July 2008

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Home Base
A publication of the American Homeowners Grassroots Alliance and the American Homeowners Foundation   www.americanhomeowners.org

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July 2008      


In this issue of Home Base:

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.

 

Copyright 2008, American Homeowners Foundation and the American Homeowners Grassroots Alliance.