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C.A.R. Member Benefit #14: C.A.R. Newsline is a weekly e-newsletter covering vital industry information including economic reports, legislative developments, and new real estate products and service |
DRE issues clarification on self-reporting of disciplinary actions The DRE has issued clarification on a California law that requires real estate licensees to report to the DRE within 30 days of any of the following:
• The bringing of an indictment or information charging a felony against the licensee
• The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor
• Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government.”
The law requires that any such report is to be made in writing within 30 days “of the date of the bringing of the indictment or the charging of a felony, the conviction, or the disciplinary action,” and that failure to make such a written report shall constitute a cause for discipline.
It is the failure to report that violates the new law. It should be underscored that the Legislature created this section as a “new tool” to enhance the DRE's Enforcement operation and efforts.
This law went into effect Jan. 1, 2012. Prior to that, the only self-reporting requirements for department licensees were imposed under Commissioner's Regulation 2930 on restricted licensees relative to arrests.
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California consumer confidence hits pre-recession high Chapman University’s California Composite Index of Consumer Confidence increased to 92.3 in the second quarter compared with the first quarter’s revised reading of 89.8. The current reading represents the highest confidence level since the reading of 94.4 in the third quarter of 2007. An index level below 100, however, reflects a higher percentage of pessimistic consumers versus those who are optimistic.
The current economic conditions index increased from a revised February reading of 81.3 to 83.7 in May of 2012. The index measuring future economic conditions however decreased significantly to a reading of 96.2 in May of 2012 from a revised reading of 106.9 in February. The uncertainty emanating from potential tax increases both at the state and federal level is negatively impacting consumers’ outlook for future conditions.
The index measuring consumers’ planned spending on big-ticket items increased substantially from the revised February reading of 72.5. The surge in this index to a reading of 101.7 may have been fueled by lower interest rates particularly mortgage rates. In addition, while high gasoline prices curtailed planned spending in the first quarter of this year, the gradual decline in prices is leaving consumers with a higher disposable income inducing a higher level of planned spending.
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California’s housing market continues improvement in June California’s housing market continued to show signs of improvement in June, as home sales experienced solid gains annually and home prices reached their highest level since August 2010, C.A.R. reported this week.
Closed escrow sales of existing, single-family detached homes in California declined 8.6 percent in June from May’s revised 567,330 to a seasonally adjusted annualized rate of 518,460 in June. Year-over-year, June sales rose 8.5 percent. The statewide sales figure represents what would be the total number of homes sold during 2012 if sales maintained the June pace throughout the year and is adjusted to account for seasonal factors that typically influence home sales.
Home prices continued to improve, with the median home price posting both month-over-month and year-over-year gains for the fourth consecutive month. The statewide median price of an existing, single-family detached home was $320,540 in June.
June’s price rose 1.3 percent from a revised $316,410 in May and 8.1 percent from a revised $296,410 recorded in June 2011. The June 2012 figure was 30.7 percent higher than the cyclical bottom of $245,230 reached in February 2009. The median price has posted above the $300,000 level for the third straight month after remaining below that mark for 15 months.
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Short Sale Soundoff: BofA offers tips to avoid common document errors Bank of America has provided a list of required documents to initiate a short sale with an offer in Equator, as well as some best practices to ensure the documents are not rejected.
Required documents:
- Bank of America Third-Party Authorization Form
- IRS Form 4506-T
- 60-day Estimated HUD-1
- Signed Purchase Contract, including Buyer’s Acknowledgement and Disclosure
- Bank of America short Sale Purchase Contract Addendum and Short Sale Real Estate Licensee Certification
Agents also should follow these best practices, recommended by Bank of America:
- Use the correct, current form(s) located on the Agent Resource Center
- Ensure all documents are completely filled out, signed by all relevant parties and legible
- Do not upload blank documents or documents with missing information
- Be sure information across all documents match
The forms listed above can be found at https://agentresources.bankofamerica.com/ss_news_12JUL12
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Fannie Mae issues guidance on private transfer fee covenants Effective July 16, 2012; Fannie Mae will not purchase or securitize mortgages on properties encumbered by private transfer fee (PTF) covenants that were created on or after February 8, 2011. Lenders must establish policies and procedures to ensure that the loans it delivers to Fannie Mae, whether or not the loans were originated by the lender, are not secured by properties encumbered with a private transfer fee that is unacceptable under regulation.
Earlier this year, C.A.R. worked with NAR to oppose private transfer fees, as these fees often increase the cost of homeownership and do little more than generate revenue for developers or investors and typically provide no benefit to home buyers.
C.A.R. issues comment letter on FHFA bulk sales C.A.R., which vehemently opposed the bulk sale of REO properties in California, recently issued a comment letter expressing disappointment and frustration with the Federal Housing Finance Agency’s decision to move forward with its REO pilot initiative in the state.
In the letter, C.A.R. explains that despite overwhelming economic data showing the harm that the REO program would have on the impacted neighborhoods, the FHFA decided to proceed with the initiative.
According to C.A.R.’s statistics, the targeted properties are in markets that have seen significant stabilization over the last three years with median home prices now up more than 19 percent from the market’s bottom in the Inland Empire, the area targeted for the initiative.
Read the letter at http://www.car.org/6437/67037/69413/reopi
Foreclosure inventory continues to decline Foreclosure sales in California were down 13.4 percent in June compared with May and 48.8 percent compared with a year earlier, according to a report by ForeclosureRadar. Notices of Default in the state were down 0.9 percent compared with the month prior.
According to the report, banks in California take an average of 272 days to resell properties they take back at auction. In June, the time to foreclose on a property in California increased 13.2 percent.
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Builder confidence reaches highest point since March 2007 Builder confidence in the market for newly built, single-family homes rose six points to 35 on the National Association of Home Builders/Wells Fargo Housing Market Index in July – the largest one-month gain recorded by the index in nearly a decade. The Index now stands at its highest point since March of 2007.
“Combined with the upward movement we’ve seen in other key housing indicators over the past six months, this report adds to the growing acknowledgement that housing – though still in a fragile stage of recovery – is returning to its more traditional role of leading the economy out of recession,” noted NAHB Chief Economist David Crowe. “This is particularly encouraging at a time when other parts of the economy have begun to show softness, and is all the more reason that the challenges constraining housing’s recovery – namely overly tight lending conditions, poor appraisals and the flow of distressed properties onto the market – need to be resolved.”
Every region covered by the Index posted gains in July, with the West gaining 12 points and rising to 44.
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HUD accepting applications for entities to purchase troubled mortgages Qualified entities interested in purchasing pools of severely distressed loans formerly insured by the FHA can now submit applications for the Distressed Asset Stabilization Program, an expansion of an FHA disposition program that sells pools of defaulted mortgages headed for foreclosure and provides the opportunity for the purchaser and borrower to avoid foreclosure.
According to loan pool information, approximately 3,500 loans will be sold in four metropolitan areas that are among those hardest hit by the foreclosure crisis – Chicago, IL; Newark, NJ; Phoenix, AZ; and Tampa, FL – aligning with other neighborhood stabilization efforts to help those communities recover as quickly as possible. Details on the Distressed Asset Stabilization Program can be found at www.hud.gov/fhaloansales.
Under the program, loans are sold competitively at a market-determined price generally below the outstanding principal balance. FHA then processes an insurance claim, removes the FHA insurance and transfers the loan to the investor. Once the note is purchased, foreclosure is delayed for a minimum of six additional months, giving the new servicer time to work through alternatives with the borrower, possibly finding an affordable solution to allow the borrower to remain in their home. Because the loans are generally sold for less than what the borrower currently owes, the purchaser has the ability to reduce or modify the loan terms while still making a return on the initial investment. If no viable alternatives exist, the purchaser may be able to help the borrower sell the property through a short sale and avoid the costs of foreclosure.
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New anti-deficiency protection for refinance loans Starting January 1, 2013, a new California law will protect homeowners who default on their refinance loans from personal liability for any deficiency following foreclosure. Existing anti-deficiency law protects a borrower from personal liability for the difference between the principal balance and what the lender receives at foreclosure if the loan is a purchase money loan secured by an owner-occupied property with one-to-four residential units. The new law, Senate Bill 1069, extends that anti-deficiency protection to include any loan used to refinance the purchase money loan, plus any loan fees, costs, and related expenses for the refinance. The anti-deficiency protection, however, does not extend to any "cash out" in a refinance, which is when the lender advances new principal not applied to any obligation owed under the purchase money loan. This new law does not affect the other anti-deficiency protections for non-judicial foreclosures (or trustee's sales) and seller financing.
This new law only applies to refinance loans or other credit transactions used to refinance a purchase money loan, or subsequent refinances of a purchase money loan, that are executed on or after January 1, 2013. For purposes of this law, any payment of principal shall be deemed to be applied first to the principal balance of the purchase money loan, and then to the principal balance of any new advance and interest payments shall be applied to any interest due and owing.
C.A.R. supported Senate Bill 1069 in the legislative process as many homeowners do not realize that, by refinancing, they lose their anti-deficiency protection for a purchase money loan. Senate Bill 1069 is similar to Senate Bill 1178 sponsored by C.A.R. in 2010, but vetoed by Governor Schwarzenegger. The full text of the law is available at www.leginfo.ca.gov.
Tip of the Week: Phony short sale approval letters Homeowners and title insurance companies are being warned about counterfeit short sale approval letters from Bank of America.
Scammers are simulating the lender’s approval letters, including the use of similar language and the bank's logo.
In response, Bank of America is asking those who receive letters to verify their authenticity by calling (866) 880-1232, option 1.
The notice follows the arrest and indictment last month of three California men who were accused of schemes involving short sales.
“In some cases, the defendants used short sale approval letters that had been entirely fabricated to carry out their schemes,” the U.S. Attorney’s Office in Los Angeles said in a statement. “As a result, home buyers and investors purchased homes they thought had a clear title but were actually devalued and subject to hundreds of thousands of dollars’ worth of liens.”
In other instances, defendants claimed to have insiders working at the bank who would approve short sales for less than fair market value, federal officials said in the statement. This allowed the defendants to resell the house for a large profit. In some of the scams, defendants assumed the identities of homeowners and then sold or refinanced the properties.
Fast Facts Calif. median home price: May 2012: $312,110 (Source: C.A.R.) Calif. highest median home price by region/county May 2012: Marin, $791,670 (Source: C.A.R.) Calif. lowest median home price by region/county May 2012: Merced, $119,410 (Source: C.A.R.)
Calif. Pending Home Sales Index: May 2012: 128.8, unchanged from April. Calif. Traditional Housing Affordability Index: First quarter 2012: 56 percent (Source: C.A.R.)
Mortgage rates: Week ending 7/12/2012 30-yr. fixed: 3.56% fees/points: 0.7% 15-yr. fixed: 2.86 fees/points: 0.7% 1-yr. adjustable: 2.69% Fees/points: 0.4% (Source: Freddie Mac)
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