What Is An iBuyer?

.... an internet buyer making an offer through one of several companies which claim to speed up and simplify real estate transactions, appealing to the convenience factor for both buyers and sellers. Offers are made sight unseen, based on a proprietary valuation model.  Maybe the speed is appealing, these after all are investor buyers, and you may need to sell quickly because you're in foreclosure, or some other type of distressed situation.

But the seller doesn't always know that these companies will still charge full commission, plus discount the fair value of your home in exchange for all that ease of sale. While this type of sale is relatively new to the market, some estimates are that the actual costs to the seller amount to a fullj 10% of the value of the home, whereas selling with a traditional agent could mean a 6 percent commission. 

"So what does this really mean for the homeowner’s bottom line? Most homeowners purchase their home with a mortgage. If you purchased your home for $400,000 with 20% down, you showed up to closing with $80,000 of your own money, which is also your equity. If the value of your home remains the same and an iBuyer offers you $380,000 for your home — a 5% discount to fair value — you will lose $20,000 on the value of your home, plus pay a 5% commission (an additional $19,000). This is a higher transaction cost compared to selling on the open market for $400,000. More importantly, compare that combined $39,000 to your original down payment of $80,000 -- you will be giving up close to 50% of the equity you put into your home partly for the convenience of a quicker sale. Does the added cost make sense for the consumer?" *

 In 2018, Zillow said that 90 percent of sellers who engaged its Instant Offers platform did not follow through and chose a traditional agent instead. A traditional agent is there to guide the seller through the many disclosures and legal requirements of selling a home, and in California there are many. Before a seller considers this type of transaction, he or she should carefully investigate the actual costs, the home's fair market value, and the completeness of the transaction.

For an estimate on your home, please contact me.  I've been helping buyers and sellers for almost 25 years!



*Forbes Magazine, June 5,2018

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

California Home Solar Panels - Buy or Lease?

Solar Panels

Solar panels are one of the many energy saving and money saving systems available to the homeowner. But save yourself some possible future headaches by investigating, beforehand, whether you should purchase or lease these panels.  Leasing seems a great way to go because it's a lot less money up front compared to buying panels outright.

Advertising your home as energy efficient seems like a great way to get a buyer fast.  But, when it comes time to sell, leased panels may turn into an outright headache for all parties:

• Your buyer will have to take over your lease payments and qualify for the lease--extra expense they may not have counted on, or a lost deal if they can't or won't agree. The monthly cost of the lease must be included in the assessment of lender's debt ratios.
• You, as the seller, may lose your next home you're in escrow for, or a job loss, if you can't move on time.
• Or, you the seller may agree to pay up on the complete lease in order to move on--one couple in Fresno paid $22,000 to get out of the lease and sell their house.

The solar leasing company may say that very few times such issues arise, since most buyers either agree to take over the lease, or most sellers can pre-pay it to move on. However, just know that leased solar panels, whether you're the buyer or seller, must be dealt with in a property transaction.

A leased solar system will usually show up on a preliminary title report because of the recorded UCC-1 filing which secures the system. But even if there's not a recorded filing, the seller must disclose the system in the transaction by checking the appropriate box on the Seller Property Questionnaire and/or on the Transfer Disclosure Statement.

In the standard Realtor contract form in California, the buyer review of lease documents and approval of solar leased panels is one of the contract contingencies, and can cancel the contract if the lease terms are not acceptable to the buyer. Buyer and seller could also negotiate on each paying an acceptable contribution towards the lease, as one option.

If the seller thinks another good reason for installing solar panels is because they increase the appraised value of the home, think again.   Leased panels are not allowed under FNMA appraisal guidelines, however owned solar panels do have appraised value and are included per underwriting guidelines.

So before obtaining leased panels, the property owner should ask the company:

1. What are the credit and other requirements required for a buyer to assume the solar lease?
2. Does the company offer alternatives to buyers with weak credit, such as placing a cash deposit?
3. Does the solar company have a dedicated team or other procedures to facilitate the transfer of leases to buyers?
4. How long does it take typically for the lease transfer to occur? 
5. Can a lease be transferred easily within the timeframe of a thirty day escrow?

 See Ken Harney's recent Washington Post article on solar panels.  For a more indepth article on this subject about issues during a California residential transaction involving leased solar panels, please contact me!

New Transaction Closing Rules with CFPB - Part II

Note:  The new start date is October 1, 2015. 6/28/2015.
Mark August 1, 2015 as the date on which transactions will be impacted!

The Consumer Financial Protection Bureau is an independent agency which operates withoutCongressional supervision, one of the few such entities in the country, and is considered a least accountable agency (by just about everybody including Congress).  It oversees banks and financial institutions, credit unions, students loan, credit card companies, payday lending companies, mortgages, foreclosures.  (It resulted from the Dodd Frank Act which came into place as a result of the economic crash, and its director was appointed by President Obama.)

The CFPB is not federally funded, but instead issues fines to banks for their bad behavior:
Wells Fargo - $24 million; Chase - $11.7 million, NewDay Financial - $2 million; and just the other day, per their website "Green Tree to Pay $48 Million in Borrower Restitution and $15 Million Fine for Servicing Failures".  Yes, there have been failures by the banks, but how we got to a bureau that seems to have no oversight seems to be borrowing a page from the bank failure book.

But for now, consumers, lenders, escrow, title and real estate agents are at the beginning of changes will are most certainly to lengthen the average 30-day transaction to 10-15 days longer.

New terms:
Escrow=settlement agent
Lender=creditor
Day loan docs are signed=consummation day
Close of escrow day=settlement day
LE=loan estimate (no longer a good faith estimate)
CD=Closing Disclosure (replaces HUD-1)

Buyers and sellers, get familiar with all terms but know that "CD" is a 5-page disclosure which must be received by the borrower a minimum of 3 business days before signing of loan documents.  It doesn't matter if you can read and sign in 3 hours, you must wait 3 business days before loan documents can be signed.  What if you ask the seller, and the seller agrees, to compensate the buyer $350.00 towards the buyer's closing costs during escrow?  The borrower receives a new CD and must wait 3 business days.  If the lender decides to mail out the CD to the borrower instead of allowing digital signature time, then the lenders will give a total of 7 business days from send out.

Sellers, I can only say this:  Make reasonable repairs, including all carbon monoxide and smoke detector placements where required,  prior to listing to avoid delays with appraisers calling out such repairs, which will require a second visit by the appraiser, and which also costs the borrower more, in order to avoid these delays.
Buyers, If you decide to make an offer on a property which requires numerous or even just a few, repairs, be prepared for a longer transaction, because everytime a change is made, a new 5-page CD goes out to the borrower from the lender.  You can see how the time starts adding up, going well beyond the existing 17 and 21 days for buyer to investigate and remove contingencies.
Other examples of changes which will require 3 business day re-disclosure:
Changes in APR; changes in the loan product; addition of a pre-payment penalty.
Realtors must be prepared for these changes and be able to work with their clients on these timelines.

A sample calendar provided to me recently shows Day 1 starting on a Monday (Saturdays are included as business days, Sundays are excluded), going all the way through to Day 38 in a NORMAL transaction showing the lender's schedule, but this calendar did not take into account what else could be happening between the buyer and seller during the various contract contingency period, which is how further issues and additional time periods could come up. There is much that will be found out on a practical level when the time comes, because there are still unknowns in these new requirements.
Additional issues:  Lenders may refuse to work with certain escrow companies, and therefore buyer and seller may not be able to choose in some circumstances, because the lender may force both parties to transfer the file to another company.  Please remember, California escrow companies already are "vetted" and responsible to the Department of Business Oversight which maintains their own rigorous standards.

At this point, consumers need to change some of their expectations, both with their loans and the property transaction itself, and who they may be able to select for services.
These are nation-wide changes, not just something happening in one county or one state.  Some industry professionals are saying they've never seen anything like this during their 30 or 40 years in real estate (and they don't mean it in a nice way), so what happens after August 1 will be different--that much we know.

New Transaction Closing Rules -- Starting August 1 by CFPB

Be Careful Crossing the Road of Financial Protection

The Consumer Financial Protection  Bureau was brought into being by the Dodd-Frank legislation, and the CFPB has teeth which are being inserted into the lives of lenders, and therefore the lives of home buyers and sellers.

The "Know Before You Owe" rule, effective August 1, 2015, is bringing a new closing document (6 pages) and is doing away with our HUD-1 statement (3 pages) in the form of a non-uniform closing package which does away with the uniform coded costs which have been in existence for . . . decades.  By non-uniform is meant that lenders can call their categories what they so choose, and therefore may be different from one bank to another all across the country.  On the other hand, "the new forms resolve the problem of redundant and overlapping information presented in the standard Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA) disclosures that lenders are required to send to borrowers following submission of a mortgage application and just prior to the closing." See, for a very indepth industry discussion, this article by Patrick Barnard.

One of the net results is that there's more pages to get to a closing, and the closing will probably end up being extended well beyond the initial escrow period IF there are credits back which must be given a 3-day period to sign on and disclose to the lender.  So if, for example,  the seller agrees to credit the buyer $500 for some repairs rather than perform the repairs, that will require a written documented disclosure to the lender, the total of such amounts may not exceed the lender's cap.  Such a $500 agreement between buyer and seller will require a new good faith estimate from the lender, which in turn adds to costs by some lenders.  Another fact of life is the cost involved for escrow companies and lenders to retool their technology because they will be required to be in sync on this process.

Since this is being  implemented on a national basis, it will affect procedures and laws in all states.  The bottom line for buyers and sellers is that a 30-day escrow may turn into a 45-day escrow, which impacts people's moving plans for making the smallest of changes.

More will be said here on this issue, but the bottom line for residential buyers and sellers is to grasp the transactional costs and fees, including termite inspection (very costly sometimes) and what they agree to agree on with each other in the beginning.  I can see a world of even more advance planning on both sides.

The California Legislature Considers Tax on Homeowners

 

The state legislature has been considering a tax that would be imposed on homeowners who need to record certain documents with their counties. This $75 per document tax will be imposed on a variety of documents, which will include, for example, documents related to refinancing properties, taking properties in and out of trusts, making lot line adjustments, obtaining constructions loans and upon the death of a spouse.

The tax also applies to foreclosures (the owner would be responsible, not the lender) and filing mechanics liens. For instance, it’s not untypical in a refinance, for six documents to be subject to the new tax, resulting in a tax total of $552. If a spouse dies, up to five documents need to be recorded, creating a total tax of $440 including existing recording fees.

SB 391 is in the Assembly Appropriations Committee. The CALIFORNIA ASSOCIATION OF REALTORS® is opposing this bill. 

Getting Charged Too Much for HOA Documents?

One of the escrow expenses buyers usually pay when buying a property within a homeowner association are document fees for the CCRs, Rules and Regulations, and other documents they are entitled to. This sometimes amounts to several hundred dollars.  Even though a law prevents homeowner associations charging more than the actual cost for such documents, a loophole allowed an HOA to delegate this task to outside vendors, who could charge whatever they wanted.

Good news. Earlier this month, California Gov. Brown signed AB 771, and the loophole closed, preventing home buyers in common interest developments such as condominiums or townhomes from being charged excess document fees.


Buyers used to only have to pay $150 at the most, but that cost may now go up to $400, payable up front by the buyer. But if a charge goes much beyond that, a buyer should be aware that they perhaps are being over-charged, and ask for an accounting of that cost by the HOA or its property manager. A fee of $1000 is probably excessive, and would be considered a financial burden by most condo buyers, and could be an indication that a buyer is being charged for documents that are "bundled" in, and not required.

Buyer Down Payment Assistance

Many times the buyer needs extra cash to close, and many times the seller might be willing and able to contribute funds in order to sell his/her property.

The HART (Housing Action Resource Trust) down payment assistance program is one designed to do just that. Unlike certain other program geared strictly to first-time buyers, geographic or income limitations, this program does not place such requirements. Also, in most loan programs, the seller may not pay towards the buyer's down payment, however, the HART program is structured so that funds from the seller given to the HART program may be used towards the buyer's: down payment, closing costs, pre-paid taxes, or rate buy-downs.

This program now allows for funds up to $25,000.00 (updated info) to be given by the seller as agreed upon in the contract to the HART program when a homebuyer is working with a participating HART mortgage originator and the buyer is obtaining an FHA loan.

For instance, the funds could be used in all categories:

$3,000 (closing cost)
$5,000 (down payment)
$2,000 (pre-paids)
$1,000 (rate buy-downs)
Total: $11,000.

If you would like to qualify for a loan or speak to a loan representative, please contact me.

More information is available at http://www.hartprogram.com/.

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