The video is my appearance on Channel 12 News story on September 24, 2009 about the infamous “Buy and Bail.” Surpisingly enough, they cut the most important pieces of what I said. . . .Or, not surprisingly.

What they didn’t show of our 45 minutes of talking were these controversial and critical points:

The “Buy and Bail” is not the problem; it’s a symptom of the problem. A problem that occurred years ago when the market was at its height when the legislators, realtors, lenders and builders didn’t act ethically in their own rights; A negative equity problem that is currently not being addressed by our government.

They’re focused on the monthly payment issue when it’s much more widespread than that. The tiny percentage of people who actually qualify for a loan modification, don’t make up the masses. The primary problem is being overlooked: Negative Equity. This problem is going to perpetuate and ail the housing market for years to come.

Why are people bailing?
3-5 years ago, builders sold new homes to investors while having buyers sign off on documents promising they weren’t an investor. Some of these communities ended up having 50% or more investor population. What does that mean? They did zero upgrades, never lived in the home, and didn’t landscape the back and/or front yard. That sure doesn’t help the value of a property, especially when the investors were the first phase of bailing on properties because they couldn’t find renters and couldn’t afford to keep them.

3-5 years ago, what were the lending guidelines? Face it, there were none. If you could sign your name, you got a loan.

The current system has a gaping hole in it. The government is handing out money right and left to the crooks in corporate America, the unfortunate population that has become victim to the economy, and to the people who over-bought on homes and abused their credit.

But, WAIT! What about the huge percentage of the population that did all the right things? The people who are making good incomes, have high credit scores, saved and put 20% or more cash down on a home, got into a conventional mortgage, spent wisely and did not abuse their credit cards and rack up debt throughout the years, and yet are down hundreds of thousands of dollars in equity? I’ll tell you what. They’re left holding the bill for all the neighbors who have abandoned their homes for whatever reason, and the new people who are buying the same house for hundreds of thousands of dollars under what these people paid. They’re the people being scoffed at and called unethical.

This population of homeowners who put tens of thousands or hundreds of thousands cash down and in upgrades has been accused of being immoral for walking away as if they’re not losing anything. When you look at the history of the housing market over decades, you see that the value increases that we saw a few years ago will never happen again in our lifetime. That’s right, NEVER again will we see a home increase 100% or more in one year. With that factoid in mind, then how will these homeowners recoup $300,000 or more in equity? They won’t. Therefore, it can be a good financial decision to cut your losses short and start over. Are they supposed to feel good that they’re paying on jumbo mortgages when all of their neighbors are paying teensy weensy mortgages for the same house? Just because they can pay, doesn’t mean they should have to.

Everyday, I hear things like, “We didn’t plan on spending this much for a home. The lender told us we could” …… “I knew we couldn’t spend this much, but they gave us the loan!”………. “We had no idea how we would make these payments, we just thought we’d figure it out as we go”……… “I have $20,000 in credit card debt and am leasing a brand new BMW. I can’t afford this house payment!” Many of these people were given a free ride and walked away and looked upon as someone with financial “hardship”. Hey, I have all the sympathy in the world for the people who had true financial devastation hit from something bad like losing a job or divorce, but not because they were spend thrifts.

You know as well as I do that there are masses of people who created their own financial hardship, and they’re being rewarded for it. How is that right?

I’ve said it for the past 2 years and I’ll say it again. The people who are 200% or more down in equity and purchased their homes with good credit, money down and have not abused credit cards NEED a SOLUTION or the Buy and Bail will continue because it just plain makes good financial sense. Do the math. “You’ll ruin your credit” they all cry out. What did good credit get them? A swift kick in the a–.

Why don’t they come up with a solution modeled after the Mortgage Forgiveness Debt Relief Act of 2007 – which was extended to 2012 for a reason! If you bought a primary residence between 2003-2007, you put cash down, you can show income, you have good credit and you’re more than 40% down in equity from the mortgaged amount —- you qualify for a principle reduction of xyz…. Now that makes more sense then letting all these properties foreclose, doesn’t it? Reward the people that DID THE RIGHT THINGS.

** You should always consult your realtor, CPA and a real estate attorney to decide what options you have to make a financial decision about your property. There are tax ramifications to consider. This is in no way intended to give advice or suggest people should walk away from their homes and mortgages. If you make a decision, whatever it is, you’re the one responsible. Don’t try to blame me and this article!

What’s IN and What’s OUT
Understanding the current trends and requirements of today’s home buyer may help you stage your home better for sale. Consider these new up and coming styles to make your home updated, fresh and desirable to those looking to buy a new home.

What’s In

Outdoor Living. Patios, balconies and courtyards are now considered an extension of the home and are viewed as another room in the house. Fireplaces, outdoor kitchens and comfortable outdoor accents and furniture are more popular than ever.

Fully Concealed Appliances. The cabinet fronts and wood-printed covers for the fridge aren’t enough. Appliances are now hidden behind hinged doors.

Copper and Bronze Tones. The shimmery metallic finishes are being replaced with softer shades. The built-in refrigerator, oven/stoves, etc.. are outfitted with copper and bronze tones bringing warmth to metallic finishes.

Bathroom Suites. Bathrooms are now multi-functional. We’re seeing flat screen t.v.’s, mini fridges, wine fridges, and cappuccino makers! This room will soon have all the funcationality of the entire home!

Freestanding Bathtubs. The claw foot tubs, oversized soaker tubs, or ‘bath thrones’, have replaced whirlpool baths as the new must-have bathroom piece.

Pet Showers. Clean pets mean clean homes. Who wants to mess up a bathtub when this feature can be added to a garage or outdoor patio area?

What’s Out

Living Rooms. This unused room is ceasing to exist. Some floorplans that have the ‘living room’ space are being turned into game rooms. People are opting for the great room more and more. They’d rather have space in other areas (such as that bathroom suite!)

Cathedral Ceiling Heights. The absurd look and wasted space of 20 ft ceilings in 12×10 rooms is finally wearing on buyers.

Tiny Balconies. Since outdoor living is becoming an extension of indoor living, tiny balconies with room for one chair are worthless.

McMansions. Less is more. Along with the ceiling height, people are not looking at castle size homes like they used to.

With fuel costs rising and a focus on the environment, homeowners have completely redefined the “dream home”. High ceilings, huge houses and wasted space just aren’t a priority. Saving energy, functionality and warmth are taking a front seat!

This market is unlike what many realtors who have only been in the business a few years have experienced and has been forgotten by those who have sold real estate for over ten years.

Accurate Comparative Market Analysis. Be sure you/your realtor researches the neighborhood comps accurately. The pending contracts are key to you as a new listing on the market. In a declining market, you MUST be ahead of the activity. This is why pending sales tell us such important information, such as what homes must be listed at to attract potential buyers. They have more current data than the properties that sold a few months ago and are more relevant than the active listings sitting on the market.

Pay close attention to the square footage of the homes under contract in the neighborhood. What is the average dollar per sq foot of those homes? How long was each of the properties with pending contracts on the market?

How quickly do you want to sell? Compare the list price and days on market of the pending sales. Does your home fit into the same sq foot range? If not, how long has it been since a home of your size has sold? For instance, your house is1100 sq ft and the ones that are under contract are all between 1500 and 3000 sq ft.

The active listings are important as well. How many are on the market within your size of home? What is their condition compared to yours? How many short sales and foreclosures are coming up? An abundant amount of upcoming short sales and foreclosures will only decrease the value of your home. Therefore, your home should be priced on the aggressive side to get it sold quicker at a higher price.

Foreclosures and short sales matter. Many clients tell me that those houses don’t count because “their” house is in good condition. Unfortunately, they do count. In most cases, appraisers work for the lenders. They are appraising the value of the home to protect the lender’s asset.

Abundant inventory and upcoming short sales and foreclosures are a factor in the appraisal. Therefore, if you price your home too high because it’s in “mint” condition, and you’ve received an offer (so you’ve had it off the market for about 2-3 weeks as PENDING) and the appraisal doesn’t come in at purchase price, you’ve just wasted another 3 weeks off the market in which the cumulative days on market has increased during that time. YES, it’s true.

What about cash buyers? If you have enough cash to buy a house without a mortgage, I have one question for you. Put yourself in the buyer’s shoes, would you pay more than the appraised value for a property even if you had cash? Probably not, that’s why you have enough cash to buy a property outright.

Price Reductions should be appropriate. If you’ve had more than 10-15 showings in the first 30 days and no offers, a price adjustment is probably necessary. I’m not referring to a few hundred dollars or a couple thousand dollars –this is referred to as ‘chasing the market’ and you will always be one step behind. Talk this over with your realtor and look at the facts. The numbers don’t lie. No one’s “opinion” matters here. If the market won’t accept your asking price or even make an offer, it might not be fair but it is reality. Remember, your house is only worth as much as a buyer is willing to pay for it. How many homes went from Active listings to Pending contracts since you listed? Why did you miss those buyers?

Consider signing a Price Reduction form for your realtor in advance. Your realtor will not reduce the price without consulting you first and mutually agreeing on a new price. If you suspect he/she would, then why did you hire a non-trustworthy realtor to handle the most expensive asset you own?

No Reduced Price Signs! This is a classic and common error on behalf of realtors around the globe. You get stressed out and then your realtor gets stressed out and panics. He/she puts out the PRICE REDUCED sign rider and plasters it all over the MLS and marketing material. This has only informed the public that your house has something wrong with it and won’t sell. Take a proactive approach…..look at the comps again and I bet that price reduction is in order.

Remember, full time licensed realtors sell homes every month whereas you may only sell a few throughout your lifetime. They are trained and educated in the legal requirements and will protect you and the most expensive asset you own. “Home sellers who use a real estate professional can expect to sell their homes for 16% more, on average, than sellers who try to do it themselves.”– 2005 National Association of REALTORS® Profile of Home Buyers and Sellers

I suggest interviewing three realtors before making your choice.

Upcoming topics:
• Ten questions to ask prospective listing agents
• Home & Design: What’s In and What’s Out
• 10 Tax Changes for 2008

The House and Senate just passed the 300 Billion Dollar Assistance Bill that will help current homeowners facing foreclosure if they meet certain criteria. Did this Assistance bill come in to little to late? What about Victims of foreclosure already that would have been able to meet the criteria but lost their homes already? Who is to take responsibility for this Foreclosure Mess?

They’re rewarding bad decisions and punishing the people who did NOT contribute to the demise of the real estate market by taking away the Down Payment Assistance programs. And, who’s going to pay for it? WE ARE -the TAX PAYERS! So, not only am I making my mortgage payment on a house I overpaid for and I’m losing the value of my property, but now I have to pay to bail out my neighbor? At the risk of sounding like Denise Richard’s potty mouth, ARE YOU %@!*%$@! KIDDING ME???!!!

So, you’re saying that this is the American Dream? Julie Smith bought a house at $600,000 and is making her payments on time every month and can afford her home because she put 20% cash down. Julie’s next door neighbor squeaked into their home with no money down and now they can’t afford their monthly payments…along with 3 other neighbors. So, the four neighbors get bailed out and the values of the homes in the neighborhood have gone down. Meanwhile, the one homeowner who got into her home legitimately (Ms Smith) is still making payments on a $480,000 loan when her neighbors who live in the same floorplan are making payments on a $250,000 or so loan ?

What happened to the principle we’re taught to raise our children with: Reward good behavior, don’t bribe the kid with candy for not repeating bad behavior? Isn’t that what we’re doing? There are consequences for our actions. If certain people are given a “get out of jail free” card, then ALL of us who purchased a home in 2005 should get that same card.

What they should be doing is keeping the DPA programs. They’re punishing the WRONG people! The ones who are keeping our economy going are now being swiped of the opportunity if they don’t have $10,000, $20,000 or more sitting in a bank account.

The question SHOULD be: Why are they taking away a program that allows people who are well qualified with lengthy job history, good credit scores, and good income-to-debt ratios but don’t have a huge chunk of cash sitting in their bank- from buying the surplus of homes that are sitting on the market for sale? There is a big market of first time home buyers, people who are recovering from life changes such as divorce, and multi-cultural US citizens who are buying the inventory. A large percentage of this group does not have enough cash to cover the entire down payment and closing costs.

The question SHOULD be: Why weren’t the appropriate lending guidelines in place to qualify these buyers who are defaulting? If these guidelines are now in place, then why not let the people who do qualify get down payment assistance from the seller who is willing and able to offer it?

We should be focused on that point, not bailing out the people who caused this mess. I was raised with the principle that there are consequences for our actions, whether good or bad.

Instead, go to GetDownPayment.com and click TAKE ACTION NOW to submit a plea to your congressperson to keep the DPA and the American Dream alive.

Otherwise, who will buy the homes on the market? Investors and people with $20,000 sitting in a bank account? If you’re a seller, that certainly LIMITS your buyer pool! Not to mention…the investor will severely low ball the offer price as much as $100,000 below asking price (after all, that’s what makes it an INVESTMENT, right?!).

If you’re thinking of buying real estate, you better start saving…for the next 2-5 yrs or so! And, then, you’ll most likely have missed the BEST buying opportunity in real estate in YOUR lifetime.

They’re adding to the decline of the economy and real estate market by PROHIBITING buyers who are ready, willing and able to purchase a home from doing so if they don’t have $10,000-30,000 or more sitting in a bank account.

I, personally, am helping several buyers who are well-qualified to get into a home, using this program because they simply don’t have the cash sitting in a bank account for the full down payment. Don’t get me wrong -it takes a huge amount of effort on my part to find the right home that will appraise at the purchase price and has a seller willing to contribute up to 6% (or more) of the sales price to the buyer’s down payment and closing costs, BUT I’m doing it and it’s selling homes. I’m willing to earn my paycheck ….and see the happiness of someone who’s getting the keys to their very first home…and it’s not at an inflated purchase price!

”…I’m just saying…”
Kelli Grant, Residential Realtor TRYING to help dreams come true

The response you posted regarding “Will the 300 Billion Dollar Assistance Bill Passed by the House and the Senate Help the Current Real Estate Market?” was very insightful.- Alexander Bermudez, www.Classic-Apartments.com

Recently, realtors and industry experts gathered to showcase neighborhoods in central and east Phoenix. It appears that home buying and selling is strong in specific neighborhoods, such as the area between 35th and 40th streets, from Oak St. to McDowell. Homes have consistently been selling for about 97 percent of value.

With gas prices soaring to an all-time high, people are focused on living closer to work.

The foreclosure and mortgage crisis dominate the news. Andrew Waite, author of ‘Where to live in Phoenix’, confirms that 94.6 percent of all mortgages are current. And, with certain neighborhoods still doing well, it’s really not accurate to blanket the entire valley with the same negative stats.

Phoenix, the ‘Valley of the Sun’, has always been very neighborhood-centric. The recent housing market highlights how individual communities within one city have their own lifestyle and characteristics.

In the last Neighborhood Advisory Council meeting in Sonoran Foothills, the Community Manager pointed out how we can be proactive in taking control of our neighborhood. Developers and home builders market new communities using enormous marketing budgets. Once the community is turned over to the homeowners, we can still make an impact.

I guarantee each neighborhood has several resident realtors and mortgage brokers. I, for one, am looking forward to marketing my neighborhood as an attractive place to live with all of our surrounding beauty and amenities! I don’t think it’ll happen right away due to simple geography, but as more businesses are built nearby –the better it will get.

For accurate neighborhood housing stats, contact your neighborhood Realtor, Kelli Grant.

Walk Away or Stay?

There are thousands of homeowners facing foreclosure who simply walk away from their properties and their mortgages. The lenders are left to deal with the financial fallout.

It’s starting to become a business decision and not just a financial duress decision causing homeowners to walk away. Many who owe more than their houses are worth abandon their homes and mortgages and it just might make financial sense, especially if you are not too concerned about the hit to your credit score.

Some homeowners are combining that strategy with a new one. They are buying new homes before their old homes go into foreclosure, and then walking away from the old homes and the old mortgages.

What these homeowners hope to achieve is getting out of their current untenable mortgage situations with a new home and a new mortgage. And it appears that so long as the homeowners don’t mind seeing their credit scores tumble, this strategy will work.

The homeowners will need to come up with a new lender and sizable down payment for the new home, but once they’re in, there is nothing that the old lender can do.

Since the new home with the new mortgage, has no connection to the old home and the old lender, the old lender can not come after the new home to collect any debt owed on the old home.

What is also a sign of the times is that there are now realtors who specialize in helping homeowners pursue this strategy and lenders who also specialize in these situations.

Is this the right thing to do? I was raised with traditional values that you should pay back the money you borrowed. However, when a colleague approached me with the concept, I have to admit that it made me think. I have clients who continually ask my advice about the home they purchased in the height of the market . . and when they consider the crushing blow they’re taking, they want to know what they can do.

Some have crunched numbers and it may take an additional 7 yrs to break even…and if there are short sales and foreclosures attracting buyers who can enter the neighborhood for up to $300,000 less than what others entered into - what does that mean to the neighborhood? Are these new neighbors taking care of their homes and their yards in the same manner? Are they upgrading and landscaping to the same level as those that paid hundreds of thousands more for their homes?

Even when the overall market returns, will the neighborhood be an entirely different community than when others purchased the home? And, if you’re at a time in life saving for retirement and the primary residence was supposed to be an appreciating asset - is it better to walk away with a minor ding on your credit for going through a short sale and “starting over”?

I don’t have the answers, but I can say that, suprisingly, this concept made me stop and consider!

When a borrower is unable to meet the monthly mortgage payments on their home, the borrower will lose title to their home through:
1. A Short Sale
2. Foreclosure, or
3. Deed in Lieu of Foreclosure

But, did you know that under Section 108(a) of the Internal Revenue Code of 1986, a mortgage lender who forgave debt was required to provide a 1099 Form to the IRS stating the amount the borrower had been forgiven? The amount of debt forgiveness on a home is then taxed as ordinary income, for any of the previously three mentioned methods.

For example, you owe $250,000 on a mortgage and the lender reduced the amount owed to $200,000 to facilitate a short sale. Under current tax law, the $50,000 in forgiven mortgage debt becomes taxable income.

Unfortunately, the majority of people in a situation where that can’t make the mortgage payments are in financial distress (DUH!) and are unable to pay the additional taxes.

Relief is in Sight!
On December 20, 2007, President Bush signed H.R. 3648, known as the Mortgage Forgiveness Debt Relief Act of 2007. It amends Section 108(a) of the Internal Revenue Code of 1986 to ensure that any amount forgiven on mortgage debt secured by a principal residence will not be taxed. It was effective as of December 20, 2007 and applies to indebtedness discharged on a principal residence before January 1, 2010.

In a buyers’ market it can often be tricky to get even close to your asking price. There are, however, a few things you can do to help get a little closer, or even actually get your asking price. A recent Realty Times article discussed some of the following tips that most people can implement to help get the asking price… and sell the house as soon as possible. There are generally three categories that they fall in:

ONE
Finish the unfinished rooms or convert any convertible rooms, such as the basement or a recreational room. Not only does this give an increased amount of usable space, but it can also be used as a selling point since these are expenses that the buyer doesn’t have to incur. Not to mention, there seems to be an increased desire for move-in ready homes where the buyer does not have to do a thing to the house.

In houses over $500,000, offer a free media room. With deals, you can probably have one installed for around $5,000. Media rooms are something many house shoppers see as a neat luxury, and could be the difference between someone going for your house or someone else’s. Just over a year ago, Architectural Digest united with Sotheby’s International Realty Affiliates, Inc. in a consumer-trend study to find that 32% of people seeking a secondary home wanted a media room/home theater. For more info on top amenities buyers look for in luxury homes, click here.

TWO
You can make the mortgage on your house more desirable by buying down the interest rate. This is something fairly easy to offer someone, and a lower payment certainly makes your home more desirable!

Rather than offering a cash-specific incentive, you can offer something else like a vacation. Again, this makes your offer stand out from other offers.

Offer seller financing. This is actually not that difficult to do if you can make the deal work, and can actually end up earning you some money. Talk to your realtor about the possibilities.

THREE
Offer to pay their HOA fees for a year. This is a practical buyer benefit. If someone is carefully looking at their budget, not having to include these fees in their monthly expenses can be a big deal.

Offer to pay off some of their debt. If this is done as part of the loan program, then it could lead to the buyer qualifying for a larger loan, or a better interest rate. If just a side agreement, then again, it could mean lower monthly payments, which can be extremely important to the buyer.

Finally, you can always offer to pay the closing costs. These tend to be something that is a big hit to buyers’ pocketbooks, and something people don’t adequately budget for when shopping for a new house.

Unfortunately, other than the few aesthetically appealing things you can do to spruce up the house, real incentives tend not to be cheap. They can mean the difference from having to drop your asking price by quite a few thousand… or actually getting what you want! The key to choosing which incentive to go for is to think about what incentive works best for you AND what is a true attraction for the demographic of buyers looking to buy your house and in the community you’re in.

Make your home desirable for a buyer. What made you fall in love with your home when you bought it? What are the home’s weaknesses? Be clear on both of these and enhance the strengths and minimize the weaknesses. If the house lacks storage space, don’t enhance that fact by not cleaning out the closets so when the prospective buyer opens it they get pummeled by your stuff falling on them! Organize the closets and cabinets so everything appears neat and spacious. This doesn’t cost anything other than time and possibly a good friend to keep some of your stuff in boxes.

If you can’t afford big-ticket items such as renovating your kitchen or adding bathrooms, consider small improvements that can make a big difference. A recent survey found that a simple hanging storage system in the garage was more valued by buyers than a big kitchen, big backyard or a formal dining room!

Also make sure you do little maintenance things to enhance curb appeal, such as washing the windows, trimming bushes, repairing the driveway, repainting the front door and making sure the doorbell works.

Finally, a dirty house will always put buyers off. If you have to, hire a cleaning service to clean your home once a week while it’s on the market. With so many homes to choose from right now, buyers don’t have to see pass the dirt and how a house “could” look like a home. They just want to see the next home on the list!

Could you treat your family member like this??

As more and more home foreclosures hit the market, the biggest and most unknown losers are family pets who are being deserted by their owners.

Animal welfare experts say that the United States slumping housing market has led to an increase in the number of abandoned animals. For some of these homeowners, feeding their pets is just not affordable anymore. Many homeowners are having to move in with relatives or find rentals where pets are not allowed.

Pets are being dumped all over the country. Dogs are being found in farms and domestic cats are showing up in feral wild colonies. Even worse, some pets are being left behind in their foreclosed homes without any food and water.

Many foreclosure homes and go weeks without having a showing. An animal left behind does not stand a chance. It can take weeks for an animal to starve to death. Desperate scratch and bite marks are usually found on doors, windows and baseboards.

Recently, the animal rescue group, Paw Placement, was part of a a huge rescue mission to save abandoned cats that were left behind by their previous owners in a demolished apartment building. Many of these cats were starving and sick due to neglect.

Although some pet owners may think they are doing their pets a favor by not taking them to a shelter or the local pound, they are mistaken. Pets get dependent on their owners for food and their well being. They are domestic animals that are not equipped to survive on their own. They have no chance of survival by being abandoned and their fate is ultimately a painful and suffering death.

Homeowners facing foreclosures should be encouraged to bring their pets to the local humane society or Animal Care and Control facility. In these facilities, their pet at least has a good opportunity of being adopted. Although not every pet will find a home and may be euthanized, they still have a chance. As Stephanie Shain from the humane society put it, " They’ll be fed, have water and/or have a humane euthanization, as opposed to spending the last days of their lives eating carpet or wallboard."

*** Pet abandonment and pet dumping are illegal in most of the United States. In Arizona, this is a class 6 felony.