From the monthly archives:

December 2005

Buying in a Slowing Housing Market

by Jay - The Phoenix Real Estate Guy on December 31, 2005

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Here is a good article that helps answer a question we get all the time….

Should I buy in a slowing housing market?

By Dian Hymer Inman News

The word is out that the home sale market has changed. Interest rates are rising and, in some areas, homes are selling at a slower pace than they were a year ago. So buyers are finally gaining an edge. And this could be a good time to buy before rates rise further.

An increasing number of homeowners are convinced that now is a good time to sell, so the inventory of homes for sale is increasing. Why are more sellers willing to sell? They fear that the change in the market might lead to lower home prices going forward. Does this mean that you should postpone buying to see if they’re right?

No one knows for sure whether home prices will decrease from recent highs, remain relatively unchanged or continue to rise but at a lower pace as interest rates rise. There’s risk if you buy now and there’s risk if you don’t.

If you postpone your purchase and prices rise along with interest rates, you will pay more than you would today. In a flat market, you could also pay more by waiting if interest rates rise thereby decreasing your purchasing power. However, if you buy now and prices fall, you could lose money if you have to sell before the market cycles upwards again.

At the end of the 1990s, a San Francisco Bay Area couple regretted not buying earlier. They postponed a home purchase for a year so that they could save money to make a larger down payment. In the year they waited, home prices increased so much that the additional cash they saved had no effect on their ratio of down payment to purchase price. As fate would have it, they bought when the market peaked. If they’d bought a year earlier, they would have paid less and would have earned appreciation.

They stayed in the home for about seven years, during which time they remodeled to make the house suitable for their growing family. When they outgrew the home, they sold and moved to a more affluent neighborhood with a better school system.

Even though they’d spent money improving their home, they didn’t realize a significant profit when they sold. Home prices declined after they bought and were just starting to recover when they sold.

Would this couple have been better off if they’d continued renting? Not in their estimation. They enjoyed many happy years living in a home of their own. They were freed of the stress of having to find another rental at an inopportune time. They were free to modify their home at will. They also realized tax benefits and built equity by diligently paying down their mortgage. More importantly, they realized significant appreciation almost immediately on their new, more expensive home.

HOUSE HUNTING TIP: Over the long term, home prices in this country have tended to rise. But, they do fluctuate over time. It’s impossible to time the market. Still, you won’t realize any appreciation unless you’re a property owner.

We’re coming out of a period of extreme appreciation. In many areas of the country homeowners who bought two to three years ago and then sold did very well. But, this is not the norm. Your home purchase decision should not be based on the anticipation of continued appreciation at the recent rate. And, in most cases, it’s not a good idea to buy for the short-term.

THE CLOSING: Even though the market has slowed and appears to be heading towards a more sensible, balanced market, you may encounter competition for well-located, well-priced listings. But, where inventories are rising, you can expect to have more selection and more opportunity to negotiate with the seller–either on the price or on concessions for property defects.

Dian Hymer is author of “House Hunting, The Take-Along Workbook for Home Buyers,” and “Starting Out, The Complete Home Buyer’s Guide,” Chronicle Books

Article Link

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What is Title Insurance?

by Jay - The Phoenix Real Estate Guy on December 31, 2005

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Title Insurance…. it shows up on your closing settlement statement, it’s hundreds of dollars, and most people have no clue what it is, why it’s there or why they HAVE to buy it.
 
(Well, you don’t HAVE to buy it, if you’re paying cash for your real estate. But if you are financing your purchase (like 99% of people do) then your lender will REQUIRE you to purchase title insurance to protect THEM, not YOU. Owners policies are available, and you should get one …)
 
There is a great overview of title insurance at The Mortgage Professor. It’s a couple of years old, but title insurance hasn’t changed a lot in the past decades.
 
There is also an article in today’s Wall Street Journal that discusses title insurance. I’d post a link, but you have to be a subscriber. I’ll try to get the article converted and on ThompsonsRealty.com later today. Title companies and title insurance have been in the news a lot recently….(a Google News search for “Title Company” for December returns 8,550 hits…).
 
In short, title insurance is an insurance policy that protects the lender (and the owner IF YOU GET THE RIGHT KIND ) against defects in title. How can a real estate title be defective you ask?
 
Here’s 21 examples of “title defects”, there are more:
 
1. Forgery
2. Fraud in connection with the execution of documents
3. Undue influence on a grantor or executor
4. False personation by those purporting to be owners of the property
5. Incorrect representation of marital status of grantors
6. Undisclosed or missing heirs
7. Will not properly probated
8. Mistaken interpretation of wills and trusts
9. Mental incompetence of grantors
10. Conveyance by a minor
11. Birth of heirs subsequent to the date of the will
12. Inadequate surveys
13. Incorrect legal descriptions
14. No-delivery of deeds
15. Unsatisfied claims not shown on the record
16. Deeds executed under expired or false power of attorneys
17. Confusion due to similar or identical names
18. Dower or curtesy rights of ex-spouse or former owners
19. Incorrect indexing
20. Clerical errors in recording legal documents
21. Delivery of deeds after the death of a grantor
 
OWNER’S TITLE INSURANCE will protect you against these hidden risks which would not be disclosed by even the most meticulous search of public records. LENDERS title insurance protects the LENDER if one of these things happens. YOU, if you don’t have owner’s title insurance, are left with NOTHING.
 
You may read that list and think, “those things never happen.”  Well, to be blunt, you couldn’t be more wrong.
 
True story: We have a client who bought several acres of land west of Phoenix about five years ago. He was going to build his dream home on it. He contacted us because he wanted to list half the parcel (with the way the land has appreciated, he could sell half the land to pay for building a whopper of a home on the other half.)  He didn’t have owner’s title insurance because he wanted to save the $400 it would have cost him. When we were investigating listing the land, we had a title company do a preliminary title search. Lo and behold, it turns out that the land he bought had been ILLEGALLY SUBDIVIDED prior to his purchase. In other words, he bought a piece of land that couldn’t have legally been sold. So did several other people.  What does this mean to out client?  It means the land he thought he bought several years ago may not even be his. It’s a big giant legal mess that may never be resolved. It means he could be out EVERY DIME he paid in principal, interest and taxes. (But he did save $400 by not buying an owners title policy!)  Needless to say, he’s just a bit stressed out and ready to maim someone…
 
Another true story, recently happened in Virginia.  A couple buys a home. EIGHT YEARS LATER, someone pops up and says it was her mother’s home and they are the rightful heir. Turns out she was RIGHT. It IS her home. So the people living there have two choices, move out—losing everything they’ve put into the home in the past eight years—or BUY the home from the newfound legal owner. Yep, they get to buy their home AGAIN, at the CURRENT market price, not what they “bought” it for eight years ago. Their lender had lender’s title insurance, so the insurance company will pay off the original loan. But the people who thought they owned a home did not have owner’s title insurance, so they get NOTHING.
 
Owner’s Title Insurance…. it’s a one time payment when you purchase a home. Cost depends on the home, but it’s cheap when it comes to what it could cost you if you don’t have it. Please please please don’t EVER consider purchasing real estate in any way, shape or form without OWNER’S title insurance!!
 
 

Regards,
Jay

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What is “Escrow”?

by Jay - The Phoenix Real Estate Guy on December 28, 2005

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There are a whole bunch of terms specific to real estate. Given that most people buy and sell very few pieces of property in their lifetimes, learning the language of real estate isn’t something the average person really cares to do with their time. In an effort to help educate you — our astute reader — we’ll be providing a real estate term definition here at least weekly.

Many people have asked us, “What the heck does escrow mean?“.

Here are several “book definitions” of the word escrow:

The holding of funds, documents, securities, or other property by an impartial third party for the other two participants in a business transaction. When the transaction is completed, the escrow agent releases the entrusted property.

An account in which a neutral third party holds the documents and money in a real-estate transfer until all conditions of a sale are met. Also, an account in which money for property taxes and insurance is held until paid; money is added to the account every time a mortgage payment is made.

The placement of money or documents with a third party for safekeeping pending the fulfillment or performance of a specific act or condition.

The state of a deed, funds, etc. put in the care of a third party until certain conditions are fulfilled.

You get the idea…. a key element in all of these definitions is “third party”. In Arizona, the third party is typically a title company. An attorney can also serve as an escrow agent (but really, why involve an attorney any more than absolutely necessary?!?). Some full-service banks still have escrow departments. But 99%+ of all escrow activity (at least in Arizona) are handled by title companies. And it isn’t hard to find a title company—just get in your car, point it in any random direction and drive. Within 5 minutes you’ll come across a title company.

Not all title companies are created equal though. We have our favorite, and a couple more that are very good. We also have a few title companies on “the list”… we avoid doing business with these title companies whenever possible.

Opening Escrow

This is what takes place immediately after both the buyer and seller, assisted by a qualified Real Estate Agent, have agreed to the provisions of a contract and have signed that contract. The Real Estate Agent then takes the contract to a competent Escrow Agent and the work of transferring the title to the property begins. A complete search of public records pertaining to the subject property is made to determine if, in fact, that property has marketable title. Simultaneously, proper instruments are prepared, taxes are prorated, lenders are contacted, assumptions and/or payoffs are ordered and inspections are completed. The Escrow Officer and Real Estate Agent work together to compile all needed paperwork and funds essential to close the transaction in an orderly manner. When the closing date comes, the Escrow Officer is then ready to disburse funds to the proper parties and record the new documents of ownership. The sellers receive the funds due to them and the buyers legally own their new property, with the assurance that the title to that property is free of any defects.

Clear as mud? There is a LOT that goes on “in escrow”. A title company is one of the key players in ensuring a smooth real estate transaction. A great title company can help overcome many obstacles. A bad title company can create a lot of obstacles. Choose carefully!

Regards,
Jay

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Real Estate Photo Of The Week

by Jay - The Phoenix Real Estate Guy on December 19, 2005

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Enjoy our newest feature — the real estate photo of the week!

As seen in the local MLS under “some repairs may be needed”…. :)

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Condos are Going NUTS!

by Jay - The Phoenix Real Estate Guy on December 19, 2005

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For those who’ve been following the Phoenix real estate market recently, you’ve no doubt noticed a significant slowing in the single-family home (SFH) market. This shouldn’t be that big a surprise given how insane that part of the market was in the first half of the year. SFH’s were flying off the market, inventory was incredibly low and appreciation rates were staggering. As I’ve blogged here, that market HAD to slow down–it simply wasn’t sustainable at that torrid pace.

Now we’re seeing condos/town homes accelerate. While that market wasn’t even close to bad during the crazy SFH of the first half of the year, it definitely lagged. But no longer—condos are exploding. While not as crazy as SFHs were, any condo that is in halfway decent shape will sell in a very short period of time, often commanding full list price (if not more).

Why? I think the answer is relatively simple…. Single-family homes have risen an average of 47% in the last year in the Phoenix area. That’s an average. Average means that for every home that “only” went up 20%, some other home went up 75%. Think about that for a minute…………it’s staggering.

(And before some math wiz chimes in about my example for an average, relax. I understand that what I just said isn’t 100% mathematically correct, but it’s close enough.)

With SFH valuations going through the roof, it was only a matter of time (a short time) before escalating prices forced people out of the SFH market. There are more people who simply can’t afford to buy a SFH—particularly young and first time home buyers.

But one interesting aspect of real estate—whether you are trying to sell it or invest in it—is this…. People need a place to live. Unless you want to live in a cardboard box and push around a grocery cart full of aluminum cans, you have two choices when it comes to a place to live. You either rent, or you buy. There really isn’t much in between. (for simplicity sake, we’ll leave out college kids living with their parents and moocher’s crashing on their buddies couch)

< < Quick Tangent Goes Here >> If you have a college student who won’t get out of your house, you should seriously look at buying them a condo! < < End Quick Tangent >>

So as more people are rendered out of the SFH market due to escalating prices, they look for other ways to own a home. What other forms of home ownership are there? Condos and Town homes (we’ll save manufactured home for another post).

And now we are back to that darn Law of Supply & Demand again! As more people want a condo, demand rises. That little economic law tells us (generally speaking again) that as demand goes up, prices go up. Hence the prices of condos are moving up. Supply, obviously a big component of the Law of Supply & Demand, is relatively fixed for condos. Look around at all the new construction. See many condos being built? You can find the occasional apartment complex being built (remember - people have to rent or buy) and you can find a zillion new SF homes being built. But developers just don’t seem to build new condos.

So again….. relatively low and fixed supply + growing demand = prices go up.

Yep, Condos are Going NUTS! I don’t believe it will get to the frenzy we saw in the SFH market, but I don’t think it’s close to peaking either.

Stay tuned! It’s gonna get crazy before it gets normal!

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