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NAR Meeting Update and Pre-Opened Escrows – MAR Monday Memo – 05/19/14

By Marin Association of Realtors, Marin Real Estate News, Regulations

Good morning MAR members!

Greetings from the nation’s capitol in Washington DC, where Kay Moore, Andy Fegley and I spent most of this week at the NAR mid-year meetings, which were recently renamed the REALTOR Party Convention.  Hot and muggy conditions greeted us to start the trip, followed up by torrential rains on Thursday night…complete with flash flood warnings.  It’s Friday afternoon and I’m starting this draft at the airport, waiting on the tarmac to take off, sitting in the airplane in runway jail and delayed for another 90 minutes…connecting thru Philadelphia, where last night’s weather has travelled…hopefully I’ve made it home by the time you read this.  And hoping that I don’t get to spend the night on the cold hard floor of the Philly airport.

Last week, we had a great MAR General Membership meeting, with featured speakers Sara Sutachan of CAR and MAR member Steve Dickason giving us timely market updates on Marin, California and the nation at large.  It seems that low inventory continues to be the state of affairs…everywhere.  Steve showed that there is still a less-than-two-months supply of homes in Marin, so it’s still tight.  2014 appears to be trending more in line with 2012 than with 2013.

What I’m seeing inventory-wise is the mad rush to get into homes has given our buyers much less time to make an informed decisions on the homes on which they are writing offers.  As a result, there seem to be a few more properties falling out of escrow than feels normal.  The oft-used “back on market, no fault of property, buyers didn’t do inspections” which translates to “cold feet”.  It’s tough to make people wait, as agents are beating the doors down trying to get their clients into the property.

I stumbled onto an issue last week that many were quietly grumbling about:  the pre-opened escrow phenomenon.  Quite unexpectedly, this was the most-commented-on issue I’ve written about all year.  It totally caught me off guard…I was just venting, and many of you chimed in.  I got about 30 feedback comments from members, with 29 completely appalled by the process and one outlier defending the practice.  I even had a few of our title company biz dev reps thank me for bringing it up.

It’s become something of a fevered pitch, an “arms race” of sorts, with many agents commenting that whenever they now put a property on the MLS they are getting several calls from title reps wanting to pre-open an escrow.  People, this is not productive.  The comments came from across the agent spectrum market-wise, but most came from seasoned, veteran agents, all of whom are listing agents themselves.

Now, on to NAR and the REALTOR Party Convention. What a week in Washington DC!  It’s amazing to see 4,000 REALTORS come together and advocate for the industry and private property rights.  On Thursday, our team from California District 2 visited the office of Congressman Jared Huffman to brief his staff on our industry’s position on many important national real estate policy issues.

I had the opportunity to speak on the importance of preserving the current real estate tax code.  On the table in congress right now is the “Tax Reform Discussion Draft” where many of the fundamental  tax statutes seem to be on the table, including the mortgage interest deduction, the ability to deduct state and local property taxes on your federal tax return, and also like-kind (1031) tax-deferred exchanges for investment property.  The mortgage interest and property tax deductions have been part of the tax code for over 100 years.  They are the foundation of public policy that encourages home ownership, and allow families of modest income to afford homes of their own.

NAR strongly supports retaining the current tax code as it relates to the mortgage interest deduction and property tax deduction.  Were the congress to eliminate the mortgage interest deduction, it’s estimated that property values would drop 15%.  If the property tax deduction were eliminated, double-taxation would be the result and you would be paying your property taxes with already-taxed money.  Finally, the like-kind 1031 tax-deferred exchange policy creates liquidity in an inherently illiquid investment property market.  Were 1031 exchanges to go away, the flow of capital in this segment of the market would slow considerably.  People would sit on their properties, redevelopment would slow, and the jobs that result from redevelopment would be lost.

Kathy Hayes of the North Bay Association of Realtors (NorBAR) spoke on the ongoing need to not tax the phantom “gain” for people who have lost their homes to a short sale or foreclosure.  The government’s waiver of that taxable “gain” expired at the beginning of this year, and this ongoing issue is still being debated.

Sally Crain of NorBAR  spoke about the importance of preserving the current loan limits of the FHA program…which look like they will be preserved at this point.  NorBAR’s Terri Ann McGowan spoke about the importance of retaining the role of the Government Sponsored Enterprises (GSE’s…Fannie Mae and Freddie Mac).  Both of these agencies have paid all of the money back to the federal government that was needed during the financial crises…and even though the federal government is actually MAKING money off that investment, there is a strong possibility in Washington that these agencies will be unwound.  We need these agencies.  NAR strongly supports retaining the GSE’s to ensure the affordable availability of capital for people of modest means to finance a home purchase.

In addition to the legislative advocacy on Capitol Hill, there were lots of great meetings and roundtables.  I had the opportunity to participate in the Association Presidents’ Roundtable on Friday morning.  What a terrific experience, meeting with hundreds of Association presidents from around the country, and comparing notes on a variety of topics.  MAR shares many of the same challenges with associations across the country.  We were split up so large, medium and small associations sat with one another.  We’re classified as “medium”.  We rotated tables every 25 minutes and sat with moderators on a variety of subjects, with different mixes of presidents each time.  Among others, I chose to sit in on Syndication and IDX feeds (to Zillow/Trulia and the like), and also the “What do you do for your members other than provide access to the MLS?”

The IDX/syndication session was sort of refreshing because of the democracy of the subject; meaning, presidents from all over the country were grumbling about inaccuracy of data, other agents’ pictures next to their listings, and the inevitable loss of control of what happens with our data.  That was contrasted with the obvious consumer desire for robust access to data and sellers’ desire to have their listings in front of as many eyeballs as possible.

Regarding providing member services other than the MLS…well, we don’t have our own MLS…  The discussion was a great roundtable of what associations similar in size to ours, all around the country, are doing to provide value and relevance to membership.  This sort of thing is always racing through my mind, and it’s been the subject of spirited discussions in our MAR board room since the day I got there.

Whew, I’m exhausted!  All in all, a super-productive week for MAR…a super-productive month so far that started at CAR in Sacramento on April 29th.

I’m finishing this at 30,000 feet somewhere over the middle of America, and my mind is still racing.  The good kind of racing.  I made my connection in Philly, running from one concourse to another, getting to my gate 5 minutes before they closed the door.

Really looking forward to getting back to our lovely Marin.

I wish you safe and prosperous week!

Blaine

 

 

CAR Highlights, MAR General Membership Meeting Tuesday, May 13th – MAR Monday Memo 05/12/14

By California Association of Realtors, Legislation, Marin Association of Realtors

Good morning MAR members!

So many buyers, so many listings, so many offers!  Everyone I know is running around at a frenzied pace, but it does seem that more properties are coming on the market.

I’m looking forward to seeing many of you at the MAR General Membership meeting tomorrow, Tuesday May 13 at 9:30 AM, at Embassy Suites in San Rafael.  The featured speaker is Sarah Sutachan, who is the Manager of Broker and Real Estate Finance Outreach for CAR.   This is the “economic update” traditionally provided by Leslie Appleton-Young.  MAR member Steve Dickason will be giving his always-informative and valuable Marin Market Update.

This week, after Tuesday’s MAR General Membership meeting, MAR CEO Andy Fegley, Federal congressional key contact Kay Moore and I are off to Washington DC for the National Association of REALTORS mid-year meetings.  We will be meeting with Congressman Jared Huffman’s staff and briefing them on all of NAR’s matters before congress.  I will be reporting back on the results of those meetings next week.

Andy Fegley and I also visited with the City of San Rafael again last week in our ongoing effort to eliminate the increased “double jeopardy” we are seeing in their resale inspection practices.  I feel like we are making some real progress and we certainly have their attention at the highest level of city staff.  City staff had a department-wide meeting to work to improve the process, and they shared a list of their initial thoughts to improve.

MAR’s main concern is the specific instance where non-compliant items that were missed in prior resale inspections…years ago..are being forced into compliance today…years later…after being missed previously by San Rafael.  Buyers thus made purchase decisions based upon incorrect reports generated by San Rafael.  Buyers and sellers have a reasonable expectation that these mandatory inspections they are paying for are correct.  They finally seem to be listening to us, and I believe there will be some meaningful reforms in the near future.  Thomas Ehrens, chief building inspector, did ask me to relay two things to MAR membership:  (1) they don’t enjoy the process of forcing compliance…he said that there is no pleasure in the “gotcha” moment; and (2) they absolutely are not in the resale inspection business for the money generated by their compliance efforts.  In fact, they likely lose money in that part of their business.

First off, I need to get something off my chest.  What’s up with everyone “pre-opening” escrows?  It really does seem like everyone.  I get it if you’ve got a squirrely property that needs research, or a short sale, but why does every squeaky clean home with no mortgage and no easements have an opened escrow too?  I just don’t get it.  Yes, as a listing agent I like to control who is doing the escrow, and yes I like to send business to my friends.  But the buyer is paying for title insurance and the escrow fee in Marin.  Let the buyers use who they want.  Just my opinion, I felt like sharing.

Thank you for all your feedback on the auction report I shared last week.  Based upon the feedback, I gather we’re all learning and picking our way through the…dynamic…business practices of our friends in the auction business and the bankers that use them.  If anyone knows anything important that I didn’t share…please share!  Like all of us, I’m trying to understand this new emerging business model.

As promised, here are some of the highlights of the CAR meetings in Sacramento earlier this month:

Governor Jerry Brown kicked the whole thing off with an early appearance at about 9:15 on Wednesday’s legislative day.  Always entertaining, he seems to be picking up on a current issue here in Marin and likely elsewhere in the state:  local control.  The Governor advocated for more local control, “Let decisions get made locally.  People in Modoc do things differently that people in Berkeley.  Let them make their own decisions.”  I think we can all get behind that as far as housing density here in Marin.  Unfortunately, the Governor and the Legislature don’t always see things the same way…

On legislative day, the Marin contingent joined many of our colleagues from the North Bay Association of Realtors (NorBAR) to meet with Assemblyman Marc Levine’s staff to promote CAR’s position on a number of bills before the legislature:

  • AB 2416, which allows employees with a wage dispute to record a lien against an employer’s property, even though no connection with the property itself is required, no notice is required, and thus no due process.  It’s like a mechanic’s lien with abbreviated notice, and it allows this wage lien to be a “super lien” ahead of other liens.  This will cloud title, obviously.  Other legal remedies already exist, and CAR opposes AB 2416.
  • AB 2039 relates to last week’s discussion about indemnity clauses that lenders and auction companies are forcing on sellers and listing brokers.  Again, this is where an online auction is used to “validate” the sales price in a short sale.  In essence, the lender forces the seller and listing agent to turn over the listing for an online auction, and also forces those parties to indemnify the auction company against any wrongdoing during the rest of the transaction.  AB 2039 prohibits this indemnification language, and CAR strongly supports this bill.
  • SB 391 has been around for a while, the better part of two years, and CAR has been fighting against it much of the time.  This is the bill that adds a document recording fee to most real estate-related documents that do not relate to a sales transaction.  Think refinancing.  Or changing title status after the death of a family member.  These fees will go toward funding affordable housing.  In the “death of a spouse” example, these new fees could add up to an additional $440 bourdon on the surviving spouse.  CAR supports affordable housing, but feels that it’s a society-wide issue and the bourdon should be shared across all segments of society, not just property owners.  Further, they’re calling it a “fee” (to cover costs directly related to the transaction), but it’s really a “tax” (because they’re moving the money to pay for something else).  All part of a scheme to only need a simple majority to pass rather than a super majority for a tax.  CAR continues to strongly oppose SB 391.
  • Finally, AB 2169 seeks to validate existing legislation that REALTORS and licensees are “independent contractors” and not “employees”.  There are existing regulations that go back decades that state just that, but in a recent lawsuit a judge ignored those precedents and unilaterally decided that because brokers supervise their agents, then those agents must be employees.  AB 2169 seeks to clarify that supervision does not necessarily equal employment.  Most all of us are indeed independent contractors, and AB 2169 seeks to clarify existing law.  CAR strongly supports AB 2169.

CAR CEO Joel Singer had a great presentation on the current state of the Real Estate economy in California, and I’ll share some of the highlights of that presentation in the coming weeks.

That’s it for now, I’ll let you know how things go at NAR in Washington, DC.

I wish you a safe and prosperous week!

Blaine

 

 

 

 

 

 

 

 

CAR Update: AB1537, Online Auctions, MAR Monday Memo 05/05/14

By Legislation, Marin Association of Realtors, Marin Community News, Marin Real Estate News, Uncategorized

Good morning MAR members!

What a week!  September in April…whew.  I spent last week in Sacramento at the CAR Legislative Day and Spring Business Meetings, and it was hotter here in Marin than in Sacramento.  Frankly, it was downright perfect in the Central Valley, cooler than the last two years when I’ve been there.

Be sure to mark your calendars for next Tuesday, May 13 at 9:30, which is MAR’s general membership meeting at Embassy Suites in San Rafael.  Our guest speaker will be Sarah Sutachan, who is the Manager of Broker and Real Estate Finance Outreach for CAR.  Since I’ve been an MAR member, one of the biggest meetings of the year has always been when Leslie Appleton Young is the featured speaker.  Leslie is CAR’s Chief Economist, and always brought valuable perspective to the statewide and Marin markets.  Leslie, who lives in Los Angeles, is paring down her travel schedule and is somewhat passing the torch to Sarah, who is a valuable member of her staff.  Join me and the rest of MAR’s leadership team to welcome Sarah Sutachan and gain valuable market perspective that you can use in your business today and get the most recent market info for your clients.  MAR member Steve Dickason will also be delivering his valuable ­­Marin Market Update.  Registration is only $10, and it’s open online.  Click here to register online. 

I’d also like to take a moment to share my support for our dear colleague and longtime MAR member Marie Whitemore.  Her 7-year-old granddaughter Gabrielle unfortunately is suffering from a very serious and inoperable brain tumor.  This little girl just underwent chemotherapy and is now beginning a more aggressive treatment…an expensive treatment that is not covered by insurance.  The Talbert family from the peninsula had a similar situation with a family member battling a similar condition, and the Talbert family has generously offered to match every donation dollar-for-dollar.  I’d like to encourage all of us to support the family however we can.  For more info, please click here .  The entire MAR family’s thoughts and prayers are with Marie and Gabrielle.

And what a week in Sacramento.  Lots of CAR business before the legislature, I’ll get that legislation next week.

The big day for me was Wednesday, where MAR CEO Andy Fegley and I attended and testified at two different Assembly committee hearings in support of Marin Assemblyman Marc Levine’s bill AB1537, which relates to the minimum density for housing developments in much of Marin.  Levine’s bill lowers the minimum density from 30 units to 20 units/acre.

Currently, Marin is lumped in with San Francisco and Oakland as being “metropolitan” and is something of an anomaly in the Bay Area with minimum zoning at 30 units per acre.  I knew that Sonoma and Napa were designated as “suburban” at 20 units/acre.  What I didn’t know is that Santa Clara County…the Bay Area’s most populous county…is also designated “suburban” at 20 units/acre.

Levine’s bill corrects that anomaly and re-designates Marin as “suburban” at 20 units per acre.  Last Wednesday, Andy and I, along with Supervisor Kate Sears and members of Bridge Housing and other agencies that historically have been against this type of change joined forces to support Levine’s bill.  AB1537 passed unanimously through the Housing Committee and then passed through the Local Government Committee.  MAR testified in support at both meetings.

MAR strongly supports this bill, and we are doing everything we can to assist Assemblyman Levine’s efforts to win passage.  The bill has progressed further than similar bills have fared in the past, and we plan to continue our efforts to support its passage.

The most fascinating session of the week at CAR was the Public Policy Forum.  The topic was online auctions.  Rick Sharga, the Executive VP at Auction.com generously made himself available for this meeting, which was absolutely packed and standing-room-only.  And I learned SO MUCH!

(this is a long account, sorry, but so much valuable info was shared and all the MAR members are talking about auctions)

-Auction.com sold 35,000 properties online last year, with the vast majority going to investors.

-Auction.com is a licensed broker in 48 states.

-Google just invested $50M in Auction.com, and now owns a 4% stake.  That investment values Auction.com at $1.2B.  Google will be helping Auction.com improve its mobile platforms.

-Speaking of mobile, Mr. Sharga shared a story about an investor in India who learned that he won an auction.  He contacted Auction.com to verify that he could finalize his cash purchase on his phone.  From India.

-It’s written into their Auction.com’s contract that “shill” bidders are part of the process.  Mr. Sharga’s first response was that “shill is such a nasty term.”  They call it “seller bidding”.  It’s perfectly legal, but ethically dubious in my opinion.  Meaning, if the auction slows down, or doesn’t get to the reserve, Auction.com will place a shill bid, in an attempt to get you to bid higher. It’s not a real bid, and thus you are competing against yourself.  Can you imagine?  In my mind, that’s the same as a listing agent telling you there is “another offer” or “multiple offers” when there really isn’t one.  Gigantic breach of our REALTOR Code of Ethics.  But since Auction.com is not a REALTOR member, the Code of Ethics does not apply.  CAR currently has sponsored a bill before the legislature to outlaw shill bidding.

-That 75% of Auction.com’s business is generated by investors.

-That most of Auction.com’s clients are not interested in anything other than cash buyers.

-That Mr. Sharga himself declared that Auction.com was “not ready for the consumer market.”

-In regards to CAR-sponsored legislation AB2039, Mr. Sharga admitted that “our contracts need work” and “we were never set up to work with consumers.”  AB2039 seeks to prohibit the current practice of indemnification clauses in the cases of short sale lenders seeking to use Auction.com to “verify” the short sale price.  As many of you know, Nationstar has been incorporating this “verification” process as part of their standard short sale process.  As the listing agent, you are required to sign a contract that indemnifies Auction.com of any liability during this auction process.  Net-net, as the listing agent, you and your broker are carrying the entire liability for any wrongdoing by Auction.com, even though at that point in the process Auction.com basically controls the listing.  AB2039 prohibits this indemnification practice, and CAR is working very hard for its passage.

-Among other investors, Auction.com and Nationstar happen to share a single common investor.  Go figure.  Fortress Investment Group is the majority owner of Nationstar, and Fortress Investment Group is also a major investor in Auction.com.  Mr. Sharga called that a “coincidence”, and said that there is no financial relationship between Auction.com and Nationstar other than the “buyer’s premium” that Auction.com is awarded when a property sells through its platform.  So he says.

-Mr. Sharga didn’t want to comment on a similar arrangement that has resulted in a current investigation where Benjamin Lawsky, superintendant of the New York Department of Financial Services is seeking to clarify the relationship between another auction site, Hubzu, and mortgage servicing firm Ocwen Financial.  Seems that Hubzu was spun off from Ocwen in 2009.  Mr. Sharpa encouraged us to Google Mr. Lawsky’s investigation of Hubzu.  It’s quite an interesting search, you should Google it yourself.

-Mr. Sharga shared that the reason for this short sale price “verification” is because the “servicers feel that they’re getting ripped off.”

Which brings us to…

-In regards to the new practice of loan servicers in short sales requiring the property to go onto Auction.com to “verify” the price, in California 75% of the properties that go through this verification are sold to someone other than the original offeror, with a 15-20% “uplift” in the price.  He was pretty adamant about that “uplift”.  Mr. Sharga answered a question that I had:  if the original offeror on the property has to increase his/her price to get it via the auction, that person does NOT have to pay the 5% buyer’s premium.  That’s about the only good thing I heard at this session.

-For many auction properties, Mr. Sharpa acknowledged that there is a current disconnect between the initial bidding price and the actual reserve.  Meaning the property is actually not for sale at the price that is entered into MLS.

The meeting went on and on and on, to the point where they had to stop it with many people still in line to speak.

Next week, I’ll give you a rundown of the rest of the CAR meeting.

That’s it for now.

I wish you a safe and prosperous week!

Blaine

CAR Update: AB1537, Online Auctions, MAR Monday Memo 05/05/14

By Legislation, Marin Association of Realtors, Marin Community News, Marin Real Estate News, Uncategorized

Good morning MAR members!

What a week!  September in April…whew.  I spent last week in Sacramento at the CAR Legislative Day and Spring Business Meetings, and it was hotter here in Marin than in Sacramento.  Frankly, it was downright perfect in the Central Valley, cooler than the last two years when I’ve been there.

Be sure to mark your calendars for next Tuesday, May 13 at 9:30, which is MAR’s general membership meeting at Embassy Suites in San Rafael.  Our guest speaker will be Sarah Sutachan, who is the Manager of Broker and Real Estate Finance Outreach for CAR.  Since I’ve been an MAR member, one of the biggest meetings of the year has always been when Leslie Appleton Young is the featured speaker.  Leslie is CAR’s Chief Economist, and always brought valuable perspective to the statewide and Marin markets.  Leslie, who lives in Los Angeles, is paring down her travel schedule and is somewhat passing the torch to Sarah, who is a valuable member of her staff.  Join me and the rest of MAR’s leadership team to welcome Sarah Sutachan and gain valuable market perspective that you can use in your business today and get the most recent market info for your clients.  MAR member Steve Dickason will also be delivering his valuable ­­Marin Market Update.  Registration is only $10, and it’s open online.  Click here to register online. 

I’d also like to take a moment to share my support for our dear colleague and longtime MAR member Marie Whitemore.  Her 7-year-old granddaughter Gabrielle unfortunately is suffering from a very serious and inoperable brain tumor.  This little girl just underwent chemotherapy and is now beginning a more aggressive treatment…an expensive treatment that is not covered by insurance.  The Talbert family from the peninsula had a similar situation with a family member battling a similar condition, and the Talbert family has generously offered to match every donation dollar-for-dollar.  I’d like to encourage all of us to support the family however we can.  For more info, please click here .  The entire MAR family’s thoughts and prayers are with Marie and Gabrielle.

And what a week in Sacramento.  Lots of CAR business before the legislature, I’ll get that legislation next week.

The big day for me was Wednesday, where MAR CEO Andy Fegley and I attended and testified at two different Assembly committee hearings in support of Marin Assemblyman Marc Levine’s bill AB1537, which relates to the minimum density for housing developments in much of Marin.  Levine’s bill lowers the minimum density from 30 units to 20 units/acre.

Currently, Marin is lumped in with San Francisco and Oakland as being “metropolitan” and is something of an anomaly in the Bay Area with minimum zoning at 30 units per acre.  I knew that Sonoma and Napa were designated as “suburban” at 20 units/acre.  What I didn’t know is that Santa Clara County…the Bay Area’s most populous county…is also designated “suburban” at 20 units/acre.

Levine’s bill corrects that anomaly and re-designates Marin as “suburban” at 20 units per acre.  Last Wednesday, Andy and I, along with Supervisor Kate Sears and members of Bridge Housing and other agencies that historically have been against this type of change joined forces to support Levine’s bill.  AB1537 passed unanimously through the Housing Committee and then passed through the Local Government Committee.  MAR testified in support at both meetings.

MAR strongly supports this bill, and we are doing everything we can to assist Assemblyman Levine’s efforts to win passage.  The bill has progressed further than similar bills have fared in the past, and we plan to continue our efforts to support its passage.

The most fascinating session of the week at CAR was the Public Policy Forum.  The topic was online auctions.  Rick Sharga, the Executive VP at Auction.com generously made himself available for this meeting, which was absolutely packed and standing-room-only.  And I learned SO MUCH!

(this is a long account, sorry, but so much valuable info was shared and all the MAR members are talking about auctions)

-Auction.com sold 35,000 properties online last year, with the vast majority going to investors.

-Auction.com is a licensed broker in 48 states.

-Google just invested $50M in Auction.com, and now owns a 4% stake.  That investment values Auction.com at $1.2B.  Google will be helping Auction.com improve its mobile platforms.

-Speaking of mobile, Mr. Sharga shared a story about an investor in India who learned that he won an auction.  He contacted Auction.com to verify that he could finalize his cash purchase on his phone.  From India.

-It’s written into their Auction.com’s contract that “shill” bidders are part of the process.  Mr. Sharga’s first response was that “shill is such a nasty term.”  They call it “seller bidding”.  It’s perfectly legal, but ethically dubious in my opinion.  Meaning, if the auction slows down, or doesn’t get to the reserve, Auction.com will place a shill bid, in an attempt to get you to bid higher. It’s not a real bid, and thus you are competing against yourself.  Can you imagine?  In my mind, that’s the same as a listing agent telling you there is “another offer” or “multiple offers” when there really isn’t one.  Gigantic breach of our REALTOR Code of Ethics.  But since Auction.com is not a REALTOR member, the Code of Ethics does not apply.  CAR currently has sponsored a bill before the legislature to outlaw shill bidding.

-That 75% of Auction.com’s business is generated by investors.

-That most of Auction.com’s clients are not interested in anything other than cash buyers.

-That Mr. Sharga himself declared that Auction.com was “not ready for the consumer market.”

-In regards to CAR-sponsored legislation AB2039, Mr. Sharga admitted that “our contracts need work” and “we were never set up to work with consumers.”  AB2039 seeks to prohibit the current practice of indemnification clauses in the cases of short sale lenders seeking to use Auction.com to “verify” the short sale price.  As many of you know, Nationstar has been incorporating this “verification” process as part of their standard short sale process.  As the listing agent, you are required to sign a contract that indemnifies Auction.com of any liability during this auction process.  Net-net, as the listing agent, you and your broker are carrying the entire liability for any wrongdoing by Auction.com, even though at that point in the process Auction.com basically controls the listing.  AB2039 prohibits this indemnification practice, and CAR is working very hard for its passage.

-Among other investors, Auction.com and Nationstar happen to share a single common investor.  Go figure.  Fortress Investment Group is the majority owner of Nationstar, and Fortress Investment Group is also a major investor in Auction.com.  Mr. Sharga called that a “coincidence”, and said that there is no financial relationship between Auction.com and Nationstar other than the “buyer’s premium” that Auction.com is awarded when a property sells through its platform.  So he says.

-Mr. Sharga didn’t want to comment on a similar arrangement that has resulted in a current investigation where Benjamin Lawsky, superintendant of the New York Department of Financial Services is seeking to clarify the relationship between another auction site, Hubzu, and mortgage servicing firm Ocwen Financial.  Seems that Hubzu was spun off from Ocwen in 2009.  Mr. Sharpa encouraged us to Google Mr. Lawsky’s investigation of Hubzu.  It’s quite an interesting search, you should Google it yourself.

-Mr. Sharga shared that the reason for this short sale price “verification” is because the “servicers feel that they’re getting ripped off.”

Which brings us to…

-In regards to the new practice of loan servicers in short sales requiring the property to go onto Auction.com to “verify” the price, in California 75% of the properties that go through this verification are sold to someone other than the original offeror, with a 15-20% “uplift” in the price.  He was pretty adamant about that “uplift”.  Mr. Sharga answered a question that I had:  if the original offeror on the property has to increase his/her price to get it via the auction, that person does NOT have to pay the 5% buyer’s premium.  That’s about the only good thing I heard at this session.

-For many auction properties, Mr. Sharpa acknowledged that there is a current disconnect between the initial bidding price and the actual reserve.  Meaning the property is actually not for sale at the price that is entered into MLS.

The meeting went on and on and on, to the point where they had to stop it with many people still in line to speak.

Next week, I’ll give you a rundown of the rest of the CAR meeting.

That’s it for now.

I wish you a safe and prosperous week!

Blaine