Ok, so we had our first 100 degree day recently, big whup…. Around here, that is child’s play.

For many, the a/c has been cranking for weeks, but for some, they hold out as long as possible. I can tell you one thing, if you are selling a home right now, don’t try to “cheap out” and turn the a/c up to 85 or 90 when you leave for work in the morning. Try to keep it cool, it could help.

Last week, I was looking at homes in Tempe with a friend / client and was glad that many of them were occupied. As you know, there are many parts of town and a few price ranges where the majority of the homes are vacant. Not only are these homes vacant, they have no power on. No power means, no a/c. Ever step out of a car into the hot sun only to find the inside of a home to be hotter? Believe me, it’s not cool.

If a buyer needs to rush back to an air conditioned car with sweat dripping off of their forehead, he / she probably isn’t going to have a real fond memory of that home. Same thing when the sellers leave all of the blinds shut and the a/c up to barely bearable – it just doesn’t show as well.

From SRP we get this information that probably doesn’t have a home seller in mind:

“Q: Is it better to set the thermostat to a high temperature (85° to 90°) while at work all day and cool the house (two-story, approximately 3,200 square feet) when you get home to a comfortable temperature (approximately 80°), or to keep the thermostat just a degree or two higher during the day so that the cooling unit doesn’t have to work as hard during peak hours to cool the house?

A: You will save money anytime you can increase the temperature on your thermostat and cause the unit not to run. The old myth that says you will spend more energy bringing the temperature back down than you would have spent just leaving the thermostat alone is just that, a myth.”

So, you might save a few bucks by turning the a/c up to 90 when you leave for work, right? Well, if you are trying to sell a home, it could cost ya’ even more. If your home shows well and is priced correctly, leaving the a/c in a comfortable range during the day might just be money well spent…

The most confusing document in the entire loan package is the
Truth-In-Lending Disclosure Statement. I’ve heard more than
one escrow officer refer to it as the “Confusion-In-Lending” and simply
ask the borrower to sign with a cursory explanation usually saying it’s
the loan costs rolled into the interest rate or something similar.
While not entirely inaccurate, it doesn’t really explain the
“TIL” as it’s referred to in the biz.

With so many engineers in the Valley of the Sun, it’s tough to fudge on
numbers during a signing. They were the impetus for me to
know the TIL, and to be able to explain it if a borrower required me to
do so… Here’s what I learned:

The Annual Percentage Rate or APR, is not the interest rate.
It is a number expressed in terms of an interest rate created
by the government to enable consumers to comparison shop lenders.
The APR does factor in the fees paid by the borrower.
This is accomplished by creating a new number called the
Amount Financed. The formula for the amount financed is:

Actual Loan Amount – Prepaid Finance Charges = Amount Financed

Prepaid Finance Charges are defined by the government as follows:

Prepaid Finance Charges are
certain charges in connection with the loan and which must be paid upon
the close of the loan. These charges are defined by the
Federal Reserve Board in Regulation Z
defines these charges and the borrower must pay the charges.
Non-Inclusive examples of such charges are: Loan origination
fee, “Points” or Discount, Private Mortgage Insurance or FHA Mortgage
Insurance, Tax Service Fee. Some loan charges are
specifically excluded from the Prepaid Finance Charge such as appraisal and credit
report fees.

So if a borrower had zero Prepaid Finance Charges, the Amount Financed
would equal the Actual Loan Amount. The APR would also be the
same as the actual interest rate. This scenario is extremely
rare. We all pay fees to the lender and title company, so the
Amount Financed will always be less than the Actual Loan amount.

So how does this affect the APR? Amount financed has a direct
impact on the APR. Here’s where the fun starts.

Let’s assume a loan of $100,000 at 5.25% interest on a 30 year note.
The principal and interest would be $552.50 These
are fixed figures that will not change.

Let’s also assume Prepaid Finance Charges of $2,000. Since
the TIL requires knowing the Amount Financed, we see that $100,000 -
$2000 = $98,000 (our Amount Financed). What the TIL
does now is take the Amount Financed and assume for the purposes of the
TIL that it is the loan amount. So if the monthly payment
remained at $552.50, but the loan amount was $98,0000, what would the
interest rate be for a 30 year loan? The answer is 5.427% and
this is also the APR!

The most important takeaway from this post is the more you pay
in fees, the bigger the difference between the actual interest rate and
the APR. It really is basic math, once you decipher the
definitions provided by the government, and as we all know, sometimes
that isn’t easy…

A while back, I said I was going to begin a series of posts with the “really?” theme associated with some of the odd things I see happen in my business. So, once again, it is time to vent just a tad…

If you know me, you know that I have a pet peeve about some of the things that happen in the real estate industry. Many of these things have to do with the “different rules for different people” mentality.

For instance, I often wonder why/how the major home builders get away with saying you “must use our lender” and you “must use our title company” for services. I know most of the reasons – that will probably be a whole new post on a whole new day. The main excuse reason was/is that they have bulk rates with “preferred vendors”, etc.

Getting back to today’s rant, I’ll focus on the “Sellers’ Property Disclosure Statement” or “SPDS” (spuds is a common term we use).

Many of the banks and short sales have the language of “no SPDS” in their property profile sheets. Basically, they must feel like they are limiting their liability by trying to get a buyer to waive receipt of something so common to our residential resale real estate purchase contract it is pre-printed into the document.

Well, since the banks are doing it, why shouldn’t others, right? Today, I saw this language written in the agent remarks section of an mls print out. Not that it is the first time I have ever seen it, this just happens to be the first time I have vented about it, to you.

“Property Sold As/Is. No Disclosures or Warranty Provided. Owner is a licensed real estate broker in AZ and the listing agent.”

No disclosure? Really? Why not? In Arizona, and I assume other states as well, every buyer is entitled to a SPDS. The fact is, even if someone has never lived in a property, there are many questions on the Seller Property Disclosure Statement that an owner would know.

Some basic questions from an Arizona Seller’s Property Disclosure Statement are:

1. From line 3:  Property address.
2. From line 6: Legal owner(s) of property:
3. From line 21: Are you aware if there are any association(s) governing the property?

Many of the questions are pretty basic and any owner “could” answer a number of the questions. Granted, banks or an owner that has never lived in a home might not be able to completely fill out a “SPDS” as much as we would like.

It is recommended that if a buyer is refused a SPDS by an owner of a property they would like to purchase, a blank copy of that document be given to the buyer for review. The blank document might be beneficial in helping to bring attention to possible items of concern or importance. Another form that is helpful in determining things to consider is called a “Buyer’s Advisory” form which can be a very good resource of information.

If you have any questions about any of the forms mentioned, please feel free to call me to discus, I’m always glad to talk shop…

The main purpose of this blog is to provide information to you. In doing that, I have decided to ask people from within my industry to write an occasional “guest post” on topics that will be of interest to anyone wanting to know more about the real estate business or the real estate market in Arizona. 
Below, you will find some information about the escrow process as written by my good friend, Bill Risser from Chicago Title and Trust. I’d like to thank Bill for sharing the information with us!


___________________________________________

Nearly everyone has heard of ChicagoTitle Insurance Company.  But just what does the title and escrow company do in the purchase of your new home? My intent with this post is to explain the escrow side of the transaction.  We’ll discuss title insurance in depth in a
future post.

An escrow is an arrangement in which a disinterested third party, called an escrow holder, holds legal documents and funds on behalf of a buyer and seller, and distributes them according to the buyer’s and seller’s instructions. 

People buying and selling real estate often open an escrow for their protection and convenience. The buyer can instruct the escrow holder to disburse the purchase price only upon the satisfaction of certain prerequisites and conditions. The seller can instruct the escrow holder to retain possession of the deed to the buyer until the seller’s requirements, including receipt of the purchase price, are met. Both rely on the escrow holder to carry out
faithfully their mutually consistent instructions relating to the transaction and to advise them if any of their instructions are not mutually consistent or cannot be carried out.

An escrow is convenient for the buyer and seller because both can move forward separately but simultaneously in providing inspections, reports, loan commitments and funds, deeds and many other items, using the escrow holder as the central depositing point. If the instructions from all parties to an escrow are clearly drafted, fully detailed and mutually consistent, the escrow holder can take many actions on their behalf without further consultation. This saves time and facilitates the closing of the transaction.

The escrow process was developed to help facilitate the sale or purchase of your home. The escrow holder accomplishes this by:

• Acting as the impartial “stake-holder,” or
  depository of documents and funds
• Processing and coordinating the flow of
  documents and funds
• Keeping all parties informed of progress on the
  escrow
• Responding to the lender’s requirements
• Securing a title insurance policy
• Obtaining approvals of reports and documents
  from the parties as required
• Prorating and adjusting insurance, taxes,
  rents, etc.
• Recording the deed and loan documents
• Maintaining security and accountability of
  monies owed and owing.

When my son was much younger, he asked me what “escrow” was. My explanation to a 6 year old was this: One person has keys to the house being sold.  Another person has a bag
full of money to buy the house.  Each takes a hold of  the keys and the money together, but neither will let go. Each is afraid the other will run off with both the keys and the money if they let go first.  That’s where escrow comes in.  The keys and the money are given to escrow, and when all the terms of the contract are satisfied, escrow hands over keys to the buyer and the money to the seller!  He immediately understood, and then proceeded to tell me that it sounded boring. 

Gotta love kids!

Short sales and foreclosures are a very large part of our market in Arizona. The short sale process can bring many more questions than answers for people facing a job loss, relocation or a need to sell a home in a market where property “values” have declined.
The realities of facing short sale questions about tax consequences, debt relief, anti-deficiency judgements, and many other terms that many people are not familiar with can create even more uncertainty. Having people “embarrassed” of their situation, not knowing where to turn or not having a trustworthy advisor has sometimes been a reason for people to put off getting help.
Unfortunately, some of the problems with short sales are also compounded by the fact that many people in the real estate industry have had challenges in trying to learn about a process that is fairly new or unfamiliar and in dealing with different banks or bank employees that can often be clueless.
I am very glad to see that Realty Executives of Arizona has created a place where people all over the state can call a number to be put in touch with an agent willing to help them sell their home in these challenging times.
Many agents have put off short sales and take them only when they “have to” do them. As consumers seek information on how to best deal with a short sale, the Realty Executives short sale division promises to be a place where good, solid real estate information will be found.
Should you or anyone you know need to find a real estate agent willing to help with your short sale in Arizona, please feel free to call my “short sale hotline” at 480-463-4514.

Foreclosures are a huge part of the real estate market in Arizona. For some, foreclosures are an opportunity, for others, they are a nightmare.

Over the past several months, I have had many conversations with people about what happens to a tenant when an owner loses the home. We have all heard the horror stories of people coming home to an eviction notice and the terrible situation it can put them through.

The National Association of Realtors “supports programs to reduce the impact of foreclosure on communities.” In fact, they have talked about tenants rights quite a bit this year. From a NAR article we learn:

Under the new law, which went into effect on May 20th, tenants will have to receive 90-days notice prior to being evicted, when their rental home is foreclosed upon. In addition, tenants must be allowed to stay in the property through the end of their lease, with two exceptions:

* The new owner wants to occupy the property as a personal residence, and
* There is no lease (month to month), or there is a lease but state law allows the lease to be terminated at any time upon notice.

Unfortunately, not all people are aware of their rights. The fact is, most people would prefer to be notified prior to a notice being served. After my friend Jeff called recently to ask me to look into a potential foreclosure situation for a friend of his, I decided to meet with the guys at LemonLandlord.com to learn more about their service. Take a look at this video.
If you have any questions… ” Just Call Nick!”

In addition to watching our mls system and looking at a lot of homes around town, I get a LOT of email and blog updates to help keep an eye on the real estate market. While I firmly believe there is no way for anyone to give a “one size fits all” answer to the market, it is interesting to watch trends. In my opinion, you need to look closely at a specific neighborhood before making a sound decision on buying or selling. I am enclosing material from an email that was sent to me this morning.

Pending Home Sales on a Record Roll

WASHINGTON (September 1, 2009) Contract activity for pending home sales has risen for six straight months, a pattern not seen in the history of the index since it began in 2001, according to the National Association of Realtors.

The Pending Home Sales Index, a forward-looking indicator based on contracts signed in July, increased 3.2 percent to 97.6 from a reading of 94.6 in June, and is 12.0 percent higher than July 2008 when it was 87.1. The index is at the highest level since June 2007 when it was 100.7.

NAR’s Housing Affordability Index stood at 158.5 in July, below the peak set in April but is still 36.0 percentage points higher than a year ago. 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.

Not all areas and price ranges are seeing the same fluctuations in pricing, availability and sales. If there is an area you are interested in or if you have seen a “for sale” sign that you want to know more about, “Just Call Nick!” I’ll be glad to help…

Changing markets bring about a lot of issues that often become misunderstood or over looked. In the past 17 years of selling homes, I don’t recall a time where people had so many questions and misconceptions on home prices, terminology and the market. If you are reading this as a “club member,” you probably know me pretty well and know that I enjoy working with people that know me and trust what I say. There is a difference between people that call on a sign or an advertisement and people that call who have been recommended by a friend or someone that I have worked with in the past. Often, those responding to an ad are skeptical when they first call. Usually this is due to misperceptions of our industry or they have been reading the papers, which often (in my opinion) report real estate related information about 6 months too late. A recent article in the paper said that cash buyers are playing a large part in the market right now. Really? Six months ago, when you told someone that there are bidding wars on properties and that investors are snatching homes up, paying cash, and making it hard for “normal” buyers to compete, it was often met with a “deer in the headlights” type of look. Now, people are becoming more aware of the difficulties in certain markets.

Short sales and bank owned homes come with a LOT of questions right now, as well. A short sale can be a complete nightmare or it can sometimes go fairly smooth. However, the idea of looking at a bank owned home and offering “50%” under list price typically won’t work. Banks normally price the homes (currently) aggressively and are not necessarily going to “dump them” as callers often hope. That doesn’t mean you can’t bargain or get a good price, it just means you need to understand how the process normally works.

Short sales are similar. Wow, can they be a LONG process. I have seen short sales take many (many) months and have seen others take less than 45 days. Yep, we recently closed a short sale in less than 45 days. This was possible because the “first” buyer decided to give up after waiting 4 months for the bank to make a dang decision. Once they got tired of waiting, they canceled. Lucky for my client, the bank had just issued an approval and we were able to get an acceptance in a couple of days and close in a “normal” amount of time. Other times, we wait months just for a response. Crazy.

Bottom line is this… If you have questions about buying or selling real estate. “Just Call Nick!”

The Arizona real estate market, like many others, continues to change at a rapid pace. While the trend is currently looked at by many as “distressing,” there are those who look at this market as an opportunity to purchase real estate in an environment of low interest rates and at price levels not seen for quite some time.

One of my long time “partners” in the real estate business is Fidelity National Title. For those of you that have worked with me for a long time, you might be familiar with them. Recently, I got some very interesting statistics from my friend, Jennifer Weller, an account rep for Fidelity. We discussed some of the current issues banks are dealing with when handling distressed properties.

1. 40% of the subprime loans written in ’06 & ’07 had no income verification.

2. Chase has a new program that if you lose your job-they will reduce your payment to $500 for months to help homeowners not lose their home.

3. It costs lenders on avg 75-125k per bank owned property.

4. fannie mae loan-primary residence…foreclosure=ineligible for 5 yrs for a FMae mortgage, short sale=2 yrs

5. investor ineligible for a Fannie Mae loan for 7 yrs in Foreclosure, short sale=2 yrs

6. foreclosure lowers credit 250-300 pts for avg of 3 yrs…and stays on credit for 10+ yrs
These 6 items are from Jen’s “Twitter” feed while attending a seminar. I hope to go over the details with her in the near future and will gladly update you with any questions you might have. We will be reviewing the notes and updating / adding to the information in the near future.
As in every market, it is best to understand and make good educated decisions before buying or selling. There is always a seller that wants to sell and a buyer that wants to buy.
Let’s discuss your situation before you decide to make a move. As always, I’ll give you my honest opinion of your current situation. If it makes sense for you to make a move, I am happy to assist. If it doesn’t, I will be glad to tell you so.

If you just want to “get a feel” for prices of homes in an area, (including foreclosure lists) you may visit my FREE map-based home search page to begin the process. As always, remember to “Just Call Nick” with any questions or comments!

For the month of October, we have gone PINK in honor of Breast Cancer Awareness. This is a great opportunity to tell our friends about FREE mammograms.