Saturday, February 27, 2010

Committee agrees: HOAs need reining in

Committee agrees: HOAs need reining in

But ombudsman for homeowners bill put on hold

Debi Brazzale, Colorado News Agency

Thursday, February 25, 2010



A legislative committee agreed yesterday that homeowners associations need reining in, but the lawmakers wouldn’t OK a plan to create a state ombudsman’s office for homeowners until revisions are made to the proposal. That was after the panel heard from homeowners complaining about overreaching associations in what one witness called the “wild, wild, west of HOA land.”

“Nobody disputes that there are issues with HOAs,” said Rep. Joe Rice, D-Littleton, who heads the Business Affairs and Labor Committee that heard the measure, House Bill 1278.

Rice, along with both Republican and Democratic committee members, liked the concept of homeowners being afforded the services that an ombudsman could provide, but they said they could not support the bill in its current form because of issues raised by state regulators, who would oversee ombudsman, and others who came to speak to the panel.

Division of Real Estate chief Erin Toll said the bill as is won’t work because there is not written into law a standard of conduct for homeowners’ associations that would guide and direct the ombudsman.

“I already know what the complaints are, we hear them everyday,” said Toll. “There needs to be clear standards of conduct about what HOAs can and can’t do along with clear sanctions if they don’t follow those standards of conduct.”

Yet, some were skeptical that an ombudsman is even the right approach to the concerns of homeowners, questioning the creation of another layer of bureaucracy in what some homeowners say is already a labyrinth of bureaucratic red-tape when HOAs and their attorneys are at odds with individual homeowners. Rep. Amy Stephens, R-Monument was among the skeptics.

“I’m not sure this is the right vehicle to get to where we want to be,” said Stephens.

Another concern raised and echoed in testimony was that the bill’s provision for two full-time employees to manage the office isn’t nearly enough.

“We want to be realistic about the expectations about this office of ombudsman,” said Amy Redfern, speaking for the Community Association Institute, which provides educational services to HOAs. Redfern said that they would like to see the bill revisited after more discussions with groups like theirs.

The bill is sponsored by two Democratic lawmakers from Aurora, Rep. Sue Ryden in the House and Sen. Morgan Carroll in the Senate. Carroll has been at the forefront of HOA legislation in previous years, and she and Ryden will sit down with the stakeholders to fine-tune the bill before bringing it back to committee. The next hearing on the bill has been scheduled for March 2.

Friday, February 26, 2010

Taxpayers Seeking Homebuyer Tax Credits, Refunds Must File Paper

Taxpayers Seeking Homebuyer Tax Credits, Refunds Must File Paper

Homeowners filing for the home buyer tax credit are not allowed to use electronic filing and must file hard copies due to special documentation requirements.


Earlier this year, the Internal Revenue Service (IRS) deployed new home buyer tax credit forms and instructions requiring forms that will force taxpayers to file on paper, rather than electronically.

The new home buyer tax credit filing rules are to ward off a repeat of 90,000 taxpayers who fraudulently claimed the credit, according to the U.S. Treasury.

Under the new and expanded home buyer tax credit rule , the credit is worth up to $8,000 for first-time home buyers and up to $6,500 for qualifying existing home buyers, in both cases, who buy a primary residence or have one built.


The tax credit is refundable. A credit that is larger than the taxes owed is returned to the taxpayer in the form of a refund.

The home can cost no more than $800,000 and qualifying income is limited to a maximum of $125,000 for single taxpayers and $225,000 for joint taxpayers.

Get the full scoop online from the IRS' "First-Time Homebuyer Credit" page online.

All taxpayers (first time and move up buyers) seeking a credit or refund, must use the new IRS Form 5405 "First-Time Homebuyer Credit and Repayment of the Credit" (Taxpayers must pay back the credit if they sell the home within three years). The instructions, which teach taxpayers what documents are required, are available on IRS FORM i5405.

In addition to Form 5405, also include at least one of the following documents:

• A copy of the HUD-1, Settlement Statement, showing all parties' names and signatures, property address, sales price, and date of purchase.

• For mobile home buyers who don't get a settlement statement, a copy of the executed retail sales contract showing all parties' names and signatures, property address, purchase price and date of purchase.

• For new home buyers who don't get a settlement statement, a copy of the certificate of occupancy showing the owner’s name, property address and date of the certificate.

Existing home owners applying for the $6,500 maximum tax credit must additionally prove they lived in their old home for the required period.

To do so, options are:

• File IRS Form 1098, "Mortgage Interest Statement." IRS Form i1098 offers the instructions.

• Also, supply mortgage interest statements or property tax records or homeowner's insurance records.

Again, because some of the documents required are not standard tax forms, taxpayers seeking the credit cannot file electronically.

They can, however, use off-the-shelf tax software or the IRS Free File online software to prepare returns, but they must still print out the return and mail it in with the required documents.

In addition to accuracy and compliance, the only other way to speed up any refund is to request, with the return, that the home buyer tax credit refund be deposited directly into a bank account.

Published: February 25, 2010

Monday, February 22, 2010

Investor Report: HUD Regulations

Investor Report: HUD Regulations

Seller financing to buyers is an essential tool for many real estate investors, but proposed regulations from HUD could create big problems.


That's the view of industry groups ranging from the National Association of Realtors to the National Real Estate Investors Association.

The HUD proposal, which is open for public comment through March 5th, sets up standards for state laws regulating mortgage originators under the so-called "SAFE" Act, the Secure and Fair Enforcement Mortgage Licensing Act.

Congress passed the law in 2008 and gave HUD authority to step in with its own rules when state laws are seen as too weak to properly regulate mortgage brokers and others.

In HUD's interpretation of who is, and who is not, a "mortgage originator," it exempts individuals who offer seller financing to homebuyers.

However, the proposed regulation appears to limit the exemption to just one group -- people selling their own primary residences.

That cuts out investors who offer seller financing on rental houses or second homes and condos. Under HUD's proposal, they'd have to go through the same registration, licensing, fingerprinting and other licensing hoops required of fulltime mortgage brokers.

Such a rule not only would be overkill, say investor groups, but would be counterproductive in terms of stimulating real estate and the economy.

In a four page letter sent to HUD Secretary Shaun Donovan last week, the National Association of Realtors argued that seller financing of investor units "can be crucial in certain markets, especially in times of economic stress," when unsold inventories threaten to depress prices further.

Most investors who provide notes to buyers are small scale -- not the sort of fulltime, commercial loan originators targeted by Congress for licensing and regulation.

Also last week, the National Real Estate Investors Association sent out an alert to its members urging them to write to HUD seeking a modification of its proposal. HUD's plan would "eliminate all seller-financiing" by investors, the group warned, no matter how few loans an investor made during a single year.

In its letter to Donovan, the National Association of Realtors mentioned what may prove to be an acceptable threshold: Investors who only "occasionally ... provide financing for property … should be exempt" from state registration.

For example, sellers who provide financing for "five or ten" properties a year" should not be treated as mortgage originators under the SAFE Act rules, said Vicki Cox Golder, president of the National Association of Realtors.

HUD is expected to come out with final rules later this year. But so far it's giving no hints on how it plans to handle the investor seller financing issue.

Published: February 19, 2010

Saturday, February 20, 2010

Moving to Denver? Consider Aurora's Cheap House Prices

Moving to Denver? Consider Aurora's Cheap House Prices

Despite the troubles caused by the real estate market meltdown, there is an upside – cheap housing prices. From Miami to Las Vegas to New York City, prices are reaching rock bottom. Another such example is Aurora, Colo., which is located just outside of Denver.

Aurora is the third largest city in Colorado and boasts many of Denver’s most famous qualities including ample green spaces and a left leaning hippie-grown-up kind of vibe. It is often considered a part of Denver’s growing suburbs.

What makes Aurora’s real estate market so attractive is the cheap housing prices. Aurora has benefited greatly from Obama’s tax break initiatives for first-time home buyers. The credit spurred a frenzy of home buying in the third and forth quarters of last year. When Obama expanded the credit, even more home buyers came forth.

The city comprises largely of older homes built in the 1940’s and 1950’s. As a result of increased home sales, Aurora’s economy is recovering quickly. Its current unemployment rate is still high at 7.5 percent due to Aurora’s large population of construction and retail workers. However, the proximity of Buckley Air Force Base has been helpful.

Foreclosures are also slowing down in Aurora. Obama’s newest initiatives to help out homeowners who are facing foreclosure, including HAMP and other bailout schemes, have proved an enormous help in keeping homeowners afloat. The cheap housing trend can be seen in the hardest hit areas of the states like California and Florida where local associations are trying hard to attract more investors.

Written by Lani Shadduck
HULIQ.com

Friday, February 19, 2010

Fed bumps up rate banks pay for emergency loans

Fed bumps up rate banks pay for emergency loans

Fed raises banks' emergency-loan rate to 0.75 pct; won't directly affect consumer borrowing


, On Thursday February 18, 2010, 7:35 pm EST

WASHINGTON (AP) -- The Federal Reserve decided Thursday to boost the rate banks pay for emergency loans. The action is part of a broader move to pull back the extraordinary aid it provided to fight the financial crisis.

The action won't directly affect borrowing costs for millions of Americans. But with the worst of the crisis over, it brings the Fed's main crisis lending program closer to normal.

The Fed chose to bump up the so-called "discount" lending rate by one-quarter point to 0.75 percent. It takes effect Friday.

The central bank said the step should not be seen as a signal that it will soon boost interest rates for consumers and businesses. It repeated its pledge to keep such rates at record-low levels for an "extended period" to foster the economic recovery.

The Fed had signaled for weeks that a higher discount rate was coming, though the timing of Thursday's decision caught some by surprise. It portrayed its action as moving its emergency program for banks closer to normal.

The announcement came after the financial markets had closed. Investors saw it initially as a prelude to higher borrowing costs across the board. In after-hours trading, the dollar strengthened on the expectation of higher rates. Yields on two-year Treasury securities rose, and stock futures dipped.

After the sell-off in stock futures, Pimco Managing Director Bill Gross warned investors not to overreact.

"I'd accept the Fed at its word -- that this isn't a change in monetary policy or in the timing of it," he said. "Calmer heads may prevail tomorrow."

T.J. Marta, a market strategist, said he thinks higher rates for American borrowers are still months away. But "I think one man's normalization is another man's tightening," he said of investors' initial anxiety.

The Fed has kept the target range for its main interest rate -- the federal funds rate -- at between zero and 0.25 percent since December 2008.

After the Fed's action Thursday, economists said they still believe it won't start to boost borrowing costs for Americans until later this year. Some don't think it will happen until next year, given the fragile recovery.

Chairman Ben Bernanke last week signaled the Fed is in no rush to boost rates.

When the time does come, Bernanke said the Fed will likely start to tighten credit by raising the rate it pays banks on money they leave at the central bank. Doing so would raise rates tied to commercial banks' prime rate and affect many consumer loans. That would mark a shift away from the federal funds rate, its main lever since the 1980s.

Steering interest rates through the excess reserves rate, now at 0.25 percent, gives the Fed more control over money floating around the financial system. The Fed sets that rate directly; its funds rate is just a target.

James Paulsen, chief investment strategist at Wells Capital Management, saw the Fed's move Thursday as testament to an improving economy.

"This may be the bell ringing that the crisis is over," Paulsen said.

The big question over the next few days is whether investors will start selling Treasurys with maturities of two years or less, Paulsen said. Doing so would send yields higher. Savers would start seeing higher interest on their money market accounts.

The economy is growing again, and financial conditions have improved. But unemployment is still near double digits. And demand for loans remains weak. Many ordinary Americans and small businesses have found it difficult to borrow.

When credit virtually shut down starting in 2008, banks that wanted to borrow had nowhere to go except the Fed. Banks can now more easily tap private lending sources. As a result, the Fed feels more comfortable about boosting the rate banks pay on emergency loans.

Because conditions have improved, the Fed also said it will shorten the length of loans drawn from its emergency lending program. It will return to the historical norm of overnight loans, effective March 18. During the crisis, the Fed had lengthened the loans to 30 days.

Earlier this month, the Fed shut down a handful of programs to help banks and other companies access credit. Like those shutdowns, the action Thursday is "intended as a further normalization of the Federal Reserve's lending facilities," the Fed said.

"The modifications are not expected to lead to tighter financial conditions for households and businesses and do not signal any change in the outlook for the economy or monetary policy," the Fed said.

Banks have scaled back their use of the Fed's emergency "discount" loan window as conditions have improved.

At the peak of the crisis in the fall of 2008, daily borrowing from the discount window reached $110 billion. Commercial banks averaged $14.3 billion in daily borrowing for the week that ended Wednesday, the Fed said in a report Thursday. That was down from $14.6 billion for the previous week.

Congress has demanded the Fed identify the banks that draw on the emergency loans. The Fed has resisted. Bernanke and his colleagues have argued that identifying the banks that take out emergency loans could cause a run on the institution.

Created by Congress in 1913 after a series of bank panics, the Fed acts as "lender of last resort" to banks that can't borrow elsewhere. Its actions help stabilize the financial and economic systems. And its decisions on rates affect the ability of companies and individuals to borrow and spend.

The wind-down of Fed programs earlier this month, most of which had fallen out of use, was little noticed. A bigger impact could be felt by the scheduled shut-down of the Fed's program to buy mortgage securities from Fannie Mae and Freddie Mac. That program is slated to end after March.

The purchases of mortgage securities have lowered home-loan rates and bolstered the housing market. The Fed has held the door open to extending the program if the economy weakens. Some analysts fear that once the program ends, mortgage rates could rise, hurting the recovery in housing and the overall economy. Rates on 30-year mortgages averaged 4.93 percent this week, Freddie Mac reported.

Unwinding the Fed's stimulus is the biggest challenge for Bernanke in his second term, which began Feb. 1. Moving too soon could short-circuit the recovery. Waiting too long could unleash inflation and feed a speculative asset bubble.

More insights into the Fed's strategy will likely come when Bernanke testifies on Capitol Hill next week.

David Rosenberg, chief economist at money manager Gluskin Sheff in Toronto, says the Fed's decision to bump up the emergency lending rate for banks is psychological but still packs a punch.

"The Fed is moving toward a new strategy of draining liquidity from the system," he says. "Will the Fed be raising the Fed funds rate soon? No. But what happens when it stops buying mortgages or even starts selling? That could have a material impact on mortgage rates."

AP Business Writers Bernard Condon and Tim Paradis in New York contributed to this report.

Thursday, February 18, 2010

Bill would let foreclosure bidders buy out lesser lienholders

Business News - Local News

Bill would let foreclosure bidders buy out lesser lienholders

Denver Business Journal

Senate Bill 93, a state measure related to Colorado foreclosure law, was to be heard in the Senate Business, Labor and Technology Committee on Monday.

The bill, sponsored by Sen. Kevin Lundberg, R-Berthoud, would give the successful bidder for a home at foreclosure auction the right to buy out lesser holders of liens against the property, or junior lienholders, such as those with mechanic’s liens. The junior lienholders would have to accept the payment from the bidder and release the lien, according to the bill.

Lundberg contends, in a statement, that his bill “will get rid of a loophole that exists in the current law, and give more clarity and evenhandedness to the foreclosure process. … This is a good policy that will make foreclosure sales more competitive, and should help the overall housing market recover.”

SB 93 was introduced in the Senate on Jan. 20, and assigned to the Business, Labor and Technology Committee. The committee heard witness testimony on Feb. 1, according to the Legislature.

Colorado law currently states that the successful bidder in a home foreclosure sale gets a certificate of purchase (COP) entitling them to a confirmation deed, unless the property is redeemed by a junior lienholder. But sometimes, a junior lien is bought by someone who won’t accept payment from the COP holder and exercises their right, as an unpaid lienholder, to redeem the property.

Lundberg contends that if potential bidders for a home know of a lien purchase, they may be discouraged from bidding on the property and “this may depress sales prices of foreclosed homes, leaving defaulting homeowners with little or not cash proceeds from the sale or a greater deficiency,” the bill states.


— Paula Moore

Wednesday, February 17, 2010

Close to Home: Aurora, Colo., boasts some sales bargains

Close to Home: Aurora, Colo., boasts some sales bargains

Aurora, Colo., is considered an extension of Denver but is big enough to be the state's third-largest city.

A major benefit of living in Aurora: home prices.

"Denver does not have the same affordability that Aurora does," says David Barber, president of the Aurora Association of Realtors.

Like many other cities' housing markets, Aurora's has benefited from the first-time home buyer tax credit.

•Sales status. In October and November many first-time home buyers rushed to take advantage of the federal tax credit before the November deadline, Barber says. By year's end, the expanded tax credit extension provided home buyers with more time to make decisions, which may have been a contributor to December sales that were 26.9% lower than the same month in 2008.

Home buyers are starting to resurface. Even high-end homes are attracting more attention because of the expanded tax credit.

"It's not taking people who weren't considering buying a home and putting them into the market," Barber says of the tax credit extension. "But it's helping move forward people who have been vacillating about whether or not it's time to move into a new home."

Price points. In the city's core neighborhoods, modest homes built in the 1940s and 1950s abound.

Aurora's median sales price in December jumped 10.6% from December a year ago. Home foreclosures have slowed, which pushed prices up, as did a reduction in home inventory because of brisk fall sales.

•Local economy. Aurora's unemployment rate is included in the Denver metro area's, which was 7.5% in December, the same as the state's but lower than the national rate.

Many Aurora residents live and work in the construction and retail industries, which suffered in the recession, says Gary Horvath, managing director of the Business Research Division at the Leeds School of Business at the University of Colorado.

But Aurora gets some job stability from Buckley Air Force Base and a Raytheon facility. It is also home to the Anschutz Medical Campus, an education, research and patient-care facility. Anschutz is expanding and recently added a biotechnology facility. It is also building a VA Hospital.

•Hot 'hoods. Aurora is not a typical urban environment because it boasts many parks, green spaces, and bicycle and walking trails, Barber says.

The Anschutz expansion is revitalizing nearby neighborhoods because of the many doctors, nurses and support personnel working there.

"There was a lot of foreclosure in those areas, and now because of the impact of the medical center, we are finding people coming in and buying those houses," Barber says. "They are rehabbing them and turning them into very nice homes."

A few years ago, home prices there ranged from $60,000 to $80,000, Barber says, but now reach $120,000. And values likely will continue rising, he says.