Tag Archives: Katonah NY Realtor

Katonah NY Realtor

Mortgages – Upshot of the Foreclosure Backlog | Katonah Homes

About half of the 50 states have judicial foreclosure systems. The housing market crash so bogged down the systems in New York and New Jersey that foreclosures there have routinely dragged on for two or three years; their timelines are among the longest in the country. The national average, which factors in nonjudicial states, is about one year, according to RealtyTrac, which monitors foreclosures nationwide.

The sluggish process has caused a backlog of loans in foreclosure and is slowing the housing market recovery in judicial states, says Michael Fratantoni, the vice president for research and economics at the Mortgage Bankers Association. As of the end of the third quarter, according to the association, 6.6 percent of all loans were in foreclosure in judicial states, compared with 2.4 percent in nonjudicial states.

A study released last summer by researchers at the Federal Reserve Banks in Boston and Atlanta found that the longer properties languish in delinquency or under a bank’s ownership, the greater the negative effect on the value of surrounding properties.

“The best outcome is to prevent the foreclosure,” said Paul S. Willen, an economist and policy adviser at the Boston Fed. “But if it’s clear that can’t be done, it’s in society’s interest to get the foreclosure done as soon as possible.”

In a separate study last year, Mr. Willen and his colleagues question the basis for giving borrowers more time to try to fix mortgage problems. The study found that avoiding foreclosure was no more likely for borrowers subject to either judicial foreclosure, or laws forcing lenders to wait 90 days before beginning foreclosure proceedings, than it was for other borrowers.

Consumer advocates agree that foreclosures are taking too long in some states. High concentrations of vacant properties have taken a heavy toll on certain neighborhoods, said Michael D. Calhoun, the president of the Center for Responsible Lending in Washington. “We agree that borrowers should be considered quickly for loan modifications,” he said. “They’re more successful if they’re done early on.”

But in his estimation, the delays aren’t a result of the protections provided to consumers under the judicial process, because the court process has worked fine in “normal times.” The problem now, he said, lies with the mortgage servicers. “We had a servicing system that was totally overwhelmed by the housing boom and even more so by the housing crash,” Mr. Calhoun said. “The backlog is due to servicer errors and lack of capacity.”

Communication gaps are also a factor, says Mark S. Cherry, a lawyer who represents borrowers in the state-sponsored foreclosure mediation program in New Jersey. His clients must sometimes return to mediation sessions five or six times before finally getting a loan modification. “Persistence breaks resistance,” he said.

Courts, too, have been overwhelmed. In New Jersey, a typical year brings about 24,000 residential foreclosure filings; in 2009 and 2010, annual filings surpassed 60,000.

The courts have since had time to adjust, especially because lenders have halted the processing of thousands of old cases while they work with federal regulators on improving their practices, said Kevin M. Wolfe, the assistant director of the Civil Practice Division of New Jersey’s Administrative Office of the Courts.

New foreclosure cases are moving much more quickly, and there is no backlog, Mr. Wolfe said. The average time for foreclosures filed this year is 6.4 months.

By the time lenders begin processing those old cases, the court should be far better prepared, he said, adding, “We’re not going to be caught up short this time.”

Rising home prices signaling ‘recovery’ | Katonah Realtor

Rising home prices signal ‘recovery,’ analysts sayU.S. home prices rose in September for the sixth straight month, despite seasonal weakness, signaling that the housing market is “in the midst of a recovery,” according to the S&P/Case-Shiller home-price index released this week. The index that looks at 20 cities showed that prices have gained 3% over the past 12 months, echoing other recent positive housing data, such as gains in new construction and existing-home sales. However, despite recent increases, prices are about 30% below peak levels in 2006. And the housing market still faces challenges from shadow inventory, and tight credit standards.Read more about home prices.Sandy hits new-home sales Sales of new single-family homes in the U.S. ticked down in October, with a large drop in the hurricane-hit Northeast while there was a record surge in the Midwest, according to data released by the U.S. Department of Commerce. By region, sales in October fell 32% in the Northeast and 12% in the South. Monthly sales rose a record 62% in the Midwest and 9% in the West. While the new-home-sales data are volatile on a monthly basis, a trend over the last few months has been steady, showing an average U.S. annualized rate of almost 370,000. That average rate is up 17% from a year earlier, but far below a peak rate of almost 1.4 million in 2005.Read more about new-home sales.Third-quarter growth revised higher, but…The government’s estimate for economic growth in the third quarter was revised higher this week, but the news wasn’t entirely rosy. A large portion of the higher estimate is due to inventories, which can be positive or negative. If these goods are sold soon, then the inventories were a good bet. If not, companies will have excess supply on their hands. Read more about GDP.Residential investment grows in third quarterThe economy’s expansion in the third quarter was also due, in part, to faster growth in the housing sector, government analysts said. In the third quarter, residential fixed investment grew at an annualized rate of 14.2%, compared with 8.5% in the second quarter. However, looking longer term, this sector has lost much of its heft. Residential fixed investment— which measures purchases of homes — currently accounts for about 2.5% of the economy, down from a bubble peak of more than 6% in 2005. Read more about GDP. Breakdown of GDP

After consumption was largely responsible for growth in the second quarter, there was a more evenly divided split between consumption, investment and government spending this time around. The big push behind government spending is a one-time boost in defense spending, so that is not likely to be sustained in the fourth quarter.

Katonah NY Realtor | Looking to sell your home, follow these six simple tips

Katonah Realtor |  Looking to sell your home follow these 6 steps

The NAR has it right when they talk about the five steps in selling your home.

1.  Consider comparables

2.  Consider competition

3.  Consider contingencies

4.  Get an appraisal

5.  Be accurate.

6.  Know what you will accept.

8 states where ‘repair and deduct’ could spark eviction | Katonah Real Estate

Q: Our landlord has refused to fix our heater, despite our repeated requests. We’d fix it ourselves, but we can’t afford it. In fact, we’re down to one income and are behind in the rent. The landlord says if we fix it ourselves and deduct the cost from our rent bill, he’ll evict us. Is this legal? –Dale and Candace

A: In every state but Arkansas, residential landlords are required to offer and maintain fit and habitable housing. While a handful limit the guarantee to certain types of tenancies (excluding portions of the guarantee for single-family dwellings, for example), most simply extend the warranty to all tenancies. But that doesn’t mean that all tenants, at every moment, can call upon its protections.

In fact, at least eight states condition a tenant’s right to get action from the landlord on the tenant not being delinquent in rent at the time the tenant gives notice to the landlord of the problem. In Delaware, Massachusetts, Missouri, Nevada, New Hampshire, Texas, West Virginia and Wyoming, tenants cannot avail themselves of some typical remedies — withholding the rent, using “repair and deduct,” or moving out without liability for rent — unless they’re current in the rent.

The policy behind this rule is pretty straightforward — it’s to discourage tenants from staying rent-free while they manufacture habitability problems and fight an eviction. Although the vast majority of tenants do not engage in such behavior, publicized stories of “tenants from hell” who manage to stay in the property while the landlord spends time and money trying to evict them have gotten legislators’ attention.

You’ll need to find out where your state stands on the issue, before you can confidently fix the heater and lower your rent obligation. If you live in one of the states mentioned above, your landlord may indeed have grounds to punish your exercise of a remedy that would otherwise be available to you.

Q: I’ve just learned that one of my tenants was arrested for assault last week. The incident took place in a city park. Can I terminate the tenancy on this basis? –Andre Z.

A: Several states have laws that allow landlords to terminate tenancies when the tenant has committed certain illegal acts. (Many states also allow for termination when there’s an act of domestic violence, but that’s not exactly what you’re asking about.) These laws vary considerably when it comes to what kinds of acts will justify a termination, and how much proof is needed by the landlord.

It’s most common for states to allow termination when the acts affect the health or safety of other residents or tenants. For example, Iowa’s provision targets acts that threaten the safety of the landlord, landlord’s employee, other tenants, or anyone within 1,000 feet of the property. (Iowa Code Section 562A.27A.)

But not all states are similarly limiting — in Tennessee, for example, the landlord can terminate if the tenant “willfully or intentionally commits a violent act,” no matter where it might have occurred. (Tenn. Code Section 66-28-517.)

So you’ll need to check your state law to see whether it gives you the right to terminate under the circumstances. You’ll also need to find out whether the tenant must be convicted of the offense first, or whether you can terminate based on the arrest alone.

First-time Buyers Continue to Fade | Katonah NY Realtor

The first-time homebuyer share of home purchases fell to 34.7 percent in October, down from the 37.1 percent share in June and the lowest first-time homebuyer share ever recorded in the three-year history of the HousingPulse survey.

The decline in first-time homebuyers participating in the housing market comes at the same time that purchases of non-distressed properties have risen significantly this year. In fact, according to the latest Campbell/Inside Mortgage Finance HousingPulseTracking Survey, the non-distressed property share of home purchases climbed to 64.7 percent in October, up from only 55.7 percent back in February and the highest non-distressed property share recorded by HousingPulse in its history. (See Where Did the First-time Buyers Go?)

First-time homebuyers are the only group of buyers tracked by HousingPulse that have not seen their share of non-distressed property home purchases rise over the past five months. Current homeowners have seen the biggest jump in purchases of non-distressed properties with their share rising from 50.0% in June to 54.2 percent in October. Even investors saw their share of non-distressed property purchases inch higher from 11.3 percent to 12.2 percent over the past five months.

But first-time homebuyers have seen their share of non-distressed property home purchases fall from 38.7 percent in June to 33.6 percent in October, the HousingPulse survey results show.

One factor depressing first-time purchases of non-distressed properties is the higher – and rising – prices associated with these homes. But another key factor is the availability of financing for first-time homebuyers. HousingPulse survey respondents identify FHA, with its low 3.5 percent minimum downpayment requirement and slightly looser underwriting requirements, as the primary financing vehicle for first-time homebuyers.

“Financing of first-time homebuyers with low downpayments threatens to become a significant problem in the U.S. housing market,” commented Thomas Popik, research director for Campbell Surveys. “Fifty percent of first-time homebuyers use FHA financing, but FHA insurance premiums are increasing and underwriting is becoming more strict. Private mortgage insurance has started to fill the gap, but the long-term status of private mortgage insurance is in question pending the publication of the Qualified Residential Mortgage regulation resulting from Dodd-Frank.”

Responding to a special “bonus” question in the October HousingPulse survey, real estate agent respondents reported that this year’s hike in FHA mortgage insurance premiums has taken its toll on first-time homebuyers shopping for a home. Respondents also reported that some home sellers are refusing to accept offers from purchasers using FHA financing.

In a further blow to first-time homebuyers, the FHA announced late last week that it planned to raise mortgage insurance premiums by an additional 10 basis points in early 2013 as part of an effort to improve the financial condition of the cash-strapped FHA mortgage insurance fund.

The Campbell/Inside Mortgage Finance HousingPulse Tracking Survey involves approximately 2,500 real estate agents nationwide each month and provides up-to-date intelligence on home sales and mortgage usage patter