Wednesday, November 17, 2010

CitiMortgage

Dealing with CitiMortgage

On Monday, November 8th, I submitted a full price offer for a townhome owned by CitiMortgage. On Wednesday, November 10th, Citibank accepted my price and closing date, yet completely ignored the standard MN Realtors Purchase agreement I submitted. They sent me their counter offer to substitute for my offer. Except their counter offer ignores Minnesota Law.

These are some of the provisions in their UNSIGNED counter offer I objected to in writing with my counter to their counter:

a) I must complete any inspections in five days – without any assurance they would turn the natural gas and water back on so I know if I'll have heat and water pressure. The practice of winterizing homes makes it difficult to evaluate them.

b) Use their title company, who is not named in the contract. CitiMortgage will only provide a Limited or Special Warranty Deed, which means they are only responsible for title issues that occur while they own the property. Given they acquired it from a deadbeat investor who walked away from dozens of mortgages, after collecting the rents and stealing the appliances, title insurance is a very big concern. Who knows whatever title issues may creep up? This makes my choice of title insurance provider even more critical.

I also requested they replace their lengthy title language with the title language that is in the standard Minnesota Purchase Agreement.

c) This is a big one. Seller won't pay any prorated property taxes or assessments. I discovered the unpaid taxes, with penalty, are $2,231. I imagine the $1,740 HOA dues for 2010 are not paid either, but haven't seen that information because CitiMortgage refused to provide it. They are asking me to eat nearly $4,000 with a full price offer.

The listing agent tells me Minnesota State Law requires seller to pay taxes at closing so the language doesn't matter. WRONG, as verified by the Realtor's Legal Hotline. MN law requires taxes be must paid up to date to deed property, it does not specify WHO pays them.

d) Omits Minnesota Statutory Language for Seller to provide updated Homeowners Association documents and for buyer to have 10 days to examine them.

e) “Buyer acknowledges receipt and review of the “Home buyer’s Guide to Common Environmental Hazards”. Never got this, though I didn't object. If there were environmental concerns on a 10 year old townhome built on a former farm field in Maple Grove, I believe they would have surfaced by now.

f) I objected to their requirement for Arbitration as the only method to settle any disputes.

The agent tells me CitiMortgage is unlikely to sign my counter, but he submits it anyway.

Today, 12 days after I submitted an offer for closing that is suppose to happen in two weeks, the agent calls me. He said that CitiMortgage will allow me to use my own title company, as long as I pay for it (they pay if I use theirs). The agent tells me that CitiMortgage “can't” change anything else on their contract. “Can't” or “won't”? He assures me that CitiMortgage always pays the property taxes (same guy that told me yesterday MN State Law says they HAVE to pay the taxes), yet they refuse to delete that line from their agreement that says CitiMortgage won't pay the taxes or assessments.

They won't agree in writing to restore the natural gas and water for my inspection, though they agent claims they will do this. They willfully violate Minnesota Law by not providing me the HOA docs and 10 days to review them.

So I walked. And next time before I decide to even look at a bank owned property, I'll first ask if its owned by CitiMortgage.

If you want a copy of the CitiMortgage document I'm happy to send it.

Wednesday, November 10, 2010

Joe Realtor Team

The Joe Realtor Team

Joe Realtor built up a nice business. Now he wants to take it easy. So he recruits young agents and grandmas to be on his team. Joe Realtor's name is the listing agent on the MLS, signs, ads, brochures. But its the “team members” who are doing all the running around to obtain and sell the listings.

Joe Realtors acts as a supervisor. Then splits the fees with his “team”. The team members have a hard time building their own book of business because every thing stays under the “Joe Realtor” brand. My limited experience is the “team members” are not the cream of the crop agents. If they were, they would be building their own business instead of Joe Realtors.

I looked at a townhome that was a short sale listed by Joe Realtor. It was beautiful. I called Joe Realtor to inquire if the Homeowners Association permitted rentals. I was told it was Suzy's listing and given her cell number. I called Suzy and hear a small child whaling in the background.

“You sound busy”, I told Suzy. “Why don't you call me back later”.

“Its just my grand kid. I can still talk”. Not paying full attention proved to be a pattern for Suzy.

“Does the HOA permit rentals on Unit X?” I asked Suzy.

Suzy assured me they did and I wrote a purchase agreement that was promptly signed by the Seller, contingent on lender approval of the short sale.

I check the MLS and the listing is still shown as active.

“Suzy, my purchase agreement agreed to the AS IS terms, but also said the property was to be taken off the market.”

She argued with me. “Look”, I said. “If I'm agreeing to buy this “as is”, I don't want a bunch of strangers walking through and potentially causing damage.”

Suzy consulted with Joe Realtor and marked it pending on the MLS.

It took Suzy 3 weeks to get me a digital copy of the HOA docs, which Susie assured me she had reviewed. Page 1 of the HOA docs:

“Rentals are only permitted after you have lived in the property for at least 12 months”. I told Suzy I needed to cancel the purchase agreement.

“Why did you think I could use this as rental property?”

Suzy tells me “the seller said there were tenants living in the adjacent unit.” That was the extent of her property research as a listing agent for a listing she had had since April.

I'm inconvenienced. But not as much as the poor family who thought they had their home sold. The property is back on the market, WITHOUT noting the rental restriction.

And I've learned another lesson to get the property managers phone number for the HOA right away. And not trust what the agent tells me. Especially if they are on the “Joe Realtor” team.


On a different property, a bank owned listing was on MLS and I set an appointment, checked it out and wrote an offer the same day. When I went to submit the offer the listing agent told me the bank had just canceled her listing so she could not even submit my offer. So far, the listing has not shown up on MLS with another agent.

That same day I wrote 2 others offers. One is a backup to another short sale offer and won't be submitted until the other falls through. The other is for a newer bank owned unit that is in near perfect condition. I'm in a multiple offer situation on that one.

Even if my offer is accepted, the property has been winterized and the water shut off. So my offer is subject to them putting the water back on for inspection. I looked at a newer unit in excellent shape this week that still had the water turned on. And there was no water pressure in the shower. There are too many options out there to mess with a plumbing problem.

In a buyer's market, I never imagined it would be so hard to buy!

Wednesday, November 3, 2010

Bait and Switch

Bait and Switch

A townhome was originally listed for $179,900 in April 2010 as a short sale.
The price was reduced 11 times until August 16th when the list price was
reduced to $121,530.

I looked at the property and it was beautiful and had good vibes. Three
bedrooms, 3 baths, 2 car attached garage, and a fabulous location without a
lot of similar product. There was a pool and tennis courts and the HOA dues
were on the high side. But there was an on-site property manager who I met.
“Did they tell you about the $7,000 pending assessment for the balcony
replacement?” No, they had not disclosed this.

I submitted comparable sales showing the property was worth $117,000 less
the $7,000 for the balcony. The seller signed my purchase agreement at
$110,000. The lender responded in 2 months, which I'm told is quick for a
short sale. They countered at $127,100 PLUS I had to pay for the balcony,
making the ask price $134,100, $12,570 higher than the list price.

When I asked to see the basis for their number the listing agent told me
they wouldn't reveal it. And whatever market data I submitted would be
ignored. When I asked for a written counter offer, the agent said I had to
write the counter offer, they would not.

My research shows me the top rent would be $1,400 a month, my offer of
$110,000 would cash flow with a little cushion for vacancy, etc. Their
counter offer would require $1,600 a month rent.

Of the dozens of townhomes I've looked at, this is the best one. My friend
and fellow investor cautions me to not fall in love with the property. My
meditation teacher reminds us to not become attached to anything. And he
told us this wonderful story this week.

A king and his minister were hunting and the king goofed with his bow and
arrow and cut off the tip of his thumb.

“All is sweet” said the minister. “Everything happens for a reason, but
sometimes the reason is unclear at the time.”

The king became angry. “What do you mean 'all is sweet', I just lost part of
my thumb and I'm in pain. You're fired.”

“All is sweet”, said the minister and he went home and left the king to
hunt.

The king encounters a tribe who capture him and feed him delicious food. He
realizes they are fattening him up for some sort of human sacrifice. One of
the tribesman comes to inspect the king and sees the missing thumb tip. “We
have to let you go”, says the tribesman. “Our sacrifices must be perfect”.

Relieved, the king goes home and finds the minister. “You were right”, says
the king. “It was because my thumb tip was cut off that my life was saved.
Now I feel bad about firing you.”

“Don't feel bad” says the minister. “If you hadn't fired me I would have
stayed with you. I'm not missing any body parts and I would have been the
sacrifice.”

So my deal on the beautiful townhome was not meant to be. And I haven't yet
seen what will be even better. Especially with prices dropping daily.

Whatever your feelings are about this week's election results, remember “all
is sweet”.

Tuesday, October 26, 2010

How can you tell if a neighborhood is in decline?

How can you tell if a neighborhood is in decline?

Neighborhoods, like everything else, go through a life cycle. Appraisal texts define the cycle as either growth, stable, decline or revitalization. Growth is easy to spot, as you can see new houses. And tear downs for rebuild and re-modelers trucks point toward revitalization of mature neighborhoods.

But how can you tell if a neighborhood is in decline?

Some things to look out for.

Are there a higher percentage of properties for sale than other neighborhoods? Just drive around and observe the “for sale” signs?

Talk to property managers. Are they having trouble finding renters that qualify for the same rents that worked fine a year ago?

While most neighborhoods are seeing price declines right now, are the price declines steeper than other areas?

Are the market times longer than other areas?

Are people taking care of their homes?

What do the cars in the neighborhood look like?

Does the neighborhood seem clean or is their trash around because people have stopped caring?

Look at the neighborhood retail. Are their high vacancies? Is the tenant mix changing to accommodate a less affluent neighborhood?

Are young families moving IN or OUT? My parents live in a declining neighborhood just outside Detroit. Mom stopped buying candy for Halloween because there are so few kids. My sister lives a mile away where homes are bought as tear downs and there is home remodeling. There are so many children trick or treating my sister runs out of candy. Which neighborhood would you rather buy in?

What may appear to be a really good bargain on a property may not be such a good deal if the neighborhood is in decline. You may be better off spending more on a property that is likely to appreciate when the market recovers.

Thursday, October 21, 2010

Property Tax Reductions of $10 million and $5 million

$10 million and $5 million reductions for Property Tax Appeals.

Case #1 is land in the 7 county metro for residential development. The negotiated settlement was reduced from an Assessed Value for Pay 09 of $26.5 million to $16.6 million, a 37% reduction. For Pay 10 it was reduced from $20.7 million to $10.8 million, a 48% reduction.

In addition to the value reductions, the land was reclassified from Non Homestead Residential to Agriculture, as its been actively farmed. This brought the effective tax rate down from 1.3% to .9%. The estimated property tax savings over the 2 years is $220,000.

It was easy to understand how the assessor overvalued the property. A new road was built through the middle of the land, land locking portions. There was a variety of different zoning classifications. It was a messy valuation.

Case #2 is development ready land in the 7 County Metro. For Pay 2009 the assessed value was reduced from $10 million to $4.9 million for a 51% reduction. There was a 46% reduction for Pay 10 and and 25% reduction for Pay 2011.

The dart must have hit the wrong spot on the wall for the assessor to have these values. I can't figure out another explanation. I presented a comparable sale from an adjacent community. I told the assessor if we went to court I would make NO adjustments to this value that was a fraction of their valuation. It was similar in size, topography, neighborhood values, demographics and both parcels had approved plats. The sale was not a foreclosure. It was from one builder developer to another builder developer. Unrelated parties.

“Well,” the assessor, replied. “The buyer was really motivated. We would have to do a “motivation adjustment”.

“What”, I asked, “is a 'motivation adjustment'?”

“Let's just get this settled this morning so we don't have to worry about it.” Estimated tax savings to the developer over the 3 years: $182,000.

Would you would like to learn more winning at tax appeals? I'll be participating in a round table discussion at the Sensible Land Use Coalition

lunch meeting on Wednesday, October 27th, 11:15 – 1:00 at the Doubletree

Park Place in St. Louis Park. Register for the program at

http://www.sensibleland.org

Monday, October 11, 2010

Can you solve this title problem?

Can you solve this title problem?

Sam, from the perspective of his full time job, saw real estate prices plummeting. “I should jump in the market and invest in residential rental property as a supplement for my portfolio.”

Fred, Sam's wife's cousin's son, just got his real estate license so Sam gave him a call. Fred found this great deal on a bank owned condo for only $60,000.

Sam digs in his piggy bank and pays cash for the condo and quickly finds a tenant. Life is good.

Sam got the bug and bought more properties. And wants to buy even more. Sam hit his credit limit with his bank so he went to refinance the little condo he bought in June 2009 for $60,000. And then he noticed the RED FLAGS that both Sam and Fred, brains clouded with inexperience and the excitement of their first deal, ignored at the purchase. Stuff like in the MLS listing:

*Most lenders REQUIRE that you use their title company.

* If buyer chooses to use seller’s title company, seller will furnish title insurance for buyer at seller’s expense. Otherwise the Buyer must pay.

*Title companies assigned by the seller are experienced with their policies and can answer any questions your lender may have regarding title work, power of attorney, etc.

I saw this language a year ago when I purchased a bank owned property. I ignored it, paid a little extra, and used the title company I trust. The one that consistently finds problems the previous title company missed. I want to learn about title problems when I BUY, not when I sell or refinance.

And language I saw this week for a townhome I'm writing an offer for (yes, a short sale that the seller's don't smoke!) has a whole page of reasons trying to persuade me to use the seller's title company that they require me to sign, including: “If buyer chooses to use a title company other than seller's title company...Results of title exam may prohibit the property from ever closing.”

That's the whole point of title work! Some deals SHOULDN'T close.

But Sam and Fred, new to the business, didn't understand anything about title work and thought all title companies were the same. Sam is getting the lesson now.

It appears that back in 2006 a second mortgage for $39,000 was recorded before the first mortgage. The first mortgage holder bank foreclosed and got the condo back and sold it to Sam via an auction in June 2009. The second mortgage was not cleared in the foreclosure because it was recorded first. This was disclosed in the closing documents but neither Fred nor Sam caught it.

Sam's title insurance policy, from the Seller's title company, has an exclusion for this lien.


The auction house and the closer told Sam the title was free and clear.


The lien holder has not contacted Sam and Sam thinks the lien holder thought the $39,000 was wiped out with the foreclosure. Sam is not sleeping well since he learned of this mess.

What would you advise Sam to do?

Wednesday, October 6, 2010

Smoking Part 2

Smoking Part II

In response to last week's Heres The Dirt on smoking's impact on property values, Scott Schulte, the Champlin City Planner, responded:

I think it’s worth posting this commentary on every pack of cigarettes.

I agree, “Smoking can decrease your property values” may do more to deter smokers than the health warnings they continue to ignore. Sadly, many people put money before health.

And a comment from a bank president: ” I have noticed that a very high percentage of people we deal with that have credit problems are smokers. Not only is it a health hazard, but appears to be a financial hazard as well, and we do see the effect on resale values of foreclosed properties for the very reasons you cite in this newsletter.”

I asked the banker if they don't charge higher interest or points to smokers. He replied: “ Not yet, as we are not sure if it would be considered discriminatory treatment, but it does have an effect, so should be justified.”

Last I checked, smokers were not a protected class under fair housing laws.

Here is proof on the property values:

A townhome in a desirable area sold this week, post tax credit, for $142,000. I just looked at, well smelled, an identical unit in the same development—they can't move it at $109,000.

I've lost count of how many smoked filled townhomes I've viewed this week. Plus the extra laundry from the clothes I've worn to inspect the units.

And what is really frustrating is I've been asking the listing agents about the smoke prior to viewing the homes---and they lie about the smell. Or, “the carpet was just replaced”, which only transfers the smoke from the air to the new carpet.

And while only a handful of townhomes are selling post tax credit, I did preview two under contract with contingent offers. Neither smelled like smoke.

The true victims are the neighbors in the townhome development that don't smoke, take care of their homes and pay their mortgage on time. Look at the MLS photos of these smokey units and the homes appear to be in good condition. When they sell, eventually everything sells if you lower the price enough, appraisers, hungry for sales data, will use them as comparable sales.

And the appraisers will have no way to know about the smoke as they don't view the inside of the comparables. So the responsible neighbors take a hit to their property values. And the only winners are buyers like me – assuming I can find a unit that I can breath in at a price that works for rentals.