Oregon's Real Estate Blog

Oregon Wine Country Real Estate Sales November 2009

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 08 Dec 2009 13:43:31 -0600

62 Sales Total Between November 8, 2009 and December 8, 2009

Lowest Price Highest Price

Newberg: 25 Sales $ 49,000 $630,000

Dundee: 5 Sales $ 39,000 $429,000

Dayton: 2 Sales $195,000 $252,000

Lafayette: 4 Sales $169,500 $189,900

McMinnville 19 Sales $ 6,000 $387,000

Carlton: 1 Sale $200,000

Yamhill 1 Sale $150,000

Sheridan 4 Sales $100,000 through $169,500

Willamina 1 Sale $ 99,800

*Data taken from the Regional Multiple Listing Service

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

FHA Looking At Outlines for Tougher Rules To Impose On Borrowers

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 03 Dec 2009 16:15:19 -0600

As if things weren't hard enough in this market, now the FHA intends on making it even harder. The following information was in a Washington Post article I came across today.

FHA presented lawmakers with outlines for tougher rules that the agency plans to impose on borrowers. In order to qualify for an FHA backed loan;

1. Borrowers will have to bring more cash to the transaction.

2 There will be a higher credit score requirements and the might have to pay higher insurance premiums.

3. FHA will also limit the amount of money that sellers can contribute to a sale, including closing costs, to 3 percent of the loan's value, instead of the current 6 percent. By forcing borrowers to invest more money in the home homes they are buying, it would make it less appealing to default and walk away.

These new changes are designed to help the agency rebuild their cash reserves as it struggles with rising defaults.

Several have raised questions about the new rules.

Rep. Randy Neugebauer (R-Tex.) is disappointed that agency isn't adopting risk-based pricing. This would enable the FHA to charge higher premiums to the riskiest borrowers but House Financial Services Committee Chairman Barney Frank (D-Mass.) said he's concerned that such a change could unfairly penalize lower-income families.

Rep. Gary G. Miller (R-Calif.) would like to see the agency revive a down-payment assistance program that ended last year. This program allowed buyers to purchase a home without putting their own money down. A nonprofit group provided buyers with the down payment and sellers reimbursed the nonprofit groups. Unfortunately, such programs led to unacceptably high levels of defaults.

In the opinion of Ann Schnare who is a former Freddie Mac official, she thinks the FHA is "running on empty and perhaps has crossed the line into "insolvency".

I say we are still in a mess. We are told the recession is ending and things should start to pick back up but I'm not so sure. I understand the need to make borrowers be more accountable and I understand the need to stop people from being so dependent on government programs. I'm just not so sure that now is the time to implement rules making it even more difficult to obtain financing. I think the economy is still very much on a teeter totter and could still go either way. If the government does away with the first time home buyer credit as planned and the FHA imposes stricter rules on home buyers, I think we can look forward to several more years of a struggling housing market.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

The Facts about the Home Buyer Credit, Plain and Simple

Sandy Mitchell (The Kelly Group, Keller Williams) — Wed, 25 Nov 2009 12:02:12 -0600

10 Important Facts about the Extended First-Time Homebuyer Credit

If you are in the market for a new home, you may still be able to claim the First-Time Homebuyer Credit. Congress recently passed The Worker, Homeownership and Business Assistance Act Of 2009, extending the First-Time Homebuyer Credit and expanding who qualifies.

Here are the top 10 things the IRS wants you to know about the expanded credit and the qualifications you must meet in order to qualify for it.

You must buy - or enter into a binding contract to buy a principal residence - on or before April 30, 2010.
If you enter into a binding contract by April 30, 2010 you must close on the home on or before June 30, 2010.
For qualifying purchases in 2010, you will have the option of claiming the credit on either your 2009 or 2010 return.
A long-time resident of the same home can now qualify for a reduced credit. You can qualify for the credit if you've lived in the same principal residence for any five-consecutive year period during the eight-year period that ended on the date the new home is purchased and the settlement date is after November 6, 2009.
The maximum credit for long-time residents is $6,500. However, married individuals filing separately are limited to $3,250.
People with higher incomes can now qualify for the credit. The new law raises the income limits for homes purchased after November 6, 2009. The full credit is available to taxpayers with modified adjusted gross incomes up to $125,000, or $225,000 for joint filers.
The IRS will issue a December 2009 revision of Form 5405 to claim this credit. The December 2009 form must be used for homes purchased after November 6, 2009 - whether the credit is claimed for 2008 or for 2009 - and for all home purchases that are claimed on 2009 returns.
No credit is available if the purchase price of the home exceeds $800,000.
The purchaser must be at least 18 years old on the date of purchase. For a married couple, only one spouse must meet this age requirement.
A dependent is not eligible to claim the credit.

For more information about the expanded First-Time Home Buyer Credit, visit IRS.gov/recovery.

Links:

First-Time Homebuyer Credit
IR-2009-108, First-Time Homebuyer Credit Extended to April 30, 2010; Some Current Homeowners Now Also Qualify

YouTube Videos:

Recovery: New Homebuyer Credit - November 2009
Consejo Tributario: Consejos Tributarios de Fin de Año Noviembre 2009

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Take Advantage of the Extended/Expanded Home Buyer Credit!

Sandy Mitchell (The Kelly Group, Keller Williams) — Mon, 23 Nov 2009 16:25:12 -0600

Homebuyer Tax Credit Extended and Expanded

Great news for homebuyers! The Homebuyers Tax Credit has been extended into the first half of 2010...and it has been expanded to include benefits for current homeowners!

Who Qualifies? First-time homebuyers may be eligible for the tax credit worth 10% of the purchase price of the home, with a maximum available credit of $8,000.

In addition, the program now gives current homeowners an additional reason to move to a new home. This incentive comes in the form of a tax credit of up to $6,500 for qualified purchasers who have owned and occupied a primary residence for a period of five consecutive years during the last eight years.

Eligible Incomes: Single tax filers who earn up to $125,000 are eligible for the total credit amount. Those who earn more can receive a partial credit; however, single filers who earn $145,000 and above are ineligible.

Joint filers who earn up to $225,000 are eligible for the total credit amount. Those who earn more can receive a partial credit; however, joint filers who earn $245,000 and above are ineligible.

In order to qualify for the credit, all contracts need to be in effect no later than April 30, 2010 and close no later than June 30, 2010.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Google Maps... Now with Real Estate

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 19 Nov 2009 15:30:56 -0600

Via René Fabre - Social Media Marketing (ARFCO MEDIA ):

Google announced real estate on Google Maps this morning...

In Google Maps type a "city state" and/or a "zip code". Just to the right of the "Search Maps" button,

click "show search options" and select real estate in the drop down...

You can search homes for sale, rentals, and foreclosures. Filter your results by price range, bedrooms, and building square feet. This comes with all the usual Google Map functions like pop-up pictures with links to the listing source.

This will certainly bring a larger audience and exposure to your local real estate market...

View Larger Map

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

First Time Home Buyer Credit Extended & Expanded

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 05 Nov 2009 20:51:59 -0600

It's official.

In landslide votes, the extension/expansion of the first time home buyer tax credit passed both houses of Congress and is now on its way to the President's desk for signing tomorrow.

The credit now goes through May 1st, which means you can sign a contract through May 1st as long as you close on the property by June 30th.

It gives up to $8000 for first time buyers (defined as not having owned a home for the past three years) and up to a $6500 credit to move-up buyers who have owned and occupied their current homes for at least five years.

Again, you have to be an owner occupant of this primary residence, no investors here, and there is an income cap for single filers at $125,000 and joint filers at $225,000. Oh, and the home you buy can't be more than $800,000.

This is great news for the economy and all those folks who drug their feet and didn't get in on the credit the first time around. Now with the expanded credit, people will be able to "move up" too!

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

H1N1 Flu Shots Now Available in Yamhill County

Sandy Mitchell (The Kelly Group, Keller Williams) — Wed, 04 Nov 2009 14:20:11 -0600

Yamhill County Public Health is offering vaccine clinics for H1N1 and seasonal flu shots starting today. These clinics are by appointment only and will continue through next week while supplies last.

Seasonal flu clinic
This vaccine includes the flu shot for low-income people and the nasal spray. Cost for the nasal spray is $39.75, which can be billed to Medicaid. For both the nasal spray and the flu shot, people without insurance or unable to pay may be able to receive the flu vaccine for a reduced price of $15.19 or less. For healthy people between the ages of 2 - 49, the live flu vaccine (nasal spray) is a good option according to Dr. Robert Moore, Yamhill County Health.

Moore adds that some medical providers and pharmacies may be receiving additional supplies of seasonal flu vaccine as they become available.

H1N1 vaccine clinic
The H1N1 flu vaccine is in limited supply and only people in these groups will be vaccinated at this time:

Children ages six months to five years
Pregnant women
Parents, household contacts and caregivers of children under six months old

To schedule an appointment or for more information, please call the Yamhill County Public Health information line at 503-434-7443 or 503-55407842. Yamhill County Public Health is located at 412 NE Ford, McMinnville.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Real Market Values Down, Taxes UP, Up and Away!

Sandy Mitchell (The Kelly Group, Keller Williams) — Sat, 31 Oct 2009 17:57:59 -0500

So, by now you have received your tax statement in the mail and were surprised to see that instead of your taxes going down like you thought they would, they went up. How could this be you ask yourself, how can the value of my home go down and my taxes increase?

The reason is because property taxes in Oregon are based on assessed value, not real market value. Under Measure 50 which was voted in, in 1997, the assessed value of your home will rise 3% each year, plus any bonds or levies that were voted in.

Even though the market has continued to decline, in part due to the high number of short sales, taxes won't reflect that until next year.

In Yamhill County, here's the breakdown of where your tax dollars go:

The majority goes to fund schools. One Yamhill County property tax dollar gives 55 Cents to education (K-12, community colleges, educational service districts), 28 cents to neighborhood services provided by cities and special districts (police and fire protection, libraries, parks, urban road maintenance, and more), and 17 cents to county government services (public safety, road improvements, electronic, public health and more.)

Taxpayers who feel their assessed or real market values may be too high should call the assessor's office to discuss the basis for their property's appraisal and if they choose, they may appeal. Appeals may be filed through Dec. 31. You can find the information regarding appeal on the back of your tax statement.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Yamhill County Oregon Market

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 27 Oct 2009 15:42:23 -0500

Via Timothy Ciulla (Ticor Title Insurance):

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Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Photo Contest at Evergreen Aviation & Space Museum

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 13 Oct 2009 17:09:58 -0500

Evergreen Aviation & Space Museum Hosts

Photo Contest

Only two weeks left to submit photos

MCMINNVILLE, Ore. - Only two weeks remain to submit photos to the first annual "Clicks Away: EASM Photo Contest." All submissions are due by November 1.

Categories include:

People: Individuals experiencing the Museum.

Aircraft: Aircraft, spacecraft or exhibit in the Museum or on the Museum campus.

Event: People or activities at a Museum event (Easter Eggstravaganza, Hall of Honor, Loose Goose Fly-Out, etc.).

Employee: Best photo submitted by an Evergreen employee, Museum employee, intern or volunteer in the previously listed categories.

Winning entries will be displayed in the Evergreen Aviation & Space Museum, featured in an issue of the Museum's member newsletter, Wingspan, and posted on the www.EvergreenMuseum.org. Additional prizes will be announced on Nov. 1. All submissions are due by Nov.1.

For entry forms, model release forms and official contest rules, please visit www.EvergreenMuseum.org, or call 503-434-4006.

The Evergreen Aviation & Space Museum is best known as the home of the world's largest wooden flying boat, the" Spruce Goose", SR-71 "Blackbird", the Titan II SLV Missile and the Grumman F6F-3 "Hellcat". In addition, there are more than 150 historic aircraft, spacecraft and exhibits on display, along with artwork, traveling displays, the Spruce Goose Café, the Cosmo Café, the Rotors, Wings & Things store, the Right Stuff Store and Oregon's largest IMAX® 3D theater. The hours are 9 a.m. to 5 p.m., daily except when it is closed for Thanksgiving, Christmas Day and Easter. The Museum facility is located at 500 NE Captain Michael King Smith Way, across the highway from the McMinnville Airport and about three miles southeast of McMinnville, Ore., on Highway 18. Regular visitor admission is required. Call 503-434-4180 for more information, and visit www.evergreenmuseum.org.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

H1N1 and the Newberg Schools

Sandy Mitchell (The Kelly Group, Keller Williams) — Mon, 12 Oct 2009 16:03:00 -0500

Influenza has been reported in Newberg schools. It is not known whether or not this is H1N1 influenza because doctors and emergency rooms are not testing for H1N1 flu.

Anyone with influenza needs to remain at home. Influenza is a viral illness characterized by a fever above 100^o, a cough, sore throat, body aches chills nausea and fatigue. H1N1 flu symptoms are similar to the symptoms of seasonal flu.

If students become sick with respiratory symptoms and a fever at school, the school office will notify parents or guardians to pick up their student and take them home or to a health-care provider. Emergency telephone contacts will be made in the event parent or guardians cannot be reached. Please make sure your student's school has current contact information for you at home and at school.

Students should not return to school until they no longer have a fever, or signs of a fever, for 24 hours without using fever-reducing drugs.

Influenza is highly contagious and is spread mainly from person to person when people with influenza cough or sneeze. We are doing everything we can to keep schools functioning as usual. Here are recommended ways to reduce the spread of illness:

Wash hands frequently with soap and water or an alcohol-based hand sanitizer
Cover coughs and sneezes
Keep sick children home
CDC recommends vaccination

Please contact the school office if your child is sick. More information about H1N1 influenza is available on the school district website including links to local and federal health resources.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

The Evergreen Aviation & Space Museum in McMinnville Oregon

Sandy Mitchell (The Kelly Group, Keller Williams) — Mon, 12 Oct 2009 13:27:54 -0500

Hot Air Balloons & Gliders subject of Home School Day on Oct. 15

McMinnville, Ore. - The Evergreen Aviation & Space Museum is hosting a Home School Day on Thursday, Oct. 15, from 9 a.m. to 2:30 p.m. The Education Department invites home school students and their families to participate in activities centered on balloons and gliders.

Through hands-on activities and content instruction, the Education Department aims to teach students the properties of air, how balloons rise into the sky and how air affects the design of gliders.

Both a hot air balloon and glider will be on site to provide live demonstrations of the information students will be discussing.

General registration for both children and adults is $15. Member registration is $8 for both children and adults. Pre-registration and pre-payment is recommended due to limited space. A lunch location will be provided, so feel free to bring your own lunch or purchase one from the Cosmo Café in the Space Museum.

For more information or to RSVP for the event, please contact the Education Department at 503-434-4185, or email education@sprucegoose.org.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

H1N1 Flu Vaccination Clinics Planned At School

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 06 Oct 2009 21:03:04 -0500

Yamhill County Public will conduct H1N1 influenza vaccination clinics at district schools in early November. Children from 6 months to 24 years of age are considered at risk for the H1N1 virus and are part of the target group to receive the vaccine soon after it becomes available.

Children will not be not be vaccinated without signed parental consent. Parents can expect to receive information from the Public Health Department including a consent forms within the next week. The information will be available online as soon as it is available.

Vaccination clinics will be held at all public and at private schools. Some clinics may extend hours to vaccinate other members of the target group, which includes pregnant women, household contacts and caregivers for children younger than six months old, people from six months - 24 years of age and persons 25 - 64 years who have health conditions associated with higher risk of medical complications. For a more detailed description of the targeted group, see http://www.flu.oregon.gov/DHS/ph/acd/flu/h1n1flu-subcommittee.shtml#target

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Top 10 Reasons Why Your Short Sale Will Not Close

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 06 Oct 2009 13:30:04 -0500

Via Noel Padilla, CDPE (Surreal Properties, LLC.):

10.) You sent in multiple offers to the bank. Put yourself in the bank's shoes, what would you do if you got 3,4,5 or 6 offers on your property? That's right you would wait to see if you get more at higher prices. We all know short sale departments at banks are extremely organized and they can surely keep track of multiple offers (Yes I'm being sarcastic). Oh did I mention accepting and having your seller sign multiple offers is probably a little against the law and at the very least unethically? Third party approval is just a contingency just like an inspection or financing. You wouldn't keep accepting offers if there was an only and inspection contingency right?

9.) You don't call the bank periodically for updates, you rely on them calling you. With literally thousands of short sale offers coming in, you need to keep your file fresh on their minds. Files are always being lost or misplaced, yes even in this digital age they get lost in cyberspace. A file goes to a negotiator via email and the pdf gets deleted accidentally. Do actually think the negotiator is going to remember let alone try and recover that info when he/she has another 100 or so to work on? They just say NEXT.

8.) You don't bother to lower the price periodically. Do I really need to explain this one, this is real estate selling 101.

7.) Your marketing, well sucks! No pictures, no virtual tours, poor description, etc. Again real estate selling 101.

6.) You don't know what the hell you're doing and are too pigeoned minded to actually take formal training to get better because of course you've been in business 28 years or that's what your broker told you to do. Formal training is not some 2 hour course given by your local board nor is it a 2 hour webinar. I'm talking at least 8 hours of classroom instruction or distance learning curriculum. Nothing substitutes for a live instructor if you have a choice chose the classroom.

5.) You don't submit an offer you feel is too low. WHAT? Let the lender tell you it's too low. Get the process going and hopefully you can get a hard number from the bank on what they'll take.

4.) You don't check this property's status and the bank forecloses. The short sale department does not communicate with the foreclosure/legal department. You don't know how many times I've called and informed the S/S department about an impending sale date and they reply, "Oh let me send them a message to delay the sale." This doesn't stop the process but in my neck of the woods if you delay a sale, you just bought yourself 60 days. It takes 30 days to get in front of the judge to schedule another sale date and that date is usually another 30 days out.

3.) Poor communication with the buyers/buyers agent and they walk. Mindset is crucial here. You need to prepare the agent and/or buyer for a long wait at least 90 days before you can go into the sales phase. You also need to let them know that not a whole lot will happen in the first 30 days and to expect updates every two weeks or sooner if developments occur.

2.) You're disorganized. If your the type that gets overwhelm at times (Like me) you need to systematize your business. You should have already done this but this is even more crucial in short sales. I designed an excel spread sheet that holds all my listings. I note whether they are active, pending , short sale, etc. It contains all the info I need in the notes boxes of the spreadsheet and I note every time I call with date and name of person. If you want a copy of it click the hyperlink.

...........drum-roll please........and the number one reason your short will not close is:

1.) Your short sale package is incomplete. A bank will not call you and say hey your package was incomplete. It will go in the round file cabinet. The more info you send them the better. I always call the lender first and ask for their specifics. I then send them what they ask and then some. A complete package should be at least 50 pages. I've seen some that are 100 pages. These servicers do not have a clue about your market. The more you send them pertaining to the market value the better chance you have at getting your package looked at sooner. You come across as a professional that really knows what you are doing, perception is the key here. (Who cares if you just took the Short Sale class 24 hours ago, you're a pro act like it!)

Good luck and happy short selling

Noel Padilla, CDPE

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

October 2, 2009 Entertaintment at Undergound Cafe' & Coffeehouse

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 01 Oct 2009 11:32:28 -0500

A note from Martin & Janet Bleck, owners of Underground Cafe' and Coffeehouse.

This Friday night we are pleased to host a special solo performance by Lisa Mann, a Muddy Waters Award Winning Artist from Portland. Lisa is a "crackerjack musician who brings all her skills to her singing: great sound, great feeling, and commitment to the music". The word on the street is: "Go hear her now!" Visit www.lisamannmusic.com to read more about this fantastic artist!

This week's Friday Night Small Plate Menu includes a mini-raw-bar-fest featuring our "Shrimp with Three Sauces" and "Fanny Bay Oysters-on-the-Half-Shell". Fanny Bay oysters are from Canada, specifically Baynes Sound in the southern part of Vancouver Island. To learn more about Fanny Bay oysters, go to www.oysterguide.com/maps/british-columbia/fanny-bay

MUSIC STARTS AT 7:00P.M. UNDERGROUND IS LOCATED NEXT TO SHERI'S IN THE NEWBERG SPRINGBROOK SHOPPING CENTER

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Trick or Treat in Space!

Sandy Mitchell (The Kelly Group, Keller Williams) — Tue, 29 Sep 2009 19:32:32 -0500

For more information please contact Laura Graham, Director of Marketing and Public Relations, Evergreen Aviation & Space Museum, 503-434-4006 or email laura.graham@evergreenaviation.com

FOR RELEASE

September 29, 2009

Trick-o-Treat in Outer Space

Museum offers safe environment for Halloween festivities.

MCMINNVILLE, Ore. - The Evergreen Aviation & Space Museum will host its annual Trick-o-Treat in Outer Space event on Saturday, Oct. 31, from 10 a.m. to 12:30 p.m.

Families can enjoy a petting zoo, a parade and safe trick or treating in the Evergreen Space Museum. The Museum Education Department will also offer Halloween crafts and a book reading of "Fright Night Flight" by Laura Krauss.

Tickets purchased before Oct. 29 are $5 for Museum members and youth (5-16), and $11 for adults. If purchased after Oct. 29, youth tickets will remain $5, but adult Museum members will be $8 and general admission will be $13. Ticket prices include admission to the Evergreen Space Museum. Will call will be open at 9 a.m. on Oct. 31.

For more information, please call the Museum Events Department at 503-434-4185 or email events@sprucegoose.org.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Will the Cap and Trade Bill Have an Impact on Housing Sales?

Sandy Mitchell (The Kelly Group, Keller Williams) — Mon, 28 Sep 2009 17:41:00 -0500

Great Information, Lots to Think About!

Via Claudette Millette - Metrowest Mass Exclusive Buyer Broker (The Buyers' Counsel):

In the interest of creating a better environment, new legislation that is along the lines of the Waxman-Markey Cap and Trade Bill is scheduled to be unveiled by the end of the month. The bill will include language for a new National Building Code calling for homes to be more energy efficient.

With regard to new construction, there have been some notable innovations in green building designs and the use of these should be encouraged in new homes.

However, according to a recent article, the proposed code has a provision which would mandate that all housing transactions be required to undergo and pass an environmental inspection. In older home sales this could be significant. Windows that are not airtight and appliances that are not Energy Star certified would have to be replaced before the sale could happen.

The fear is that this bill could possibly affect the sales of "fixer-upper" homes; however, I cannot honestly see the government moving in with these types of restrictions at this point which would severely impact the sale of the huge inventory of foreclosure properties now sitting on the block with millions more expected.

Currently, sellers in Massachusetts and many other states are mandated to have smoke and carbon monoxide detectors as a requirement before any property can be transferred.  Also, owners with private septic systems must have a Title V inspection and it fails, they are required to remedy the problem by installing a new septic system.

Most people are onboard with these items since they have a huge impact on safety and protecting the environment. However, if home sellers have to repair every problem prior to a sale, it could significantly drive up the cost of selling a home.

At a time when the country is spending countless sums of money to shore up the housing market with a first-time tax credit and the possibility of extending and expanding this program, it seems contradictory to come up with legislation that could sabotage these efforts.

I will be on the lookout for more clarification of this bill in the coming weeks and hope that the stir about it is more smoke than fire.

With the housing market still in a depressed state, it is hard to imagine that the government would choose this time to make housing sales more difficult.

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Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

This weeks Entertainment in Newberg

Sandy Mitchell (The Kelly Group, Keller Williams) — Fri, 25 Sep 2009 12:34:03 -0500

If you are looking for something to do on Friday night (Sept. 25, 2009) here are a couple of ideas.

Another Complimentary Wine Tasting This Friday From 5 to 8 p.m.

Join the HIP CHICKS from Hip Chicks Do Wine! for a complimentary tasting of their '08 Pinot Gris, '06 Echo West Cabernet Sauvignon, Sangiovese, Drop Dead Red, and Vin Nombril "Belly Button White". Visit www.hipchicksdowine.com for tasting notes!

Friday Night Live in the Loft!

Welcome back J. T. Meier for a return engagement! This artist has been around the music business forever, has some really great stories and an impressive resume. He starting out with a band in the 60's opening for the Rolling Stones, Beach Boys, Mamas and Papas, Sonny and Cher, Lovin' Spoonful, and the    Doors/Animals/Yardbirds.  Now he is on his own and entertaining locally. Come enjoy! He starts at 7 p.m. Small Plate Hors d'Oeuvres at 5! Come for Happy Hour!

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Undergrounds "Music In The Loft"

Sandy Mitchell (The Kelly Group, Keller Williams) — Fri, 18 Sep 2009 15:31:32 -0500

FRIDAY, SEPTEMBER 18, 2009

A note from Martin & Janet Bleck, Owners of Underground Cafe' and Coffeehouse

This week's performers were referred to us by Carla and Rick Thayer who are mostly known as Active Media but to us are our great customers, friends, and vendors.  So when they said "you gotta book these guys, they are awesome", we booked 'em!    We are pleased to welcome AUTUMN ROSE - Featuring husband and wife team Jonathan and Keri White, an acoustic country-rock duo from Portland, performing original material as well as classics from artists such as Johnny Cash, Willie Nelson and Townes Van Zandt. Autumn Rose are known best for their beautiful harmonies and song craft. 7 to 10 pm

Location: 1002 N Springbrook Rd, Newberg, Oregon or visit: Underground_Cafe_Coffeehouse@mail.vresp.com

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Breath, just breath!

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 17 Sep 2009 17:43:28 -0500

Do you ever have weeks like this?

The listing says "RMLS lock box, Vacant 24 hours." I arrive at the house only to find a combination lock on the front door. I call the listing agent, she doesn't answer her phone. I leave a message. I call the main office, and leave a message there as well.  The listing agent finally calls me back.... the next day. Says she didn't realize she didn't put an RMLS lock box on the house. She gives me the combination.   I make a second appointment with my clients and show back up at the home at the appointed time. The combination doesn't work. Good thing I have understanding clients but this is really frustrating me. I call the agent back and guess what, she doesn't answer her phone AGAIN!  I leave another message but I need to go to my next appointment which is about 30 minutes away.

I arrive at my next appointment to let an appraiser in a home only to find a vacant home with a big dog staring out the window. He isn't growling or barking, only looking like he really needs a friend to rescue him. I call the listing office to find out what the situation is.  Is this dog supposed to be in this vacant house? They don't know anything, in fact the property owner has disconnected her phone and they don't have anyway of getting a hold of her. I call animal control, they are aware of the dog but can't rescue him until they can prove he has been abandoned. I take my chances and unlock the door. I open it up just a crack to see what type of reaction I am going to get out of this dog. He is friendly and very happy to see somebody. I go to the back door and let him out in the fenced backyard so he can relieve himself.  There is a pan of food out there but no water. Wouldn't do him much good anyway since he was locked in the house. I try to get him some water but the service has been shut off. The dog just wants to play ball, he is just so thrilled to have a friend. About this time, animal control calls me back, they have contacted the owner and she is on her way over to the house. She arrives and storms out of her car and looks like she is going to kill me. I manage to calm her down and let her know, my only concern is for the dog and to make sure he is being taken care of.  I let her know the dog doesn't have any water. She says she is trying to find a home for him and things are really hard for her right now. I feel bad for her but I feel worse for the dog, he didn't do anything to deserve being left in a vacant home day after day.

Somewhere in the middle of all this, the agent on the other house calls me back and gives me a different combination. I make a third appointment with my clients, this time giving them a choice, do they want me to go try the combination out to see if it works before they waste anymore of their time? They decide they will take a chance on the combination and meet me at the house. At least this time, it worked but what can I say about this agent if I were a client and found out this is how my agent operated, she would be fired immediately. By the way, the house is a no go, my clients didn't like the looks of the mold creeping up the bedroom and bathroom walls or the ceiling that is caving in due to water damage. Not to mention the slug trails all over the living room carpet.

To top my day off, I received a call from clients I've been working with for several months, in fact we are supposed to be closing any day now on a newly constructed home. It seems there is a problem with their financing, a glitch that just now showed up. This is not an ordinary glitch, this could take some time to get cleared up, if it can be cleared up. We have an appointment set for 5:00p.m. this evening. With the day I've had so far, I can't count on this going well. I think I will be glad when this day is over.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

Underground Cafe & Coffeehouse

Sandy Mitchell (The Kelly Group, Keller Williams) — Fri, 04 Sep 2009 19:36:04 -0500

Live Music, Small Plates and Beverage Specials, September 4, 2009

Return Engagement - - Ron Hughes

If you missed this performer the last time he played, you don't want to miss him again. Ron plays a variety of instruments, including the baritone guitar. He sings and the name of his show is "Tunes You Know"

Tonight at the Underground, starting at 7:00p.m. and ending at 10:00p.m.

This Labor Day Weekend Saturday and Sunday from 12:00 to 4:30p.m. at the Argyle Winery

The Underground Cafe teams with Argyle and offers an extraordinary menu to pair with a very special wine tasting .

RSVP to: Underground_Cafe_Coffeehouse@mail.vresp.com

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

UNDERGROUND CAFE AND COFFEEHOUSE MUSIC IN THE LOFT

Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 27 Aug 2009 19:13:48 -0500

AUGUST 28, 2009 1002 Springbrook dr. Newberg, OR. 97132 503-554-1843 undergroundcafe@comcast.net

This Weeks' Live Music in the Loft Starting at 7:00 p.m.

BREANNA PALETTA from Portland
"Breanna's melodies are engaging and pure and her songs cut right to the core. She's a beautiful singer-songwriter"
Visit www.myspace.com/breannapaletta

SEE YOU IN THE LOFT!

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

The IRS has invaded You Tube and iTunes!

Sandy Mitchell (The Kelly Group, Keller Williams) — Fri, 21 Aug 2009 15:51:21 -0500

The IRS has announced they are featuring video and audio products on You Tube and iTunes in order to help taxpayers take full advantage of the 2009 tax provisions in the American Recovery and Reinvestment Act.

You can visit the video site at www.youtube.com/irsvideos. The videos will be in English, Spanish, American Sign Language and other languages.

Highlights will be: The $8000 first-time homebuyer's credit, The sales or excise tax deduction on new car purchases and the expanded credits for education and energy conservation.

You can visit the audio site at iTunes and listen to the IRS podcasts about AARA tax credits. People without an iTunes account can hear those same podcasts, in English and Spanish, on IRS.gov's Multimedia center.

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

What happens when a lender can’t produce the original note?

Sandy Mitchell (The Kelly Group, Keller Williams) — Wed, 19 Aug 2009 14:43:00 -0500

Very interesting, I hadn't thought about this. Rick brings up some very important information in this blog post.
Via Rick Misitano (Law Offices of James M. Bosco & Associates):
A growing number of homeowners around the country are using a foreclosure defense that may help them retain their homes. It’s called “Produce the Note” (as also being jointly advocated by The Consumer Warning Network) and we want you to know this is not a mere technicality that should be treated lightly by the lender or by the Court.

Everyone needs to understand the importance of this issue. When a lender can’t produce the original note, allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party in the future. Therefore, great caution must be taken before a judge can allow someone who can’t produce the original note to cash in on your home.

What if Your Lender CAN’T Produce the Note?

So, what happens when the lender tells the Court it can’t produce the original note, because it is lost? Let’s start with the basics. If a lender wants to foreclose on a property, it has to be able to show that it is, in fact, the appropriate person to whom the money is owed. That right to foreclose belongs ONLY to the person who has legitimate POSSESSION OF THE ORIGINAL NOTE - not a copy, not an electronic entry, but the original note itself with the original signature of the person(s) who allegedly owes the money along with appropriate raised notary seal and signature. So, if you are faced with a foreclosure, you have every right to demand that the person or entity trying to take your property, first prove to the Court that they have the legal right do to so in the first place by proving they have legal possession of the original promissory note.

In my opinion, an original mortgage note is much like legal tender and should be guarded and protected as such by the person holding such an asset. Loosing an original mortgage note is like loosing a $100 bill or a gift card or a lottery ticket. What if I scratched that million dollar ticket and just stuck it somewhere and misplaced it? Do you think I could just show up at lottery headquarters and claim my prize without having the winning ticket? The same principle applies to the person or entity claiming to be the legal holder of an original mortgage note. He who holds the note holds the key.

What the Lender Must Do

What often happens, however, is that the lender claims it doesn’t have the original note, because that note has been lost or destroyed. If the lender is making such a claim, the law requires the lender to prove all of the following under the “Uniform Commercial Code”, which is a set of laws governing commercial transactions that many states have adopted. It contains a specific provision on this subject (Section 3-309) which states that a person can enforce a promissory note without having the original, BUT only under certain limited circumstances.

1. The person or entity has to swear and attest that it no longer has the original note;
2. The person or entity has to prove that it was properly in possession of the note and was entitled to enforce it WHEN it lost possession of the note;
3. The person or entity has to prove it didn’t “lose” possession simply because it transferred the note to someone else (i.e., it’s not really lost); and
4. The person or entity has to prove that it cannot produce the original note because the instrument was destroyed or its whereabouts cannot be determined or it was stolen by someone who had no right to it.

All of these matters have to be definitively proven by the person or entity trying to foreclose on the property. It is not the obligation of the borrower to prove or disprove any of this. The borrower can challenge the right of the person or entity trying to foreclose and demand proof.

The Court’s Important Role

It is up to the Court to determine whether the lender has satisfactorily proven why it no longer can produce the original note. The Court also has to be satisfied that when the original note was lost, the person trying to foreclose on the property had possession of the note at the time it was lost. Until the Court has been satisfied of all of this, the foreclosure cannot proceed.

It is also important for the Court itself to understand that this issue is not merely a “technicality” and the judge should not be satisfied with anything less than full proof of this issue. The Court itself needs to appreciate the fact that if it should agree that an original note has been legitimately lost (and allows the foreclosure to proceed) it is the borrower who is still at risk.

Why? Because incredibly, even if a Court has found that the original note is lost and the foreclosure sale is finalized, if someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property, the original borrower is STILL LIABLE.

That’s right. Someone took your home and the Court allowed it because it believed that the lender proved that the note was lost and it was the proper party. Then someone legitimate shows up in the future with the actual note and you still owe that person the money even though your property was taken with the blessing of the Court. Trust me, this is a very serious issue regarding post foreclosures and post pre-foreclosure short-sales. It has happened to three of our own clients! These homeowners had the need to sell their property by means of a negotiated short-sale (so they could avoid a foreclosure) only to find out that the entity claiming to have the legal right and authority to enter into such negotiations and accept such settlements sold their note to another entity and weren’t even aware of it. Several months later, the newly assigned lenders (now claiming to be the rightful owners of our client’s original notes) have since come forward and have also filed suite seeking to recover their entire outstanding principle balances owed to them (prior to the homeowners closing their short-sale transactions with the wrong note holders).

How fair is that?!?! It’s not! And that’s why homeowners need to start fighting back when someone is trying to take their home by foreclosure, especially since an overwhelming percentage of mortgages granted over the last 3 to 5 years have been packaged into securities and re-sold and re-assigned numerous times since the inception of the borrower's original note and mortgage. In some states, homeowners have better than a 50/50 chance of being successful in defending themselves against a completed foreclosure. Why wouldn’t anyone who owns a home do everything in their power to protect and defend it?

All the Best,

Rick D. Misitano, Senior Paralegal
Law Offices of James M. Bosco & Associates
Methuen Executive Park
240 Pleasant Street
Methuen, Massachusetts 01844
Phone: (978) 687-8804
Fax: (978) 687-8872
boscolaw@comcast.net

Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132

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Sandy Mitchell (The Kelly Group, Keller Williams) — Thu, 13 Aug 2009 12:44:17 -0500
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Sandy Mitchell, Buyer's Agent

503-502-6408

The Kelly Group, Keller Williams

Portland Premier

215 N Blaine St.

Newberg, Oregon 97132