Monday, June 16, 2008

Who will buy my my sweet red roses??

OLIVER (sings)

Who will buy
This wonderful morning?
Such a sky
You never did see!

Who will tie
It up with a ribbon
And put it in a box for me?

So I could see it at my leisure
Whenever things go wrong
And I would keep it as a treasure
To last my whole life long.

Who will buy
This wonderful feeling?
I'm so high
I swear I could fly.



Speaking of flying high - here in Houston, we have at least five new high rise residential towers in various stages of completion. We have others, such as the heavily attacked Ashby high-rise that have yet to come out of the ground.

Who will buy?

To get a loan, these new restrictions apply -

* All condo loans now require a minimum of 10% down payment
* Investor owned properties now require a minimum of 20% down payment
* Any condo project requires a minimum of 55% owner occupancy
* No non-warrantable condo loans are permitted

Okay, what does that mean?

Condos, especially newly built high-rise condos, cost more money per square foot than do traditional structures. Now, a potential buyer will have to make a significantly larger down payment for a high-rise condo than for a traditional structure.

That limits the appeal of high-rise condos.

There are NO LOANS available in new projects until those projects have met FNMA or FHA standards for owner occupancy and sales.

If the condo developer goes with sales to investors (who can't get loans either) and they don't fill the building up with at least 55% buyers who live in the condo, they'll NEVER get loans in those buildings.

Thinking about the ranks of glittering new high rise condos in Miami, New Jersey, Delaware, Houston, Dallas and other cities .. I keep hearing the plaintive, hopeful song of the vendor as she tries to attract attention across the busy marketplace ...

"Who will buy my sweet red roses?"

Friday, June 13, 2008

UPDATE - Important news about condo and investment property loans

Do you remember when you were in fourth grade, and you confidently volunteered the answer to an important question in class and got it wrong?

That's how I felt all day yesterday.

After having some push-back from other mortgage professionals through the Realtors I've been talking to, I dug in and hauled out the new FNMA guidelines, the release notes to the new underwriting system, and read them. Thought about them, and read them again.

On the face of it, one would think I was wrong in my gallop through the countryside yelling "The British are Coming!" (I really wanted to write "gallop through the Countrywide," but it's a bad pun.)

On the face of it, we frequently take away poor or partial impressions. On the face of it, the Fannie Mae regulations and release notes say that they will make loans to non-owner condo buyers, and to cash out equity from non-owner investors.

However, the regulations suggest that for the first time, Fannie Mae's underwriting system is going to LAYER risk factors - rather than just taking the biggest one. Their announcement notes that condos are an increased risk, cash out loans are an increased risk, duplexes, triplexes and quads are increased risk, and investor loans (meaning, someone who's not going to live in the property) are the biggest risks of all.

So, if they're going to stack risk factors - then, condo + investor is risk plus highest risk. Triplex + investor is risk plus highest risk. Cash out + investor is very high risk plus highest risk. The loans that I was speaking of two days ago are now rated as very high risk, and "compensating factors" will be required for those loans to be approved. Sky high credit scores. Deep reserves (12 months plus.)

As I thought about this, I reflected that the Fannie Mae guidelines now say that they'll accept a "level" approval for these types of loans, but I know of almost no lender who will do them, even with these compensating factors present.

That suggests in addition to the underwriting uncertainty of average borrower + risk + high risk layering, the lenders themselves may choose to not do any of these loans. Which is what we've started to see. Lenders are backing away from anything they are less than certain can be sold to Fannie Mae immediately.

From the perspective of someone thinking of buying, selling or marketing property - what this means is you really have to be associated with a lender who is completely on his or her game. Pre-approval letters are meaningless; closings are all that count.

Think of it like the big car dealer ad in the weekend newspaper. They SAY that they have the loaded Camry for $12,999 ... but when you get there, they never do. That's how you should view pre-approval letters for any transaction that is for an investor purchase of a condo, a 2-3-4 unit property, or what we used to think of as a sub-prime loan (no social security number, etc.)

So, I'm still galloping through the Countrywide (I couldn't help myself, I'm sorry) yelling "The British are coming!" If you have a contract, a scenario or are going to make an offer and you're just not sure whether it will fly, call me. We'll give you our best game.

Wednesday, June 11, 2008

Condo loans and investment property loans

Loans on condominium properties for persons who will not owner occupy are no longer available at any loan to value.

Equity loans on investor owner (non-owner occupied) are no longer available at any loan to value.


Condominiums that would not be owner occupied have only access to local bank financing on commercial terms. Equity loans on investor owned properties are now only available through local bank financing on commercial terms.

On any residential investment property purchase, a minimum of 20% down payment is now required. On any condominium owner occupant purchase, a minimum of 10% down payment is now required.

Significant changes regarding corporate ownership of investment residential property, number of investment residential properties that are allowed and credit standards for investment residential property loans have also taken effect.

For a brief presentation and "cheat sheet" on these new requirements, please contact Douglas at 713-524-1850 ext. 220 or at dhord@douglashord.com

Thursday, June 5, 2008

horny for foreclosures

I was talking to my favorite Realtor (tm) today, and she was frustrated. She's working with a client who insists that they're only interested in buying a foreclosed property.

Now, in markets other than Houston's, that's probably a great strategy. In some sub-markets of Houston, that COULD be a good strategy. But, overall, it's a deeply flawed strategy, and this article will explore the reasons why.

Here in Houston, several years ago, an elderly woman lost her home at the monthly foreclosure auction to the Homeowner's Association for unpaid HOA dues of just over $2100. The winning bidder won the title rights to her home - three bedrooms, nice big lot, garage, good condition - for that pittance.

The point of this isn't that someone got a steal on this poor woman's house. The legislature quickly gathered itself to change the law such that this sort of bargain would not again present itself. The HOA reversed the sale, the woman didn't lose her house, but the event made national news for weeks.

Since that time, the foreclosure auctions in the major Texas cities have been PACKED with out of town "investors," looking to score the same kind of deal that was so heavily bemoaned on the news.

Point #1 - in Houston, the foreclosure auctions are heavily populated with out of area "investors," who find Houston prices to be low by national standards, and who bid up the auction values to near market rate.

As is the case everywhere, Houston has had an accelerated pace of residential foreclosures. So far, we've avoided the big layoffs that have been announced around the country, as employers scale back for the expected ongoing slowdown (which is a self-fulfilling prophecy, if you think about it.) We've had a couple of large, local mortgage employers fold up their tents, but overall our employment is quite stable.

Nevertheless, there are more and more foreclosures on the MLS here in Houston.

Foreclosures are marketed, generally, by private local Realtors who have contracts with some of the large mortgage servicing companies. The properties are secured, trash hauled out, basic yard maintenance done, and then a sign put into the yard and usually, a MLS listing with one quickly taken photo.

The cachet of "foreclosure" does all the marketing for them.

The servicing companies that are the owners of the foreclosed properties have different pricing models, but all operate in a similar manner when offers start to come in - they hold and review offers, sometimes rejecting all offers, and usually during the first 90 days of the marketing period, always reject any offer that is below the listed price.

Offers that are contingent on financing, that ask for repairs, closing cost contributions, home warranty contracts are uniformly rejected.

When your offer is accepted, you have a very short time to close, and you'll bear substantially all of the closing costs. You won't get a property condition disclosure, a lead paint disclosure, or any sort of notice about the condition of the property. You don't even get a warranty deed, you get a special foreclosure deed that only conveys that interest in the property that the foreclosing lender received.

Point #2 - when you successfully buy a foreclosed property, your closing expenses are higher, the property condition is not known to you other than your own inspector's report, and you're buying the deferred maintenance, move out damage, and vacancy damage that the house has incurred.

If you're buying the property to "flip," you are looking for the BBD - bigger, better deal.

Based on points #1 and #2, your basis in the newly acquired foreclosure is higher than you may like, and your costs to improve or rehab the property are a big question mark. Still, let's assume that, based on pre-sale data, you look like you can flip this and make some money.

With the lending/credit crunch, all lenders have taken a hard line on appraisals. A minimum of three comparable sales are required, two of which have to be within a mile and support the proposed sales price. All have to be within the last 90 days.

Your purchase at foreclosure is an excellent comparable sale for what your property is worth.

Your appraiser is going to want hard data on what you've done to increase the property value. Your sweat equity won't count (any more.)

Point #3: Buying a foreclosure to "flip" isn't a sound business model in the Houston market today.

So, I sound like the Boy who cried Wolf - you've, after all, been to a seminar, known a friend who was flipping property like crazy in Florida, and you're just convinced that I'm wrong.

Point #4: People who sell seminars are in the business of selling seminars. People who sell houses are in the business of selling houses, and not in the business of offering advice for free - they get paid when you close on a purchase. There are few resources out there that aren't deeply and personally invested in your concluding a purchase.

If you're looking for an investment property or even a property to live in, step out of the foreclosure box, and set some parameters for yourself. What price range? Flip or hold? What repairs and rehab are you willing to do? What will the market comparables actually support on a lease or resale? Run scenarios for cash flow and after-tax benefit. Assume a 2.5% to 4% annual appreciation for almost any neighborhood.

Once you've done your homework, share the results with your Realtor and let that professional find you a selection of properties that meet your criteria. Don't box them in with the mantra of "find me a foreclosure."

after splitting the sheets, lingering attachments cause trouble

Most folks, when it comes time to split the sheets, go through a predictable set of steps - marriage counselor, divorce lawyer, mediator, judge.

During this time, everyone is focused on dividing the sheets. And the debt, the mortgage, the cars, the house, the kids, and the unresolved anger, emotion, disappointment and communication.

There is one thing uniformly left out of this process - the creditors. Here in Texas, as with any community property state, the debt incurred during the marriage is generally considered to be the joint responsibility of the marital community, regardless of how the debt was incurred. If either spouse has ever had signing privileges, or was involved in the making of a debt, they're each 100% responsible for the entire debt owed. In equity (non-community) states, the rules are only slightly different.

Think about that for a moment - they don't each owe 50%, they each owe 100%.

In the divorce case, there is the name of the one spouse, the name of the other spouse, the names of all the children, if any .. but no where on the top of the divorce suit does it include "Countrywide Home Loans, GMAC, HSBC, Capital One," or "Citibank."

Of course, anyone can see that the creditors aren't on the lawsuit - but no one takes a moment to reflect on that the creditors are NOT affected by the divorce suit.

The divorce decree, crafted after months or years of tears, screaming, swearing and effort divides the debt. Each spouse leaves the marriage with some portion of the marriage community's debt, and the decree may (but likely doesn't) spell out that the debt is to be cleaved away from the other spouse. Armed with the Court's decree, the former spouse starts their "new" life, unaware that there is a time bomb in their credit report - the divorce isn't REALLY over yet.

Some lenders will allow the removal of the former spouse - send us a copy of the divorce decree, and we'll take them off. However, in the event of a default, the creditor hasn't given up the right to pursue the former spouse for their share of the debt incurred prior to the divorce.

On the mortgage, it is the very rare loan that can be modified to remove a spouse who is no longer in title. To get completely free of the financial obligation on that mortgage, the spouse who remains in title has to refinance - create a new loan that fully resolves and pays the old loan.

Bottom line - to free ones self from the marriage financially, not only must the asset accounts be split apart and separated, the debt accounts must also - and the only sure way to do that is to open NEW debt accounts, solely in the name of the spouse who is going to be responsible for that debt, and then pay off fully the debt that was jointly incurred.

When dealing with the credit cards and car loans, it's pretty straight forward - a few online or telephone applications, and a few days later, the new coupon book arrives. With the mortgage, though, the whole lending process must be re-created, and all of the customary fees apply. Title work, escrow, appraisals, credit, income verification, all of it.

Usually, in a divorce decree, a very short period of time is allowed for the departing spouse in title to the property to be made whole - paid out their equity.

One common error that lenders make is that the spouse who is departing in title and taking equity characterizes the entire transaction as a "home equity" loan. It is not.

The divorce decree creates a lien based in owlty (sometimes spelled owelty,) which is the lien to secure payment of that interest someone has in property as they depart title. Even many divorce lawyers are unfamiliar with the owlty concept - as well they could be - even the legal dictionaries are silent on the term.

The best definition I've ever found of owlty is:

The difference which is paid or secured by one coparcener to another, for the purpose of equalizing a partition.


If you're a divorce lawyer, and advising a client on resolving their debt picture after the divorce, try putting them on a track to completion by negotiating refinance/remaking of ALL the marital debt before or at formalization of the divorce decree. If either of the spouses cannot qualify to refinance or remake some portion of the debt, have the property settlement structured to pay that debt off if at all possible.

If you're getting a divorce, ask your lawyer about protecting your interests by having your divorce decree reflect a short time period for each spouse to either fully pay off the marital debt or to fully refinance it with new debt.

If you're a lender, be aware that if one spouse is coming off of title, it's not home equity, but owlty.

In the absence of these protections, a divorced person likely will find themselves uncomfortably challenged years after being "through" with the divorce process, when their credit is affected by ratings or balances associated with debts they thought were long resolved. These late rising concerns can disturb the financial peace of new relationships, interrupt new home or car purchases, and even bring on the necessity of bankruptcy.