Saturday, November 15, 2008

C.A.R. November 2008 Forms Update

The California Association of REALTORS issued four new forms this week.

  • DBD - Data Base Disclosure (Megan's Law)

  • DLT - Declaration Regarding Real Estate License and Tax Reporting

  • BIE - Buyer’s Inspection Elections

  • SWPI - Septic Insp., Well Insp., Prop. Monument and Allocation of Cost Add
Click here for more information on these forms.

Click here for the current list of forms in the C.A.R. library.

WINForms Desktop users will need to connect to the internet to download the latest forms update to add these forms to their library. Click here for a video demonstration.

WINForms Online users do not need to download forms updates because they are always using the latest forms directly from the internet.

Thanks for reading!

Frank Jewett

Wednesday, November 5, 2008

News: Frank Jewett wins election!

Frank Jewett won re-election to the West Valley-Mission Community College District governing board, beating out the third place finisher by a scant 80 votes. Over the past few days I have received several calls from friends and associates to let me know that they had voted for me. Actually they voted for another fellow named Frank Jewett, who, like me, is a business consultant here in Santa Clara County. I'm relieved that I wasn't a drag on the ticket.

Congratulations, Frank!

For the people frantically emailing "red state/blue state" nonsense in the wake of the election, here are two quotes that everyone should take to heart, particularly right now.

"There are no red states. There are no blue states. There is only the United States." - Barack Obama

"A house divided against itself cannot stand." - Abraham Lincoln

Thanks for reading!

Frank H. Jewett, IV

Thursday, October 9, 2008

Industry: The 4% Solution

There is no simple solution to the current economic crisis. There is no dollar amount, even $700 BILLION, that can fix the problems we face. Our economy has been bleeding skilled and unskilled jobs for decades, but we haven't adjusted. In fact, we've actually spent more while making less.

The dot-com bubble temporarily masked the decline by creating an economic rush at the expense of the accumulated wealth in baby boomer retirement accounts. When that bubble burst, Alan Greenspan was there with cheap money methadone to relieve our pain, but he left us on the low interest rate drip so long that a housing bubble formed. That bubble resulted in speculation and fraud, but it also masked the weakness in the economy by providing TRILLIONS of dollars in extra income through the home equity ATM. Stopping the foreclosures won't replace that spending power. In the absence of another bubble, we'll be left to suddenly adjust to the reality of a service economy without the cushion of baby boomers spending their pensions on those services. It's going to be a struggle, regardless of what happens to banks.

There are reasonable things we can do to try to minimize the damage. One aspect of the current "crisis" is that banks don't want to loan money. Another aspect of the crisis is that mortgage defaults drive down home values which triggers more defaults. Setting aside the crocodile tears in Washington over families losing their homes (politicians stuff self serving verbiage into each bill which they can use as a campaign talking point, yet no one gets rescued), this is a very real problem because it is driving the acceleration of this implosion. If prices fall far enough, people with strong incomes and good credit will default on principle. It doesn't make sense to pay a premium on an upside down mortgage, especially when Wall Street executives are walking away from their obligations with hundreds of millions of dollars in their offshore accounts.

If we could stop home values from plummeting, we could slow the rate of defaults. It's likely that collateral damage to the economy due to layoffs or business losses will trigger additional defaults for some time to come, but we could offer hope to those people who could still afford to make some sort of mortgage payment and create a bottom to stem the velocity of the implosion. One way to do that would be to have the Fed take over all residential home loans.

Currently the government loans money to banks cheaply so that the banks can make a profit by turning around and loaning the money to us at a higher rate. The problem is that banks don't want to lend money any more, though given the poor choices they made in the past, the problem could have a silver lining. We could solve the home ownership lending crunch and make real progress toward keeping families in their homes (instead of just talking about it) by having the fed offer to refinance any residential loan at 4%. At that rate, the Fed would get a higher return than they are getting now, but homeowners would get a lower monthly payment or they could afford a higher total price. This would partially reinflate the bubble while giving people a legitimate shot at saving their home. If you can't make payments at 4%, you don't deserve to stay in that home. Buy something you can afford at 4%.

Any plan has to account for human nature. I know many couples who only used one name on their deed so that they could abuse first time homebuyer incentives to pick up a second property. We might as well plan for this practice up front by creating a simple rule: One loan per social security number. Couples can apply for two mortgages, one on their own home and one on another home. No questions asked. This increases the risk of speculative bubbles slightly, but it pales in comparison to common stories about investors taking out "owner occupied" mortgages on a half dozen different properties during the recent boom. What about responsible people who own their homes free and clear? Well, they're welcome to use their 4% loan to buy a second property or they can take out a home equity line of credit at 4%. This solution is pretty fair to everyone who has income.

Demand for housing would increase immediately. Who doesn't want to borrow money for housing at 4%? Prices probably wouldn't increase to bubble levels because those levels were supported by unconscionable "teaser" rates that should be eliminated forever. Prices would stop falling however, and the bubble would probably refill enough to discourage people from abandoning their mortgages as long as they can still afford to make the payments on a 4% loan.

Socialism? We've crossed that bridge. We're already a socialist country, so before we start taking equity positions in all of our financial institutions, we should sit down and think about how to implement socialism properly. We could go beyond the 4% rule and simply garnish 25% of gross income to be placed into a personal mortgage fund. The only way to spend the money would be to take out a 4% loan from the Fed on real property. If you can't afford a home today, the Fed will start saving your down payment for you, though given the Fed's unique ability to collect, a Fed loan wouldn't require a large down payment anyway.

Find something you can afford and buy it at 4%. Does that sound like a bad plan?

Thanks for reading!

Frank Jewett

Tuesday, October 7, 2008

Industry: Walking the Wall Street Midway

The Dow Jones dropped another 500 points today, disappointing those who thought the 10,000 range would be the mythical "bottom" of Wall Street's plunge. A few days ago, President Bush argued for the $700 Billion bailout by pointing out that stocks had lost a trillion dollars the day before. It might have been the stupidest thing Bush ever said, and that claim covers a lot of territory.

You recognize losses when you sell something for less than you paid for it, or when something you paid for becomes worthless. Take a lottery ticket, for example. You buy it for $1, but it has no actual value unless you win. If I tell you a ticket is worth $1000, does that make it worth $1000? Of course not. Shares of stock can be similarly oversold. Their price is not a measure of actual worth.

The stock market is self-correcting. If shares fall too low, either a competitor will purchase the shares to purchase the company or the company will buy back it's own shares to retain more profit for the remaining shareholders. The fact that neither process has halted this slide indicates that companies believe their shares were and still are overvalued. They are voting with their capital.

What is the true value of the stock market, given the economic outlook? It could be 9,000 or 7,000 or even 5,000. We'll know we're nearing the bottom when corporate executives, who have access to better information than most investors, start agressively buying back shares because they feel those shares are a good investment. Everything else is just carnies, shills, and gamblers making noise.

Thanks for reading!

Frank Jewett

Friday, October 3, 2008

Industry: Wachovia Commits Corporate Bigamy

Earlier this week, Wachovia sold itself to Citigroup to avoid being seized by the FDIC. In a pre-bailout market, Wachovia was so unattractive that Citigroup agreed to absorb up to $42 BILLION in losses on the condition that the FDIC would cover any additional losses. Essentially the FDIC cut a deal with Citigroup so that they could avoid declaring that Wachovia had failed.

What a difference a bailout makes.

Today, Wachovia announced that it was selling itself to Wells Fargo Bank in an all-stock deal with no participation by the FDIC. Apparently the likelihood of a bailout makes Wachovia attractive enough that taxpayers are no longer required to offer a dowry.

Citigroup executives are understandably upset and being adults, they have signed contracts which prohibit Wachovia from seeking another suitor. Whether Wachovia executives are adults remains to be seen. They've certainly embarrassed themselves here. Taxpayers might be tempted to root for the Wells Fargo deal because it gets them "off the hook" for losses over $42 billion, but that offer is only being made with the expectation that taxpayers will be on the hook for a larger bailout.

Either way, Wachovia will be sold to someone, but this raises bigger questions. Why we are handing $700 billion to the people involved in this fiasco? I believe there is a crisis, but I don't believe giving money to these bozos will solve that crisis. Unfortunately the bailout bill has now been filled with pork provisions designed to make it more desirable to candidates (they never lead, they simply keep on running), so it will probably pass.

Thanks for reading!

Frank Jewett

Thursday, October 2, 2008

Strategy: Shop Around

The other day, an agent complained to me that the business has changed. Years ago, people would hire him because they were referred to him by friend. Now instead of simply hiring him, referrals were inviting him to be one of several agents they interviewed before deciding who to hire.

Real estate coaches are split on the best strategy for winning the listing when you are invited to be one of several candidates. Some suggest going first so that you can get the prospect to sign before they see your competition, while others suggest going last to eliminate that objection.

If a prospect called and invited you to interview, what would you say? I'd tell the prospect that he or she had made a wise decision to interview several candidates. I would also warn the prospect that some of my competitors might try to convince the prospect to sign before hearing everyone.

Of course you can't warn propects that other agents might try to hustle them if you are planning to try to hustle them yourself, so you really need to decide where you stand. Do you want to be one of the hustlers or do you want to sell against that approach? You can't have it both ways.

There is no point in bemoaning competition. There are over 10,000 REALTORS in Santa Clara County, so consider yourself lucky if you're invited to interview. I wouldn't care if I interviewed first, last, or middle, provided I got a chance, so I would sell against high pressure hustlers.

Thanks for reading!

Frank Jewett

Monday, September 29, 2008

Industry: Dow Plunges 770 Points As Bailout Rejected

Congress finally acted in bipartisan fashion, with 40% of Democrats and over 60% of Republicans teaming up to kill the $700 Billion Bush/Paulson/Frank Bailout of Doom. The stock market, which has been in denial for years, dropped 770 points when the punters discovered the administration wasn't going to cover Wall Street's bad bets.

The good news is that we still have $700 Billion to spend on a solution, rather than handing it to Paulson so that he can buy time for the Bush Administration to slink out of Washington. Paulson's record has been one of total dishonesty and utter failure, though I suspect he tells himself that the public can't handle the truth.

It's past time to shop for Paulson's replacement. The public respects Warren Buffet because he's ultra rich, but Buffet, like the rest of the punters, just lost big by betting on corporate welfare. Buffet is a creature of the markets and therefore is disqualified from fixing them because he would try to restore the status quo.

We need new ideas and we need to demand specifics. Take for example the notion floated by Congressional Democrats that the bailout should allow the government to buy loans and then renegotiate terms to allow families to avoid foreclosure. How would that work, exactly? Did they have a plan, beyond campaign talking points?

Lets look at two hypothetical families. The Smith family bought a modest home for $500,000 using a fixed interest loan at 6.5%. The Jones family bought an opulent home for $800,000 using a loan with negative amortization. Without drowning in the numbers, let's stipulate that both families can afford exactly the same payment.

Based on the talking points of the Democrats, the government would rescue the Jones family from their untenable mortgage and refinance them at a payment they could afford, which might mean an effective interest rate of 4%. Can the Smith family also refinance at 4%, or do they get punished for buying a home they could afford?

That deafening silence you hear is Barney Frank, Christopher Dodd, and the rest of the Democrats ignoring one of the most obvious questions raised by their proposals.

It's time to hold Washington accountable for more than soundbytes. Maybe refinancing the Jones family at 4% is the best possible solution, but if that's true, the government (not banks) should offer to refinance every homeowner at 4%. If you can't cover your mortgage at 4%, you probably deserve to lose your home.

Let's go back to the drawing board and develop a solution that's fair to everyone rather than looking for ways to bail out Wall Street, irresponsible lenders, and irresponsible borrowers. If we're going to become socialists, let's do it right!

Thanks for reading!

Frank Jewett