We recently got this great question from one of our agents, Theresa Jones. Evidently one of her clients had asked the question and she passed it on to us. While the word estoppel has a few definitions, the word has a specific application in the world of real estate.
The Free Dictionary by Farlex describes it as:
“A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.”
In a real estate transaction an estoppel certificate affirms the lease or other agreements between the owner/landlord and the tenant such as length of lease, security deposit(s), past due payments if any, special agreements or extensions between the owner/landlord and the tenant. This is a document that a buyer or lender might request in order to verify the actual lease terms and to be certain that no “special deals” such as first right of refusal or purchase options exist that were not previously disclosed. Estoppel certificates are most usually seen in commercial transactions and multi-unit transactions.
I really like the term digital curator. There is so much information available on the web, it’s a valuable service to have someone find the good stuff and display it in an organized format. I try to do that for you. Today, I received and email from an agent who did it for me. Wonderfully helpful.
No reinventing wheels around here…
Phil,
Here’s an e-mail I sent to some clients, who are just now realizing they have to pay above list price:
I’ve been reporting the changes in the Phoenix real estate market for a few months now. Other agents are adding their observations too.
Phoenix homes have now had 7 consecutive weeks of increased median sales prices. From a low of $162,717 in early April to this week’s $173,909, a price increase of almost 7% in less than 2 months! The number of Phoenix home listings has dropped 30% since January. More details here:
http://uglyhousephotos.com/wordpress/?p=9087
I analyzed the sales data from April for the entire Phoenix metro area. A market with a 6-month supply of homes is considered a balanced market (buyer-seller). February and before, we were seeing 9-12 months of inventory, a buyer’s market. That number dropped to 5.2 months in April, with homes only down to 4.6; that’s a seller’s market; May will turn out even lower. Charts & details here:
http://uglyhousephotos.com/wordpress/?p=9036
The LA Times reported on Sunday that Phoenix real estate went from bust to boom, with multiple offers now:
http://www.latimes.com/news/nationworld/nation/la-na-phoenix18-2009may18,0,7979477.story
This agent found that the available inventory of bank-owned foreclosure listings went from a 3.6 month supply a few months ago to only a ONE month supply today. Today there are only half the number of available foreclosure listings we had 3 months ago. That’s why we’re seeing multiple offers:
http://www.phoenixrealestateguy.com/sunday-stats-a-look-at-bank-owned-homes-in-phoenix/2306
This agent also found that list prices are starting to go up, not down:
(Article has been removed)
I hope this information helps explain why things seem crazy in real estate right now.
Thank you,
Leif Swanson, Realtor, John Hall & Associates
Welcome to this weeks edition of flexmls feature friday. Today I would like to talk about the Cromford Report integration that took place last week. Hopefully you are aware of it, especially since ARMLS sent an announcement email to all subscribers. In today’s episode, I plan on showing you where to find the new reports, why they are cool, and 3 ways to use them.
To find the reports! Pick a search, any search. Once you have a list of properties up on your screen click that little tab in the upper right that says Detail. Then select the tab under Detail (to the right a little bit) that says Statistics. Choose City Report or Zip Code Report. Super simple to find. Here’s a picture in the event this written word is unclear.

What happens next is the awesome part. A new window opens (with a unique web address) and the interactive report is displayed. It looks a lot like this…

The report automagically pulls and displays your picture and contact information from flexmls above four graphs. The graphs are Active Listings, Sales per Month, Price per Square Foot and Foreclosures. (If you are looking at the city report the Foreclosure chart’s labels are NT and TD. If you are looking at the zip code report you’ll see the Foreclosure labels are Notices and Trustee Sales – same thing, different labels.) When the sales volume is too low to produce accurate statistics, a warning indication will display. That way you’re not using insignificant data – pretty cool.
The slick part about viewing an actual report page (unlike looking at the picture of it above) is that they are interactive. You can change the city or zip code right from the chart. If you mouse over the graphs, the data points will show the figures. Also the links at the bottom work. If you have questions about any of the charts or wonder how the data is compiled click the FAQ link. Guess what the Print button does?
Okay so you know where to find them, and what is displayed. Let’s talk about some of the ways to share them.
1. Print – Once you have them printed you can give or show them to people – like in a listing presentation.
2. Link – Since it gives you a unique web address you can create hyperlinks. Examples of where you can use hyperlinks are on your website, in an email, or shared with your online social networks.
3. iframe – If you don’t know what this means, no problemo. It’s simply a way to display a webpage within a webpage. Many website companies – like Superlative – make it simple to create <iframe>’s.
And that’ll do it – Happy Flexmls Feature Friday!
The John Hall & Associates MDA Annual Golf Classic took place this past Monday May 11, 2009. The event was a success – raising more than $18,000 for the Arizona Chapter of MDA. Positive feedback and smiles filled the lunch room after a beautiful day of golf at Eagle Mountain Golf Course in Fountain Hills, AZ. It would not have happened without the culmination of volunteers, sponsors, and players.
Like all charity golf tournaments, ours would not have been possible without the generous donations from many sponsors. The best way to thank them is to send business their way.
The 2009 charity golf tournament sponsors are…
The Arizona Republic / Republic Media
Stewart Title
The Talon Group
Nova Home Loans
Counsel Mortgage Group, LLC
Suburban Mortgage
Old Republic Title
Superlative
Andrew Hull Attorney at Law
Cobra Solutions, Inc.
Thomas, Thomas, & Markson, PC
Tolleson Family Mortgage, LLC
Arrowhead Harley Davidson
Old Republic Home Warranty
Fidelity Home Warranty
2-10 Home Warranty
Grand Canyon Title Agency
PGA Tour Superstore
And of course the players deserve a huge thank you as well. With 112 players coming out in support of MDA we filled the course.
The winners from the day are…
1st Place:
Jim Clifford, Tom Argiroupolos Jr., Tom Argiroupolos Sr., David Argiroupolos
2nd Place:
Grant Simonson, Jon Bernhard, Deron Bocks, Jon Mirmelli
3rd Place:
Anthony Merza, Craig Ludwig, Bob Peeler, Kirk Hanson
Closest to Pin:
Hole 5 – Terry Stewart
Hole 8 – Don Peterson
Hole 13 – Fred Teagarden
Hole 15 – Mike Stewart
Longest Putt:
Jim Clifford
Hit the Green Holes:
Jan Steinke, Brian Johnson, Phil Sexton, Jeff Siebach
Opportunity Drawing:
6 Day/5 Night Hawaii Vacation – David Cease
$1,000 American Express Card – Elise Fay
$200 American Express Card – Bud Clifford
$200 Dinner Gift Certificate – George Anderson
Firesky Spa Gift Certificate – Joel O’Desky
$200 PGA Superstore VIP Performance Lab Membership – Michael Hansen & Scott Beaver
$199 GolfTEC 1 Hr. Swing Evaluation Video Motion Analysis – Savino Tarantini
Last but far from least, thank you to MDA volunteers, the contest hole volunteers, and the golf committee with special emphasis on John Doyel – the tournament chair. Without John’s organizational skills and dedication I’m not real sure it would have been a successful year.
Thank you Alexis for asking for more information about the Search Floor Plan feature in flexmls – ask and you shall receive!
Did you know subscribers of ARMLS have access to over 32,000 builder floor plans for greater Phoenix homes? Sure enough. I got a chance to speak with Fred Newman from Ultimate Information Systems about his site that is linked from the flexmls search menu.

He shared some thoughtful insight on how ARMLS subscribers can best use the Search Floor Plan feature.
First and foremost, you need to learn how to find the property you’re looking for. Using the wildcard (%) symbol is extremely helpful. To see examples of how it’s used follow the Help link. When I did my first search I was looking for a DR Horton home – so I typed DR Horton into the ‘Builder Search String’ field. Zero results. I switched the type to %horton and got results (40 max). Listed in the results field I found the DR should have had periods after the D and the R (D.R. Horton). Again, the wildcard symbol is your friend.
Other tips you need to know are that some agents refer to the Mkt name as subdivision and the Plan name/number as the model name/number. So if I’m looking for the Jerome model in the Desert Peak subdivision – I’d type Desert Peak into the Mkt name field and Jerome into the Plan name field.

So you’ve found the property you’re looking for – now what. Click on either the picture of the plan or the Display Floorplans link. This should open the picture of the floor plan.

Right click on the picture and save the image as a file on your computer. You’ll now have access to use it as you would any other picture of the property. Fred suggests adding it to the listing photos in the flexmls® Web system.
Happy Flexmls Feature Friday!
The Phoenix real estate market is hard for a lot of people to figure out. Tom Ruff and Michael Orr are not 2 of them. Armed with the most accurate data available, an advanced understanding of statistics, and a humorous tone – they are shining the Phoenix real estate light on the rest of the world. Please allow them the opportunity to shine by reading their latest housing report and sharing it with those you care about.
Subject: April’s Housing Report and Opinion
“Stuff is getting better, stuff is getting better everyday.”
Kevin Costner, from the movie The Postman
I found it refreshing this week; if only for a brief moment, to shift my focus from economic worries to a more relaxing reflection, a pandemic. I was happy to see the virus renamed; it really wasn’t fair to pigs.
Cromford calls the bottom
On April 2nd an article on Azcentral.com basically stated anyone calling the bottom of the housing market anytime soon would be a fool. On April 6th, Mike Orr of The Cromford Report called the bottom, does 4 days translate into soon? How does Mike know this, the answer, he’s got better stuff. A licensing agreement with ARMLS allows him to analyze daily MLS listings, sales and pending contracts. He also has access to daily publicly recorded sales and foreclosure data as well as the very best property address and zip code files available. With the most current and precise data in hand he puts it through a rigid cleansing process. From there, the data goes into his disciplined and insightful model and voila. So you see, stuff is getting better every day. Now I know what you’re thinking, how do I get the good stuff? If you are an ARMLS subscriber, you can immediately go to www.cromfordreport.com, and sign up for your FREE subscription, the cost for non-ARMLS subscribers is $300 per year. Here’s Mike’s take.
Preliminary April 2009 Report
April 6, 2009 established a bottom for $/SF sales pricing across the Greater Phoenix area. This does not mean that prices will not go lower in certain areas – they will. But the overall average price per square foot put in a convincing low on April 6th and has been moving sideways to slightly up ever since. The increasing sales volume tends to reinforce the significance of this pattern. I would claim that the cities of Phoenix, Avondale, Gilbert, Mesa, Peoria and Queen Creek are making the best cases for establishing a bottom, while Chandler, Goodyear, Scottsdale, Tempe, Glendale and Surprise still have some work to do. Of course we need to continue to watch to see if the pattern strengthens or fades. The current readings for Pending $/SF suggest more sideways movement in the near term. Every city showed improvement in April over March with supply falling and demand rising. In some areas the fall in supply was breathtakingly swift. Pending sales rose yet again, actual sales continued their strong advance, and listing success rates climbed. To illustrate the change in the market since January, let’s look at Months Supply for May 1st vs. Jan 1st:
Avondale 4.4 (was 8.9)
Chandler 5.7 (was 9.1)
Gilbert 5.2 (was 7.9)
Glendale 3.2 (was 9.1)
Goodyear 3.8 (was 8.6)
Mesa 4.4 (was 8.9)
Peoria 4.9 (was 10.3)
Phoenix 3.4 (was 9.0)
Queen Creek 2.9 (was 6.1)
Scottsdale 14.3 (was 19.4)
Surprise 3.3 (was 7.2)
Tempe 6.7 (was 8.7)
I would consider an inventory level of 4.5 months as “normal” so we can see 7 out of the 12 major cities now have a “below normal” inventory judging by months supply. Let’s look at some basic sales numbers:
April sales (all types and areas) – 8,500 (includes 44 out of territory ARMLS sales, e.g. Payson, Prescott, Flagstaff)
Greater Phoenix Lender-owned Property sales – 5,629
Greater Phoenix Pre-foreclosure & Short Sales – 846
Greater Phoenix Normal Sales – 1981
So REOs still dominated the sales figures, but they are not as dominant as they once were. Among the active listings, REOs are declining quite fast – they now comprise about 17% of all listings whereas in early January they comprised 28% of a much bigger number. In fact, considered as a market segment, Greater Phoenix REO listings on ARMLS represent only a 1.3 month supply at their current monthly sales rate. Pre-foreclosures and short sales are becoming an increasing percentage of both listings and sales, although their listing success rate, having improved from 21% in February to 34% in April, still has a ways to go to rival REOs with their phenomenal listing success rate in April of 86%. As before, the majority of the sales action is concentrated at the affordable end of the market, but it has to be said that improvement in demand is clearly visible at almost all price ranges.
April Foreclosure Numbers
April numbers came in as we expected, with the exception of cancellation notices, we had thought they would be slightly higher. The thing that makes cancellation notices hard to project is they are the step child of recordings, they get recorded when they get recorded. Unless someone protests, they kind of get tossed into the when it’s time to clean off my desk category. April’s notices were down from March, 10,689 to 9,092: trustees deeds down from 3,377 to 3,103: and cancellations down from 3,168 to 2,668. The number of active notices continues to increase totaling 43,171. Of the 3,103 properties sold at auction 331 were purchased by third party buyers. For the past year, nearly 95% of all properties foreclosed upon have reverted to the bank, this month, only 89.3% returned to the beneficiary, with 10.7% purchased by investors. Foreclosure numbers are funny, and if there is anyone who knows exactly what happens next they’re sharing adult beverages with Michael J. Williams, Kenneth Lewis or Richard Kovacevich. Our interpretations the last few months have been based on what we’re hearing from experts in the field, and working off the presumption, if I were King. Charts and graphs can’t presently paint a picture of what comes next, not when it comes to the new filings of notice of trustee sales and trustees deeds; that went out the window in October. I do believe if we are to get a glimpse as to what happens next our focus should not be on how the notices and trustee’s deeds are currently trending, but by revisiting the attributes of homes purchased or refinanced between September 2005 and April 2 007, this is the time frame from which the vast majority of foreclosures originated. We have begun to take a look and will be making this part of my new weekly commentary within The Cromford Report.
Foreclose when you have to, negotiate when you can
It never made sense to me to flood the market with new foreclosures while existing REO levels were extremely high. I think the banks learned this lesson, most likely the hard way. As king, with REO inventory dropping rapidly it would now make sense to step up the tone of my negotiations with those currently in foreclosure. I now have a pretty good idea what to expect from the market regardless of what decision I make, and I can now make an educated decision that is best for me, the bank. We’ve been in this market of high foreclosures and declining values for sometime now, and everyone is getting smarter. As king, I can now make decisions from a broader knowledge base, and I can now translate these decisions back into dollars and sense. That said; don’t be surprised if Trustee’s Deeds increase in May, and if not in May, then June.
A tip of the Hat
Much of what you read in the national media regarding foreclosure data comes from Realty Trac, the purveyors’ of the shadow inventory theory. I remember Art Bell talking about shadow people on his radio show back in 2003, so when I first heard the term shadow inventory I naturally thought it was an imaginary count of imaginary homes where imaginary people lived. If you go to Realty Trac’s home page you will see an area called the Best of Realty Trac where they talk about shadow inventory, an interesting concept, but like the imaginary people above, no basis in fact. It was great to see Rick Kross, Town Manager of Queen Creek fight back and set the record straight. I think this will be the beginning of Arizona governments distancing themselves from national data sources when making local decisions. Thank you Rick Kross, I tip my hat.
A closer look at Realty Trac
http://www.dsnews.com/index.php/home/news_story/2885
“The RealtyTrac U.S. Foreclosure Market Report provides a count of the total number of properties with at least one foreclosure filing reported during the quarter. Data is also available at the individual county level and MSA level for both Q1 2009 and March 2009. Data is collected from more than 2,200 counties nationwide, and those counties account for more than 90 percent of the U.S. population. RealtyTrac’s report incorporates documents filed in all three phases of foreclosure: Default — Notice of Default (NOD) and Lis Pendens (LIS); Auction — Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been foreclosed on and repurchased by a bank). If more than one foreclosure document is filed against a property during the month or quarter, only the most recent filing is counted in the report.”
After reading the above article I learned several things I never knew, I didn’t know the three phases of foreclosure were, Default, Auction and Real Estate Owned. I didn’t know a Notice of Trustee Sale was an auction, I didn’t know an REO was where a bank repurchased a property; of course I’m being derisive. How do I foreclose upon thee, let me count the ways, and even though I say I count them once let me count many of them twice. Whenever I look at real estate statistics I always try to look inside the numbers and try and ascertain the methodology. When a company reports data or statistics without definition as to how they arrived, their numbers become meaningless. I would advise anyone giving stats to abide by this simple rule, let it be known how and why you drew your conclusions, clearly state your methodologies. In the case of Realty Trac, if the above paragraph does indeed define their methodology, I wouldn’t tell anyone, nada, zip. I’d just keep um guessing, nod my head and smile. God bless you Realty Trac, but Rick Kross got it right, your data is “patently false.”
Cromford vs Housing Doom
http://www.azcentral.com/12news/news/articles/2009/05/04/20090504housingbottom05042009-CR.html
Please feel free to share this, and or pass it along. If you would like to be added to our mailing list just send your request to info@theinformationmarket.com and I will put you on our list. In the same regard, if you would like to be removed, just say so.
Thank you,
Tom Ruff
If you have logged into flexmls this week – you’ve probably seen the blinking update notice indicating you can now Edit and Name Search Shapes.

You know what they are talking about right? When you do a map search you have the ability to draw shapes around the area you want to search. Last week, if your shape was slightly off – you had to delete it and start over. Well this week, you can simply click on the Edit Shape link and adjust the boundaries of the shape. This is awesome news because it makes drawing shapes much easier to do. If you make a mistake or need to change a shape, you don’t have to start from scratch.
Because this was a system improvement, FBS has created a flyer highlighting the changes and a new video tutorial on how to search using shapes. Thank you FBS! You’ve made my job a little easier today.
Happy F³!