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Home Base

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


July, 2009



In this issue of Home Base:

Administration Proposes Major Financial System Overhaul
Free Home Buyers Guide Available
Homeowners Call for Universal Broadband Access
Half of Americans No Longer View Home Ownership as a Wealth Builder
Home Buyers Tax Credit May Be Expanded
What makes land valuable?
EPA to Issue New Home Energy Efficiency Standards


Administration Proposes Major Financial System Overhaul

We would like to see it broadened.

On June 17, President Obama introduced his plan to reform financial regulations. He argued that the government must prevent a "culture of irresponsibility" that includes banks and borrowers from causing another economic meltdown in the future. Industry groups oppose many of the particulars of the plan, and the debate is likely to continue through the balance of this year.

The Administration is proposing the creation of a consumer finance protection agency, expanded regulatory powers for the Federal Reserve to regulate large firms and critical markets, a new "fiduciary" standard for securities brokers that would make it easier for consumers to sue for their failure to put their client’s interests ahead of their own, and a council of regulators to advise the Federal Reserve. Hedge funds and other private capital pools would have to register with the Securities and Exchange Commission. Financial institutions would have to increase their capital reserves. To discourage the creation of toxic financial products, their creators would have to retain some of the credit risk for loans they package into securities and sell to investors.

Financial services firms oppose the creation of a new Agency with broad powers to protect borrowers from unethical financial services practices by securities firms, mortgage lenders, investment banks, insurance companies, and credit card companies. The new Agency would seek to develop a simple, clear, concise and comprehensive federal mortgage disclosure form. Successful lobbying efforts by mortgage lenders and real estate brokers have frustrated the efforts of HUD to achieve similar objectives, so it is time to let another agency give it a try. The American Homeowners Grassroots Alliance (AHGA) believes that the scope of oversight should also be expanded to cover real estate brokerage services. The Federal Trade Commission and the Justice Department’s Antitrust Division have done a commendable job of intervening on homeowner’s behalf when competition laws have been violated, and they should continue their responsibility in that area. Many practices outside of FTC and DoJ’s scope of authority are also injuring both home buyers and home sellers, and these should be regulated by the new consumer finance protection agency.

AHGA believes that the proposed new "fiduciary" standard for securities brokers should be extended to mortgage lenders and brokers, as well as real estate brokers. The latter have traditionally owed a fiduciary duty to home buyers and sellers but some states have watered down those responsibilities. For example, as a result of some state dual agency laws, a real estate agent may withdraw key fiduciary responsibilities such as assisting in negotiations so the agent can get a commission from both sides of the transaction while assisting neither party in the negotiations.

Ironically, there is more opposition to vesting additional powers in the Federal Reserve from some legislators sympathetic to consumers than there are from financial services firms. The chief argument against vesting more powers in the Federal Reserve is that it did not use its existing powers effectively to stop the current meltdown. While consolidating oversight responsibilities from the many agencies could certainly improve regulatory coordination, giving the Federal Reserve new powers will not by itself guarantee a more effective response in the future.

The American Homeowners Grassroots Alliance believes that financial services firms caused the problems we now face. Financially naïve, irresponsible, and crooked borrowers have always existed. Effective loan underwriting is necessary to protect the stockholders of financial services firms, the economy, and many consumers from themselves. Until recent years mortgage lenders practiced responsible underwriting. It was their abandonment of sound underwriting practices that caused the problem.

Presently there is nothing but the current weak economy and the short memory span of financial services leaders to prevent the crisis from occurring again in the future. We have to address ways to assure that regulators, in whatever way the enforcement is structured, carry out their responsibilities to assure lenders employ sound underwriting practices in the future. We also need to create mechanisms to guard against the risks of regulatory capture, whether the powers are concentrated in one or many agencies. The Administration's proposal is a good start that House Financial Services Committee Chairman Barney Frank (D-MA) and Senate Banking Committee Chairman Christopher J. Dodd (D-CT) should refine and push through Congress this year.

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 Free Home Buyers Guide Available

Home buyers need to understand the complexities of buyer representation.

The American Homeowners Foundation (AHF) has published a free guide to help home buyers avoid the many traps related to buyer representation. These traps have lead to countless numbers of lawsuits, and caused many home buyers to pay thousands of dollars more than necessary. AHF has been warning home buyers about them for many years in its books and newsletters. According to AHF and the National Association of REALTORS© (NAR), the problem is getting worse. The Foundation has compiled “The Home Buyers Guide to Real Estate Representation”, which it is providing free as a public service to American home buyers.

The process of buying a home has gotten far more complex over the years. One area that has become very complicated is buyer representation. Most home buyers deal with real estate agents and brokers in the course of their home purchase. Depending on the real estate agent and broker’s business model and the nature of the home buyers’ agreements, if any, with a real estate agent or broker, the agent and brokerage may be 100% on the buyer’s side, 100% on the seller’s side, somewhere in between, or a knowledgeable but largely disinterested third party. 

Different types of buyer agency business models have proliferated in recent years. They range from exclusive buyer agency, which provides full buyer representation, to many variations of dual agency, under which home buyers may be denied assistance in negotiating the lowest price and best terms. The alternatives available to home buyers in terms of buyer agency business models can have a major impact on the cost of a home. The problem is compounded by widespread noncompliance with state laws requiring that real estate agents and brokers make it clear who they actually represent, and what services they may or may not provide.  

Today, many home buyers falsely believe that their real estate agent is helping them to negotiate the lowest price and most favorable terms, but in fact their real estate agent and brokerage may not be, and may be helping the seller get the highest price. According to NAR’s 2007 Profile of Home Buyers and Sellers, nearly half of home buyers wrote contract offers to purchase homes without ever having been told by their agent that they were not helping the buyer negotiate the lowest price and most favorable terms.  

To make an informed decision in selecting a real estate agent to work with, home buyers need to know in advance exactly what representation they will or will not be receiving from a real estate agent and brokerage. To help them, The Home Buyers Guide to Real Estate Representation includes a questionnaire home buyers can use to find that out, as well as obtain other background information that will help them pick the most qualified real estate agent. Home buyers can receive a free digital copy by sending an email to AHF@AmericanHomeowners.org and typing “Free Home Buyers Guide” in the subject line. They can receive a free printed copy by mailing a stamped self addressed envelope with 3 ounces of affixed postage (78 cents) to: AHF Free Home Buyers Guide, 6776 Little Falls Rd., Arlington, VA 22213.

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Homeowners Call for Universal Broadband Access

Broadband is an increasingly important tool for American homeowners.

The Federal Communications Commission is developing a National Broadband Plan to make broadband Internet access available to every home in America. We think that's a great idea. Broadband is increasingly the delivery mechanism for many critical services and applications, including teleworking and healthcare. According to IDC, a national research firm, and U.S. Census figures, 18 million of the 34 - 36 million home office households are home-based businesses, and the rest telecommute to their regular job at least one day a week. Those teleworkers are helping the environment by reducing automotive pollution and rush hour traffic jams, which results in a reduced demand for gasoline and transportation infrastructure maintenance costs.

Broadband will be increasingly important in the medical field. Wearable medical monitoring devices now under development will enable millions of chronically ill homeowners to remain in their homes while their health is remotely monitored 24/7. This will save them, health insurers, and taxpayers billions of dollars compared to the cost of nursing homes or other medical facilities.

There are several key issues around broadband deployment; how to prioritize deployment to the unserved versus the underserved, and how to define broadband in terms of speed? AHGA believes that the unserved should get the highest priority. Broadband isn't available in many rural and other areas, and those homeowners are deprived of these and many other broadband applications as a result. The FCC has sought the suggestions on how to shape the plan. The American Homeowners Grassroots Alliance made these suggestions on how to maximize the effectiveness of FCC's National Broadband Plan in our June 8 filing with the FCC.

High adoption rates where broadband is available show that there is an effective cost-benefit relationship relative to current broadband costs for most consumers. A combination of subsidies and education can be used to expand adoption among the economically disadvantaged where broadband currently is available.

While high broadband speeds are also clearly the most desirable, we should not hamstring federal agencies from deploying slightly slower alternatives when economic circumstances show that this is a cost-effective interim solution.

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Half of Americans No Longer View Home Ownership as a Wealth Builder

This is something we should all be concerned about.

The National Foundation for Credit Counseling (NFCC) has released the results of a recent housing survey which revealed that almost half of all American adults, more than 100 million people, no longer believe that home ownership is a realistic way to build wealth. This is counter to the long-held belief that buying a home and building equity should be a major component of a person’s financial strategy.

Other findings from the survey were equally reflective of this new attitude toward homeownership:

Almost one-third of those surveyed, or roughly 72 million people, do not think they will ever be able to afford to buy a home;

Forty-two percent of those who once purchased a home, but no longer own it, do not think they’ll ever be able to afford to buy another one;

Of those who still own a home, 31 percent do not think they’ll ever be able to buy another home (upgrade existing home, buy a vacation home, etc.); and

Seventy-four percent of those who have never purchased a home felt that they could benefit from first-time homebuyer education from a professional.

“The lack of confidence in consumers’ ability to buy a home, improve their current housing situation, or trust homeownership to provide a significant portion of their wealth sends a strong message about the impact of the housing crisis. It appears that whether a person was directly affected or not, Americans’ attitudes toward homeownership have shifted,” said Gail Cunningham, spokesperson for the NFCC. “The good news from the survey is that people now seem to grasp that buying a home is a complicated process and admit that they would benefit from education in advance of signing on the dotted line.”

The American Homeowners Foundation believes that with the exception of more widespread recognition of the complexity of buying a home, these results are truly disturbing. “Home equity has long been recognized as the single largest source of savings for most homeowners,” according to Foundation President Bruce Hahn. “Past generations typically paid off their mortgage and retired in their home, or sold it and bought a retirement home for cash. With no monthly mortgage payments, they could have a comfortable lifestyle on a modest pension and their monthly social security check. With pensions largely a thing of the past, and more consumers now wary of the long term benefits of home equity appreciation, this bodes poorly for future retirees.

Consumers should recognize that the current housing crisis, as bad as it is, is still only temporary. Home values also took a beating during the great depression, but their values came back. Many homeowners of the Depression generation that stayed the course were still able to pay off their homes and enjoy a middle class retirement. Today’s consumers should follow their example, but they need to be vigilant against unsuitable home financing packages that unethical mortgage lenders or brokers might try to lead them into.

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Home Buyers Tax Credit May Be Expanded

The tax credit seems to be helping, but some wonder if it will be enough.

The existing $8,000 first time buyers federal tax credit on home purchases seems to be stimulating home sales according to many anecdotal reports. The tax credit has been used by an estimated 1.4 million home buyers, but there is no hard data measuring how many of those purchases would not have occurred without the credit. Regardless of its real impact, home prices continue to drop and foreclosures continue to increase in many parts of the country. The current tax credit may need to be expanded in order to put the brakes on further drops in home values.

Senator Johnny Isakson (R – GA) has proposed legislation (S. 1230) that would raise the tax credit cap to $15,000, make it available to all home buyers, and eliminate the $75,000/individual and $150,000/couple income eligibility caps on the existing tax credit. Like the existing credit, the credit rate would be 10% of the home’s cost. It would become effective for one year on the date of enactment, effectively extending the existing tax credit beyond its November 30, 2009 expiration. Senator Isakson had successfully sponsored a similar amendment to the Senate economic stimulus package earlier this year, but it was dropped in negotiations with House conferees.

Senate Banking Committee Chairman Chris Dodd (D-CT) was among the nine sponsors of the measure. While Senator Dodd is influential on housing matters, the legislation must go before the Senate Finance Committee for consideration. Hearings on the measure have not been scheduled.

“We support this important legislation,” said American Homeowners Grassroots Alliance (AHGA) President Bruce Hahn. “We need to staunch the bleeding of home values in order to stave off even more foreclosures and more risks to the economy. The numerous actions by Congress and the Administration to date have been well intended, but even though several have been helpful they haven’t been enough.”

One example is the Administration's $75 billion Making Home Affordable program to reduce foreclosures. While the plan has resulted in 190,000 mortgage modification offers, many of the offers were not sufficient enough to make the homes affordable, and lenders have either begun or proceeded in foreclosure s against more than 1 million homes. It is a well conceived program, albeit overly generous to mortgage lenders who receive taxpayer subsidies to modify loans that the lenders should be modifying to protect their stockholders equity anyway. “There is nothing wrong with this program,” noted AHGA’s Hahn, “except that many incompetent lenders are causing backlogs and delays, and other lenders appear to be avoiding participation purposely because they either believe they’ll get a bigger public bailout if they hold out longer or a quick return to double digit home appreciation will yield them a better return. We give the Administration credit for trying, and hope President Obama will continue his support for potentially effective solutions to the housing crisis such as this one.

AHGA is the first consumer organization to endorse S. 1230, and has urged Senate Finance Committee Chairman Max Baucus to hold hearings on the legislation.

AHGA believes the measure is also necessary because the existing first time buyers’ tax credit is less effective in more expensive markets where starter homes cost more than $80,000. In addition, many existing homeowners have lost so much money in home equity and/or their investments that they will be unable to move up to a nicer home when they sell without the tax credit. An estimated 9 million homeowners are still at risk of foreclosure, and by bolstering home values this measure will help them as well. Home buyers should be allowed to get this credit in advance, applying the credit towards the down payment and closing costs. The FHA allows the existing credit to be used for those purposes in rules issued in May, 2009.

States have also offered tax credits and other incentives to help revive their floundering housing markets. Although California has had to cut services and dismiss workers because of the state's $21 billion budget deficit, California legislators have introduced bills to increase the limits for the state’s $10,000 new home tax-credit program as well as to extend the duration of the credit for a year or more.

The California tax credit originally became effective in February 2009, but almost all the $100 million in program funding has been used up. Like the federal $8,000 new home buyer tax credit, it is difficult to determine how many of California’s new home purchases would not have been possible without one or both of those credits. The California Association of Realtors believes the tax-credit program is helping, based on the fact that first-time home buyers are expected to increase to 45% of all buyers in 2009, an increase from 36% in 2008 and 26% in 2004. A vote on the California proposals is expected in July.

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What makes land valuable?

Country property guru Curtis Seltzer tells us.

BLUE GRASS, Va.—“Value” is a word that everyone uses, but what does it mean and how is it measured? What makes some real estate valuable and some not?

What makes land, in particular, valuable to buyers? This question has more than one answer, and “location, location, location” is often in the chorus, not the spotlight.

Start with the idea of a merchantable asset, which is something that someone in his right mind will pay you a fair price for right now. (More technical definitions are available but don’t add anything useful.)

Some buyers look for -- and value -- properties that contain one or more merchantable assets that can be sold quickly to reduce the purchase cost. These might include an unwanted extra house, back acreage or mature timber ready to harvest. The buyer’s objective is to keep a core piece of the property and pay for as much of it as possible by selling unwanted, peripheral assets.

Retained assets that add value in a buyer’s calculation are items that can be leased (pasture and crop land, storage space, hunting rights, trails for horseback riding), rented (vacation homes, equipment), producing something for sale (crops) or used immediately by the new owner (house, outbuildings).

Property with all environmental rights retained and conveying should be considered a financial asset if it lends itself to a conservation easement. Property that bears a conservation easement should be discounted in value, because one or more important uses have been severed or limited.

The value of property adjacent to property with a conservation easement usually rises owing to the adjoining restrictions on development.

Most buyers value assets that are tangible keepers--a useable house, well-maintained fences, functioning utilities and other infrastructure. Specialized buyers will value specialized keeper assets, such as a year-round trout stream in the front yard or a developed horse operation.

Less tangible assets but no less important are “things” like compatible neighbors, quiet, privacy, an absence of boundary disputes and proximity to whatever most people like to be close to and away from what most people want to be out of sight, sound and smell.

Developers of rural land usually add value by packaging lots with natural and man-made amenities, such as recreational water (lake, river, stream), views, woods, clubhouse, trails and an appropriate level of infrastructure.

Buyers should pay more for land whose various assets can be used compatibly and simultaneously. Where using one asset precludes using others, value usually falls. A forest with an endangered species in residence is a high environmental asset, which, however, is likely to prohibit many other uses such as farming, timbering, road building and construction.

The more diverse a property’s assets and the more ways property can be used and enjoyed, the more market value and marketability it has, at least in my experience.

One buyer I know appraises property using what he calls, “opportunity analysis.”

As an investor, he values parcels that provide the most opportunities to do the most number of different activities, from making money to kicking back in a pretty spot and watching the breeze blow through the leaves.

Since assets can appreciate, depreciate and change over time, their future values need to be considered when figuring their current worth. The commercial value of many woodland tracts will increase as trees add girth and height, but overgrazed, eroding hillside pasture will deteriorate into a bigger economic and aesthetic liability. A good fishing stream can become polluted, turning an asset into a liability.

Property acquires value in terms of how it fits with a buyer’s multiple needs and wants. And the more “as is” the fit -- that is, no additional investment required -- the stronger the property’s appeal. When property meets the needs and wants of many buyers, particularly “as is,” its value rises as does its marketability.

Property has no value to a buyer whose needs it doesn’t fit, though it may be very valuable to a different buyer.

It’s generally more cost efficient to buy an existing asset (assuming it’s in good shape and does what you want it to do) than build it from scratch. I would value a 50-acre tract with a nice home site and view that’s accessed by a well-constructed mile-long road much higher than a comparable 50 acres with a marginally nicer home site and marginally nicer view that requires the construction of a one-mile road. When I was younger, I was more taken with views; at 63, I balance long views against the short view of the balance in my check book.

I’ve often seen buyers take their eyes off the ball. They develop a smart, reasonable set of search criteria, and then discard it when, for example, they’re shown a mint-julep house with two-story white columns on property that does not fit their needs. They saddle up on a runaway team of impulse and emotion.

It’s often easy to assume that all buyers value property in the same way. While many do, others don’t. Most buyers might pay a high price for a lake-front house that features a water view and private dock, but some won’t touch it owing to boat noise and lack of privacy, preferring instead an interior lot with water privileges. A timber investor would value 100 acres of scrub woods at no more than $500 an acre while a protectionist who plans to put a do-nothing-ever conservation easement on it and use it exclusively for bird habitat might pay $1,000.

Infrastructure in place -- roads, water, sewerage, phone, electricity, high-speed Internet, cell service and so on -- has more monetary value than it’s usually accorded. When infrastructure is done conscientiously, it makes everything else easier.

Calmness on a property’s periphery and in the general vicinity is worth paying for. Sellers rarely disclose nuisance, trespass and annoyance, which are often not obvious to a visiting buyer. Peace and quiet is worth a lot over time, though it may not be monetized by either seller or buyer.

Large acreages are subject to the same boundary disturbances as small ones. Buying peace and quiet is the value that buyers seek; don’t assume that buying bigger automatically inoculates you from commotion.

If a buyer is looking for an investment property or second home in the country, less travel time is a factor that translates into a willingness to pay a higher price. A closer place will be used more frequently and taken better care of than one more distant. Weekend use maxes out at three to four hours one-way driving for most of us.

Buyers discount the value of assets that are burdened with negatives, those running with an individual asset or with the property as a whole. A charming old house in bad shape is worth less to someone in his right mind than the same house in good shape; I know this opinion is considered a minority view in some circles. A nice place that’s too hot, too inaccessible or too near a zone of repugnance deserves to sell for less.

Too often, value is found in the fluttering heart of the beholder. A sharp pencil is useful in bringing a buyer with the pitty-pats back to his senses, even if it’s only applied to paper.

Curtis Seltzer is a land consultant who works with buyers and help sellers with marketing plans. He is author of How To Be a DIRT-SMART Buyer of Country Property available at www.curtis-seltzer.com where his columns are posted. He also contributes to www.landthink.com.

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EPA to Issue New Home Energy Efficiency Standards


Time to polish the Energy Star logo.

The “Energy Star” home designation is about to get a makeover. Created by the Department of Energy in the 1990’s, to qualify for the Energy Star label, a new house currently must score at least 15% more efficient than what existing state and local government "model" guidelines require in order to qualify. Elements of the rating include insulation, windows, appliances, and heating and cooling systems.

The “Energy Star” home designation has caught on thanks to public environmental consciousness and rising energy costs. Today, 90% of home buyers believe that energy efficiency is a very important factor when shopping for a home, and 20% of all new homes have the Energy Star designation. It’s a very cost-effective standard. A recent DOE study found that a typical house's energy use could be cut by at least 30%, and the additional monthly mortgage payment needed to pay for the higher construction costs would be more than offset by lower monthly energy bills.

While that is good news, DOE has concluded that the Energy Star standards are now too weak and need updating. Several factors are behind the push to tighten standards. One is new knowledge and technologies that have become available since the standards were first established. The current Energy Star standard for homes doesn’t factor in more recent technologies such as low-flow showerheads or the cost effectiveness of better insulation around window perimeters. In some appliance categories, a very high percentage of available new models meet current energy star standards, and many believe the label should be more efficient and exclusive. DOE is moving forward on other new energy efficiency standards as well. This week t announced a new lighting standard that will phase out the incandescent light bulb over the next decade.

Another problem is that the current standard doesn’t give points for space efficiency. There has been a trend towards McMansions in many areas. With the current scoring process, it is easier for a 5,000 square foot house to get the Energy Star designation than for a 2,500 square foot house. Nevertheless, the 5,000 square footer consumes more energy than the 2,500 square footer, even though both might be occupied by a family of four. DOE is concerned than the current standard encourages the building of houses larger than necessary, and the American Homeowners Foundation agrees.

DOE will be updating the rules for Energy Star homes in the near future. DOE’s goal is to tighten the standard, and to do so in a cost effective manner. It needs to balance affordability with savings. The American Homeowners Foundation supports the concept. If it establishes a goal of trying to make sure that additional monthly mortgage payments needed to pay for the upgrades continue to be offset (or nearly offset) by reduced energy bills, the tighter standards will make economic sense. There does need to be an absolute limit on the additional costs, so the homes will remain affordable and home builders will continue to support the program. To win Energy Star status, larger homes will have to improve their efficiency by a greater percentage than a home that is smaller than average. Because of efficiencies of scale, the tighter requirements will probably not raise the cost of the larger energy efficient new homes by a greater amount on a percentage basis compared to smaller homes. These requirements do not seem unreasonable, especially considering that the owners of the larger homes will also be seeing a greater percentage reduction in energy costs.

The new standard will be finalized this year and become effective in 2011. Homes built to the new standard will cost a little more, but they will also be substantially more energy efficient. There is a substantial likelihood that homes built under the new standard will be substantially more desirable than those built under the existing Energy Star standard.

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Please take the time to contact your legislators and express your views on pending 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. You can also look up which legislators represent your zip code if you don’t recall their names.

A personal meeting is a particularly effective way to get their attention and reinforce your message. 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. Please consider also requesting a follow up face-to-face meeting in their home state or home district offices near you when you contact their Washington DC offices on policy issues. 

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 2009 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 2009, American Homeowners Foundation and the American Homeowners Grassroots Alliance.