Update on Non-Conforming Properties in ABQ

Councilor Trudy Jones, President of the City of Albuquerque City Council, has recognized the problem facing those who own or are selling non-conforming properties.  Non-conforming properties included apartments, casitas, or mother-in-law quarters. These properties were not consistent with the zoning code that was adopted in 1959 and were given 53 years (form most properties) to come into compliance by March 28, 2012.  If not approved, they were required to be removed or converted.

Councilor Jones will introduce legislation in the next City Council meeting that will effectively state that the law requiring the removal or conversion of certain nonconforming buildings shall not be enforced until further action of the City Council with respect to these buildings.

I will keep you posted once the legislation is introduced.

 

Managing the Piles of Paper

Need strategies for tackling the paper piles?  Click the link for tips and tricks –  New Weekly Article – Paper Trail

Working from Home Never Looked So Good

It wasn’t so long ago that having a home office was downright rare. Now the concept has gone to the top of the list. Whether you’re looking for the right location, a great organization system, ergonomically correct seating, or all of the above, you’re not alone. Today, people are eager to outfit this hardworking space.
Luckily, all work and no play is not the motto when it comes to doing so. Instead, you can venture past the practical by personalizing your home office. When you opt for part productivity and part creativity, you’re sure to get the best results.

Click link to read article New Weekly Article – Study Hall

What Happens When You Walk Away From Your Home?

By Chris Taylor | Reuters – Mon, Jan 30, 2012 4:43 PM EST

It was just last summer that Charlotte Perkins made the hardest decision of her life as she and her husband Jim were caught in the vise of the housing bust.
Wanting to downsize their lives as they headed toward retirement, they bought a new house in Mesa, Arizona, before they sold the old one, also in Mesa. Their previous home had been appraised at nearly $400,000 at the height of the market, but as the housing crisis ravaged Arizona, they were told they’d be lucky to get $200,000 for it.

They were carrying a loan of $260,000 on their original home alone, meaning they were well ‘underwater,’ owing much more than it was worth. Combined with the mortgage on the new house, their housing payments had become an “anchor around our necks,” she says, threatening to gobble up all their retirement savings and leave them with nothing.

The couple made a difficult call: They would do a ‘strategic default,’ and simply stop paying the old mortgage. “We really had to wrestle with it,” said Perkins, 60. “We had worked all of our lives to build good strong credit, and we’re proud people. But it came down to, ‘Can we keep doing this?’ We had to say ‘No.’”

As the housing bust drags on, many homeowners are thinking like Perkins. Almost 11 million homes are now underwater, says financial information provider CoreLogic. Around 3.5 million homeowners are behind in their payments and another 1.5 million homes are already in the foreclosure process, according to online marketplace RealtyTrac.

As banks start to work through their backlog of distressed properties, the New York Federal Reserve estimates that 3.6 million foreclosures will take place during the next couple of years.

So, the question is: Does it make sense to keep paying a massive mortgage, knowing that it might be decades before a home regains its prior value? Or is that akin to – as columnist James Surowiecki recently wrote in the New Yorker – “setting a pile of money on fire every month”?

“I constantly get the saddest e-mails from people saying, ‘I’ve exhausted all my life savings, my retirement is gone, and now I have to default,’” said Jon Maddux, CEO of YouWalkAway.com,

a foreclosure agency that helps clients with strategic default (and charges a fee for it). “But if they had seen the writing on the wall a couple of years earlier, stopped paying the mortgage and stayed in the home throughout the whole process, they would be in a much better financial position.”

Moral Quandary

There’s a moral component to that decision, of course. People naturally feel embarrassed about breaking a contract and not paying their bills; no one wants to be branded a deadbeat. But remember that companies default on their obligations when it makes financial sense for them to do so, via the bankruptcy process. Even the Mortgage Bankers Association itself, in a flourish of irony, arranged for a short sale of its Washington headquarters.

It’s not personal; it’s business. So think of strategic default as a business decision, and do a cold-eyed cost-benefit analysis of whether it makes sense for you, advises Carl Archer, an attorney with Maselli Warren in Princeton, New Jersey.

[Also see: Small Money Missteps That Can Cost You Big]

“People think it reflects on their integrity, and say ‘I wasn’t raised this way,’” said Archer. “But the more businesslike attitude is to say that there’s a contract, there are penalties for violating that contract, and sometimes it just makes financial sense to break it.”

The penalties largely revolve around your credit record, which admittedly gets blown up in the near-term. For a few years you can likely forget about qualifying for a mortgage or a car loan. When lenders are ready to take a chance on you again, you’ll have to pay for the privilege, with stiff interest rates due to your default history.

What Happens to Scores

Charlotte Perkins watched her credit score go from a pristine 800 to 685, dropping every time she missed a payment. Credit-scoring firm FICO estimates that someone with a 680 score would see that number sink between 85-100 points after a strategic default, and someone with 780 could crater 140-160 points.

Not desirable, of course, but not the end of the world either. For Perkins, for instance, she already had a loan on her Ford Escape, and the mortgage on her new house, before she even started the default process. She hasn’t seen any changes on her credit cards since, in terms of limits or interest rates.

Now that the previous home was auctioned off in December, she can start slowly rebuilding her credit, a process that should take about seven years.

Strategic default isn’t a decision to be taken lightly, of course. If everyone did it, the housing market — and the banks — would be in much worse shape than they already are.

The following are some of the issues to keep in mind:

1. Look to it as a last resort, not a first option. Your financial troubles could be alleviated with a simple refinancing, especially since 30-year mortgage rates are near record lows of below 4 percent. If the banks are hesitant to rework your loan, look into the number of government programs designed to keep you in your home, which can be researched at MakingHomeAffordable.gov.

2. Location, location, location. Each state has its own rules and regulations regarding foreclosures, which affect both the length of the process and what you could be liable for in the end. In so-called ‘non-recourse’ states like Arizona, California and Texas, a lender cannot come after you for any deficiency (for instance, if your mortgage was $300,000 and they’re only able to sell the property for $200,000). In other states they can pursue the difference, in theory – which is why some homeowners opt to file for bankruptcy, to free themselves from those potential obligations as well.

3. Use the interim to save like a demon. If you’re in a state like New York or Florida, which require a judicial review of every foreclosure, it might be a couple of years before you actually have to pack up. In the meantime, be extremely disciplined about stockpiling cash. That will help you with a down payment for a rental, to pay for a car in cash if you need to, or to clear up other debts you might have. “Save money as if you were still paying the mortgage,” says Archer. “If you don’t, then you’ll run out of both time and money, and then you’ll be in a real tough spot.”

4. Know the tax implications. Historically, if you have a debt that’s forgiven, the canceled amount is considered taxable by the IRS. In the wake of the housing bust, though, the Mortgage Forgiveness Debt Relief Act was drafted to spare you those taxes. That legislation expires at the end of 2012, though – so if it’s not extended, you could potentially face a tax bill for the difference.

5. Talk to a professional. A bankruptcy or real-estate attorney can help you through a very tricky process. The National Association of Consumer Bankruptcy Attorneys, for instance, has a searchable database of lawyers at www.nacba.org.

“Strategic default is not an easy decision, and there’s a cost either way,” said Gerri Detweiler, director of consumer education for Credit.com. “Would you rather be $200,000 underwater, or would you rather have seven years of damage to your credit report? It depends whether you’re finally at the point where enough is enough.”

 

2011-2012 Cost vs. Value: Which Remodeling Projects Pay Off the Most?

On January 25, 2012, in Helpful ToolsRemodeling Adviser, by Melissa Tracey

When tackling home remodeling projects, you’ll find some projects pay off more than others at times of resale. Remodeling Magazine, in conjunction with REALTOR® Magazine, recently released findings of its annual Cost vs. Value report for 2011-2012, revealing which remodeling projects offer the biggest bang for your buck.

Overall, the trend right now is replacement over remodeling–swapping out the old for the new rather than doing a total gut job, which can be much more costly.

This year’s Cost vs. Value report found that exterior replacement projects–such as new garage doors and a new entry door–offer some of the best returns at resale, allowing home owners to recoup close to 70 percent or more of the costs of the project at times of resale.

The following are the top, mid-range projects from this year’s report, based on what home owners stand to recoup at time of resale:

1. Replacing the entry door to steel

Estimated cost: $1,238

Cost recouped at resale: 73%

2. Attic bedroom (converting unfinished attic space into a bedroom with bathroom and shower)

Estimated cost: $50,148

Cost recouped at resale: 72.5%

3. Minor kitchen remodel (including new cabinets and drawers, countertops, hardware, and appliances)

Estimated cost: $19,588

Cost recouped at resale: 72.1%

4. Garage door replacement

Estimated cost: $1,512

Cost recouped at resale: 71.9%

5. Deck addition (wood)

Estimated cost: $10,350

Cost recouped at resale: 70.1%

6. Siding replacement (vinyl)

Estimated cost: $11,729

Cost recouped at resale: 69.5%

 

Tips to Brighten up You Diet!

Looking for tips to re-ignite the new year’s resolution?  Click the link below. 

New Weekly Article – Vibrant Variety

Home Owner Satisfaction Remains High

DAILY REAL ESTATE NEWS | MONDAY, JANUARY 23, 2012

Nearly three out of every four home owners say they are satisfied with their purchase – and the No. 1 reason for their satisfaction is pride they feel about owning a home, according to HomeGain’s 2012 National Home Ownership Survey.

In addition to pride, home owners also said they enjoy the freedom and control they have to make improvement and upgrades to their home.

Of the 1,400 home owners surveyed nationwide, satisfaction was found to be highest in the Northeast at 77 percent, followed by the Southeast at 73 percent, the West at 71 percent, and the Midwest at 68 percent.

“The HomeGain 2012 National Home Ownership satisfaction survey shows in spite of declines in the values of homes nationwide, satisfaction among home owners remains high at 72 percent,” said Louis Cammarosano, general manager of HomeGain.

Of the 28 percent of surveyed home owners who indicated they are dissatisfied, price depreciation was cited as the primary cause. Other reasons for their discontent include property taxes, homeowner association fees, and maintenance and repairs.

Noteworthy survey statistics:

  • Home owners who paid less than $75,000 for their home were the most satisfied at 77 percent.
  • Home owners who paid more than $800,000 were least satisfied at 69 percent.
  • Buyers who purchased a home via short sale had the highest satisfaction rate at 83 percent, followed by foreclosed home buyers at 79 percent.
  • New-home buyers had a satisfaction rate of 73 percent, and existing-home buyers had a satisfaction rate of 71 percent.
  • Home owners ages 55-65 were the most satisfied at 76 percent. Home owners between 18 and 25 had the lowest satisfaction rate at 45 percent.

By Erica Christoffer, REALTOR® Magazine

 

Important Zoning Changes for Albuquerque

Posted on Jan 23rd, 2012

Written for GAAR by: Lauren Austin (The Ingles/Company Realtors)

The Planning Department of Albuquerque recently announced that on March 27, 2012  “grandfathering” for an estimated 6,000 properties will expire and become immediately illegal.  Any property zoned for a single family residence that has a casita, in-law apartment, or multi-units that contain a “cooking apparatus” will no longer be allowed to be occupied and the owners can be fined and the unit must be vacated.

Prior to 1959 Albuquerque did not have a Zoning Code and at that time 53 years were granted to allow owners to correct the non-compliant situations.  Zoning Enforcement has now stated that they will begin to enforce the code unless the owner of the property can show proof that the unit was occupied prior to 1959 and apply for a “Status Established” hearing ($148) or a “Zoning Certification” ($200)  which will require an application, proof of non-compliant use historically, and a visit from a Zoning Enforcement Officer either of which must be accomplished prior to March 27,2012.

This situation is further confused by the fact that there are 47 Sector Plans in Albuquerque and each of these may or may not address the issue of multiple units (e.i. house with an in-law apt. or casita) and if the Sector Plan does address the issue the 53 years may or may not begin when the Sector Plan was first implemented or it may start on the last amendment.  So, for example, the Huning Highland Sector Plan does address the issue in 1977 and the plan was modified in 1988 so properties in this area may have 18 years left or 24 years left before the properties become illegal.

As Realtors this is an issue that will greatly impact our industry.  Imagine selling a property (or representing a buyer) that has a multi-rental unit (house w/casita for example) in a single family zone  and finding out later that it will soon become illegal.  Imagine trying to find financing for these units.

Over the last few months every question regarding “Status Established” has been met with multiple interpretations that can change week to week.  Planning and Zoning can only enforce the laws as they understand them. The City Council is the only body that can address this issue legally.

In speaking with Juanita Garcia of Planning and Zoning (924-3823) on this last Friday she said that she has been asked to suggest several solutions to the Council.  One idea was to give a one year deferment to enforcement so that the information could be given to the general public.  This has been tried before and didn’t work. It is a stop-gap measure at best and does not deal with the issue that there are potentially 48 different dates (Zoning Code plus the 47 Sector Plans) that will be the enforcement deadline.  Perhaps one solution is to suggest one date in the near future that is enforceable for all.

Please call your City Councilor and inform him/her of your concern regarding the “Status Established” issue and encourage them come up with a concrete solution to this issue before March 27,2012.

 

Great Soup Recipes

To say I am a cook would be hilarious but I am must admit I am an awesome warmer and reheater.  But in January 2012 I thought I would turnover a new leaf and develop new skills in the kitchen.  This week I thought I would share with you a few homemade soup recipes that I have found delicious.  Nothing beats homemade soup on a cold winter evening.  Enjoy!

Click the link below for recipes.

New Weekly Article – Soup Recipes

Foreclosures Post Big Drop, Reaching 2007 Levels

DAILY REAL ESTATE NEWS | THURSDAY, JANUARY 12, 2012 Foreclosure filings posted a 33 percent drop in 2011, falling to their lowest levels since 2007, RealtyTrac reports. During 2011, one in every 69 homes received a foreclosure filing and 804,000 homes were repossessed — compared to 1.05 million homes that were repossessed during the foreclosure crisis peak in 2010, according to RealtyTrac. Foreclosures have plagued many communities, putting downward pressure on overall home prices. In the past five years, more than 4 million homes have been lost to foreclosure. So is the worst finally over for the housing market? Not yet, analysts say. Banks took more time to process foreclosures last year, which explains some of the declines, housing analysts note. In fact, the average process time for a foreclosure rose to 348 days in the fourth quarter, up from 305 days one year prior. RealtyTrac CEO Brandon Moore says that while he expects foreclosures to increase in 2012, he also expects foreclosures to stay well below the 2010 peak. Refinancing programs, such as the government’s Home Affordable Modification Program, are helping more borrowers lower their payments and avoid foreclosure, Moore says. Still, the biggest problems with foreclosures remains centered in certain areas, particularly where investors helped drive up home prices during the housing boom. For example, Nevada remains the No. 1 foreclosure hot-spot, in which one out of every 16 households received some kind of default notice during 2011. Arizona and California also are continuing to face some of the highest foreclosure rates in the country too, according to RealtyTrac data. Source: “Foreclosures Fall to Lowest Level Since 2007,” CNNMoney (Jan. 12, 2012)


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