OFHEO director comments on Federal Housing Finance Reform Act 2007

May 23, 2007 at 12:21 pm | In housing bubble, housing market, legal, politics | Leave a Comment

“We commend Chairman Frank and Members of the U.S. House of Representatives for passing a balanced bill that will strengthen the nation’s housing finance system by enhancing oversight of Fannie Mae, Freddie Mac and the Federal Home Loan Banks.
H.R. 1427 gives the new regulator the tools necessary to ensure the safety and soundness of the GSEs so they fulfill their congressionally-established mission, especially affordable housing. It is noteworthy that there was virtually universal agreement by all Members of the need to create a new and stronger regulator for the housing GSEs.
We recognize that a few issues remain and we pledge to continue
working with the House and the Administration on those issues. We are hopeful that the Senate will act quickly on this important legislation.”

JAMES B. LOCKHART, DIRECTOR, Office of Federal Housing Enterprise Oversight (OFHEO)

The war against Zillow.com

April 24, 2007 at 7:49 am | In legal, zillow | 5 Comments

It had to happen sooner or later; The Arizona Board of Appraisal recently sent two cease and desist letters to Zillow.com , ordering them to stop offering its free “zestimate” service in the state; however, Arizona state representative Michele Reagan intervened on their behalf stating in a press release that:

Arizona homeowners can still access their “zestimates” with the preliminary approval Monday of a bill that bars the Arizona Board of Appraisal from torpedoing online businesses that provide property value estimates.
An amendment sponsored by Rep. Michele Reagan to SB1291 allows web sites to offer free opinions regarding the value of real estate if it is not an actual appraisal. The bill impacts most notably Zillow.com, which provides free estimates of a property’s value.
“Zillow.com provides a valuable resource for Arizonans and an unelected board’s desire to hamper consumers’ efforts to get as much information as possible makes no sense,” Reagan, chairwoman of the House Commerce Committee, said. “Instead of protecting Arizonans, the Board of Appraisal wants to stifle access to valuable market information.”
The bill received initial approval Monday and is expected to get a vote on the House floor this week. The bill then goes back to the Senate for final consideration.

So Zillow, for now can still operate legally in Arizona, and the website has a strong defense against the Appraisal board, because the information they aggregate on the website is already publicly available. Where Zillow breaks new ground is that they package all of the information “in one place for everyone to see, for free.”

For years, people have been talking over backyard fences, in the grocery store lines, and in coffee shops about homes — whether they’re for sale or being remodeled or they’re just plain interesting. We’re laying the groundwork for the Zillow community — where homeowners, buyers, sellers, and real estate professionals become a vital part of the conversation about homes. [http://www.zillow.com/corp/TheBigIdea.htm]

David Gibbons, a Zillow communications officer further clarified their position in a comment on the Freakanomics blog last week:

Zillow is definitely not offering an appraisal. Zestimates are a starting point for researching house values, not the final word. I’ve actually spoken with homeowners whose Zestimate prompted them to get an appraisal. We have appraisers advertising on our site.

As Greg Swann rightly points out, what the board in Arizona is really doing is looking to protect the jobs of their members (i.e the appraisers). From the boards website, it obviously costs money to become a member or gain a license, so there is certainly a strong economic incentive for the boards actions.
Here in the UK, services such as Hometrack and UK Valuation offer a similar “comparable” service such as Zillow. The difference is that these comparable valuations are now being accepted by some lenders as legitimate. UK consumers no longer have to seek RICS qualified appraisers in some circumstances. In fact the AVM business model played a prominent role in Rightmove’s HIPs business strategy last year.
At the moment, Zillow is free to use and gets its money from advertising. I suspect that what the Arizona board is really scared of is that one day, they’ll start getting paid for their zestimates

Yes, verbal contracts are legal

December 20, 2006 at 11:32 am | In debt, legal | Leave a Comment

December 20, 2006
By Steve Bucci bankrate.com

Dear Debt Adviser: In June 2006, my then-boyfriend loaned me $25,000. We have a verbal agreement that I will pay him $500 a month, starting in March 2007, at a percentage rate of 7.70 percent, for 60 months.
We have since broken up, and he has drawn up a promissory note for repayment, and included new items such as late fees, demand of loan repayment in entirety if I am late three times, filing for bankruptcy, etc. In other words, he is trying to get me to sign something that was never agreed upon.
What steps should I take? I have no problem paying the money back as originally agreed to verbally, but I do not agree to the terms he is trying to implement six months after the fact.

– Shannon

Dear Shannon: $25,000 — now that’s what I call an early Christmas present! I also would call it foolish on both your parts, and if you stepped back and took an unbiased look, you probably would, too.
I often tell readers to match the term of the debt to the useful life of the item. Thirty years for a mortgage is OK, but paying the minimum on a credit card for seven years for a meal out is not OK. Obviously, the term of your relationship did not match the financing you chose. Here’s the bottom line: He has to live with the original agreement, and you have to live with his whining for the next five years, three months. Sounds like a bad deal all around to me.
Be aware that if you decide not to repay the loan, your ex-boyfriend is not without options. Although you only have a verbal agreement between you, state and federal laws exist to enforce verbal contracts.
An oral agreement is considered legally enforceable if it meets certain conditions:

• It must contain essential contractual terms.

• The terms must be sufficiently precise to allow for enforcement.

• All essential terms must be identified and not left to future agreement.

From what you have described in your letter, it appears that all the necessary conditions are included in your agreement and, therefore, it constitutes a legally enforceable agreement. You may want to check with your attorney to get definitive advice. Your attorney may be able to come up with a written agreement that will retain your rights and satisfy your ex so he doesn’t call you every month.
I’d suggest you give in a little so he can at least save some pride and have the appearance of a loan based on something other than hormones. Believe me, his buddies know about it already, and it would be a great Christmas present for him if you could give him a dignified way around his current situation.
I hope you and your ex are able to come to a written agreement, or if not, that you honor your verbal one.
Visit www.creditcounseling.org or call (877) 311-2227 for additional debt advice.

She’s still in the house

December 2, 2006 at 9:19 am | In bahamas, celebrity, legal | Leave a Comment

At least until February, as lawyers go back and forth in the Anna Nicole eviction saga. TMZ has a pdf copy of the latest judgment

Anna Nicole eviction update

November 5, 2006 at 12:07 pm | In bahamas, caribbean, celebrity, legal | 12 Comments

Anna Nicole Smith’s scheduled October 31st eviction has been postponed; the former topless model has filed an injunction at the Bahamian Supreme Court, claiming ownership of the million dollar mansion known locally as “Horizons”; whose ownership is also being contested by North Carolina developer G. Ben Thompson.
In a press conference last week, Thompson claims that Smith “never paid a nickel on the house,” and that all the money to “facilitate the purchase” came directly from him. Thompson who admitted having a “short relationship” with Smith now wants her evicted from the property.

[Developer G. Ben Thompson (center) flanked by his son-in-law and attorney]

Thompson also admitted having no knowledge of Smith’s finances, but was apparently of the opinion that she would have repaid him the money either from photo shoot work, or from the settlement she’s expecting to get from litigation surrounding the estate of her late husband J. Howard Marshall.
Smith claims that Thompson gave her the house “as a gift“; and Thompson’s son-in-law admitted that the deed was “conveyed in her name,” because she “needed utilities to be cut on” but was never recorded.

“We had numerous conversations and I have e-mail correspondents up until the 27th (of October) where she in her e-mails stated that she would start making payments. We told her as far as payment for the house, we did not want her to pay us back the next day. We considered it would take a year for her to pay us back. We told her to pay us when she could but we needed the note and mortgage signed to protect our interest” claims Thompson’s son-in-law.

Outside of the “whose your baby daddy competition“, the Smith scandal is creating significant political embarrassment for the Bahamian government, with the explosive accusation made by Smith’s lawyers that a popular local government minister accepted $10,000 in order to “fast-track” Smith’s Bahamian residency application.
And in related news, Smith has also filed a conflict of interest claim against Nassau based law firm Callenders & Co; who are currently siding with the developer in the battle for Horizons; with Callender’s lead attorney now claiming that an agreement had indeed taken place between Smith and Thompson for her to pay back the mortgage.

Anna Nicole evicted

October 24, 2006 at 12:34 pm | In bahamas, caribbean, celebrity, legal | Leave a Comment

Former Playmate Anna Nicole Smith, who recently buried her 20 year old son, days after giving birth to her daughter was ordered to leave her Bahamian residence by Oct. 31, according to People Magazine.
G. Ben Thompson, a US based developer, claims ownership of the property where Smith lived; claiming he purchased the house for her for just under $1 million in August of this year as a favor to Smith, whom he “befriended” after meeting her through neighbors in mid-2005. Thompson says that Smith was supposed to buy the house from him, but Smith says the house was “a gift”.

STOP PRESS

In related news, California photographer Larry Birkhead, is now claiming paternity of Smith’s new baby and has filed papers in a California court to establish paternity and obtain legal custody of the child. Smith was also served in this matter in the Bahamas, where last week she held a commitment ceremony with her attorney, Howard K. Stern, who also claims to be the baby’s father.

Jamaica controversy: too much hotel development

September 18, 2006 at 2:39 am | In caribbean, development, environment, hotels, jamaica, legal | Leave a Comment

Some Jamaican resort towns have exceeded the level of development recommended by the Tourism Ministry, raising fears among environmentalists and officials that the infrastructure is coming under strain, according to the Jamaica Gleaner.
In places like Ocho Rios, the carrying capacity is close to being exceeded or being exceeded because of the sheer volume of development that had already taken place there,” claims a tourism minister;

“The tourism development plan stipulated that the maximum number of rooms for the Runaway Bay area should aim for between 500 and 2000 hotel rooms, yet one hotel alone is supposed to have 1900 rooms coming on top of already at least 1500 rooms (in place), the policy is there recommending these things (but) why is it there, if it’s not being given the kind of play?”

In Ocho Rios, a group called the Pear Tree Bottom Land Owners’ Association (PTBLOA) has launched a legal challenge against Spanish-developer Piñero Group, claiming ownership of The Bahia Príncipe, a hotel now under construction. The PTBLOA are demanding that the Piñero Group prove that it has legally purchased the land or relinquish possesion. The hotel now under construction at Pear Tree Bottom in St. Ann is facing a major legal challenge.

Dubai freehold registrations begin

September 14, 2006 at 4:49 am | In dubai, legal, middle east | Leave a Comment

Close to 15,000 freehold properties developed by real estate company Emaar will be registered in the next 100 days, a leading official at Dubai Land Department revealed to Gulf News. The process will see thousands of villas in Emaar projects such as The Springs, The Meadows and Arabian Ranches officially registered in owners’ names.

The news signals the start of a major period of title deed registration, following the announcement in July of areas in Dubai where freehold ownership by non-UAE residents is permitted. “The initial registration of individual plots is a very simple procedure. We will be able to process around 150 per day,” said Mohammad Sultan Thani, director of development and marketing administration at the Land Department.
“The workload will become much heavier when the registration of apartments starts, but we are ready for it.” Sultan Thani explained that initial plot registration is handled by property developers such as Emaar and Nakheel and takes no more than five minutes to process.

Bankrate.com under legal scrutiny

July 16, 2006 at 3:06 pm | In legal | Leave a Comment

Bankrate’s legal battle traces back to 2002, when online mortgage lender American Interbanc Mortgage LLC, of Irvine, Calif., sued several lenders advertising on bankrate.com, accusing them of false advertising. It added Bankrate as a defendant a year later, alleging Bankrate ignored evidence of bait-and-switch advertising and yielded to pressure from other defendants to kick American Interbanc off its Web site. The suit, being heard in Orange County Superior Court, seeks $16.5 million in damages and a minimum $33 million in punitive damages, according to a Bankrate regulatory filing.
continued …

Fingerprinting made mandatory for Florida estate agents

April 30, 2006 at 10:50 am | In agents, florida, legal | Leave a Comment

Pursuant to Florida Statutes, electronic fingerprinting will be mandatory for all real estate sales associate and broker applicants, effective July 1, 2006. link

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