Large Lender Not Allowing Listing Agents to Use JV Title Companies

An interesting situation has come to my attention via @Talontitle on Twitter:

TalonTweet

It seems that a major lender (a favorite of many local mortgage brokers) is refusing to allow listing agents to dictate who the title insurance provider will be when it is a joint venture relationship benefiting the listing agent’s company.

Many of the local large real estate brokerages in our area indeed have joint venture relationships with title companies.   Rainier Title has partnerships with Coldwell Banker Bain and John L. Scott corporate offices and Commonwealth of the Pacific has a financial relationship with Windermere.

I haven’t brokered a loan in years since we are a correspondent lender with our own credit lines… but I understand that this lender tends to offer some very competitive rates. I am wondering what a mortgage originator would do if they have a purchase where the listing agent has designated their JV title company and this lender is offering the lowest rates that day?

What would you do?  Let the consumer know and talk to the listing agent about (gasp!) switching title companies?  Or work with a different lender who’s rates may not be as attractive but who will permit the JV relationship?

Round Two for the Proposed Mortgage Disclosures by the CFPB

The Consumer Financial Protection Bureau has revealed their latest proposals for the forms that may eventually replace our (seriously flawed) Good Faith Estimate that was mandated by HUD for use in 2010.  They received 13,000 comments from consumers and industry professionals and they’re asking for your “vote” on the newest editions by July 5, 2011.  And for the record, I don’t want to hear any mortgage originator complain about what ever form we wind up with IF you don’t take this opportunity to voice your opinions.

One noted improvement is that closing costs on page two are more detailed…funny how we’re reverting to something that resembles the “old” good faith estimate.   This set of documents do not have an “expiration date” and if it’s truly intended for consumers to shop, I wonder if mortgage originators will be liable if they issue the document without a property address (like our current 2010 GFE).

What I see happening is that many consumers are becoming numb to the plethora of disclosures that are now required thanks to our Governments efforts to dumb everything down.  I would still like to see what ever form is used as a “good faith estimate” resemble the HUD-1 Settlement Statement so that their is consistency for consumers.

Why not just add some boxes at the top of the existing HUD indicating “rate quote” (rate not locked, intended for shopping) and “rate locked” where the lenders fees are locked as well?

I cannot tell from the information that I’ve seen so far if mortgage originators will be required to have a “changed circumstance” before re-issuing a Good Faith Estimate.  I know this has been a major issue for consumers and mortgage originators alike.

Which disclosure do you prefer from this batch and why?

Yield Spread – A Novel

yield spreadYield Spread is a novel written by Roger Rheinheimer, who in addition to being a full time lender in Port Angeles is the highly acclaimed author of Amish Snow, now in its Second Edition.

His new book, Yield Spread,  is about “a man you’ll love to hate, JP Mallot, and the forces that enabled and even condoned his behavior and its bitter consequences.

Mortgage Rates – A “volatile” market this month

Interest rates have been very volatile in June. This Poll Post on Seattle Bubble and the chart below are a good reminder that interest rates were at 5.5% in the Summer of 2009 and at or above 6% quite a few times in 2007 and 2008.

I thought you might find this chart of where interest rates have been for the last 40 years of interest. I borrowed it, with permission, from my friend Jay Thompson’s blog.

Personally I think they will run between 4.5% and 5.5%, but that’s a pretty big spread for people looking at homes to buy. A 1 point spread on a $417,000 conforming loan is $255 a month.

30-year-fixed-mortgage-rate-historical-trend-chart

Of more concern to me is the variance in Real Estate Taxes from one property to the next.

When you get pre-approved, make sure you know what payment vs Purchase Price you are being approved for, and what assumptions are being made as to Taxes and Insurance.

I looked at the 30 homes sold in King County for $500,000 in the last 6 months, and the range of Annual Real Estate Tax went from $3,600 on the low side, to $8,000 on the high side. HUGE SPREAD. The Real Estate Taxes could easily turn your pre-approval into a Failed Pending Sale.

Be sure to know the underlying basis of your pre-approval, and make adjustments as needed from one house to the next. If it’s a super-deal, the taxes may be out of proportion to the sold price.

Redfin Takes Another Step Backwards

Well, that might be overstating it a bit. But I couldn’t help but notice that Redfin has once again tweaked its model — first in the Boston area, and if it works probably nationally — yet again. Apparently gone are the days of a “team” aproach to providing buyer representation, with field-based agents for the “grunt work” and office-based agents for the more complex tasks. Instead, a buyer gets to work with the same agent from start to finish — just like the traditional model. Goodbye efficiencies… And absent efficiencies, the fee has increased as well: the rebate has been further reduced to a mere 1/3rd of the commission.

What does this mean for alternative models? Well, its instructive at least. Redfin is almost certainly the biggest and most well-funded of the alternative brokerages, and they’ve apparently concluded that consumers want the “personal touch” and are willing to pay for it. Anyone trying to “change the world” should at least recognize that others are having a hard time doing so and should adjust their plans accordingly (whether by reducing the scope of the change, like Redfin, or by radically changing the model to in a way that differs from the path blazed by Redfin). Interesting times, indeed.

Major Bank No Longer Accepting Third Party Underwriting (aka pmi)

toastEarlier this month, I learned that a big bank is no longer accepting “third party underwriting”.  Third party or contract underwriting is “private mortgage insurance”.  Private mortgage insurance is often used when a borrower has less than 20% equity (or down payment) in a property.  When a private mortgage insurance company is issuing mortgage insurance to the the lender, they are underwriting the transaction.  Sometimes mortgage companies may use private mortgage insurance companies to underwrite files even when no private mortgage insurance is required.

From the memo:

“The clerical and support duty exemption to licensing under the SAFE Act (and other proposed regulations) for loan processors or underwriters who are employees taking direction and subject to supervision and instruction of licensed persons, does not apply to contract underwriters.

For all underwriters who do not qualify for exemption to licensing, including contract underwriters, compliance requires that anyone who is performing credit underwriting in connection with a residential mortgage be licensed as a mortgage loan originator….to perform credit underwriting tasks, each individual independent underwriter must have the applicable state license.”

It will be interesting to see if private mortgage insurance companies move forward with having their underwriters become licensed mortgage originators.  If other banks follow and pmi companies do not license their underwriters, it would appear they’re toast.   This bank is no longer accepting loans underwritten by pmi companies effective July 5, 2011.

Borrowers would need 20% down payment to obtain conventional financing, if pmi ceases to exist or consider FHA, USDA, VA financing or a combo mortgage (yes, second mortgages are starting to come back).

Update:  Some lenders may still underwrite the loans with higher loan to values – some banks are are firing warning shots that they will not accept loans only underwritten by a private mortgage insurance company if their underwriters are not MLO licensed.  It’s going to be interesting to watch this evolve.

Photo credit: John McClumpha via Flickr

Why are so many Pending Sales failing?

There is a rumor that they are all failing because the buyer cannot finance the purchase. The reality is that is RARELY the actual reason, but sellers and seller’s agents DO like to blame the buyer’s ability to finance, even when that is not the case. Always better for it to be “the other guy’s fault” when asked:

“Why did the sale fail?”

The reality is it may have been the way the OFFER was structured, that caused it to fail.

Some offers are doomed to fail from the getgo.

Relying entirely on the Home Inspection, without adequately addressing the likely outcome in advance at time of offer, often causes a sale to fail. Some like to think “writing an offer” is only about “filling in the blanks”. HOW you fill in those blanks requires some skills of prediction and anticipation of outcome.

It’s important to make your offer with a rough expectation as to major repairs needed, as rarely can a home inspection resolve items costing in excess of 1% to 2% of the value of the home.

IF you have already taken the max credit toward your closings costs in your offer…

the Home Inspection negotiation becomes near impossible.

The Roof is often the “deal breaker” in many home inspection negotiations, because it has a known life expectancy and is one of the most expensive “fixes” that might be needed at time of sale.

Notice I did not say “one of the most expensive fixes that might be needed” 
AS A RESULT OF THE HOME INSPECTION.

A “good” offer anticipates outcome. RARELY is the fact that the home needs a new roof something that can’t be anticipated at time of offer. Whether or not you allow for a new roof to be part of the asking price, depends on a few things.

Photo_5209ABAA-4E9F-5257-CD5D-AA7B15D000E7
It’s pretty darned obvious that the house in the photo above needs a new roof. You shouldn’t need a Home Inspector to tell you that.

BEFORE making an offer on this house, you need to anticipate the cost of a new roof,

so you can prepare your offer with a known and reasonable outcome in mind.

Photo_5209ABAA-4E9F-5257-CD5D-AA7B15D000E7

As you can see from the Zoomed In photo above, the cost of the new roof needs to include some pretty hefty repairs. The support for the roof is splitting and the roof is sagging.

Just sticking on some new shingles is NOT the only remedy for this roof.

You can guesstimate the cost of the shingle job by knowing the largest floor footprint from the County Records. It may be a 2,500 sf house in the mls. But the main floor footprint usually determines the outer corners of the roof. Is it 980 or 1,200 or 1,750? Once you have the main floor footprint (unless you can see that there is a larger 2nd floor foot print, in which case you would use that) you can show these two photos along with the sf coverage area to most any roofer and get a rough bid. You can email that info to three roofers and ask for a “ballpark” cost. The roofer needs to see the “the pitch” of the roof to determine cost. A higher pitch will need more shingles. Almost NO pitch may mean a shingle roof replacement is not the recommended “fix”.

Before addressing how the offer may be structured,

let’s look at a 2nd example that might have the same cost,

but a completely different remedy and offer process.

Photo_E40BFBFC-DFBD-A848-339B-A4E3022FC818

Unless you have the hope of turning your home into A Redroof Inn

a buyer of the home above MAY want to put on a shingle roof,

even though the roof may NEVER need to be replaced.

That roof will probably last longer than the house!

BUT…is that a positive?

Given where this house sits, on a quaint tree-lined street In-City where NO other roofs look like this, it’s possible that this “upgrade” may be seen as a “sore-thumb” and a negative…vs a positive.

For House #1 above, let’s say the roof will cost $20,000 to repair and replace. That’s a bit on the high side, but we have to go with the high estimate because of the deferred maintenance issues and things we can’t see, but can reasonably predict with regard to repairs needed beyond the actual roof shingles.

Now let’s talk about SALE FAIL due to BAD OFFER STRATEGY.

IF the buyer has an extra $20,000 to put on a new roof after purchase, AND deducts that amount from the offer price with the intention of putting on a new roof after purchase, the sale can “Fail Due To Financing”. The buyer MAY in fact be willing to buy the house for $20,000 less, and put a 20% downpayment still having the $20,000 needed for the repairs. BUT how likely is it that the Buyer’s LENDER will lend 80% of the cost to purchase after seeing that roof?

So…back to “Sale Failed Due To Buyer Financing Problems”. Was the cause really the fact that the buyer’s lending failed? Or the roof failed to meet the lender’s standard? Was it the buyer…or the house?

The sale failed because the agents failed to anticipate the lender’s response. There are many ways to resolve this type of issue in a real estate transaction. But ignoring the problem or thinking the seller is going to cough up $20,000 to fix the roof at time of inspection, is not realistic.

If the seller HAD $20,000, he likely would have fixed the roof before it got that bad.

The lender usually won’t let you escrow money for repairs to be done after closing. Sometimes, but not often. The best known remedy is to leave the cost of the roof fix in the price at time of offer and calling for a new roof to be put on prior to closing. Usually you can get a roofer to agree to do that and get paid at closing. BUT if it is a bank-owned property or a short sale, it gets a little tricker. Not impossible. But trickier.

In the 2nd example, the roof is perfectly fine. But you would be surprised how many buyers want to discount for what they don’t like or what they want to change, whether there is something wrong with it or not. Leaving THAT to time of inspection is a SALE FAIL. Sometimes the buyer wants the house because of many things and wants the seller to resolve “the roof issue”. Of course the seller paid a pretty penny for that roof and would be furious. So you have to build the offer around the buyer’s desires without involving the seller in the reasoning.

Buyers and sellers do not always agree on what IS a “defect” or what the seller should be expected to do about it.

Setting up a good “end strategy” at the time the offer is written,

is often the best remedy,

and one that will result in a closed transaction vs a Pending Sale failing.

Answers to your Real Estate questions

Reminder: Tonight at 6:30 in Ballard:

WaLaw Realty is sponsoring a series of home buying classes around the area — sellers welcome too! The first seminar is June 8 at 6:30 p.m. at the Ballard Community Center, 6020 28th Avenue NW.RSVPs appreciated but not required. Light refreshments will be available.

Why should you attend? Well, for starters you’ll be able to see and learn first-hand about WaLaw and our unique business model. How unique? Well, when the biggest housing market bear this side of the Mississippi recentlydecided to buy a home, he chose WaLaw to assist him. Come find out what makes us so unique.

Another reason? You can hear the market insight and analysis of Marc Holmes, the WaLaw Designated Broker. Marc is a recognized authority who recently authored a piece on the current market in the Puget Sound Business Journal. Without giving away the goods entirely, Marc will expound on his quick-and-dirty assessment of the current market: Buyers and Sellers in a standoff; who will jump first?

We hope to see you!

King County Home Prices Up 6% YOY?

If you are out buying a house to live in, and that house is not a bank owned property or a short sale property, you are likely confused by reports that prices are not up. There have been reports that the market is flat to down, but when you find a house you really like, those reports don’t seem to ring “true”. That is because the information is technically true…but not likely true for YOU if you are one of the 70% of people who are not buying a POS or a “distressed” property.

Truth is that there is a huge variance between median price of a bank owned home ($240,000), a short sale property ($270,000) and a home that is neither a bank owned or short sale property ($426,000).

506 of the 730 single family homes sold in the last couple of weeks were not bank owned or short sale homes, and the price of those is up 6% YOY from $400,000 in May of 2010 to $425,000.

Going back to yearly 2009, that is an 11% increase in home prices, unless you are buying a short sale or bank owned home.

Getting general stats is great, but be sure to have your agent run the stats for your immediate area of interest. The above stats are for King County, but even for the County as a whole, the numbers vary dramatically for distressed property vs non-distressed property. Averaging them together to get a County-wide “median” does no one any good, given the huge variance between the two.

If your experience tells you that home prices are UP vs down…that’s because they are. But only for those nice homes you want to buy that are not short sales or bank-owned homes.

“Spring Bump” is alive and well…and running at the 5% to 7% seasonal variance expected for this time of year. Pretty much fueled by supply and demand factors vs economic “recovery”.

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(Required Disclosure – Stats are not published, verified or compiled by The Northwest Multiple Listing Service).

A First of It’s Kind: Mortgage Tech Summit

mts555I am very excited to be participating and attending the Mortgage Tech Summit in Denver this week.  If there is an event like this, it’s news to me.  🙂

The Mortgage Tech Summit is geared towards presenting technology for “street level mortgage originators” and several of the speakers are actual active mortgage originators.  In my session, I’m going to be sharing my “talking good faith estimate” which has been an essential tool in how I communicate with my clients.

The pricing for this event is “progressive”.  The tickets started at $1 and with each ticket bought, the price increases by $1.  As I write this post, the current ticket price is $52.00.

I’m looking forward to learning and sharing with fellow mortgage professionals from across the country this Thursday, June 9, 2011 in Denver.  I hope to see you there!  For more info or to RSVP, visit www.mortgagetechsummit.com and be sure to follow on Twitter @mortgagetechsummit #MTS11