FHA property flipping memo

June 8, 2006

MORTGAGEE LETTER 2006 -14

TO: ALL APPROVED MORTGAGEES

SUBJECT: Property Flipping Prohibition Amendment

On June 7, 2006, HUD published a final rule in the Federal Register amending regulations at 24 CFR 203.37a prohibiting property flipping in HUD’s single-family mortgage insurance programs by providing additional exceptions to the time restrictions on sales. The rule and this mortgagee letter become effective for mortgages endorsed for insurance on or after July 7, 2006. This Mortgagee Letter also rescinds, in their entirety, Mortgagee Letters 2003-07 and 2005-05.

The additional categories of properties exempted from the time restrictions include sales of properties by:

• State and Federally chartered financial Institutions and government-sponsored enterprises (GSEs) (e.g., Fannie Mae and Freddie Mac)
• Local and State government agencies
• Nonprofits approved to purchase HUD REO properties at a discount
http://www.hud.gov/offices/hsg/sfh/np/np_hoc.cfm
• Sales of properties within Presidentially-Declared Disaster Areas (upon FHA’s announcement of eligibility in a mortgagee letter specific to said disaster)

Prohibition on Property Flipping Described

Property flipping is a practice whereby a property is resold a short period of time after it is purchased by the seller for a considerable profit with an artificially inflated value, often abetted by a lender’s collusion with the appraiser. FHA’s policy prohibiting property flipping eliminates the most egregious examples of predatory flips of properties within the FHA mortgage insurance programs.

Overview of FHA’s Property Flipping Policy

FHA requires that: a) only owners of record may sell properties that will be financed using FHA-insured mortgages; b) any resale of a property may not occur 90 or fewer days from the last sale to be eligible for FHA financing; and c) that for resales that occur between 91 and 180 days where the new sales price exceeds the previous sales price by 100 percent or more, FHA will require additional documentation validating the property’s value. FHA also has flexibility to examine and require additional evidence of appraised value when properties are re-sold within 12 months.

Sale by Owner of Record

To be eligible for a mortgage insured by FHA, the property must be purchased from the owner of record and the transaction may not involve any sale or assignment of the sales contract. This requirement applies to all FHA purchase money mortgages regardless of the time between resales.

The mortgage lender must obtain documentation verifying that the seller is the owner of record and submit this to HUD as part of the insurance endorsement binder; it is to be placed behind the appraisal on the left side of the case binder. This documentation may include, but is not limited to, a property sales history report, a copy of the recorded deed from the seller, or other documentation such as a copy of a property tax bill, title commitment or binder, demonstrating the seller’s ownership of the property and the date it was acquired. Mortgagees participating in the Lender Insurance program (see ML 2005-36) are to retain this documentation and provide it to FHA upon request.

Resales Occurring 90 Days or Less Following Acquisition

If the owner sells a property within 90 days after the date of acquisition, that property is not eligible security for a mortgage insured by FHA unless it falls within one of the exceptions to the time restrictions on resales set forth in §203.37a(c) of the regulations. FHA defines the seller’s date of acquisition as the date of settlement on the seller’s purchase of that property. The resale date is the date of execution of the sales contract by the buyer that will result in a mortgage to be insured by FHA.

As an example, a property acquired by the seller is not eligible for a mortgage to be insured for the buyer unless the seller has owned that property for at least 90 days. The seller must also be the owner of record.

Resales Occurring Between 91 and 180 Days Following Acquisition

If the resale date is between 91 and 180 days following acquisition by the seller, the lender is required to obtain a second appraisal made by another appraiser if the resale price is 100 percent or more over the price paid by the seller when the property was acquired.

As an example, if a property is resold for $80,000 within six months of the seller’s acquisition of that property for $40,000, the mortgage lender must obtain a second independent appraisal supporting the $80,000 sales price. The mortgage lender may also provide documentation showing the costs and extent of rehabilitation that went into the property resulting in the increased value but must still obtain the second appraisal. The cost of the second appraisal may not be charged to the homebuyer.

FHA also reserves the right to revise the resale percentage level at which this second appraisal is required by publishing a notice in the Federal Register.

Resales Occurring Between 91 Days and 12 Months Following Acquisition

If the resale date is more than 90 days after the date of acquisition by the seller but before the end of the twelfth month following the date of acquisition, FHA reserves the right to require additional documentation from the lender to support the resale value if the resale price is 5 percent or greater than the lowest sales price of the property during the preceding 12 months. At FHA’s discretion, such documentation may include, but is not limited to, an appraisal from another appraiser.

FHA will announce its determination to require the additional appraisal and other value documentation, such as an automated valuation method (AVM), through a Federal Register issuance. This requirement may be established either nationwide or on a regional basis, at FHA’s discretion.

Exceptions to 90-day Restriction

The following sales are exempt from the time restrictions provided by §203.37a:

• Sales by HUD of its Real Estate Owned
• Sales by other United States Government agencies of single family properties pursuant to programs operated by these agencies.
• Sales of properties by nonprofits approved to purchase HUD-owned single-family properties at a discount with resale restrictions.
• Sales of properties that are acquired by the sellers by inheritance.
• Sales of properties purchased by employers or relocation agencies in connection with relocations of employees.
• Sales of properties by state and federally charted financial institutions and Government Sponsored Enterprises.
• Sales of properties by local and state government agencies.
• Upon FHA’s announcement of eligibility in a notice (i.e., ML), sales of properties located in areas designated by the President as federal disaster areas, will be exempt from the restrictions of the property-flipping rule. The notice will specify how long the exception will be in effect and the specific disaster area affected.

Inapplicability of §203.37a to New Construction

The restrictions in 203.37a are not applicable to a builder selling a newly built home or building a home for a homebuyer wishing to use FHA-insured financing.

Date of Property Acquisition Determined by the Appraiser

Mortgage lenders may rely on information provided by the appraiser in compliance with the updated Standard Rule 1-5 of the Uniform Standards of Professional Appraisal Practice (USPAP). This rule requires appraisers to analyze any prior sales of the subject property that occurred within
specific time periods, now set for the previous three years for one-to-four family residential properties.

As a result, the information contained on the Uniform Residential Appraisal Report or other applicable appraisal report form describing the Date, Price and Data for prior Sales is to include all transactions for the subject property within three years of the date of the appraisal and the comparable sales within 12 months of the date of the comparable sale. Appraisers are responsible for considering and analyzing any prior sales of the property being appraised within three years of the date of the appraisal and the comparables that are utilized within 12 months of the date of the comparable sale.

Therefore, provided that the URAR completed by the appraiser shows the most recent sale of the property to have occurred at least one year previously, no additional documentation is required from the mortgage lender. The mortgage lender remains accountable for verifying that the seller is the owner of record and may rely on information developed by the appraiser for this purpose if provided. However, if the lender obtains conflicting information before loan settlement, it must resolve the discrepancy and document the file accordingly.

If you have any questions regarding this Mortgagee Letter, please call 1-800-CALL-FHA.

– Sincerely,

Brian D. Montgomery
Assistant Secretary for Housing-
Federal Housing Commissioner

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COMPARISON OF PRICE PER SQUARE FOOT SOLD VS. ACTIVING LISTED


AUGUST 21, 2009

CHERRY HILLS VILLAGE $1,000,000 & UP

These two charts reflect Sold & Closed (50 Last 12 Months) vs. Currently Active (132) in Cherry Hills Village greater than $1M. With about 1 sale/week, there is at least a 2.5 years supply assuming no new listings moving forward. Additionally, the differential between the two is very telling. With average list prices about 33% higher than sold prices, it would appear this market segment is ready for a significant price adjustment before a balance between supply and demand is achieved.

This document was prepared by Tom Cryer, SCRP Broker Associate at The Kentwood Company. Information was compiled from MetroList data.

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Next Generation Recruiting

Next Generation Recruiting

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Did you ever consider this? Average price is simple;

Did you ever consider this? Average price is simple; add up all the sales prices divide by the number of transactions – voila’; there’s your number. But what really goes into this average price?
Over the years, houses have become larger. The average size of houses has increased. I think this is the first year in my lifetime where the average size of a new house actually dropped. But, beyond that, houses have more STUFF; electronics, garage openers, microwaves, more bathrooms, basements have higher ceilings, closets are bigger, alarms here and there, wood, slate, granite, marble, etc.

Are you still following me? Here we go, have homes appreciated as much as we think they have based on reported average prices, or have houses become larger, more content rich and more functional over time as to give us a perception of appreciation than might actually be occurring from cost rather than market driven forces.

I know this topic is a little esoteric, but the average price of a house in its 1950s version is significantly different than the average price of a house in 1980s trim, and so on. Are we comparing apples to apples – year after year?

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It is 2:49 PM in Denver righ now. It is raining cats and dogs in the Tech Center!

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The Streets at SouthGlenn Announces Colorado Grand Opening

The Streets at SouthGlenn Announces Colorado Grand Opening
One of Nation’s only Mixed-Use Centers to Open in Centennial, CO on August 28, 2009

CENTENNIAL, CO. August, 25 2009 – On Friday, August 28, The Streets at SouthGlenn, one of the country’s only large scale, mixed-use projects to open this year, will celebrate its grand opening festivities with the public. This three day celebration marks the completion of a historic project and sets a new benchmark for collaborative re-development. All weekend long, shoppers can experience “life on The Streets” exploring new retailers and restaurants while interacting with entertainers including stilt walkers, jugglers, human statues, face painters, balloon artists and musical acts.

“The Grand Opening of The Streets at SouthGlenn is monumental for not only the area but the shopping center industry. In a time where shopping center openings are delayed indefinitely, we are extremely proud to bring The Streets at SouthGlenn to Centennial and south Denver,” said Don Provost, principal of Alberta Development Partners. “Our vision has always been to bring urban character and charm to an area where people can gather for shopping, dining, entertainment and outdoor community events. We are finally about to bring that vision to a reality.”

The Streets at SouthGlenn is a $310 million, 77 acre infill project where the developers razed the previous 1972 era Southglenn Mall to make way for the new mixed-use center. Comprised of 1.2 million square feet of retail, 140,000 square feet of Silver LEED certified, Class A office space, and 202 luxury apartments, the project combines national retail shops, local boutiques, restaurants, a health club and entertainment options in a completely unique outdoor setting. The Streets at SouthGlenn is also home to the Commons, a classic, urban park, with a grand European fountain, antique brick fireplace, 30 feet tall legacy trees, lush gardens and outdoor cafés.

The entire community is invited to celebrate a weekend full of activities starting Friday at 9:00 a.m. with a ribbon cutting ceremony. Shoppers can enjoy food and entertainment as they experience South Denver’s newest shopping destination. The Streets at SouthGlenn is the newest project to come online from area developer, Alberta Development Partners, LLC. Alberta Development Partners has deep Colorado roots with previous mall openings including Southlands and Cornerstar both in Aurora, CO.

The grand opening of the 1.5 million square foot shopping destination will include an 18,000 square foot Arapahoe Public Library, flagship Whole Foods, Grapes Wine and Liquor, Best Buy, Dick’s Sporting Goods, Bar Louie, Mellow Mushroom, Chrysallis, Kismet, Color Me Mine, The Oven, Salon AKA, 720 Board Shop, Diego Zhang’s, Larry Johnson Gallery, Bouquets and many more. Hollywood Theaters, a 14 screen with reserved seating theater, will open this fall along with more retailers and restaurants and 24 Hour Fitness, a 48,000 square foot Super Sport, will be debuting this winter. The Portola at SouthGlenn, a 202 unit luxury rental community at the location, includes five elegant and contemporary floor plans ranging from 560 SF to 1834 SF.

Located at the crossroads of University Boulevard and Arapahoe Road, The Streets at SouthGlenn, 6851 S. Gaylord Street, is minutes away from C470 and I-25 and is the ideal location to live, work or play.
In addition to the ribbon cutting at 9:00 a.m. on Friday August 28th, festivities for The Streets at SouthGlenn will include in-store promotions, radio remotes, entertainment, giveaways and food for all shoppers, as well as a movie night. On Saturday, August 29th the action continues at 10:00 a.m. and runs through 5:00 p.m. with entertainment and giveaways and a live concert in the park. The grand opening celebration concludes on Sunday, August 30th from 10:00 a.m. until 5:00 p.m. with more food, giveaways and entertainment for everyone!

For more information on The Streets at SouthGlenn and the grand opening festivities along with a complete listing of retailers and restaurants, visit http://www.shopsouthglenn.com or call 303-771-4004.

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Arapahoe County seeking citizens to serve on the Cultural Council

The Arapahoe County Board of County Commissioners has openings on the Cultural Council and is seeking applications from residents who are interested in helping their community. There are two openings for an Aurora representative, one opening for a Centennial representative and one opening for an Englewood, Littleton and Sheridan representative. Qualified applicants must be residents of Arapahoe County and must reside in one of these areas to apply for these positions.
The Cultural Council considers which nonprofit organizations and government entities in the county will receive its share of money from the metro-wide Scientific and Cultural Facilities District sales tax. Note from Andrea: This is the money distributed from the Colorado lottery.
The application deadline is Sept. 4, 2009. Interested residents can apply online. To fill out an online application, visit the County’s web site at http://www.co.arapahoe.co.us and click on online tools. Applications also are available at the Commissioners’ Office in the County Administration Building, 5334 S. Prince St., Fourth Floor, Littleton.
For more information on a particular board or to request an application by mail, call Carol Dosmann at the Commissioners’ Office at 303-795-4531.

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Inside Real Estate News, an insiders blog for Colorado real estate industry professionals 08-24-2009

http://insiderealestatenews.com/

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NEW YORK TIMES ARTICLE 08-24-2009

Index Shows an Improvement in Home Prices
By DAVID STREITFELD
Published: August 25, 2009

House prices continued to improve in June as a modest spring recovery started to strengthen, according to data released Tuesday.
Standard & Poor’s Case-Shiller Home Price Index showed that prices in 20 major cities increased 1.4 percent during the month, nearly triple the rate of growth in May.
“May’s glimmer of stabilization has held up,” said Maureen Maitland, vice president for index services at Standard & Poor’s. She cautioned, however, that “we need a few more months of progress to start talking about a real recovery.”
Housing prices are still down sharply in comparison to last year’s figures. The 20-city composite index is off 15.4 percent. But this too is a marked improvement from its record loss of 19.1 percent last winter. Average home prices are now at the level they were in early 2003.
The Case-Shiller Index is usually reported without any seasonal adjustments. Since home-buying traditionally is strongest in the spring, that prompted criticism last month that the long-awaited improvements were less than they seemed.
On a seasonally adjusted basis, the index was flat in May. With June’s numbers, there is genuine upward movement, with the index rising 0.7 percent. It was the first increase since January 2006.
Michael T. Darda, chief economist of MKM Partners, called the June report “highly encouraging.”
“The interaction between falling home prices with high household debt loads was the trigger point for the 2007-2008 financial crisis, resulting in both the longest and deepest recession in postwar history,” he wrote in a research note. “Now, though, it would appear that the tide is turning.”
Eighteen of the cities in the index improved in the month. Cleveland rose 4.2 percent from May, Minneapolis was up 3.1 percent and San Diego was up 1.6 percent.
The two cities that declined were Detroit and Las Vegas, among the most economically troubled places in the country. Las Vegas prices are now down 54.3 percent from its peak. Detroit has fallen 45.3 percent.
On a seasonally adjusted basis, the improvement in June was less dramatic but nevertheless real. Fifteen cities saw prices increases, and five saw declines.
“Now that we’re moving out of the seasonal buying period, the question becomes: Is this going to hold up?” Ms. Maitland said.
There is some evidence that the answer is no.
Prices were pushed down last year by an abundance of cheap foreclosures. This spring, fewer foreclosures have prompted bidding wars that have lifted their prices. But with unemployment nearing 10 percent, there are probably many more foreclosures to come.
Some firming in the market is also coming from the rush to buy in advance of the December expiration of an $8,000 first-time buyers’ tax credit.
In addition to helping prices, these factors are also spurring sales. The National Association of Realtors reported last week that existing home sales in July rose for the fourth consecutive month for the first time since 2004. July sales were 5 percent above the pace in July 2008, the first year-over-year gain since the market peaked in November 2005.

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Real Estate Weekly: Foreclosures are a road block to housing recovery

Real Estate Weekly: Foreclosures are a road block to housing recovery

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Global Real Estate: Boom to Bust to…?

Global Real Estate: Boom to Bust to…?

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