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December 2008

Our Best Tips for Buying a Frederick Foreclosure in 2009

Dec. 16, 2008

With 1 in 10 homeowners either in foreclosure or in default nationally, foreclosures are driving the real estate market, and its not any different for the Frederick Real Estate Market.  Recent estimates say that in the next four years, 8.1 million homes - 16 percent of all mortgages - will be in foreclosure.  If foreclosed homes, or REO's, are going to be a major driver of the Frederick Real Estate market for the next 4 years, we will have to learn how to make the best of the situation.

Karen put together a tutorial with our best tips for buying a foreclosure in Frederick.  We are making 2 main points in the title above: 

  1. We are giving tips for the Frederick Real Estate Market, because all real estate is local.  These tips don't neccessarily work in other locations.  For instance, Austin Real Estate agent Garreth Wilcock writes that in his market, there aren't too many foreclosures, so they aren't driving the market. 
  2. We are giving tips for the Frederick Real Estate Market in 2009, because the market could be totally different in the years after.  (We've learned from the volitility of these past few years, haven't we!) 

We've experienced two major tactics from the banks as they've tried to unload their properties in 90 days or less:

  1. The bank lists the home at market value, as best interpreted by the BPO, Broker Price Opinion.  Then they systematically lower the price every 2 weeks until some smart buyer snaps it up.  The buyer ends up getting the property at 10 or 20% below market, insulating themselves against further market decline, which is still possible thoughout '09 and '10.   Or,
  2. The bank lists the home at 20% to 30% below market value and creates a bidding war within the first 2 weeks on the market.  The lucky buyer usually wins out by offering more than list (which, remember, is 20% to 30% below market already) and ends up getting it somewhere in the neighborhood of 10 to 20% below market, thereby insulating themselves against further market declines.

 Here are our observations about winning in the Frederick REO real estate market:

Frederick Real Estate Market: Foreclosures and REO's

  1. Work with an experienced, knowledgable Frederick Real Estate Agent.  You need to be able to trust that your agent knows the market, knows how to negotiate, and knows how to guide you to get the best deal possible.  If you don't know that a property is already 30% below market, and you bid low, thinking you'll get a 'steal', someone may out-bid you, knowing that it is already a steal.
     
  2. Make sure your Realtor is technically experienced and can go over the bank's addenda with a fine tooth comb.  Every bank has their own addenda that have been created by their legal team, and these addenda can supercede the MAR (Maryland Association of Realtors) contract or the Regional contract of sale.  We just saved a buyer a chunk of money by carefully reading the paragraph about the transfer taxes.  We insisted that the addendum be modified, which would not have been possible later, after the deal was ratified.  Don't assume that every agent understand the details and is careful enough.
     
  3. A bank, unlike most sellers, is in the loan business, and your financing will receive more scrutiny.  They don't want the house back on the market in 30 days because your loan didn't go through.  Make sure you have a strong lender letter, preferably from a direct lender, not a broker.
     
  4. Don't forget cash is King!  If there is little cash in your offer, and you are in competition, and you more than likely will be, they most likely will not look favorably on your offer.
     
  5. Home inspections, if they are accepted at all, typically are done without remedy, except to provide an out for the buyer, if they find something they just can't live with.  The banks, while they hope you enjoy the home, will in no way make repairs to a home they have never been in. 
     
  6. Speaking of home inspections, remember that more than likely the homes have been winterized, meaning no water, no electricity.  Bring a flashlight, and be aware that even the best home inspector is limited.

    Buying a home in the Frederick REO market, in all truth, does carry some risks, but armed with knowledge, some cash, and the right agent, any buyer can secure a great home at a price enough below market to insulate themselves for the possible further decline in values.  Contact us to see some of these sweet deals.

Search the MLS for your Frederick Home        What is my Frederick Home worth?         
 

              The Highland Real Estate Group                      
                           Chris & Karen Highland 
               Frederick County MD Real Estate Agents
            Specializing in Frederick County Real Estate 
                                 301-831-9947
                          Real Estate Teams, LLC
                            isell4u2@msn.com 
                            Pictures of Frederick

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How to Appeal Your Maryland Home Value Assessment

Dec. 10, 2008

With the property values decreasing 10% to 15% year over year these last 2 years,  Maryland homeowners might want to consider appealing their property value assessment, which determines their property taxes.  Property taxes have skyrocketed over the last few years, along with the inflated real estate market we’re recovering from.

 Its really not that complicated.  Here is my Primer on the Mid-Cycle Appeal Process:

Appeals may be filed on 3 occasions: 

1)  When you purchase your house between January 1 and June 30. 
2)  Upon receipt of an assessment notice; the cycle is every 3 years.  The next notices will come out July 1, 2009.  You have 45 days to appeal.  If your appeal is successful, you will not see the effect on your taxes until the next year.  That’s why you might want to appeal…
3) mid-cycle, that’s what last night’s meeting was about. 

Property value assessments are always lagging indicators, they follow the market.  That’s why you won’t see them come down to market value until well after the market value is established.  Assessors and appraisers (usually) use the statistics from the previous 6 months to get values, so its always after the fact.  (BTW- its the same as values increase.)

The mid-cycle appeal process:

1)  Petition for Review, using a one-page form you can find on the SDAT website.  There is a lot of useful Tax and Assessment information on the site.
     
      A.  The important part of this form is the supporting documentation you need to attach.  You need to have some kind of compelling evidence that your values have declined.  There are several items that would be appropriate.  
             
              1.  Any friendly, helpful Frederick County Realtor can look at the recent sales in your neighborhood and give you the information.  Contact us by phone (301-831-9947) or email, we’ll be happy to help.
              
              2.  If your home is not easily comparable, perhaps you live in an area that is not in a neighborhood, or your home is very unique, you should seriously consider an appraisal.  The cost is somewhere between $300 and $500 on average, depending on the size of your home, and is well worth it.  There are several appraisers in the area, we can recommend someone.
             
              3.  You can call the SDAT and ask for information about other properties that have successfully appealed.  You can put together a compelling appeal based on the successes of others.  I have found the staff at the local SDAT office to be very friendly and helpful. 

              4.  You can do your own research at the Courthouse, finding recent sales.  You can find recent sales in the newspaper.  The assessment office has worksheets of comparable properties for a nominal fee.  *In my opinion, you might not have time for this, I’d use a customer service-oriented Realtor.*  Or pay the fee for an appraiser.

     B.  Mail the Petition with supporting documentation to your local assessment office. * Addresses below * 

     C.  You will be scheduled for a hearing, or, if you prefer, your petition can be reviewed without a hearing.  We were told that the law stipulates that you must be notified in writing. 

1.5)  The first level of the appeal process is the Supervisor’s level and is informal.  Hearings usually take about 15 minutes, in which you will present your evidence to an assessor.  You can obtain a copy of the information worksheet that the assessor will use from the website.  It seems to me that studying this worksheet will give you an edge.

2)  After the hearing, you will receive a final notice.  If you have done an adequate job of documentation, you should receive good news.  If you disagree with the decision, you can appeal to the next level, the Property Tax Assessment Appeal Board.  The appeal must be filed within 30 days from the date of notice.  The independent appeal board is made up of 3 local residents in each of the counties which have been appointed by the Governor. 

3)  If you still are dissatisfied with the results, you can go to the Maryland Tax Court.  This is a legal body, whereas the first two steps are based on opinion.  The assessor who shared this with us last night said he had only seen 2 cases in 30 years go to the Maryland Tax Court.  It doesn’t sound too promising, so you want to get step number 1 right.

__________________________________________________________________________________

                      Here are some tips from the Assessment office 
                          to help you prepare your documents:
                      *  Focus on those points that affect the value of your property.
                      *  Indicate why the Total New Market Value does not reflect the market Value.
                      *  Identify any mathematical errors on the worksheet, or inaccurate information
                          describing your home.
                      *  Provide examples of sales of comparable properties which support your 
                          findings.
                      *  Avoid issues that are irrelevant:  past values, additional costs, the amount
                          of the tax bill, and properties in other jurisdictions.

My suggestion:  When you get the sales comparables, make an easy to read table with the statistics from each of the properties.  Make your letter short and sweet and to the point.  The assessor told us last night that they do 4,000 to 6,000 properties a year.  You might stand a better chance if you make your documentation really easy to read. 

_________________________________________________________________________________

Local Offices: 

FREDERICK COUNTY
Doris J. White, Supervisor of Assessments
5310 Spectrum Dr, Suite E  
Frederick, Maryland 21703
Hours: 8:00 to 5:00
(301) 815-5350
FAX (301) 663-8941
E-mail:
fred@dat.state.md.us
Frederick County Home Page
Reassessment Map

WASHINGTON COUNTY
Jerry L. Elmore, Supervisor of Assessments
3 Public Square
Hagerstown, Maryland 21740
Hours: 7:30 to 5:00
(301) 791-3050
FAX: (301) 791-2925
E-mail:
wash@dat.state.md.us
Washington County Home Page
Reassessment Map

MONTGOMERY COUNTY
John Brennan, Supervisor of Assessments
30 W. Gude Drive, Suite 400
Rockville, Maryland 20850
Hours: 8:00 to 5:00
(240) 314-4510
Commercial (240) 314-4530
FAX: (301) 424-3864
E-mail:
mont@dat.state.md.us
Montgomery County Home Page
Tax bills & payments
Reassesment Map

CARROLL COUNTY
Larry C. White, Supervisor of Assessments
Winchester Exchange
Rear 17 E. Main Street
Westminster, Maryland 21157
Hours: 8:00 to 5:00
(410) 857-0600
FAX: (410) 857-0128
E-mail:
carl@dat.state.md.us
Carroll County Home Page
Reassessment Map

Search the MLS for your Frederick Home          What is my Frederick Home worth?         
                    

                The Highland Real Estate Group                      
   Chris & Karen Highland * Frederick County MD Real Estate Agents
                    Specializing in Frederick County Real Estate 
                                       
301-831-9947
                                  Real Estate Teams, LLC
                                      
isell4u2@msn.com 
                                   
Pictures of Frederick

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Loan Modifications...Will a Class-Action Lawsuit Put a Monkey Wrench in the Works?

Dec. 3, 2008

The latest in the ongoing saga of the loan modification proposal for Bank of America's (once Countrywide) 400,000 troubled mortgages just hit the news.  On Monday, Dec. 1, a private investor, William Frey,  filed a lawsuit in New York State Supreme Court alleging that the proposed modification is illegal. Hoping to make it to class-action lawsuit status, Frey's case argues that most of the Countrywide loans do not belong to Countrywide or Bank of America, but rather are owned by trusts that bought them through securitization, or the secondary market.

While the lawsuit names 371 different securitizations, Frey’s fund holds certificates in only one.  The problem is that the language used in the contracts, never spelled out how to handle modifications to loans for borrowers who cannot afford their mortgages.  The language was very vague, until more specific language started to be used in 2007, when the 'Mortgage Meltdown" caused problems to grow exponentially.

He actually has a very good legal point.  Investors who bought Mortgaged Backed Securities have contractual agreements that are being usurped by these Loan Mod proposals.  The legal precidents, of course, matter because of the financial outcome, which would be the weakening of secondary markets, and even the risk of permanent damage.  Without the securitization of mortgages on the secondary markets, the housing industry would shrink in damaging proportions.

The other major issue is the damage to investor confidence, and the financial effect which will be inevitably passed on to homeowners.  "The public policy problem going forward is, if Congress can legislate or a judge can break the contract, then I as an investor will demand a much higher premium," says a mortgage-company risk officer. "I can't model and price something that is 'oh gee, we're going to change the rules.' It's a big problem."  So all of the increased risk gets passed on to future homeowners.

Not to mention the losses that will be incurred, bondholders will lose $8.4 billion by reducing borrower payments.  Adding insult to injury, the speculation is that BofA isn't paying for the modifications out of its own pocket, but "out of the bondholders' money. 

And here is a nasty little statistic:  The RE-Default rate on loan modifications is 50%, meaning that half of the loan modifications done end up defaulting a second time.  This staggering statistic throws a questionable light on the enormous costs to both taxpayers and investors, at the gain of what? 

We'll keep following this lawsuit which promises to be a precident setting event. 

 ___________________________________________________________________

UPDATES:

The Subprime Shakeout - Feb 10, 2009

Bill Frey Receives an Invitation from Congress - May 17, 2009

Frey's Letter to Congress - Nov. 12, 2008

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