What’s Up with the Helicopters?

No, it’s not Google gathering more information and it’s not Ben Bernanke making money drops.  Starting today, The Department of Homeland Security is funding a study to determine current radiation levels in King and Pierce County. Helicopters will be flying a low levels in neighborhoods from now until July 28, 2011 to create a “baseline” measurement.

From the Office of Radiation’s website:

The helicopter will fly a grid pattern spaced about 600 feet apart at an altitude of 300 feet, flying at 70 mph. The results will be provided to local agencies from the surveyed area by year-end. Some of the data may be withheld for national security purposes. The state Department of Health has been planning this project since 2009.

Which Tattoo Should I get? Pink Pony? Cheerleader?

My daughter, Andrea Revenant of 3rd Street Tattoo in Hermosa Beach CA, is having their Grand Opening Party today. The Federal Appeals Court has ruled that Tattoo’s are protected under Free Speech and that has opened the door for her to work in her current “hometown” of Hermosa Beach. I’m very happy about that.

Andrea Revenant

Andrea will “design” the final tattoo, so we’re only looking for general ideas here. I have NO tattoos, but when your daughter is an “artist” you should wear her “art work”. Or so I say. 🙂

#1 PINK PONY of Seattle Bubble plus Rainbow.

pink pony

#2 Cheerleader (aka Real Estate Broker)

cheerleader

#3 AskARDELL.com

AskArdell.com

I may add more before I fly down to L.A., and I will get Andrea’s input and she may send some sketches to replace the ones above before then.

But what say you? Have a favorite or a new suggestion?

Where will the Tattoo be? In a place that is visible but also in the least painful place to get one. Not sure about the pain factor. Will be getting some input on that as well.

As always, your help appreciated.

Something EVERY home buyer needs to know BEFORE they step on an Owner’s Property.

looking in houseBefore you look at even ONE house, from IN or even ON an owner’s property, you need to understand the basic framework put into place before the home was listed for sale.

A “For Sale” sign is not a “license to trespass” on someone else’s property.

You are basically walking into the middle of a commission structure AND instruction for your being able “to see it” structure, that is already in place. This arrangement was set BEFORE it was listed for sale by the owner of the property, and that owner’s agreement with “the mls system” and his agent, before the For Sale sign was put in front of the house.

It is something you must comply with, and so something you need to FULLY understand BEFORE you step on or in someone’s private property.

This is true when you walk into any home that is for sale AND listed via an mls system. You do not have permission to go on or in  an owner’s private property, except via the owner’s permission or via an agent who is a member of the mls system. That includes opening the owner’s gate and going in their yard and peeking in their windows. There is no entitlement to trespass on an owner’s property just because it is “for sale”. Some think if a property is vacant and there is a For Sale sign out front, that gives them the “right” to trespass on the property and peek in the windows. It does not.

Without permission from someone with the authority to give you that permission…that is called trespassing. Those with the authority to give you that permission to step ON or IN an owner’s property, do not do that “for free”. You should not be going in or on someone’s property without understanding that you are paying for that privelege by doing so, as the structure to pay someone to let you on or in is already in place via the seller so that you CAN see it. You can’t ask to be on the owner’s property and then try to DICTATE that the seller CAN’T pay the person who provided that access for you.

That is not a FREE “service” and the seller has already promised to pay someone to afford you the opportunity to be on and in his property.

Below is a comment I made on Craig’s post to assist him in knowing what he can and cannot “promise” to give away.

If and when a Buyer includes a portion of “Do It Yourself – DIY” into the scenario to “save money”, they must do so without the “use” of agents…be that the Seller’s Agent or a Buyer’s Agent. Doing some of it YOURSELF…must be YOURSELF and not yourself in the room with an agent whom you do not plan to use to represent you in a real estate transaction.

IF you plan to use an Alternative Business Model or Traditional Agent who will PAY you for the portion you choose to handle “by yourself”, you need to hire them in advance of seeing any home. You also need to be certain that the portion of “rebate” you are looking to get is for work that YOU did with no agent contact whatsoever, outside of the agent you hire to represent you.

Below is the reason WHY, and also my response to Craig who asked the question in the Rain City Guide post previous to this one. Below is my comment, in response to his quandary, in its entirety.

“Let’s assume for a minute that there is a 6% commission set by the seller to his purpose of selling his home, of which the original referring agent (the Listing Agent) and the “Procuring Cause

Representation by RE Agents: Is That an Oxymoron?

As we continue to build WaLaw Realty, I am frequently reminded of the tension between “buyer representation” and the realities of being a real estate agent. On the one hand, agents tout the importance and benefits of “representation.” A “representative” acts on behalf of another, the client, and protects the client’s interests. Needless to say, trust is an essential element of any representation.

On the other hand, agents are salespeople compensated by the seller for selling a home. These two roles are inconsistent with one another. A recent experience of mine illustrates the point. [Forgive my use of “s/he” as a gender neutral pronoun, but that’s a lot easier than avoiding the pronoun entirely.]

I was retained soley as an attorney to assist with a non-MLS purchase. As negotiations progressed, my clients realized that they might not reach agreement with the sellers as to the terms. Accordingly, to hedge their bets (they must move from their current residence) they began looking at homes listed on the MLS. To gain access to these homes, they contacted the number on the sign, the listing agent.

The listing agent indicated that s/he was busy but that s/he would send another agent to provide access. My clients assumed this was an associate of the listing agent, and the listing agent was taking steps to provide access as part of the job of selling the home. The clients were interested in two homes listed by the same agent, and the “associate” provided access to both, only one of which was suitable for my clients. Total time: Approximately one hour. At the end of the tour my clients informed the showing agent that they intended to use my services if they wanted to move forward. The showing agent did not mention that she was totally unrelated to the listing agent and would have a potential claim on the SOC if the clients purchased either home.

The negotiations collapsed on the first non-MLS transaction, and the clients decided to make an offer on the MLS-listed home. Accordingly, they then hired me as a real estate agent. As my web site makes clear, I rebate the SOC to my client in full (after payment of my flat fee and any additional fee incurred by client). Commission rebates to buyers are quite common and I am certainly not the only broker to offer it. Recognizing the possible claim, I contacted the “associate” who provided the initial tour of the home.

The “associate” was actually another agent working under a different broker in a different firm. The listing agent frequently refers new business to this “showing” agent. Because I cannot rebate a commission to which some other agent has a claim, I asked the showing agent if s/he was going to assert a claim on the commission (as the “procuring cause”). The answer? Yes I am! But as a compromise s/he offered to accept 30% of the commission, a typical referral fee. With a sale price of about $700k, s/he wanted $6k for the hour of work.

The story is still unfolding, so I can’t tell you how it ends. But I CAN point out that this claim on the commission is 100% inconsistent with any notion of “representation.” Again, that relationship is built on trust. At an absolute minimum, the showing agent should have explained the fact that, by opening the door, s/he may be entitled to the SOC. The failure to do so was not consistent — at all — with trust between an agent and a client.

I’m curious to hear some counter-argument. It seems to me that agents have been remarkably successful in having their cake and eating it too. They tout the importance of “representation” only to completely ignore basic principles of fairness to the client when its in their interest to do so. They’ve sold the public a bill of goods, because to agents “representation” is ultimately a means to an end, not an end unto itself. But then again, they’re salespersons, selling is what they do, and why they get paid in the first place. Its not about representation, its about sales. And the phrase “representation by a real estate agent” doesn’t make much sense at all.

Are the “Cash Call” Radio Ads Advertising a 10 Year Fixed Rate Mortgage Bait and Switch?

I listen to 97.3FM and am a longtime listener of Dave, Luke, Dori (accidentally listening since 1995), Ron, Don, John, @thenewschick and @joshkerns38. I am so sick and tired of hearing the Cash Call radio ads that every time one of the ads run, I switch over to satellite radio and I’ve been meaning to write this blog post for many weeks so here it goes. 

Radio listeners: There’s nothing inherently wrong with mortgage companies that advertise on the radio. This is one business model of many but realize that radio ads are not inexpensive and there are a few ways that a mortgage company can pay for their advertising. One way is to charge you higher interest rates.  But wait, how could they do that when they’re advertising low, low mortgage rates? 

The answer is one you will not want to hear but I’m going to tell you anyways:  The rates advertised are likely NOT the rate that you will get.  The rate advertised is for a loan program that only a very small percentage of people will qualify for.  People with credit scores above 740. People with lots of equity in their homes, people who want a 10 year mortgage, or in the case of Cash Call, people who ONLY live in the state of California.  That’s right, the radio ad that’s running in Seattle comes with one caveat: It’s only avail for California borrowers.

To their defense, the Cash Call radio ad airing on 97.3FM does state that the rate and APR advertised are for a 10 year mortgage but realize that only a very small percentage of people calling that firm will end up with a 10 year mortgage.  This might come very, very close to a classic bait-and-switch scheme without crossing over the line but we don’t have enough facts to make that determination.  For example, one of the facts we’d need is to know how many people who called in actually chose a 10 year loan v. a 30 year fixed loan. So instead of selling a bunch of 10 year loans, the reason for their radio ad is to motivate radio listeners to pick up the phone and call after hearing the low rate and APR.

So, who’s on the other end of the phone?  The answer shows us another way companies that advertise on the radio make money. 

Any consumer who is curious about the licensing status of their loan originator can use the Nationwide Mortgage Licensing System’s Consumer Access website to check on the status of a mortgage company or individual loan originator.  When searching for the company name CashCall you’ll see many, many licensed LOs, okay that’s good. But dig a little deeper and you’ll notice that each person’s employment history contains many months of unemployment right around the subprime meltdown and lots of jobs held at subprime shops or other companies that only do radio or TV ads…Ditech, Amerisave, Countrywide, and other low wage side jobs outside of the mortgage industry.  That leads to the second part of how these companies make money advertising on the radio.

If they can’t offer you the lowest rates they’re advertising, then another way to make money is for the radio-advertising mortgage company to pay their staff a really low fee.  This is justified by the firm because…the company is making the phone ring! All the LO has to do is sit there, answer the phone and close the customer.  This is loan origination at its worst and if you don’t believe me just simply google:  Cash Call Complaints or Quicken Loans Complaints and see how many dis-satisfied customers they’ve left in their wake.

Homebuyers and refinancing homeowners should be wary of ANY mortgage lender that operates out of state and has no physical prescence in your state. 

Homebuyers and refinancing homeowners should always check the licensing status of their loan originator here and if their LO is not in the NMLS system ask WHY and ask to speak with their manager. Mortgage brokers and non-depository mortgage lenders must license their LOs. Depository bank LOs begin registering their LOs within the NMLS system this year. Maybe the person on the phone calls himself/herself an intake specialist or a loan arranger. Ask to speak with a Licensed LO. If there are no licensed LOs then you’re probably dealing with a lead generation company and I’ll do a serious smackdown on lead gen firms in another blog post.

Companies like Cash Call and Quicken hire the loan originators who have no client base, don’t want to work hard enough to earn repeat business, only work part time, will work for a low wage, and/or are paid to close deals and not serve the best interests of their clients.  Do you want low rates? Go ahead and use one of these companies but you should have extremely low expectations of your rate being as verbally promised or the transaction closing at all. Expect pain and suffering. Some people pay extra for that, but now we’re getting off track.

Do you want your transaction to close? Select a loan originator based on his or her experience and knowledge. Choose a local company with a loan originator located right in your city so you can go into the office and meet with him or her face to face at application.  Yes, this will take time. Do you want your transaction to close and also get a fair interest rate? Then that means you will have to invest some time into understanding your options and understanding the documents you’re signing and that means human interaction whether that’s phone, email, text or facebook messages.  You will need someone to respond to your questions who knows what they’re doing.  It is impossible to be a part time loan originator and serve your clients efficiently because there are far too many changes taking place on a daily basis. 

Kiel Mortgage radio ads are great. The radio ads from TILA Mortgage have improved over the years.  Best Mortgage’s ads are fine.  These are all LOCAL Seattle area companies with local loan originators and company owners who have been serving homebuyers and homeowners for decades.

I notice that on the Cash Call website, and on KIRO 97.3 FM, they’re advertising a “no cost” mortgage loan.  Folks, there is no such thing as a zero cost loan.  It doesn’t exist unless you’re doing a straight interest rate reduction refinance with your same lender, going through that lender’s loan servicing department and I think it’s even rare that that would happen nowadays with so many banks and lenders immediately selling everything to Fannie Mae or Freddie Mac.  Mortgage loans will always have fees and costs involved.  Some of those fees will be to the bank funding the loan, other fees will benefit the loan originator helping you, and still more fees will go to third parties.  Any company that tries to sell you a “no fee” mortgage loan is lying to you. The fees ARE being charged….they’re just being covered by a higher rate or they’re not telling you about the other third party fees that you’ll pay at closing unless you decide to read the fine print. 

So the opening call-to-action phrase on the Cash Call home page is a lie, the radio ads are deceptive and their loan originators are sub-par. I’m sure they’ll make several billion dollars this year, pay a very small percentage of their profits in regulatory fines, and keep on using the radio to find more rate shoppers.  It’s a business model that works. Expect more copycats.

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.