values from there. Don’t do this from a site plan like the one above without walking the entire area to see what is on the outside of those perimeters. Will there be more new homes to the North or are there existing run down homes with a few junkyard dogs.

You have to get very close to picturing the home on this lot the same way you would if you were buying an existing home on that lot. This is VERY difficult for most people.

Generally speaking only people who buy the BEST lots choose the lot and build from scratch. It makes little or no sense to build a home on a substandard lot vs waiting to see what the home looks like on that lot.

So if all of the best lots are gone…you are often better off buying a spec home or a newer resale home, than building on a substandard lot with no recourse to not “like” it once the home is put on it.

New Construction is not for everyone. If you can get the biggest and best lot in the neighborhood…go for it! The end result can be very rewarding.

Low Inventory? Be Pro-Active

Low Inventory continues to be an issue for many. This weekend there were so many people at one of the houses I was showing, buyers with their agents, that it looked like an Open House. A few days before agents and buyers were standing in line out front (different house) waiting to “show”.

This is often the case with new listings this time of year, and just because there is a crowd in the first few days does not mean the house will sell in short order. The first one I mentioned did have 5 offers by late afternoon, but the 2nd is still Active with no offers.

One of the ways to be pro-active about inventory is to identify what you want in advance. If you have seen many houses over the last 6 months to a year and know which neighborhoods you want to live in, you can contact owners to find the one or two who are planning to list their homes in the next several weeks. It could give you a leg up.

I have a client who wants to spend about $400,000 for a house in X area. The best homes at that price are in X neighborhood. Only about 50% of the homes in that neighborhood fall at that price. You should not contact ALL of the owners in that neighborhod. Rather sort by square footage and assessed value.

1) If you know the minimum size of home you want is 2,200 sf, then first eliminate all of the small homes from the list using the tax records.

2) If you know you want to spend no more than $400,000 to $450,000, and all of the recent sales in the neighborhood have been at roughly 1.13 X Assessed Value (which is about the “going rate” right now for good areas and homes) you can next sort by Assessed Value. The lower valued homes you likely already ruled out based on square footage. So in the 2nd sort you are knocking off those that will sell for more than you want to spend. If 30% of the homes are assessed at more than $450,000, you can knock those off the “pro-active” list. Doesn’t mean one might not hit the market as a short sale or REO listing. Just means they are not the “target” for pro-active contact.

Now you have a nice list of 50% of the homes in the neighborhood that should be large enough for you, and should sell at the price you want to spend. Odds are maybe at least one or two of those are thinking about selling this Spring, and will be happy to not have to worry about whether or not it will sell. They may receive your letter and be very happy to have a ready, willing and able buyer without having to list their home.

I am not saying that is the best way for a seller to approach selling their home…but for a buyer who is fed up with the waiting game, only to find 5 offers when a suitable house comes on market, this is not a bad way to jump to the front of the line.

Being Pro-Active vs Reactive also feels like you are doing something to reach your objectives, and can be a very rewarding strategy.

Funny MLS Photo

Maybe it’s just me, but this had me laughing so hard I was crying. I was looking at homes online with my daughter, Tina, and this was one of the photos. I expected photo #15 to be a picture of the yard…and instead saw THIS!

supra

The caption inside the photo was part of the mls photo, exclamation point too. I didn’t add it. I guess some agents don’t realize that these photos convey as advertising on the Public Sites. 🙂

Is it too late to see that house?

A couple of weeks ago I received a call at 8:45 p.m. from a client to see a home. We were making an offer on the home and she wanted to show it to a friend.

Raises the question…even if the home is vacant, how late is too late to see a home that is on market? At that time the answer was 9 p.m. After this Sunday…Daylight Savings Time…the answer changes to 10 p.m.!

Before 8 am. is too early and after 10 p.m. is too late…even for vacant homes.

You can stay later than that…but you must enter by that time.

No Fooling: FHA MI going up again April 1

HUD has announced that effective on FHA case numbers obtained on or after April 1, 2012, FHA mortgage insurance premiums will be higher.

Upfront Mortgage Insurance Premium (UFMIP) will be increased on all FHA loans from 1.00% of the loan amount to 1.75%. Most borrowers opt to add this cost to their loan amounts as FHA will allow this cost to be financed.  Homeowners who elect to take advantage of an FHA streamlined refi may receive a portion of the upfront mortgage insurance premium credited back towards the refi closing cost.

UPDATE:  FHA will have REDUCED mortgage insurance premiums for streamlined refi’s IF the FHA mortgage that is being refinanced was “endorsed” by HUD prior to June 1, 2009.  Click here for more info.

The annual mortgage insurance premium will be increasing an additional 0.10% and for those borrowers with a “high balance” FHA loan will see their premiums go up an additional 0.25% (for a total increase of 0.35%) on June 1, 2012.

The annual mortgage insurance premium is part of an FHA borrower’s monthly mortgage payment and remains with the loan for a minimum of 60 payments AND 78% loan to value is reached.

On a $417,000 loan amount, the difference in payment is around $48 and on a high balance $567,500 loan amount, the difference in payment is about $184.

If you are considering an FHA mortgage, whether it’s for a refinance or purchase, and you have the ability to start the loan process in March and obtain your FHA case number, I highly recommend contacting a local mortgage professional (I’m licensed only for homes located in Washington state) and see what your options are.

UPDATE MARCH 6, 2012:  HUD has just announced that there will be reduced mortgage insurance rates for FHA streamlined refinances where the FHA loan that is being refi’d was originated prior to June 1, 2009.  A mortgagee letter will follow with more details.