This program is heavily used in the boonies  the sticks Greater Minnesota. This is a big change for Rural America and likely to cause some short-term issues for both buyers and sellers.

When a 2nd mortgage holder can only recover 3% of the loan or $3000, whichever is LESS, and they have to release the seller from all future liability, I can see why they will not be quick to take the deal.  In Minnesota, a foreclosure does not wipe out the 2nd lienholder’s rights and therefore it’s quite possible that they will seek future payments via collections – I could imagine them getting far more than 3% back that way.

While some 2nd mortgage companies have already been taking payments around this amount, many will not and I don’t see that changing – HAFA will help, but it will help far more on homes where there is only one mortgage vs two.

Countdown timer above shows what little time is remaining for home buyers and sellers to take advantage of the tax credits!  To review:

• 1st time home buyers or those that have not been a homeowner for 3+ years may be eligible for an $8000 tax credit.
• Current homeowners who have lived in their home for 5 of the past 8 years may be eligible for a $6500 if they sign a purchase agreement for a new primary residence prior to May 1, regardless of if/when they sell their current home.

Everyone looking to take advantage of one of these tax credits needs to have an accepted purchase agreement no later than April 30th, 2010 and that sale must close by June 30th, 2010.

If you are a buyer looking at foreclosures, make sure you leave time for the bank to sign the paperwork.

If you are a buyer looking at short sales, it looks like you just need to have agreement with the seller (subject to approval from the seller’s lender) by April 30th, though you still need to close by June 30th and should also speak to your tax advisor about the situation prior to making a decision to sign a purchase agreement.

If you are a seller or potential seller, now is the time to get your house in tip-top shape, list it for sale, market the house heavily and price it to sell – it takes 23 showings on average to sell a home and those showings take time to happen!

What I’m wondering is at what point do commissions get so lucrative that it can severely influence an agent’s actions in representing their buyer?  Since discussing “usual” or “typical” commissions in a public forum can lead to antitrust issues, I won’t discuss numbers but I will say that 5% is above any buyer cooperative commission (buy-side only) that I’ve ever received.

For as long as I’ve been in the business (on my 8th year now!) I’ve heard grumblings of suspicion that some agents working with buyers put a bias towards listings that pay them higher commissions.  In many ways it makes sense – most agents are paid on commission only so selling a higher-priced listing or one with a higher payout does directly affect what they earn.  While it may make sense, steering a client based off of compensation reasons is unethical and violates Agency laws in Minnesota (and likely most other states too).  Needless to say, the influence is there and I have no doubt that some agents practice this, though I truly believe that most agents are true to their clients and don’t let a fatter commission check affect their representation of their client.

What concerns me here is that at some point the commission dollars get to be big enough that it becomes a much bigger enticement and therefore the chances of agent influence become higher.  Even if there is no true influence, the mere appearance of a conflict of interest becomes apparent.

On the flip side, this is a great marketing tool by DR Horton – they attract lots of interested agents to see if DR Horton has a house that fits their buyer’s needs since it would be a big fat payout for the agent.  DR Horton only has to pay that commission on closed sales that meet their rules, so a penney isn’t spent unless there is a result.  Also, since this is only for inventory/spec homes, what they’re doing is putting them on a kind of clearance sales so that they don’t have to keep paying the carrying costs for a vacant completed home.  Smart.

There are two sides to this – I’m curious on what anyone else may think about this.  Please comment!

As Chris Snowbeck from the Pioneer Press notes in a recent article, the HousingLink data is good news but can’t be considered a sign that the foreclosure problem is waning – there are many efforts being made to reduce foreclosures and they’ve had an impact temporarily but not all these efforts will be successful and there are still a lot of in-default homeowners that will need to be addressed one way or another in the coming quarters.

The Pioneer Press also has a great writeup on the MBA data in our local market - while an amazing 6.9% home loans 90+ days delinquent or in foreclosure, the percentage of loans 30-59 days delinquent has remained very flat for over a year and is showing signs of a downtrend in recent quarters - a good sign that locally borrowers current on their mortgages are having an easier time doing so.   I’d love to pour over more info in their report but they want a princely sum of money to see it and I’m not paying.

4 Bdrm 4 bath 4,400 sq./ft. hillside home on 4 plus acres, 7 min. from Middleton. Master suite with whirlpool and deck. Fieldstone fireplace, wraparound porch, storm/wine cellar, spectacular room to grow marijuana, open floor plan, elevator and handicap accessible with in-law suite. 2 1/2 car garage with lower level shop. Separate 40′ x 60′ commercial grade shop with loft, office and 3/4 bath. Perfect for toys or animals. Middleton-Cross Plains schools. $675,000

So say the MLS remarks of this listing.  Don’t believe me?  Here it is on the MLS itself, along with the contact info for the listing agent and the seller, who appears to be representing himself.

How on earth is this possible?  Well, based on what I can see, this broker seems to allow sellers to enter their own listings into the MLS, a horrifying thought.  The other option is that this was input by the listing agent… which seems more horrifying than the seller doing it.  In case the property details have been changed by the time you read this, here is a PDF of the marijuana house (2).

I occasionally see comments from the public saying things like: REALTORS are worthless, the MLS is a monopoly that needs to be forced to allow anyone to publish to it, MLS data should be public, and that Google/Trulia/Zillow/Craigslist make the MLS a thing of the past.  My counter to those comments is now clearer than ever: just look at this listing.

However this listing was posted to the MLS, the content of it is not permitted.  Because the MLS is controlled by a professional organization (the REALTORS), there will most certainly be a correction made and it is highly likely (hopefully) that some kind of penalty will be issued to the agent.  When it comes to accurate information about homes for sale or those that have sold, the MLS is in a field of its own.  While there are problems that do arise occasionally (this is an extreme example) this data is far more consistent and accurate than public options because it is a controlled system.

REALTORS are no longer the gatekeepers to the listings of homes for sale, but when it comes to ensuring the data is reliable, we still play the key role.  Most of the sites consumers use online to find homes for sale use data that originally came from the REALTOR and/or MLS.  I spend a lot of time helping buyers find the right house and helping sellers find a buyer, but I’d spend a whole lot more time if I didn’t have a reliable resource to use.

Because I have reliable information, even though finding the right house may take a lot of time, it is by far the easiest part of my job – its everything that happens after the right house is found that takes all of my skill, experience and knowledge.  Every day this job takes more to do right, something that runs counter to what you’d expect in an industry in the midst of a technology shift.  The problem is that no matter what new gadgets, software and web sites may be made, real estate is very complex and variable.  Though there are certainly both good and bad agents, this job would be practically impossible without the systems we REALTORS have in place.

Foreclosures and Short Sales in the Twin Cities (updated monthly – co-created by me!)
Twin Cities Housing Market Activity Report (updated weekly)
City-Level Housing Market Data (updated monthly)
Twin Cities Monthly Market Activity (updated monthly)
Twin Cities Housing Supply Outlook (updated monthly)
Residential Real Estate Activity Report (RREAR) (updated yearly)
‘The Skinny’ Blog (updated weekly or more)
‘The Skinny’ Stats Video (updated monthly)

All of these reports done by 10k Research and Marketing.

As is typical for them, the Minnesota Home Ownership Center has just put together a great post describing how sellers that lose their house through foreclosure (or even via short sale) can be sued by the lien holder (bank) after everything is done.

It comes down to this: if you are having troubles making your mortgage payments or are considering foreclosure or a short sale, you need to do some research and speak with an expert.  The sooner you reach out for assistance the more options you have available to you.

• Extends the First-Time Home Buyer Tax Credit of up to $8,000 to first-time home buyers until April 30, 2010.
• Expands the credit to grant up to $6,500 credit to current home owners purchasing a new or existing home between November 7, 2009 and April 30, 2010.

Here is more information about how the Extended Home Buyer Tax Credit can help prospective home buyers become part of the American dream. If you have specific questions or need additional information, please contact a tax professional or the Internal Revenue Service at 800-829-1040.

Who Qualifies for the Extended Credit?

• First-time home buyers who purchase homes between November 7, 2009 and April 30, 2010.
• Current home owners purchasing a home between November 7, 2009 and April 30, 2010, who have used the home being sold or vacated as a principal residence for five consecutive years within the last eight.

To qualify as a “first-time home buyer” the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase.

If you purchased a home between January 1, 2009 and November 6, 2009, please see: 2009 First-Time Home Buyer Tax Credit.

Which Properties Are Eligible?

The Extended Home Buyer Tax Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops.

How Much Is Available?

The maximum allowable credit for first-time home buyers is $8,000.

The maximum allowable credit for current homeowners is $6,500.

How is a Buyer’s Credit Amount Determined?

Each home buyer’s tax credit is determined by two additional factors:

1. The price of the home.
2. The buyer’s income.

Price

Under the Extended Home Buyer Tax Credit, credit may only be awarded on homes purchased for $800,000 or less.

Buyer Income

Under the Extended Home Buyer Tax Credit, which is effective on November 7, 2009,  single buyers with incomes up to $125,000 and married couples with incomes up to $225,000—may receive the maximum tax credit.

These income limits have changed from the 2009 First-Time Home Buyer Tax Credit limits. If you  purchased a home between January 1, 2009 and November 6, 2009, please see 2009 First-Time Home Buyer Tax Credit.

If the Buyer(s)’ Income Exceeds These Limits, Can He/She Still Get a Credit?

Yes, some buyers may still be eligible for the credit.

The credit decreases for buyers who earn between $125,000 and $145,000 for single buyers and between $225,000 and $245,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income—over $145,000 for singles and over $245,000 for couples are not eligible for the credit.

Can a Buyer Still Qualify If He/She Closes After April 30, 2010?

Under the Extended Home Buyer Tax Credit, as long as a written binding contract to purchase is in effect on April 30, 2010, the purchaser will have until July 1, 2010 to close.

Will the Tax Credit Need to Be Repaid?

No. The buyer does not need to repay the tax credit, if he/she occupies the home for three years or more. However, if the property is sold during this three-year period, the full amount credit will be recouped on the sale.

The other very interesting trend is the dramatic increase in cash transactions.  In 2007 and years prior, Cash purchases made up approximately 5% of total properties purchased.  In 2009, that number had soared to 17% – a 240% increase in just 2 years!  This substantial shift is largely related to the increase in foreclosure property sales – many of these properties are in such bad shape that they cannot be financed.  In other cases it is an investor buying for solid cash flow as a rental or to rehab the property and resell.

So many condos built from 2005-2008 in the last boom were purchased either at the top of the price curve and/or were bought with challenged loans or borrowers.  This has meant some buildings having 50% (or maybe more) of their units go back to the bank.  When that happens you have underfunded associations with expenses well above income, small or non-existent reserves and prices spiraling down.

In single family homes, if there are foreclosures around yours you will see some effect on your value but often it can be partially mitigated by your property’s unique characteristics and condition.  Additionally, an appraiser can also search the rest of the neighborhood for comparables to yours. 

When you are in a condo building, most of your comparables are the others in your building.  When you have only a few floor plans in a building and units that are only a few years old, it is very hard to argue that there is a huge difference between your “traditional seller” owned home and a bank owned REO.  With each additional sale prices fall further and more and more owners become upside down on their mortgages, which may lead some to simply walk away from their mortgage and lead to even more foreclosures.

Often these buildings become almost impossible to finance.  For many of these buildings, cash is the only way to buy them.  With FHA eliminating spot approvals for condos and further tightening lending guidelines, more buildings are about to become cash-only financing.  If you look at the financial landscape of buyers, most are taking out a loan to purchase.  Without a financing option, the pool of potential buyers shrinks even more and we see prices further decline and investors swooping in to pick these units up on the cheap.

I have seen quite a few condos that could be financed with payments well below equivalent rents – meaning these units are DEALS.  Unfortunately even though they’re good deals now (some down 40% – 60% from their peak) if they can’t be financed they aren’t an option for the majority of buyers.

Once these buildings have gone through foreclosure and are owner-occupied again, budgets and the overall health of the association will likely improve dramatically.  But until we can secure financing for owner-occupant buyers, what are we to do?

Just-before-print update:  Fannie Mae Relaxes Condo Funding Rules in Florida

• Extends the First-Time Home Buyer Tax Credit of up to $8,000 to first-time home buyers until April 30, 2010.
• Expands the credit to grant up to $6,500 credit to current home owners purchasing a new or existing home between November 7, 2009 and April 30, 2010.

Here is more information about how the Extended Home Buyer Tax Credit can help prospective home buyers become part of the American dream. If you have specific questions or need additional information, please contact a tax professional or the Internal Revenue Service at 800-829-1040.

Who Qualifies for the Extended Credit?

• First-time home buyers who purchase homes between November 7, 2009 and April 30, 2010.
• Current home owners purchasing a home between November 7, 2009 and April 30, 2010, who have used the home being sold or vacated as a principal residence for five consecutive years within the last eight.

To qualify as a “first-time home buyer” the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase.

If you purchased a home between January 1, 2009 and November 6, 2009, please see: 2009 First-Time Home Buyer Tax Credit.

Which Properties Are Eligible?

The Extended Home Buyer Tax Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops.

How Much Is Available?

The maximum allowable credit for first-time home buyers is $8,000.

The maximum allowable credit for current homeowners is $6,500.

How is a Buyer’s Credit Amount Determined?

Each home buyer’s tax credit is determined by two additional factors:

1. The price of the home.
2. The buyer’s income.

Price

Under the Extended Home Buyer Tax Credit, credit may only be awarded on homes purchased for $800,000 or less.

Buyer Income

Under the Extended Home Buyer Tax Credit, which is effective on November 7, 2009,  single buyers with incomes up to $125,000 and married couples with incomes up to $225,000—may receive the maximum tax credit.

These income limits have changed from the 2009 First-Time Home Buyer Tax Credit limits. If you  purchased a home between January 1, 2009 and November 6, 2009, please see 2009 First-Time Home Buyer Tax Credit.

If the Buyer(s)’ Income Exceeds These Limits, Can He/She Still Get a Credit?

Yes, some buyers may still be eligible for the credit.

The credit decreases for buyers who earn between $125,000 and $145,000 for single buyers and between $225,000 and $245,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income—over $145,000 for singles and over $245,000 for couples are not eligible for the credit.

Can a Buyer Still Qualify If He/She Closes After April 30, 2010?

Under the Extended Home Buyer Tax Credit, as long as a written binding contract to purchase is in effect on April 30, 2010, the purchaser will have until July 1, 2010 to close.

Will the Tax Credit Need to Be Repaid?

No. The buyer does not need to repay the tax credit, if he/she occupies the home for three years or more. However, if the property is sold during this three-year period, the full amount credit will be recouped on the sale.

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Trade-in & Save Appliance Program

Targeted for a March 1, 2010 start, the Trade-in & Save Appliance Program, part of the American Recovery and Reinvestment Act (ARRA), will offer approximately 25,000 Minnesota homeowners a rebate for replacing their old appliance with a qualifying ENERGY STAR model purchased from a Minnesota retailer. Rebates are not retroactive for purchases made outside the program timeframe. This program is estimated to create 59 jobs and annually save 2,200,412 KWh in energy, 43,729,920 gallons of water and 4,705,065 lbs of carbon (CO2).

Minnesota’s allocation of $5,009,000 includes rebates on:

• clothes washers ($200)
• dishwashers ($150)
• freezers ($100 with purchase and proof of recycling, $50 for purchase only)
• refrigerators ($200 with purchase and proof of recycling, $100 for purchase only) 

A program-specific website to be launched in early 2010 will contain the program’s eligibility requirements, rules and forms. We recommend that homeowners view ENERGY STAR and their utility websites for additional rebate opportunities, including appliance bounty programs that pay you for taking away a second working refrigerator or freezer stored in your basement or garage. Homeowners will be limited to one rebate for a single appliance purchase. Rebates are not retroactive for purchases made outside the program timeframe. Additional residential rebates for energy-saving products can be found here.

If you are a consumer and have questions on the program, send us your inquiry at energy.info@state.mn.us or sign-up for our stimulus e-newsletter that provides a monthly update on all stimulus programs.

If you are a retailer located in Minnesota that sells appliances and would like to receive program materials, please send us your full contact information (company name, contact name, full address, phone, email and website) to appliancerebate.retailer@state.mn.us . Contact information provided to us will only be used to distribute program materials.

The Office of Energy Security would like to thank the following Official Partner organizations that have offered in-kind support to ensure the OES meets the administrative funding match requirements for this program:  Sears Holdings Corporation, Best Buy, Warners’ Stellian, Castanea Labs Inc., Great River Energy (GRE), Whirlpool Corporation, BSH Home Appliances Corporation (Bosch), and Minnesota Power.