Saturday, October 30, 2010

Short Sale Fraud

One of the truly interesting things about working in real estate is watching some of the ways that people come up with to work around (or outside) the edges of legal and ethical behavior. I hear people say that it's a sign of the times, that scams tend to happen when the economy is tight. But really, we had other scams going on when things were hot as well. It's like this crazy game of Whack-a-Mole. Some scam pops up, the authorities figure out how to combat it, and almost instantly, a new scam pops up. The "Mole" of the day is fraud related to short sales.

The big thing to remember about short sale fraud is that what we're typically talking about frauds perpetrated against a federally insured lender. That's a federal felony offense, boys & girls, punishable by 30 years in prison and a $1,000,000 fine. And I don't think you'll be playing tennis with the Enron boys if you go down this road.

Probably the biggest key thing that you as a consumer need to understand is the simple concept that any and all payments for anything must - absolutely must - be paid through escrow and disclosed on the closing statement to all parties. If someone is trying to encourage you to handle something outside of escrow, be afraid. I heard one of our California Association of REALTORS® attorneys put it this way a few weeks ago: When you hear the words "outside escrow" in a sentence, just replace them with the words "in a dark alley". It's pretty much the same thing.

I could write about this at some length, but lucky for me, the California Association of REALTORS® has saved me a lot of typing and you a lot of my typical tortured prose. They've published this article, and if you find yourself in the middle of a short sale transaction and something just doesn't smell right I would encourage you to take a look at it. Or better yet, consult an attorney before getting in too deep. It's a lot of reading, but it's probably better to read about it now than wait until you find it in the prison library...

Monday, October 25, 2010

Monday Morning Numbers 10/25/10

Seems like I was just on here...

Good morning once again - time again for our weekly check of the pulse of the Lompoc Valley real estate market. Let's see what's happening out there this week:

Active Listings: 124
Contingent Listings: 35
Pending Listings: 58 (26.7% of the inventory)
New listings: 5
Months of inventory: 6.0
Click here for the updated price per square foot chart.

The most noticeable change in these numbers this week was a big drop in the number of new listings. Only 5 new listings came on, and one of those was actually a re-list of something that had been on for a while previously. The other interesting thing that I saw this week was a huge number of price changes - we had 21 price changes last week (13.2% of the inventory). I stopped reporting on that number regularly a long time ago, but I still keep an eye on it. We have to go back a couple of years to see that many price changes in a week. This week saw roughly twice as many price changes as our weekly average for the year in terms of percentage. Interestingly, 9 of them were REO listings and 6 were short sales.

Later this week I'm going to talk about some fraudulent activity that has been happening around the short sale market. Some of it isn't necessarily what the general public might think of as fraud, so it's probably good to get the word out. Make sure you check back in for that one.

Sunday, October 24, 2010

Focus On Mesa Oaks & Counrty Club

I was supposed to get to this earlier this week, but other business got in the way. That happens sometimes. So I'm sitting here with my laptop in front of the TV looking at the Packers/Vikings game, hoping that they can figure out some way for both teams to lose.

This week we're up to an update on activity in our traditional high end neighborhoods, Mesa Oaks and the Country Club. For a little background on these areas, you can go check out my first post on them from last year.

While most of our market in recent months has been generally active and a little low on inventory, these two areas are pretty much running counter to that trend. As of this evening, we have 17 houses on the market in these areas (3 REO's/3 short sales/11 traditional). This is a big change from when I last reported on these areas in May. That's a big swing in the space of about 5 months.

Sales activity has slowed dramatically here. We only have one contingent sale listed there at the moment (a traditional seller) and 3 pending sales (1 REO and 2 traditional). Over the past three months, we've seen a whopping one sale. Are you kidding me? That one was a traditional sale in case you're keeping score.

If there's good news here, it's that the distressed sale activity up there has dropped to a very low level. But that kind of disparity in inventory is a bit concerning for values in the area. Obviously, when we only have one sale in the area there's no way to really establish a price trend. A lot of this will depend on how badly the traditional sellers in the area need to sell their homes. If some of them are truly discretionary, it may be that they'll come off the market rather than sell at fire sale prices.

Next week, I'm going to alert you to some of the frauds that are becoming common in the short sale arena. Make sure you check back in for that. I might even get it done before Sunday evening...

Monday, October 18, 2010

Monday Morning Numbers 10/18/10

It's going to be a busy Monday, so let's just skip to the chase and get you some numbers:

Active Listings: 128
Contingent Listings: 34
Pending Listings: 58 (26.4% of the inventory)
New listings: 17
Months of inventory: 5.9
Click here for the updated price per square foot chart.

Our inventory edged up a bit this week on the strength of an active week for new listings. Our unlisted REO inventory is down a bit, and with some of the uncertainty surrounding the foreclosure processes, we might see a further decline in the next several weeks. If we continue to see non-distressed listings at the rate we have over the past several months, that probably won't be as large an impact as you might think. I'm still not entirely sure what to make of all this mess, and at some point in the next couple of weeks I hope I can get some good information about it and give you some idea of what to expect. I could sit here and speculate, but you already have plenty of sources for that kind of stuff.

Later this week I'll update activity in the Country Club & Mesa Oaks.

Thursday, October 14, 2010

2010 Third Quarter Update

It's that time again - time for our third quarter market activity extravaganza. Try not to let the excitement overwhelm you... I joke about that, but I'll freely confess to being a total geek for this kind of stuff. So I hope that you at least find it informative.

The last quarter was a little surprising to me in a couple of aspects. Overall, we saw a lower level of sales activity, and what would appear on the surface to be a trend toward lower prices. I don't necessarily think that the overall numbers here are telling the whole story, though. We'll get into that shortly.

As I have for the past few quarters, I'm breaking this down into two segments - statistics that come from combined data of the two MLS services that I use - my primary Lompoc Valley Association of Realtors (LVAOR) MLS and the Central Coast MLS - make up the first part, and then I move to data derived exclusively from LVAOR.

Looking at the combined numbers, we had 102 total sales of single family residential units (houses and condos) in our market last quarter. That represents a decrease of about 12% from the same quarter in 2009, and a decrease of about 23% from the red-hot second quarter. We don't usually look at volume from one quarter to the next because sales volume tends to be seasonal. But in the past couple of years, the seasonal norms have gone right out the window in our market. And it's worth noting the large drop in activity after the expiration of the home buyer tax credits.

Prices dipped in the third quarter after seeing a bit of a rally in the second quarter, as you'll see from the updated Price Per Square Foot chart. This is one of the data points that I'm a little hesitant to take on its face this time around. From being on the inside of this market, I can tell you that the idea that we dropped 6.7% of our value last quarter just doesn't ring true. When I look at individual areas, I see some of them that actually appear to be appreciating in value slightly. I think that there are a couple of factors affecting the overall number. First, when we have fewer total sold properties, it's easier for things to get skewed one way or another. Even with a high volume quarter like we had in the second quarter this year, we're not exactly turning over huge numbers. So there's some room for error, both high and low, with that number. Second, I think that what we saw last quarter was also in part due to the types of properties that were selling. When I break it out and look at it property by property, it appears that we had a few more fixers sold last month than we had in the second quarter. And it appears that we didn't sell as many of our nicer, newer properties this quarter. Bottom line, I'm not seeing enough here to make me think that we're in a down cycle again on price.

Looking at the distressed property numbers, it looks like the numbers have shifted a little bit, but not necessarily in the way that I would have anticipated. REO's accounted for 44.1% of our third quarter sales, up a bit from 34.8% in the previous quarter. Short sales dropped off to 18.6%, down from 23.5% in the second quarter. That leaves non-distressed sales as 37.3% of our market, down slightly from 41.7% in the second quarter. I'm a little bit surprised that we aren't seeing more short sales at this point, and I'm kind of at a loss to explain why that is. It might be that because we've been seeing more non-distressed listings that buyers are opting for those listings first. But sort sale listings haven't exactly exploded either, accounting for only 23.6% of new listings that came on the market in the third quarter, down slightly from 25.8% in the second quarter (that's an LVAOR only number if you're keeping score). I keep expecting that because we have so many homeowners in negative equity positions, and banks trying a little harder to cooperate with - and even encourage - short sales, that we'll see a noticeable increase in these listings. It seems to be slow coming, but I'm still convinced that we are going to see a short sale dominated market in the not-too-distant future.

Now we're into the LVAOR-only part of the program. When I look at how properties are being financed, things shifted a little bit, but not significantly. 23.6% of our sales were financed with conventional loans, 38.2% with FHA loans, 19.1% VA loans, and 19.1% cash. That cash number continues to amaze me. We have investors all over this market, which should probably tell you something about values.

Market times edged up slightly to a median of 24 days in the third quarter, and escrow periods edged up a little bit as well to 46 days. Given the drop in sales volume, I thought that we'd see a little more of an uptick in market times. Not so much, it turns out.

Another statistic that doesn't quite jive with the decline in overall prices is the percentage of units selling at or above the asking price. We saw an increase in those, up to 66.3% in the third quarter. If we were truly seeing a downturn in prices, I would fully expect to see that drop. But we still have a competitive market, and while it doesn't feel quite as frenzied as it was earlier this year, we still apparently have some competition among buyers.

Looking ahead, I expect that we'll continue to bounce around pretty close to our current price level for a while longer. Price recovery is likely to be slow unless we get a significant spike in high-pay employment in our area. But on the flip side, I don't think we have much more room to go down in price, and with interest rates being at the lowest level since 1951 (holy moly!) I can't imagine that we aren't going to see some increased activity. In fact, we may already be seeing some signs that our volume will improve. Our pending listings have edged up in recent weeks, which should translate to a bit of an increase in sales volume in the next quarter. We'll see how that pans out in about three months.

Monday, October 11, 2010

Monday Morning Numbers 10/11/10

I'm back in town after a few days down in Anaheim at the California Association of Realtors business meetings. It's always weird for me to be on the road - I'm definitely a home-body. But the meetings were interesting, and I have a good blog topic for a couple of weeks from now that came out of a recurring theme from them. Let's take a look at this week's numbers:

Active Listings: 121
Contingent Listings: 36
Pending Listings: 59 (27.3% of the inventory)
New listings: 11
Months of inventory: 5.5
Click here for the updated price per square foot chart.

It doesn't appear that much changed while I was out of town. We're still seeing a very slight trend to an increased level of pending sales. The big news that hit last week was that Bank of America is putting the brakes on foreclosures in all 50 states while they review their processes. That could be a significant short term hit on inventory in a few months - we've had a lot of their properties on the market in this cycle. It'll be interesting to watch two things here: Will any of the other major lenders follow suit? And what happens when they resume foreclosures? Stay tuned.

Later this week I'll be doing my wrap-up of the third quarter. You know you don't want to miss that.

Monday, October 4, 2010

Monday Morning Numbers 10/4/10

Good morning again! I'm up to my ears in stuff to do before I can get out of town for some association business tomorrow. Getaway days are always a mad scramble. The good - well, more like mitigating - news is that Diane isn't traveling with me this time, so someone is here to tend to the business on the home front. Let's take a look at the numbers for this week:

Active Listings: 122
Contingent Listings: 33
Pending Listings: 56 (26.5% of the inventory)
New listings: 10
Months of inventory: 5.5
Click here for the updated price per square foot chart.

This looks like another week of largely unchanged numbers, as we seem to be in another little plateau of inventory and activity for a little while.

As a follow-on to the REO post I did a couple of weeks ago: I had mentioned that there had been a recent announcement that Fannie Mae was going to put pressure on loan servicers to process foreclosures more promptly. Well, last week we started to see reports that Chase & GMAC are actually imposing a moratorium on foreclosures for a period while they sort out some legal issues. That might dampen inventory growth a bit in coming months. I give up on trying to guess what's going to happen next.

Unless something real interesting happens, I probably won't have a post later this week. Try not to go into withdrawal.