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Federal Flood Insurance Program Faces New Stress | Bedford Corners Realtor

Early estimates suggest that Hurricane Sandy will rank as the nation’s second-worst storm for claims paid out by the National Flood Insurance Program. With 115,000 new claims submitted and thousands more being filed each day, the cost could reach $7 billion at a time when the program is allowed, by law, to add only an additional $3 billion to its onerous debt.

Congress, just this summer, overhauled the flawed program by allowing large increases in premiums paid by vacation home owners and those repeatedly hit by floods. But critics say taxpayer money should not be used to bail it out again — essentially subsidizing the rebuilding of homes in risky areas — without Congress’ mandating even more radical changes.

“We are now just throwing money to support something that is going to end up creating more victims and costing more money in the future,” Representative Earl Blumenauer, Democrat of Oregon, said of the program, which insures 5.7 million homes nationwide near coasts or flood-prone rivers.

Even with the new rules, critics argue, it will be many years, if ever, before many homeowners are required to pay premiums that accurately reflect the market cost of the coverage. Some communities have long resisted imposing more appropriate building codes to prevent damage, putting the program at further risk of devastating losses when storms like Hurricane Sandy hit. And despite some efforts in recent years, many of the flood maps the program relies on are out of date — which can have expensive, and even deadly, consequences in this era of rising sea levels if homeowners are not cognizant of the risks they face.

The program’s giant debt makes matters worse because simply covering the interest owed the Treasury consumes from $90 million to $750 million a year, depending on interest rates. This means it is much harder to build reserves for future catastrophes.

But others on Capitol Hill argue that the changes adopted in July are an important first step, and that Congress must give the Federal Emergency Management Agency, which runs the program, a chance to apply them before any additional changes are considered.

Already, 44 members of the House of Representatives have called for Congress to appropriate whatever money is needed to help victims recover from Hurricane Sandy, and aides on Capitol Hill say that under such extreme losses, they expect lawmakers will do what they have to do to keep the program solvent — even amid a federal budget crisis.

“It is a program we require people to participate in, so we have to make sure it is adequately funded to handle claims,” said Representative Timothy H. Bishop, Democrat of New York, whose district in Long Island has more than 100 miles of coastline. “You can’t say: ‘Awfully sorry. Hope this works out for you.’ ”

The federal government’s flood insurance program, established in 1968, is one of the world’s largest. The insurance is mandatory for homeowners with a federally backed mortgage if they live in an area subject to flooding at least once every 100 years. The average annual flood insurance premium is about $615, but for homeowners in areas at higher risk of flooding, an annual policy can cost from $1,200 to $3,000, according to Steve Harty, president of National Flood Services, a claims-processing company, depending on the level of coverage.

The federal program collects about $3.5 billion in annual premiums. But in four of the past eight years, claims will have eclipsed premiums, most glaringly in 2005 — the year of Hurricanes Katrina, Rita and Wilma — when claims totaled $17.7 billion. Private insurance companies have long avoided offering flood insurance to homeowners.

“It’s like rat poison to them,” said Tony Bullock, an insurance industry lobbyist, explaining how the risk outweighs the benefit for private insurers. “You need the federal backstop.”

But the program is still a moneymaker for the private insurance industry. Even though these companies bear none of the risk, they take, on average, $1 billion a year of the premiums the government collects, as compensation for help in selling and servicing the policies. Federal auditors argue the payments are excessive.

FEMA officials declined to address whether changes beyond the already passed legislation are needed to strengthen the program.

“These reforms are being implemented,” the agency said in a written statement. “Right now, we’re focused on helping survivors.”

More than one million property owners who live in homes at least four decades old also have historically paid only about 40 percent of the estimated true cost of the coverage the government provides — in large part because of lobbying by the real estate industry, mortgage brokers, homeowners associations and other groups to keep federal authorities from charging more.

Perhaps the most troubling problem, program officials acknowledge, is that only a tiny share of enrolled properties accounts for a giant share of the overall claims, as the properties are repeatedly flooded and rebuilt in low coastal regions and in hurricane flight paths.

One Biloxi, Miss., property valued at $183,000 flooded 15 times over a decade, costing the program $1.47 million, according to federal data provided by the agency to a member of Congress. Another in Humble, Tex., has resulted in over $2 million in flood payouts even though it was worth just $116,000.

An analysis of two decades of claims by the Wharton Risk Center at the University of Pennsylvania shows that certain states, like Texas, which has the second-largest number of policies, pay much less in insurance premiums than the homeowners there collect in damage claims, evidence of the inherent inequity in the national program.

The problem of repetitive claims is much less prevalent in coastal New York and New Jersey, where FEMA estimates Hurricane Sandy flooded 100,000 insured homes.

But homeowners in those two states have fought measures that would reduce storm damage. Barrier island communities in the Northeast, for example, have resisted overtures from the Army Corps of Engineers to build sand dunes as a natural flood barrier, arguing that the dunes would block ocean views or harm the local tourism industry.

Other communities, like Tuckerton, N.J., have failed to take steps recommended by FEMA to better protect homes after flooding through a program that pushes owners to elevate new homes above minimum required heights or to move flood-prone buildings.

Hurricane Sandy damaged more than 300 of the 660 houses in Tuckerton’s beach area, including 22 that were washed away, according to Phil Reed, the town building inspector.

Fifteen years ago, Don Horneff, 74, had his Tuckerton house raised on pilings nine feet above ground level. As a result, he said, Hurricane Sandy’s floodwaters ran only through his basement.

That is the kind of protective measure that federal officials want mandated into all new or rebuilt homes in flood zones.

Last week, piles of mattresses, fencing, chairs, appliances and other debris sat outside many of the homes on Mr. Horneff’s street — and a backhoe worked to clear the mess. “All around me, the homes that were lower, most of them will have to be demolished,” he said, surveying his neighborhood. “It’s very sad. They have lost everything.”

The pending costs for Hurricane Sandy would have been even higher if a greater share of residents along the East Coast had signed up for the insurance, which is voluntary outside the 100-year-flood zones. There would also have been more premium dollars, though not enough to pay the claims.

The fact that many homeowners hit by Hurricane Sandy have no flood or homeowners insurance could prompt Congress to provide assistance to the uninsured, too, as happened after Hurricane Katrina, further raising the cost to the federal Treasury.

Officials in New Jersey and New York say the federal government must move quickly to put the flood insurance program back on stable footing, even if it means increasing the federal deficit.

“All we want in our community — not any more and absolutely not less — is what is due to Sea Isle,” said Leonard C. Desiderio, the mayor of Sea Isle City, N.J., one of the coastal towns hit hard by Hurricane Sandy.

Hurricane Katrina put the program so deeply into debt that federal officials have acknowledged they will never be able to fully repay the $18 billion Treasury-financed loan that bailed the program out.

FEMA, as a result of this year’s legislation, has the authority to raise premiums by as much as 25 percent per year over the next five years. The increases will be imposed mostly on vacation homes and other properties that repeatedly flood, but whose owners have paid far below market insurance rates. The legislation also authorizes the creation of a national reserve fund to help the program handle major flood catastrophes, and urges Congress to appropriate $400 million a year to update the thousands of out-of-date flood control maps. That would likely force new homes to be built elevated off the ground in spots where rising sea levels or recent major storms have had an impact.

Lawmakers who pushed the legislation call it major progress in fixing the program’s well-documented failings.

“The program is on a much more responsible path than it had been just one year ago,” said Zachary Cikanek, a spokesman for Representative Judy Biggert, Republican of Illinois, who co-sponsored the legislation.

But others say much more needs to be done. The federal government should ensure continuous coverage in flood-prone areas, spreading the risk among a larger pool of homeowners, who now often allow their coverage to lapse, said Robert Hunter, an insurance administrator in the Ford and Carter administrations.

The 20,000 communities that participate should also be adopting stronger building or flood prevention codes the way Florida has since Hurricane Andrew did $23 billion worth of damage in 1992. Mr. Hunter pointed to earthquake-prone Chile, where builders must assume the liability for catastrophic earthquake damage for 10 years after construction. “This program still encourages unwise construction instead of discouraging it, and to me that means the program has failed, even with the reforms Congress just adopted,” Mr. Hunter said. “People are being killed and their properties are being destroyed because of a government that gives the false impression that there is less of a flood risk than there really is.”

Eric Lipton reported from Washington, Felicity Barringer from San Francisco, and Mary Williams Walsh from Philadelphia. Jon Hurdle contributed reporting from Tuckerton, N.J.

Going to extremes for defect resolution | Bedford Corners NY Real Estate

DEAR BARRY: When we bought our house, the home inspector found nothing wrong with the heating system. One month after moving in, we turned on the furnace but got no heat on the second floor. We immediately complained to the inspector. He came back to the house and said that nothing was wrong.

A year has gone by, and the problem has not been solved, so we hired another home inspector. He found many defects that were overlooked by the first inspector, including a disconnected heat duct to the second floor. The first inspection was warranted for one year only. Now that the year has passed, what can we do? –Corey

DEAR COREY: You complained to your home inspector one month after buying the property. That was well within the one-year limit. The fact that the inspector did not acknowledge the problem at that time is irrelevant. Your claim was made within the first year, so the inspector is not relieved of liability.

If the inspector is unwilling to admit his mistake, you can file a complaint in small claims court. When the judge sees the second home inspector’s report, your position will be strong

But before taking that step, get some advice from an attorney regarding the best way to approach this. A letter from the attorney to the inspector may be sufficient to resolve the entire matter. You should also find out if the home inspector has insurance for errors and omissions.

DEAR BARRY: Our home inspector reported a leaking seal at the base of the toilet. After moving in, we hired a plumber to fix the leak. When he lifted the toilet, the wood beneath it was wet and rotted. Shouldn’t our inspector have disclosed this damage, as well as the leak? And is he liable for the cost of the additional repairs? –Maggie

DEAR MAGGIE: If a home inspector discovers a leaking toilet seal, the repair should be done before you close escrow. That way, moisture damage under the toilet can be discovered before you take possession of the property. Waiting to do the repair at a later date was not a good idea.

If your home inspector was on the ball, he would have recommended that the repair be done prior to close of escrow. However, he cannot be held liable for a defect that was in a concealed location.

DEAR BARRY: Do double-pane windows have to be inspected for broken seals when you sell a home? –Debbie

DEAR DEBBIE: Sellers should disclose all defects of which they are aware, including evidence of leaking dual-pane windows. However, sellers are not obligated to perform an inspection for this type of defect.

Home inspectors, if they are good at what they do, typically check for fogging or dry stains between dual-pane windows. In many cases, this evidence is very faint and difficult to see. It takes a well-trained eye to spot the tell-tale traces of leaking dual-pane windows.

Competition Drives Down Foreclosure Discounts | Bedford Corners NY Real Estate

The national average discount on foreclosures has shrunk by 1.4 percentage points over the past year as competition for foreclosures as inventories tighten is driving prices closer to full-price properties.

Homebuyers nationwide in September could expect a discount of 7.7 percent when buying a bank-owned property (REO) versus the same home in a non-distressed sale, according to a new Zillow analysis.

The discount narrowed from 9.1 percent during the same month last year and has fallen dramatically from a peak national discount of 23.7 percent in August 2009. Zillow compared the actual sale price of foreclosed homes nationwide to the estimated price of the same home were it to sell in a non-distressed transaction.

While foreclosure sales continue to offer buyers discounts over traditional sales in the majority of metro areas, some of the areas hardest hit by foreclosures are also those where the price gap between foreclosed and non-foreclosed homes is the smallest. Areas with the smallest foreclosure discounts in September were Phoenix (0 percent), Las Vegas (0 percent), Sacramento, Calif. (0.7 percent) and Riverside, Calif. (1.8 percent), Zillow found.

“The smallest foreclosure discount is found in places where competition for homes is so high, people there are willing to pay the same amount for a foreclosure re-sale that they would for a non-distressed home simply to take advantage of historic affordability,” said Zillow Chief Economist Dr. Stan Humphries. “Additionally, in areas such as Phoenix and Las Vegas, where not long ago one out of every two homes sold was a foreclosure re-sale, buying a foreclosure is no longer just for investors.”

Metro areas with the biggest foreclosure discounts include Pittsburgh (27.4 percent), Cleveland (25.8 percent), Cincinnati (20.2 percent) and Baltimore (20 percent).

Year-over-year foreclosure discounts fell in roughly three-quarters (76.9 percent) of metro areas analyzed, and all metros are down from their peak. Nationwide, foreclosure discounts reached their height in 2008 and 2009, and in some areas peaked at more than 30 percent.

As recently as the second quarter of this year, RealtyTrac reported that the national average price of bank-owned properties was 32 percent lower than the average price of a non-foreclosure home, a slight improvement from a 30 percent discount in the first quarter and also a 30 percent discount in the second quarter of 2011.

One reason for the great difference is the way the two organizations calculate the discount rate is calculated. Zillow’s discount rate is the result of comparing the sale price of a foreclosure to the estimated, non-distressed sale price of the same home. Other reports like RealtyTrac compare the median sale price of all foreclosures sold in a given period with the median sale price of all non-foreclosures sold in the same period.

5 Smart Moves a First-Time Buyer Should Consider | Bedford Corners NY Real Estate

As a first-time real estate buyer, you probably have no idea how the overall purchasing process works or how to make sure you’re making a smart decision to purchase. And you’ll probably be very surprised to learn how much work it really is just to buy a home. To get you started in the right direction, and this is just a start, here are a few tips that you should consider.

Get lender-qualified and find a good real estate agent

To start off, you should get qualified by a lender to see what price range you can realistically afford and interview some real estate agents to find the right person to represent you in your transaction.

Once you’re qualified and have your price range estimate in hand, you’ll be able to spend your time shopping in neighborhoods that you can afford. But remember: Just because the bank says you can qualify for a certain amount, that doesn’t mean you should spend that amount. Make sure you can actually afford the monthly payment, along with all your other bills.

For real estate sales professionals, you should get referrals for a full-time agent or broker who sells at least five or more properties per year and is well-educated on the process and location where you plan to live. You should call references, check that the agent’s state sales license is up to date and interview them to make sure you’ll be comfortable working with them.

Make sure you plan to be a long-term owner

Once you know your price range and have looked at some properties, it’s time to make sure that you believe you can find a property that you will own for a minimum of five years. If your price range doesn’t match where you want to live, you’d be better off staying a renter and saving some additional money until you can afford where you want to live. This is because an owner really doesn’t earn any equity, on average, in a property for at least five years. That’s the general breakeven point, and you really need to shoot for longer than that as an ownership strategy. The truth is, long-term real estate ownership can be a great way to earn wealth, but short-term ownership usually will diminish your wealth.

Educate yourself

Buying property is probably the most complex, riskiest and expensive thing you will ever do. Do your homework: Talk to real estate owners, go to first-time buyer seminars, check out online material and read some books to learn what to avoid in the buying process. The more you educate yourself, the better the chances that when things go wrong — and they will go wrong — they will only be minor issues, not major headaches.

Find a nice affordable property

The real gems in real estate are the nice, decent shape, moderately priced, boring houses, town homes and condominiums that are within your budget. Most buyers stretch to purchase the most expensive property they can afford. What if you lose your job? How about saving some of your money for retirement? You want your home to be an asset you can afford, not a liability that leaves you with no additional funds over the cost of homeownership. Also, skip the fixers, prize properties or anything that sounds too good to be true: Those always end up having issues, and owners realize, after the fact, that the deal they thought they were getting really was just too good to be true!

Take your time

Realistically it should take you six months or longer to buy a nice quality property that will add to your long-term wealth. Make sure you have a full understanding of what the marketplace has to offer in your price range and that you know what you’re doing.

Those are a few tips to get you started in the right direction. Real estate is buyer beware, so try to make sure you’re one of the buyers who is “aware” of how to make quality wealth-building real estate decisions. Down the road you’ll pat yourself on the back when things work out well.

Diane Sawyer’s Zany Election Performance Inspires ‘Drunk Diane’ Twitter Account | Bedford Corners NY Homes

Election night is like no other for on-air journalists. It’s what Christmas is like to Santa Claus, Flag Day is for Betsy Ross, Super Bowl for football players.

It’s a non-stop night of filler coverage, while pundits and political reporters stare as maps slowly change from gray to blue and red. It can be enthralling for us at home, but for those in the studio, it’s a little bit of a (nationally broadcast, live) mess.

So no one can blame Diane Sawyer if she needed a little liquid courage to help her with the nerves of the night (or just help keep the night moving along). OK, so we don’t actually know if Sawyer had been drinking, and ABC reps told The Daily Mail she was “exhausted” from having to cover Hurricane Sandy in the days prior, but nonetheless, the anchor was a sight to see.

Sawyer was slurring words, going off on tangents, propping herself animatedly on her desk with her arms and even asking for music cues.

“I wanna — can we have our music, because this is another big one here?” Sawyer said, going on to call President Obama, “Orama.”

Before long, the tweets started rolling in, making Diane’s alleged drinking a trending topic. A parody account was even opened — @DrnkDianeSawyer — with hundreds of followers before the election results were even announced.

99 bottles of beer on the wall 99 bottles of beer

hey guys wh o won i fell aslee?p

Turns out even the office had a chuckle at the tweets and rumors.

“Rumors that Miss Sawyer had been a tad tipsy had been met with ‘a lot of laughter’ around the office,” according to a source The Daily Mail was in touch with.

But Sawyer’s “drinking” was the least of ABC’s struggles throughout the night; its studio in Times Square lost power for 20 minutes during the broadcast.

The network tried to avoid any hitches by simply shifting Sawyer and her co-anchor George Stephanopoulos to a different area and used shots of the people crowding into Times Square to distract the viewers.

Sawyer herself thanked the ABC team for quickly dealing with the situation and even gamely acknowledged the tweets from the previous night.

Awe for the @abc powerhouse team. Hail the techs who kept us on air…

…during 25 minute power outage. Read your tweets the good, bad, and the funny. See you on @abcworldnews.

Thumbnail image courtesy of Flickr, david_shankbone.

Beware of inspection advice in snow country | Bedford Corners NY Homes

DEAR BARRY: I bought a second home in the mountains to use as a ski lodge and summer getaway. It has a flat roof, so I asked my home inspector if that would be OK in snow country. He assured me it was more than capable of draining and holding the snow.

After we moved in, there was a big snowstorm. The roof sagged, ice formed over the roof drains, and we had major leakage and interior wall damage. My homeowners insurance covered the interior damage but not replacement of the faulty roof.

The home inspector has insurance for errors and omissions, but the insurer denied my claim, saying the inspector could not have known the roof would leak. If the insurance companies won’t cover the faulty roof, what recourse do I have? –John

DEAR JOHN: The purpose of a roof inspection is not simply to determine if a roof will leak. There are many roof issues that warrant attention regardless of whether there is leakage. Among these are conditions that involve potential leakage or inadequate construction, such as a flat roof in snow country. That is where your home inspector took a wrong turn.

A home inspector, like the licensed ones as shown on Gutterilla`s website, who is truly qualified would not give carte blanche approval to a flat roof where snow is involved. According to experts from roofscapesdfw.com/services/roofing/mesquite/ home inspectors, unless they are licensed structural engineers, are not qualified to determine whether a roof structure is capable of withstanding snow loads. Your inspector should have indicated that this condition was questionable and should have recommended further evaluation by a structural engineer and a licensed roofing contractor.

What’s more, the inspector’s insurance company is wrong in acquitting the inspector. Yes, he could not have known the roof would leak, but he definitely should have known that this was a compromised condition that warranted further evaluation by qualified experts.

You should have an attorney write a forceful letter to the insurance company and to the inspector.

DEAR BARRY: We recently sold our townhome to a couple who rented it back to us while our house was being built. Prior to the sale, they did several walk-throughs, including a home inspection, and we fixed everything they asked for.

Now that we’ve moved out, they are holding our security deposit because of defects they say were not disclosed. These include some carpet stains, a door that rubs against the jamb, a kitchen drawer that sometimes comes off the track, and unpainted walls in the closets. Are these things that should have been included in our disclosure statement, or are they being unreasonable? –Tammy

DEAR TAMMY: Sellers are supposed to disclose all known defects, but when you live in a home, it is easy to become so used to minor defects, such as a rubbing door or a faulty drawer, that they don’t come to mind when filling out a disclosure statement. Reasonable buyers don’t make issues about typical wear-and-tear conditions and minor defects such as these. But you may have to give in since they are holding your deposit.

A handyman is not likely to charge very much to plane a door and adjust a drawer. Likewise, carpet cleaning is not that expensive. They should be embarrassed, however, to make an issue over unpainted closets.

Douglas Kennedy, RFK son, on trial in child endangerment case | Bedford Corners Realtor

The trial for a son of the late Sen. Robert F. Kennedy, accused in a maternity ward scuffle, began on Monday in Westchester County, New York.

Douglas Kennedy is charged with physical harassment and child endangerment, both misdemeanors. On Jan. 7, Kennedy allegedly tried to take his 2-day-old son from the maternity ward at Northern Westchester Hospital.

Nurses tried to stop him and two claimed he injured them. One nurse said Kennedy twisted her arm and the other said he kicked her in the pelvis. Security officers eventually stopped Kennedy from leaving the hospital.

In opening statements, according to the Associated Press, the defense argued that a nurse overreacted to Kennedy’s attempt to get some fresh air for his son. The prosecution maintains Kennedy violated hospital policy when he tried to move the child.

3 scams to avoid when locking your loan | Bedford Corners Realtor

Editor’s note: This is the first of a two-part series.

Shopping for the best deal on a home loan has many pitfalls, but by far the most daunting is that lenders will not commit to the prices they quote to shopping borrowers. While borrowers seldom realize it when they begin the process, the fact is that they are forced to select loan providers without knowing the exact price they will pay.

Why quoted prices are subject to revision

Because locking imposes a cost on lenders, they won’t lock until a) they have enough information about the borrower to be reasonably sure that the borrower qualifies and that the price quoted is the correct price, and b) there is a significant probability that the borrower will go to closing. If the quoted price that is locked by the lender is wrong, the lender can realize a loss when it is sold, and if the transaction doesn’t close, the lender has incurred the lock cost for nothing.

The quoted price can be wrong for two reasons: One is that the information provided by the borrower does not check out for the lender. For example, the borrower said that his credit score was 740 but when checked by the lender it is 710, which raises the price of the mortgage.

The quoted price can also be wrong because the market changed. Lenders reset prices every morning, based on changes in the secondary market, and sometimes they change them during the day.

Why the revision of quoted prices may be a scam

Changes in market prices or a reset of the information used to set prices are legitimate reasons why borrowers often don’t receive the prices they were quoted. But these same factors provide a screen behind which less scrupulous lenders can execute lock scams. It is useful to distinguish three scams that occur at different stages of the lending process.

Lowballing scam: The borrower shopping for a mortgage may encounter this scam. Lowballing lenders quote a price below the price the lender can or has any intention of delivering. The purpose is to be selected by the borrower who is shopping prices. It is easy to lowball when you are not committed to your price quote, and it is tempting because it often is the only way that lenders have of distinguishing themselves from other lenders.

Lowballers are not deterred by the price disclosures mandated by the good faith estimate. They merely date the disclosure so that the price has expired before the borrower receives it.

Market volatility scam: The borrower who has selected a lender but has not yet been locked may encounter this scam. The lender takes advantage of changes in the market between the date the lender quoted a price to the borrower and the lock date. If the market price goes down, the borrower is charged the price quoted earlier, and is probably content, since he received what he was quoted. If the price on the lock date is higher, on the other hand, the borrower will be charged the market price or higher, because “the market went against you.”

Property valuation scam: The borrower whose loan has been locked may encounter this scam. Locks are always contingent on a specified credit score and loan-to-value ratio. A material change in one of these can invalidate the lock. While lenders will always verify the credit score before locking because that takes only minutes, in most cases they will lock based on a property valuation that has been checked against only an automated valuation program. An appraisal, which is the final word on valuation, takes days and often weeks.

Nonetheless, the appraisal, when it becomes available, can invalidate the lock. If the appraisal comes in lower by enough to raise the loan-to-value ratio past a notch point where the price increases, the lender increases the price accordingly. But if the appraisal comes in higher by enough to reduce the loan-to-value past a notch point where the price should decrease, the original lock price is retained.

As with the market volatility scam, if the coin comes up heads, the borrower loses; and if it comes up tails, the lender wins.

None of the mortgage disclosures mandated by the government would prevent the scams described above. This includes the disclosures planned by the new Consumer Financial Protection Bureau. Borrowers can protect themselves, however, if they know how to go about it. This will be the topic of next week’s article.