“Fire” Your Real Estate Agent?

 Posted by Walter at 9:58 am
Jan 282012
 

Since tragedy and comedy are not always far apart… perhaps this can be seen as humorous. (Thanks to Steven Cook’s Real Estate Economy Watch for the information.)

It seems that Britain is not without their share of real estate market issues… many of which parallel the U.S. According to Cook’s newsletter, a relatively new British Company called “In-Deed” has researched the issue and found that,  ”Difficulties securing mortgage finance is a key factor, seriously aggravated by declining service standards among property professionals, according to the firm’s research…”

So In-Deed has launched an on-line game called Angry Buyers. According to the opening page, buyers can relieve stress by launching a mortgage broker, property lawyer or estate agent out of a canon and into a building! I’m not much of an online gamer, but it appears the objective here is to “break as many windows as you can” while relieving your frustration. Doing so means you accumulate points and ultimately might win the prize of having your mortgage or rent paid for six months.  (I didn’t look for rules, but would imagine residents of other countries are not eligible.)

Of course there’s really no market for a U.S. version…

Right?

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Tree Growth Tax–April 1 Deadline!

 Posted by Walter at 4:21 pm
Jan 242012
 

Reprinted with permission from WoodsWiseWire, an occasional electronic newsletter provided by the Maine Forest Service, on topics of general interest to woodland owners, foresters, loggers, and others interested in Maine’s forests. For more information on MFS programs, services, and publications, call the Maine Forest Service at 207-287-2791, or 1-800-367-0223, or send an email to forestinfo@maine.gov  Visit our website at www.maineforestservice.gov.

Tree Growth – also known as the Maine Tree Growth Tax Program – is Maine’s current use tax program for productive forestland. The program is administered in organized municipalities by town assessors and in the unorganized territories by Maine Revenue Service’s Property Tax Division. “Current use” means that enrolled land is valued according to its ability to grow trees for commercial use, rather than according to its fair market value. This often results in a significantly reduced property tax bill for enrolled landowners.

Tree Growth can be a beneficial program for landowners who manage their land sustainably for commercial forest products. In exchange for generally lower property valuations, landowners commit to following a written Forest Management Plan prepared by a Maine licensed forester. A licensed forester must also certify that landowners are following their plan.

Landowners are required to submit a signed Tree Growth Application and a supporting map to the assessing agent. The details of the forest management plan belong to the landowner and are not public information, although the Assessor may request a copy of the plan and hold it for a reasonable period of time for review.

The Maine Forest Service (MFS) provides assistance and education about the Tree Growth Tax Program, and forest management and planning in general, but does  NOT administer the Tree Growth Tax program.

Landowners should be aware of some very important requirements:

1) Land enrolled in Tree Growth must be recertified every ten years. Written management plans must be updated at least once in a ten year period. Could this be your year to update your plan and recertify?

2) In addition, when Tree Growth land is purchased, inherited, or otherwise acquired, new landowners must re-enroll within one year of the date of transfer. New landowners may not harvest timber until they have had a new forest management plan prepared or adopted a previous but still valid plan, and re-enrolled. Have you acquired or inherited forest land recently? 

Why is this important?

Because Tree Growth forest land that no longer complies with the program – including failure to recertify or to re-enroll on time– must be withdrawn from the program, with potentially significant monetary penalties to the landowner. Withdrawal can occur even if you were not the owner at the time the land was first enrolled, because Tree Growth status “runs with the land” – the parcel remains enrolled, even if it changes hands. Continue reading »

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Keep Going!

 Posted by Walter at 8:01 am
Jan 072012
 

I recently announced that I was not making any new year’s resolutions, but I was adopting a slogan: Keep Going! After a week or so of operating with that simple slogan I’m convinced I made the right choice.

The beginning of a new year is always a good time to reassess and it’s no great surprise that the calls and emails currently reflect that. People do seem to be considering what they want to accomplish this year: buying a home, selling property, taking a course. It’s all good stuff, but the problem with resolutions is also the problem with goals. Enthusiasm can fade quickly–especially when external factors (like the market and the economy) seem to be constantly working against us.

That’s when we have to “Keep Going.”

All of those decisions (goals and resolutions) have an obvious financial aspect. One of the things that still amazes and distresses me a bit is the amount of “financial illiteracy” I encounter with students and real estate clients. However, I can’t be too critical of it–because I’ve found myself feeling pretty ignorant when I talk with my financial advisor. Things have gotten pretty complicated in the financial arena. Consider, for example, how many different program choices a buyer has when it comes to mortgaging. I’m convinced that one thing keeping prospective first time home buyers from acting is they just don’t want to deal with the complexity.

Conversely, I’ve worked with clients so determined to achieve their dream they didn’t want to deal with reality. “The bank won’t give me a mortgage I can’t afford; that’s what got them in trouble.” At the other end of the spectrum, this is easy–all that matters is what I want. Part of my job is to make sure buyers understand that the price of the house and the mortgage payment are only one small part of the cost of home ownership.

Those who might be feeling a bit overwhelmed by all this financial “stuff” will find it easy to “keep going” but may not be thinking about where they are going to end up. (I’m reminded of the wisdom “If you find yourself in a hole, the first thing to do is stop digging.”)

One of the new courses I’m developing for this spring is “Cash as a Crop.” It’s part of a You Can Series we’re developing as a collaboration between the Piscataquis Valley Adult  Education Cooperative and Piscataquis County UMaine Extension. There are a number of courses geared to giving people information and skills emphasizing what you can do–some are very basic, but all are about facilitating a sense of independence and control. (That, by the way, is one of the driving motivations for owning your own home!)

In that spirit, let me share with you several resources for getting your financial affairs in order. Here’s a great site with some very practical financial advice… http://www.thesimpledollar.com/. I liked his explanation of mortgage rates a lot… and found his advice to someone who is considering walking way from their mortgage interesting, because ethical considerations aside, there are some serious financial aspects that most people don’t consider.

Another resource is http://www.totalcandor.com. Frankly, it’s a bit self-promoting, but with some justification. I met Michael Rubin at a financial literacy conference and found his approach refreshing because it’s down to earth and he’s got a great sense of humor. You might check out his blog and consider his book “Beyond Paycheck To Paycheck.” It’s a good read.

I don’t think it’s too late to make a resolution, set a goal, or adopt a slogan. Given the financially troubled times we are living in can be discouraging, but let’s keep going!

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There’s Nothing “Fair” About Fair Market Value

 Posted by Walter at 6:58 am
Dec 132011
 

Wikipedia defines fair as “in accordance with the rules or standards; legitimate.” One of the more memorable definitions I’ve encountered was offered by a student a few years ago. He said that whenever his kids whined “Dad, that’s not fair,” he would remind them that a fair was actually a place where pigs go to compete for ribbons.

In real estate classes, I “force” students to memorize the definition of fair market value, but we also want to be sure we understand that definition because it’s a pretty important term to sellers and buyers. It’s a lengthy definition, but the core of it is “that price… which a ready, willing, and able buyer will pay…”

Arriving at the fair market value for a property involves both science and art. I’ve brought the topic up because according to a recent survey nearly three-quarters of home sellers think their homes are worth more than the price the agent determines. Where it gets really interesting is that the same survey indicates that 68% of all home buyers believe homes are overpriced. And, yes, it’s possible for both of those things to be true at the same time.

In the article I read, one professional suggests that the problem is “fixing the credit system.” There’s a leap I really do not understand. (The suggestion is that would bring more qualified buyers to the market and increase demand.)

The law of supply and demand is still at work. In general, we are currently working with high inventory (supply) and low demand. That low demand is not totally the fault of the credit system. There are many qualified buyers who are sitting on the sideline for lots of reasons. Most of those reasons fall into the category of “fear” and they are all about the future and mostly about the economy.

This all gets simpler when we recognize that homes are bought and sold one at a time. Things would get really simple if we could remove the emotion from that process. We might then be able to get those sellers who think they aren’t getting enough and those buyers who think they are paying too much together. This means we have to get price into perspective–hard to do for sellers who are faced with a mortgage payoff that exceeds the current market value.  But let’s not forget that it’s also hard for buyers who want to buy more home than they can afford.

(One concern I have that I hesitate to raise–the cost of home ownership is about a lot more than the sales price. I’m afraid that the current situation is making it very possible for buyers to buy homes they cannot ultimately afford. That’s probably a different topic. For today, buyer alert: don’t let low pricing lure you into making a bad purchase.)

 The talking heads will probably continue to over-simplify things. In truth, there’s always been a tendency for sellers to over value and buyers to under value. What makes the current situation unique is the disparity. We might do well to worry a bit less about blame and “fair” and more about buying and selling. Simple, really. Not easy.

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No Whining!

 Posted by Walter at 5:25 am
Dec 052011
 

As if to reinforce my previous post, I read a news item this morning pointing out that pending sales are up but along with that REALTORS are reporting a signficant number of “settlement failures.” (A settlement failure happens when a buyer and seller agree to a “deal,” but something happens and the sale doesn’t actually take place.) The talking heads are of course blaming this on the lenders. (By the way, the statistics on the failures are not hard numbers-they are based on a survey of REALTORS who are reporting they are experiencing the problem.)

One comment posted to the story by a REALTOR included the observation that the “entire industry is being held hostage to ridiculous underwriting standards.” I confess to chuckling a bit.

I have an idea for her. I think she should start making $100,000 plus loans, asking herself just how much assurance she wants that her borrowers are going to pay her back. My guess is she’ll want some underwriting standards, documentation, and won’t be making loans to just everybody. If she can come up with enough money, she can turn an entire industry around.

 (Just to put the lending risk into perspective, a separate article notes that in cases where the lender or federal government modified mortgages to assist the borrower nearly half are in foreclosure again anyway.)

There’s no doubt that mortgages are a lot harder to get now than a couple of years ago. Personally, I’m not sure that’s a bad thing. But to those who are whining, I would suggest that unless we are going to start opening our own banks, “it is what it is” and we (REALTORS) need to start dealing with it. Whining about it isn’t going to help one bit.

We can’t continue to shout, “It’s a great time to buy!” because it’s only a great time to buy for those who can and not everyone can.

My personal experience is that it’s not THAT difficult–there are lenders with money to loan who have reasonable expectations. Buyers (and agents) who are looking for the slam dunk are going to be disappointed. You do have to work for the mortgage and the sale. Sorry.

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Salesmanship is NOT a dirty word!

 Posted by Walter at 6:43 am
Nov 282011
 

For a long time now I’ve been “preaching” to those who will listen–”It’s high time for those of us in the real estate industry to realize we are not in the business of selling houses; we are in the business of helping people make intelligent decisions regarding real estate.” I would call your attention to the fact that I said “selling houses.” I didn’t say “We are not in the business of selling.”

Some years ago I wrote a short booklet called Salesmanship Is Not a Dirty Word. I can assure you that I’m not “anti-sales.” I happen to think that selling is an important skill–even if we have to call it something else to make it palatable. 

So this morning I read an article on RIS called Warning: Your Sales Techniques May be Under Fire. It’s actually a pretty good piece. The author notes that while brokers have traditionally been “selling information” (because of the historical emphasis on the multiple listing system) things have changed. Buyers now have all that information available to them thanks to the Internet. (I wonder how that information gets there… hmmm.)

Therefore, he somewhat rightly concludes, buyers of real estate are looking for someone to “assist and consult.” But, like all good ideas, when you push this to the extreme it doesn’t work. “No dialog, technique, or pitch needed,” he goes on to say.  That’s where the author lost me.

 This is the age-old debate–it’s not a new one based on some new paradigm. Every industry has always had salespeople who put their personal gain before their customer’s. Real estate is no different. Well, except for one thing, maybe.

If you hire me (or somebody else) to “assist and consult” with you… wait. How are you going to decide to hire me? Will you draw my name out of a hat? Should we develop software that is a random broker generator to pick your broker for you? (Banks are doing that with appraisers these days–interesting back story there.)  No, I think we’re probably going to have some dialog and while we may not like calling it that, I’m going to “sell” you on the value of hiring me.

Let’s assume, however, that somehow you do manage to hire me without any influence on my part. So if we assume I’m not supposed to use sales techniques, let’s consider what that means. If you’re a buyer and you decide to make an offer on a home I’ll just submit the offer and we’ll see where the chips fall? Or maybe you are about to make a truly “bad” decision… you don’t want me to try to talk you out of it, right?

See, when we write articles like this we can afford to be conceptual and puristic. When we’re out in the trenches we have to deal with reality.

If you’re entering the real estate market as either a buyer or a seller I think you absolutely need a broker who knows how to sell and is pretty darn good at it. Remember, it’s about perspective. He or she is supposed to be using that skill on your behalf–not on you for his or her own gain.

Unfortunately, the information aspect of this business makes it very easy to end up working with a broker without much thought. You call a number on a sign because the house looks interesting. You don’t think about selecting your broker. You’re leaving that to chance. Wouldn’t it make sense to find out what that broker’s perspective is?

I often tell students that they’ll make their biggest mistakes in the business when they are broke. Why? Because it’s about perspective. It becomes very easy to put the transaction (sale) ahead of the client when you can’t make your mortgage payment.  Just like in dating; desperation isn’t pretty. Don’t hire a desperate broker.

Customers and clients really do need a sensitivity to this–is your broker truly working in your best interest? Extreme cases are relatively easy to spot because you feel “pressured.” 

There are two questions you should be asking yourself constantly:

  1. Do I feel like I am making my own decisions with all the information and options available to me?
  2. Do I feel like my broker is my partner-working with me?

If the answer to either question is not a resounding “yes,” it’s time to reassess your relationship.

 

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But is it mortgage fraud?

 Posted by Walter at 9:43 am
Nov 052011
 

This past summer the FinCEN (Financial Crimes Enforcement Network) reported a steep increase in the number of SARs (Suspicious Activity Reports) for the first quarter–a 31% increase. While some talking heads are screaming that mortgage fraud is on the rise, that’s not an accurate conclusion when you read the details. Many of these reports are about activity that took place in 2006-2007.

So once again, the sky isn’t falling. It appears, incidently, that many of the current problems are related to loan modification and debt elimination scams. While we tend to think of mortgage fraud as relating to the application and closing process, there is, in fact, another aspect where borrowers are committing fraud to reduce or eliminate their mortgage obligations.

According to the report, current reports include “activities such as loan modification and foreclosure rescue scams, flopping, and falsified claims of identity theft. Flopping occurs when a foreclosed property is sold at an artificially low price to a straw buyer, who quickly sells the property at a higher price and pockets the difference.”

So whether you are attempting to modify your current mortgage or applying for one… there are a lot of activities and documents involved. Are you (intentionally or otherwise) commiting mortgage fraud?

Just about everyone knows the old expression “if it looks like a duck…” But mortgaging is complex. A simple guideline is this: anytime your financial situation or the details of the purchase are not submitted openly and honestly, you are treading in dangerous territory. Things that might sound harmless should be questioned.

For example, if a buyer and a seller make a “side deal” with money changing hands, that deal must be disclosed to the lender. Failure to disclose all aspects of the transaction could be considered mortgage fraud.

The point here is to create awareness, not paranoia. Aggressive honesty is a good policy. Do not hestitate to question any instructions you receive that seem a little “off” and under no circumstances misrepresent your financial situation or the details of your transaction to the lender!

 Buying Real Estate, Financing, Real Estate Business  No Responses »

Taxation Without Representation?

 Posted by Walter at 7:44 am
Oct 292011
 

When it comes to property taxes, I rarely hear from people who do not think they pay enough. At a town meeting once lots of people were complaining about their assessed value. “There’s no way it’s worth that much!!” I couldn’t help but suggest that I wondered if they’d have that same perspective if they had called me because they needed to list it for sale.

I suppose there’s an interesting discussion to be had regarding the difference between assessed value (for tax purposes), appraised value (for mortgage purposes), and market value (for listing and sales purposes). But for today let’s touch on one aspect of property taxes–with the understanding that I am not the expert or final authority. Questions should be addressed to your local assessor or tax collector.

One area where we have some ability to “control” our taxes is in regards to vehicles such as campers or tractors. Many out of state purchasers are surprised when they get their first tax bill and discover it includes an assessment for the camper they left parked there. “I thought if it had wheels…”

Here’s the deal, as explained to me by one former tax assessor.

If you make the camper immovable (take the wheels off, build an enclosure around it), it can become part of your assessment and property tax bill—for tax purposes it becomes real estate.

 If the camper is “movable” there are two possibilities:

  • If it’s registered (in any state) it would not be taxable as personal property. (If registered in out of state you’d need to provide a copy of the registration to the assessor or have it visible in the window.) Note that if it’s registered in Maine you will pay excise tax. This gives rise to the observation that taxes are inevitable.
  • If it’s not registered it will be taxable as personal property. (Although a lot of times that doesn’t happen because the assessor hasn’t been to the property or otherwise noticed—they can, however, go back and collect those taxes for some period of time.)

 A lot Mainers “shop” those two possibilities to determine which is cheaper since if it’s registered you will pay an excise tax every year. The only way to do that is to ask the town tax collector for both amounts.

The problem with the whole complicated scenario is that enforcement really varies from town to town—and some Mainers can get very creative when it comes to avoiding taxes. I recall complaining to a fellow citizen about needing to register several trailers. He looked at me as if I’d grown a second head and said, “What the heck are you doing that for? All you have to do is register one and then keep switching the plate!”

He did not, of course, add “Just don’t get caught.” I suspect he’d been doing that for so many years he was sure it was proper procedure.

 Buying Real Estate, Community Info, Land, Market Information  No Responses »

Don’t Blame The Lenders

 Posted by Walter at 5:05 am
Oct 192011
 

I’m actually having some fun these days working with a buyer client and lender to put together some “unconventional” financing by today’s standards. But it also makes me a little crabby when I hear people whining about lenders and blaming them for everything that’s wrong with the economy and real estate.

But then again I also smiled when I heard what Greg Rand, CEO of OwnAmerica, had to say on “Rand on Real Estate”–his radio talk show. Admittedly he focuses on the commercial market, but he also makes a point that’s worthy of some thought. Lenders aren’t trying to make things difficult; they are simply returning to standard lending practices they were using a few years ago.

 

 Buying Real Estate, Financing, Home, Market Information  No Responses »

Home Inspections…

 Posted by Walter at 6:40 am
Oct 112011
 

Home inspections are always a good idea for buyers… and they actually can benefit sellers! But a home inspection is not a pancea–there are things that can go wrong with the process. The “House Detective” is nationally syndicated columnist Barry Stone–he writes a great blog and answers some tough questions. There’s some interesting reading even if you’re not considering buying a home!

 Buying Real Estate, Camp, Camp, Home, Home, Home Ownership, Selling Real Estate  No Responses »
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