Strippers Arrested In Phoenix Area Real Estate Scam

Well, there's a headline I never thought I would write. But it's not what you think. As a Realtor, some of the worst homes we sometimes see, are bank-owned. In other words-Foreclosures. It never ceases to amaze me that some folks, admittedly a minority, think it is okay to vandalize the home they are losing. It is common to see a home where light fittings and light switch cover plates have gone missing. To the extent that the homeowner may have customized their home with better fittings, it is somewhat understandable. However, many people go to the extent of smashing what they can not easily remove. Bathtubs, showers and toilets, for example. Not only is this incredibly immature, it is also a criminal offense. Too often, however, the banks decline to press charges on the basis that a person who lost their home to foreclosure would be very unlikely to be able to afford any court-ordered restitution. Banks also seek to avoid the adverse publicity that would result from prosecution. I have often remarked that if these homeowners had been as diligent in their regular job, as they were in destroying their home, they may well have been able to keep both.

Back to the headline. It seems the FBI has a mortgage task force that has been going after people who have systematically been stripping homes to sell fixtures and fittings. Again, they are mostly concentrating on investors and speculators who had purchased multiple homes, probably to avoid negative public reaction should they chase after individuals who could not keep up their payments. However, make no mistake, laying waste to the property is a crime whoever commits it, and it damages everyone by further depressing home prices.

The FBI recently arrested one genius who was even advertising granite counter tops on craigslist.org, one of which he had the misfortune to offer to an undercover agent, shortly before the bracelets went on. Oops!

In these sad times of decreasing personal responsibility, too many people are looking to shift blame for their own ill-advised decisions. To then trash the property that you should not have bought in the first place shows a level of immaturity that boggles the mind. The fact that some of these folks are also parents does not bode well for the future.

Why No-One Likes A Short Sale

Short sales, along with foreclosures are a large part of the Phoenix area real estate market. Here are some tips to guide you through the minefield.
The general consensus is that short sales, where the owner owes more than the home is worth and asks for debt forgiveness, are a good deal. I am here to tell you, that while they can be, they are sometimes more trouble than they are worth. Both for the potential buyer, and for real estate agents.
Let me explain. First of all, there has been a growing tendency, which I deplore, here in the Phoenix area, to massively under-price a short-sale property. I understand why they do it. They must attract a qualified buyer in order to go through the process with the bank. To the inexperienced buyer, and indeed agent, the low price fairly leaps off the page. Many times it is priced at 70% of its true value. I feel that this is misleading. It is imperative that the experienced agent explain to the potential buyer that while it is priced at $495,000, for example, the bank will likely require closer to $600,000 to close the deal as that is the home's true value. The trouble is that some first-time buyers just think you are being a "slick" agent and are distrustful. Who can blame them?
The other thing that I find annoying is the banks' constant attempts to take money from my pocket. Understand that commissions are always negotiable, however never in the purchase contract, between seller and listing agent. Many times, however, the bank is taking a bath and tries to get the agent to join in by slashing the commission. By the way, the agent is under no obligation to do so. Sadly, many agents famously will do almost anything for a dollar, or food, so banks often get away with this. Couple that with the fact that a short sale involves a lot of extra work, and steps, so a bank should really pay more in gratitude for someone persevering and ridding them of a most-likely self-imposed bad debt.
And then we have the Realtor® - lemming of the type I encountered today. Before I even write an offer, they require me to sign a disclosure agreeing that whatever the bank decides to pay in commission, I will meekly split it with the listing agent. Bank says $10.00 and a slurpee, I get $5.00 and half a brain freeze.
If you have the range of choices available, as we do in Phoenix, buy the foreclosed home, or the home that is owned by a real live motivated seller. You will thank me for it.

Pending Sales Are Up In Phoenix

A rise in pending transactions bodes well for the future of real estate in the Phoenix metropolitan area.

As we have noted in the past, the free-market, when it is allowed to operate always has and always will re-dress the housing market. You may not like the way in which it is achieved, but it will occur naturally, if left to regular market forces. By this, I mean that well intentioned programs to enable folks to stay in homes they still cannot afford, only delays the inevitable.

Twice in recent memory, November 2008 and March 2009, prices have dropped so drastically, partly due to foreclosures and partly due to the economy, that sales have leapt up. Many people who thought they had missed the boat are now stepping up and finding that there are many bargains to be had.

Analysts use many benchmarks to gauge the health of the real estate market-pending sales is one of them. A pending sale is classified as one that has an executed contract, with an agreed price, has been taken off the "active" market, and is going through the regular processes prior to closing.

The Cromford report compiles such statistics and shows that in March 2009, pendings were up over March 2008 virtually across the board, with the exception of Anthem and Paradise Valley. The latter probably due to the high cost of homes and the tendency for the wealthier to be able to ride out bad economic times and stay put. The former, Anthem was down a little, but from a statistical standpoint of just one month, may merely be a hiccough.

One minor nitpick with the report is the figures for Cave Creek, which show 45 pendings versus 32 for March last year. Anybody with a working knowledge of Cave Creek would know that 45 is an absurdly high number for such a small town, as was the 32. the compiler of the report makes the same mistake that many "analysts" make. By dint of post office fiat, Cave Creek shares a zip code (85331) with a large portion of North Phoenix. This radically distorts the figures. I complained when the number of foreclosures reported in Cave Creek, which is detrimental to the community, were mis-reported; so in the interest of remaining fair, I must complain when it inflates the re-sale activity as well.

Other than that, things are slowly beginning to recover, so long as government doesn't stop by to "help" again.

Pricing Is Key; Always Was, Still Is.

Pricing your home to sell is always a main factor in marketing your home. The sagging Phoenix real estate market makes it vital.
The old adage in selling real estate was always, "Location, location, location". While that still holds true to a large extent, there are other factors just as crucial, not least of which is - Price.

I was reminded of this again, today, as I was sifting through the MLS. Time after time, the same old frequent flyers kept popping up. Homes that were $550K two years ago when they should have been $500K, now marked down to $400K, when they should be $350K. Always a day late and a dollar short, as the expression goes. You have to price into a falling market, not reflexively reducing to imitate local sales after they have closed. In the above example, had the seller started at a realistic $450-$475K two years ago, it would have sold. Now the selling price will likely be $100K less than that.

It is sometimes too easy to blame the seller, when many times it is the fault of a weak agent. Someone who has not worked through tough times may not have developed the skills needed to persuade a recalcitrant seller to lower their price. Or indeed, may not have developed the confidence to walk away from, or decline in the first place, an over-priced property. All Realtors say they need listings; what they really need are saleable listings. Big difference.
As a home seller you need to speak to your prospective agent in order to satisfy yourself that he/she is capable of getting the job done.

Then we have homes that have been around so long, that the sellers are now upside-down, and owe more than it is worth. Often, this is as a result of re-financing to release equity. In retrospect, not a good idea, at all. These "short sale" homes are often priced temptingly low, in order to hook a buyer with which to begin the process. For a serious buyer, this can be a frustrating experience. Be wary of the short sale that is under-priced, it may disappoint you. Given the choice, I would go for the bank-owned, or real live actual motivated seller, if I were able.

Are Short Sales A Good Deal

A quick look at short sales vs. foreclosed properties, in the Phoenix metropolitan area real estate market.

A short sale, as opposed to a fore-closed home, is neither good nor bad, in and of itself. The real question is whether the house you are attempting to buy is worth the price you will have to pay.

Let's back up a moment, and discuss the difference between the two. Briefly, a short sale is where the home is worth less than the amount owed, and in order to sell the home, the lender(s) must forgive some of that debt. A foreclosed home is one that has passed that point, and the bank has re-possessed it, and is the actual owner.

If two homes in the same subdivision, with essentially the same features are offered for sale at the same price, one being a short sale, the other a foreclosure, the only real difference might be the ease with which the deal can be closed. With a foreclosure, the bank has already taken the loss, so a sale can be completed as easily as one from a private seller.

With a short sale, things may get a little complicated. Not only are you dealing with a seller, you also have to get the approval of the lender. Sometimes, the lender may be 100s of miles away, in a different state, and be unaware of prevailing market conditions. This can stall the process. Maybe, the listing agent has never dealt with the intricacies of a short sale before with potentially fatal results to the transaction. Some sellers may have been less than truthful (i.e. lied) on the loan application when they bought the house. Now, upon claiming hardship to garner a short-sale, those lies are often revealed, resulting in no short sale and criminal charges.

Also, as a buyer, be aware that some agents price short sales at ridiculously low levels, a practice with which I disagree, in order to suck in a buyer with whom to initiate the process. These are just some of the many pitfalls you may experience.

My advice is usually as follows; if you love the house that is a short sale, by all means, let's try to buy it. But do not let the sometime lengthy process deter you or cause you to lose, another readily available property that might come you way, that will serve your needs equally well.

So, are they good or bad? They are neither. The overwhelming considerations should be the price, and the ease with which you can consummate the transaction.

Cancelling A Listing

Over the weekend, a letter was published in the real estate section of the Arizona Republic regarding the cancellation of a listing. The seller, it seems, had reluctantly agreed to a 6 month listing, after the listing broker had verbally agreed to cancel at any time. Right there, you can see the problem. Verbally.

After two months, for whatever reason, the sellers decided they no longer wanted to sell their home, and requested cancellation of the listing agreement. The broker said "Sure"; but requested $1000 compensation for advertising and promotion already completed.

The attorney who responded to the letter surprised me with his answer which was, essentially, try to come to a financial agreement.

First, let me say that if, as a Broker, you are willing to cancel the agreement, and so state at its inception, it is to the benefit of both parties to put the terms, and any financial penalties of such action, in writing at that time.

It seemed to me that the broker decided, retroactively, to charge for services rendered, and held the seller to ransom until he coughed up. Ethically, I find this disturbing and disappointing. We charge a reasonable rate for our services, but never collect a penny until they are completed, i.e. the home is sold. Some we win, and some we lose. It's part of the cost of being in business.

There are some companies who break down each individual service offered, and charge accordingly, sort of "a la carte" pricing. That is fine. In this instance I think the broker should take the high road, forget the charges and move on. If, in the future, that is how he/she wishes to conduct their business, disclose it up front and in writing.

Making Phoenix Home Buying Easier

Freddie and Fannie try to make it easier for you to buy a home, not like it's been that hard in the last few years.

Sometimes, here in Phoenix, and other parts of the nation, you will come across a home for sale in which you will be encouraged to use either "Homepath", or "Homesteps".

Let's look at "Homepath" first. This is a program for homes that are owned by Fannie Mae. Naturally, they need to shift their inventory, so they are trying to make the home-buying process as streamlined as possible. No appraisal is required as they have priced the home right at market, allegedly, although that doesn't mean you have to offer full price: bargain away. A down payment of 3% is usual, although seller's can contribute up to 6% of purchase price towards closing costs. Also, investors can buy 1-2 unit buildings with only 10% down.

"Homesteps" is a similar program offered by Freddie Mac for homes which it owns (REOs). They are trying to combat the notion that foreclosed homes are wrecks (they often suffer damage at the hands of spiteful owners) and will mildly re-hab a property to enhance its chances of selling. Typically, that would include fresh paint, carpet and, in some cases, new appliances.

Finally, you may come across a program, from non-government lenders, called "Express Path". Supposedly, they are pre-inspected, pre-appraised, low closing-cost, ready to buy homes. Of course, all those services are paid for in the asking price, there is no free lunch. This allows a speedy close, but to whose benefit? Some processes need not, and should not, be rushed. Industry fondness for this program seems to be mixed. Remember, one stop shopping rarely benefits the buyer, as the savings are not passed on, but retained, as profit.

Caveat emptor!