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SHORT SALES, FORECLOSURES AND DESPERATE BUILDERS - WHAT'S NEXT??

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

We've seen a dramatic increase in short sales and foreclosures this year.  What's next?? 

WAIT!!  We're not yet in the "FLAPPING IN THE WIND" market.   THERE'S HOPE!  Most major builders are holding out and I suspect that the recent leak by builders that the government, with their Geppetto psyche, is thinking of subsidizing interest rates for 30 year fixed loans to 4.5%.  That would help builders more than home owners who need to sell because builders can build to contract.  Home owners have homes that are valued at about 2/3 of what they owe.  1% interest rates won't help a home owner who owes $450,000 on a home that is appraising for $350,000.  Unless they bring a LOT OF CASH to the table, that home owner is a hostage to their home mortgage.    

If the interest rate subsidy doesn't get approved, more builders will go under.  The questions is, what will they leave behind?

The good news is that most of the major builders are not building many "spec" homes.  THEY CLAIM TO HAVE SPECS.   However, most are not spec homes.  They are homes that were constructed for an actual home buyers who defaults when it's time to close. 

              ~~~~~~~~~~~~~~~~  POST FROM JANUARY 2008 ~~~~~~~~~~~~~~~~~

THINK SHORT SALES ARE A TOUGH MARKET? MORE RAIN COULD BE COMING. ACTIVE RAIN FOLKS, GET READY. We could be selling half finished homes "flapping in the wind".

It's Deja vu all over again. 

SHORT SALES ARE TOUGH, BUT IT COULD BE TOUGHER.  Reading posts about short sales today brings back memories.  Some of us can remember the Savings & Loan disaster and the creation of the RTC back in the early 1990s.  They weren't short sales but foreclosures were on every corner.  We listed and sold properties for banks, mortgage companies, FDIC, Fannie Mae, Freddie Mac and many investors. 

WHAT HAPPENS IF BUILDERS CAN GET CONSTRUCTION FINANCING?  If the market continues on the present track, following the million or so home owner foreclosures or short sales, we just could have entire communities sitting with half finished homes, "flapping in the wind", as we used to call them, waiting to be finished, one house at a time, or as a community.  Once the financial underpenning of the construction market fails, as it's close to doing now, projects that have been permitted but not completed could go to foreclosure with homes in many stages of completions.  If the builders go under, buyers earnest money could be converted to a "priority claim" in bankruptcy court.  Fortunately, buyers earnest money is not at risk as it was in the early 1990, when most agreements permitted buyer deposits to be used for "general operating funds" by the builder.  Many states now require that buyers deposit money be held by escrow companies or in real estate broker accounts where the builders can touch the money unless the buyer defaults and releases it or the sale closes. 

HOW WELL FINANCED IS YOUR BUILDER?  The only safe builder is a builder with strong financials.  But, how is a buyer or agent to know the difference?  From my experience in the 1990s, I have not sold niche builders' product in Maryland.  These builders have no investment in construction.  They option the land.  The buyer obtains construction financing.  If the builder goes out of business midway throught the building process, the buyer is left with a half finished home.  This is rare, but it does happen. 

IT'S HARD TO SELL A HALF FINISHED PROPERTY.  With short sales today, at least we're dealing with existing homes.  Back then, we were often dealing with builder bankruptcies, foreclosures on half finished properties, "flapping in the wind".  Many unfinished communities looked like war zones.  The short sale processes can be frustrating because the banks and mortgage companies were not prepared and still are not prepared to deal with the work load of thousands of short sale and foreclosure asset disposal or loss mitigation cases.  The bank staff lack training and they do not have sufficient numbers of personnel to handle the crunch of applications. 

I listed them for several banks.  The properties would be listed for sale and we usually dealt directly with buyers who contacted us directly.  A buyer with an agent in those days was a rarity.  So, we wrote the contracts for the buyers to make an offer to the bank, negotiated and managed the contracts through to settlement.  Most agents wouldn't even show the properties.  We listed, showed, sold and then managed the construction through to settlement.  In many ways, real estate sales were much easier then.  I believe our contract of sale was only about 3-4 pages. Today, the basic contract of sale is 12 page plus a stack of disclosures and addenda.   

       New homes abandoned.

                         MANY ABANDONED BUILDING SITES AND COMMUNITIES LOOKED LIKE WAR ZONES.

HOMES WERE IN ALL STATES OF CONSTRUCTION.   We were selling homes where the builder had abandoned the home sites leaving homes in foundation, homes that were framed out, homes with rain pouring through the roof, homes with unsecured interiors.  It was a nightmare.  We not only sold the properties, we hired subcontractors to complete the work, got the pemits and got the homes finished.  Once we had a contract of sale for one of the half finished properties, they were financed through construction financing.  The buyers needed 10-20% down or the banks wouldn't even talk to them.  Quite often with a well qualified buyer, the bank owners would pay to have the homes completed. 

THE FUTURE LOOKS BLEAK FOR THE BANKS AND MORTGAGE COMPANIES.  As the housing market continues to deteriorate, builders who paid premium prices for the land or home sites, may not be able to complete the homes.  Builders who purchased lots in the 2004-2005 period just before the market stalled, paid upwards of 1/3 of the total end price for the lots.  With prices reduced by up to 25% in many areas, the builders cannot complete the sites, construct homes, sell them and still profit.  In areas where prices have fallen severely such as Florida, some major builders have already put the properties in Chapter 11.  Small builders are simply abandoning the properties and any bonds they have posted.  This will lead to higher prices eventually because the insurance companies that issue the bonds will want more to issue the bonds.  Without the bonds, developers can get development permits.  Without the development permits, builders have no lots on which to build their product.  If that situation occurs, it will reduce the number of new home permits and might help reduce the inventory of resale homes.  However, putting the construction industry out of business and out of jobs isn't a good solution to this quagmore, irrespective of what Alan Greenspan says. 

This gets very complicated but, for those of us who have "been there, seen that", we can only shake our heads and say, it's Deja vu all over again.  Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988, E-Mail.

Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988.

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Comments(17)

Frank & Jodi Orlando
Frank & Jodi Orlando Get Us A Home Realty Atlanta Homes Sale - Cumming, GA

Lenn, yep, banks around here are finally wising up to the fact that an unfinished home without a C O is a losing proposition. Hard enoughh to get a permanent loan let alone a construction to permanent.

Dec 06, 2008 02:48 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Lenn..I have been through a few economic cycles myself, and my firm has a sister firm in the custom home business. We saw the writing on the wall a while back and have no spec houses sitting on the market. The 4.5% interest rate will be debated for a while, I posted something on that subject just this morning. I think consumer demand will drive the prices more than rates, and areas of high unemployment will be the hardest hit. These forces are a huge boulder that is already rolling nothing will stop it until it comes to rest on it's own (that is what market values-will do on their own)

Dec 06, 2008 03:20 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Steve.  Indeed.  It will have to come to rest on it's own.  Builders have wised up since the early 90s.

Frank & Jodi.  I was fortunate to sell one C/P this year, but I wouldn't sell one with anyone but a trusted builder.  Even then, I had the chili wiggles until the house was finished.

 

Dec 06, 2008 03:49 AM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

I've been avoiding short sales and REO's as much as possible. The banks are such a pain in the butt. If someone calls me to list a short sale or REO, I'm brutally honest with them, and I only list if I'm sure they completely understand the difficulties they face, and are willing to cooperate to the fullest. But I still hate working with banks.

Dec 06, 2008 01:48 PM
Terry & Bonnie Westbrook
Westbrook Realty Broker-Owner - Grand Rapids, MI
Westbrook Realty - Grand Rapids Forest Hills MI Re

We are all learning as we go along but it is a big problem with the uncompleted builder specs I just sent 3 of them back to the bank we had buyers but the bank thinks they can sell it for more money and now they are stuck with three uncompleted homes in the winter.

Dec 06, 2008 03:18 PM
Don Rogers
Keller Williams Realty Chesterfield - O'Fallon, MO
Realtor, Broker, CDPE, GRI, OnullFallon MO & St Charles County MO homes

Lenn,

We have a GREEN community here that is out of business and all of the buildings that were started are going to be bulldozed.  The builder can't get them completed due to lack of funds.  They were trying to do to much and no interest from the buyers.

Dec 06, 2008 10:06 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Don.  Which confirms my theory that "green" will only work if mandated by code.  Otherwise the consumer will not pay for it in large enough numbers to justify the cost.

Terry.  It could turn out to be a serious problem in 2009-20010.  These half completed homes and subdivisions became a serious problem in our area about 2003- fully 2-3 years into the 1990 housing recession.

History teaches us what to expect.

Lisa.  You're missing a lot of sales volume.  As foreclosures and short sales become a larger percentage of our inventory, by avoiding them, you're not only losing buyer, you may be denying your buyer/clients, if buyers are your clients, opportunities.  These properties are offering very good value in our market.

Dec 06, 2008 10:17 PM
"Boomer" Jack Boardman
Former REALTOR® & Current RE Spouse - Saint Paul, MN

Lenn: Just reading in this morning's paper about several abandoned new housing projects...builders have gone bankrupt in some cases. But, in a couple of these stalled projects there are some really good deals: 140K for a 3 br, 3 level townhome (just don't expect too many neighbors anytime soon).

Dec 06, 2008 11:10 PM
Alan Gross
PrimeLending, A PlainsCapital Company, Equal Housing Lender - Bethesda, MD
Loan Consultant

Problems with builders can be greater than most people (particularly buyers) think. As you said many builders are on the brink of bankruptcy and this can cause major problems. I had two clients last year (twin sisters) that had contracted to buy homes in Florida from a subsidiarity of Levitt. The builder was having problems and eventually stopped working on the houses. Then the real bad new hit. They were stopping work in the project. The sales rep for the builder convinced them at time of contract not to have there deposits in an escrow account. The result was they both lost deposits of over $40,000. Just a word of caution to new home buyers.

Dec 07, 2008 03:21 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jack. Indeed.  I haven't seen the type of "war zone" communities that I saw in the early 1990s.  Once the counties took such a hit at that time, they since required very high "road bonds" to protect against builder defaults.  Buyers' money also goes in to escrow accounts that are either insured or with a broker.  There is no safer place for a buyer's deposit than in a real estate broker account.

Alan.  I remember some of those in the 1990s, but that's not likely to happen in MD now.

 

Dec 07, 2008 03:26 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Lenn, in this market, I have a hard time selling any new construction unless it is finished.  Even established builders are pretty funky, or can turn funky overnight.  Sort of like Citi.

Dec 07, 2008 10:19 AM
Ann Heitland
Retired from RE/MAX Peak Properties - Flagstaff, AZ
Retired from Flagstaff Real Estate Sales

I'm seeing custom homes abandoned at the framing stage as high-end buyers look at their stock market portfolios and decide to let their mortgage lender pick up the pieces.

Dec 07, 2008 10:55 AM
Kristal Kraft
Novella Real Estate - Denver, CO
Selling Metro Denver Real Estate - 303-589-2022

I think we screwed up.  I think we should have elected you President.  Is it too late?

kk

Dec 07, 2008 02:39 PM
Kent Simpson
Realty One Group Mountain Desert - Tucson, AZ
Real Estate Is About People

Just went to a "flappin' house" today that had finish work to be done according to the listing - drywall, paint, etc. already completed.  Then we saw the cracks in the foundation, started looking around at the quality of construction, pulled out the laptop & found out that the only permit pulled on the property was the grading permit.  These clowns hadn't even gotten a building permit, started slapping together a house & left a mess that the only solution is to demo the place & start over.

We'll see more of these from the "niche builder" market.

Dec 07, 2008 03:43 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Kent.  You're a genius.  I studiously avoid niche builders in any market, with the exception of well financed custom builders of course. 

I am also very leery of builders offering "construction to perm" financing.  The builder has no "skin in the game" and the buyer assums ALL of the risk that the builder will complete the built-out with the quality expected (or promised). 

Quality is just another word that has no meaning to a builder in financial trouble beyond the code inspectors.  I don't want my buyers to rely on code inspectors for "quality".

 

 

Dec 07, 2008 08:33 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Kristal.  HA!.  Funny.  About the only entity lower in the public's eyes than a real estate agent is a politician. 

Ann.  Indeed.  I saw a listing last week that was a luxury home under construction in a luxury area.  The house was about 75% finished, abandoned and foreclosed.  The bank was selling "as is", of course.  Problem is, the price was full market.  GEEZ!  The original owner/builder had not pulled a single permit beyond foundation.  Actually, the construction was not bad, but far from finished and behind about 6 plumbing, elec., structural, grading, etc. permits. 

BANKS DO NOT KNOW HOW TO SELL REAL ESTATE.

Dec 07, 2008 08:38 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Patricia.  Indeed.  My list of new home builders that I will sell has gotten quite short.  But, then it always has been. 

 

Dec 07, 2008 08:39 PM