Delinquent Utilities and the REO Buyer

July 18th, 2009

DELINQUENT UTILITIES AND THE REO BUYER

If you are a buyer of REO property here in Sacramento, you should know about an interesting “quirk” in our utility and tax billings that could cost a buyer time, money and aggravation.

When homeowners are losing their property to foreclosure many of them stop paying their utility bills.  The water, sewer & garbage portion of these utilities are billed by the City or County of Sacramento and they have a unique process to insure payment for delinquencies.  This method has caused many REO buyers to deal with utility liens/billings after close of escrow.

Here is a summary version of the process.   If there are delinquent amounts on the property by mid summer the utility companies ”roll” the delinquent amounts over to the property taxes.     The tax assessor will add this amount to the next years tax bill and it will appear on the annual property tax bill as a utility lien.   If the lien was for $600.00 then the tax bill is increased the same amount.  For example if the property tax bill would normally be $2000, it would now show as $2600.   

Back at the utility department, the account is now considered in current status as the collection of the delinquency has been assured.  If you call the utility departments – they will tell you it is paid current.   The Escrow industry in our area is very familiar with this issue and they will ask “have you rolled any amounts over to the taxes”.    They also make a written inquiry.

The challenge for the REO buyer is understanding the time gap between Mid summer and when the property tax bill is actually issued (October).  Additional to be on the alert for escrows that are being processed out of our area.  Those title/escrow companies could not possibly be well versed enough in the “quirks” of every county in California.   This is the danger zone for REO utility liens.

Knowledgeable agents are very familiar with this and we make sure to doublecheck with the our local water/sewer/garbage bills for liens.  Particularly, when we know the lien will appear on the taxes we notify the escrow officer to verify a credit will appear from the REO lender to the buyer for that inflated amount.

The reason this is critical is the language commonly found in addendums used by REO sellers::

Examples:

… Buyer acknowledges that the preliminary title report may not contain every item affecting title… Seller shall have no obligation to cure or remove any item… which the buyer disapproves.

… all pro rations …including utilities…as reflected on the settlement statement are final… no adjustments or payments will be made by the seller after closing.  Tax pro-rations shall be based on the last ascertainable actual tax bill.

… Assessments now a lien shall be paid current by the seller, any payments not yet due are to be assumed by Buyer. 

At the end of the day, it is all about the discovery.  A couple of phone calls will usually identify the issue.  Since utility bills average $70-$100 per month, this could represent a substantial bill if left to the tax bill.   

 Cathy McAlister

June 20th, 2009

June 18, 2009 Page 1 of 5

C.A.R. Mortgage Update

This week’s C.A.R. Mortgage Update contains information about first-time home buyer tax credits, rising

mortgage rates, conforming loan limits, second mortgages and home equity lines of credit, and mortgage

insurers.

California running out of $10,000 tax credits

First-time home buyers wanting to take advantage of the state’s $10,000 tax credit may have less time than

originally expected. California set aside $100 million to help home buyers purchase newly built homes,

hoping to jump start the residential-construction market. According to state officials, the tactic has worked

well and is helping to entice home buyers into the market. However, there only is approximately 20 percent

of the program’s funding remaining.

The program launched in March, and as of June 3 nearly $24 million in tax credit certificates already had

been issued, according to the state’s Franchise Tax Board, leaving nearly $76 million in credit available.

Many applications still are in the pipeline awaiting approval. If all of the submitted applications are

approved, only $17.5 million would remain in the fund.

The California state legislature is considering adding another $200 million to the program. However,

securing approval may be difficult due to the state’s estimated $24 billion budget deficit. A bill to extend the

program already has won Assembly approval and now is awaiting activity in the state Senate.

To read the full story, please click here:

http://money.cnn.com/2009/06/12/real_estate/10000_California_tax_credit/index.htm?postversion=2009061

215

To view additional articles, please visit the following:

Spike in mortgage rates slows refinancing in Silicon Valley

To read the full story, please click here:

http://www.mercurynews.com/topstories/ci_12573064

Lenders’ phones silent as rates rise

To read the full story, please click here:

http://www.sacbee.com/business/story/1940229.html

A tale of two markets divided by the conforming-loan limit

To read the full story, please click here:

http://www.latimes.com/classified/realestate/news/la-fi-lew14-2009jun14,0,4908426.story

Second mortgages: Lines of danger?

To read the full story, please click here:

http://www.ocregister.com/articles/foreclosure-little-lacour-2462009-foreclosures-housing

Mortgage insurers to the rescue?

To read the full story, please click here:

http://online.wsj.com/article/SB124482038723610165.html#

June 18, 2009 Page 2 of 5

The Wall Street Journal

Tips for selling your home to a first-time buyer

Favorable home prices, low mortgage rates, and tax credits are luring many first-timers into the market.

Although favorably priced foreclosures and short sales may be the most appealing option to first-time

buyers, traditional sellers also are able to compete and attract these buyers.

KEEP THIS IN MIND

  • • One advantage traditional sellers have is that lived-in, well-maintained homes are easier for buyers

to imagine themselves living in compared with vacant foreclosed homes. Lived-in homes have

great appeal to first-timers for practical and financial reasons.

  • • A survey conducted last year found that 81 percent of first-time buyers said move-in conditions

were very important, while only 7 percent reported they were looking to purchase fixer-uppers.

  • • Lived-in homes offer warmth and emotion, a sentiment that some agents say can go a long way in

selling a property. Additionally, these properties likely have well-maintained lawns and

landscaping, as opposed to vacant, foreclosed homes, often which have dead or overgrown lawns.

  • • Extra touches like a fresh coat of paint, decluttering, and the removal of unpleasant odors will help

to make a good first impression with buyers.

  • • Offering to help pay closing costs or buy down a mortgage rate also can help traditional sellers

compete in today’s market. These may be enticing options to buyers, especially those who plan to

live in the home for more than a few years.

  • • To help buyers more easily transition into homeownership, sellers may want to consider offering a

home warranty that covers major systems in case problems arise after the sale closes.

  • • Most buyers know that home prices have declined in many markets, so they’re being more

aggressive in their offers. Sellers are advised not to quickly write off low-ball offers. As one agent

advises, every offer deserves a counteroffer to get the conversation started.

To read the full story, please click here:

http://online.wsj.com/article/SB124510978756816993.html

June 18, 2009 Page 3 of 5

In Other News…

Press Enterprise

Inland housing defaults, repos drop in May, though experts say conditions still dire

To read the full story, please click here:

http://www.pe.com/business/local/stories/PE_Biz_S_foreclosure11.4559e2d.html

Los Angeles Times

Don’t reduce your property insurance coverage to reflect lower home values

To read the full story, please click here:

http://www.latimes.com/classified/realestate/news/la-fi-lew7-2009jun07,0,3514957.story

The Mercury News

Neighbors are forcing neighbors into foreclosure

To read the full story, please click here:

http://www.mercurynews.com/realestatenews/ci_12580945

Los Angeles Times

Median home prices drop below 1989 levels in some parts of Southland

To read the full story, please click here:

http://www.latimes.com/business/la-fi-cheaphomes10-2009jun10,0,4802553.story

June 18, 2009 Page 4 of 5

The Sacramento Bee

Use of short sales on rise in Sacramento housing market

To read the full story, please click here:

http://www.sacbee.com/business/story/1933643.html

The New York Times

Beware of neighbor’s home foreclosure

To read the full story, please click here:

http://www.nytimes.com/2009/06/14/realestate/mortgages/14mort.html?_r=1&ref=realestate

June 18, 2009 Page 5 of 5

What you should know about the market…

  • • Parents searching for homes in quality school districts should considering visiting

www.schoolmatters.com. This site is a service of Standard& Poor’s and allows users to find and

compare schools, while also providing statistics that illustrate students’ achievement levels in each

school. The database on the site also offers information on extracurricular activities and provides

ratings and reviews directly from parents.

  • • A common mistake first-time home buyers make is focusing solely on the monthly mortgage

payment and not taking other homeownership costs into consideration. Many renters do not pay

for water, and in some cases may not pay for either heat or electricity. To ensure that all costs are

taken into consideration and that the home is truly affordable, buyers are advised to ask the seller

for recent copies of water, electric, and gas bills.

Correction: Due to an editing error, the June 11 issue of C.A.R.’s “Market Matters” incorrectly stated that

consumers wanting to check an appraiser’s name and license number should contact the California Dept. of

Insurance. The correct agency is the California Office of Real Estate Appraisers. Consumers and/or

mortgage brokers and agents can visit http://www.orea.ca.gov/html/lic_appraisers.asp to check an

appraiser’s license.

Where to get information about Short Sales

June 20th, 2009

I have a site that goes into this in detail.  Go to http://www.shortsalehelponline.net and/or give me a call if you have any questions.  (916) 488-0553 or (530) 644-0553.