Tag Archives: Real Estate

Frank Sinatra’s Resort in Foreclosure

Cal-Neva Lodge & Casino
Cal-Neva Lodge & Casino

Having gone a few times to the Cal-Neva Resort, owned by Frank Sinatra for three years in the 1960’s, it’s sad to see the historic resort in foreclosure. Unique in that part of the resort is in Nevada and part in California, you could jump in their swimming pool which has the state line bisecting the pool in two. You could swim from California to Nevada in just a few strokes!

The resort was up for auction and the result—zero bids. The recession is taking a big bite out of tourism around Lake Tahoe. Indian gaming in California is keeping day trippers closer to home. And Ezri Namvar, the hotel’s most recent ex-owner, was forced into bankruptcy amid several dozen lawsuits, many from the tight-knit Iranian Jewish community in Los Angeles, which alleges that he ran a $500 million real estate fraud.

Marcil’s company, National Hospitality Holdings, specializes in turning around hotels in trouble. It was hired by Canyon Capital Realty Advisors, the Los Angeles company that foreclosed on the Cal Neva.

Canyon officials said their April 8 auction flopped because of the resort’s unique location: The border between California and Nevada splits the property. “It’s the only place,” Sinatra joked, “where you walk across the lobby — and get locked up for violating the Mann Act” (which bans interstate transportation of women for immoral purposes).

The odd division required simultaneous auctions in Reno, Nev., and in Roseville. The complicated process “masked” the resort’s real value, a Canyon spokesman said.

The resort was once a watering hole for elite seekers of quickie Nevada divorces.

Over the years, it was raided by Prohibition agents and shuttered by the IRS. Today, the property once known as the “Lady of the Lake” is showing her age.

In 1983, Ron Cloud, a Fresno, Calif., plumbing contractor who had acquired the Cal Neva, lost his license for allegedly rigging the slot machines and strong-arming debtors

Source Steve Chawkins Los Angeles Times

Can’t Sell Your Home, Offer a $1 Million Coupon

coupon
Can’t sell your home? Offer a coupon as one homeowner did in Florida in order to sell his home. Realtor Rusty Gulden came up with the idea rather than lower the price of the home $1 million, just make up a $1 million coupon.

In an effort to cut through the gloom in the luxury real estate market, Gulden has been running an ad in the Palm Beach Daily News. “FREE $1,000,000 with this coupon,” the ad reads. “Offer expires May 31, 2009.”

Gulden is trying to sell a 2,000-square-foot unit at the Sun & Surf condo at 100 Sunrise Blvd. in Palm Beach. The asking price was $3.7 million, but it’s a mere $2.7 million with the coupon.

Gulden says tough times call for attention-grabbing marketing gimmicks.
“The volume is significantly off — you don’t need a Ph.D. in finance to know that,” Gulden says.

Since the ad started running earlier this month, she says, “I’ve been busier than a one-armed paper hanger showing it.”

Seller John K. Kearney paid $1.65 million for the unit in 2004, according to property records.

The property Gulden advertised had been on the market for two years, she said. The owner, a Massachusetts resident who was selling because he “just wasn’t using the property,” agreed to shave a $1 million off the asking price if the house could sell in May.
Gulden created a black and white ad offering a “free $1 million” to anyone buying the property. An ad designer at the Palm Beach Post bordered the ad with dashes and a small scissor.

Gulden said she saw more calls on the property and even received an offer from a New York buyer within the month.

“It wasn’t just another ad,” Gulden said.

Million dollar coupons are yet another side effect of a high-end market that is over-saturated with homes and burdened by higher loan interest rates, said Walter Molony, a spokesman for the National Association of Realtors

Too Early to Call Housing Bottom

highway-sign-going-both-way 

Housing research organization IHS Global Insight estimates that the average U.S. home is undervalued by 12.2 percent, and many previously pricey communities are undervalued by considerably more.

A recent study released by IHS used home prices, interest rates, area incomes, population density, and historic premiums and discounts to analyze housing values. It examined 330 markets and found homes are underpriced in 248 of them.

Despite the high percentage of undervalued areas, IHS says “it is too early to call a bottoming,” as “job losses continue, housing inventories remain elevated, and consumers remain wary in light of economic uncertainty.”

Here are the 10 most undervalued areas:

1. Vero Beach, Fla., -42.5 percent
2. Houma, La., -41.4 percent
3. Las Vegas, -40.9 percent
4. Merced, Calif., -40.1 percent
5. Cape Coral, Fla., -39.1 percent
6. Houston, -36.9 percent
7. Midland, Tex., -34.8 percent
8. Lafayette, La., -34.4 percent
9. Vallejo, Calif., -34.3 percent
10. Stockton, Calif., -34.3 percent

Source: CNNMoney.com, Les Christie (06/04/2009)

New Financial Incentives and Uniform Process for Short Sales

short-sale-house

The following is a press release which announces that the Obama Adminstration has setforth guidelines to make short sales a little easier and should help us in Nevada County in speeding up short sales.  For anyone with economic problems regarding their home, this is welcome news. Banks tend to prolong a short sale because of their bureaucracy . This proposal will give banks financial incentives to speed up the process. 

A short sale occurs when a property is sold and the lender agrees to accept a discounted payoff, meaning the lender will release the lien that is secured to the property upon receipt of less money than is actually owed.

The NATIONAL ASSOCIATION OF REALTORS® (NAR) today announced that the Obama Administration has added new incentives and uniform procedures for short sales under its new Foreclosure Alternatives Program (FAP), part of the administration’s Making Home Affordable plan.

Loan servicers may consider short sales or deeds-in-lieu of foreclosure for borrowers who do not qualify to have their loans modified on a permanent basis under the Making Home Affordable Loan Modification Program.

• Borrowers/homeowners qualify under the FAP if they meet minimum eligibility requirements for the Home Affordable Modification program, but don’t qualify for a modification or do not successfully complete the three-month trial period. Before proceeding with a foreclosure, servicers must determine if a short sale is appropriate.

• Incentives include: $1,000 for servicers for successful completion of a short sale or deed-in-lieu of foreclosure; $1,500 for borrowers/homeowners to help with relocation expenses; and up to $1,000 toward the cost of paying junior lien holders to release their liens (one dollar from the government for every $2 paid by the investors to the second lien holders).

• The program will include streamlined and standardized documents, including a Short Sale Agreement and an Offer Acceptance Letter. The goal is to minimize complexity and increase use of the short sale option.

• Servicers will independently establish both property value and minimum acceptable net return, in accordance with investor requirements. The price may be determined based on an appraisal or one or more broker price opinions (BPOs), issued no more than 120 days before the date of the short sale agreement.

• In the Short Sale Agreement, servicers must give borrowers/homeowners at least 90 days to market and sell the property, or up to one year, depending on market conditions. Property must be listed with a licensed real estate professional with experience in the neighborhood. No foreclosure may take place during the marketing period (at least 90 days) specified in the Short Sale Agreement.

• The Short Sale Agreement must specify the reasonable and customary real estate commissions and costs that may be deducted from the sales price. The servicer must agree not to negotiate a lower commission after an offer has been received.

• Servicers may not charge fees to borrowers/homeowners for participating in the FAP.

• The program is in effect through 2012.

• Servicers have the option to require the borrower/homeowner to agree to deed the property to the servicer in exchange for a release from the debt if the property does not sell within the time allowed in the Short Sale Agreement (plus any extensions).

Printed by Permisson of:
Copyright © 2009 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.)

Lenny Dykstra’s $25 Million Home Faces Foreclosure

lenny-dykstra

It seems that Lenny Dykstra, former major baseball player for the New York Mets and Philadelphia Phillies, may be facing foreclosure on his 12,723 square foot Georgian estate, originally built for hockey legend Wayne Gretzky. Dykstra’s lender, Index Investors LLC, filed a default notice on March 11 at which time he was behind in his payments in the amount of $422,436. The private investment group gave Dykstra an $850,000 bridge loan in November of last year which was secured by the home.

Dykstra bought the home from hockey Wayne Gretzky for $18.5 million in 2007 and put it on the market last year for $24.95 million. The six-bedroom home didn’t sell and in February it showed a price reduction down to $16.5 million. All of a sudden, the list price has been pushed back up to $25 million. It is still however listed at the same rental price it was in February, $55,000 a month.
lenny-dykstra-fireplace2

Now, the NY Post is reporting that “Lenny Dykstra” is flat-out broke and facing foreclosure. According to the article, “The private-equity firm Index Investors filed foreclosure papers March 11 on Dykstra’s sprawling Thousand Oaks estate…” Also, Washington Mutual filed its own notice of default on his $12 million mortgage on March 18. To top it off, his jet has been impounded.

If that isn’t bad enough, his wife, Terrie Dykstra of Thousand Oaks filed for divorce in Ventura County Court on April 16, listing irreconcilable differences. Terri is requesting joint custody of the couple’s 13-year-old son, according to court documents. Two houses in Thousand Oaks owned by the couple are listed as community property.

The couple were married more than 23 years and were separated on April 3, court documents show.

Stories about Dykstra’s personal acquisitions after baseball, his financial woes and legal battles have aired on HBO, ESPN and been published in sports magazines.

In addition, lawsuits filed in Ventura County Superior Court claim he owes: $4,850 for pilots and maintenance fees for a two-day trip he took over Christmas; $12,000 for chartered aviation services in connection with his magazine, The Players Club (the complaint states Dykstra’s Visa card was declined); and more than $290,000 to Las Vegas printing company Creel Printing and Publishing Co. for printing services for The Players Club. The magazine folded in April 2008, shortly after it was launched.

Dealbreaker also says that Dykstra’s Gulfstream II was impounded on February 12. It’s a dramatic turn from a year ago when the New Yorker did a profile of Dykstra and his magazine, The Players Club which was going to show professional athletes how to keep their wealth and not join the ranks of players who earn millions and wind up in financial trouble just a few years later. Since then, Dykstra has been the subject of multiple lawsuits and creditors in relation to the magazine. As investments, magazines are like restaurants, glamorous, but highly profitable only for the lucky few.

Dykstra’s major league career spanned from 1985 to 1996 with the New York Mets and Philadelphia Phillies.

New Appraisal Rules for Fannie Mae & Freddie Mac

appraisal-of-house

There is a new “Home Value Code of Conduct” that went into effect on May 1, 2009.  All Fannie Mae and Freddie Mac mortgages have major changes in ordering and processing home appraisals.

Under the new rules, mortgage brokers will no longer be able to order appraisals directly for loans sold to Freddie and Fannie. This will force mortgage brokers to be “hands off” in choosing appraisers and potentially influencing the outcome of the appraisal.

Fans of the new code say appraisals will be more accurate, and there will be less fraud and lower costs. But others say the new rules will result in less reliable appraisals by some who may not be thoroughly familiar with an area, delays in getting loans processed and steeper costs.

In his latest blog post, Mortgage Broker Dennis Smith of Stratis Financial Services in Huntington Beach writes about how he sees the new code affecting home buying.

Smith writes about the process:

“First, the HVCC is a requirement for all loans that are being funded by Fannie Mae and Freddie Mac, no exceptions.  Under the rules of the HVCC any person or company that collects a commission as part of the mortgage transaction may not have any contact with the appraiser, including ordering the service. 
 
“Starting with all transactions with applications dated [on or] after May 1, 2009 the originating entity, me, must order any appraisals through the funding entity (lender) who must use an “adverse selection” process to select a national appraisal company. 

“When the appraisal is ordered the fee for the appraisal must be paid in full through credit card transaction; the borrower will need to provide this information for the transaction to move forward.  The national appraisal company upon receiving the order will then contact an appraiser in the area or region of the subject property and place an order for the appraisal.
 
“The appraiser will contact the appropriate person for access to the property and complete the appraisal.  He will then send the appraisal electronically to the national appraisal company who will review the appraisal and send it electronically to the underwriting unit of the lender.  The underwriter will review the appraisal and if acceptable will post it on the company website and notify the borrower.
 
“Attention! It gets interesting here.  Under the HVCC policy the borrower must receive a copy of the appraisal at least three days before ‘closing’.  I put closing in quotes because in some states closing and loan documents are the same time-this occurs in non-escrow states.  In states such as California where we order loan documents and then close after they are signed an reviewed most lenders are requiring that the borrower receive the appraisal at least 3 days prior to drawing loan documents.  In short, loan documents will not be drawn until 3 days after the borrower has received a copy of the appraisal.  And that copy must come directly from the lender. 
 
“This process will take several weeks to flush out but in California the most obvious problem is the appraisal contingency that is part of all CAR contracts — expect a revision in the near future as the HVCC becomes better understood by the CAR attorneys — since no one intimately involved in the transaction has any contact or control over the process from selecting the national appraisal company to selecting the appraiser, no one involved in the process can say for certain when an appraisal will be delivered so all aspects are known.” 

I left out the rest of his comments, since as a mortgage broker; he does not like the new rules. Mortgage brokers like to work with appraisers who they are familiar with and who know the area that they are working in. My own personal opinion is the more hands off the process is, the better it is for all of us.

What do you think?

 

Be Careful of Real Estate Scams & Fraud

house-fraud

Real estate fraud is a serious problem now and always has been something to watch out for. Here are some examples of danger signals.

Property Flipping – A type of real estate investment strategy in which an investor purchases properties with the goal of reselling them for a profit. However, not all property flips are fraud, it is just a red flag and illegal flipping is another story.

From one end to the other these are deals that routinely involve valuations from appraisers who get money under the table, falsified loan applications, mortgage fraud, bait-and-switch financing, predatory loans with unconscionable terms and repairs which are not up to code and thus result in a house which may be neither safe nor habitable.

Chunking – Another common scam, where basically, there is a get-rich quick seminar to convince attendees to become investors. This is a scheme in which a fraudster sells an investor an overpriced property and pockets the difference. This is usually done in get-rich quick seminars.

As an example, Mr. Borrower attends a “seminar” or program that shows how to get rich by investing in real estate with no money down. A third party, Mr. Fraudster, possibly a presenter at the seminar/program, encourages Mr. Borrower to invest in three RE properties and acts as Mr. Borrower’s counsel/agent.

Under Mr. Fraudster’s guidance, Mr. Borrower completes the required application documentation for the transactions. Unbeknown to Mr. Borrower, Mr. Fraudster takes the applications and submits the information to 15 different lenders for 15 different properties. This scheme requires the assistance of an appraiser, broker, and/or a representative of a title company to ensure that Mr. Borrower does not have to bring money to the multiple closings.

Mr. Fraudster acts as an agent for Mr. Borrower at the 15 different closings. The net effect is that Mr. Borrower receives loan proceeds from three of the closings and Mr. Fraudster pockets loan proceeds from 12 of the 15 closings. The lenders are stuck with loans to a borrower who does not have the ability to repay the debt and are often forced to foreclose on the properties..

Nominee Loans/Straw Buyers – This involves a person who agrees to lend their name and credit but does not intend to actually be responsible for the property.

As an example, person A wants to buy a property, but convinces person B to step in as a “straw buyer” to obtain terms that person A could not. Alternatively, person A steals person B’s identity, and forges all of their information on the purchase and loan papers. In both cases, person B is not the person really purchasing the property, but their name is on the mortgage. In the first case, person B is fully responsible for the loan and everything else that goes on, as well as having committed fraud.

Fictitious/Stolen Identity – Same problem as straw buyers, but in this instance the identity is stolen or created out of thin air.

Just be careful of the get rich quick schemes. But regardless of this, it is a great time to buy real estate; in fact, I think it’s a buying opportunity of a life time..

“Queen of Mean” Manor’s List Price Drops $50 Million

 

Courtesy of Historical Society of Greenwich. Helmsley Estate
Courtesy of Historical Society of Greenwich. Helmsley Estate

Talk about a price reduction!  That’s exactly what the heirs of the late Leona Helmsley did; reduce the price of her Greenwich, Conn. Home by 40% to $75 million from an original list price of $125 million. Last July, a Russian billionaire paid Donald Trump $95 million for a Palm Beach, Fla., mansion originally listed at $125 million, a $30 million price reduction.

If you have a cool $75 million you can buy the manor house, 20,000 square feet, Jacobean- mansion complete with two pools, more than 13 bedrooms (six for servants) and a walk-in silver closet. In addition, the home’s baronial features include ornate lamp posts along the driveway, travertine marble floors, 15th-century fireplaces, extensive wood paneling, patterned plaster ceilings, two dining rooms, a wine cellar and a 52-by-26-foot indoor pool, according to the listing posted online with Greenwich realtor David Ogilvy & Associates.

In the 1980’s Helmsley and her late husband, Harry, paid $11 million for the property. Deciding to remodel the house, she billed her company for millions of dollars, which led her to be convicted of tax evasion. She served time in a federal prison. She got the nickname “Queen of Mean” from the way she treated her employees..

The estate for Helmsley – who died in 2007 at age 87 – divided $1 million equally to 10 animal and dog charities, including the American Society for the Prevention of Cruelty to Animals and several groups that train guide dogs for the blind. However, a judge ruled the trustees could donate to other cause

Related Articles

Helmsley estate: $136M to charity, $1M to dogs 
‘Queen of Mean’ Lair to List for $125 Million

Shall I Walk Away From My Home? Part 2

walking  

The post I wrote entitled “Shall I Walk Away from my House” drew some real good comments both pro and con.

Shall I walk away from my home? If you are backed against a wall and have no choice, then of course the answer is yes, if you have no other choice. But If you like your house, you can make the payments, then the answer is no. You should have bought your home because you liked it, it appealed to you; it made you happy to have it as your house. The consequences of walking away are that you are going to have to rent because your credit score is down the tubes. Because of your low credit rating you are going to have to rent from three to five years or more because lenders won’t lend money for you to buy a home.

Owning a home is forced savings. You have to make the payments, your principal is going down, and money is depreciating, making your payments lower in relation to your earnings over a period of time.

The primary purpose of owning a home, unless you are an investor, is to live in the house, not to make a profit off of it. I believe that some people got carried away during the housing boom times and bought a home just to make money, not live in it. So if you have a steady job, and feel secure in it, this is just as good a time to stay in your home as any other. The question that goes along with this is: should you buy a home now, if you don’t have one.

The philosophy that I’ve had all my life in regards to a home has been to buy not to rent. I remember when I worked as an engineering aide and making barely enough money to do anything, I bought my first house through a private party with a small down payment. The seller carried the paper.  From that first purchase, a few years later, I was able to trade the home in Diamond Springs for a lot in Nevada City. Since I had the lot free and clear, I was then able to get a loan to have a contractor build a new home for me. My mortgage payment was $175 a month. I was in charge of the Nevada County Engineering Department at that time, and believe me, that mortgage payment was all I could afford. Do you think money has depreciated?

Is this a good time to buy? Is this a good time to hold on to your house if you can? The answer to both of these questions is yes. It’s always a good time as far as I’m concerned. I would rather buy a home than rent. I don’t like to be under a landlord.  Besides, it always seemed a waste of money to pay off someone else’s property when you could be paying off your own.  Time has shown that money depreciates and real estate increases in value.  My first mortgage on the house I had built was $175 a month. I could barely afford it. What can you buy today for $175 a month? Not much, certainly not a home.

Some people have forgotten the value of home ownership during this downturn. All you hear about are the people who are losing their homes. We forget that most of us bought a home to live in, not to make a living buying and selling, or getting into a “get rich” scheme.

So should you stay in your home?  My answer is stay there if you can, or buy one if you can.  History, no matter what people say, shows that real estate goes up and the value of your money goes down. I wish I had that $175 a month mortgage on my present home.  Let me know what you think.

Thinking About Buying a Home? How’s Your Credit Rating Affecting Your Chances?

house-with-key 

The lender wants to make sure that when they loan money to a you, that they are lending the money to someone who will pay them back. So when you apply for a loan, the number one thing they look at is your credit score. I know, that’s a twist from the roaring 2005-2007 years. I remember selling real estate in Grass Valley, Nevada City where the main criteria of the banks to loan money was that the buyer was breathing. 

Anyhow, a lender considers several factors about a buyer’s credit-usage behaviors. The system they use is a called “Tri-Merged Residential Credit Report” and is quantified as a scoring system called F.I.C.O. (Fair Issac Company). There are three companies who prepare credit reports and each one seems to come up with their own F.I.C.O. score. Different lenders use different methods, but most wind up using the middle score of the three credit reports. Others merge the reports as mentioned above.

Listed below is how the F.I.C.O. scores are generally interpreted:

• Scores range from 300 to 850.

• Score under 600 – will most likely need to use loan programs that are not F.I.C.O. driven. Represents extreme concern for underwriting and may result in additional fees, higher rates and/or points, additional down payment required, or even non-approval.

• Score 600 – 620: The underwriter will need to carefully review the application and may result in more fees, points and/or lower loan-to-value ratio.

• Score 620 – 660: This is considered a cautious risk although the buyer does stand a good chance of getting the loan provided he/she can explain any derogatory notations (i.e. late payments) in a plausible manner.

• Score 660 – 680: This is a standard automated approval score.

• Score 680 – 699: This is considered a very good risk by the lender.

• Score 700 – 719: This is considered an excellent risk by a lender and is pretty much a “slam dunk” for approval.

• Score 720 & above: This is considered “Accept Plus” for automated underwriting.

To determine the borrower’s credit score, most lenders apportion weights as indicated to the following factors:

• Timely payments – 35%
• Total debt – 30%
• Length of credit history – 15%
• New credit inquiries – 10%
• Amount/type of credit – 10%

A buyer/borrower can get a free copy of their credit report from each repository by mail or online at various websites offering “free credit reports” . I do not endorse any of them.  You should review your credit report once a year, as they often have inaccuracies and old derogatory notations that should be removed from the report.

However, you will find that most sites offering “free credit reports” do not give you your F.I.C.O. score and try to trap you into paying for an ongoing credit monitoring program or you have to pay to get your score, the report is free, the score is not.

According to CNN:

“Thanks to the Fair and Accurate Credit Transactions Act, or FACT Act, enacted by Congress in 2003, consumers can get one free credit report a year from the three major agencies – Equifax, Experian and TransUnion. But that doesn’t include scores, which come at an added cost of around $6 to $16. That’s the “fair and reasonable” fee credit rating agencies can charge consumers under the legislation.”

Here are some methods that you may use to improve your credit score:

• Dispute incorrect information by directly contacting the credit reporting agency.

• If you have any past-due debt, you can contact the creditor directly and settle the debt. Creditors are often willing to settle past-due debt for less than what is owed and sometimes are even willing to remove the derogatory notation about the debt. If the debt has been sold to a collection agency, the borrower would have to contact the agency.

• Pay down credit card balances, if possible, to less than 1/3 of the available limit.

• Work to show that you have maintained 12 consecutive months of timely payments on ALL of your financial obligations. If you have gone into foreclosure and/or bankruptcy, this will take longer; perhaps three to five years.