Patty Manzi’s Tri-Valley Real Estate Blog

There is now a new name for people who voluntarily default on their mortgages.  The ’selective defaulter’ is someone who has a stable income and can more than afford their mortgage payments & monthly expenses, but because their home has lost value and is worth less than is owed on the mortgage, the homeowner decides to default voluntarily and walk away from the home & mortgage. 

I can think of many other things in our lives that lose value and we as a society dont give it a second thought.  But when our home loses value we dump it and run?   This is very puzzling to me.

When we buy a new car it loses value the day we drive it off the lot because it is now a ‘used’ car, but we keep making our monthly payments and drive it until it falls apart.  We spend thousands of dollars on electronic equipment (computers, TV’s, PDA’s),  and rooms full of expensive furniture.  These things lose their value, but we dont stop paying for them and dump them on the local street corner because of it.  I have heard people complain that they couldn’t get $50 dollars for their coffee table at a garage sale so they kept it because it ‘was expensive’ when they first bought it, but they will turn around and walk away from their HOME because their equity has devalued.  Personal property almost never increases in value no matter how long we keep them, but our real property – our homes –  eventually do if we hold on to them long enough.  That’s why real estate is called an investment.  Just like the stock market, the prices go up and down.  If we stay in for the long-term, at some point we will see a return on our investment.

For some there is a belief the banks need to be responsible for the loss of value in their homes, and this is just not true.  Just like credit card companies and auto-loan companies are not responsible for the devaluation of our personal property and vehicles.  On the contrary, consumers have a responsibility to follow through on our financial commitments.

I do understand there are many people who are upside down on their mortgages that truly cannot afford their monthly payments due to a financial hardship like the loss of a job, or the death of a spouse.  In those cases walking away from one’s home and morgage is unavoidable and not really a choice.  For those people loan modification programs, HAMP programs, HAFA programs,  short selling the home, or ultimately foreclosure are all valid and viable choices.

I’ve heard it, you’ve heard it, many people in the real estate industry are talking about it.  The banks are sitting on this huge reserve of foreclosed homes that are going to hit the market all at once and take down what’s left of our economy!……..  ~NOT! ~ Its a myth.

Last February, HUD instituted the Home Affordable Modifications Program (HAMP) which would allow a borrower to contact HUD and apply for a loan modification.  Many people jumped immediately on this opportunity, however, many banks did not have guidelines in place to be able to service the requests.  So the requests piled up until the banks were on board with the property guidelines.  Once the guidelines were received, banks were able to proceed with the modification request and there are many currently in process.

What one must realize is that the modification request is just that – a request.  There is a three month ’trial  modification period” where the borrower does pay a reduced amount on their mortgage.  It is during this trial modification period’ that the bank has to review all of the borrowers financial inforamtion to determine if they qualify, and if they qualify, they are subject to underwriting review for approval.  

The myth of the banks sitting on these reserves comes from the fact that many modifications were delayed from the beginning because the banks were not prepared with the proper guidelines, thereby delaying the beginning of the trial period.  This created an over abundance of  mods to process when the banks finally got up to speed.  The borrowers that will not be granted a modification may lose their homes to foreclosure if they have no other option.  And those homes will be hitting the market .

Yes, there may be alot of them hitting the market at the same time, but not becuase the bank is holding onto them for some arbitrary reason. Banks are required to sell all foreclosed properties to repay their investors. 

Happy New Year! 

Along with the hope of prosperity, the new year also brings with it some new and exciting changes in our state and federal laws.  One important change will be new license requirements for anyone conducting mortgage loan activities.

As of January 1, 2010 new license requirements go into effect for anyone conducting residential or commercial Mortgage Loan Activities.  Any person engaging in mortgage loan activities must report to the Department of Real Estate their intent to arrange or service loans secured by real property, by January 31, 2010. 

Also, any person conducting licensed activities as a Mortgage Loan Originator (MLO) is now required to have the following:

• An endorsement on their Real Estate License
• Register with the Nationwide Mortgage Licensing System & Registry (NMLS&R)
• Satisfy the requirements to obtain an MLO license (including new qualification assessments, federal & state exams, and background checks).  NO EXCEPTIONS OR EXEMPTIONS for existing licensees.
• The MLO endorsement must be issued by January 1, 2011 on the real estate license.  (Endorsement applications for qualified MLO registrants must be submitted by September 15, 2010 to be issued by January 1, 2010.

Failure to comply can result in the assessment of penalty fees of $50 per day for the first 30 days, and $100 per day for every day thereafter up to a maximum of $10,000.

Senate Bill 36 (SB36), signed into law October 2009, was enacted to identify licensees conducting mortgage activities and bring California into compliance with the federal Secure and Fair Enforcement Mortgage License Act (SAFE Act). 

Under the SAFE Act all Department of Real Estate (DRE) licensees who conduct MLO activities must meet the following requirements to qualify for the MLO endorsement:

• Take and pass the National and California Unique State component of the SAFE written exam.
• Complete 20 hours of pre-license education.
• File an online MLO license endorsement application and license enrollment fee on the NMLS&R.
• File  a NEW set of fingerprints using a NMLS&R live scan vendor.
• Authorize NMLS&R to obtain a credit report on the applicant.

The SAFE Act prohibits the licensing of an MLO for the following reasons:

• An applicant has ever been convicted of a felony involving fraud, dishonesty, breach of trust, or money laundering; or convicted of any felony in the 7-year period prior to applying for an endorsement.
• An applicant has eve had a MLO license revoked in any governmental jurisdiction, or
• An applicant has demonstrated lack of financial responsibility by showing disregard in the management of his or her own financial condition.

Further information can be found on the DRE website at www.dre.ca.gov, or by calling the DRE Licensing Section at (877) 373-4542.

If you are thinking of buying a home in the near future, one thing you need to know about is all of the paperwork that you will need to sign!  Many times people will rely on the real estate agent to tell them what is in the contract before they sign it, but it is the responsibility of the buyer to read the contract & make sure they understand the contents.  Often times the buyer will sign the paperwork, take a copy and say they will read it later.  I doubt that everyone does.  Keep in mind that a Residential Purchase Contract is a legally binding contract, not just ‘an offer’.

A good way to be informed is to ask your real estate agent for a sample copy of a Residential Purchase Contract.   Grab a highlighter and sit down and read the whole thing from start to finish.  Highlight anything you don’t understand or need clarification on.  Then meet with your real estate agent and ask them to explain these things to you.   When it is time for you to write a contract for a home purchase, you will know what you are asking for and understand the terms and conditions.

Be an informed buyer!

Happy house hunting~

Here is a little information on home warranties for resale and new homes.

Resale Home Warranties-

When you purchase a resale home, you can purchase a home warranty plan that will protect you against most ordinary flaws and breakdowns for at least the first year of occupancy.  The warranty may be offered by the Seller as part of the overall package, but if it is not offered, it is well worth the investment to purchase it yourself.  A home warranty program will give you peace of mind, knowing the major covered components of your home will be repaired if necessary.  Coverage for home warranty plans start with a basic plan with an option to purchase additional coverage for specific things like appliances, pool equipment, and air-conditioning.  Your real estate agent will be able to provide you with names of local home warranty companies in your area.  I suggest contacting the companies to inquire about their pricing, coverage, and deductibles for service calls.

New Home Warranties-

When you purchase a newly built home, the builder usually offers some sort of full or limited warranty on things such as the quality of design, materials, and workmanship.  These warranties are usually for a period of one-year from the date of purchase of the home.  At closing the builder will assign to you the manufacturer’s warranties that were provided to the builder for materials, appliances, fixtures, etc.  For example, if your dishwasher were to become faulty within one year from the purchase of your newly built home, you would call the manufacturer of the dishwasher – not the builder.

If the home builder does not offer a warranty, BE SURE TO ASK WHY!