Category Archives: Cross River NY

Cross River New York Real Estate for Sale

End Fannie Mae and Freddie Mac Now: Menendez–Boxer Bill Not the Solution | Katonah Realtor

It is time to end Fannie Mae and Freddie Mac. For over four years, Congress has failed to start the process of phasing out the two failed mortgage finance giants and replace them with a private-sector mortgage finance system. Most of the time, opponents used the excuse that housing markets were just too weak to do anything that might delay the housing recovery, leaving both entities to languish under the control of the Federal Housing Finance Agency (FHFA).

Instead, some in Congress and the Obama Administration have focused on a series of generally unsuccessful efforts to enable borrowers whose homes are now worth less than they owe to refinance the loans.[1] Undeterred by the underperformance of these programs, several Senators have decided to try again. Senate Majority Leader Harry Reid (D–NV) is expected to schedule Senate consideration in the lame-duck session of another refinancing bill by Senators Robert Menendez (D–NJ) and Barbara Boxer (D–CA).

As with past efforts, their approach would be a policy mistake. Congress should skip the sideshow and move instead to the main event of ending Fannie Mae and Freddie Mac.

Rationale for Mass Refinancing Is Ending

Driven by housing activists, Congress, and the executive branch, government agencies have focused on encouraging lenders to refinance underwater mortgages since mid-2007. Supporters justified their approach by noting that falling housing prices made it virtually impossible for borrowers to reduce the loans to a point where the worth of their houses would equal the amount that they owed. This has led many homeowners to simply walk away from their obligations, leaving their houses to be repossessed and further lowering property values in the area.

However, most of these programs have actually helped only a relatively small number of borrowers.[2] A recovering market with gradually rising prices will do much more to enable underwater borrowers to return to building equity. And there are firm signs that the long-awaited housing recovery is well underway, which would further obviate the need for mass refinancing.

In the third quarter, median sales prices increased over those of last year in 120 of 149 metropolitan areas,[3] with prices increasing an average of 5 percent over those of a year ago, the largest 12-month gain since July 2006. In addition, inventories are shrinking, with only 2.32 million existing homes available, a 20 percent drop from the same period in 2011, while the national median price of a single-family home has risen by 7.6 percent over the past 12 months.

Housing Market Propels Economy | Cross River Realtor

The U.S. housing market, which plunged the economy into recession five years ago and was a persistent drag on the recovery, is now a key economic driver at a time when other sectors are slowing.

Economists project U.S. gross domestic product growth will slow in the final three months of the year from the sluggish 2% annual rate in the third quarter. Businesses, unnerved by the prospect of federal tax increases and spending cuts known as the “fiscal cliff” taking effect in January, have slowed their pace of investment spending. Defense spending also is expected to slow, further weighing on growth.

But while those economic pillars weaken, an improving housing market is buoying consumers’ spirits and giving the economy its biggest lift since the real-estate boom. Macroeconomic Advisers projects the economy will grow at a 1.4% annual rate in the fourth quarter, with housing contributing 0.4 percentage point. IHS Global Insight is projecting a 1% growth rate, with housing contributing 0.53 of a percentage point—the largest contribution since 2005.

“Housing seems unfazed by the uncertainty that is plaguing other parts of the economy,” said Ben Herzon, an economist with Macroeconomic Advisers.

The real-estate recovery is just beginning, of course, and housing’s role in the overall economy remains diminished by five years of rising foreclosures and falling prices. New loans aren’t easy to come by as lenders grapple with distressed mortgages. Millions of homeowners owe more than their property is worth. Still, housing’s steady improvement is “going to offset some of the slowdown in manufacturing, and it is one of the reasons we think we’re likely not to see a double-dip recession,” said Doug Duncan, chief economist at Fannie Mae FNMA -1.79% .

Home prices rose 3.6% in September from a year ago, according to the S&P/Case-Shiller National Index out Tuesday. Prices are up 7% through the first nine months of 2012, which is the strongest rise since 2005 and puts prices on a trajectory to beat even the most optimistic forecasts from earlier this year. The gains also are broad-based, with the 20 cities tracked by the Case-Shiller index—except Chicago and New York—showing year-over-year gains.

The housing turnaround has been a boon for real-estate brokers and home builders, some of whom have seen their stock prices more than double this year. Retailers have seen a new stream of customers ready to decorate, furnish and upgrade their homes while investors are splashing out at hardware stores to renovate previously foreclosed homes. Banks, meantime, have posted record mortgage profits amid high refinance volumes and stronger demand for new loans.

Beyond those direct benefits are a number of indirect effects. Rising home values make homeowners feel better about their finances—making them more likely to spend and, with interest rates low, more comfortable about taking on debt. An index of confidence released Tuesday by the Conference Board rose to 73.7 in November, the highest level since February 2008.

“Housing’s share belies its importance to the economy,” said Joseph LaVorgna, chief U.S. economist at Deutsche Bank DBK.XE +2.32% . “The confidence effects are massive.”

Rising home prices are making consumers feel flush, which may eventually spur them to spend more: New home-equity lines of credit are projected to grow by 22% this year to $77 billion, a three-year high, according to Moody’s MCO -1.18% Analytics. “We can start to see the housing market as an assist to our growth rather than an anchor,” said Frank Blake, chief executive of retailer Home Depot Inc. HD -0.34% on an earnings call this month.

Rising home values have given Clara Soh confidence about her finances—and she is spending accordingly. The 35-year-old senior director at a pharmaceuticals trade group has spent the past five years saving more and spending less. With interest rates low, she recently refinanced a Portland, Ore., home that she has been renting out since her recent move to Washington, D.C. That lowered her payment by $300 a month—while the home has gained $100,000 in value. Now she plans to pay off her 30-year mortgage early and splurge a little: She recently spent $300 on clothes, $1,000 on climbing gear, and $700 on a new bike. “I feel a little more confident about the direction things are going. I have a little more of a cushion,” she said.

While rising prices now are driving the housing market forward, that couldn’t have happened without a painful cycle of losses. Lower prices and rock-bottom interest rates have boosted affordability. The average monthly mortgage payment on a median-price home in October, assuming a 10% down payment, fell to $720 at prevailing rates, down from nearly $1,270 at the end of 2005.

Rising rents and an uptick in household formation have ignited demand, which, in turn, has pushed inventories of homes for sale to their lowest level in at least a decade. The upshot: More buyers are chasing fewer homes, pushing up prices.

“Consumers are trying to find a house to buy and they can’t,” said Ivy Zelman, chief executive of research firm Zelman & Associates. In Phoenix, Maracay Homes WY 0.00% sold out four of its 12 developments this year and will add 10 new ones over the next six months. At Whispering Heights, a Maracay development in Chandler, Ariz., that courts move-up buyers with homes priced from $250,000, the company sold as many as 10 homes a month, up from three a month last year. They sold out in October.

8 states where ‘repair and deduct’ could spark eviction | Katonah Real Estate

Q: Our landlord has refused to fix our heater, despite our repeated requests. We’d fix it ourselves, but we can’t afford it. In fact, we’re down to one income and are behind in the rent. The landlord says if we fix it ourselves and deduct the cost from our rent bill, he’ll evict us. Is this legal? –Dale and Candace

A: In every state but Arkansas, residential landlords are required to offer and maintain fit and habitable housing. While a handful limit the guarantee to certain types of tenancies (excluding portions of the guarantee for single-family dwellings, for example), most simply extend the warranty to all tenancies. But that doesn’t mean that all tenants, at every moment, can call upon its protections.

In fact, at least eight states condition a tenant’s right to get action from the landlord on the tenant not being delinquent in rent at the time the tenant gives notice to the landlord of the problem. In Delaware, Massachusetts, Missouri, Nevada, New Hampshire, Texas, West Virginia and Wyoming, tenants cannot avail themselves of some typical remedies — withholding the rent, using “repair and deduct,” or moving out without liability for rent — unless they’re current in the rent.

The policy behind this rule is pretty straightforward — it’s to discourage tenants from staying rent-free while they manufacture habitability problems and fight an eviction. Although the vast majority of tenants do not engage in such behavior, publicized stories of “tenants from hell” who manage to stay in the property while the landlord spends time and money trying to evict them have gotten legislators’ attention.

You’ll need to find out where your state stands on the issue, before you can confidently fix the heater and lower your rent obligation. If you live in one of the states mentioned above, your landlord may indeed have grounds to punish your exercise of a remedy that would otherwise be available to you.

Q: I’ve just learned that one of my tenants was arrested for assault last week. The incident took place in a city park. Can I terminate the tenancy on this basis? –Andre Z.

A: Several states have laws that allow landlords to terminate tenancies when the tenant has committed certain illegal acts. (Many states also allow for termination when there’s an act of domestic violence, but that’s not exactly what you’re asking about.) These laws vary considerably when it comes to what kinds of acts will justify a termination, and how much proof is needed by the landlord.

It’s most common for states to allow termination when the acts affect the health or safety of other residents or tenants. For example, Iowa’s provision targets acts that threaten the safety of the landlord, landlord’s employee, other tenants, or anyone within 1,000 feet of the property. (Iowa Code Section 562A.27A.)

But not all states are similarly limiting — in Tennessee, for example, the landlord can terminate if the tenant “willfully or intentionally commits a violent act,” no matter where it might have occurred. (Tenn. Code Section 66-28-517.)

So you’ll need to check your state law to see whether it gives you the right to terminate under the circumstances. You’ll also need to find out whether the tenant must be convicted of the offense first, or whether you can terminate based on the arrest alone.