Mortgage rates have been remarkably steady in the lat few weeks. The Obama administration successfully adopted a policy of driving mortgage rates down and keeping them there. Observers believe that the Treasury and Federal Reserve are keeping rates in a narrow range by buying mortgage-backed securities whenever rates threaten to rise.
The decision to finance first-time homebuyers’ down payments with tax dollars was a highlight of a week that saw little change in mortgage rates. Under the plan announced Tuesday by Housing Secretary Shaun Donovan, buyers can get a piggyback mortgage or an unsecured bridge loan for the amount of the tax credit when they get a Federal Housing Administration-insured mortgage. The piggyback or bridge loan can take the place of a down payment.
Typically, borrowers will be expected to pay off the piggyback or bridge loans when they claim the tax credit on their 2009 returns next year or their amended 2008 returns this year. To claim the tax credit, buyers have to buy by the end of 2009.
By using tax credits as down payments, buyers won’t have to put some of their skin in the game by shelling out their saved-up cash to make down payments. It’s ironic that the FHA is allowing this because less than a year ago it banned a similar practice.
For years, the FHA grudgingly allowed down payment assistance programs, or DPAs, to operate. DPAs were a mechanism by which home sellers could indirectly fund buyers’ down payments. A seller isn’t allowed to supply the buyer’s down payment money. But DPAs exploited a loophole that allowed charitable organizations to make down payments for needy buyers. The DPAs accepted “charitable contributions” from sellers (plus administrative fees), then gave equivalent “donations” to the buyers to cover their down payments.
The Realtors say they will push this year to extend the $8,000 tax credit to all home buyers at all income levels, and not just to first-time buyers with modest incomes.
Many Arizona real-estate executives and analysts follow Scottsdale-based DMB Inc. to see where the market is headed. The developer’s moves have become leading indicators for trends in developing communities and mixed-used projects. more…
In an attempt to loosen credit in the commercial real estate industry, the Federal Reserve announced that commercial mortgage-backed securities can be used to collateralize loans through a Fed program beginning in June.
The Fed’s Term Asset-Backed Securities Loan Facility is one of two major financial bailout programs created by the George W. Bush administration. It originally was meant to unfreeze the credit market for credit cards, student loans and car loans. Now, it has been expanded to include CMBS.
According to a statement released May 1 by the Federal Reserve, “The inclusion of CMBS as eligible collateral for TALF loans will prevent defaults on economically viable commercial properties, increase the capacity of current holders of maturing mortgages to make additional loans, and facilitate the sale of distressed properties.”
Nearly 70 percent of the commercial real estate loans issued in 2007 originated through CMBS facilities, but a question weighing on local real estate and finance specialists is whether the extension of TALF loans will jump-start projects in the Valley.
While many are hoping for the best, others believe the majority of distressed commercial real estate properties are overleveraged at prices that now far exceed current values. In that case, they will not qualify as “economically viable commercial properties.”
Another major concern is whether this first expansion of TALF could be extended to older loans.
Here’s a look at the divergence of opinions as to the impact of this change on the local commercial real estate community:
“The fact that there is any potential debt being made available at all is a good thing, because the credit markets are not very cooperative. I had heard that TALF may only apply to very recent-vintage CMBS, which is not the bulk of the originations.”
Chris Toci
Executive director Cushman & Wakefield of Arizona Inc.
“There were 250 multifamily sales (properties with 100-plus units) in 2006, compared with 150 in 2007 and 17 in 2008. TALF can only be good for the real estate industry. We are rooting for everybody to transact. Credit availability has to be increased for all of us to succeed in the near future.”
Bobby Bull
Managing director of investment sales
“For the refinancing of commercial construction loans that have nowhere to go, TALF could now help loosen up some badly needed capital. … It will be a number of weeks before we really can assess the specific impact to commercial real estate in the Valley, but we should have some real examples by then. Fingers are crossed that this will help in a meaningful way.”
Tim Lawless
President,
“More details from the Fed are needed before anyone gets too excited, but this hopefully signals the reawakening of the CMBS market, albeit with different terms than before.”
Craig Henig
Senior managing director
“None whatsoever. It’s only applicable to new CMBS five-year deals.”
Ed Zito
Executive vice president
“We are following the information, but there is very little out about the rules for TALF, how the funds will be distributed and who will qualify. I’m hopeful it will have a positive impact, but many of the properties in trouble are overleveraged. TALF might open up funding for investors with cash, allowing them to leverage their funds.”
Terry Martin-Denning
Vice president and chief operating officer
What are Valley home-building executives doing these days while they wait for the economy to perk up and new homes to be in demand once again?
Some are studying data and asking themselves questions such as: Where did we go wrong? How can we learn from this? When will the market change?
Some of them, including
The report was published this spring by Frank Owens, a Scottsdale-based executive recruiter who has specialized in the home-building industry for 25 years. He still handles executive staffing, but the economy and personal interests added focus.
“I enjoy data, and you’ve got to know your business well to talk intelligently about what is happening,” said Owens, who started compiling various housing reports three years ago. “I put it on my (Web) site, and the builders just loved the information.”
That led him to examine historical trends of building permits issued, particularly in the < ?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />
He wanted to trace data back to 1960 for multiple markets across the country. That necessitated spending many hours last summer at the
“It was an enormous job. The Census (Bureau) would change format and tables, but the people at ASU were fabulous,” Owens said. “To my knowledge, this information hasn’t been compiled in one document anywhere.”
Hilton concurred.
“There are people who provide some of that data, but no one has it to the degree of completeness that Frank has done it over such a long period,” he said.
With all of the information he gleaned by the end of 2008, Owens published the data into four
The report will be updated yearly, probably by the end of January, when Owens gets the data from the Census Bureau.
“What is cool is when we have the 2009 figures, that will represent 50 years of permits,” he said.
While The Frank Report is driven largely by trends in building permits, other local research firms provide an amalgam of housing-related data.
One of the longest-operating local housing data firms is RL Brown Housing Reports, which has been churning out reports since the mid-1980s. It focuses on monthly analysis and year-to-year comparisons of new home closings, permitting and resales in the
A more recent entry into the housing data industry is
“We spend time with builder representatives, developers, lenders, appraisers and auditors in an effort to understand the markets more thoroughly,” he said.
Owens said he will continue to use The Frank Report as a tool to augment his executive search capabilities. He feels that since he provides data from across the country, Valley home builders can get a leg up on the national scene. So far, he has not had to advertise his product to get sales.
So, what are some things Owens discovered from his research?
• Not since the 1960s have all
• Migration patterns from the Northeast and
•
• The
Housing Data
Housing statistics and trends are compiled by several consulting firms and Arizona State University, including:
The Frank Report: www.frankowensltd.com
RL Brown Housing Reports: www.rlbrownreports.com
Foresight Realty Advisors: www.foresightrealtyadvisors.com
Belfiore Real Estate Consulting: www.belfioreconsulting.com
The Information Market: www.theinformationmarket.com
ASU Realty Studies: www.poly.asu.edu/realty
Three high-profile golf properties in the
Snell & Wilmer LLP attorney Craig Williams is the trustee handling
“There could be 10 to 20 golf courses on the edge. The number of rounds is declining. Revenues are down, but expenses don’t go down,” Williams said.
The
Williams said negotiations are continuing between the parties to resolve the future of the private golf course, which is surrounded by million-dollar homes. Many, but not all private courses are owned and operated by a homeowners association.
Home buyers in golf communities need to know what their rights are if a neighboring golf club ends up in foreclosure, he added.
Williams, who represents Deere Credit in the
“A golf course needs to have a receiver appointed — someone who can be there on a day-to-day basis to keep the course in good condition. This is very high-touch, specialized stuff,” Williams said.
Jeff Woolson, senior vice president of golf and resort properties for CB Richard Ellis, said he expects to see more golf properties headed for auction.
“Half of the listings we have right now are foreclosures. Golf properties are in trouble all over the country,” Woolson said.
To compound problems, the three companies best-known for writing loans on golf courses — General Electric Co., Textron Inc. and Capmark Financial Group — have stopped doing so.
“Local banks aren’t lending even if it is a good, healthy club. We’re down to seller financing,” Woolson said.
Although he’s seen a lot of problems with golf courses, especially those in master-planned communities on the fringes of metropolitan areas, the foreclosure involving the Wigwam and Biltmore courses raised his eyebrows.
“I’m a little shocked,” Woolson said.
In the case of the Biltmore courses, used by many guests of the Arizona Biltmore, Woolson suggested it would be a good idea for the hotelier to buy them.
Hilton Hotels, owner of the Biltmore, would not comment on the foreclosures.
The historic Wigwam is owned by Kabuto, though it has been operated by Starwood Hotels and Resorts. The operating agreement will expire May 31 and will not be renewed, a Starwood spokesperson said.
Robyn Nordin Stowell, an attorney with
“It’s a very unique property, and the community is dependent on it,” Stowell said. “At the right price, I can see someone operate it at least partially as a historic property and still have a viable strategy to repurpose part of it.”
Williams agreed that someone who could line up financing would benefit from distressed golf course purchases.
“It will be a tremendous opportunity for somebody to acquire these assets at a very reduced price and reposition them. It’s going to happen, but maybe not this year yet,” he said.
Get Connected
Snell & Wilmer LLP: www.swlaw.com
CB Richard Ellis: www.cbre.com
Holme Roberts & Owen LLP: www.hro.com
As concerns intensify over government intervention and bad publicity, some Arizona banks are rejecting federal funds just months after applying for them.
West Valley Bancorp.,
At the urging of regulators, WVB filed the rather simple two-page funding application in November, with the goal of expanding its Small Business Administration program or acquiring another bank.
“Over the course of the last few months, we have become more and more concerned about the expansion of government into the free markets,” said Candace Wiest, president and CEO of
“If you ask the bankers who accepted the funds in the first few rounds, most of them will tell you the rules change frequently,” she said.
WVB turned down about $800,000.
In late February,
In November, Tulsa, Okla.-based BOK Financial became one of the largest commercial banks in the country to decline TARP funds.
Federal regulators told bank officials their application would be viewed favorably and invited them to participate in the program.
“Our company took a hard look at the opportunity, but ultimately determined the additional funds were unnecessary, since our current capital levels are well above the government requirements,” said Dave Ralston, chairman and CEO of Bank of Arizona, a BOK subsidiary.
Many bankers are not happy with TARP, viewing it as a necessary evil –– which may be why small, healthy banks are shunning the program after initially applying for funds.
“The tax increases needed to fund these bailouts are going to impact a large majority of working Americans. Many of them feel the banks caused this mess,” said Wiest, who also serves as a director of the Federal Reserve Bank of
She believes Wall Street firms caused the financial meltdown, and she said the government should regulate these “too big to fail” institutions the same way commercial banks are regulated.
“Once a business is called too big to fail, the people who run such businesses begin to believe they can do anything with any risk, and they will be saved,” Wiest said. “Plus, any time the government is in the business of picking winners and losers, it is a bad idea.”
Get Connected
West Valley National Bank: www.wvnb.com
BOK Financial Corp: www.bokf.com
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