Tag Archives: Real Estate

Facing Foreclosure, Hire an Attorney?

February 20, 2009 jd 1 Comment

The Golden Rule, He who has the gold Rules

Hiring an attorney is usually the last thing I tell a client to do. It’s expensive and normally you can work things out with the party in question if both sides are willing to talk and negotiate.

However, the more I hear from friends and clients, it seems that the only way to get a bank or mortgage company to listen to you is to hire an attorney.

I just heard two more stories of people approaching their bank and was told, you’re making the payments, we don’t want to talk to you until you quit making your payments. In another case, the person tried for two months to modify their loan and finally gave up.

However, the person then hired an attorney and the bank immediately started modifying the loan. I don’t get it, why force a home owner who is under stress to spend an additional $1,500 to $5,000 to get their attention.

In spite of article I recently read, the banks are not cooperating. The article went on to say that a client hired an attorney to represent them and the bank insisted on having a three way conversation with the bank, the client and the attorney. The bank said there was no need for legal representation; they would do all the work for free. Right, maybe you just need to hit the banks over the head to get their attention.

Angel & I on Real Estate

February 19, 2009 jd 2 Comments

Angel, she hates to have her picture taken.

If Angel and I could talk to each other, the conversation might go something like this.

Angel to me, why are people so upset because the government might save their neighbors house who is facing foreclosure. After all, they’re saying I make my payments on time, I don’t want or need a government handout, why should they get one?

Well, Angel, it’s not that simple. I remember when I took a law class, the instructor (who was an attorney) said, there is right and wrong, then there’s the law. Now I say, in these times there is right and wrong and then there is real estate. Real estate needs help now, and it may not be exactly the right or wrong way to do it, but something has to be done.

Helping our neighbor to avoid foreclosure helps all of us. It keeps housing inventory from increasing, it helps prevent our home values from dropping and it keeps the neighborhood from deteriorating. There are vast neighborhoods that have just fallen apart, one home after another being foreclose on, vandals tearing the house apart, or homeowners selling parts of their home before they move. (See my previous blog “Rip off a House, Go to Jail”)

Now some people have further said, what kind of an example are we giving our children? Are we teaching them that if they get in trouble the government will bail them out. I don’t think so; I think you need to educate your children as to the realities of the times. Sometimes, government just has to get involved for the good of the Nation.

What do you think Angel? I think that makes a lot of sense, can I have a cookie now?

Real Estate

President Obama’s Help For Homeowners

February 18, 2009 jd

: The White House

President Obama will be in Phoenix today, to unveil his “Homeowner Affordability and Stability Plan” to help bring relief to homeowners and bring some order to the housing market.

A portion of his blog reads:

“The President’s strategy for economic recovery is a stool with several legs, as he’s said, and one of them is solving the foreclosure crisis.

“We must stem the spread of foreclosures and falling home values for all Americans, and do everything we can to help responsible homeowners stay in their homes,” he said yesterday as he signed the American Recovery and Reinvestment Act into law

To read the full text and explanation of what is proposed read the White House Blog at The Briefing Room

Real Estate

Property Tax Assessment Another Scam

February 6, 2009 jd

warning-signw3

Now we have a company in Los Angles taking peoples money for something they can do with a simple call to their local tax assessors office. An official looking letter from a firm calling themselves Property Tax Assessment, with a PO Box wants you to send them $179.00 by February 27, 2009 for them to do what you can do with a simple call.

If you don’t send them the money by the 27^th you will have to pay them an additional $30.00. Wow, how to word a scam letter to the hilt! In a specific example, one letter which I read states they can save the home owner $1,005.22. Notice the twenty two cents. Now they must have done some kind of research to come up with that close a figure, don’t you think?

But wait, in the letter they state “upon receipt of your service fee, Property Tax Reassessment will thoroughly review your individual property value” Now just a minute, if you send a letter out with a value to the penny, didn’t you do some research before you sent the letter?

Here’s an excerpt from the Examiner which also has a copy of the front and back of the form if you hadn’t gotten one of these scam letters and want to see what it looks like.

“The cunning company takes advantage of the fact that parcel numbers are a matter of public record to create a devious come on that may not be illegal but is certainly deceptive.

You can choose to pay someone to help you with your property tax assessment appeal, but why would you if it’s free? Trickery could induce you to pony up.

The single-page, double-sided mailing (front) (back) from “Property Tax Reassessment, P.O. Box 25519, Los Angeles, CA 90025” comes with the home owner’s address, the correct parcel number and a claim that the property may be over assessed”

When you get mailings like this, report it to your assessor, tax collector and your local district attorney. Offers to reduce your property tax with a fee attached is a warning sign, so call the county officials and do not respond to the letter.

Real Estate

Only a $500,000 Salary?

February 6, 2009 jd

John Thain after leaving Bank of America

Geez, I can’t get by with $500,000 if I have to run a big corporation like GM, or Bank of America into bankruptcy, woops, I mean run these companies!

Here is what some of the CEO‘s of these large companies made as they ran their companies into the ground according to The New Times

First a little update.

“Executives at companies that have already received money from the Treasury Department would not have to make any changes. But analysts and administration officials are bracing for a huge wave of new losses, largely because of the deepening recession, and many companies that have already received federal money may well be coming back”

Crucial details remained unclear on Tuesday night, including whether the restrictions would apply to all companies that receive money under the so-called Troubled Asset Relief Program, or TARP, or whether they would apply only to the “exceptional” companies that were being rescued from collapse.”

The Times went on to list some executives from severely troubled companies and their current salaries.

The chief executive of Bank of America Kenneth D. Lewis, , took home more than $20 million in 2007. Of that, $5.75 million was in salary and bonuses.

Vikram Pandit, who became chief executive of Citigroup in December of 2007 and previously held other senior positions at the bank, made $3.1 million.

The chief executive of General Motors, Richard Wagoner, made $14.4 million, much of it in stock, options and other non-cash benefits. He earned a $1.6 million salary.

Then there’s John Thain CEO of Merrill Lynch who gave billions of dollars to his employees just before his company went under and was taken over by Bank of America. He spent 1.2 million remodeling his office including a $1,450 parchment waste basket.

Darn, at $500,000 a year, the top dogs will not be able to buy parchment waste baskets for $1,450. How about they use a paper bag from the grocery store instead, that’s parchment, sort of.

By the way, in 2004, Bill Gates of Microsoft received a pay raise and with bonus made $901,667. The rest of his wealth came from the company making money and receiving his wealth from stock growth and dividends. What a concept, company makes money, CEO makes money.

Real Estate

Now What? Who Owns This House?

February 4, 2009 jd 2 Comments

So what do you think about people renting out a home that is not theirs? Seems like one way to make money in this economy if you’re looking for free room and board at the local jail house.

Yet this is what happened in West Natomas, in a gated neighborhood that has million dollar homes and such neighbors as the owners of the Sacramento Kings, former Kings star Mike Bibby and other such people with fame and money.

At issue is a 3,361 square foot, 4 bedroom, 3.5 bathroom home that has been vacant for some time. Police investigating the case found that the home had been purchased at auction last Thursday by Aurora Loan Services Inc. of Littleton, Colo, and that Aurora did not know who Phillis Powers was or why someone was living in their home.

However, when police approached the people living in the house, the couple produced a contract allowing them to rent the home for $1,500 a month. The contract had the name of Sacramento real estate broker Phillis Powers. (Hopefully she wouldn’t be a broker much longer.)

To make matters more bizarre, there were two printed signs in the front window claiming the home was the “Private Property of sovereign Woman of republic of California” and that federal and state employees could not access the property.

The sign also mentioned “freeman” which may be a reference to the radical anti-government group that gained fame in 1996 during an 81 day standoff with federal authorities in Montana.

So now, along with everything else that’s happening, we have to watch out for scammers renting homes that they don’t own. Don’t tell the politicians in Sacramento about this, they might use this technique to balance the budget.

For some more of this bizarre story
Sacramento Bee

Real Estate

How Not to Face Foreclosure!

February 2, 2009 jd

From a scene that could have come out of a movie, a husband and wife loaded up with guns, ammunition, and homemade bombs and fought off Otero County, New Mexico, Sheriff Deputies that initially tried to serve the foreclosure notice.

Then they got into a battle with the New Mexico State Police SWAT team comprised of nearly 100 officers. At the end, the wife was dragged out of the home by a bomb robot and the husband was found dead with a rifle at his side.

According to Alamogordon Daily News

“Sgt. Andrew Tingwall said the woman, whom police would not identify, was heavily armed and wearing a bulletproof vest. She was arrested and charged with assault with intent to commit a violent felony on a police officer.

He said officers decided to use the robot to grasp her ankle and pull her out of the house.

Officers pulled her away from where she was lying face down,” Tingwall said. “She had two pistols in her pockets and (was) lying on a shotgun.” Police medical members rendered first aid to the woman. Tingwall said she was taken immediately to a hospital.

“At approximately 2 a.m., SWAT officers made an approach of the residence behind a Dona Ana County bomb robot. The approaching officers discovered that there was a male subject with a rifle lying deceased behind a vehicle.”

The wife is facing felony charges with assault with intent to commit a violent felony on a police officer. She may face additional charges according to the police.

So the score, husband dead, wife in jail, house foreclosed. Facing foreclosure is not easy, but this is not the way to go!

Real Estate

California Sales and Other News

January 30, 2009 jd

sold

Well, the latest news from the California Association of REALTORSÂ® (C.A.R.) states that sales in December of 2008 increased 84.9 percent compared with the same period last year. On the other hand, median home prices fell 41.5 percent during the same period. The median price in December was $281,100 compared to $480,820 in December 2007 according to C.A.R. By the way, in my previous blog I stated that DataQuick’s figures showed a 48 percent increase in sales from a year ago. Maybe we should average the two figures! I think what C.A.R. is comparing is the month of December 2007 to the month of December 2008. You have to be careful to about news stories, no?

“Sales have continued to be strong, exceeding 500,000 units for the fourth consecutive month and year-to-date sales are nearly 27percent above last year” said C.A.R. President James Liptak. (More percentages)

Several things have helped to bring buyers into the market. Declining interest rates have dropped along with declining home prices. In addition home building has dropped to a 17 year low which, while it hurts the economy, it also slows the flow of new homes into the market. First time home buyers are now able to afford a home. Investors are flooding into the market place, knowing that this is a buying opportunity of a lifetime.

By the way, I ranted in an earlier blog about banks being bailed out and how they used the money to help their own bottom line instead of you and I. Here’s an example of what we helped bail out with our money. Bank of America bought Merrill Lynch because it seemed to the bank to be a way to expand their holdings. John Thain was CEO of Merrill Lynch at that time and was allowed to continue as a one of Bank of America’s managers He has since been fired when B of A found out that he had given billions (not millions) of dollars in bonuses to Merrill Lynch employees in his last days as CEO there, while his company was going under and had to be rescued.

You know of course, that the government has given Bank of America 20 billion dollars in rescue monies and another 118 billion is sitting there, if they need it. They need the money because of their acquisitions of FleetBoston Financial, Countrywide and Merrill Lynch. So continuing with the saga of John Thain, John then spent 1.2 million dollars remodeling his office, including $1,450 for a parchment wastebasket. So this is where part of our rescue monies have gone, to pay for a $1,450 parchment waste basket! Read the full story of John Thain at MSNBC

Real Estate

Beware of Foreclosure Scams

January 27, 2009 jd

It seems when people are distressed, there is always someone to help out and someone to take advantage of them. Now there are a lot of swindlers out there trying to take advantage of people who are on the verge of losing their home. If you are like me, I tend to trust people which is a good thing, but can also be bad, so be careful.

If you happen to fall into their trap, you can lose your money, ruin your credit and in most cases have no hope to avoid foreclosure. If you think you are facing foreclosure, be careful and be sure to read the following article from the Los Angeles Times. Here is part of the article.

“The scams typically work like this: Swindlers target homeowners who are behind on their payments, promising to help them renegotiate their mortgages and avoid foreclosure in exchange for a fee. Then, typically, the swindlers take the money and disappear leaving the homeowners in worse straits than when they begun.

The scammers have popped up everywhere in the last year as the real estate market has spiraled down.

From the ubiquitous orange signs on freeway off-ramps that blare “Modify Your Payment” to men impersonating bank executives going door to door, homeowners in trouble are being targeted relentlessly.”

Real Estate

Home Sales Up 48%

January 25, 2009 jd

Custom home built by O'Dell Construction

In a flash of good news in an otherwise depressing economy, residential sales have increased locally and in most of the State to forty eight percent over this time last year. Although there doesn’t seem to be an end to foreclosures, it has resulted in making home purchases attractive to investors and affordable to first time home buyers.

An article from the Appealdemocrat.com states in part:

“Foreclosures and a three-year price plunge continue to drive a rise in home sales in the Mid-Valley and elsewhere in recession-wracked California.

Yuba and Sutter counties more than doubled the number of freestanding houses sold in December compared to a year earlier, according to a report Wednesday from MDA DataQuick of San Diego.

*****
A glut of foreclosed homes has slashed median home prices in Yuba-Sutter and throughout the Central Valley, as defaults have mounted on high-risk mortgage loans that linked artificially low early payments to much larger ones later. DataQuick reported an 48 percent jump in home sales across California from a year earlier, to 38,000 houses and condominiums”