Some of Arizona’s most Successful Agents call John Hall & Associates home.

Monthly Archives: March 2011

Twitter: Sending DM’s to New Followers

The John Hall & Associates twitter account recently followed about 80 people. From those 80 follows, I received a handful of direct messages (DM’s).

(If survey does not show, you can find it here.)

Why am I asking? I think we can learn from others. I plan on posting my favorite (and why) in a future post.

Just in case you’re not already subscribed to our articles, you can do so here.

Rumor Control-The Next Round of MARS changes

I'm listening
Tuesday the Combs Law group put out the following announcement.

Combs Law Group, P. C.

Short Sale Listings Will Not Require Mortgage Assistance Relief Services (“MARS”) Disclosures
By: Christopher A. Combs, Esq

After extensive negotiations between the National Association of REALTORS® and the Federal Trade Commission (“FTC”), the FTC has agreed that listing brokers with short sale listings do not need to make the MARS disclosures. Listing brokers will still be prohibited from collecting advance fees.

Listing brokers who advertise for short sales, however, must comply with the MARS advertising disclosures.

If you would like more information regarding deficiency lawsuits, short sales, loan modifications, bankruptcy or other real estate related issues, please call our office at 602.957.9810 and arrange for an initial consultation with one of our attorneys.

Chris Combs
Certified Real Estate Specialist
Combs Law Group, P.C.

While it’s a great headline and welcome news, it’s premature since there is nothing  from the FTC or NAR, that has been reduced to writing that describes what ‘relief’,  if any, real estate agents may be getting from MARS disclosures.  These FTC attorneys are the same people that start their Compliance Guide with this caveat:

This guide, which represents the views of FTC staff and is not binding on the Commission….

So in my opinion, we are waiting on the Commission to decide which part or parts of the Rules should apply or not apply to real estate agents.  Remember these are also the people who have instructed us as to the definition of ‘clear and prominent’ with the following detail:

Pursuant to 16 CFR § 322.2(a)(1) “clear and prominent” means:

  1. In textual communications, (which includes any communications in a written or printed form such as print publications or words displayed on the screen of a Computer): the required disclosures shall be
    • easily readable;
    • in a high degree of contrast from the immediate background on which it appears;
    • in the same languages that are substantially used in the commercial communication; in a format so that the disclosure is distinct from other text, such as inside a border;
    • in a distinct type style, such as bold; parallel to the base of the commercial communication, and,
    • except as otherwise provided in this rule, each letter of the disclosure shall be, at a minimum, the larger of 12-point type or one-half the size of the largest letter or numeral used in the name of the advertised website or telephone number to which consumers are referred to receive information relating to any mortgage assistance relief service.

When a written announcement is released by the FTC and NAR, I will post it immediately with the changes or modifications it will require to comply. In the meantime, real estate agents are required to comply with the ‘law of the land as it exists today, i.e. all four MARS Disclosure forms are required for Short Sale transactions after 1/31/2011.

So that’s my opinion and I’m sticking with it until it’s changed in writing.

Protect Mortgage Insurance Deductions!!

Many of us are frustrated with what is happening through laws, bills, and changes.  If ever you want to get “involved” now is the time.  Picture our industry and what will happen if mortgage interest write offs are taken away, or at a minimum limited.  We can’t let that happen.

I am attaching a video and Call for Action that was just sent out today.  Please do yourself, your clients, our industry and others a favor.  Please respond to this immediately and forward this message to all that you can.  We need to stop this as soon as possible. 

Thanks for your help.

Marge

Preserve, Protect and Defend MID

You can shape legislation by being heard early and with strong conviction. This is one of those times. Congress needs to hear from you. Warning signs have appeared on Capitol Hill about mortgage interest deductibility. Homeowners have taken big hits the past few years. We cannot have Congress adding to the injury.

Watch NAR President Ron Phipp’s video Call for Action explaining why our action is so urgent. Then send your letter asking your Representative to cosponsor H.Res25, a bipartisan House resolution that affirms the value and importance of the Mortgage Interest Deduction.

Realtors need to direct Congress to Preserve, Protect and Defend the MID. No economic recovery is possible without a vibrant housing market. Please Take Action today.

Click here to take action

Property Management 101: Background Checks

Explaining our background/credit reports to new property managers has become a common occurrence for our property management department. With so many REALTORS® adding property management to the services they offer, it’s time for Property Management 101: Background Checks.

Merchants Info Background Checks

We’re all about Merchants Info. They’re the service we use to perform background checks for our property managers.  The official name of their report is the Premiere Resident Profile (PRP) with Criminal.

PRP with Criminal includes:

  • Experian Credit Report
  • Merchants Resident History Database
  • Merchants Apartment Address Summary
  • Instant Single State Criminal Search
  • Instant Nationwide Sex Offender, Most Wanted, & Terrorist Searches

Merchants Info has published a PDF with common questions and answers in regards to these reports.

Important: Our agreement with Merchants Info states we (meaning you) are not allowed to give the applicant a copy of their background check. If you deny the applicant based on the report, you are to provide them a reason for denial – not the report. If the applicant would like to further investigate what Merchants Info is reporting, they can do so with Merchants Info directly.

How do Property Managers order a background check?

John Hall & Associates has a rental application available (intranet link) in the Library -> Documents -> Leasing & Property Management section of our intranet. The key pieces needed for the background check are the applicants full name, current address, social security number, date of birth, and signature. Once you, the property manager, receive a legible completed application, simply email it to creditreports – at – johnhall.com.  Be sure to include your name in the email or on the application so we know who sent it.

After we run the report, a per applicant charge will be added to your office bill and the report will be returned to you via email.

Reading the Report

(click the images to see larger versions)

Property Managers Credit Report Help

National Risk

This score is generated based on the applicants payment history and available credit. The range for the risk score is 1-1000; the lower the better.

Experian Scores

This score is more like a FICO score.  The range is 1-950; the higher the better.

The applicant in the example above has really good scores. Here an example of the opposite…

Bad Credit Report

Profile Summary

This section is a summary of what’s to follow.  It’s a way to get an overview of an applicants credit history.

The key pieces to look at here are Public Records and Delinquencies. Public Records refer to liens, judgments, etc. Delinquencies are a summary of payment history.  If your report shows 0 public records and 0 delinquencies – that’s a good thing!

In the event your report has delinquencies, it’s worth further investigation. Look to see what kind of accounts went into collection. The first services to report late payments are typically cable, utilities, mobile phone, and medical companies. Below the Profile Summary you can see what kinds of bills the applicant has pushed off or quit paying. Are they housing related?

The status of each account will be in the left column. Examples: PAID SATIS, COLLACCT, DEEDLIEU, BIKLIQREO, etc

Criminal Report

Be sure to check out Merchants Info explanation of their Criminal and Eviction Reports. Ideally, your applicant will have no criminal activity.

However, that’s not always the case.

Don’t panic. Often times, this report includes people that are not your applicant. Look over the report and eliminate the people that aren’t yours!  As the PDF explains, the criminal reporting isn’t always accurate.

Hopefully this helps new property managers understand what is contained in the background reports from Merchants Info.

Friday Lunch and Learn: Adding Content To Your Facebook Page

Facebook for REALTORS®6 weeks ago we had an (overwhelming) overview of facebook pages.

2 weeks ago we narrowed our focus and did some brainstorming about topics for your facebook page.

This week we’re ready to add content to your page.

But wait, there’s more…

This week’s class will have a special guest. Real estate practitioner Dru Bloomfield, of the At Home In Scottsdale fame, will be joining us for our conversation. Dru recently spoke about facebook to a room full of REALTORS® at Agent Reboot. She referred to it as one of her 4 pillars of marketing. I’m excited that she’ll bring the practitioner’s perspective to the mix!

You are invited to join us

If you’d like to attend, please RSVP to psexton@johnhall.com. We’ve only got room for 20, so if you’re interested, speak up. There is no cost for our lunch and learns, and they are open to all REALTORS® – not just John Hall agents.

This is a hands-on session at our Phoenix Real Estate Office. Class is from 11am – 1pm and lunch will be provided thanks to the generosity of Bryan Jones from Clear Title and Stacey Gross from Old Republic Home Protection.

FHA Mortgage Insurance Increasing Again April 18

Linda Wittemann, with Prospect Mortgage sent this update on FHA’s increase in their mortgage insurance.  Thank you Linda.

FHA is increasing their monthly mortgage insurance again on April 18, 2011.  The monthly MI factor will increase from .9% to 1.15% on April 18.  This means that monthly MI will increase from $75/month per $100k loan amount up to $95/month per $100k loan amount.  The Upfront Mortgage Insurance Premium stays unchanged at 1% of the loan amount which is tacked on to the principal at closing.  FHA effective dates are always determined by the FHA case # date which can be established by the lender once a borrower has an accepted purchase contract.

Sitting Open Houses for Another Agent-Different Company

Arizona Department of Real Estate

From the Real Estate Department’s New bulletin-

Here’s our Commissioner clarifying the Open house question

Q. May a licensee of one company hold an Open House on a listing of another company?

A. The Department sees pitfalls with the arrangement, specifically confusion on the part of the public. ADRE requires that both involved brokers agree to allow the non-listing agent to conduct an open house in the listed property. In addition, the non-listing agent may not receive compensation from the listing agent for conducting the open house and the non-listing agent must make it very clear that he/she is not representing the seller and is present in the home for the purpose of finding interested buyers to work with. The licensee holding the Open House must clearly identify their company through signage, business cards distributed and all advertising.

Real Estate Team Building Seminar

real estate teamRussell Shaw rocked a real estate team building seminar for our agents last month. We recorded it, added a Building a Real Estate Team page to our real estate careers section, and invite you to watch the series.

Right now we have 9 short videos clips and will add more in the near future. If you’d like to check out the youtube playlist we’re “filing” these videos in here it is: Playlist: Real Estate Team Building.

Thanks again to Russell and Wendy for taking the time to educate the successful agents that call John Hall & Associates home.

MARS Disclosure Update

Talk about a moving target. Last week in Prescott for the AAR meetings there was quite a bit of discussion regarding short sales and MARS Disclosure requirements. A couple of the questions/comments stood out and I want to give the options to John Hall agents and others reading this post.

The MARS Form #2-“Consumer Specific Commercial Communication” is only necessary up to the point of getting the listing signed. Since the phrase ‘prospective short sale seller’ is included in the guide, once the listing is signed, they become a client and you’re done with the disclosures until the bank/servicer provides the Agreement Notice. Then you use Forms 3a and 3b as ‘cover sheets’ for the Notice from the bank.

The other common question was “What goes in the blank for what the real estate agent is going to get paid on forms 2 and 3a?” The most common answer was ‘0’, with reasons like “the seller isn’t paying me the bank is; or I’m not getting paid for Short Sale Negotiator services”. I think the safest answer is your total listing commission. You do expect to get paid for the transaction and putting ‘0’ may obligate you to work for free or maybe even come out of pocket for the co-broke commission. I did have conversations with a few brokers who were going to eliminate the blank and fill in something like ‘per listing agreement (with no additional fee for Short Sale services)’. I think that works also.

We heard that NAR was scheduled to meet with the FTC attorneys this week to clarify some questions that have come up since the MARS rules have been more widely circulated. We should hear the results of those meeting by the end of the month.

MARS Disclosure Classes and Discussions

Since I’m aware that agents want the opportunity to have the rules explained and ask questions concerning the requirements, I have scheduled some times for discussion. The Tuesday John Hall meeting at Paradise Valley 3/22 will contain a MARS presentation. Additionally I’ve been asked to conduct some open to the industry discussions and I have a few scheduled this month. They are:

1) 3/23 from 2 – 3:30 (RSVP and Class Flyer)
2) 3/29 from 9-11 (RSVP and Class Flyer)

***SOLD OUT Also on 3/28 at the Phoenix Association of REALTORS®, I’ll be speaking with Michelle Lind AAR’s Legal Counsel and Martha Appel Coldwell Banker’s Designated Broker from 9-12 and 1-4 on MARS Disclosures with a Question and Answer segment to get all issues addressed with current information. These sessions will not be for continuing education, but will contain valuable information open to the industry, both agents and brokers, as we discuss the latest developments regarding this topic. There is limited seating for all these sessions and you will need to RSVP to dleadford@paronline.com Cost = $FREE.99! (Class Flyer) SOLD OUT***

Contract Revision Classes

Also if you’d like to attend a contract class on the revisions this month, I have 2 more scheduled:

3/25 Arizona School of Real Estate and Business 9am – 1pm on a panel with Michelle Lind and Amy Swaney from the Forms Work group – for hours with a fee. (ASREB.com RSVP: 480.946.5388)

3/29 12:30-3:30 Repeat of 3/8 Sold Out class-for hours with a fee. (RSVP and Class Flyer)

Friday Lunch and Learn: WordPress Square One

Wordpress LogoWordPress is a free, yet powerful web site platform that has been making significant traction in the real estate industry. Agents and Brokers have been building their real estate web sites with wordpress because of the low cost, ease of use, search engine optimization, and the endless customizations that can be made.

This Friday’s techno lunch and learn at PV will be about setting up a WordPress web site from the beginning. Starting from scratch. If you would like to join us, you are more than welcome. Bring your laptop – it’s hands on learning.

Many thanks to Bryan Jones of Clear Title and Stacey Gross of Old Republic Home Protection for their continued support of our technology lunch and learns.

If you’re in, RSVP to psexton@johnhall.com – there is no requirement that you have to be a member of the John Hall family to join us. All are welcome.