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Let me share some insights to you before I meet with everyone in August.

I actually Broker property in multiple markets.   My clients still have holdings in Sacramento, Stockton and across America.  The Theme of my August Meeting will be Changing Market conditions.  As anyone who has tried to buy real estate will know, getting a loan is now very difficult.

The Credit Market is still frozen as far as real estate goes and the changes in the Appraisal process only magnify the problem.   What the Banks do not want is more Bad Loans. But the Inventory is piling up and there will be a tipping point very quickly.

For Example sales are off in some regions 33% and inventory is up 25%. That is occurring, while interest rates are dropping.   Where are sales headed?  Probably lower and that is a problem with the inventory of foreclosed homes.

Home foreclosures are so much more corrosive than I ever imagined. By the way this month the FNMA number rose back up on delinquencies.

If Americans no longer trust homes hold value, then you will experience the Tampa, Florida market.  In some areas prices have dropped 90%.  Tampa is an actual city with jobs and running water. Vegas has a higher default rate than Tampa.

Should you jump back under your bed?

No in certain Markets, the re bound is happening just the way it did in Stockton and Sacramento.  Now the Golden markets are San Diego and Phoenix.  Be very careful is my prediction. Once Americans lose faith with the “American Dream” it will be hard to rebuild the faith.

Houses are like paper money, part fiction and part fact.

I sold Houses in Santa Cruz County at $35,000 and watched them go to Million. Given it was the same house, that is Fiction and Belief. The problem right now is Lending which is almost impossible to get a loan on anything. This will trigger more people to walk away from their homes. If lenders make lending so difficult that homes do not sell, values will fall. This is what I am describing as Phase 2 or the Double Dip provided by Lenders. Because credit is so tight, the Banks will possibly create their own 2nd crash of values.

A potential shift in attitude is occurring in America back toward Renting. Rents have stabilized in many markets and demand is strong. I have changed my buy direction towards Multi Family. In certain markets (Phoenix) it is under priced and rents are stable. Values have come down 75% into 1982 prices and that is below their real value.

Next Month we will talk about Phoenix and Vegas. Prices, Jobs, future, and past. Real Estate still makes more sense than the stock market.  The key is studying where to go and why.

Plan on attending August  for more specifics on various markets in the U.S. and why they make more sense than Santa Cruz.

4 Plex in Santa Clara  $650,000
4 Plex in Phoenix that is newer and better condition $105,000  (was $400,000 two years ago)

I look forward to meeting you all with more data and facts.  See you in August.

Jeb

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Apr
27

Why Maintaining Good Credit Matters

Posted by: ajish | Comments (0)

Hannah shares her experience on why maintaining good credit matters.

The current state of the economy has left investors scrambling to boost their credit scores.  Hannah Fliegel aka the ‘foreclosure fixer,’ explains how you can easily repair a damaged credit score and instantly receive at least a 60-point boost.

Hannah Fliegel

Hannah Fliegel is a credit restoration expert, and her company, Financial Education Services assists clients in navigating the credit repair process efficiently.   Financial Education Services begins with the dispute process in an effort to remove negative trade lines on a consumer’s credit report by challenging, inaccurate, obsolete or unverifiable information.

Hannah is also a real estate investor who maintains a credit score of 819 and services well over $1.2 million of mortgages.  Home loans and lines of credit are drying up for investors who have less-than-perfect credit.  By maintaining stellar credit, investors have more options for investment opportunities.  Hannah began investing in real estate in 2004.  After having a pre-construction deal in South Florida go south and compromise her credit, Hannah discover the world of credit restoration.  Hannah, a true entrepreneur is living proof that lemons make great lemonade!

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Apr
20

REIA | Thinking of forming an entity?

Posted by: ajish | Comments (1)

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11 OF THE BIGGEST MISTAKES REAL ESTATE INVESTORS MAKE WHEN SELECTING AND FORMING AN OWNERSHIP ENTITY

1. Not considering the fact that you may not need an entity at all

1.1. For example, with smaller properties, the formation and operating costs may outweigh any benefits:

1.1.1. estimate your maximum potential liability (other than your property debt)
1.1.2. determine how much you can protect through insurance
1.1.3. evaluate the remaining potential liability to determine if the benefits outweigh the costs of forming and operating an entity

2. Not identifying all potential conflicts of interest with your co-owners before deciding to hire a single attorney to represent everybody, for example:

2.1. different tax objectives
2.2. different abilities to contribute capital
2.3. different target lengths of holding period
2.4. different exit strategies

3. Not getting your tax advisor involved in the entity selection decision.

4. Not integrating your estate planning attorney in the entity selection and formation decision.

5. Not coordinating with your lender to make sure you know their requirements.

6. Not putting your agreement in writing.

7. Thinking that an entity shields you from all liabilities.

8. Not including a buy-sell agreement in your agreement to provide important benefits:

8.1. Prevent outsiders or heirs with conflicting interest from obtaining ownership
8.2. Ensure the continued legal existence of the entity on death, withdrawal, bankruptcy or expulsion of co-owner
8.3. Ensure continuity of management and control by remaining owners
8.4. Avoid later disputes over the value of a co-owner’s interest in the future
8.5. Prevent the continued involvement of co-owners who no longer contribute value

9. Not considering what happens if and when additional capital is required.

9.1. Termination?
9.2. Dilution of interests?
9.3. Loan by other co-owners?

10. If you are going to form an entity, in most cases, your biggest mistake could be not selecting a limited liability company

11. Paying $800 franchise tax when you file your Articles of Organization (LLC’s only).

By Lerman Law Partners

Jeff Lerman- Real Estate Lawyer will be speaking at FEC/REIA on April 22nd!

RSVP HERE

Be sure to bring your questions and come out to network and learn more about

forming partnerships.

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Here is the latest news from Jennifer Oldham on Tax Credit extension at California.

California lawmakers hope a new plan to extend a $10,000 tax credit to first-time buyers and those purchasing new homes will help jumpstart the state’s lagging housing market, as well as work to clear a backlog of abandoned and foreclosed homes.

Signed by Gov. Arnold Schwarzenegger this week, the new law provides $200 million for homes purchased between May 1 and Dec. 31 and between Dec. 31 and Aug. 1, 2011– twice as much as a similar measure provided for new home purchasers in 2009. Builders blamed a sharp downturn in construction last summer on a discontinuation of the tax credit after funds were exhausted in only five months.

Given the popularity of last year’s program, California taxpayers should ready themselves to apply for the new funds as soon as they become available.

The funds will be allocated on a first-come-first-served basis. The credit is not a refund — like a federal incentive program for first-time homebuyers that ends next month — but will result in a reduction or elimination of state taxes over a three-year period. There are no income limitations and buyers must reside in the home for at least two years.

If last year’s tax credit program in California is any indication of the need, the new funds are sure to be exhausted quickly. The state’s Franchise Tax Board stopped accepting applications for the first $100 million tax credit program for first-time home buyers last July after it received 12,000 requests in only five months.

To qualify for the tax credit, state officials suggest that potential buyers visit the Franchise Tax Board’s Web site to familiarize themselves with the program’s requirements. Last year, the agency designed a Web site with program specifics, answers to frequently asked questions, and links to required forms.

The board expects to have “a significant amount of information and guidance” on its Web site about the new program by Tuesday, said Brenda Voet, an agency spokeswoman. The address isn’t yet available, but to find the site she suggested that people go to www.ftb.ca.gov and type “new home credit” in the search box on the front page.


Source: http://www.walletpop.com/blog/2010/03/26/california-extends-popular-homebuyer-tax-credit/
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Here is an Important Update (04/01/10): The 2010 New Home Credit and First-Time Buyer Credit begins May 1, 2010.

The New Home / First-Time Buyer Credits are available only for purchases that close escrow on or after May 1, 2010.

These tax credits are available for taxpayers who purchase a qualified principal residence on or after May 1, 2010, and before January 1, 2011. Additionally, these tax credits are available for taxpayers who purchase a qualified principal residence on or after December 31, 2010, and before August 1, 2011, pursuant to an enforceable contract executed on or before December 31, 2010.  The purchase date is defined as the date escrow closes.

These tax credits are limited to the lesser of 5 percent of the purchase price or $10,000 for a qualified principal residence. Taxpayers must apply the total tax credit in equal amounts over 3 successive tax years (maximum of $3,333 per year) beginning with the tax year in which the home is purchased. The tax credits cannot reduce regular tax below tentative minimum tax (TMT). The tax credits are nonrefundable and unused credits cannot be carried over.

The total amount of allocated tax credit for all taxpayers may not exceed $100 million for the New Home Credit and $100 million for the First-Time Buyer Credit. However, since many taxpayers will not be able to utilize the entire tax credit, the legislation specifies that the $100 million cap for the New Home Credit will be reduced by 70 percent of the tax credit allocated to each buyer and the $100 million cap for the First-Time Buyer Credit will be reduced by 57 percent of the tax credit allocated to each buyer. We will allocate the tax credits on a first-come, first-served basis.

Only one tax credit is allowed per taxpayer. If a taxpayer qualifies for both tax credits, the law specifies that we will allocate the amount under the New Home Credit.

Check this page often. You can view more updates as they become available.

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Mar
10

Trustee Sales & Bid Tips

Posted by: Kole | Comments (5)

How Soon Should The Bid Price Be Available?

Things are happening at the trustees’ sales these days.  The most interesting change is the greater number of interested people who attend.  It makes you wonder what attracts them now.  Why are more and more people now bidding at the trustees’ sales–while the number of properties going to the foreclosing lender also is increasing?  What attracts them? There is no question that the number of properties offered for sale is increasing almost weekly.  It seems obvious then that more and more people are unable to keep their properties in spite of the effort by the government to alleviate the financial burdens that have plagued so many for so long.  But yet, the sheer volume of available properties can’t be the magnet that draws those who attend the sales.  Each buyer there is seeking available properties at a discount–that is a property available at a price significantly under the market price when the property is offered by the foreclosing lender at price at or near the amount due on the loan. As you know, the non-judicial foreclosure process in California starts with the recording of the Notice of Default which alerts the delinquent owner that the lender has not been paid as promised on the Promissory Note and will take action unless a specified amount is paid within a certain date,  This is followed by the recording and publishing of the Notice of Trustee’s Sale which informs the defaulted owner that the property will be sold at a public auction on a specified date unless further action is taken by that owner to stop the foreclosure. The trustee, who handles the foreclosure for the foreclosing lender, follows a procedure outlined in California Civil Code 2924.  This requires the trustee to record and publish the amount due the lender at the trustee’s sale.  Those who bid successfully at the sale in cash or cashier’s checks must exceed the amount shown on the Notice of Trustee’s Sale and will ultimately received title to the property.  So far, there is nothing different here than has not been happening at such sales for many years–but wait, there’s more! Unpaid lenders have to evaluate their options carefully when borrowers become unable or unwilling to continue making payments on the loan as agreed on the signed Promissory Note and Deed of Trust.  First of all, let’s agree that the lender will take those steps that are in the best long-term interests of that lender.  If the lender is convinced that initiating the non-judicial foreclosure process is the next logical step, the trustee will begin the steps outlined above. We know that the lender is permitted to foreclose on the amount due on the foreclosing loan–including unpaid principal, interest, late charges, penalties, and trustee’s fees and costs.  The lender cannot require the delinquent owner to pay more than the amount due, however that lender has the option to offer the property at the trustee’s sale for less than the amount.  Once again, the lender can be expected to do what is best in that lender’s interest. Most institutional lenders have concluded that simply foreclosing on the delinquent borrower can be a risky process for the lender even under the best of circumstances.  As a matter of fact, such lenders usually have a “Loss Mitigator” in their REO department whose job it is to minimize the costs of foreclosure for the lender if and when such a step becomes necessary. I have heard that lending institutions estimate that the total costs of foreclosure to the lender approach $45,000 to $65,000 from the acquisition of the property when no third party bid is received at the trustee’s sale to the ultimate completed sale of the property to a qualified buyer.  (Is this an urban legend?) If that is a true figure, it is easy to see why such lenders do not warmly welcome the addition of another foreclosed property to their swelling inventory of REO properties. One obvious way for the lender to sidestep such costs is to lower the amount due that lender to an amount that becomes attractive to the third party bidders who attend the trustees’ sales.  When the local residential market of available properties escalates and more properties are dumped into that market, almost no one becomes the winner at a foreclosure.  Yet, it is possible to see that getting the property off its books has to be a realistic goal for many lenders.  It is obvious that some lenders have come to that decision and are deciding to take that catastrophic step with an unhappy shrug. Each bidder at the trustees’ sales will periodically check with the trustee of the foreclosing property to see what changes have been made in the interim that will affect the buyer’s interest in the purchase of the property.  In order to minimize the volume of interrogations received by the trustee on any one sale, the final bid amount at which the property will be offered by the trustee on behalf of the lender normally is not given until 24 hours prior to the sale–and sometimes at a time even closer to the actual published or postponed sale date and time.  It is obvious that a larger number of potential bidders will attend the sale of the property if the sales price is substantially lowered at as early a time before the sale as possible–and not just a day or an hour before the actual auction of the property. This being true, it makes good sense to conclude that the foreclosing lender (and therefore the defaulted owner) benefits from the early disclosure of a substantially discounted offering price at the trustee’s sale–thus giving time for the potential bidders to gather sufficient funds with which to bid most competitively.  If the final opening bid chosen by the lender is to be substantially less than the amount due that lender, an early release of that bid amount will encourage more bidders to participate, and a higher property bid will be realized by the lender.  Isn’t it time to require lenders to make that critical decision at least 24 hours or more before the actual sale–and to make that minimum bid amount available to the public as quickly as possible? By Warren Racine

Warren will be presenting at FEC

on March 25- come out to network,

meet Warren and learn more.

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Feb
28

Trustee Sales Tips

Posted by: Kole | Comments (0)

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Examining All Debt is Critical

Buying residential properties at the trustee’s sale continues to be the major goal of many successful foreclosure buyers today and in the recent past.  Probably the most attractive reason for this continuing interest is the fact that properties can be sold by the lender through the trustee at the trustee’s sale solely for the amount of the unpaid debt due that lender with a minimum bid unrelated to the fair market value of the property.  In addition, debt recorded after the date of recording of the foreclosing loan secured by the property is eliminated after the sale.

Any debt recorded between the date of recording of the grant deed and the date of recording of the foreclosing loan remains with the property when purchased at the trustee’s sale.  Any debt recorded after the date of recording of the foreclosing loan is wiped out.  The wipe-out of junior debt can add significant equity to the property purchased at the sale.

Our goal continues to be to purchase a property at the trustee’s sale with as much equity as possible.  The equity we seek is defined by the current fair market value of the property minus the debt securing that property and costs of repair and resale of the property.  Uncovering actual fair market value is not difficult to obtain through the tools available to us today.  On the other hand, uncovering debt is a more complex process.  This means that our chosen property must be examined carefully for the debt securing that property before purchase.

As discussed earlier, we already made a major step forward at this point because the deed for the property owned by the defaulted owner was identified at the county recorder’s office to be a full-valued grant deed.  We found that the documentary transfer tax on the grant deed from the seller to the defaulted owner showed that the county had taxed on the “full value of the interest of the property conveyed”.  That means any debt in the seller’s name securing the property before the date of recording of that grant deed is eliminated, and all debt from the recording date of that grant deed to today’s date must be in the name of the defaulted owner.  Piece of cake!   The county recorder’s office organizes all recorded documents chronologically under the name of the owner and indexes each document with a document number and recording date for easy access.  Our next job, then, is to examine the images of those documents and report pertinent data sequentially for title changes and debt acquisition and release.

In some cases, the number of documents recorded under the defaulted owner’s name can appear overwhelming, so we are going to limit our search to those documents that only affect title and clearly define debt.  Unless the property appears to have a huge amount of equity, we prefer to choose a property owned by a defaulted owner with an uncommon name (we want less confusion of title and debt among people with identical names) and a person without an unusual number of liens, loans, and judgments recorded against that owner (we want to minimize the number of documents to research). On that basis, we probably can research title and equity on one property at the county recorder’s office in less than thirty minutes.

There are literally hundreds of kinds of documents recorded in the names of owners of real estate in this state, but we are going to limit our examination and reporting to those documents affecting the transfer of properties between owners and those documents that tell us who can and cannot add debt as title holders on the chosen property.  Of course, the primary goal is to examine all documents that affect debt securing that property.

It is probably best to group the documents to be examined.  There are recorded documents that hold our immediate attention and are always examined carefully.  Certainly documents affecting and changing ownership rights and obligations will be examined like grant deeds and inter-spousal transfers of title. We will examine all documents that apply debt to the property such as deeds of trust, mechanics liens, abstracts of judgment, state income tax liens, federal income tax liens, notices of assessment, etc., and documents affecting that debt like notices of default, notices of trustees’ sales, and rescissions of notices of default. Some documents which don’t directly add debt but affect how debt is handled like reconveyance deeds (which show evidence that trust deeds have been paid) and subordination agreements (which interchange priority of one loan and another loan) also must be carefully noted.

Each of the documents which affect the accumulation of debt is important.   Some of these recorded documents, however, can introduce uncertainty to the actual amount of debt securing the property and therefore would not be acceptable if recorded against our chosen property.  A good example would be the abstract of support judgment which does not show the amount due on that judgment.  Another is the lis pendens. “In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.” (Wikipedia)

Happily, a number of other documents commonly found in the documentation under a property owner’s name are of little interest to us and do not have to be recorded.  These include the assignment of a deed of trust, request for notice of default, and substitution of trustee.  These ubiquitous documents do not affect the amount of the debt secured by the property, and therefore are not added to our accumulated reporting of title and debt on the chosen property.

Interestingly, not all debt information is accessible at the county recorder’s office.  We must also check with the county tax collector to uncover real property taxes for the current and prior tax years and add such taxes to our accumulation of debt.  Such unpaid taxes can have a heavy effect upon the equity anticipated in the purchase of properties at the trustee’s sale.

In order to facilitate the gathering and reporting of accumulated debt, we usually use a unique form that lists data easily obtainable from the Notice of Trustee’s Sale at the top and then add the available data line by line below from the county sources which emphasize a) the title of the document, b) the grantor, c) the grantee, d) the document number, e) the date of recording of the document, and f) the amount of debt unique to that document.

Our goal, of course, is to summarize all recorded debt which would accompany the property if bought at the trustee’s sale.   From the previously uncovered fair market value of the property (with related costs of purchase and resale) and our accumulated estimate of debt, we are able to determine with some accuracy the residual equity prior to the purchase.

By Warren Racine

Warren will be at FEC on March 25th-

come out to ask questions, to network

and to have some fun.


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Feb
08

Hey! That’s my property!

Posted by: karen | Comments (0)

Have you ever heard of Property Fraud Alert?

I think this is a handy little service to have as part of your real estate tools because things happen- especially when we get really busy juggling multiple properties, we can miss something until we go to sell  t he property.

Well, this handy little service can ward off  a few un-welcome surprises.

It was designed to ward against mortgage fraud. It could be something as simple as someone recording a document to have it appear that they own your property-without your knowledge.

Property Fraud Alert is offered in certain counties. Should you decide to check out the site, it’ll ask you for the name(s) you’d like for them to monitor and the email address where you’d like to receive document alert  notification.

If ever something is recorded in your name, you are immediately notified via an email alert with the following information:

  • County Location
  • Document Number
  • Document Type
  • Recorded Date
  • Party Name(s)

The only downside that I see to this service right now is that it’s not offered everywhere.

If  this sounds like something that would help you- Head on over to Property Fraud Alert and enter your zip code to determine if yours  is a county that they serve.

Property Fraud Alert might be just what you need to help you protect your valuable property investment.

Karen


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Chuck Isola has shared this Morgage News with us.    Read this interesting announcement by President Obama.

On November 6, 2009, President Obama signed a bill into law that immediately extended the popular tax credit program offering up to $8,000 for qualified first-time homebuyers (FTHBs) into the first half of 2010.

The bill also instantly expanded the program, offering up to $6,500 in tax credits for qualified repeat home buyers, swinging open the door for even more qualified homebuyers to take advantage of this valuable opportunity at a time when mortgage rates are still near historical lows.

First-Time Buyers

For FTHBs (defined as someone who has not owned a primary residence in the previous 36 months, prior to closing and the transfer of title), the basic rules remain the same, with one important exception – higher income limits are now in place, increasing the pool of potential buyers eligible for the tax credit of up to 10% of the purchase price or up to $8,000. This is money that does not have to be repaid as long you stay in your new home for at least 36 months.

Single tax filers who earn up to $125,000 are now eligible for the total credit amount. Those who earn more than this cap (but less than $145,000) can receive a partial credit. Joint filers who earn up to $225,000 are eligible for the total credit amount. Those who earn more than this cap (but less than $245,000) can receive a partial credit.

Repeat Buyers

The new homebuyer program offers an exciting new opportunity missing from the previous incentives — 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. This gives those who already own a qualifying residence some additional reasons to take advantage of lower home prices and interest rates and finally move up to the home of their dreams.

Important Deadlines

Purchase agreements must be signed by April 30, 2010, and closings must be final by June 30, 2010.

Get the Facts

There are other important rules and guidelines you must meet to qualify for this great opportunity. So, if you or someone you know has missed out on the first two home buyer tax credit programs in the last two years, don’t wait. Give us a call today. We’ll gladly review your situation and see if you can benefit from this new and improved program.

By Chuck Isola,  Mortgage Banker, Benchmark
(707) 775-3300

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This article has been shared by Forest Jinks.

Only two topics of discussion are included in the month’s update but only two topics doesn’t translate into a shorter Update.

Lets get right into it.

More Real Estate Mess to Come?

The relative strength of the real estate market over the past several months has been a beacon of hope for the Bulls expecting a great recovery from our economic woes. This is especially true of California where prices have risen considerably from their lows. National sales indicate a bumpier ride with December sales falling 17% from the year prior (California sales increased 17% over that same period). But even calling for a bumpy ride probably doesn’t do justice to how ugly the picture really could turn out to be. There are three main factors that point to more pain, lots more pain, within the real estate market.

The first pertains to the foreclosure world, of which indicators are commonly reported in the press.

Foreclosureradar.com, a foreclosure tracking website that should know better, trumpeted a decrease in foreclosures towards the end of last year. What they didn’t mention is that foreclosures are down not because loans are strengthening but because lenders aren’t foreclosing. Every day partners and I are tracking foreclosures, hitting the streets to do our research, and standing at the trustee sales hoping a bank will drop an opening bid low enough to create the financial incentive to deal with the property problems for the bank. It is not uncommon for us to come across evidence of properties being in the foreclosure process 10 – 12 months, having had their appearance at the auction postponed again and again and again. This holds true even to vacant properties, many with open access and already completely trashed. Why would the bank not foreclose on that property? The foreclosure picture probably won’t get better for some time yet to come. The majority of loans now entering default were originated in 2006 leaving
2007 loans still to cycle through before seemingly clearing out the high priced loans. But then we have to deal with the crisis of the highly leveraged cheap credit created by pushing FHA loans since 2008. Already over 20% of the FHA loans made in 2008 and 2009 are in default.

This speaks nothing to the impact rising interest rates could have on mortgage resets, and rising interest rates are almost assuredly coming within the next few months. During the credit boom the many buyers for loans were buying the packages of debt, slicing off different layers of it, and then selling it for huge profits. When the real estate market crashed so did the desire to buy loans. At the present, only Fannie Mae is a dependable buyer of loans and she is fast running out of money. Did anyone notice that the home finance world has been nationalized? Fannie Mae is fully a government agency and is basically the only supplier of home finance. The government has already extended the borrowing/lending limits of Fannie Mae but again F.M. is fast approaching its limits.

What happens this time?

Will the government again extend the limits (probably) but will the government be able to find the money to extend the limits? The money to buy the loans is created largely by the sale of government bonds. How long will investors have an appetite for this government debt backed by loans that are racking up increasing rates of default? Because the federal government determines the interest rates at which Fannie Mae will buy loans, it has created an artificially low run of mortgage rates. Should Fannie Mae stop lending no private buyers are going to step in unless the yields are much higher, necessitating an increase in interest rates charged to borrowers to create the higher yields. Increased interest rates directly cause a decrease in affordability, limiting the buyer pool and reducing the price that the remaining buyers are able to pay for a property.

The third factor is commercial real estate. Some are saying that because everyone is expecting commercial real estate to collapse that it won’t, since no one ever expects what happens to happen. But maybe what is unexpected is how big the problem may end up being.

The FDIC greatly loosened bank guidelines in regards to the bank’s ability to rewrite existing loans and to real estate on their books. Not only are these changes artificially propping up the value of the remaining real estate (since the distressed transactions aren’t occurring), but also decreasing the amount of cash banks are willing to loan as they hoard money as defacto reserves for when the FDIC does an about face and changes their policy.

There is nothing pretty about any of the above from a market perspective, but with change comes opportunity and any or all of the above may create great opportunity within the markets.

What can I do about it?

As I promised last month, a majority of this month’s Update will be spent responding to email responses I received regarding the November Update (click here to view). One particular email received from David Campbell (a well respected real estate entrepreneur) got me thinking. His email rhetorically asked, “I agree with you, but what can we do about it?” The question itself can be taken at two different levels, both of which need answering. The first is the personal level, that is to say, how do I individually invest or run my business so I can deal with the current (and future) economic political climate. The second is in the broader sense pertaining to each of our personal impacts on the national or international decisions being made.

Let’s start with the personal level. In November I alluded to the lack of national financial literacy as it pertains to what I opine as poor policy decisions being made. This was shown to be especially true among the populace of Oregon State this past week as they voted to change business tax from being taxed on income to instead be taxed on revenue. With a tax rate of just under 9% this is a massive change in the income statement of businesses operating within the state. There are many businesses that do not have net margins large enough to cover the increase (supermarkets for instance) so to stay in the black they will necessarily have to increase their price to the consumer, the same consumer who voted for the change in taxation. Even at the lowest levels of financial literacy the damage done to the consumer (voter) can easily be understood, and yet over 50% of the voting population didn’t have the financial literacy to vote no on the measure.

The importance of financial literacy cannot be emphasized enough, especially in unsettled times. Those that can understand the effects of decisions being made and react to them will be able to benefit, rather than be hindered by changes in any market. That isn’t to say the most informed will never lose because all of us, even Mr. Buffett, are sometimes taken by surprise. However, having the financial literacy allows us to hedge against those surprises and win the war even if we lose an individual battle. An especially poignant example of this is Germany after World War 1. Having been defeated in the War, Germany (and their allies) was forced to pay retributions to the victors as part of the peace settlement. While this and their war debts reduced fiscal policy choices, it was ultimately choosing a horribly short sighted direction that led to annual inflation rates that reached as high as 182 billion percent (yes billion). According to calculations by historian Niall Ferguson, prices at the end of 1923 were 1.26 trillion times higher than they had been in 1913. This is mentioned not to bring comparison to the potentials of the US economic future but rather to give context to the following quote from Ferguson’s writings on the effect of the inflation, “This (the inflation) amounted to a great leveling, since it affected primarily the upper middle classes: rentiers (those that owned bonds or lent money), senior civil servants, professionals. Only entrepreneurs were in position to insulate themselves by adjusting prices upwards,…investing in real assets such as houses and factories and paying off debts in depreciating banknotes.”

Not everyone is in the position to be an entrepreneur, but by being entrepreneurial in our thinking, by increasing our financial literacy, and being willing to partner/invest with those entrepreneurs that are on the streets, those that aren’t or can’t be entrepreneurs in deed can still benefit from being entrepreneurs in thinking and investing. And I am defining entrepreneurial investing as both real estate investing (assuming it is real estate entrepreneurialism not speculation) and investing active or new businesses. As with any type of investing, not all real estate or real estate entrepreneurs are good places to place money, and not all businesses are a good place to put money.

On a more macro level financial literacy also is important. As has been said by ones much wiser than I, if we wish to find a trait in another we first must have it in ourselves. Although one could hope, it is not surprising our politicians do not have strong financial/economic backgrounds when the population voting them into power is so poorly educated in those same disciplines (as shown by the Oregon vote already mentioned). If, by being educated myself I am able to educate another who in turn could educate another, maybe our society could become financially educated enough to make better societal decisions, or at least put enough pressure on the politicians that bad policy could be averted. In the natural sciences it is commonly understood that all of natural sciences, boiled down to their smallest and most basic increment, are governed by physics. While not as commonly believed, especially by those most heavily involved in the study of each independent social science, economics is truly the base of all things societal. Without a strong economic base progress isn’t made, innovation goes unfunded, art isn’t created, and society eventually reverts back to the governing that democracy is supposed to overcome – that is rule by the few strong, rich, or powerful. While a much more comprehensive study and argument can be made showing this to be true throughout history, one needs only to look at the economic systems and social states of the world’s poorest countries. One needs only to look at societies who are most rapidly increasing their standard of living. Or one needs only to look at those countries, that despite the societal and natural inputs needed, are falling behind. Hopefully by increasing our countries financial literacy we may be able to start repairing the economic base of the country and with the benefits achieved be able to tackle and solve some of societies other issues. As a starving man does not care of the benefits of art, neither can a weak economic base support fixing the problems of a society.

To give a more developed answer the question “what can I do?” we must also contemplate the choices our government has in dealing with the issues before it. Cliff notes of some of the issues: #1. By 2019 the current administration expects interest on the national debt to increase to $700 billion per year from the current $200 billion (this does not take into account the probability of interest rates increasing during that time period). That $500 billion increase is more than the 2009 federal budget for education. That increase is more that the 2009 federal budget for energy, or homeland security, or Iraq, or Afghanistan. In fact, that $500 billion is more than the 2009 for all those things I just mentioned combined. That interest has to be paid some how, but how? #2. Social Security – All of our personal social security accounts are currently unfunded. Long ago the money in the Social Security fund was pulled out for other uses and instead S.S. depends on the deposits of current tax payers to fund current obligations, even though those current taxpayers are supposedly building their own sum of pension distribution. This becomes especially worrisome as life expectancy increases and the massive baby boomer generation inches ever closer to retirement and social security receipt. Stay tuned, by 2015 (or possibly before) this topic could dwarf our current economic issues. #3. The government payroll, paid for with tax payer money, continues to grow in terms of absolute dollars through both increased headcount and increased per head compensation. In Oregon for example (I don’t mean to pick on Oregon), despite mandatory furloughs due to budget shortfalls, average compensation of state employees increased from the previous year. Additionally, the state increased its headcount by 1700 workers. I view this utter lack of financial responsibility as fiscal fraud against the tax payers of state. As another example of bloated government, consider California and its mandatory furlough days. Much to the surprise of no one the state has continued to operate without much of a hiccup. Since the furloughs roughly equate to 1 day every two working weeks this should allow for a minimum of a 10% reduction to the state workforce without a reduction in services offered. Government bureaucracy is the ever strengthening monster that feeds upon the hand that feeds it. When does the momentum of growth and the power of the government become so great that it is impossible to change its path?

How is a government to deal with such massive problems (if it even admits that they exist)? In truth, though not in preference, it may require a social unrest event, with the result of the unrest being true structural change. But we hope this isn’t so and hope instead that our politicians decide to make difficult choices now to avert large future consequences. In the book Talent is Overrated the authors discovered through their studies that to become great at anything, whether it is chess, music, sports or business, a person must put in roughly 20,000 of focused practice, with focused practice being the key. Most of us never learn how to do focused practice because it is a difficult and stretching event done repeatedly. The result, however, is excellence. For the US (although this also applies to Western Europe and Japan) to stay strong (or regain strength depending on your point of view), our politicians must put in the painful “practice”. That is to say right now is the practice time that will result in the country either being great or diminishing.

One particular solution to the Social Security issue is to follow the footsteps of Chile, who is a true success story of the past couple decades. In the early 70s Chilean leaders’ efforts to run the country as a pure socialist society had imploded and the country was a mess. Over the next decade under the leader of a brutal (although ultimately successful) dictator, the country floundered, trying to deal with extremely high inflation and a social care system that was bankrupting the country. Along with other successful policy changes, the true beacon of growth was unleashed in the early ’80s when the labor minister managed to covert a majority of the population from a state run pension fund to a personally managed fund. Since that time Chile has soared to the front of the South American class with the private pension funds averaging 10% annual returns, having a poverty rate at 15% (compared to 40% in the rest of S.A) and having 15 consecutive years of economic growth at over 3% year after the conversion (vs. 0.17% in the preceding 15 years). Just this month, and despite the world recession, the Chilean stock market hit its record highs. Additionally the government is currently a stable democracy and the country safe for its citizens and travelers. In the Chilean example (developed and preached by 1976 Nobel prize winner in economics Milton Friedman) it was the return of a country from a social net styled political and economic system to one where individuals held their own responsibility. Not only did this policy change greatly affect the economic path of the country, but I am sure, as more individuals understood that their decisions were directly affecting their personal future, financial literacy increased. The policy change encouraging individual change and individual change strengthening policy change. I view this as something also needed in the US.

As always, please feel free to email with comments or questions and also check out twitter.com/forrestjinks for short economic thoughts throughout the month.

For those in the North Bay area looking for something to do on the evening of Thursday February 25th, I will be giving a brief presentation on real estate investment opportunities within a distressed market.

Forrest Jinks

Forrest can be reached by calling 707/536-1711 or visit www.altusequity.com for more info. ?

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