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Bedford Hills Homes

FHA may require bailout, after all | Bedford Hills NY Real Estate

A federal agency that insured more than half of all loans for first-time homebuyers last year may soon look to taxpayers to shore up its dwindling finances.

Throughout its 78-year history, the Federal Housing Administration has paid for itself through upfront and annual mortgage insurance premiums charged to borrowers. But next week the agency will issue an independent financial audit that may set the stage for the FHA’s first-ever draw from the U.S. Treasury, Bloomberg reports.

The FHA has been hard-hit by defaults from loans made from 2005 and 2008 and has taken steps to strengthen its capital reserves, including raising mortgage insurance premiums three times in 2010 and again this year. The agency has also tightened credit standards and prohibited seller funding of buyer down payments, a practice the agency estimates will cost it $14 billion on loans issued before 2009.

As of June 30, 25.8 percent of FHA’s 2007 loans, 24.9 percent of its 2008 loans, and 12.2 percent of its 2009 loans were seriously delinquent, according to the Wall Street Journal.

While loans made in subsequent years have been of higher quality, new income from those loans may not outweigh the losses from the previous housing bubble-era loans, Bloomberg said, citing anonymous sources.

In last year’s annual report, the FHA noted its capital reserve ratio, which measures reserves in excess of what’s needed to cover projected losses over the next 30 years, had dropped to 0.24 percent from 0.5 percent in 2010. But an expected recovery in home prices prompted the agency to project capital reserves would return to a congressionally mandated 2 percent ratio by 2014.

This year’s report may be more pessimistic than last year’s because of changes in its economic modeling, lower expectations for home prices, and a revised assessment of loans from earlier years that have been refinanced more recently, Bloomberg said.

The FHA has repeatedly said it will not require a taxpayer bailout. The National Association of Realtors has supported that stance, and urged Congress not to take steps that might discourage homebuyers, such as raising FHA minimum down payment requirements.

Earlier this year, the FHA got some breathing room after receiving a one-time payment of almost $1 billion from a $25 billion national mortgage settlement with the nation’s five biggest servicers.

The government has since sued one of the servicers, Wells Fargo, for “hundreds of millions of dollars” due to alleged “reckless origination and underwriting of its retail FHA loans over the course of more than four years, from May 2001 through October 2005.” The bank claims that the lawsuit violates the terms of the $25 billion settlement and has asked a federal judge to throw the case out.

In a report released last month, the Center for American Progress, a research organization Bloomberg says is aligned with Democrats, says the FHA’s falling capital reserve ratio is a “legitimate concern” but notes the fund still has $21.9 billion in its financing account to cover all of its expected insurance claims over the next 30 years, and the fund’s capital account has an additional $9.8 billion to cover any unexpected losses.

“That’s not enough to meet the 2 percent capital ratio target, but the agency still has plenty of cash on hand to cover its insurance liabilities based on reasonable expectations in the housing market — and even has some extra money set aside for a rainy day,” the report said.

Nonetheless, should the recovery stall and home prices begin to decline, the FHA may need “temporary support” from the Treasury, the report said.

“This support would kick in automatically — it’s always been part of Congress’ agreement with the agency, dating back to the 1930s — and would amount to a tiny fraction of the agency’s portfolio,” the report said.

“It would also be a bargain, considering how taxpayers have benefited from the agency over the past eight decades — and especially the past four years.”

Three to four years ago, the FHA stepped in when the private housing market was collapsing, and, as a result, since then between 3 million and 4 million families have been able to buy a home and another 2 million have been able to refinance through the FHA program, according to Carol Galante, acting FHA commissioner and assistant secretary for housing, speaking at a housing forum hosted by Zillow and the University of Southern California’s Lusk Center for Real Estate last month.

Citing Moody’s economist Mark Zandi, she said if FHA lending had not expanded when it did, the housing market would have cratered and taken the economy with it.

Today, the FHA guarantees about 15 percent of all U.S. mortgages and insures about 7.6 million loans with total outstanding balances near $1.1 trillion, triple the amount it backed five years ago, Bloomberg said.

What’s so great about having a mortgage? | Bedford Hills NY Realtor

DEAR BENNY: For the life of me I cannot fathom why all real estate people insist borrowers keep a mortgage going. My husband and I bought our house and paid it off in five years. Now, instead of getting a deduction off our taxes, we have our paychecks free and clear. I cannot see how paying $1,000 a month for 30 years would have been better. With that money in pocket we amassed nearly $1 million in savings. Here is what it allowed us to do:

  • We paid outright for my college education. No huge debt on graduation!
  • We bought two rental properties, which we also paid off within 10 years and now collect all of the rent. We pay only the taxes.
  • We bought a really nice boat that will be paid off in four years from the rents and no mortgage on our house.
  • We have traveled both the U.S. and Europe with our family.
  • We have put in a swimming pool.

When the market went nuts, we stayed in our 1,600-square-foot, three-bedroom ranch house. It is paid for, and no one can touch it, take it or foreclose on it. If we sold it today, we would still make a profit. My friends who got huge mortgages are truly strapped by their houses for now and for the foreseeable future. They lose sleep over it.

We saved hundreds of thousands of dollars in interest that we get to use as we see fit rather than handing it over to a bank.

I was able to stay home and take care of our kids for five years! All of this from the meager salaries of a teacher and enlisted sailor!

The mortgage deductions we “lost” would have recouped us about 28 cents tops on the dollars we put out. But we would still be under the payments all these years later, losing 72 cents per dollar. Why do you not see that? House rich and cash poor? How? Our paychecks and rents are money in the bank.

When my husband was without a job for a while, we never had to worry about losing the home we love. Nor did we have to worry about choosing to pay a mortgage or feeding our family. We had enough money left over each month to invest and save for retirement so that we don’t have to worry in the future. If we ever need nursing care, our kids can sell the house and not have to be burdened with paying for nursing homes, plus they will still inherit a nice chunk of money.

Unfortunately for my recently passed father-in-law, he followed the advice you all chorus. He was 88 years old and paying a mortgage. Well, the house went into foreclosure when we had to choose to either pay the mortgage or pay for his nursing home. With his severe dementia and being bed-ridden, his house became one more huge burden on my already stressed spouse. His entire “deduction” was less than a few thousand off his taxes. But, the cost to us was unbearable. So he lost everything by keeping up that deduction.

We are still dealing with the foreclosure almost two years later. If he had paid it off, we could have sold it for any amount and been done with it. My own mother, under the advice of a real estate banker, kept a huge line of credit mortgage on her home. Because my dad died, my mother is so burdened with the payments that she is about to walk away from her home of 35 years. Gee, maybe she should be glad she saved 28 percent on her deductions. All those thousands of dollars down a hole.

How do you all justify that logic? I have listened to it all my life and never understood it. Especially after living just the opposite and doing so much better. –Michele

DEAR MICHELE: Thank you for your very interesting observations and comments. You clearly have your life and your financial situation in good hands.

I am not sure that I have ever categorically written “don’t pay off your mortgage.” My message to readers (and clients) over the years is that everyone has different circumstances and different financial situations, and you have to tailor your plans accordingly.

In your case, you obviously did well and appear to be well off. But I have represented (and heard from) too many people who are not as well off as you. They live from day to day, worrying about where they will get the money to pay their mortgage, their real estate tax and their home insurance. They are the people who end up “house rich and cash poor.”

Let’s say you have $100,000 in your savings — not including retirement plans. Let’s also say that your mortgage is $100,000. If you pay it off, you have no savings left for that important rainy day. If you keep the savings, you at least are guaranteed to have sufficient money to make the monthly mortgage and pay the real estate tax should you lose your job or encounter other financial casualties.

However, I have also strongly recommended that homeowners should (if at all possible) start making additional payments on a monthly basis toward their mortgage. If you make the equivalent of one additional month’s payment per year, you will reduce a 30-year loan down to approximately 22 years.

And while I agree that saving 28 cents by way of a tax deduction doesn’t compensate for paying 72 cents’ interest every month, I still believe that under my recommendation, 28 cents’ saving is still a saving.

One final point: With interest rates so low nowadays (hovering in the very low 3 percent), why pay it off? One client recently told me, “I have such a low mortgage interest rate now that I will use my own savings for other investments.”

And, regardless of whether your home is free and clear or burdened with a mortgage, I strongly recommend that everyone obtain a home equity line of credit (HELOC). Typically, banks do not charge for setting this up, and you pay interest only on the moneys you actually borrow. It is a comfortable feeling to have that checkbook in your desk drawer just in case you need quick cash.

DEAR BENNY: My mom no longer wants the responsibility of homeownership. She no longer wants her 3,000-square-foot home and is willing to give it to me, as a gift, if I move in and care for her. If she transfers the title into my name, how will this impact my taxes? Or her taxes? Can she gift it to me for $1? –Anne

DEAR ANNE: You really have to discuss your situation with your own tax adviser, but let me provide you with a general response. Your mother can gift the property to you for zero dollars. However, there are taxable consequences for both of you.

Your mom has the right to gift you up to $13,000 this year completely tax-free. It has been reported that this will increase to $14,000 next year. Any gift over that amount must be reported to the IRS. So, for example, if the house is valued at $200,000, your mom has to advise the IRS of a gift of $187,000. This year the total gift exemption is $5.12 million. While your mother will not have to pay any tax on the gift, it will reduce the total exemption by the amount she reports to the IRS.

I seriously doubt this will be a real problem for your mother, unless she is a millionaire.

You, on the other hand, may have a tax problem. The tax basis of the donor (your mom) becomes your tax basis. So if your mom bought the property for $50,000 years ago and gifts it to you, your basis for tax purposes is $50,000 (I am ignoring any improvements she may have made since some improvements will increase basis.).

The house, in our example, is now worth $400,000. If you go to sell it, you may have to pay a large capital gains tax based on the difference between the $50,000 basis and the $400,000 selling price, less closing costs such as a real estate commission. This can be a large amount of money

Of course, if you will have lived and owned the property for two out of the five years before it is sold, you can exclude up to $250,000 of gain, or up to $500,000 if you are married and file a joint return with your spouse.

In general, I don’t think it’s a good idea for your mom to gift her property. If your mother really wants out, why not arrange to buy it from her for a price that is close to market value — less any real estate commission that does not have to be paid. Your mother can then cancel up to $13,000 of monthly payments each year ($14,000 next year) so in effect you will have gotten that gift.

Your mother may have to pay some capital gains tax, unless she can prove that she has owned and lived in the property for the two years before sale. In that case, she can exclude the gain as outlined earlier.

A Federal Fix for a Foreclosure Fiasco | Bedford Hills Realtor

The U.S. construction industry boomed through most of the 1920s as new office buildings, factories, warehouses and homes were built across the country.

A developing securities market, in which commercial bonds could be sold to finance construction, helped boost the housing surge. In 1928, however, the Federal Reserve tightened monetary policy to stem speculation, especially in the stock market, and housing investment began to fall.

When the global economic crisis triggered widespread unemployment and bankruptcies, property owners’ abilities to make mortgage payments crumbled. This was particularly unsettling because many home mortgages were five-year agreements with a balloon payment due at the end. Banks had repeatedly renewed these contracts, adjusting interest rates to prevailing levels.

As home values rose, families had made frequent use of second mortgages with high interest rates to make improvements or to realize cash for other purposes. By 1932, renewals had vanished and second mortgages went unpaid.

This mortgage-finance system rapidly fell apart. Foreclosures multiplied, to 1,000 a day by late 1932. Assets underlying mortgage loans were deflating even as householders’ payments became unreliable. What was the government to do?

President Herbert Hoover, though reluctant to support big government programs, recognized the scale of this looming disaster. He proposed that Congress create a system of Federal Home Loan Banks, with 12 districts and a membership drawn from mortgage-holding institutions, including insurance companies, cooperative banks and homestead associations.

The core idea was that “bonds, guaranteed by mortgages accepted by the home loan system, will be offered to the public to increase the circulation of money,” the New York Times reported.

The 12 banks would loan as much as $125 million, initially supplied by the Reconstruction Finance Corporation, to distressed building-and-loan firms, taking in good mortgages as collateral. They then would securitize these holdings, thus restoring their cash accounts to fund further lending, increasing the country’s cash flow.

Opposition from the banking industry was immediate. The primary objective was that the loan-bank system “further intrudes the government into private business,” the New York Times reported. “There is no lack of funds at present for the use of home mortgage institutions. The bill would encourage unhealthy home building.” Even worse, the home-loan banks’ bonds couldn’t be sold.

Despite objections, House and Senate committees pushed the bill forward, and on July 22, 1932, Hoover signed the legislation. The new institution’s chairman, Franklin Fort, soon called for a mortgage holiday to stop foreclosures until the system could get up and running. Forty states confirmed their assent.

The Federal Home Loan Banks opened their ledgers on Oct. 15, though it was far from clear, as New York Representative Fiorello LaGuardia put it, whether “the influence of selfish institutions would predominate” over the needs of hard-pressed homeowners.

Hoover had tried his best, and Election Day was just three weeks ahead.

(Philip Scranton is a Board of Governors professor of the history of industry and technology at Rutgers University, Camden, and the editor-in-chief of Enterprise and Society. He writes “This Week in the Great Depression” for the Echoes blog. The opinions expressed are his own.)

Read more from Echoes, Bloomberg View’s economic history blog.

To contact the writer of this blog post: Philip Scranton at scranton@camden.rutgers.edu.

To contact the editor responsible for this blog post: Kirsten Salyer at ksalyer@bloomberg.net.

Communication Breakdown | Bedford Hills NY Real Estate

REDUNDANT MECHANISMS that fail to communicate with one another can make using Mac OS X Lion more confusing than it should be.

Consider the screenshot shown here. While Apple’s Software Update knows that I have downloaded the latest version of iPhoto (“Your software is up to date”), Apple’s App Store, pulling from a different database, does not know that I have already installed iPhoto. It only knows that a new version is available.

Because the App Store’s left hand doesn’t know what Software Update’s right hand has already downloaded and installed, the App Store flashes a red download alert badge, urging me to download 500MB of Apple software that Apple’s OS has already installed on my Apple machine.

Suppose I don’t bother to check Software Update and verify that the App Store’s “Update” tab is urging me to take a nonsensical action. Suppose I actually go ahead and click “UPDATE” in the App Store’s “Update” tab. What will happen?

The software, all 500 MB of it, will download again, and install itself again. That’s what will happen.

And the cream of the jest? After installing the software again, if I click into the “Purchases” tab of the App Store, the “Purchases” tab will inform me that an iPhoto update is available, and urge me to install it. And if I have been huffing nitrous all day and take Apple’s advice, the 500 MB package will download for a third time and install itself a third time.

And you thought Retina images were tough on bandwidth.

(A friend tells me that Mountain Lion resolves this clustercuss by removing Software Update from the equation. I suspect that those of us still using Lion are receiving unintended anal leakage from UI decisions that make sense in Mountain Lion but are idiotic in Lion. Click

Must-knows before secretly recording your tenants | Bedford Hills NY Real Estate

Q: One of my tenants wants to meet with me to go over some issues we’re having with him. He has complained that we are discriminating against him, and has threatened to file a complaint. I think he’s just trying to get some money out of us, and I want to record the conversation so that I have evidence of his thinly veiled threats in case I need it. Is there anything illegal about recording our meeting? –Dustin J.

A: There’s no legal problem at all in recording your conversation with your tenant as long as you tell the tenant, at the outset, that your recording device will be switched on. If your tenant doesn’t want to be recorded, he can simply leave the meeting. If he agrees, the recording can be shown to your lawyer and any lawyer or fair housing agency contacted by the tenant, and could conceivably be introduced as evidence in court.

But are you asking whether you can secretly record the meeting? The answer to this one is quite different. Many states, including California, Connecticut, Illinois and Georgia, do not allow a party to a conversation to intentionally record it without all participants’ permission.

In California, for example, the violation is a criminal offense (a misdemeanor), and it exposes the perpetrator to civil damages as well. (Calif. Penal Code sections 632 and 637.2.) But importantly, in order for the recording to be illegal, the conversation must have taken place in a place and manner that gave rise to a reasonable expectation of privacy on the part of the person being recorded.

For example, a loud argument at the community pool, which is recorded by someone’s cell phone (not necessarily by one of the speakers), probably would not be a violation of the law, because no one could reasonably expect that the conversation would be confidential. Not so if the meeting takes place behind closed doors, with only the two speakers present.

You’ll need to find out whether your state prohibits secret recordings. If it does, do not proceed. Doing so is a crime, although it’s not too likely that a prosecuting attorney will be interested in prosecuting a single offense.

Many times, however, people record conversations and then later tell their lawyers about the recording. A lawyer might be able to use the recording in court in a very limited circumstance: If the other side testifies under oath in a way that’s inconsistent with statements made on the recording, a judge might allow the recording into evidence to discredit, or impeach, the witness’s testimony. Some states have decided that it’s more important to expose a liar than to uphold their state’s rule against secret recording.

Q: A family applied for a two-bedroom apartment. Because the family included a teenage boy and girl, I thought that the place was too small for them, because the kids would each need a bedroom. The family told us that the kids don’t mind sharing a room, but it seems wrong to me. Can I reject them without risking a fair housing complaint? –Larry L.

A: You may mean well, but your conclusions about what is proper or not will not legally support your position. The federal Fair Housing Act prohibits landlords from discriminating against applicants and tenants on the basis of their “familial status.” Among other things, this means that the landlord cannot make decisions about how families should allocate bedrooms (not only are family sleeping arrangements none of their business, but all too often, landlords make this issue a pretext for turning families away). As long as the space meets minimum size requirements for a sleeping room, as established by your state building codes, it’s none of the landlord’s business who bunks with whom.

A family that thinks you are making decisions based on the age and sex of their children may consider calling the local HUD (Department of Housing and Urban Development) office. They can file a complaint online. HUD will investigate the matter (or have an equivalent state agency do it for them), and if there’s a basis for their complaint, they’ll attempt to settle the case. If that goes nowhere, it will go before a judge, who has the ability to compensate the tenants, order you to offer the rental, order you to attend fair housing education classes, and more.

7 musts for maintaining a redwood deck | Bedford Hills Realtor

Q: My redwood deck is about 2 years old and needs a good cleaning. Which product would you recommend to clean a redwood deck and what sealant should I use? I like a clear, natural finish.

A: You’re right at the outside edge there. If a redwood deck gets a fair amount of sun, it should be cleaned and resealed at least every second year. If it’s mainly shaded and you haven’t developed mildew, you can get by with doing it every three years. Cleaning and sealing should be viewed as a regular maintenance program and will prolong the life of the deck as well as maintain its look.

Although we’ve addressed this subject many times, a quick refresher course is in order.

For longevity and aesthetics, apply a preservative to outdoor wood. It can either be semitransparent stain or clear preservative. While stain will change the color of the wood, a clear preservative will darken and enrich its natural color. An example is redwood, which is a light red, almost pinkish color in its freshly milled state but turns to a deep red rose when treated with most preservatives.

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Many companies make sealants and stains for outdoor wood. Some of the better-known brands are Cabot, TWP, Defy and Armstrong. For a clear finish, our favorite has always been DuckBack’s Superdeck, a sealer that offers protection from the sun’s ultraviolet (UV) rays. But we recommend you do your own research by going to deckstainhelp.com and clicking on “product reviews.”

Frequency of sealing depends on exposure to weather and use. A maintenance program consists of cleaning the deck, removing any mildew, and applying a new coat of preservative.

Although we continue to believe that the best way to clean a deck is with a pressure washer, a stiff-bristle brush and plenty of elbow grease will do the job, especially if cleaning is done regularly. Think about going to the dentist to have your teeth cleaned. The job is a lot easier and less painful if it’s done at regular intervals.

A pressure washer sends out a pressurized fan of water that makes short work of surface dirt, mold and mildew. These machines are available at rental centers and can be purchased at home centers. If you get along well with your neighbors, consider getting two or three of them to chip in on buying one and then sharing it.

We recommend using a pressure washer that can produce a stream of water of at least 1,500 pounds per square inch (psi). Be sure to keep the wand moving so you don’t blast softer wood away from the surface and leave a rippled effect on the deck. Deck cleaners formulated for use with pressure washers are available where the machines are rented or sold.

If you go the brush route, use a stiff-bristle brush and deck cleaner mixed in a bucket of water in the proportions the manufacturer recommends. Use a brush attached to a broom handle to save wear and tear on the back and knees.

In shaded, moist areas, mildew can be a problem. Wash with a weak bleach solution — 1/4 cup of bleach to a gallon of water — to kill the fungus before pressure washing or scrubbing.

Once cleaning is completed, thoroughly rinse the deck with clear water and allow the deck to dry for several days. Then brush, roll or spray a coat of UV protective water-repellent sealer or stain. We found some excellent “how to” videos on the Superdeck website.

So, to sum up:

  • Pressure wash your deck rather than sanding it.
  • Clean and treat your deck with a preservative every two years.
  • Remove any mildew by pressure washing thoroughly.
  • Use a pressure washer with at least 1,500 psi.
  • Use the fan setting on the nozzle and keep it moving to prevent a ripple effect.
  • Use a chemical deck cleaner for really bad decks.
  • Apply sealer or stain.