Dawn Rivera’s Fremont & East Bay Real Estate Blog

Federal Reserve governors, unanimously proposed tough new consumer-friendly disclosure rules for mortgages and home equity loans last month, tackling one of the less-appreciated causes of the nation’s deep financial crisis.

After 18 months of study and consumer testing, the Fed’s division of consumer affairs proposed, and governors accepted, a change to how finance charges and the annual percentage rate would be calculated. They also proposed restricting some bonus compensation from lenders to those who originate loans.

The action by the Fed’s Board of Governors, which requires a four-month comment period before becoming final, came as Congress is weighing an Obama administration proposal to strip the central bank of some of its regulatory authority over consumer credit products such as mortgages and credit cards. The administration favors giving those powers to a new Consumer Financial Protection Agency, which would have the sole mandate of protecting consumers from abusive practices such as the weakened lending standards that triggered a collapse of the housing sector. This crisis in mortgage lending quickly morphed into a global financial crisis.

Last month’s Fed vote also came hours after the National Association of Realtors reported that sales of existing homes rose 3.6% in June, the third consecutive month of increasing sales. All regions of the country posted growth, and the percentage of distress sales fell to 31% from 33% in May.

This report provides further evidence that activity in the housing market is stabilizing and that price declines are slowing. The increase in home sales over the last three months was the fastest since May 2004 (in percentage terms) and the NAR reports that the share of distressed sales is declining. This report, along with recent data on housing starts, building permits suggests that we may have seen the bottom in home sales and housing construction.

Wall Street cheered the housing news.

The Dow Jones Industrial Average closed up 188.03 points to 9069.29, crossing the psychological threshold of 9,000. The S&P 500 finished up 22.22 points to 976.29, and the Nasdaq wrapped up the day with a gain of 47.22 points to 1973.60.

Under the Fed proposal, lenders or other originators of mortgages-such as mortgage brokers-would have to provide borrowers with clear one-page explanations of how adjustable-rate mortgages, like those that triggered the housing crisis, differ from fixed-rate products. They’d have to provide clearer examples of what borrowers’ true costs would be, using the loans themselves rather than generic examples.

Lenders also would have to notify borrowers of payment changes 60 days beforehand, rather than the current 25 days. Similarly, for home-equity lines of credit, the notification period would be 45 days instead of 15.

Those moves are decidedly more consumer-friendly, giving borrowers more notice to adjust to pending changes and perhaps seek refinancing in the case of adjustable-rate loans.

The most controversial proposed change is restricting special compensation from lenders when mortgage brokers get borrowers into higher-priced loans when they qualified for lower rates. This bonus, called a yield-spread premium, was a factor in the explosion of sub-prime lending, which involved high-cost loans given to the weakest borrowers.

The National Association of Mortgage Brokers has defended these special commissions but it declined immediate comment on the proposed rule change, which expressly would prohibit steering consumers to higher-priced products in pursuit of personal gain.

During the comment period, the Fed will work to create similar disclosures at the Department of Housing and Urban Development, which has jurisdiction over the settlement documents involved in home purchases.

“It is a complex and comprehensive proposal, so I think an extended comment period is appropriate,” Fed Chairman Ben Bernanke said.

More information on this will be available approx. November 2009

Been out looking for an entry-level single family home in Hayward, CA? If your answer is yes, then you’ll have experienced first hand the craziness that’s become reality in the current Hayward, CA market. No matter which property you choose to visit, chances are there are folks there already, and, as you leave, odds are very good that others are pulling up behind you.

The entry-level market for detached single family homes in Hayward, CA has gone plain nuts.

Nuts might be good for squirrels but last time I checked, those cute, furry-tailed rodents don’t qualify as first-time home buyers. What’s all the fuss? I’ll explain the issues and implications at the end of this post, however, let me first set the stage.

Single family homes 1,200 square feet and smaller are flying off the market like pancakes off the grill during a lumberjack festival. Inventory is WAY down and sales are WAY up. In fact, in an unprecedented market maneuver, pending sales numbers are actually out pacing the supply of existing homes for sale. It doesn’t take a rocket scientist to realize that something is up and to agree that things can’t continue this way for long.

So where are we headed? Does this mean we’re at the bottom of this particular market? You tell me. It would appear that prices have stabilized and have been on a plateau for quite a while. There is a mere difference of $4,000.00 between the average sold price from November, 2008 until April, 2009. However, list prices are headed back up – a sure indicator that at least one group believes the market has turned – sellers.

As I’ve stated in other posts, the bottom of the market cannot be officially called until both Average Sales Prices AND Average Square Foot Prices are either flat or climbing.

While not yet perfectly level, the numbers are looking very, very good. We may not be at the absolute bottom, but we’re so close that if I was in a submarine, I’d be sounding the collision alarm and looking for something secure to hang on to.

Lastly we have Months of Inventory. A quick search on Google reveals many pundits stating that approximately 6 months of inventory indicates a level market. More inventory reveals a Buyer’s Market, less precludes a Seller’s Market. Anyone thinking we are still in Buyer’s Market in this category is simply in denial. True, we’ve not seen prices pounding back upward, but, from personal experience, I can tell you that almost every home in this group is ending up with multiple offers and is selling for over asking price. And here is a part of the rub – most of these homes go on the market with artificially low prices for the specific purpose of securing multiple offers and driving the prices back up again.

Here are 3 Critical Facts you need to know about this market:

1. We are running out of inventory at the bottom of the market.

There are a few reasons for this:

There was a hold on foreclosures from late 2008 until April 01, 2009. Although foreclosures are back on track, new properties have not yet hit the market in any kind of significant volume. That may change any moment.
Unprecedented numbers of buyers are hitting the market because of record low mortgage rates, rock bottom prices and good, old fashioned “spring fever.”
The $8,000.00 tax credit and its impending deadline are pushing buyers to cash in before it is too late. Even the confusion about whether or not the credit can be used for the down payment is fueling frenzies in some quarters.

2. Many homes are going pending that ARE NOT actually closing.

Because of the shrinking inventory, many buyers are starting to write on short sales – buyers that would’ve historically avoided them a brief 3-4 months ago. Once in contract, short sales show up as pendings, but take so long to close they actually mess up the pending numbers (that is the only way more homes can go pending than are actually on the market!). The success rate of short sales is somewhere between 10-20%, and they can take up to 9 months to close. To add to the confusion, many buyers submit an offer on a short sale, it gets marked pending, then those very same buyers go get offers accepted on OTHER short sales as well. While those escrows are slowly stewing in their short-sale crock pots, those same buyers actually go out and manage to get an REO into escrow! One buyer – three escrows? You betcha! You gotta know two of those escrows are NOT going to close, thus adding to the overall confusion in the current market.

3. Current list prices are artificially low.

Banks and their listing agents have figured out the “list low – sell high” strategy and are whipping it into an art form. Low ball offers on REOs are WAY gone unless it’s a dog of a property and has been sitting on the market an awfully long time. If you see something out there priced way too low to be real, guess what …

Lastly, remember that short sale listing agents are also pricing way below market value just to get you through the front door. Problem is, there is absolutely NO guarantee that the bank will actually sign off on the “list price” or your subsequent lower offer.

I believe this situation will be temporary.

We cannot continue to have more homes go pending than are actually coming on the market – this is supply and demand economics 101. Something has to give. I believe it will be supply: in my opinion, we are going to see a resurgence of foreclosed homes into the market in the near future that will level the playing field. Many of these will be existing short sales that have been sitting out there a long time. And in some cases, short sale homes, once foreclosed, will go back on the market at a higher price than their list prices as short sales. This is simply because they were priced far too low to begin so as to attract visitors and offers.

Bottom line: I personally do not believe homes at the bottom will go down much more in value, if at all. I believe homes in the upper end will be the ones taking the hit. And I also am going to predict that by mid-summer, we should be back to at least 3 months of inventory.

So how to respond to all of this?

Be a wise buyer. Cooler heads always prevail and make the money in markets like this while those who respond with panic end up losers every time. Set a limit and stick to it – it may be a while before you land a house, but with careful work and due diligence, you will find one that you can finally call “home.”

Due to the turmoil in the real estate market, a Florida couple is raffling off their luxury home in Fort Lauderdale for only $10 a ticket. After the drawing is held, the deed and title to the home will be transferred to the lucky winner (with no mortgage), and a portion of the proceeds raised will go to benefit a local charity.

Moving from their dream home is something the Brannans never thought would happen, but the economic crisis has caused them to make many tough decisions. They came to the conclusion that raffling off their 6,000 sq. ft.
home was the only reasonable solution.

In addition to offering people an opportunity to win this home for just $10, the couple states that a portion of the proceeds from the drawing will benefit The Mission of St. Francis, a charitable organization in Ft. Lauderdale. According to Miles Brannan, “The Mission of St. Francis is a wonderful organization that helps individuals suffering from addictions by providing them housing and helping them find jobs to get back on their feet.

We’ve all been hit hard by the poor economy lately, and I feel The Mission is really making a difference in people’s lives. So a portion of the proceeds will go to the Mission to aid in their efforts.”

The Florida home’s spacious open floor plan includes 6 bedrooms and 6.5 baths. The master suite is 1,000 square feet and has a second story balcony overlooking the waterway. The estate also has a theater room with a 120?
screen, 4 car garage, and beautiful winding staircase. I

Only 300,000 tickets will be sold for this raffle, and the drawing will take place once all tickets have been sold. Once the drawing has taken place the winner will be notified within 24 hours by phone, e-mail or certified mail.
Winners do not need to be present to win. All monies collected will be held by Chicago Title Insurance Agency, Inc.

For more information, visit www.floridaluxuryauctions.com.

After a recent spike seen in mortgage rates, some consumers are wondering whether they’ve missed their chance to refinance into an ultra-low rate. Fear not: While the conforming 30-year fixed-rate mortgage hit a daily average of 5.81% last Thursday 06/18/09, it averaged 5.53% on Tuesday06/23/09, and it’s possible that rates could continue to fall. Predicting interest rates is like predicting who is going to win the World Series in January,I feel the recent spike is somewhat of an aberration, I expect rates will continue to drift down.

Why the recent run-up in rates? Over the past month or two, the economic skies have brightened somewhat, and the threat of trillion-dollar budget deficits for the foreseeable future, the potential for significant inflation, and few clues as to how the government might extricate itself from intrusions into markets created a landscape that was not appealing to investors.

Now, rates are retreating partly because inflation doesn’t seem as immediate as investors feared. In my opinion, nothing fundamentally has changed in the economy over recent weeks to warrant the rate rise, yet he expects volatility through the remainder of the year as investors debate the economy’s health. Realistically, I think that the rates will drift under 5% again. It may take a month, may take two months.

It’s also important, however, to realize that extremely low rates likely won’t be around forever. Luckily, we have seen rates drop some this week, which should help many consumers breathe a little easier. But the fact remains, the government’s plan of purchasing mortgage-backed securities cannot go on indefinitely, and when it ends, we will most certainly see a spike in rates. The hope is that the Fed can keep rates low long enough to kick-start a housing recovery. Whether that will work remains to be seen.

Hi loyal readers, here is some new market info for you. Record low mortgage interest rates boosted pending home sales for the third consecutive month, with some benefit now from the first-time buyer tax credit, according to the National Association of Realtors®.

The Pending Home Sales Index, a forward-looking indicator based on contracts signed in April, rose 6.7% to 90.3 from a reading of 84.6 in March, and is 3.2% above April 2008 when it was 87.5.

The Pending Home Sales Index in the Northeast shot up 32.6% to 78.9 in April and is 0.8% above a year ago. In the Midwest the index rose 9.8% to 90.4 and is 11.1% above April 2008. The index in the South slipped 0.2% to 93.0 in April but is 3.5% higher than a year ago. In the West the index rose 1.8% to 94.8 but is 2.9% below April 2008.

There are numerous buyer assistance programs around the country. Some states are offering bridge loans that allow first-time buyers to use the tax credit for downpayment and closing costs, but there are many other local government and nonprofit programs available to buyers, depending on location.

Just last week, HUD announced that qualifying buyers can use the tax credit for closing costs on FHA loans, to buy down the interest rate or make a larger downpayment. Buyers who are wondering about their options should contact a Realtor®, who can advise consumers on the housing assistance programs and resources available in a given area.

NAR’s (national asso. of realtors) Housing Affordability Index is in record territory. The affordability index rose to 174.8 in April from an upwardly revised 171.9 in March, and was the second highest monthly reading on record after peaking at 176.9 in January of this year. The HAI is a broad measure of housing affordability using consistent values and assumptions over time, which examines the relationship between home prices, mortgage interest rates and family income; tracking began in 1970.

A median-income family, earning $60,900, could afford a home costing $296,800 in April with a 20% downpayment, assuming 25% of gross income is devoted to mortgage principal and interest. Affordability conditions for first-time buyers with the same income and small downpayments are roughly 80% of that amount. The affordable price was well above the median existing single-family home price in April, which was $169,800.

The relationship between contracts on pending home sales and closings on existing-home sales is taking longer than in the past for several reasons, Mortgage processing time has increased, it is taking many months to close on those homes requiring short sales with lender approval, and some sales are falling through at the last moment.

The total number of existing-home sales is expected to improve but with dramatic local market variation in the timing of recovery. The market has already bottomed in some areas, but this is an unusual housing cycle with some areas improving rapidly while others languish or decline.

For more information, visit http://www.realtor.org.