Archive for March, 2010

Bankruptcy-Affected Foreclosure Sales

Monday, March 29th, 2010

A recent closed transaction in which we were involved revealed an interesting twist on a foreclosure sale involving a bankruptcy. The facts are these.

A homeowner filed personal bankruptcy. Because the debtor owed substantially more on his personal residence than its value, the trustee released the property from the bankruptcy proceeding. This is a common practice when an asset has no equity available to satisfy creditors.

Subsequent to the release, the property was the subject of an underbid at the sheriff’s sale. Why the lender made an underbid under these circumstances is unknown. Because of the personal bankruptcy the lender had no ability to later collect on the shortfall.

Due to the acumen of a Coldwell Banker Weir Manuel professional, the homeowner quickly put the property on the market and sold it for substantially more than the underbid, retaining the difference.

This technique is normally used to create the best financial situation possible for the seller with the understanding that the lender may pursue the homeowner at some future point in time for the shortfall. In this case, however, the lender would not be able to do so due to the bankruptcy proceeding.

It is important to point out that the seller was advised to seek outside legal advice in this case as we are neither attorneys nor experts in bankruptcy. Understanding all options available to sellers is critical to creating a selling scenario that is in their best interest.

There is a toll-free hotline that will provide critical information about individual bankruptcy cases. By calling 877-422-3066 one can find out if a person has filed bankruptcy, the names of the attorneys involved, and the name of the judge. This information can be accessed by name or social security number, and is free of charge.

Vacant Home Ordinances Complicate Transactions

Monday, March 22nd, 2010

We are currently witnessing a rash of new municipal ordinances dealing with vacant homes. Some municipalities believe that by regulating vacant homes, their potential negative impact on property values may be avoided.

These ordinances typically feature a registration process, registration fees and inspection fees. In some cases, municipalities are even going so far as to require buyers to acquire certificates of occupancy in order to move into a home which has been vacant for a specified period of time.
The public purpose behind most of these initiatives is to ensure that vacant homes do not become a negative influence to surrounding properties and neighbors. While this is a legitimate goal, it also appears that a few municipalities have chosen to use these ordinances as revenue generators and/or a method by which code inspector salaries can be supported.

Because the requirements under these ordinances vary greatly from town to town, there is no way to summarize the details of each here. It is important, however, for home sellers, home buyers and their real estate agents to be aware of them. The terms and conditions of a purchase agreement may be affected by these ordinance provisions in some cases.

The real estate transaction continues to get more complicated every day. It is our goal at Coldwell Banker Weir Manuel to continue to stay abreast of every new development that affects the sale or purchase of real property and advise our clients accordingly.

Is Homeownership Still Part of the American Dream?

Monday, March 15th, 2010

For some two hundred years, homeownership in this country was a desire of almost every American family. Due to the excesses of the past decade, some are now suggesting that the concept of homeownership should no longer be pursued.

We must be careful as a society that short term economic turmoil does not reset valued long-term thinking. The majority of Americans still hold homeownership sacred. Trulia just did a survey showing seventy seven percent of those questioned still believe that owning a home is a part of the American dream.

Some are questioning the American dream given that housing is in the midst of one of its worst markets ever. But the facts show that the last ten years have not treated the homeowner that badly. Obviously, people who purchased a home during the middle of the last decade have seen their value depreciate over the last several years. But, real estate was never seen as a good short-term investment.

If we look at housing values over the last 10 years, we find that even through these tough times real estate has averaged over fifty percent return as an investment.

The chart below compares real estate to other investments over those ten years.

Then why this challenge today? Well, at the turn of the century, when prices were appreciating in some areas by as much as 20% annually, many got caught up in the belief that housing values should double every few years for the rest of time. That belief created all sorts of reckless behavior.

Many purchased homes well beyond their financial means. Others decided that they would gamble on future values and interest rates by taking exotic mortgages, thus treating their homes as speculative investments. And others used their homes as ATM machines, continually withdrawing their equity in the form of home equity loans.

For too many, cast aside was the traditional viewpoint that a house was a home first and then a pretty good long-term investment. Traditionally, homeowners may have borrowed against the house to put a child through college, finance a wedding, or pay for medical bills. In recent years spending discipline for some has become more relaxed and home equity savings were spent on things that could only be characterized as frivolous.

While homeownership should certainly be viewed as a long term investment, a home primarily is a place to create a personal lifestyle. When structured properly based on solid advice from a trusted professional, homeownership offers the benefits of security, stability, control over one’s environment, equity buildup and income tax advantages.

For 200-plus years, Americans were eager to purchase property because they knew that on a long-term basis it would create wealth. That concept is alive and well in this country even today.

Realtors hope for spring thaw in sales | detnews.com | The Detroit News

Monday, March 15th, 2010

Realtors hope for spring thaw in sales | detnews.com | The Detroit News

Five Open House Concepts

Tuesday, March 2nd, 2010

1. Sometimes, they get the job done.
Many agents and homeowners are skeptical about the statistical unlikelihood of actually snaring a buyer who walks in off the street. But the fact is that many properties have been sold via open houses: either the buyer at the open house engages his real estate agent and request a one-on-one appointment, or the buyer will submit an offer the day of the open house, immediately after viewing the property.
Open houses can have a “coattails” effect. Many people who go through open houses are neighbors, which is not necessarily a bad thing. People, especially neighbors, talk. The more exposure a listing is given, the better.
2. Sometimes, home sellers just feel better for holding an open house. Especially in a slow market, it amounts to a tangible effort.
If that effort is coordinated with many other agents in an office and area-wide open house days are scheduled, results can be magnified. By combining efforts, agents can send prospects to other houses that better suit their needs, which are conveniently open at the same time.
3. Even if an open house doesn’t produce a sale, it might provide valuable information for the sellers.
Feedback is a valuable resource. Actual market extracted reaction from prospective buyers regarding the condition of the property, its layout, price, etc., will help mold future marketing strategies.
4. The idea is not just to engage consumers, but to engage other real estate agents, too.
Attracting consumers who stop by open houses with their agents in tow creates additional exposure of a different type. Those agents might see the house as attractive to their other clients and arrange future showings.
5. So, what works best to create a successful open house?
Holding a successful open house is part art and part science. Multiple open signs, print and online exposure and direct mail are essential elements of open house pre-marketing. Then it’s up to the hosting agent’s sales skill to engage prospects.
Coldwell Banker Weir Manuel Open House Event March 7
There is still time to sign up your listings for our March 7 Open House Event! Be sure to contact Allison Ferris 248-433-5495 before time runs out March 3 at 9am so your listing can be included in our Detroit News and Free Press Ad and promoted on Facebook and Twitter.