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Is Your Homeowners Insurance Falling Short? | Bedford Realtor

[image] ReutersPaul Lynch on Nov. 28, cutting lumber to repair a home he built 23 years ago in Toms River, N.J., that was damaged by superstorm Sandy.

Five weeks after superstorm Sandy pounded the East Coast, frustrations are rising as homeowners struggle to determine which damages will and won’t be covered by insurance.

Some homeowners are surprised to discover they don’t have some of the protection they assumed they did. Others are grappling with delays, damage estimates they claim are too low, exclusions for spoiled food and other basics—and finger-pointing between insurers.

“There seems to be an extraordinary amount of red tape,” says Martin Oliner, mayor of the Village of Lawrence, N.Y., where local groups have raised more than $2.5 million to help residents waiting for insurance checks. “People’s homes are growing with mold; pipes are freezing.”

Sandy shows how important it is for homeowners to understand their insurance policy before a storm strikes — and to be ready to act soon after. By studying their coverage, compiling detailed documentation, getting independent appraisals and keeping in close touch with their mortgage company, storm victims can maximize their payouts and reduce the hassle of filing a claim.

Sandy struck some of the most densely populated counties in the U.S., but the lessons apply to other homeowners as well.

Easing the Pain

Government officials are scrambling to help Sandy’s victims. Among other things, the Federal Emergency Management Administration has extended the flood-insurance claims period to one year from 60 days.

What’s more, regulators in affected states have ruled that hurricane deductibles—as much as 5% of a property’s insured value—won’t apply to Sandy-related wind damage. The New York State Department of Insurance set up online insurer report cards, at www.nyinsure.ny.gov, so people can track complaints and progress on Sandy claims.

Jean Guerriero, a resident of Queens, N.Y., had three feet of water in her house after Sandy, with damage to her boiler, floors and kitchen appliances. Because her house isn’t located in a flood zone, never thought she needed flood insurance. As a result, she got $1,100 to repair wind-damaged siding but isn’t covered for the water damage.

Anthony Vaz, a school superintendent who lives in Seaside Heights, N.J., bought flood insurance that covered the structure of his four-bedroom home but didn’t realize he could also buy additional coverage for its contents. Mr. Vaz says he has “no idea” yet what portion of the estimated $180,000 in damage his policy will cover but says the maximum payout is $109,000.

Tricky Rules

The rules for homeowners insurance can be confusing. Standard policies cover property damage from fallen trees, wind and fire, but they don’t cover water that overflows a river’s banks or surges from the ocean.

Federal flood insurance is designed to fill a void left by the private sector, since insurers generally consider flood coverage a money-losing proposition. Flood coverage is sold through specialized policies and dominated by the U.S. government’s National Flood Insurance Program. Government policies cover as much as $250,000 for a home’s structure and $100,000 for personal possessions.

Flood policies don’t cover relocation expenses or damage in spaces below ground level, except for heating, air conditioning and water systems. Also, unlike many homeowners policies, flood policies pay for the cash value of damaged goods rather than their replacement costs, which is typically higher.

Some homeowners say they have been caught off-guard by insurance-contract exclusions. John and Judith Barron, of Branford, Conn., were surprised to find that their policy from Homesite Group Inc. didn’t cover spoiled food. “When you are living paycheck to paycheck, it’s a difficult thing” to lose more than $1,000 worth of food, Ms. Barron says.

Insurance experts say homeowners policies typically don’t cover food spoilage due to power loss, though terms vary. Homesite didn’t return calls seeking comment.

Another problem: More than a decade ago, many insurers began tightening policy language to limit exposure to water-related claims. Such restrictions grew after Hurricane Katrina in 2005, the costliest in U.S. history.

Laura Dezago, of Queens, N.Y., took photos detailing how water from local sewers came in through her toilet. But even though she has sewer and back-up coverage, Nationwide Mutual Insurance has refused to pay the $5,000 allowed by the policy, she says, citing a clause that voids coverage if the backup is caused by flooding.

“The insurance company should have just honored it out of good faith,” she says.

Nationwide generally “considers the individual facts and circumstances” in applying policy provisions, said a Nationwide spokeswoman, who declined to comment on Ms. Dezago’s situation for privacy reasons.

Many insurance policies contain “anticoncurrent causation” clauses that say insurers don’t have to pay claims stemming from both covered and uncovered causes. The strength of that provision depends “on the exact way the insurance company has drafted that policy,” says Amy Bach, executive director of United Policyholders, an insurance consumer group. Lawyers who represent policyholders typically work on a contingency basis and often will review policy language at no charge, she says.

In other cases, adjusters for homeowners and flood-insurance policies point fingers at each other. Sandra Lazzaro, a resident of Seaside Heights, N.J., says it isn’t clear whether the $3,000 in damage to her bay window and her $5,000 broken fence were due to wind or flooding. “It becomes this battle of who is going to cover what,” she says.

Many insurance experts suggest consumers start by contacting their state insurance department. “If they are having problems with an insurance company…we will see if we can assist,” says Gerard O’Sullivan, a consumer-affairs specialist with Connecticut’s insurance department. The service is free.

If the amount at stake is substantial, another option is to arrange a meeting between the adjusters for the flood and home insurers, though you might have to wait, says Stephen Surace, an adjuster in Utica, N.Y., who represents policyholders in the claims process.

Here are some additional steps you can take to maximize your recovery:

Ramp up your record keeping. Insurance experts advise people to take photos or videos before beginning cleaning up and after the work is done—and to create a comprehensive list of damaged items, including serial numbers. You should generally save damaged items for the insurer’s representative to review, experts advise, though New York has instructed insurers to let homeowners discard debris for health and safety reasons, provided they can provide photos or other documentation.

Experts also recommend keeping detailed records of expenditures, including receipts for repairs, purchases and relocation expenses. In addition, experts suggest keeping a log of every conversation you have with the insurer.

Susan Bruno, a financial planner, took dozens of photographs before starting repairs on her Darien, Conn., home, which had seven feet of water in the basement. The photos allowed Ms. Bruno to show her insurer “that the water was a lot higher than they thought, and they redid the adjustments,” she says.

To bolster a claim, you can provide the insurer with a floor plan spelling out the home’s measurements.

Challenge insurer estimates. Insurers commonly use computer models to estimate repair costs. But the estimates don’t always reflect local costs following a major storm. One response: provide the insurer with detailed contractor estimates.

David Lewis, of New Canaan, Conn., says a hardware store’s bill for replacing windows was about 80% higher than what Allstate Corp. ALL +0.70% estimated. Mr. Lewis says Allstate boosted the payout after he sent the insurer the hardware company’s figures.

An Allstate spokeswoman says the estimating software is updated regularly and seeks to reflect a storm’s impact on supply and demand. “The adjuster will work with a policyholder to attempt to resolve the difference” when the estimates turn out to be too low, she says.

A local contractor can identify problems that the insurance company missed. For instance, workers at Mr. Lewis’s house found damage to structural beams inside a wall once repairs were underway, Mr. Lewis says, adding that Allstate is reviewing the information.

Consider hiring a public adjuster. Public adjusters work on behalf of people who have insurance, typically for a percentage of any proceeds. Before hiring an adjuster, make sure he or she is licensed, review a written fee agreement, ask for references and qualifications, and check with the state insurance regulator for complaints.

Lists of licensed public adjusters are posted at the National Association of Public Insurance Adjusters website at www.napia.com and industry trade groups in New York, New Jersey and Connecticut.

File an appeal. “The first ‘no’ may not be the last word,” says Amy Bach of United Policyholders, who advises homeowners to ask their insurer in writing for specific policy language being used to deny a claim and then appeal if they disagree with the insurer’s interpretation. Sample letters are available on the group’s website.

Sometimes adjusters are mistaken about policy terms, says Johnathan Lerner, a New York lawyer. One of his clients was incorrectly told her flood policy didn’t cover a damaged elevator, he says. Standard policies include provisions that allow disputes over payout amounts to be settled by a panel of appraisers.

State bar associations and other local groups are offering free legal assistance to Sandy victims.

Stay in touch with your mortgage company. If you have a mortgage, your insurer will generally issue a claim check that must be endorsed by both the homeowner and the mortgage company, unless the payout is less than $10,000. If the amount is small, often less than $15,000, the money usually is released by the mortgage company right away.

For larger amounts, mortgage companies generally require the homeowner to fill out an insurance claims packet. Mortgage companies generally release one-third of the money, with the next third disbursed after the mortgage company determines half the work is done and the rest once the job is completed.

Mortgage companies say this approach aims to safeguard the lender’s collateral and protect homeowners from unscrupulous contractors. Homeowners who need more money quickly should try to set up a special payment arrangement.

Mr. Lewis, the New Canaan homeowner, says it took Astoria Federal Savings and Loan Association, a unit of Astoria Financial Corp., AF +0.54% 21 days to release his initial payout and nearly two weeks for the bank’s inspector to visit. Mr. Lewis says he borrowed $10,000 from his father to help finance repairs.

An Astoria executive says the bank has boosted initial payouts to Sandy victims, and aims to get money into consumers’ hands within 10 business days, and to inspect within two weeks.

Take steps to prevent further damage. “Any victim who still has an unheated house needs to take immediate steps to winterize it,” says Jonathan Wilkofsky, a New York lawyer. Insurance policies generally exclude damage caused by frozen pipes in an unheated home, unless the policyholder drained the pipes and shut the water main, he says.

Has a Second Foreclosure Wave Really Been Averted? | Bedford Corners Realtor

Many analysts are projecting that the worst of the foreclosure crisis is behind the housing market, but on a more local level, some areas are still struggling and are seeing a “second foreclosure wave” emerging, Forbes reports. 

The areas most affected tend to be where foreclosures must go through court approval. The process has created huge backlogs in processing foreclosures. So while the housing data may show a 24 percent nationwide decrease in foreclosures year-over-year, Forbes columnist Morgan Brennan says that is misleading for some areas. Some areas that are even seeing a decrease now may find it temporary as the courts work through the backlogs. 

For example, in Florida, New Jersey, and New York alone, the average time it takes a home to go from default to being repossessed by a bank is more than two years. 

Some judicial states are already seeing the effect of the large backlogs with a big spike in foreclosures starting to surface. For example, New Jersey is seeing a 140 percent increase in foreclosure filings in October year-over-year; New York saw a nearly 123 percent increase, RealtyTrac reports. 

“There’s been a pronounced shift in foreclosures from the Sand States to the East Coast, in particular the judicial foreclosure law states with the longest time lines like Florida, New York, and New Jersey,” says Mark Fleming, chief economist for CoreLogic. 

In October housing data, Florida leads the nation in foreclosures with an 11 percent rate, followed by New Jersey (8 percent) and New York (5 percent). 

“There are a set of states that are not improving year-over-year like the others,” says Tim Martin, group vice president of U.S. housing at TransUnion. 

But even in markets where foreclosures are still high, there are signs of improvement with new borrowers staying current on their loans and a decrease in mortgage delinquencies, Forbes reports. 

Source: “The Foreclosure Crisis Isn’t Over Just Yet,” Forbes.com (Dec. 1, 2012)

Read More

New Report Warns of Hidden ‘Second’ Foreclosure Crisis
Excerpt: How to Avoid the Next Financial Crisis

Tax Hit Looms on Mortgage Relief for Troubled Homeowners | Bedford Realtor

By NICK TIMIRAOS

Troubled homeowners who get a break from their mortgage lenders might not be so lucky with Uncle Sam, and could face hefty tax bills unless Congress acts to extend a key provision.

The tax provision currently allows some homeowners—mostly those facing foreclosure—to avoid paying taxes on certain relief they receive on their mortgages.

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The provision covers mortgages where lenders forgive a portion of the principal, a key component in the $25 billion federal-state settlement over mortgage-foreclosure abuses. It also affects homeowners who do “short sales,” where banks agree to allow a property to be sold for less than the debt owed.

In 2007, as the foreclosure crisis erupted, Congress exempted homeowners from treating some forgiven mortgage debt as taxable income, in a bid to encourage banks and borrowers to seek foreclosure alternatives. But that provision is set to expire Dec. 31, causing headaches for homeowners such as Brad and Connie Bates.

Mr. Bates has been working since August to get his mortgage company, Bank of America Corp., BAC -0.41% to approve the sale of his three-bedroom home in St. Petersburg, Fla., for less than the $180,000 he owes. He has a buyer willing to pay just $65,000, and the shortfall would be counted as income if Congress doesn’t extend the tax-relief provision.

“If they don’t get together and deal with this tax problem, it just creates a disincentive to do the responsible thing,” says Mr. Bates, a 58-year-old retired Air Force veteran who bought the home in 2001. “The tax hit is going to be enormous.”

While the real-estate industry has focused on potential caps to the mortgage-interest deduction, the expiration of the 2007 tax provision “is the most important piece of housing legislation [that] no one is talking about,” said Isaac Boltansky, a policy analyst at Washington-based Compass Point Research & Trading, a dealer broker for institutional clients.

Rep. Jim McDermott (D., Wash.), who has introduced a three-year extension of the tax measure in the House of Representatives, said: “It’s as if you’re handing someone a life ring and then you cut the rope. It doesn’t make sense.” The Senate Finance Committee passed a one-year extension as part of a broader tax package with a 19-5 vote in August.

Mr. McDermott said he is confident Congress will ultimately pass an extension. “There’s no question,” he says.

But the uncertainty over the timing of that extension—which could become ensnared by the broader talks on the “fiscal cliff,” the looming mix of tax increases and spending cuts—is raising the blood pressure of real-estate agents who work with distressed homeowners.

“You may have a large number of people here who sit back and fight the foreclosure process” if the provision isn’t renewed, said Steve Capen, a real-estate agent with Keller Williams Realty in St. Petersburg.

Many of his clients who are trying to secure a short sale are “already in a tough situation,” he said.

Sergei Zhurkov would face a particularly large tax hit for the short sale on his Dunedin, Fla., home. He owes around $750,000 on two mortgages and has an offer of $200,000 for the house. “I have no job. How am I supposed to pay taxes on this?” said Mr. Zhurkov, 62. “It makes no sense. I am completely broke.”

The short sale has been approved by Wells Fargo WFC -0.80% & Co. after a protracted negotiation, but the buyers are having difficulty getting approved for a mortgage.

The looming expiration of the tax provision comes at a critical time for the housing market. Banks have ramped up short sales, approving nearly 340,000 in the year ended in September, according to CoreLogic Inc., CLGX -0.27% a data firm. That has helped to stanch the flow of foreclosures onto depressed housing markets, limiting both price declines and lenders’ losses.

If the tax provision expires, it could also deal a serious blow to the $25 billion mortgage-foreclosure settlement that five national lenders struck with 49 states and the federal government in March. That deal requires banks to use the bulk of the penalties for borrower aid, including at least $10 billion in principal reduction. So far, lenders have forgiven around $2.6 billion on nearly 22,000 mortgages under the settlement, or around $117,000 per homeowner.

Mr. Bates’s short sale has been held up because his mortgage company has said the home is worth at least $135,000. He says his home isn’t worth anywhere near that because of extensive water and mold damage from a leaking roof that he can’t afford to replace.

“The property has basically fallen down over our heads. A short sale is the only way we can deal with this,” Mr. Bates said.

Bank of America has “worked with urgency to help more than 100,000 customers complete short sales this year,” said a BofA spokeswoman. “We are working to help Mr. Bates receive those same benefits.”

The current debt-forgiveness provision is limited to $2 million in mortgage debt and applies only to loans that were used to acquire or “substantially improve” a principal residence. Absent any extension, borrowers would have to prove to the Internal Revenue Service that they are insolvent to avoid the higher tax consequences.

In some cases, homeowners who go through foreclosure would still be left with higher taxable income, if banks agree not to recoup any shortfall between the debt owed and the amount recovered through the foreclosure.

Write to Nick Timiraos at nick.timiraos@wsj.com

A version of this article appeared November 30, 2012, on page A4 in the U.S. edition of The Wall Street Journal, with the headline: Tax Hit Looms on Mortgage Relief.

Pending home sales reach five-year high | Bedford NY Real Estate

Pending home sales jumped 5.2% to 104.8 in October, its highest level since March 2007, the National Association of Realtors reported Thursday. Annually, pending sales increased 13.2% from October 2011, reflecting 18 consecutive months of rising sales.

The Pending Home Sales Index released by NAR releases data based on contracts, not closings.

NAR Chief Economist Lawrence Yun believes buyers are reacting to favorable market conditions. “We’ve had very good housing affordability conditions for quite some time, but we’re seeing more impact now from steady job creation, and rising consumer confidence about home buying now that home prices have clearly turned positive,” said Yun.

Despite a 0.3% rise in pending home sales in September, analysts were skeptical based on Wednesday’s new home sales numbers. However, the increase in today’s report “should renew expectations for a positive contribution from the housing sector,” Econoday said.

The index report shows very distinct regional patterns. “Contract activity surged in the Midwest and is showing very healthy gains in the South, but was down slightly in both the Northeast and West,” Yun said.

The Northeast saw some impact from Hurricane Sandy, but limited inventory in the West is keeping a lid on the market.  All regions are up from a year ago, with double-digit gains in every region but the West.”

“Though the hurricane’s effect on Northeast sales during November is still a question, today’s report points convincingly to building momentum for existing home sales,” said Econoday. “The Dow is moving to opening highs following today’s report.”

Click on the image below to see the full index.

via housingwire.com