Tips for Winter Driving

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Winter Driving

Winter is the most difficult driving season. Not only do you have snow and ice to deal with, but there are fewer hours of daylight as well. Before winter weather arrives, make sure your vehicle is in good condition, especially the tires, battery, and exhaust system. Never combine radial and non-radial tires on the same vehicle. On front-wheel drive cars, it is best to put snow tires or "all-season" tires on all four wheels, not just the front. Be sure the windshield washer container is filled with a freeze-resistant cleaning solution. Always carry emergency supplies in case you become stranded. (See below for a suggested list.) A Citizens Band (CB) radio and/or cellular phone can be very useful to you or another stranded motorist in case of an emergency. Remember to pull of the road to talk on a cellular phone.

Driving Tips:
Know your vehicle. Not all cars respond the same to icy, slippery roads. For that reason, knowing how to handle your vehicle and how it responds in various weather conditions is important. Your owner's manual will provide vital information about your vehicle's braking system, tire traction, and safety tips. Drivers should maintain winter driving techniques and caution even when roads appear clear. For those driving SUVs or 4-wheel drive vehicles, please remember that these vehicles react to ice just like any other vehicle. Overconfidence in your vehicle's abilities can lead to serious problems.

• Utah law requires the use of seat belts and child safety seats in all vehicles. Driving while under the influence of alcohol and/or drugs is prohibited. Laws are strictly enforced.
• Clear all snow and ice from your hood, roof, trunk, turn signal lights, tail and headlights, windows, mirrors, and fenders.
• Plan your route and be familiar with the maps/directions to avoid confusion.
• Check the weather reports and adjust your starting time.
• Inform others of your route and expected time of arrival.
• Always fill the gasoline tank before entering open country, even for a short distance, and stop to fill-up long before the tank begins to run low. Keeping the gas tank as full as possible will minimize condensation.
• Drive with extra caution. Start slow and easy from a stop and steer smoothly. No abrupt turning, braking or accelerating.
• Increase your following distance. The distance needed to stop on ice is twice as long as that you would need to brake under normal driving circumstances.
• Drive slower than the posted speed limit; remember that it is calculated for ideal weather conditions.
• You have better visibility using your LOW BEAMS when driving in a snow storm or fog.
• Use extra caution when driving on bridges, overpasses, tunnels, or areas without direct sunlight. Those areas often have black ice - a thin clear layer of ice which allows the dark underlying road surface to show through. Black ice forms when the temperature is around (even slightly above) freezing and the road is damp/wet from high humidity, fog, daytime snow melt, rain, or snow. Signs of black ice include a shiny road surface or when you no longer see spray from the tires of other vehicles but the road still looks wet.
• KNOW YOUR BRAKES. Your owner's manual will provide information about your braking system. Find out which type of brakes your vehicle has and follow the safety steps below.
  
  
  
  1. Anti-lock braking systems (ABS) offer significant advantages on slick roads, if used correctly. To operate ABS effectively, apply steady pressure to the brake pedal during the entire stop. ABS will automatically pump the brakes, if necessary, to keep the wheels from locking. Never manually pump ABS brakes yourself. Apply only steady pressure continuously until you come to a complete stop.
  2. If you don't have ABS, you should gently apply pumping pressure to your brakes during slippery conditions. Do not apply steady pressure to your brakes. Standing on your brakes will only cause wheel lock, and may result in your car spinning out of control.
  
  
  
  

• HANDLING SKIDS
  
  
  
  1. FRONT WHEEL DRIVE: Once you feel your car begin to skid, slowly remove your foot from the accelerator, until you feel your wheels regain traction control. (Do not attempt to brake!) As your vehicle's tires grab the road, slowly turn the steering wheel in the direction you want your front wheels to go.
  2. REAR WHEEL DRIVE: When you begin to spin, remove your foot from the gas pedal. Slowly steer in the direction you want the car to go. If you are still skidding out of control, counter-steer until your vehicle is pointing in the right direction. Never apply steady pressure to the brakes.
  
  
  
  

If you become stranded:

(Items in bold should already be packed in the vehicle as part of your emergency supplies. See below for a complete emergency supply list.)

• If your vehicle breaks down, pull as far off the road as possible and turn on the warning/flashing lights. Your greatest personal danger at this point is that of being hit by passing cars.
• Don't panic. Use common sense.
• Do not leave your car unless you know exactly where you are, how far it is to help, and are certain you will improve your situation.
• To attract attention light two flares and place one at each end of the car a safe distance away or hang a brightly colored cloth from your antenna.
• If you are sure the car's exhaust pipe is not blocked, run the engine and heater for about 10 minutes every hour or so depending upon the amount of gas in the tank.
• To protect yourself from frostbite and hypothermia, use the woolen items, blanket, newspapers, and large bags to keep warm.
• Keep at least one window open slightly. Heavy snow and ice can seal a car shut.
• Bottled water may freeze. Eat a hard candy to keep your mouth moist.

Vehicle Emergency Supply List:

1. Battery jumper cables
2. First aid kit
3. Shovel
4. Basic tool kit (pliers, screwdriver, adjustable wrench) and pocket knife
5. Sleeping bags or blankets
6. Extra winter clothing (caps, socks, mittens, and boots)
7. Bottled water & non-perishable food - nuts, candy, nutrition bars, etc.
8. Windshield scraper
9. Flashlight and transistor radio with extra batteries for each
10. Candle and matches
11. Bag of sand
12. Bright colored cloth
13. Wireless phone, if available

When Is a Real Estate Agent a REALTOR®?

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When Is a Real Estate Agent a REALTOR®?

A real estate agent is a REALTOR® when he or she becomes a member of the NATIONAL ASSOCIATION OF REALTORS®, The Voice for Real Estate®, the world's largest professional association. The term "REALTOR®" is a registered collective membership mark that identifies a real estate professional who is a member of the NATIONAL ASSOCIATION OF REALTORS® and abides by its strict Code of Ethics.

Founded in 1908, NAR has grown from its original nucleus of 120 members to more than 1 million today. NAR is composed of REALTORS® who are involved in residential and commercial real estate as brokers, salespeople, property managers, appraisers, counselors, and others who are engaged in all aspects of the real estate industry.

Members belong to one or more of 1,700 local associations/boards and 54 state and territory associations of REALTORS® and can join one of our many institutes, societies, and councils. Additionally, NAR offers members the opportunity to be active in our appraisal and international real estate specialty sections. REALTORS® are pledged to a strict Code of Ethics and Standards of Practice.

Working for America's property owners, the NATIONAL ASSOCIATION OF REALTORS® provides a facility for professional development, research, and exchange of information among its members.

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Check out the Public Awareness Campaign television and radio spots that encourage consumers to rely on the expertise and integrity of REALTORS®.

The NAR advertising campaign runs February through November on network and cable television and network and satellite radio, helping consumers understand the real value of working with REALTORS®. From their voluntary adherence to a Code of Ethics to their incomparable knowledge of real estate processes, REALTORS® are the experts of residential and commercial property transactions.

Treasury Sets New Short Sale Guidelines

Treasury Sets New Short Sale Guidelines 

By Deborah Ball, 

RE/MAX Times Online Associate Editor

The U.S. Treasury Department's long-awaited guidelines to streamline Short Sales, announced Monday, will have a significant impact on families facing foreclosure, according to RE/MAX International Chairman and Co-Founder Dave Liniger.

The Home Affordable Foreclosure Alternatives Program (HAFA), part of the Home Affordable Modification Program (HAMP), provides financial incentives and simplifies Short Sales procedures by setting limits on the time it takes lenders to respond, freeing borrowers from debt and capping claims of subordinate lenders.

The Treasury's announcement comes on the heels of more than a year's work by RE/MAX leadership to persuade federal lawmakers to address the need for a simpler Short Sale process.

"While the plan doesn't include all of our suggestions, we feel it's a big step in the right direction," Liniger says. "These new policies will make Short Sales much more attractive to our clients and much easier for us to complete."

Tools are already being developed and collected to help you and your clients:
• Watch a Dave Liniger video about the guidelines.
• Read a Reuters news article about the Treasury plan.
• Watch and share a new consumer video, featuring Margaret Kelly, that is posted on remax.com and YouTube. Use this link to share the video: http://www.youtube.com/watch?v=fkuXvFBYXVU.
• Check out other older videos, such as "Short Sales: The Basics," and "RE/MAX Agents Help Homeowners Avoid Foreclosure with Short Sales," which can also help you introduce the concept to potential clients.
• Visit RE/MAX International's Facebook and Twitter pages to share your thoughts about the announcement. A social media Dave Liniger video clip (not the one here on Mainstreet) can be seen and easily shared through Facebook.
• Get Short Sale information from NAR's REALTOR.org site, including details on HAFA.
• Download a HAMP press release.
• Download a HAMP Supplemental Directive that spells out the details.

With unemployment over 10 percent and millions of adjustable-rate mortgages primed to reset next year, a "tsunami" of distressed properties could be on the horizon, Liniger says. The new guidelines, as well as a growing acceptance by lenders and second-lien holders, give homeowners a better chance of closing a Short Sale rather than losing their house to foreclosure.

Here are some of the program's key guidelines (download the program's full details in the HAMP Supplemental Directive):

• Lenders must respond to Short Sale requests within 10 business days of receipt of the offer package.
• The seller will be released from all liability for repayment of the mortgage debt.
• Subsequently, the seller is entitled to a relocation incentive of $1,500, which will be deducted from the gross sale proceeds at closing.
• The lender will be paid $1,000 to cover administrative and processing costs for a Short Sale or a deed-in-lieu.
• The property must be listed with a licensed real estate professional who does regular business in the community where the property is located.
• The lender is prohibited from requiring, as a condition of approving the Short Sale, a reduction in the agreed-upon real estate commission. 
• The investor will be paid a maximum of $1,000 for allowing a total of up to $3,000 in Short Sale proceeds to be distributed to subordinate lien holders, or for allowing payment of up to $3,000 to subordinate lien holders.

RE/MAX leaders have been advocating Short Sale improvements for quite some time. In September, Liniger met with Housing and Urban Development Secretary Shaun Donovan and other U.S. housing officials to discuss the need for prompt action. A meeting with Sen. Harry Reid (D-Nev.) also moved the process along.

For their part, RE/MAX Associates have embraced training in Short Sales and REOs. The network accounts for nearly 60 percent Certified Distressed Property Expert designees. That education will continue to play a vital role in order for Associates to successfully handle Short Sale transactions and establish themselves as the leading experts in their markets, Liniger says.

"Associates should become familiar with the new guidelines and put the details into their presentations," Liniger said.

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Editor's note: The official effective date is April 5, 2010, but participating mortgage servicers can begin operating under terms of the new program prior to that date if they are ready to meet all reporting requirements. The guidelines released in November 2009 do not specifically apply to loans owned or backed by Fannie Mae or Freddie Mac (representing about half of all U.S. mortgage debt). But those organizations are working with the Treasury to finalize applicable servicing guides, which are expected soon. 

© 2009 RE/MAX International, Inc. RE/MAX Affiliates may share this article, provided they do not charge for it and this notice is included. All other rights reserved.

Rehab a Home w/HUD's 203(k) - Part 3

Definitions for Use in the 203(k) Program

A. Insurance of Advances. This refers to insurance of the 203(k) mortgage prior to the rehabilitation period. A mortgage that is a first lien on the property is eligible to be endorsed for insurance following mortgage loan closing, disbursement of the mortgage proceeds, and establishment of the Rehabilitation Escrow Account. The mortgage amount may include funds for the purchase of the property or the refinance of existing indebtedness, the costs incidental to closing the transaction, and the completion of the proposed rehabilitation. The mortgage proceeds allocated for the rehabilitation will be escrowed at closing in a Rehabilitation Escrow Account. 

B. Rehabilitation Escrow Account. When the loan is closed, the proceeds designated for the rehabilitation or improvement, including the contingency reserve, are to be placed in an interest bearing escrow account insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). This account is not an escrow for the paying of real estate taxes, insurance premiums, delinquent notes, ground rents or assessments, and is not to be treated as such. The net income earned by the Rehabilitation Escrow Account must be paid to the mortgagor. The method of such payment is subject to agreement between mortgagor and mortgagee. The lender (or its agent) will release escrowed funds upon completion of the proposed rehabilitation in accordance with the Work Write-Up and the Draw Request (Form HUD-9746,A).  

C. Inspections. Performed by HUD-approved consultants/inspectors or HUD-accepted staff of the DE lender. The consultant is to use the architectural exhibits in order to make a determination of compliance or non-compliance. When the inspection is scheduled with a payment, the inspector is to indicate whether or not the work has been completed. Also, the inspector is to use the Draw Request form (Form HUD-9746-A). The first draw must not be scheduled until the lender has determined that the applicable building permits have been issued.

D. Holdback. A ten (10) percent holdback is required on each release from the Rehabilitation Escrow Account. The total of all holdbacks may be released only after a final inspection of the rehabilitation and issuance of the Final Release Notice. The lender (or its agent) may retain the holdback for a maximum of 35 calendar days, or the time period required by law to file a lien, whichever is longer, to ensure that no liens are placed on the property.
E. Contingency Reserve. At the discretion of the HUD Field Office, the cost estimate may include a contingency reserve if the existing construction is less than 30 years old, or the nature of the work is complex or extensive. For properties older than 30 years, the cost estimate must include a contingency reserve of a minimum of ten (10) percent of the cost of rehabilitation; however, the contingency reserve may not exceed twenty (20) percent where major remodeling is contemplated. If the utilities were not turned on for inspection, a minimum fifteen (15) percent is required. If the scope of work is well defined and uncomplicated, and the rehabilitation cost is less then $7500, the lender may waive the requirement for a contingency reserve.
The contingency reserve account can be used by the borrower to make additional improvements to the dwelling. A Request for Change Letter must be submitted with the applicable cost estimates. However, the change can only be accepted when the lender determines: (1) It is unlikely that any deficiency that may affect the health and safety of the property will be discovered; and (2) the mortgage will not exceed the appraised value of the property less the statutory investment requirement. If the mortgage exceeds the appraised value less the statutory investment, then the contingency reserve must be paid down on the mortgage principal. If a borrower feels that the contingency reserve will not be used and he wishes to avoid having the reserve applied to reduce the mortgage balance after issuance of the Final Release Notice, the borrower may place his own funds into the contingency reserve account. In this case, if monies are remaining in the account after the Final Release Notice is issued, the monies may be released back to the borrower.
If the mortgage is at the maximum mortgage limit for the area or for the particular type of transaction, but a contingency reserve is necessary, the contingency reserve must be placed into an escrow account from other funds of the borrower at closing. Under these circumstances, if the contingency reserve is not used, the remaining funds in the escrow account will be released to the borrower after the Final Release Notice has been issued.

F. Mortgage Payment Reserve. Funds not to exceed the amount of six (6) mortgage payments (including the mortgage insurance premium) can be included in the cost of rehabilitation to assist a mortgagor when the property is not habitable during rehabilitation. The number of mortgage payments cannot exceed the completion time frame required in the Rehabilitation Loan Agreement. The lender must make the monthly mortgage payments directly from the interest bearing reserve account. Monies remaining in the reserve account after the Final Release Notice must be applied to the mortgage principal.  

G. Approval of Non-Profit Agencies. A non-profit agency, before it can be approved as an eligible mortgagor and obtain the same mortgage amount as available to owner-occupants on Section 203(k) mortgages, must demonstrate its experience as a housing provider to HUD and meet all other requirements described in HUD Handbook 4155.1 REV-4, paragraphs 1-5. It must also be able to provide satisfactory evidence that it has the financial capacity to purchase the properties.

Maximum Mortgage Amount The mortgage amount, when added to any other existing indebtedness against the property, cannot exceed the applicable loan-to-value ratio and maximum dollar amount limitations prescribed for similar properties under Section 203(b). The down payment requirements are the same as under the Section 203(b) program. The Mortgage Payment Reserve is considered a part of the cost of rehabilitation for determining the maximum mortgage amount. Also refer to the requirements for incentives to acquire HUD-owned properties.

The form HUD-92700 (Maximum Mortgage Worksheet) must be used to determine the maximum mortgage amount.

A. Maximum Mortgage Calculation REFINANCE: Based on the lesser of:
1) The existing debt on the property before rehabilitation, plus the estimated cost of rehabilitation and allowable closing costs or 2) The lesser of the As-Is value plus rehabilitation costs or 110 percent of the After-Improved value multiplied by the appropriate LTV factor. 
 
NOTE: If the property was owned less than one year, the acquisition cost plus the documented rehabilitation costs must be used.   PURCHASE: The maximum mortgage amount is based on the lesser of 1) or 2) of the below multiplied by the appropriate LTV factor.
1) The As-is value or the purchase price of the property before rehabilitation, whichever is less, plus the estimated cost of rehabilitation or 2) 110 percent of the After-Improved value of the property. 
 
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Principal Residence (Owner-Occupant) & HUD Approved Non-Profit Organization. For purchases with 203(k) financing: the maximum mortgage amount is to be based upon the HUD estimate of value in 1) or 2) above, less the statutory investment requirement. For refinances under the 203(k) program: the maximum mortgage amount is to be based upon 97/95/90 percent of the HUD estimate of value in 1) or 2) above.    B. Cost of Rehabilitation. Expenses eligible to be included in the cost of rehabilitation are materials, labor, contingency reserve, overhead and construction profit, up to six (6) months of mortgage payments, plus expenses related to the rehabilitation such as permits, fees, inspection fees by a qualified home inspector, licenses and consultant and/or architectural/engineering fees. The cost of rehabilitation may also include the supplemental origination fee which the mortgagor is permitted to pay when the mortgage involves insurance of advances, and the discounts which the mortgagor will pay on that portion of the mortgage proceeds allocated to the rehabilitation.   C. Exemption of the Market Value Limitation. The 203(k) regulations allow for a waiver request of the market value limitation, which allows the appraiser to go outside the targeted area to obtain the value of comparable properties. Such requests must be forwarded to the Assistant Secretary of Housing-Federal Housing Commissioner at the HUD Headquarters. Requests must include documentation that the following conditions are present:
1) The property is located within an area which is subject to a community sponsored program of concentrated redevelopment or revitalization (See 24 CFR Part 220). 2) The market value loan limitation prevents the use of the program to accomplish rehabilitation in the subject area. 3) The interests of the borrower and the Secretary of HUD are adequately protected.
D. Solar Energy Increase. The mortgage is eligible for an increase of up to 20 percent in the maximum insurable mortgage amount if such an increase is necessary for the installation of solar energy equipment. The solar energy system's contribution to value will be limited by its replacement cost or by its effect on the value of the dwelling.   E. Energy Efficient Mortgage Program. Under the FHA EEM Program, a borrower can finance into the mortgage 100 percent of the cost of eligible energy efficient improvements, subject to certain dollar limitations, without an appraisal of the energy improvements and without further credit qualification of the borrower. To be eligible for inclusion into the mortgage, the energy efficient improvements must be "cost effective," i.e., the total cost of the improvements (including maintenance costs) must be less than the total present value of the energy saved over the useful life of the improvements. The cost of any improvement to the property that will increase the property's energy efficiency and that is determined to be "cost effective" is eligible for financing into the mortgage and its cost may be added to the mortgage amount up to the greater of:
1) 5 percent of the property's value (not to exceed $8000) or, 2)$4000.
"Cost effective" means that the total cost of the improvements, including any maintenance costs, is less than the total present value of the energy saved over the useful life of the energy improvement. The FHA maximum loan limit for the area may be exceeded by the cost of the energy efficient improvements. However, the entire mortgage cannot exceed 110 percent of the value of the property The cost of the energy improvements and the estimate of the energy savings must be determined based upon a physical inspection of the property by a home energy rating system (HERS) or energy consultant. For a 203(k) loan, the entire cost of the HERS or the energy consultant can be included in the mortgage. On new construction (an addition or new building on an existing foundation), the energy improvement must be over and above those required for compliance with the current FHA energy conservation standards for new construction. The estimate of the energy savings in new construction must be based upon a comparison of plans and specification of the house with the additional energy saving improvements to those of the basic house which complies with the current FHA energy conservation standards. Presently, these standards are those of the 1992 CABO Model Energy Code (MEC). The energy inspection of the property must be performed prior to completion of the work writeup and cost estimate to assure there is no duplication of work items in the mortgage. After the completion of the appraisal, the cost of the energy improvements are calculated by the lender to determine how much can be added to the mortgage amount.

Rehab a Home w/HUD's 203(k) - Part 2

Condominium Unit

The Department also permits Section 203(k) mortgages to be used for individual units in condominium projects that have been approved by FHA, the Department of Veterans Affairs, or are acceptable to FNMA under the guidelines listed below.
The 203(k) program was not intended to be a project mortgage insurance program, as large scale development has considerably more risk than individual single-family mortgage insurance. Therefore, condominium rehabilitation is subject to the following conditions:
Owner/occupant and qualified non-profit borrowers only; no investors;
 Rehabilitation is limited only to the interior of the unit. Mortgage proceeds are not to be used for the rehabilitation of exteriors or other areas which are the responsibility of the condominium association, except for the installation of firewalls in the attic for the unit;
Only the lesser of five units per condominium association, or 25 percent of the total number of units, can be undergoing rehabilitation at any one time;
The maximum mortgage amount cannot exceed 100 percent of after-improved value.
After rehabilitation is complete, the individual buildings within the condominium must not contain more than four units. By law, Section 203(k) can only be used to rehabilitate units in one-to-four unit structures. However, this does not mean that the condominium project, as a whole, can only have four units or that all individual structures must be detached.
Example: A project might consist of six buildings each containing four units, for a total of 24 units in the project and, thus, be eligible for Section 203(k). Likewise, a project could contain a row of more than four attached townhouses and be eligible for Section 203(k) because HUD considers each townhouse as one structure, provided each unit is separated by a 1 1/2 hour firewall (from foundation up to the roof).
Similar to a project with a condominium unit with a mortgage insured under Section 234(c) of the National Housing Act, the condominium project must be approved by HUD prior to the closing of any individual mortgages on the condominium units.

How the Program Can Be Used
This program can be used to accomplish rehabilitation and/or improvement of an existing one-to-four unit dwelling in one of three ways: To purchase a dwelling and the land on which the dwelling is located and rehabilitate it.
To purchase a dwelling on another site, move it onto a new foundation on the mortgaged property and rehabilitate it.
To refinance existing liens secured against the subject property and rehabilitate such a dwelling.
To purchase a dwelling and the land on which the dwelling is located and rehabilitate it, and to refinance existing indebtedness and rehabilitate such a dwelling, the mortgage must be a first lien on the property and the loan proceeds (other than rehabilitation funds) must be available before the rehabilitation begins.
To purchase a dwelling on another site, move it onto a new foundation and rehabilitate it, the mortgage must be a first lien on the property; however, loan proceeds for the moving of the house cannot be made available until the unit is attached to the new foundation.

Eligible Improvements
Luxury items and improvements are not eligible as a cost rehabilitation. However, the homeowner can use the 203(k) program to finance such items as painting, room additions, decks and other items even if the home does not need any other improvements. All health, safety and energy conservation items must be addressed prior to completing general home improvements.

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Required Improvements
All rehabilitation construction and/or additions financed with Section 203(k) mortgage proceeds must comply with the following:
A. Cost Effective Energy Conservation Standards
(1) Addition to existing structure. New construction must conform with local codes and HUD Minimum Property Standards in 24 CFR 200.926d.
(2) Rehabilitation of Existing Structure. To improve the thermal efficiency of the dwelling, the following are required:
a) Weatherstrip all doors and windows to reduce infiltration of air when existing weatherstripping is inadequate or nonexistent.
b) Caulk or seal all openings, cracks or joints in the building envelope to reduce air infiltration.
c) Insulate all openings in exterior walls where the cavity has been exposed as a result of the rehabilitation. Insulate ceiling areas where necessary
d) Adequately ventilate attic and crawl space areas. For additional information and requirements, refer to 24 CFR Part 39.

(3) Replacement Systems.
a) Heating, ventilating, and air conditioning system supply and return pipes and ducts must be insulated whenever they run through unconditioned spaces.
b) Heating systems, burners, and air conditioning systems must be carefully sized to be no greater than 15 percent oversized for the critical design, heating or cooling, except to satisfy the manufacturer's next closest nominal size.


B. Smoke Detectors. Each sleeping area must be provided with a minimum of one (1) approved, listed and labeled smoke detector installed adjacent to the sleeping area.

Determining Upon One or Two Appraisal Reports
The appraiser must provide an opinion of the After-Improved value of the subject property, and in some cases, may be directed by the lender to provide the As-is value.
In those cases for which both As-is and After-improved values are required, the valuation analysis may consist of either one or two separate appraisal reports.

The number of appraisals depends on the complexity, scope and lender review of the proposed rehabilitation and nature of the work.

A. As-is Value. A separate appraisal (Uniform Residential Appraisal Report) may be required to determine the as-is value. However, the lender may determine that an as-is appraisal is not feasible or necessary. In this instance, the lender may use the contract sales price on a purchase transaction, or the existing debt on a refinance transaction, as the as-is value, when this does not exceed a reasonable estimate of value.

Further, on a refinance transaction, when a large amount of existing debt (i.e., first and second mortgages) suggests that the borrower has little or no equity in the property, the lender must obtain a current as-is appraisal on which to base the estimated as-is value.

On a refinance, the borrower may have substantial equity in the property to assure that no further down payment is required on the new loan amount. In some cases, the borrower will not have an existing mortgage on the property. In this case, the lender should obtain some comparables from a real estate agent/ broker to estimate an approximate as-is value of the property.

Another way of establishing the as-is value is to obtain a copy of the local jurisdiction tax valuation on the property.
B. Value After Rehabilitation. The expected market value of the property is determined upon completion of the proposed rehabilitation and/or improvements.

For a HUD-owned property an as-is appraisal is not required and a DE lender may request the HUD Field Office to release the outstanding HUD Property Disposition appraisal on the property to the lender to establish the maximum mortgage for the property. The HUD appraisal will be considered acceptable for use by the lender if. (1) it is not over one year old prior to bid acceptance from HUD; and (2) the sales contract price plus the cost of rehabilitation does not exceed 110 percent of the "As Repaired Value" shown on the HUD appraisal. If the HUD appraisal is insufficient, the DE Lender may order another appraisal to assure the market value of the property will be adequate to make the purchase of the property feasible. For a HUD-property, down payment for an owner-occupant or non-profit organization is 3.5% of the accepted bid price of the property and 100 percent financing on all other costs.

Recently Acquired Properties
Homebuyers who purchase a property with cash can refinance the property using 203(k) within six (6) months of purchase, the same as if the buyer purchased the property with a 203(k) insured loan to begin with. Evidence of interim financing is not required; the mortgage calculations will be done the same as a purchase transaction. Cash back will be allowed to the borrower in this situation less any down payment and closing cost requirement for the 203(k) loan. A copy of the Sales Contract and the HUD-1 Settlement Statement must be submitted to verify the accepted bid price (as-is value) of the property and the closing date.

Architectural Exhibits
The improvements must comply with HUD's Minimum Property Standards (24 CFR 200.926d and/or HUD Handbook 4905.1) and all local codes and ordinances. The homebuyer may decide to employ an architect or a consultant to prepare the proposal. The homebuyer must provide the lender with the appropriate architectural exhibits that clearly show the scope of work to be accomplished. The following list of exhibits are recom mended, but may be modified by the local HUD Field Office as required.


A. A Plot Plan of the Site is required only if a new addition is being made to the existing structure. Show the location of the structure(s), walks, drives, streets, and other relevant details. Include finished grade elevations at the property corners and building corners. Show the required flood elevation.

B. Proposed Interior Plan of the Dwelling. Show where structural or planning changes are contemplated, including an addition to the dwelling. (An existing plan is no longer required.)

C. Work Write-up and Cost Estimate. Any format may be used for these documents, however, quantity and the cost of each item must be shown. Also include a complete description of the work for each item (where necessary). The Rehabilitation Checklist in Appendix 1 of Handbook 4240.4 REV-2 should be used to ensure all work items are considered. Transfer the costs to the Draw Request (form HUD-9746-A).

Cost estimates must include labor and materials sufficient to complete the work by a contractor. Homebuyers doing their own work cannot eliminate the cost estimate for labor, because if they cannot complete the work there must be sufficient money in the escrow account to get a subcontractor to do the work. The Work Write-up does not need to reflect the color or specific model numbers of appliances, bathroom fixtures, carpeting, etc., unless they are nonstandard units.


The consultant who prepares the work write-up and cost estimate (or an architect, engineering or home inspection service) needs to inspect the property to assure: (1) there are no rodents, dryrot, termites and other infestation; (2) there are no defects that will affect the health and safety of the occupants; (3) the adequacy of the existing structural, heating, plumbing, electrical and roofing systems; and (4) the upgrading of thermal protection (where necessary).

Ten Questions on the Volatile Housing Market

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Ten Questions on the Volatile Housing Market


Lower Prices Have Spurred Home Sales, but Looming Foreclosures and High Unemployment Are Clouding the Outlook

By JAMES R. HAGERTY (The Wall Street Journal)


The U.S. housing market has been in a slump for the past four years. When will it ever end?

In recent years, real estate has proven as jittery and unreliable as any other market. The average U.S. home price nearly doubled between January 2000 and April 2006, according to the First American LoanPerformance index. Since then, the average has fallen about 30%. The drop has been 53% in the Las Vegas metropolitan area and 39% in Miami, where about a quarter of all households with mortgages are behind on their payments or in foreclosure. The value of your home might be determined more by whether the neighbors keep their jobs than whether the house has ample light and closet space.

Here is a guide to navigating a fractured and volatile market:

1. Is the housing market getting better?
It has shown some signs of healing this year, but the much-touted recovery is tentative and fragile.
Home sales have increased from the severely depressed levels of 2008. The inventory of unsold homes listed for sale also is down. Bidding wars are breaking out for foreclosed homes in the sorts of neighborhoods (near jobs and decent schools) that attract both first-time buyers and investors seeking rental properties.
But more than 6.7 million U.S. households with mortgages, or about 13%, are behind on their payments or are in the foreclosure process, according to the Mortgage Bankers Association. Eventually, many of them will lose those homes, sending more supply onto the market. Unemployment has continued to rise, and the housing market is unlikely to show a sustained recovery until job growth resumes.
While the supply of middle-class homes on the market has declined somewhat, it remains ample in most places. And there is a huge glut of high-end houses for sale in many areas. That means prices of high-end homes might still have a long way to fall.

2. When will housing bottom out?
There probably won't be any clear turning point. Monthly indicators, such as home sales and prices, tend to bounce erratically from month to month, making it hard to discern the underlying trend. And the housing bust will end at different times in different places. House prices already might have bottomed out in the coveted Virginia suburbs with short commutes into Washington, D.C., for instance. But it probably will be years before all of the unsold condos find buyers in parts of Florida.

Generalizations about states or metropolitan areas don't say much about what is happening in your neighborhood. In Summit, N.J., known for good schools and an easy, 45-minute train commute to Manhattan, the median home price in September was up 1.2% from a year earlier, according to Otteau Valuation Group, an appraisal company. In Atlantic City, N.J., which suffers from too much speculative building of condominiums and weak demand for vacation homes, the median price is down about 12% from a year ago.

3. What signals should I watch to determine whether my local market is improving?
One way to get a sense of supply is to ask a good local real estate agent for stats on how many homes are listed for sale in your town and how many months it would take at the current sales rate to absorb that supply. Anything over about six months generally is considered high, meaning that sellers might have to cut prices. Another way to get a sense of a neighborhood's health is to count the number of for-sale signs and vacant houses. If there are more than a couple vacant homes in a block, that might be a bad sign, particularly if no one is taking care of them.

The supply of homes listed for sale has fallen very sharply in some areas. But the supply is likely to balloon again in many areas with a renewed surge in foreclosures. Many local newspapers provide information on foreclosure filings.

Demand depends heavily on the job market. The U.S. Bureau of Labor Statistics provides unemployment rates by metropolitan area. In September, they ranged from 2.9% in Bismarck, N.D., to 30% in El Centro, Calif. State and local agencies provide job-market data, too. Celia Chen, a housing economist at Moody's Economy.com, says help-wanted signs can be a useful local indicator; if you start seeing more of them around your neighborhood, that is a sign that business in your area could be starting to recover.

4. How can I figure out the value of my home?
You never know for sure what a home will fetch until you put it on the market, and then it is partly a matter of luck. Will the eager buyer who shares your taste in home style and neighborhood show up on day one or day 200?

Some Web sites -- including Zillow.com, HomeGain.com and Cyberhomes.com -- provide estimates of individual home values. These estimates are largely based on recent sales of nearby homes, and in some cases they are wildly off the mark. But they often provide a ballpark idea of a home's value.

You might come closer to the real value by talking to a local agent and looking at recent prices for homes that you know are very similar to yours. If you want to be more scientific and don't mind paying a few hundred dollars, hire a professional appraiser.

5. Does it matter whether I'm "under water"?
At least you have plenty of company. About 20% of owners of single-family homes with mortgages owe more than the current estimated value of their homes, according to Zillow.com.
If you can afford your monthly payment and don't need to move soon, that might not be a big problem. But it is hard, and sometimes impossible, to refinance a mortgage if you are under water, and you will take a bath if you have to sell the home now. Some people who can afford to make their monthly mortgage payments are deciding it doesn't make sense to do so because they don't expect their home values ever to recover to past peaks, and they could rent similar houses for much lower monthly costs.

6. If I lose my home to foreclosure, how long will it take to repair my credit record?
It probably will be three to five years before you can qualify for a home mortgage insured by the government, depending on your circumstances, and that assumes you have re-established a record for paying your bills on time. The foreclosure will remain a blot on your credit record for seven years, likely raising your interest costs even if you do get another loan. If you pay bills on time, keep your credit-card balances low and don't apply for too many cards, you can make a "slow, gradual improvement" in your credit score, says Tom Quinn, a vice president at Fair Isaac Corp., which provides tools for analyzing credit records.

7. If I'm renting, is now a good time to buy a house?
It may well be. Prices in most areas are well below their peaks, even if they haven't hit bottom. Don't kid yourself that you can time the bottom of the market perfectly. But don't feel any pressure to buy in a hurry, because the supply of housing is likely to remain ample for years in many areas.
Generally, it doesn't make sense to buy unless you expect to remain in the house for at least four or five years, because the transaction costs -- including commissions for real estate agents and mortgage fees -- are heavy.

But now is clearly a good time to rent. Many landlords need tenants badly. The national apartment-vacancy rate in the third quarter was 7.8%, the highest in 23 years, according to Reis Inc., a New York research firm. So landlords are cutting rents and offering such sweeteners as free flat-screen televisions or several months of free rent to retain or attract tenants. Some owners of condos will "cut their throats to get some kind of rental income to cover part of their expenses," says Jack McCabe, a real estate consultant in Deerfield Beach, Fla.

8. Can I get a tax credit if I buy a home now?
Under an expanded and extended program approved by Congress earlier this month, tax credits are available to many people who buy or sign a contract to buy a principal residence by April 30 and complete the purchase by June 30. The tax credit is up to $8,000 for first-time home buyers and $6,500 for people who already have owned a home for at least five consecutive years during the previous eight years. The credit is available for individual taxpayers with annual incomes of up to $145,000 or joint filers with incomes up to $245,000.

9. Can I get a mortgage on attractive terms?
Only if you have a good credit record, a moderate amount of debt in relation to your income and the ability to fully document your income. That last requirement is fairly easy for people who work for a salary and have had the same employer for more than two years, but it can be tough for self-employed people with incomes that vary substantially from year to year.

A borrower with a strong credit score of 740 or higher (on the scale of 300 to 850) and the ability to make a down payment of at least 20% could get an interest rate of about 5% with no origination fees on a 30-year fixed-rate mortgage, says Lou Barnes, a mortgage banker in Boulder, Colo. But if your credit score is 680, the rate jumps to about 5.5%.

People who can't make a down payment of at least 20% generally are being funneled into loans insured by the Federal Housing Administration. That means paying extra fees for the FHA insurance.

Borrowing costs are steeper at the high end of the housing market. For so-called jumbo loans -- those above $729,750 in areas with the highest housing costs or $417,000 in places with the lowest costs -- interest rates on 30-year fixed-rate mortgages last week averaged 5.95%, according to HSH Associates, a financial publisher.

10. Should I invest in foreclosed homes?
Probably not. A lot of investors chase these properties, and only the most experienced know how to deal with all of the pitfalls. Homes auctioned at trustee or sheriff sales are sold on an as-is basis, and there is no provision for an inspection before you take ownership. If after buying you find out that termites have been treating the floor joists as an all-you-can-eat buffet, that is your problem. You must pay for the full price within a day or two, so you need a lot of cash or access to special short-term loans for investors that come with interest rates of around 18%. This is a pursuit best left to people with a lot of time, nerve, cash and knowledge of the local market.

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***Keep in mind that a home that is short sold is NOT the same as a foreclosure***
A short sale is a sale of real estate in which the sale proceeds fall short of the balance owed on the property's loan. It often occurs when a borrower cannot pay the mortgage loan on their property, but the lender decides that selling the property at a moderate loss is better than pressing the current debtor. Both parties consent to the short sale process, because it allows them to avoid foreclosure, which involves hefty fees for the bank and poorer credit report outcomes for the borrower.

______________________________________________

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Utah - Quality of Life

Overview

Residents of Utah enjoy an invigorating four-season climate, a moderate cost of living, high quality education, excellent health care, and outstanding cultural and recreational opportunities.

These economic, social and cultural advantages make Utah a very desirable place to live.

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Highlights

Utah's cost of living falls below national levels for most indicators.

The median sales price of a home in Salt Lake County in April 2008 was $235,000. Utah homes sales have been impacted by the national mortgage problems, but continue to be fairly strong.

Salt Lake County Parks and Recreation provides various activities for citizens of all ages, including a Jr. Jazz program.

Residents of the state enjoy lower disease rates and longer life expectancies.

Utah's culture emphasizes a family and community lifestyle. Thirty-nine states have higher violent crime rates than Utah.

Utah's professional sports teams include the Utah Jazz of the NBA, the Salt Lake Bees of Triple A baseball, the Utah Grizzlies Hockey club of the International Hockey League, and the REAL Salt Lake, Major League Soccer.

Utah is home to the U.S. National Ski Team.

The dry, powdery snow found at Utah's 14 Alpine ski resorts is considered to be the "greatest snow on earth".

Utah arts enthusiasts enjoy a unique mix of performing arts groups, including the Utah Symphony, Ballet West, the Utah Opera Company, the Utah Shakespearean Festival and the Mormon Tabernacle Choir, and modern dance.

Utah has five national parks: Arches, Canyonlands, Zion, Bryce and Capitol Reef.

Salt Lake also provides a variety of unique and enjoyable restaurants, clubs, and bars.

What is a CDPE?

What is a CDPE?

The prospect of foreclosure can be financially and emotionally devastating, and often homeowners proceed without guidance of any kind. The developers of the CDPE Designation believe that the best course of action for a homeowner in distress is to speak with a well-informed, licensed real estate professional. They have the tools needed to help homeowners find the best solution for their situation. Often, when other options have been exhausted, CDPEs can help homeowners avoid foreclosure through the efficient execution of a short sale.
While enduring financial difficulties is challenging for any family, the process of finding a qualified real estate professional should not be. Selecting an agent with the CDPE Designation ensures you are dealing with a professional trained to address your specific needs. A Certified Distressed Property Expert® is a real estate professional with specific understanding of the complex issues confronting the real estate industry, and the foreclosure avoidance options available to homeowners. Through comprehensive training and experience, CDPEs are able to provide solutions for homeowners facing hardships in today’s market, specifically short sales.

CDPEs don’t merely assist in selling properties, they serve and help save their clients in need.

What You Need to Bring to Settlement…

What You Need to Bring to Settlement…
Settlement customs vary widely. Your best bet is to consult with your agent and attorney about who is expected to bring what items to settlement. Most items will be sent ahead by your Sales Associate or arranged by the settlement attorney or escrow agent.

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Items needed at settlement:


A Copy of your Real Estate Purchase Agreement and all Addenda.

A Copy of your Good Faith Estimate provided to you by your lender.

Certified Funds for the amount that your lender has required (certified bank check, money order, cash). If you are not sure of how much to bring simply call your lender or your agent.

Proof of Identification for each person signing on the home/loan(s). Usually your Driver’s License works best.

If you are signing on behalf of another individual you must bring a copy of the Power of Attorney Document.


Any additional lender required item(s). Your lender will have notified you of any additional items.

3 Must Have Qualifications for a Short Sale

3 Must Have Qualifications for a Short Sale

While the misconceptions of what qualifies a seller for a
short sale are many, the reality is actually very simple.
Following is an explanation of the three major items that
banks will be looking for to consider a seller for a short sale. While
there will be much more information required, this is an excellent
place to start. A seller who does not meet all three of these
thresholds will not qualify.

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1. Financial Hardship

First and foremost a lender will want to see that your client is
experiencing a ‘financial hardship’. A financial hardship is a verifiable
issue that has caused your client to miss payments or have financial
difficulties.

Financial hardships can be issues such as:

• Mortgage Payment Adjustment
• Job Loss
• Too Much Debt
• Business Failure

A simple definition for ‘financial hardship’ is:
A material change in-between the day the mortgage was signed
and today that has affected the borrower’s ability to pay.

2. Monthly Shortfall
Almost every lender will want to see that a potential short sale
client cannot afford to pay their mortgage. The way that this is
demonstrated is on a financial worksheet that is essentially a
monthly profit and loss statement. While this may sound difficult in
reality determining whether a client has a monthly shortfall or not is
actually relatively easy.
The equation is:
Total Monthly Income – Total Monthly Expense = Monthly Shortfall
If your client does not have a monthly short fall but will have one
soon due to a payment increase or pending layoff, etc. then they
still can qualify for a short sale as long as this issue is verifiable.

3. Insolvency
In order to qualify for a short sale, your client cannot have the
means to pay down his mortgage. This means that the mortgage
company wants to see that your client owes more
than he has in cash (know as being insolvent). Your
client does not however have to be completely
broke—this is a common misconception, the lender
will want to see that over time the borrower will not
be able to pay their obligation.

Alex Charfen, Co-Founder of the Distressed Property Insitute

Dates Ski Resorts Open

Resort Status


Alta Ski Area 11/ 20
Beaver Mountain Resort TBA
Brian Head Resort 11/ 21
Brighton Ski Resort 11/ 16
The Canyons 11/ 27
Deer Valley Resort 12/ 5
Park City Mountain Resort 11/ 21
Powder Mountain 11/ 28
Snowbasin, A Sun Valley Resort 11/ 26
Snowbird Ski and Summer Resort 11/ 21
Solitude Mountain Resort OPEN
Sundance Resort 12/ 11
Wolf Creek Utah Resort 12/5


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What Should I Look for When Walking Through a Home?

What Should I Look for When Walking Through a Home?

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Is there enough room for both the present and the future?

Are there enough bedrooms and bathrooms? Could you add more?

Is the house structurally sound? Roof? Foundation? Etc.

Do the mechanical systems and appliances work?

Is the yard big enough?

Do you like the floor plan?

Do you like the community?

Where does the home’s value compare to other homes in the area?

How long will you live there? What will the neighborhood’s value be then?

How do the schools compare?
Will your furniture fit? Is there enough storage?

Imagine living in the home… how does it feel? During each season?

Things to Remember when Buying a Home…

Things to Remember when Buying a Home…


After Pre-Qualifying for a mortgage, don’t make major purchases on credit or use your available cash for down payments. The lender will be required to pull your credit report a second time right before you close.

Be sure to ask about Home Warranties and Home Inspections. These will save you major headaches down the road!

Before you even look at even one home, pre-qualify with a mortgage lender so you don’t set your expectations too high or too low when viewing properties.

Assess your needs v. wants on a sheet of paper. Divide the paper into two sides: on one side make a list of features that you HAVE to have and on the other a list of features that would be nice to have.

Keep a record of all your documents from beginning to end, this will help you in preparing your taxes and when you decide to sell your home.

Be realistic when negotiating with the seller, evaluate recent trends in the market and the average sale price v. listed price in the area. Your agent will show you data on the MLS for comparisons. Remember… you and the seller set the price, not your agent or theirs.


If you know you have credit complications, it is a good idea to meet with a qualified mortgage lender to assess your situation and create a strategy for cleaning up your credit, your lender will advise you on what steps to take in order to qualify sooner for a loan.

Love snow? It's almost ski and snowboarding season!!!

LOVE SNOW? One more reason to buy a home in Utah! Live less than 30 minutes away from the slopes! To look at our listings, add us at http://www.facebook.com/listingyourhome


 September 10, 2009


SALT LAKE CITY – A struggling economy is turning out to be good news for skiers and snowboarders who live close enough to mountains that they can hit the slopes every weekend.


Many ski resorts are slashing prices on season passes and offering locals-only discounts in an effort to boost revenues from nearby metropolitan areas at a time many U.S. travelers are choosing to vacation closer to home.


In few places is this trend more evident than in Utah, where snow lovers can drive from downtown Salt Lake City and be in a lift line in roughly 30 minutes.


"It's a no brainer," said Nick Como, Solitude Mountain Resort's marketing director. "There's so many people down there that don't ski. There's a great market that's just untapped."


Labor Day is the traditional kickoff to preseason winter deals, with discount offers generally expiring every few weeks until the season starts.


Solitude, like many other resorts around the country, has begun offering new season ticket packages at reduced prices on the heels of a winter in which skier visits nationally dropped 5.5 percent in the 2008-09 season from the record 60.5 million visits the season before, according to the National Ski Areas Association.


The association's annual report said destination resorts fared the worst last winter, with resorts close to major cities weathering the economic downturn the best. Many Utah resorts noticed a dip in room reservations from out-of-state tourists, but an uptick in season passes purchased by Utah residents.


"Salt Lake feels really fortunate to have a large local population near us. A lot of our resorts are reaching out to locals maybe more this season than you've seen in the past," said Jessica Kunzer, spokeswoman for Ski Utah, the ski industry's marketing arm in the state. "A lot of the resorts are saying they've extended their early season offerings and discounts. ... The consumer really wants to make sure they get the best bang for their buck."

Read more at: http://www.skiutah.com/