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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 E fficiency 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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