Dee Dee Jones Real Estate Blog

I'm tired of that "F-R- Double E Spells FREE" credit report commercial!    Because what they are "hawkin' is NOT free!
Thankfully, on March 3, 2010 the Federal Trade Commission file a revision to the Free Annual File Disclosure Rule to address the abuses and deceptive advertising for Free Credit Reports.  This was part of the new Credit Card Accountability and Responsibility Act 2009.

The new disclosure is available now, but must be used after April 2, 2010, per the FTC ruling... however the Radio and Television Ads don't have to go off air until September 1, 2010 (although the advertisements must adhere to the interim disclosure in the Credit Card Accountability Act until then.)

"The pre-existing requirement to make a free annual credit report available to consumers applies to consumer reporting agencies that operate on a nationwide basis.  The new marketing requirements apply to parties that offer free credit reports. For purposes of the requirement, a "Free Credit Report" is a file disclosure prepared by or obtained from, directly or indirectly, from a nationwide consumer reporting agency that is represented, either expressly or impliedly, to be available to the consumer at no cost if the consumer purchases a product or service, or agrees to purchase a product or service subject to cancellation."

I think this is GREAT news for consumers who have been PAYING for what services they don't need!

If you are looking for credit repair from someone who cares about your situation, and will show you how to immediately, and over time imporve your score - please call Steve Thorne, Credit repair specialist 919-649-5058  also check out this site ... it's all about credit repair and dispute information!

There are oodles of "don't do this" and "be sure to do that" lists available on the net for real estate advice but I thought I would rack my brain of 23+ years of real estate experience for a few ‘non-traditional' pieces of advice. Everything you are about to read is true. SOME names, however, are changed to protect the... the... less than smart.

Don't take a fake wife to closing. I had sold an investment property to this particular buyer a few years back. When the title department was preparing the closing paperwork, they discovered the buyer was married. They called him and told him he would have to bring his wife to closing to sign all of the closing paperwork. He arrived at closing with his wife, getting ready to sign all the docs. The loan officer, Ted, then asked them for photo ID to verify their identities. She said she forgot her purse at home. Ted said "No problem, run home and get it and we'll get back together in an hour." What followed was several minutes of eerie silence until the buyer finally fessed up and said, "Um, this isn't my wife."

So away they went and an hour later he did indeed bring his ‘real' wife to closing, not his girlfriend. But here's the kicker, It was the wife's idea not to come. She told him she was too busy and wanted him to take ‘Amy' instead... True story...

Tell your loan officer the truth (part 1). I had sold a house I affectionately called the patriotic house because every room was red, white, and blue. The buyer had a prestigious job at a large local railroad company and his loan application went fine, or so we thought. This was before loan officers ran full credit checks and did just ‘preliminary qualifications' with income, debts, and job history.

One of the questions asked as "Mr Jones, do you pay child support?" to which "Mr Jones" answered "No." Fast forward a week when the full credit report came in and he was over $30,000 behind in back child support payments. The loan officer called him on the phone and was told the following; "Mr Larsen, you asked me if I PAYED child support, not if I was supposed to pay it. I don't pay it!" You just can't make this stuff up!

Tell your loan officer the truth (part II). Same question, a couple of years later with a young couple in the loan officer's office when the following question was posed: "Are you obligated to pay child support?" He nodded yes while she nodded no... Turns out there was a little ‘Mr. buyer' running around that he failed to disclose to Mrs Buyer... They stepped out into the hall to have a discussion and never came back in... Guess that one should have been titled ‘telling your wife the truth'.. Yikes!

You never know who's watching... This story took place before the internet when we actually had big thick MLS books that came out biweekly with all of the homes for sale in them. All the info was turned in by the real estate companies but the MLS office took exterior photos of all the homes. One of the agents in the office had taken a client out to lunch whose house he had just listed.

When they got back, the MLS books had just arrived. Don said "Hey Charlie, I think your house should be in this issue." So they thumbed through the book and lo and behold ‘Charlie's house' was in there. Upon further inspection Charlie said "Hey, what's my boss's car doing in MY driveway?" Well, you guessed it, turns out Charlie's wife and boss had a little something going on. Apparently, the boss would make sure "Charlie" was busy on projects in the office for several hours at a time. Busted!

Watch future blogs for more stories about this nutty business. One thing's for sure, good market or bad, there's never a dull day in Real Estate!

Bill Swanson is an agent with CBSHome Real Estate, an affiliate of HomeServices and Berkshire Hathaway.

For more information, email Bill at Bill.Swanson@cbshome.com.

 

How many of you feel lost out there or even get help from someone such as a realtor letting you know that they can have their mortgage loan officer help you with your loan, yet you could still be lost. Not all referrals are good ones, just food for thought. I know this, because I have seen it happen more than it should, after a borrower comes to me after they had used someone else that was recommended. No, I am not perfect. But there is a lot more than just telling a borrower a rate and costs after looking at a credit score.

This post is not to point fingers, but to educate not only the borrower/consumer, but the realtor and some loan officers that might just do the basics. What do I mean about the basics?

Example :

Borrower : I am looking for the cheapest mortgage with no points. What can you do for me.

    Loan Officer : What is your credit score?

Borrower : 659

    Loan Officer : I could do 5.25% with zero points.

Borrower :  Sounds great.  Thanks and I will get back to you.

 

 

 

Important Update (example above) :

You should have received a Good Faith Estimate when someone gave you a quote.  To show rate, points, and fees. And that loan officer should have asked about 10 basic questions, which I will talk about below. Important news now on this….  As of January 1^st, 2010, there is now a new law in regards to RESPA and new disclosures. Please read below…

 

 

 

As of January 1st, 2010, no loan officer and or lender will be able to give you a Good Faith Estimate upfront when shopping for a mortgage. There will be about 6 triggers that have to take place for them to offer the good faith estimate.  I think this will hurt shopping for a mortgage now more than ever before.

What has always been a pet peeve of mine is that many loan officers just give you what you want to hear. Yet they don't ask you some very important questions. One of those main questions should be about your goals, no matter if you are buying or refinancing. What questions should they be asking?

1. My first and biggest question. How much of a mortgage payment would you be comfortable with?  A payment range, to include taxes & homeowners insurance.

2. How long do u plan on staying in the house. Yes, the borrower doesn't have a crystal ball, but many still have an idea. And this question should be broken down to 3 years, 5 years, and 7 years. Please read : My 10 top questions when interviewing a borrower.

 

 

 

2 very important mortgage tips :

1. Credit Scores - There are still some lenders that can do credit scores under 620, down to 550. Beware, they are almost impossible to close. I am getting about 2 e-mails a week now from borrowers that were told no problem, and the lender can't close. There are many reasons for this.

2. Making offers - I am also getting e-mails from those that just put an offer in on a house and now want to see about getting a mortgage. First and fore most, speak to a well qualified loan officer. And even though this loan officer should be interviewing you, interview them. Truly understand who you are dealing with and the company that they work for, no matter how you got their name. I can't stress this enough. SO much can be found on the internet about individuals and companies now.

 

 

 

Summary : Overall, there are going to be more issues when moving forward in 2010. Any loan officer that gives a true Good Faith Estimate upfront, could very well be out of compliance. Yet, if we aren't allowed to do this, how can a borrower shop effectively?  What, just give the borrower a rate over the phone?  That use to get under my skin from day one in this business, because anyone could do that. Rates change daily also. In any case, I will be talking about the new RESPA laws and breaking down the importance of this in Part 2. For a quick example to a negative impact on this new compliance, Gerry Suarez gives a good example of this. The Road to Hell and the new mortgage disclosures.

 

For some more good reading :

The Basics of FHA Loans - Mortgage 101 for FHA Mortgages - 08/24/09

Credit scores - FICO scores for mortgages - I need a 700 credit score?

 

 

 

• FHA loan tips & Mortgage Shopping Tips - Don't be caught with your pants down - Part 1 of 2
  

• Mortgage shopping tips - The new Good Faith Estimate, 2010 RESPA compliance issues. - Part 2 of 2
  

 

 

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For more information on FHA loans, please go to this link. The FHA Expert

For more information about the 2009 Tax Credit for First Time Homebuyers : 2009 Tax Credit

For important mortgage insight to watch for, please read : Consumers need to be aware of these Red Flags!

 

 

Copyright © 2010 by Jeff Belonger of Infinity Home Mortgage Company, Inc

Homes for Heroes is asking our affiliates and friends of heroes to search your databases, to recommend a family for the February 2010 episode ABC’s Extreme Makeover Home Edition. This is of extreme urgency. We will need this in the next day or so. For the February episode, we are looking for someone in the Texas, Florida, Georgia, Louisiana, Mississippi, Alabama or South Carolina areas. Please forward any names support@homesforheroes.com Here are some of the criteria:

1. The applicant must own their home and have deed or title to it.
2. There must be an urgent need for the makeover.
3. The applicant’s home should not be a nice or newer home (remember,
they tear them down) and home should have serious issues.
4. Any extra story of deserving in an interesting way would be a nice
additional element.
5. This is not necessary but it’s always nice if there are children in
the family.

As you all have come to realize… our true heroes in need are often humble and won’t ask for help. Please obtain as much information as possible and forward it to us immediately. Time is of the essence!

 

Whether chains are rattling, the floor is shaking or there is simply the knowledge that an evil deed was committed on the premises, you could possibly be dealing with a haunted house, or a "stigmatized property" sale. 

Since liability issues on these types of transactions vary from state to state - what is the guiding principal for selling a haunted house? 

In 1991, a case in New York provided some legal precedent on the matter. 

Stambovsky v. Ackley

The owner of a house, Helen Ackley had reported the existence of numerous poltergeists in her home and had, in fact, publicized these occurrences in Reader's Digest and a local newspaper on three occasions. As a result, the home was placed in a five-home walking tour in the city and received an enormous amount of publicity.  She even referred to the home in a article as a "Riverfront Victorian with ghosts." 

Some of the interactions Ms. Ackley described to reporters included ghosts waking her each morning by shaking her bed.  When spring break arrived she loudly proclaimed to the spirits that she did not have to wake up early anymore.  On this, she insisted that they listened to her requests and the bed immediately ceased all shaking.  

Despite the local notoriety, an unknowing buyer, Jeffrey Stambovsky signed a contract to purchase the home. On an agreed upon price of $650,000 he made a $32,500 down payment.  Since Mr. Stambovsky was not from the area he claimed to have ignorance of the widely known haunting tales. 

When the buyer subsequently learned of the haunting stories, he filed for a request of the rescission of his contract for the sale and also sued for damages citing fraudulent misrepresentation on the part of Ackley as well as the Realtor®. 

In ruling on this case, the court stated that since the existence of ghosts in the home had been widely reported, as a matter of law, the house was haunted. 

However, the court dismissed the fraudulent misrepresentation action and stated that the Realtor® had been under no obligation to disclose the haunting to any potential buyers. The court affirmed that the law of caveat emptor (let the buyer beware) applied in this case so the buyer did not prevail. 

Mr. Stambovsky subsequently appealed the case and won a reversal. 

On appeal, the court stated that a "haunting" was not a condition that a buyer could fairly be able to ascertain  through even the most thorough of home inspections.  In this case, "the most meticulous inspection would not reveal the presence of poltergeists at the premises or unearth the property's ghoulish reputation in the community."

It further stated that the seller had taken unfair advantage of the buyer's ignorance.  Since she had taken it upon herself to inform the community at large of numerous spirits roaming rampantly throughout the home, she owed no less to her perspective buyer. 

The judge then rendered a somewhat entertaining opinion using the following phrases:  

"In his pursuit of a legal remedy for fraudulent misrepresentation against the seller, plaintiff hasn't a ghost of a chance," I am moved by the spirit of equity," "In this instance - who you gonna call?" and "The notion that a haunting is a condition which can and should be ascertained upon inspection of the premises is a hobgoblin which should be exorcised from the body of legal precedent and quietly laid to rest." 

I have no knowledge of whether or not the parties in question had any appreciation of the judge's sense of humor. 

However, Mr. Stambovsky was finally let out of the deal and had his deposit fully refunded. 

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Copyright 2009 - Claudette Millette, President, TheBuyersCounsel - 800-392-1446  - E-mail    

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These 10 Commandments home buyers must follow may seem like common sense to many. Buyers, however, can sometimes forget with all the excitement surrounding the buying of their new home. In the past couple of weeks, I have heard of two separate buyers who saw their home loan turned down, and their dream shattered, a few days before closing because they had bought furniture for their new home before it actually became their home. Both of them now have beautiful furniture with no home to put them in.

These two buyers were not my clients but it always hurts when I hear of transactions falling apart for reasons that could have been avoided. These 10 commandments are part of the buyer packet I give all my clients when we first meet and I always stress that once they get pre-approved and the process is started, they can't do anything that might affect their credit.

1. Thou shalt not change jobs, become self-employed or quit your job.

2. Thou shalt not buy a car, truck or van (or you may be living in it)!

3. Thou shalt not use credit cards excessively or let your accounts fall behind.

4. Thou shalt not spend money you have set aside for closing.

5. Thou shalt not omit debts or liabilities from your loan application.

6. Thou shalt not buy furniture.

7. Thou shalt not originate any inquiries into your credit.

8. Thou shalt not make large deposits without first checking with your loan officer.

9. Thou shalt not change bank accounts.

10. Thou shalt not co-sign a loan for anyone.

If you are in the process of buying a home, remember that your credit must not change or be affected in any way until you actually sign the paperwork and get possession of your new home. Lenders will not only look into your credit when you first get pre-approved, they will check it again (and sometimes again and again) before they let you sign the mortgage. If you want to buy new furniture for your home or change jobs, just be patient. There will always be time to do it after the closing.