The Fate of Fannie and Freddie

Posted on by
136

Fannie Mae and Freddie Mac opened trading at record lows due to rumors about a possible bail out.  I’m writing this waiting to hear an announcement from Treasury Secretary Paulsen….

If you are in a transaction at this time and your mortgage fits within the FHA loan limits ($567,500 for King, Pierce and Snohomish County), I recommend considering FHA as a back up plan.  In fact, I’ve realized yesterday that all of my loans in process are currently FHA.   ,

If you are considering buying or refinancing a home and are not yet in transaction, I highly recommend making sure that your Loan Originator is able to provide FHA financing.   I recommend asking your Loan Officer (in writing-using email):

  • Are they approved to provide FHA financing?
  • How long has their company provided FHA financing?
  • How long has the LO done FHA loans?
  • Verify on HUD’s website that the mortgage company is indeed approved with HUD.  This list will also show you how long a company has been approved by HUD.

What will the Fannie and Freddie look like after if the Gov steps in?

If you look at FHA, you know that HUD is very pro-homeownership.   We may see low down programs like Flex 97 stick around–it’s very similar to FHA with the minimum 3% down.

Mortgage rates will probably increase dramatically since we will no longer have a private sector.  It will all be government controlled.

I’m also wondering if the governement would utilize private mortgage insurance companies or if they will utilize something similar FHA’s mortgage insurance?

Stay tuned…this is not over.

Update 7:53 am:  Here is Treasury Secretary Paulsen’s statement (from Market Watch):

Here is Paulsen’s statement (from Market Watch):

“Today our primary focus is supporting Fannie Mae and Freddie Mac in their current form as they carry out their important mission.

“We appreciate Congress’ important efforts to complete legislation that will help promote confidence in these companies. We are maintaining a dialogue with regulators and with the companies. OFHEO will continue to work with the companies as they take the steps necessary to allow them to continue to perform their important public mission.”

Update 2:51 p.m.  I just received this Press Release from OFHEO (Office of Federal Housing Enterprise Oversight):

Statement of OFHEO Director James B. Lockhart

“I congratulate and thank Chairman Dodd, Ranking Member Shelby and the Senate for passing a sound and comprehensive GSE regulatory reform bill.  This bill should help restore confidence in the housing markets by creating, on passage, a new, stronger regulator with all the necessary tools to oversee Fannie Mae, Freddie Mac and the Federal Home Loan Banks.  I am hopeful the House will act quickly and the bill will soon be enacted into law.

With this very turbulent market it is important to strengthen the regulator of Fannie Mae and Freddie Mac and combine it with the regulator of the Federal Home Loan Banks as soon as possible as all of the GSEs are being asked to do more and more to support the mortgage market.”

Rain City Radio with Justin of the Capitol Hill Blog at 4pm!

Posted on by
8

Capitol Hill Blog ScreenshotAs I mentioned last week, this next episode of Rain City Radio will feature Justin of the Capitol HIll Blog!  So, if you want to learn about the ins-and-outs of this great neighborhood in Seattle, then check in with us at 4pm today (July 8th).

And if you want to call in to ask your own questions of our guest, then you can follow the simple instuctions on this page… and if all you want to do is stream the conversation live, then a few minutes before the show, you should see that option on the talkshoe widget on our sidepanel!

One of the things I’m most excited to learn about is the new format that their using for this community site.   It’s got all kinds of ways for people to interact on a very local level and I’ll be curious to get Justin’s feedback on how this is working.

UPDATE!

The recorded conversation is now live and you can listen to it using the player on the sidepanel!    Justin was a most gracious guest and shared lots of great insights about Capitol Hill with us… including the best place to get waffles!  The new platform their running at Capitol Hill blog is extremely interesting and has spurred a lot of ideas for ways I might be able to add similar features to RCG…

IndyMac Leaves the Mortgage Arena

Posted on by
20

This announcement from IndyMac came via a press release today:

“…effective July 7, 2008, that we will no longer accept any new loan submissions or rate locks in our retail and wholesale forward mortgage lending channels, except for our servicing retention channel. We plan to honor all of our existing rate-locked loans and will continue to fund these loans in the coming weeks. While the managers and employees in these units have worked incredibly hard, these units are not currently profitable due to the continuing erosion of the housing and mortgage markets.”

IndyMac is planning on retaining the FHA portion of their reverse mortgage division, Financial Freedom.

This also means more people will be displaced from the mortgage industry.

“Unfortunately, the above actions will necessitate the reduction in our present workforce from approximately 7,200 to roughly 3,400 or so over the next couple of months…”

The press release mentions a couple locations where employees will be retained…no word or mention of the Bellevue office.

IndyMac had a lot of unique products and were no stranger to the subprime and alt-a markets.   They had their own automated underwriting system, eMits, that provided “risk based” decisions and pricing.    They are reported as being the seventh largest savings and loan in the nation with both retail and wholesale operations.

Sunday Night Stats – King County

Posted on by
Reply

I started working on some June YOY stats over on my blog, but I think I’m going to give it a few more days to make sure all of the June closings are posted before making any comparisons over here besides the regular stats.  It is a holiday weekend, and I’m sure more than the normal amount of June 30 closings may be posted next week.

So far it looks like June 2008 residential sales in King County were 44% less than last year and 56% less than the high as to volume, and prices are slightly down both on a price per square foot basis and median sale price,  Condos also down a little over 50% as to volume both from last year and from the high, but while median price per square foot is down, median prices are up as is the median size of condos sold in June.  Instead of spending less, condo buyers are opting for getting more square footage at that lower price per square foot, and spending more to get the larger units.  Likely a move toward being able to hold longer.

I’ll do some 1st and 2nd quarter comparisons and 1st half YOY in a few days when I’m sure the majority of June 30 closings have been posted.  For now let’s update our regular weekly stats.  Inventory is down this week (selling faster than they are coming on market) in both the condo and residential categories.

King Couny Condos

2004 – 1Q – 1,694 – $188, 2Q 2,636 – $199, 3Q 2,540 – $196, 4Q 2,176 – $195

2005 – 1Q – 2,066 – $198, 2Q 2,925 – $209, 3Q 2,769 – $226, 4Q 2,266 – $224

2006 – 1Q – 1,956 – $242, 2Q 2.748 – $252, 3Q 2,737 – $269, 4Q 2,217 – $278

2007 – 1Q – 2,042 – $295, 2Q 2,862 – $302, 3Q 2,676 – $311, 4Q 1,618 – $294

2008 – 1Q – 1,258 – $299, 2Q 1,485 – $286 (2Q postings as of 7/06/08)

Changes in condo stats for this week

Active Listings: 3,958 – DOWN 89- median price $319,990 – MPPSF  asking $319 – DOM 64

In Escrow:  870 –  DOWN 43 – median asking price $295,000  – MPPSF asking $298  – DOM – 49

Sold YTD :  2,777 – UP 132 – median list price $292,000 – median sold price  $287,900 – median PPSF – $291 DOM 49  Note: only 35% selling in 30 days or less.

Residential King county

2004 – 1Q 5,650 – $152, 2Q 9,237 – $160, 3Q 8.737 – $163, 4Q 7,467 – $165

2005 – 1Q 6,402 – $173, 2Q 9,093 – $185, 3Q 9,131 – $192, 4Q 7,301 – $195

2006 – 1Q 5,596 – $201, 2Q 8,248 – $214, 3Q 7,771 – $216, 4Q 6,204 – $217

2007 – 1Q 5,304 – $222, 2Q 7,393 – $230, 3Q 7,944 – $229, 4Q 4,301 – $221

2008 – 1Q 3,640 – $219, 2Q 4,558 – $220 (2Q  – postings as of 7/06/08)

Changes in residential stats for this week

In Escrow: 2,760 – DOWN 103 – median asking price $435,495 – DOM 49 – MPPSF $209

SOLD YTD: 8,315-  UP 407- median asking $449,950 – median sold price $440,000- DOM 49 – MPPSF $218  Note: Only 36% selling in 30 days or less.

Actively for sale 11,903 – DOWN 284- MPPSF <$800,000 is $220- MPPSF >$800,000 is $336

Stats not compiled or published by NWMLS. (Required disclosure)

Free Credit Monitoring…available for a limited time

Posted on by
18

Due to a settlement from a class action lawsuit where they were accussed of reselling personal and financial consumers information for marketing purposes, Transunion is offering free credit monitoring.   Selling the information is a violation of Fair Credit Reporting Act.   You only have until September 24, 2008 to apply for your benefit of either free credit monitoring or possibly a cash payment.

You are eligible if you have had credit from January 1, 1987  until May 28, 2008.   This includes mortgage loans, credit cards, auto loans, student loans…if you’ve had credit over the past 21 years, this is worth checking out!

Here are your choices:

  1. Sign up for six months of credit monitoring services. If you select this option, you can also register to possibly receive cash benefits in the event of a cash distribution or file an individual lawsuit against the Defendants.
  2. Sign up for nine months of enhanced credit monitoring services. If you select this option, you will not receive any further benefits, including a cash payment, and you will not be able to file an individual lawsuit against the Defendants.
  3. Register to possibly receive a cash payment. If you select this option, you can also sign up for six months of credit monitoring; however if you receive a cash payment, you cannot file an individual lawsuit against the Defendants.

Of course you can always chose to do nothing!

You can call TransUnion’s settlement number at  (866) 416-3470  or visit the website: www.listclassaction.com to file your claim.

It’s about time these Trigger Leads came to an end!

The pain of over pricing and poor photos… and how not to get bit by them, 9+ questions to ask your listing agent.

Posted on by
16

I’ve noticed a trend in my business lately.  Several consumers are contacting our team for help in re-listing their home after having a poor experience with a prior agent.  While it is true that selling activity in Puget Sound is lower this year than last, there is still some positive selling activity occurring with some areas of Puget Sound continuing to grow in housing values.

So, with there still being some sales activity why is it that these folks are contacting us?

What I’ve seen as key factors in the lagging sales of these homes is poor pricing and presentation of the properties.  In one case the price had been overinflated by hundreds of thousands of dollars, plus it had poor presentation in photos and staging, so the home languished sitting on market for over a year.

In the majority of these situations things could have been handled differently with the past agent.  And, while I believe that me and my team provide a higher level of service than many others, we know we aren’t the only game in town that can figure out the right mix of marketing, presentation, and pricing for a property.  However, in these instances, I do believe the former listing agents could have done a better job – for certain – but, as a seller, it is also up to you to do a good job of interviewing a prospective agent.  A few good questions by the seller might have led to a different decision about how the house was marketed and led to a better discussion about what impacts the value of a home.  This, in turn, could have led to a more informed decision about where to place pricing.

So, to try and help those of you out there who are considering putting your home on the market, here is a list of 9+ questions you can use to qualify and interview your prospective listing agent.

1.   What methods of advertising do you use, and why?  Can you tell me which will likely be the most effective?  How comfortable are you using Internet advertising methods?

2.   Do you think my home will need prep work or staging to get it ready for market?  What types of things do you suggest for sellers and why?

3.   What is the typical timeline for selling a home that you have represented and how does that compare to the local marketplace?  What percentage of selling price do you typically get compared to list price?

4.  Do you offer any particular programs or services for each home that you sell such as a home warranty, professional photos, etc?  Does your fee determine whether additional services are included or not?

5.  If you don’t provide these additional services yourself – do you at least have companies you can refer me to that if I choose to use them directly to prepare my home more effectively, I can do so?

6.  Are there any special considerations I should have while selling my home such as security, prep for showings, etc?

7.  How often will you communicate with me about the sale of my home?  What kinds of reports can I expect?

8.  Will I get a chance to review and approve any of your advertising or marketing materials such as the flyer, MLS ad, or otherwise?  If not, why?  If I am not satisfied with a piece, will you work with me till I am?

9.  How will you determine the price that should be advertised for my home?  Will you include me in those pricing decisions and explain to me any reasoning for a price above or below my own estimate?

This list isn’t meant to be exhaustive but it will definitely open up a lot of good (or what should be good) conversation between you and the agent you are interviewing.  If the agent is unable to respond to any of these questions then you should seriously reconsider whether or not you will use him/her regardless of if it is a “family friend” or otherwise.  In today’s marketplace it is important that you make the right choice the first time, if you can.  The buying public is much more sophisticated today than even 10 years ago because of the Internet and because of the onslaught of home focused television shows and channels like HGTV.

Form 17 — an addendum to the contract?

Posted on by
144

As always, this is not legal advice. If you want legal advice, consult an attorney, not a blog.

Is the Form 17 part of the purchase and sale agreement (PSA)? Should it be listed in the “Addendum” paragraph of the PSA? In a word: NO! (At least if you’re the seller — if you’re the buyer, then YES!)

First, some background: Here in Washington, a seller is required to provide a fairly comprehensive Seller Disclosure Statement to any buyer of real property. Our local MLS provides this to sellers as its “Form 17,” so everyone in the biz refers to this legally required disclosure statement as the Form 17. Pursuant to the statue, the Form 17 “is for disclosure only and is not intended to be part of any written agreement between the buyer and the seller,” i.e., it is not supposed to be part of the PSA. On the first page of a PSA, there is a section in which the various addendums to the PSA should be listed so that there is a clear description of the complete contract and its terms.

In practice, many agents (and unrepresented parties) will list the Form 17 along with the various addendums that are typically included in the PSA (e.g., financing contingency, title contingency, inspection coningency, etc.). If you are a seller, this is a significant mistake. Conversely, if you are a buyer, this provides you with some leverage if the seller fails to disclose or misreprsents a defect in the house.

By listing the Form 17 as an addendum to the contract, the parties incorporate the Form 17 into the contract notwithstanding the statutory language. In that event, if the seller fails to disclose or misrepresents a defect, then the seller has arguably breached the contract. This would give rise to a breach of contract claim against the seller, which is an easier claim to prove than a claim of fraud, the typical claim arising out of a seller’s misrepresentation. Moreover, the PSA contains an attorney’s fees clause. Thus, if the buyer were to prevail on the breach of contract claim, he would also be entitled to an award of his fees and costs incurred (which will very likely exceed the cost to repair the undisclosed defect). Fees and costs typically are not available on a fraud claim (although the case below calls that proposition into doubt, a topic of a future post).

A very recent case helps to illustrate this point. Stieneke v. Russi, decided July 1, involved a seller’s failure to disclose a leaking roof. At trial, the court concluded that the Form 17 was part of the contract, even though the buyers signed it four days after mutual acceptance. The trial court reasoned that a seller should not be able to easily avoid liability for the contents of the Form 17. The court found that there was “an understanding” between the parties that the Form 17 was “part of the deal.” Accordingly, the seller was liable for breach of contract.

On appeal, the appellate court reversed the trial court. The appellate court focused on several issues, including the fact that there was no mention of the Form 17 in the PSA itself. Had the PSA referenced the Form 17 in the “Addendums” section, thus specifically including the Form 17 in the terms of the contract, the appellate court would have had a much more difficult time concluding that the Form 17 was not part of the contract.

So, if you’re a seller and you receive an offer showing the Form 17 as an addendum, prudence would dictate that you strike that term and present the counteroffer back to the buyer. There is no reason to include the Form 17 in the contract, and indeed the legislature did not intend for it to be part of the contract as indicated by the statutory language. On the other hand, if you’re a buyer, go ahead and list the Form 17. Why not? It is common practice among agents and there is a good chance the seller will accept this term. In that event, you will have some additional protection to insure that the contents of the Form 17 really do reflect the actual knowledge of the seller. If the Form 17 does not reflect the seller’s actual knowledge, then you will have a good claim against the seller for the costs you incur as a result.

[Footnote: the damages in the Stieneke case, the cost to repair the leaking roof, was $72k, but the attorney’s fees and costs were $175k. Clearly, as a buyer it is really, really good to preserve any ability to recover your fees and costs in the event you have a claim against the seller. In a future post, I’ll discuss other interesting aspects of this case, including the basis for this award of fees even though there was no breach of contract claim.]

Goodbye Sonics… We Will Miss YOU!

Posted on by

Like Ardel said, bye bye Sonics. From the start of the trial, the City looked like a bunch of Rookies playing against The Celtics. It is unfortunate the poor political leadership of Washington (Gregoire, Sims, Nickels and the Seattle Council and then some) is not confident in their own decisions to call a spade a spade. The smug look on the mayor and the council members was telling they could care less about sports in Seattle (if not Washington).  Since the start of this all, they have said it was “never not about a cash settlement to Seattle.” In the end, it was made to be a cash settlement.

Lets hope they all know something we do not! If they don’t, once again, another political stumble… it will be interesting to see how this plays out in up and coming elections.