Tuesday, December 18, 2007

The Mortgage Industry’s Dirty Little Secret – Private Mortgage Insurance

October 24, 2007 – Palm Coast, FL – Private Mortgage Insurance (PMI) has long been touted as a benefit that allows borrowers to purchase property with less than a 20% down. But who is the real beneficiary of PMI? We are all told that PMI is insurance that pays the lender if we default on our mortgage. While true, this does not tell the whole story. There is a lot that we are not told.



If PMI is a condition of a mortgage, here is what the lender must disclose:

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As part of a “good faith” estimate of closing costs, the lender must provide an estimate of the PMI premium.
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At closing and annually thereafter, the lender must notify the borrower of available cancellation options. In most cases, PMI may be cancelled when the mortgage is paid down to 80% of the lower of the selling price or the original appraised value. It will usually be cancelled automatically when the amortization of the loan takes the mortgage balance down to 78%.

Among the things most people do not know:

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The borrower is not a party to the mortgage insurance policy. The lender does not have to disclose either the name of the insurer or the amount of the insurance purchased. Yet the buyer typically is responsible for the premiums.
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Lenders can purchase protection for up to 30% of the mortgage amount without disclosing to the buyer any more than the premium. For example, you buy a $200,000 home with a 10% down payment of $20,000, financing the balance with an $180,000 mortgage. The lender can protect up to 30%, or a total of $54,000, with mortgage insurance with the buyer paying the premium.
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The PMI insurer can pay anyone along the transaction line for services rendered that either reduce the risk of the loan or reduce the insurance company’s expenses. This implies that they can pay commissions to the lender. Understand that it comes out of your pocket.
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The monthly premium for most PMI is fixed. In other words, as the balance of the mortgage declines, presumably along with the risk to the lender, the borrower continues to pay the same premium based on the risk assessment at the time the loan was originated.
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While many lenders will consider allowing the buyer to cancel PMI when the value of the property rises so that the 80% loan to value ratio is achieved, they are under no obligation to do so. In my experience, the lender required that I pay for an appraisal done by an appraisal company selected by the lender. Also, the borrower must usually provide proof there is no second mortgage on the property.
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The lender can purchase PMI, for which they pay the premiums, without notifying the borrower. Funds for these premiums may come indirectly from the borrower in points or increased interest.

PMI premiums are not insignificant. I looked at a loan statement for one of my recent investment properties. On a loan of approximately $200,000, the monthly principal and interest payment was $1,124.93. The monthly PMI was $163.53, or 15% of the P&I. Yet I never knew how much insurance this was buying or from whom. Had I carried this property the 10 or so years requried to reduce the mortgage balance to 78% of the purchase price, I would have paid over $19,000 in PMI premiums (nearly 10% of the original loan amount).



In the many recent articles on the subject, borrowers are urged to contact their lenders immediately when they run into financial trouble or feel they will be unable to keep their mortgage payments current. They stress that working out an arrangement with your lender is far better than going through foreclosure. Even if foreclosure is inevitable, industry sages recommend working with the lender to facilitate a “short sale,” where the selling price is less than the mortgage amount, thus avoiding the stigma of a foreclosure.



Do you think the fact that the lender is protected with a PMI policy will make them more or less likely to work with the borrower? Why would they offer the buyer extended or more favorable terms or allow a short sale when they need only foreclose to collect their insurance? Isn’t it ironic? You could have paid thousands for coverage that helped pit your lender against your best interests. “A banker is someone who will loan you an umbrella, but who wants it back when it rains,” said my father.

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source: gotoby.com

Bankrupt Levitt and Sons' Major Creditors Get Properties Back

November 29, 2007 – Palm Coast, FL – From post WWII Levittown in Long Island, NY to Chapter 11 in FL on November 9th, some 60 years later, Levitt and Sons built over 200,000 homes. All projects were halted in October. Moving proceedings forward, the bankruptcy judge gave permission for Levitt and Sons to abandon more than 1000 unfinished lots in The Seasons at Tradition, an upscale “active-adult” community they were developing in southeast Florida. Levitt and Sons will also be allowed to abandon over 3000 lots across the rest of Florida, some in Flagler County. The move allows two of Levitt and Sons largest creditors, Bank of America and Key Bank, to foreclose on the properties.



Levitt filed to abandon about 2,800 unsold lots in St. John’s and Manatee counties as well as in South Carolina and Georgia that are secured by loans from Wachovia Bank. If the two parties are unable to reach a new financing agreement by a scheduled December 19 hearing, Levitt will seek court permission to abandon the lots.



Levitt and Sons owes Key Bank $96.5 million and Bank of America $103.9 million. Other major creditors include Wachovia Bank ($112.5 million), Regions Bank ($24.7 million) and AmTrust.



In The Seasons at Tradition, those who already own homes are faced with unmanned security gates and unbuilt amenities. Those with unfinished homes face the reality that their contract deposits are in jeopardy. Several contractors were also left hanging. The Seasons is one of eight communities within the 8,200 acre Tradition development.



On a positive note, Levitt and Sons parent company, Levitt Corp. has released a statement announcing the establishment of a fund “to provide assistance to employees of Levitt and Sons who were or will be adversely impacted by the Chapter 11 filing. The new fund will pay the separation pay of Levitt and Sons’ former employees that Levitt and Sons is unable to pay due to limitations mandated by the U.S. Bankruptcy Code. These funds will track the Levitt and Sons pre-bankruptcy separation policies and practices, including pre-bankruptcy medical benefit claims under the Levitt and Sons’ health plan.”

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source: gotoby.com

Tidelands Condo Owners Seeking Support for Lawsuit against Centex

November 30, 2007 – Palm Coast, FL – Two parties who jointly own one of the condominiums in the Centex developed Tidelands are pursuing legal options. After receiving advice from two attorneys, they contacted other Tidelands property owners by letter to gain additional support. They hope to assemble a group to share expected legal costs.



Early this week, I was contacted by one of the individuals. He explained that their attorneys are optimistic that their claim has validity. Letters were sent to other Tidelands property owners to gain participation and financial support for their effort. If enough parties join them, they gain strength in numbers as well as spread the attorney’s retainer and future fees among participants. I was provided with a copy of the letter.



Tidelands sold out at pre-construction prices before commencement of construction. By the time buildings approached completion, the bottom had started to fall out of the market. Some buyers under contract contacted Centex with the hope of reducing the price of their contract while, at the same time, considering the option of simply walking away from their contracts and deposits. The potential plaintiffs contend that when they met with Centex, a bright picture was painted, including custom manufactured water taxis which would ferry property owners between the several Centex projects and amenities under development. These included the Palm Harbor Resort Marina and refurbished Palm Harbor Golf Course, Bulow Shores and a condominium project at Marineland.



Things did not turn out that way. The Tidelands project is on hold with some buildings not built. Only one condo tower is completed at the resort location. The resort condo/hotel wasn’t built and the golf course was closed and allowed to deteriorate. It has since been donated to the City of Palm Coast to be used as a municipal golf course. The Marineland condominiums, Bulow Shores and the custom water taxis never materialized. Bulow Shores was purchased by the Ginn Company. The Centex property at Marineland is for sale. The letter contends that the unfulfilled promises combined with the aggressively low prices Centex’s adopted in order to sell the remaining units damaged owners who purchased at original prices.



December 1, 2007 update - A Centex representative has informed me that my statement that Tidelands is "on hold" is incorrect. He writes, "That is not true, we are sold out of built product and are taking reservations on future buildout of the next 38 units."

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source: gotoby.com

Ginn’s BriarRose Development in Georgia Has Successful Release

December 3, 2007 – Palm Coast, FL – In 2003, Jeff Davis left the Ginn Company to develop The BriarRose, an 1879 acre private country club and estate community in the Oconee River Valley near White Plains, GA. This August, the Ginn Company, financed by Lubert-Adler, purchased BriarRose for an undisclosed sum and brought Jeff back to his prior position as president of Ginn Real Estate. Last weekend, the change was celebrated with a release event, which I attended, featuring 23 newly released cottage lots. All 23 lots, priced from the low $200s to the mid $300s were snapped up, many from foreign buyers taking advantage of the weak dollar. Five of the cottage lots plus three estate lots were bought by folks from the U.S.



The BriarRose shares many of the characteristics of Ginn’s other developments. They target buyers seeking homesites for retirement and second homes. Other Ginn projects offer lifestyle themes built around golf, skiing, or water. The theme at BriarRose is country living. Lots are all large, some several acres. About 225 of 800 homesites have been sold. Homes will vary from cabins and cottages under 1900 square feet to multi-million dollar estate homes of several thousand square feet. It does have a golf course, but will additionally include an expansive equestrian facility and a sporting club. The sporting club, with over three dozen bird dogs, offers some of the best quail hunting in Georgia. It also offers several clay shooting facilities, some single station, a five station stadium, and a walk up course, where clays (clay pigeons) seem to appear at random as the shooter progresses through the course in a simulated hunting environment. The 250 year-old house at the sport club will be converted into a fine “country” dining restaurant.



Rather than “new urbanism,” BriarRose represent “new ruralism.” I grew up in a small town environment. There were only 66 students from two towns in my high school graduating class. I hunted with a great dog and shot clays when I was younger. I thoroughly enjoyed the BriarRose experience. It took me back to a more tranquil and peaceful time when you could sit in front of a fire with your dog at your feet and the smell of good food emanating from the kitchen. But the real highlight of the weekend was the sales, indicating that there is life left in both Ginn and in some segments of the real estate market. This is good news for all of us.

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source: gotoby.com

Road News – Town Center Pkwy Opens, SR 100 at I95 Should be done by Jan 31

December 4, 2007 – Palm Coast, FL – With the installation of traffic lights completed at the intersection of Seminole Woods Parkway and SR 100, the first road through Town Center at Palm Coast has opened. You can now enter Town Center there and travel north on Town Center Parkway, then east under I95 to Old Kings Road at the old railroad and canal crossing. Town Center’s Main Street, which begins at the Belle Terre Publix and proceeds eastward through the future urban core to Town Center Parkway remains closed as does the Bulldog Drive entrance to Town Center.



In other road news, the traffic mess at SR100 and I95 should clear up by the end of January. That’s when the new I95 bridge and interchange work is scheduled to be completed.

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source: gotoby.com