Thursday, July 31, 2008

HR 6694 - FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008

The FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 (H.R. 6694) was introduced by several members of Congress on Thursday, July 31, 2008. Representatives Maxine Waters, Gary Miller, Al Green and Christopher Shays sponsored this bill.

If it is passed and signed into law, it will allow downpayment assistance to continue after the 10/1/08 shut down date - but changes certain rules for allowing its use. It modifies the criteria under which someone will qualify for downpayment assistance - a positive change based on a borrowers credit scores...you can read the text of the bill by clicking HR 6694 above.

Wednesday, July 30, 2008

Quoted in Interest.com Q&A Column and Article

Not long after my clients and I were interviewed by the Associated Press for an article regarding foreclosures, I was interviewed by a staff writer for Interest.com. Today I found out they used a quote from me in one of their Q&A columns, and also in an article. I know the Q&A was published today, however I think the actual article was posted a couple weeks ago...apparently they don't always let you know that they have used your quote...

It's Official - President Bush Signs HR 3221

As of this morning, President Bush has signed HR 3221. Also this morning, I got an email from the Nehemiah Corporation urging people to save Non-Profit Downpayment Assistance Programs by contacting your local representatives and asking them to create and pass new legislation that allows this sort of assistance. Visit Nehemiah's Action Alert page to send an email or letter to your local representatives.

NAR's Summary of HR 3221 explains some of the highlights / lowlights of the legislation. There are MANY provisions in this bill, and this is a very brief overview. One element of HR 3221 that has not received much press is that the new FHA downpayment has been increased to 3.5%. Another element is a "tax credit" of $7,500 for buyers who purchase between April 8, 2008 and June 30, 2009. Talk to your CPA though, because this credit must be re-paid over 15 years (seems pointless!).

Also, unrelated to HR 3221, in some local news - Sacramento-based Financial Title Company has closed its doors. Luckily I do not have any current escrows being handled there, however their files and trust account have apparently been transferred to First American Title. I do have an active escrow over there, so hopefully they are not overwhelmed by new files!

Monday, July 28, 2008

Busy Moday

Today was a busy Monday... I had two client appointments today, and the rest of the day was been spent listening to "on hold" music with different lenders I am negotiating short sales with. If my math is correct, for about every minute I spend talking with lender reps, I spend about 6 minutes on hold. As I am sure you can guess, "on hold" time is when I get a lot of paperwork, blogging, and other internet stuff done. My previous post is the fruit of some of my "on hold" time...I was in a particularly long stretch of hold time - what can I say??



The Product of Listening to Hold Music......

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Sunday, July 27, 2008

Megan's Law Database in California

I was speaking with a prospective buyer yesterday, and we were specifically talking about crime rates in a particular neighborhood in Sacramento. We were discussing violent crime vs. non-violent crime, and the California sex-offender database came up. She did not know of the online Megan's Law Database. Searches can be performed by zip code, street, and area. If you want to know if there are any registered offenders near you, or a home you want to purchase - make sure to check...

Friday, July 25, 2008

This Weekend: California State Home & Garden Show

The California State Home & Garden Show is this weekend!...it actually starts today at noon and goes through Sunday, and is held at the Sacramento Convention Center. General Admission is $8. Hours of operation are Friday, July 25th 12pm - 7pm; Saturday, July 26th 10am - 7pm; and Sunday, July 27th 10am - 5pm. Print a coupon for the show here!

Thursday, July 24, 2008

HR 3221 - Passed by the House...will Bush sign it?

Per Nehemiah's Legislative Update section of its website, both the House and Senate concur with regard to HR 3221 with its recent amendments. It is moving forward with the language that does eliminate 3rd party downpayment assistance programs.

On pages 479 – 481 of the bill, the elimination of down payment assistance is cited (SEC. 2113) with an end date of October 1, 2008. The specific language states that the law “shall apply only to mortgages for which the mortgagee has issued credit approval for the borrower on or after October 1, 2008.”

President Bush still has to sign off on HR 3221...I am thinking that will happen soon...

Though this legislation is getting lots of press lately regarding this one element of the bill, this is a very broad act that has lots of components.

HR 3221 is also known as:

-- Building American Homeownership Act of 2008
-- Clean Energy Tax Stimulus Act of 2008
-- FHA Manufactured Housing Loan Modernization Act of 2008
-- FHA Modernization Act of 2008
-- Mortgage Disclosure Improvement Act of 2008
-- REIT Investment Diversification and Empowerment Act of 2008

If you have trouble sleeping tonight, and want to read a summary of the full scope of this legislation, click here.

Wednesday, July 23, 2008

Downpayment Assistance Ban Update - Nehemiah Good Thru 10/1/08?

According to Marlena Olson with the Vitek Mortgage Group, the Nehemiah Northern California Area Manager's (Donny Jones) outgoing voice message on his cell phone states -- Nehemiah has been given an extension until 10/1/08 to fund current and new requests.

I trust Marlena is a valid source for this information...hopefully the Nehemiah folks are correct in issuing this info. Nehemiah borrowers - I would not waste time! Per my last post on this topic yesterday, this legislation will be voted on in the coming days, and if it passes will be put on President Bush's desk for his signature.

Neighborhood Spotlight: Tapestri Square in Midtown Sacramento


Not long ago, I had the opportunity to tour the new Tapestri Square community in Midtown Sacramento. Located at at 20th and 21st Streets and T and U Streets, I had been driving past the building site several times a week on my way to and from Lyon's Land Park office to either the Downtown or Sierra Oaks offices, and was anxious to see the newly built model units. I was pleasantly surprised at what I discovered.

So there are a total of 58 single-family Brownstone style units under construction, and three very different floorplans varying in size from 1,300 square feet to almost 3,000 square feet, and ranging in price from the upper $300k's to the $800k's. All of the units feature garages, state-of-the-art appliances, walk-in closets, designer light fixtures, and are SMUD Advantage Gold Level Homes (highly energy efficient) - just to name a few things. There are some great optional amenities as well - even elevators are available in some units!! The surrounding area is ideal. Within close proximity there are many restaurants, boutiques, art galleries, coffee shops, etc. Downtown Sacramento is brief walk, bike ride, or car trip, and public transportation is readily available.
The developer behind Tapestri Square, MetroNova Communities, is also in the process of planning on a mixed-use project at the Crystal Creamery site in Alkali Flat industrial section of Downtown Sacramento. If you are interested in knowing more about this project or would like to arrange a tour, just let me know!






Tuesday, July 22, 2008

Downpayment Assistance - On its death bed...

As the Washington Post reported yesterday, and the Sacramento Bee is reporting today, HUD, the US Senate, and the US House of Representatives are making another attempt to ban downpayment assistance - this time through legislation. This latest attempt to ban downpayment assistance is a small element of a much broader housing bill to re-vitalize Freddie Mac and Fannie Mae, and modernize FHA practices, among other things. SA 4387 amends HR 3221, which Congress is expected to pass in the coming weeks.

I received an email from the Nehemiah Corporation last night asking for help - literally to call our congressional representatives. Here is the link provided in that email if you would like to make contact with these representatives.

Luckily this will not affect any of my current clients. I will say though, that past clients of mine have used these types of programs, and they do serve a great purpose. One client had plenty of cash in the bank, but just had a baby and wanted to hang on to their savings. Another client was waiting for an inheritance. Another client had money tied up in a CD. It is also a creative way to make a 100% Financing situation work...for those of you hiding in caves, most forms of straight 100% Financing are no longer available.

If you are currently looking for a home and are planning to use some form of downpayment assistance, OR if you are already in contract for your home and you are using downpayment assistance, pay very close attention to what happens with this bill. I am under the impression that if President Bush signs this once it hits his desk, its effects will be IMMEDIATE. Nehemiah is not the only program that will be affected. There are other programs, such as Ameridream, Grant America Program, and Partners in Charity, etc.

Monday, July 21, 2008

Ask Erin: So What Exactly is a Fixture?

At the 11th hour of one of my current transactions (I am representing the buyer), the seller made a claim that he wanted to take some backyard items with him. What were the items? One was a free-standing fountain, and the other was a metal-framed arbor (an 8-foot around, gazebo shaped trellis thing is the best way I can describe it). Neither was bolted to the ground. The fountain had a hard-wired electrical connection, and sat on a special pedestal surrounded by shrubbery and stonework that complement it. The arbor sat on a customized brick foundation, and was adhered to the ground by rooted vines that were trained to climb the arbor.

Fixture? Or, not a fixture? My clients and I stood firm that they were fixtures and were to be conveyed with the property...the seller stood firm that the items were personal property and he was going to take them with him.

So I met the listing agent at the property, where he dismissed my claim that the items were fixtures saying - well they are not bolted to the ground so they are not fixtures. Steam shot from both my ears, I'm sure. This listing agent happens to be the owner and broker of record of his firm. So, I went home and grabbed my real estate law text book. Yes, I keep my textbooks.

To cite my reference:
Pivar, William H., and Robert J. Bruss. California Real Estate Law. 5th ed. Vol. 1. Chicago: Dearborn, 2003. 221-223.

"Fixtures
Fixtures are former items of personal property that have become affixed to realty so that they are now part of the real property. For example, a household furnace is real property before it is installed in a residence but becomes real property (a fixture) after it is installed. Title to fixtures generally transfers with real property.

There are three basic tests for determining whether or nor an item is a fixture.
1. Intent: This is the most important test. Did the improver intend to make a permanent improvement to the property? If so, it is likely to be a fixture.
2. Method of attachment: Is the item attached in a permanent manner? Bolts, nails, concrete, and pipe generally are considered permanent even though an item can be readily removed. If an item is attached by roots (a tree or plant), it is generally regarded as a fixture. A fixture could be attached by its weight alone. An example would be a building that is not anchored to a foundation. Personal property does not become a fixture when it has been wrongfully attached by a person who is not the owner of the real property and who had no right or permission to make the attachment.
3. Adaptability: Was the item specifically adaptable to the use of the real property? For adaptability, the item need not be custom made; it need only relate reasonably to the use. For example, an argument could be made that a refrigerator placed in a specially built alcove is a fixture, even though its only connection to the real property is a plug in a wall socket.

All three preceding tests need not be met for the courts to determine that an item is a fixture. Civil Code Section 1019 added two additional tests for fixtures.
4. Agreement: Parties are free to agree on whether an item is real or personal property, and their agreement will govern the nature of the property.
5. Relationship of the Parties: When it is not clear if an item is a fixture or personal property, the issue will be determined in favor of
-the tenant, between landlord and tenant
-the buyer, between seller and buyer, and
-the lender, between borrower and lender"


I emailed this passage of text to the listing agent, stating that the fountain is considered a real property fixture per "Test 3 - Adaptability", and the arbor is considered a real property fixture per "Test 2 - Method of Attachment." By the 10am the next morning, he had called to tell me that the seller was going to leave the items. Problem solved.

An item does not have to be bolted to the ground to be deemed as a fixture. If you question whether an item is or is not a fixture, be sure to work this out between buyer and seller before you get too far along into your real estate transaction.

Thursday, July 17, 2008

Greater Sacramento Area Farmer's Markets

I was in the downtown Sacramento area touring a new listing this week, when I noticed that there was a farmer's market going on in a nearby park. When I was finished touring the listing, I decided to check out the farmer's market for a bit. I had no idea that a farmer's market would be sooo crowed on a weekday at a downtown park. I suppose it makes sense, since the location was just a brief walk from many downtown business centers.

I was speaking with one of the vendors, and he pointed me to the Certified Farmer's Markets of Sacramento website. I guess not all farmer's markets are created equal?


So here is a complete list (with details and directions) of the Farmer's Markets that are sanctioned by this organization.


-Saturdays / Sunrise Mall in Citrus Heights, Country Club Plaza in Sacramento, & Laguna Gateway Center in Elk Grove

-Sundays / State of CA Parking Lot near Southside Park

-Tuesdays / Roosevelt Park in Sacramento & Fremont Park in Sacramento

-Wednesdays / Caesar Chavez Plaza in Sacramento & Elk Grove Regional Park in Elk Grove

-Thursdays / Florin Mall in South Sacramento & Downtown Plaza in Sacramento

Wednesday, July 16, 2008

New Listing - 1832 Michigan Blvd in West Sacramento 95691

Adorable 2 bedroom, 1 bath cottage in a prime location! You will love the custom paint, window coverings, central heat & air, newer roof, newer carpet, cozy fireplace, big bedrooms, oversized 1-car garage, dual pane windows, and large backyard! Must see! Offered at $165,000. Sale is subject to lender approval of short sale. Please contact Erin Attardi with questions or to schedule a private showing.




http://www.erinattardi.com/ http://erin.golyon.com/

Tuesday, July 15, 2008

New Listing - 3532 Silverwood Road in West Sacramento 95691


Stunning Bridgeway Lakes Home is just one block from Bridgeway Lake access! Great Dorado Floorplan has a spacious layout, 4 bedrooms (possibly 5), 3 bathrooms, 2,749 square feet, a separate living & family room, gourmet kitchen w/tile counters, downstairs bedroom and full bath, large upstairs bonus room, vaulted ceilings, master suite w/lots of closet space, separate tub & shower, 3-car tandem garage, custom paint colors, serene back yard. Don't miss this fabulous home! Sale is subject to lender approval of short sale. Please contact me directly with questions or to schedule a private showing.






Saturday, July 12, 2008

Several New Listings...

Keep your eyes open...I have several new listings that will be hitting the market over the next 2 weeks. As of right now, all of my new listings will be short sales. Folks - I am great at marketing non-short sales too! ;-)

Friday, July 11, 2008

June 2008 Sacramento Real Estate Stats - Inventory still decreasing, closed sales still increasing!

The numbers for June are out, and for the SIXTH STRAIGHT MONTH, listing inventory is down, and pendings and solds are up! After a full 6 months, I think we have enough data now to say that this is a trend. Cool beans.

Couple other comments about the numbers...while overall the median price in Sacramento County is still down again ($220k), the line is definitely flattening out. There are MANY zips in Sacramento County where we have experienced an increase in the median price. Some of those zips may or may not surprise you (95610, 95662, 95757, 95826, 95828, 95835 to name a few). Again, probably not enough data to call that increase a trend -- yet.
Another thing I wanted to point out, is that what is going on with the bank-owned properties is incredible. The average days on market for a bank owned property in Sacramento County is 41 days (reflected in the graphic below)...the other interesting thing, is that they are selling for an average of 100% of the listing price. It seems the banks are low-balling themselves! If ya'll are regular readers of this blog, you will know that many of the buyers I am representing right now are overbidding all of their offers right now (some by as much as 18% - that is on the extreme side though) and are not being selected to purchase the property by the seller. So sure - this is an average...so there still are folks out there low-balling, but don't be fooled into thinking that every property deserves a low-ball offer. That's all for now...email me and I will be happy to provide you with any specific graphs/charts you like...





Indymac Bank is taken over by FDIC!

So I was going about my business this afternoon, actually writing a blog about the June 2008 Real Estate stats in Sacramento (which will be posted immediately after I am done typing this), when suddenly I had 5 or 6 emails right around 4:10pm regarding the fate of Indymac Bank. Can't help but post something about it...it's pretty big news.

Wow...I do not bank at Indymac, nor do they hold my mortgage paper. But apparently this week so many of Indymac's depositors withdrew their money after news spread that they were shutting down their mortgage operations, that it left the bank "short on cash." Today, federal banking regulators today closed IndyMac Bank FSB, naming the Federal Deposit Insurance Corp. as conservator. Its newly created successor, IndyMac Federal Bank, which will be operated by the FDIC...supposedly people who bank there will still have access to their deposits via ATM's over the weekend.

Thursday, July 10, 2008

Email issues...

If anyone tried to email me today, my ISP had issues today and did not receive most of my emails. I had several friends, colleagues, and clients tell me my emails bounced. If you tried emailing me, please resend it! Sorry for any inconvenience...

Tuesday, July 8, 2008

California Foreclosure Reform SB 1137 - Approved by Gov. Scharzenegger today

Senate Bill 1137 was approved by the governor today. This bill was actually opposed by the California Association of Realtors and a coalition of other organizations - they felt the bill was too broad and posed too many legal compliance issues. Not sure if the bill was amended from the original scope...

There are some needed provisions in this bill - such as 60 day notice to vacate to tenants of foreclosed properties. Other highlights include that the lender may not file a Notice of Default until 30 days after contact is made with a borrower (or documented several failed attempts to contact the borrower) and a meeting (in person or via phone) is conducted to review alternatives to foreclosure. You can read the entire bill here.

Lending Guidelines tighten to prevent "Buy and Bail" Scams

I caught wind of some changing lending Fannie / Freddie guidelines...starting August 1st (and perhaps sooner), buyers who own homes and who are planning to purchase a second home must qualify for the new mortgage including BOTH mortgage payments in their debt-to-income ratio.

Currently, if a fully executed rental agreement can be produced, a lender will factor in 75% of the monthly rent as income to offset the mortgage payment of the first home. This is changing.

Lenders are doing this in response to "Buy and Bail" scams, where a homeowner will purchase a second home, and let the first home (that they are upside-down on) foreclose. Got news for you folks - this scam is fraudulent and illegal!

There are several nuances to these new lending requirements...Marlena Olson with Vitek Mortgage Group is a great resource - 916-486-6900. Ultimately I am glad these guidelines are changing, but in addition to preventing Buy and Bail scams, it is going to get more difficult for legitimate purchasers of second homes - talk to your loan officers NOW!

Sunday, July 6, 2008

Folsom Pro Rodeo

Some friends, my husband and I went to the Folsom Pro Rodeo last night...it was my first real rodeo, and I have to say I have a new appreciation for the guys (and gals) who ride the buckin' broncos - pretty crazy to watch in person!




Thursday, July 3, 2008

Sacramento July 4th Activities

There are many fun Independence Day activities tomorrow...here are a few...

- Buffalo Chips Running Club 4th of July 5-Miler at Glen Hall Park - admission is free! Claimed to be Sacramento's oldest running event!

- July 4th Pocket Parade at Parkway Oaks Park / Garcia Bend Park - admission is free! Parade from Parkway Oaks Park to Garcia Bend Park - be on hand to help select the winning float!

- Folsom Pro Rodeo at the Folsom City Park - admission ranges from $15 - $21. Features rodeo events, carnival midway, live music, and fireworks display.

- Carmichael Gala Parade & Fireworks Show at Carmichael Park - admission is free! Features a pancake breakfast, parade, live music, and fireworks display.

- Rancho Cordova Heart of American Celebration at Hagan Park - admission is free! Features a kids parade, pony rides, petting zoo, live music, vendors, a food court, and contests.

- Elk Grove Run for Independence at Elk Grove Regional Park - $25 per runner. 10k run/walk benefits the Elk Grove Community Assistance Network.

- Independence Day Celebration at Cal Expo - admission is free (reserve seating available for $10) + $8 parking. Live music and Sacramento's largest fireworks display.

Wednesday, July 2, 2008

Home from Vacation!

I returned late this afternoon from a brief (and well deserved) 4-day camping trip. We wanted to do our camping before the July 4th rush, and our strategy paid off. My husband and I (and one of our dogs) went to the Silver Fork of the American River. If ya'll do not know where Silver Fork is, you basically drive East on Hwy 50 to Kyburz and make a right. Silver Fork is home to several camp sites, fishing, atv trails, hiking, swimming, etc. We played many rounds of Domino's, swam (in cold run-off water), and caught so many fish while we were there that I lost count after about 20! Cellular service was several miles from the China Flat campground...the photo here is of Harold, our 6-year old Bloodhound, on "his side" of our pop-up tent trailer. He is spoiled rotten!

I had an escrow close, and two offers accepted while I was gone! I should camp more often! Back to reality tomorrow!