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June, 2008: A
Month for Homeowners to Forget
Grassroots Alliance Urges Gasoline Conservation Measures
Floodplain buyout: Maybe it’s time to stop rebuilding
Homeowners, Businesses Support Simplified Home Office
Deduction
Home Buyers' Interest in Foreclosures and Short Sales Growing
Alliance Calls for Elimination of Internet Taxes
Hunker Down Hints for Homeowners
Better Consumer Education Needed, Homeowners Say

June, 2008: A Month for Homeowners to Forget
Bad news on
top of bad news for homeowners; when will we see a
turnaround?
June was a very tough month
for American homeowners. A prominent home valuation index
recorded a decline of more than 15% in the value of homes in
20 major market areas, the steepest in recorded history. By
the end of the month the stock market dropped 20% from
recent highs to the lowest point in two years. Petroleum and
gasoline prices soared to new records, creating an ominous
scenario for low and middle income homeowners who will
depend on home heating oil this winter. And finally,
Congress left town for the July 4 recess without completing
action on the housing recovery bill.
This is about as bad as its
gets for an American homeowner, unless of course you were
one of the many thousands of Midwestern homeowners whose
home was also flooded out in June. With growing signs of a
weakening economy, many are increasingly concerned about job
security, on top of everything else. The key question of
many homeowners at this point is “How much worse can it
get?”
That’s a hard question to
answer. Although home values have dropped dramatically in
some areas, the declines have been relatively modest in most
areas. In a few areas they have remained stable, and lucky
homeowners in a couple markets have actually seen their
homes appreciate in recent years. Two key factors in the
outlook for home values everywhere are the relationship
between home values and income, and the future health of the
local economy. One of the biggest causes of the bubble
burst in home values was that home values appreciated far
faster than peoples’ ability to afford more expensive homes.
For a time, the gap was disguised by mortgage magic tricks,
such as qualifying borrower’s ability to pay based only on
the introductory interest rates, without considering the
much higher rates and monthly payments they would soon face.
Mortgage lenders also made loans based on unverified
incomes. These ”stated income” loans often came to be known
as “liars loans” for obvious reasons.
The deflation in home values
in many areas is mostly a process of realigning home prices
with the amount buyers in those markets can afford. In some
cases, home prices are probably close to the bottom. If the
inventory of unsold homes in your area has leveled out or is
beginning to decline, that’s probably the case. If the
inventory continues to grow, there’s probably going to be
more declines in value.
There are other unknowns as
well. The economy is beginning to show signs of weakness.
Indeed, housing foreclosures are a large part of the reason
that the financial sector is currently challenged. Further
drops will only aggravate that challenge. A significant
increase in unemployment and other measures of economic
slowdown will not help the housing recovery.
On the bright side, pending
housing rescue legislation will probably help. While the
Senate failed to act on the legislation before the July 4
recess, we expect that Congress will pass the legislation
sometime this summer. The content of the final measure is
still a question mark, but in the weakest form it will help
some and at best may be able to blunt significant further
declines in many hard-hit markets.
There may well be further
losses in the stock market, but as a result of recent losses
many securities are currently trading within ranges their
performance historically supports in an “average” economy.
Here, the unknown is also the economy. If the economy
doesn’t weaken further, the stock market may hold up. If the
country falls into a recession, further stock market drops
are likely.
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Grassroots Alliance Urges Gasoline Conservation Measures
AHGA urges
the Senate Energy Committee Chairman to enact immediate gas
conservation measures.
In a meeting with the Chief
of Staff of Senate Energy Committee Chairman Jeff Bingaman,
American Homeowners Grassroots Alliance (AHGA) President
urged the Chairman to consider tightly focused solutions to
immediately reduce U.S. petroleum consumption. Chairman
Bingaman has led the Committee’s efforts in developing a
thoughtful and comprehensive U.S. energy policy that
balances both environmental and economic goals.
While AHGA supports Senator
Bingaman’s efforts in resolving the many complicated and
challenging issues involved in developing a balanced energy
policy, the recent spike in petroleum prices has created
serious financial challenges for American homeowners and
other consumers. They will become particularly acute this
coming winter, when staggering increases in home heating oil
will pose a tremendous challenge for low and moderate income
homeowners.
AHGA believes that there are
a number of steps that could be taken immediately to reduce
current demand for gasoline and other petroleum products. We
should implement those solutions now, while continuing the
important effort to develop a comprehensive long term energy
policy. Reducing demand is the best way to reduce gas prices
and has substantial additional environmental benefits, the
AHGA President told Stephen Ward, Senator Bingaman’s Chief
of Staff.
The best way of reducing gas
consumption is by not driving. Congress has previously
passed legislation encouraging federal agencies to support
telecommuting, and as a result 7% of federal workers now
telecommute at least once a month. New legislation expanding
those incentives has passed the House this year and is
pending in the U.S. Senate. We also need to create similar
incentives to encourage private employers to support
teleworking. Congress provided tax credits of up to $2,000
for the purchase of hybrid vehicles for example, so why not
offer similar tax credits for workers or employers towards
the expenses of setting up home offices to make
telecommuting possible? Telecommuting is not possible for
manufacturing workers, but manufacturers could help their
workers reduce gas consumption, and save on their own energy
costs, by shifting from five day, eight hour work weeks to
four day, ten hour work weeks. Congressional hearings could
help identify cost effective ways to achieve these worthy
goals.
These are but a few
approaches that could reduce U.S. gasoline consumption in
the short term. No doubt there are other good ideas as well.
If Congress acts fast, it is possible that we could reduce
petroleum demand enough to welcome falling gasoline and home
heating oil prices by the end of this year.
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Floodplain buyout: Maybe it’s time to stop rebuilding
Rural land
expert Curtis
Seltzer offers some thoughtful alternatives.
“My heart -- that
mean-spirited little pump I keep around for “Casablanca” and
odd emotional assignments -- hurts for the Midwest folks who
have been wiped out by flooding, once again.
Three to four
million acres were under water. About 2 million acres will
not be planted. Twenty-four lives have been lost; property
in the billions has been damaged or destroyed.
The full economic
impact will come into focus several years from now when all
the damage, lost wages and lost sales are tallied against
the money coming in from disaster aid and dollars spent
rebuilding
In 1993, Midwest
flood damage came to $23 billion. Its tough getting kicked
in the teeth again and again.
My little valley
below Snowy Mountain has cleaned up after three 100-year
floods during the last 25 years. In the upper Potomac River
watershed, we, too, have lost lives and homes.
I know what it is
to wade through belt-deep, flowing water at 3 am on a
moonless November night during a lightning storm with a rope
tied to a fence post to get two 60-year-old trapped
neighbors up to dry ground.
I like the
stubbornness and the courage of people who rise from the
floor. But I’ve stopped liking the idea of putting things
back as they were in exactly the same
vulnerable…stupid…place.
I started feeling
this way as I watched people in the counties around mine
rebuild in their floodplains. Then I listened to the gutsy
“We’ll-be-back promises” from New Orleans—a city below sea
level, now guarded by rebuilt levees that will predictably
fail as sure as wind blows and water rises.
Some blame global
warming for abnormally heavy rainfall; others don’t.
Some argue that our
own activities -- eliminating water-absorbing wetlands,
channeling rivers, reducing the absorptive capacity of
cropland by installing drainage tiles, reducing forestland
buffers -- contribute to flooding’s severity and
destructiveness.
My point is
different. While we can’t prevent big rains and flooding, we
can minimize the damage.
We can certainly do
more traditional flood-control of the type we’ve been
doing—digging deeper channels, building higher and better
levees, rebuilding in the same place with insurance money.
While this approach is familiar, it concedes that most
levees will break or be breached eventually.
Here’s a
damage-control alternative that might be cheaper and work
better: Let it flood where we want, not where it wants.
Instead of trying
to keep flooding within narrow river channels, let some of
it spread over designated release areas in floodplains.
These acres, for
the most part, are now in private hands, used primarily as
cropland with farmhouses and agricultural structures.
Floodplain could be
dedicated to flood control in two ways. The federal
government could purchase it in fee or buy a permanent
conservation easement, or private landowners could donate it
in fee or as a conservation easement for tax benefits.
Some designated
flood areas would be returned to permanent wetlands; the
rest would be rented for agricultural use, thus repaying the
buy-out program over time.
Floodwaters would
release themselves (where levees are lower) onto dedicated
floodplain all along the river system. Spreading the flood,
which is what happens anyway when levees fail, reduces its
speed and power. Spread rivers in flood don’t crest as high
as channeled rivers. Spreading would protect river-front
cities and towns.
The way it works
now, each levee that breaks allows flood water to spread
willy-nilly, ruining buildings and farmland. By establishing
release zones all along the waterway, flood impacts could be
controlled and property damage minimized.
Residents would
assume all risk of occupancy and structures in release
zones. Federal flood-insurance would not be available.
Private dykes could be built around buildings, but the land
would be open to floodwaters.
Public policy would
tilt toward encouraging people to move but continuing to use
much of the land for agriculture.
If floodplain
residents insist on staying in a release zone, they would
forfeit assistance relief and subsidized insurance that now
encourages them to do so.
If the government
bought 4 million acres along the Mississippi River system
for release zones at $3,000 per acre, the total cost would
be $12 billion. Double that to cover buildings, and you get
$24 billion, which is $1 billion less than the cost of the
1993 flood.
Floodplain buyout
programs now operate in many states, but on a very small
scale. Structures are bought and demolished in floodways,
the most dangerous part of the floodplain. Open space and
wetlands remain. Funding comes from local, state and federal
sources, such as the USDA’s Natural Resources Conservation
Service and through HUD’s Community Development Block Grant
program.
Many will oppose
this idea. People don’t like to change or move; I’m one of
them.
But doing what
we’re doing succeeds only when flooding cooperates. Building
levees that will fail only increases the eventual costs of
these failures. Rebuilding levees in New Orleans to
pre-Katrina standards won’t protect the city from the next
Katrina.
Rather than stand
futilely against the flood, might we do better escorting it
to areas of our choosing? Could that save us money and spare
our hearts?”
Curtis Seltzer is a land
consultant from Bluegrass, Virginia who works with rural land
buyers. He is author of How To Be a DIRT-SMART Buyer of
Country Property. His columns and more background on his
services are available at
www.curtis-seltzer.com.
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Homeowners, Businesses Support Simplified Home Office
Deduction
AHGA and
others urge
House of
Representatives
to pass home office deduction legislation.
A coalition
including the
American Homeowners Grassroots Alliance and associations
representing most of the small business community has urged
Congress to pass legislation
to simplify home office tax deductions.
The bill would create a $1,500
standard home office deduction option and do away with
numerous complex tests to qualify. Joining AHGA in signing a
letter sent to all 435 Representatives were the National
Federation of Independent Business, the U.S. Chamber of
Commerce, the National Association for the Self-Employed,
the National Small Business Association, and the Associated
Builders & Contractors, Inc.
The June 26
letter asked legislators to support the Home Office
Deduction Simplification Act of 2008 (H.R. 6214). The bill
will greatly simplify tax preparation for our nation’s
home-based entrepreneurs and facilitate their use of the
home office deduction, a critical tax benefit. Home-based
businesses are a vital segment of our nation’s economy.
According to research commissioned by the Small Business
Administration’s Office of Advocacy, home-based businesses
represent 52 percent of all firms in our economy.
The
concerns that
homeowner entrepreneurs have voiced about the home office
deduction are familiar and valid: the forms and instructions
are too complicated, the paperwork requires too much
recordkeeping and the time required to complete the forms is
excessive. In addition, there is a substantial fear that
claiming the deduction will trigger an IRS audit. All of
these obstacles cause many home-based business owners to
skip the home office deduction, even though they are
entitled to it.
The creation of
a $1,500 standard home office deduction option would help
home-based businesses create jobs and generate economic
growth, which should be a priority for our nations’
legislators.
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Home Buyers' Interest in Foreclosures and Short Sales Growing
They may
look enticing, but are sometimes an illusion, other times
just a challenge.
A number of
recent surveys have shown an upturn in interest among
potential home buyers. This is certainly a positive sign,
but the assumptions of some of them may be based on
misleading information (or misreading information). Many
believe that we are at or near the bottom of the market, and
in many areas that is probably correct. Many also believe
that super bargains are everywhere – desperate lenders are
willing to sell homes they’ve foreclosed on way below
current depressed market values, and they are willing to
take equally large losses on the sale of homes still
occupied by their borrowers.
Unfortunately,
such bargains are not easy to find. While public auctions
are growing in popularity, almost all real estate offered at
auctions is sold with reserve prices set by the seller (in
many of those auctions most of the sellers are lenders, and
most of the properties are foreclosures). If the high bid
doesn’t reach the seller’s minimum, there is no sale. In
most cases, the lenders have a good sense of current market
values, and like any seller, they still want to maximize the
selling price. In many of those auctions the vast majority –
often over 90% - are not sold. Those that aren’t are
typically listed with a real estate broker and put back on
the market (where they probably were before the auction as
well).
Some of the
homes that do sell at auction may seem to be good deals, but
that isn’t necessarily the case. Many foreclosed homes have
been damaged or vandalized, and the cost of correcting the
problems can be more than the savings. This is one reason
home buyers should not buy a foreclosed home without a home
inspection by a certified home inspector.
Another avenue
some home buyers think is the sure way to a great bargain is
through “short sales.” In a short sale, a homeowner who is
behind on his payments gets the permission of the lender to
sell the home for an agreed upon amount less than the
mortgage balance. The lender, in turn, agrees to forgive the
balance owed by the homeowner. The plus for the lender is
avoiding the time and expense of a foreclosure, and the risk
of vandalism to an unoccupied home. The homeowner avoids the
credit damage that results from a foreclosure.
Usually a
listing for a short sale will include language indicating
that offers are subject to the approval of the current
lender. There are several challenges with short sales. An
offer of less than the full asking price is often met with
bureaucratic delays in responses from the lender, and
lenders are not always as willing to negotiate on price
and/or terms as some optimistic buyers believed they
would/should be.
In some cases it
is the sellers who are the optimists. They’ve not discussed
the possibility of a short sale with their lender in
advance. They simply put the home up for sale, bring an
offer to the lender and hope the lender will accept it. That
almost certainly won’t happen in any case unless the current
owner is significantly arrears in their mortgage payments.
Lenders usually see no reason to accept such offers if the
mortgage payments are still being made, and they will also
want to review the current homeowners’ existing financial
resources to make sure they don’t have any before agreeing
to a short sale.
The bottom line
is that home buyers shouldn’t assume that foreclosure
auctions and/or short sales are always the path to the best
deal. When there is a glut of homes on the market there will
be other sellers willing to be very flexible on pricing and
terms, usually for a variety of reasons related to
necessity. Home buyers shouldn’t put their eggs into one
basket, especially one which can eat up a lot of time with
relatively small likelihood of an optimal outcome.
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Alliance Calls for Elimination of Internet Taxes
Ending the tax
would help the economy and the Environment.
In testimony
submitted on June 24 to the
House Judiciary Commercial
and Administrative Law Subcommittee,
the American Homeowners Grassroots Alliance (AHGA) called
for an end to unfair business activity taxes and
Internet sales taxes. AHGA
is a nonpartisan consumer advocacy
organization which focuses on policy issues that have a
significant economic impact on the nation’s 75 million
homeowners.
Nexus is the key
issue related to the application of business
activity taxes,
as well as the obligation of Internet-based businesses to
provide state and local sales tax collection services for
the approximately 7,000 state and local taxing authorities
outside of those businesses’ home jurisdictions.
Historically a nexus has been defined as a physical
presence, i.e. a physical facility such as a headquarters,
warehouse, sales office etc.
Both business
activity taxes and Internet sales taxes impact homeowners
and other consumers. Business activity taxes are inevitably
passed on to consumers, and consumers are obligated to pay
state and local sales taxes directly unless those sales
taxes are collected by a company with a nexus in the
consumer’s state and local jurisdiction. Among those
companies are a growing number of home-based businesses,
which now number 18 million, according to U.S. Census
figures. For these reasons, AHGA expressed its support for
H.R. 5267, the Business Activity Tax Simplification Act of
2008 (“BATSA”), which would clarify the constitutional
requirement for a physical presence nexus standard governing
state assessment of corporate income taxes and comparable
taxes on a business. It would set a universal fair standard
for defining a nexus, and it addresses the
question of whether digital commerce, Internet use, the
movement of intangible goods and software, and similar
activities would create physical presence in a state.
A growing share of
home-based and other micro businesses are Internet-centric.
Although they sell their products and services across the
country, very few have a physical presence anywhere except
their home jurisdiction. They face two nexus related
challenges.
The first challenge relates to the
trend of state and local governments in other jurisdictions
imposing business activity taxes on them based on new
“economic nexus” concepts, even though they have no physical
presence in the taxing jurisdiction. As a result they are
effectively being forced to help underwrite a state
infrastructure that they place no burden on and do not
receive any benefit from. The second challenge are the
efforts of state and local governments
to get Congress to pass a
Streamlined Sales Tax Initiative that would require Internet
vendors to provide state and local sales tax services for
the approximately 7,000 state and local taxing authorities.
In the latter case, rather than trying to redefine nexus,
the states seek an end run around the concept.
Neither businesses nor
consumers favor the new “economic nexus” approaches to
expanding business activity tax liability or Internet sales
tax collection responsibility. In fact, according
to a 2008 Parade Magazine survey of 3,125 readers, 85% of
consumers oppose taxes on Internet sales. Consumers do not
want any state and local sales taxes imposed on their
Internet purchases, and they do not want those purchases to
be taxed indirectly through the imposition of business
activity taxes on their
Internet suppliers. It is logical that they would also not
want to pay more for products from out of state non-Internet
suppliers of goods and services through the imposition of
unjustified business access charges. State and local
government officials who wish to reflect the will of their
constituents should be supporting a permanent sales tax
holiday on Internet commerce as well as ways to reduce
business taxes on Internet companies.
Restricting the
expansion of business
activity
tax liability,
and prohibiting state and local governments from imposing
sales tax collection responsibilities on businesses outside
of their jurisdictions,
is also sound tax policy. An unjustified new business
activity tax raises the costs of those products to consumers
and reduces the international competitiveness of U.S.
companies. These taxes also violate the U.S.
Constitution by unduly burdening the free flow of interstate
commerce.
Encouraging Internet
commerce is also sound environmental and economic policy. A
drive to the mall generates greenhouse gasses, contributes
to traffic congestion, and creates wear and tear on the
transportation infrastructure. A consumer who uses Internet
commerce to eliminate as little as 1,000 miles annually in
driving to stores reduces CO2 emissions by about 1,000 lbs a
year and saves about $200 in gas expenses. A click of the
mouse therefore reduces the demand for gas, helping to keep
gas prices down while also saving state and local
governments on transportation infrastructure maintenance
costs. The mail carriers and FedEx, UPS or vendors’ trucks
delivering your orders will be coming down your street
anyway, so Internet commerce does not create any additional
costs or adverse consequences.
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Hunker
Down Hints for Homeowners 
These aren’t the
happiest of times for many homeowners, but there’s ways to
make lemonade out of lemons.
Lots of homeowners feel trapped these days. Many
would like to move up to a nicer home. Unfortunately their
mortgage balance exceeds their savings. If they use their
savings to pay off their mortgage, then they won’t have
money for a down payment on a move-up home. With the
economic outlook increasingly uncertain and gasoline prices
at all time highs, many are also reluctant to take vacations
this year.
This may sound like a depressing scenario, but for many of
them it’s an opportunity for cost-effective improvements to
their home and their lifestyle. American homeowners spend
more on remodeling than they do on existing homes. A big
part of the reason has to do with math. The transaction
costs associated with selling your home and buying another
are often 10% or more of a homes value (think about it –
there’s a sales commission, typically 6%, points on a
mortgage, a long list of settlement and other costs
associated with both transactions). That money is gone,
never to accrue to their savings or net worth.
Take the same amount and invest it in remodeling your
current home, and for many projects you’ll recover most of
the investment when you eventually sell it. The best returns
on investments are kitchen and bath upgrades. For average
returns, go to
2004 Cost vs. Value Report . If you’re not going
on vacation this summer, you can put that time to good use
and your home’s value will increase by more than the cost of
the project. Some of the finish type work – painting, wood
trim, etc. – is pretty easy to do and reduces remodeling
project’s cost by thousands of dollars. Some costs that
improve energy efficiency (insulation, some high efficiency
appliances/HVAC, etc.) may be eligible for federal and/or
state tax credits, further reducing the cost of the project,
not to mention your home’s future energy bills.
There is one important caveat with home remodeling projects.
The most frequent category of complaint received by the
American Homeowners Foundation (AHF), and in many years by
the Better Business Bureau, is complaints about remodeling
contractors. Disputes more often arise not over the specific
terms of a formal contract, but rather over issues not
addressed either verbally or in writing. “It’s amazing the
number of major remodeling agreements that are based only on
a one page bid sheet or a handshake,” according to AHF
President Bruce Hahn. “No one or two page document can
cover all elements of a good agreement or prevent most of
the potential problems.”
To help reduce disputes and improve relationships between
remodelers and homeowners, the Foundation has developed a
comprehensive eight page Remodeling Contract. Homeowners,
remodelers, architects, and attorneys all provided input
into its development. “Its greatest value is that it helps
both parties focus on their responsibilities in advance,”
according to Mr. Hahn. “That’s the time to ask questions
and make sure the understanding of all parties is the
same.” The remodeling contract also contains two pages of
general provisions designed to provide fair and equitable
treatment to all parties. Among them are independant
alternative dispute resolution procedures designed to reduce
the incidence of lawsuits. The Remodeling Contract is
written in plain English because AHF believes mutual
understanding is the best way to prevent disputes.
Appropriate for all major remodeling projects, the contract
has space for:
Payment schedule, by task
Description of the work to be done
Timetable for completion
Special instructions and provisions
AHF's Remodeling Contract is available as an electronic
computer document. Emailed contracts are available in both
MS Word format and text format, and each emailed contract is
fully customizable. To order yours today, click on
Home Remodeling Contract.
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Better Consumer Education Needed, Homeowners Say
AHGA
urges HUD to tighten its proposed RESPA Regs.
The American Homeowners Grassroots Alliance has urged the
Department of Housing and Urban Development (HUD) to tighten
up regulations that impact mortgage lending. Draft
improvements in the regulations, authorized by the Real
Estate Settlement Procedures Act (RESPA), have been under
review for several years.
The fact that between five and six million American
homeowners are currently at risk of foreclosure makes it
clear that a large share of homeowners lacked full awareness
of the types of risks of certain categories of mortgages
before agreeing to their terms. The heartbreaking stories
that AHGA has heard revealed that many of them didn’t fully
understand the potential of many mortgage terms to cause
problems in the future, and many claim to have been unaware
of those provisions at all. Better consumer education is a
significant part of the solution to the recurrence of the
current housing crisis, and changes to current RESPA
regulations are a critical component to that solution.
The Department of Housing and Urban Development’s proposed
changes to RESPA regulations are constructive, and AHGA
encouraged HUD to strengthen the proposal. Timely,
consistent, and clearer disclosures of all important factors
that affect mortgage financing decisions are needed. The
magnitude of the current housing crisis and its tragic
impact on the personal lives of millions of American
homeowners, and the entire economy, argues for rules that
place far more weight on assuring full consumer
understanding of mortgage terms. This is more important than
preventing minor additional paperwork and inconvenience for
companies that play various roles in the mortgage financing
process.
AHGA urged HUD to require disclosure of the Annual
Percentage Rate (APR) on the Good Faith Estimate (GFE),
which is provided to home buyers in advance of the borrowers
commitment to the loan. HUD should prohibit charges for
providing the GFE, and make a number of other changes to
protect American homeowners and the American economy in the
future. Timely, consistent and clearer disclosures will
reduce the frequency of poor financial decisions by
consumers, many of whom lack the sophistication to “read
between the lines”. Consumers will benefit from clarity and
reinforcement regarding elements of mortgage obligations
that could create future risks. Disclosures will reduce
deception by making it harder for lenders or brokers to skip
over or minimize the significance of important terms and
conditions, and may lower mortgage costs by fostering more
competition.
Requiring GFE disclosure of loan prepayment penalties,
balloon payment requirements, monthly escrows, and the terms
determining whether the interest rate and monthly payments
can rise (and, if so, by how much) is very important and
should be highlighted in the document. The estimate for
charges for settlement services should be made binding for
30 business days from the delivery of the GFE, to allow
consumers more time for comparison shopping.
The current requirement that lenders provide names and
contact information for any service provider that the lender
requires borrowers to use should be maintained. This
information enables diligent borrowers to research those
service providers and base their decisions in part on the
record and reputation of those companies. HUD should retain
the proposed restriction against allowing a lender to
increase the service charges between application and
settlement. Similarly, the proposed10% cap on increases in
estimated total charges of services required by lenders,
title services of companies identified by the lender, and
optional owner’s title insurance of companies identified by
the lender, should be maintained to prevent fee gouging. In
addition, all anticipated referral fees and/or gifts to
lenders or mortgage brokers greater than $25 in value can
affect the objectivity of a lender or broker. They should be
broken out and shown as a separate line item called
“additional compensation to lender/mortgage broker” on all
appropriate federal forms.
Many borrowers are unaware of tax, hazard, and/or private
mortgage insurance obligations prior to applying for a
mortgage. These items should be identified for borrowers in
the first meeting with lenders or mortgage brokers and in
all relevant documents, disclosures and scripts. Many
borrowers also incorrectly assume that mortgage lenders or
brokers owe them a fiduciary duty, as real estate
agents/real estate brokers do in most states. To prevent
such misunderstandings in the future, language should be
inserted in GFEs and all other relevant documents to the
effect that “Mortgage lenders or brokers have no legal
obligation to provide borrowers the lowest interest rates
and/or best terms, and borrowers should always seek
proposals from more than one source to increase the
likelihood of getting the lowest interest rates and best
terms.”
AHGA also recommended that HUD pursue additional regulatory
initiatives in addition to the reform of RESPA procedures.
Federal competition agencies have pursued a number of
antitrust actions aimed at violations by real estate service
organization institutions, including the National
Association of Realtors, state real estate trade
associations, and Multiple Listing Services (MLSs). The
Justice Department’s Antitrust Division and the Federal
Trade Commission have sought to stop the efforts of those
institutions to implement practices, such as prohibiting
American homeowners from receiving real estate commission
rebates and preventing their real estate listings from
appearing on MLS websites and/or the public websites of MLS
members.
Other trends in real estate service practices, industry
regulations, and/or state laws that have proven injurious to
American homeowners include the practice of dual agency and
the erosion of the fiduciary responsibilities of real estate
agents and brokers.
Dual agency inherently creates conflicts with fiduciary
obligations and both are among the most frequent issues in
lawsuits against real estate brokers and agents by
homeowners. Affiliated Business Arrangements in the real
estate services sector have created conflicts of interest
that are against the best interests of American homeowners.
Disclosure requirements in that area must be strengthened at
minimum.
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Please take the time to contact your legislators and
express your views on the policy issues covered in
this month’s Home Base. It's easy - you can reach
your legislators by email in a couple of mouse
clicks, and you can use the content in Home Base and
elsewhere on our website to help you develop your
message. To look up the phone number, email, and/or
postal address of your U.S. Representative or your
two U.S. Senators, (or your state representative or
state senator)
click here. The site can look them up by zip
code for you if you don’t recall their names.
Many legislators are also happy to meet personally
with their constituents when they are back home on
weekends or when Congress is not in session.
Congress is not in session the week of June 30 –
July 6, so this week is a good time to try to meet
with them at home. A personal meeting is a
particularly effective way to get their attention
and reinforce your message, so please consider also
requesting a follow up face-to-face meeting in their
home state or home district offices near you when
you contact them on policy issues. In particular
this is a very good time to encourage your U.S.
Senators to vote for the housing rescue package when
they return to Washington D.C. on July 7.
Is there a policy issue that is particularly
important to you which significantly impacts
homeowners or home ownership? Any member may propose
a position on a policy issue, so please check the
American Homeowners Grassroots Alliance's 2008
Issue Guide to see whether it’s already on our
list. If it isn't on the list, we invite you to send
us an email and tell us why you think the American
Homeowners Grassroots Alliance should take a
position and work on it.
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