Monday, March 9, 2009

EASEMENTS

Also included in your preliminary title reports are deed restrictions. These are any legally binding documents that became attached to your property at some point. Many are easements for utilities or roads. In Alaska, blanket easements for utilities are common.

An easement grants use of your land to another party for a specific purpose. For instance, utility easements allow utility companies to access your property to put up lines and bury cable. The property is still yours; you're just granting a long term right to use.

Blanket easements are typically vacated in favor of specified easements when property is subdivided. With specified easements, the area which can be accessed is limited to, say, a certain distance from the property line. Generally, permanent improvements should not be build on top of specific easements. An exception would be driveways, which logically will cross road easements to provide access. Permanent improvements don't usually include sheds or even decks.

If there's a need to remove an easement from your property, you can use a process called "vacation" of the easement. An attorney draws up a document to be signed by all those who benefit from the easement - for instance, all utility companies if it's a utility easement - saying they are vacating their interest in the easement. The document is then recorded, where it runs with the land, meaning it's attached for perpetuity.

Wednesday, March 4, 2009

COVENANTS

One of the goodies in your title prelim - hopefully something that comes as no surprise - are any covenants attached to your property. Covenants are restrictions "agreed upon" by homeowners in a particular subdivision or association. Generally they are put in place by developers who want to maintain certain standards that will help maintain values within the subdivision.

Covenants in Alaska tend to be not as restrictive as in the Lower 48. Typical provisions include minimum lot size, structure size, setback requirements (how far structures must be from the property line), and number or type of animals on the property (to exclude dog teams or commercial livestock). You may find some quirks hidden within the covenants. In Fairbanks, the late Joe Vogler, the eccentric and sometimes crotchety head of the Alaska Independence Party, hated cottonwood trees. When he subdivided several parcels, he banished cottonwoods by means of the covenants. Easier said than done, as cottonwoods grow naturally and profusely in the Fairbanks hillside.

Independent guys like Joe shun government restrictions, but that's the thing about covenants - they're private restrictions, unenforceable except if the other covenant holders take civil action in a court of law. Similarly, the covenants may be amended by unanimous consent of the property owners, which is how a lot of old Joe's "no cottonwood" restrictions fell off the books.

Tuesday, March 3, 2009

PRELIMINARY TITLE REPORTS

Prior to closing, both Realtors involved in a transaction receive preliminary title reports, also called "prelims." At closing, the buyers receive a copy as well. Within these reports are the relevant documents uncovered by the title company's search of the the recorded documents related to the property, including warranty deeds, deeds of trust and other liens, covenants, private agreements and easements that "run with the land." Any of these documents that "survive" the transaction (most everything besides the warranty deeds, liens, deeds of trust, and promissory notes that are transferred or paid off at closing) should have been provided to the buyers as a courtesy through the Realtors before the offer was made.

If you're purchasing without a Realtor, you might want to either try to search these documents yourself through the state recorder's office before making an offer, or include a clause in your offers requiring the seller to provide a preliminary title commitment within a few days of accepting the offer, with an escape clause if your review of the documents proves unsatisfactory. The title company will charge a fee, usually born by the seller, for preparing the preliminary title report.

Alaska, like many Western states, uses title insurance rather than a title search. But part of the insurance process involves a preliminary search to make sure the property is insurable. In older states, usually in the Midwest and the East, attorneys perform title searches. But there's no insurance to protect the seller or the buyer.

Friday, February 27, 2009

HANG ONTO YOUR DOCS!

Did you know that closing documents are among the few sets of papers that should be kept for a lifetime? Though virtually everything in the file can be replaced by the title agency or other sources, you'll want to have all of it in one handy place so you don't have to go begging when you need it.

The settlement statement is especially helpful when prepping your income tax return. Sometimes called a HUD1, this standardized form is either two or three pages, depending on how it's printed. It reconciles the financial accounting of the sale, with credits and debits to the seller on one side and credits and debits to the buyer on the other. Purchase price, loan amount, tax adjustments, - that's all on page one. On page two are the closing costs.

You'll reference your settlement statement not only when prepping your tax return for the year in which you purchased the property but also potentially in the year in which you sell it, when the HUD1 from the sale of your home can be compared with the HUD1 from the purchase to determine what capital gains might be due - for instance, if the property was not your primary residence or if the sale falls outside the exclusion limits on the sale of a primary residence.

Thursday, February 26, 2009

MARKET PSYCHOLOGY

So much of what happens in the market is about psychology, both at the micro level, when you're buying or selling real estate, and at the macro level, when you look at the big factors that influence the market. As we're hearing on the news these days, we can't afford to ignore the psychology of the market. Economics is a social science. Markets are, in the end, about people - about how they react, and why.

Which is why I'm taking a day away from my plan to say more about closing docs, covenants, zoning, and private agreements to talk about something I heard on the radio last night that I found not just irritating and irresponsible but also - to use an adjective I try to avoid - unpatriotic.

"You think the mortgage market is bad now? Just wait," the right-wing rabblerouser admonished. "If you've got a mortgage, you better stay right where you are, because under Obama's plan, you won't be able to get another one."

Wrong. False. And while I understand that even right-wing rabblerousers have a right to speak and line their pockets by distorting truth over the airwaves, it's important for all of us to understand that this is a guy trying to make a living by stirring things up.

Somewhere in the last decade, people began to equate fear with patriotism. Let's be frank. Fear is bad for our country. It's bad for our economy. It's bad for you as a home owner. So, please file this encouragement to sit on your mortgage in fear you'll never get another in the same basket where you tossed other predictions that have come from the far right - that riots would follow Obama's election, that the President is the Antichrist or the reincarnation of Hitler.

Free speech. I understand. But don't buy into it.

Off my soapbox. Tomorrow I'll get back to the nuts and bolts of your closing docs. Unless I hear something equally stupid that potentially affects your real estate values, and mine.

Wednesday, February 25, 2009

ON COVENANTS, ZONING, AND WELLS

The following question brings up several issues for homeowners. My response follows. In future posts, I'll cover the details of covenants, zoning, and private agreements.

Question: I just noticed that our neighbors have built the framing for a cabin on their lot right next to the house. Are there any zoning
restrictions on subdividing on these lots? If it's not dry (which I
assume it is), what are the regulations for governing water dispersion
through the well. Since the pump is being paid for by us, I am
reluctant to water three houses. We did get pretty dry last year when
they were running water for a long time.


Answer:Without looking again at the paperwork for your property, I can't say for sure. But the covenants and private well agreement should be included in your closing documents, as part of the preliminary title report. The original MLS listing has a slot for the zoning code. Once you know the code (I suspect it's RR for this property, but again, please check, as I'm going only on memory), you can read the restrictions in the FNSB Code of Ordinaces Code 18 Zoning.

If you can't locate your closing documents, the borough's assessing office and/or community planning division can assist you in reassembling and interpreting these papers.

Off the cuff, my thought is that if the zoning is indeed RR, a guesthouse is permitted. The covenants may more specific restrictions. And do check the language of the well agreement, but I don't think there are restrictions as to the number of dwellings. Usage would have more to do with habits and the number of occupants than anything else. I'm surprised to hear there have been problems with well flow, as at 50 gallons per minute, the well could likely service an entire subdivision. But if the well was drilled long ago, extraneous factors like earthquakes can affect well flow after the fact.






Tuesday, February 24, 2009

NOT SO SECRET CODES

According to the American Council for an Energy Efficient Economy, Alaska ranks 41st among the 50 states in terms of its commitment to energy efficiency. Perhaps that comes as no surprise, given that 90% of our state income is from oil revenue. But perhaps you've heard that oil is a non-renewable resource, and Alaska's supply is dwindling.

That's why the co-chairs of the Alaska Senate Resources Committee are introducing legislation to ramp up our efficiency efforts. Drill, baby, drill does not an energy policy make, no matter how chipper it sounds on the campaign trail.

Among the proposed action would be Statewide Building Energy Codes for both residential and commercial construction. A new concept for Alaskans, but one that's long overdue. In Alaska's housing industry, quality has been sacrificed under the guise of independence. Shoddy homes constructed in places where there are no building standards are more than just the homeowner's problem when they waste resources that all of us need. Expect a lot of heated discussion about the proposed changes, though. Alaskans are notorious about not wanting to be regulated.

Monday, February 23, 2009

NAR ON THE STIMULUS

Lawrence Yen, Chief Economist for the National Association of Realtors, has released a summary take on the Economic Stimulus Plan and its effect on housing. NAR is understandably pleased with the stimulus package - almost everything they'd lobbied for was included. Yen's prognosis? The first-time buyer tax credit combined with higher loan limits and lower interest rates will raise home sales by 850,000 this year.

And for those who are still complaining about the stimulus, check this impressive figure: Yen estimates that as the stimulus stabilizes home prices, each American homeowner will benefit from an $18,000 average housing value preservation - meaning that values won't decrease as much as they would have.

NAR's mortgage rate forecast for mid-2009: 5.2%.

Friday, February 20, 2009

AREC is busy

The Alaska Real Estate Commission, mentioned in yesterday's post, is busy. They're auditing approximately 57 offices around the statement, looking particularly at trust account records and compliance with regulations regarding display of licenses, policy and procedures manuals, and use of the AREC consumer pamphlet.

Regulations requiring brokers to carry Errors and Omission Insurance are out for public comment. Proponents argue that this insurance provides another layer of protection for the public; critics say it encourages frivolous lawsuits. If enacted, the E & O regulation will take effect on March 1, 2010.

In disciplinary action, the commission accepted the voluntary license surrender of Christopher Haydon, a Fairbanks licensee, and imposed sanctions against Wasilla broker Mae Sprague for allowing a former licensee to practice real estate.

Of five surety fund cases considered, four were dismissed. A claim of fraud and misrepresentation against David Dowd resulted in a surety fund payout of $15,000 to the claimant.

Thursday, February 19, 2009

WHAT'S YOUR RECOURSE?

Like flying after an air disaster, this should be one of the safest times to conduct a real estate transaction. Irresponsible and predatory lending practices have been outed. So have scams that pulled in licensees and appraisers. Despite the devastation wreaked on the economy, discovering the truth in the adage about things that seem to good to be true is a wholesome and necessary correction.

Federal plans will mitigate some of the bloodletting. Scrutiny is tight, and it should be the rare client who falls victim to mortgage scams. But the market is tight as well, creating a sense of financial desperation for some in the real estate industry, including the shady characters who have a hard time making a living the honest way.

Prevention is the best recourse. Don't work with pushy people. If something feels wrong, object. If there's a problem you can't reconcile with the licensee, go to the broker...though, yes, sometimes the problem is with the broker. Your local Board of Realtors Association isn't authorized to pursue ethical violations on behalf of the public - only other Realtors can seek damages for ethical slip-ups. But statutory and regulatory violations should be brought to the attention of the state licensing agency. In Alaska, that's the Alaska Real Estate Commission (AREC). They have the power to suspend and revoke licensing. They also administer the surety fund, to which the public can make claims if they feel they've been damaged by the actions of a licensee.

Wednesday, February 18, 2009

LOAN FRAUD FALLOUT

As the nation struggles with fallout from poor mortgage practices comes news that most of the Alaskans implicated in the state's biggest loan fraud scheme have struck a plea deal. According to a recent article in the Anchorage Daily News, seven individuals pleaded guilty to a scheme that involved buying and selling homes at inflated prices. Real estate licensees, mortgage brokers, an escrow officer, investors, and a builder were among the guilty. One appraiser who changed his plea will go to trial.

As with Alaska's recent political scandals, it's unfortunate that it took Federal agents to squash the scheme. Prosecution goes a long way toward squelching predatory lending and loan fraud. And Alaska has taken another important step: at last, mortgage brokers must be licensed.

Friday, February 13, 2009

AND WHAT NOT TO EXPECT...

Valentine's Day is tomorrow, and just as you can expect too much from a romantic relationship, so too can you expect too much from your buyer's representative.

Don't expect your buyer's rep to set up showings at the drop of a hat. Showings have to be coordinated with several busy schedules - yours, hers, and the sellers - so unless the house is vacant, allow 24 hours or so to set up showings. (If the house is tenant-occupied, 24 hours is minimum notice for them).

I've seen buyers, particularly those visiting from out of town, demand fulltime, non-stop attention their buyer's reps. That you want to maximize your time in town is understandable, but to expect a buyer's rep to be your fulltime chauffeur and tour guide is another. Do you really want to work with a rep with so much time on her hands that she has nothing else to do but cater to you?

Don't expect your buyer's rep to read your mind. A good buyer's rep will seek out your reaction to the homes you're seeing. Be straightforward and forthcoming in your response. If there's an aspect of her service you're not happy with, tell her. If things don't change, let her know you're making a switch.

Buyers should demand loyalty from their representatives, but they should return the favor. No sneaking around behind your rep's back, seeing houses with listing Realtors and making offers on For Sale By Owner. Your buyer's rep will be happy for you to expand your market awareness by attending open houses, but do let the Realtor hosting the open know that you've already got a Realtor. Talk with your buyer's rep about a strategy for viewing homes that are offered for sale by owner (FSBO).

There is no perfect house. If she's worthy of her license, your buyer's rep will help you find the best possible house for your wants and needs, given your budget and timeframe. But don't expect perfection. In houses, as most everything else in life, it doesn't exist.

Thursday, February 12, 2009

WHAT SHOULD YOU EXPECT FROM YOUR BUYER'S REPRESENTATIVE?

So you've entered into a formal relationship with a buyer's representative. What can and should you expect?

First, your buyer's representative should ask specific questions and what you're looking for and do a complete search of the market, electronically, using her MLS database. Results can be delivered efficiently by email. She should also set up an automatic, ongoing method for you to be notified when new listings matching your criteria come on the market. Again, this is most readily accomplished by email. You should let your representative know as your criteria change (and they often will as you get to know the market) so she can modify your search parameters.

Your buyer's representative will set up showings of the houses you want to see. It's most efficient for everyone if you see three or four homes in a row, at least initially, so she can gauge your reaction and get a better idea what you're looking for. Unless you're in a real crunch for time, it's not normally wise to see upwards of five houses in a row. Everyone gets worn out, and the houses will start to blend together.

Your buyer's representative should point you toward detailed information on the houses you're interested in. She should advise you of the logistics of writing an offer, including the intricacies of financing, as you zero in on a property that you like. And of course she'll write your offer, counseling you on the realities of the market, strategies for negotiation, and clauses that will address matters of importance to you. From there she'll guide you through the escrow period (from accepted offer through closing). She gets paid if and when the transaction closes, usually through a commission split offered by the listing Realtor through the Multiple Listing Service agreement.

Wednesday, February 11, 2009

PERSONAL SERVICES CONTRACTS

Will you have to sign a contract to get the services of a buyer's representative? In Alaska, probably not, though market practices are always changing. Buyer's contracts are used more extensively in the Lower 48.

A buyer's contract is similar to the listing agreement a seller signs with the listing Realtor. It commits the licensee to providing a specified set of services to meet the buyer's goal of purchasing a home. It commits the buyer and the licensee to working with one another for a set period of time. Typically, there's a clause in the contract that authorizes the licensee to collect their commission from a seller. Like most contracts, it can be declared void by mutual consent.

If the person you've chosen to be your buyer's representative present a buyer's contract, don't be frightened off. Remember a contractual arrangement protects you because it commits the licensee to helping you achieve your goals. One fact of life of the real estate professional is sorting through potential clients to figure out who's worthy of your time and who isn't. Serious buyers who want to get the job done go to the top of the list. One way to find those is to offer a buyer's contract.

Tuesday, February 10, 2009

SHOULD YOU WORK WITH A BUYER'S REPRESENTATIVE?

In my opinion, buyers are foolish to play the field, refusing to commit to one Realtor until they find the house they want. By then, they're generally stuck with the listing licensee acting as a neutral, which isn't necessarily a bad thing, but they missed out on a whole lot of service that wouldn't have cost them any more in the long run.

While in some markets buyers pay their own licensees, in Alaska it's most common for the seller to pay a commission to both licensees in the transaction. By settling on one buyer's representative early in your house-hunting, you can have listings that match your criteria emailed to you as they come on the market. It's absolutely the most efficient way to search. And of course your buyer's representative can show you any homes that are listed in the Multiple Listings Service - that's the vast majority of those on the market - regardless of who listed the house.

A buyer's representative is by law committed to working for your best interests. As you work with your Realtor, she'll learn about you and your needs, which will help her write the best possible offer on your behalf. You're her client, and you'll have her attention (If not, switch to a different representative.) Play the field? No thanks. Even independent Alaskans realize that when it comes to looking for a house, they're silly not to have someone helping them look.

Monday, February 9, 2009

IS NEUTRAL FOR YOU?

The decision about whether you want to authorize or preauthorize a neutral relationship with your real estate licensee in transactions where the licensee is working with the other party is strictly up to you, under the law. Some licensees have their own policies - they'll only work with clients who authorize neutral, or they won't do neutral. If their policies don't work for you, the law allows you to choose another licensee, because licensee relationships should be established, with the decision about neutral settled in writing, before you enter into any contracts. Remember the licensee disclosure (aka consumer pamphlet) is not a contract; it does not bind you to a particular licensee.

There may be advantages to having one licensee working both sides of your transaction. He or she will know each party's situation and can facilitate negotiations based on that knowledge. And sadly, a bad licensee (unfortunately, there are some) on the other side of the transaction can create unnecessary complications and tensions. Under the old adage that the best way to get something done is to do it yourself, many licensees would prefer to have both sides of a transaction, especially since they get paid for both sides. That usually means twice the commission for the licensee. Some offer a commission discount if they handle both sides; others (myself included) don't like the temptation that presents to exclude the clients of other licensees in what could potential be a better deal in the long run.

Thursday, February 5, 2009

SHIFTING TO NEUTRAL

When you first meet an Alaskan real estate licensee, unless it's in a casual setting like an open house or a cocktail party, the licensee should hand you an "Alaska Real Estate Commission Consumer Pamphlet" to read and sign, disclosing the nature of the relationship between you and the licensee. Is the licensee representing you, or is she offering what statutory language calls "specific assistance"? In either case, the licensee has basic duties, such as honesty and fairness.

If the choice is representation, there are additional duties, all specified on the disclosure form - things like confidentiality, disclosure of conflicts of interests, loyalty, and making a good faith effort to accomplish your real estate goals. If you're serious about accomplishing those goals, you probably want someone to represent you. That way any confidential information, such as how much you COULD pay for a property, isn't shared with other clients to your potential detriment.

If you're selling your house, you'd be (in my opinion) foolish to opt for any choice other than representation. But what if your listing licensee has buyers she's representing who want to see and potentially buy your home? Sounds like a no-brainer. Of course you want everyone to be clamoring for a look. But wait - your licensee also represents the buyers. Now what?

One option is to preauthorize, for those specific situations only, a neutral relationship. Oddly, the set of duties for a neutral relationship is virtually the same as for representation. But no one pretends that the licensee is representing both sets of interests. Instead, she's required to remain neutral, while continuing loyalty, confidentiality and such to both parties.

Wednesday, February 4, 2009

AN AGENT IS AN AGENT - OR NOT

Yesterday when I talked about what the term Realtor actually means, I mentioned that in Alaska, real estate salespeople (including brokers and associate brokers) are called licensees instead of agents. Does that really matter?

Hard to say. The change came about because of problems with consensual dual agency - one agent was legally able to work with both buyers and sellers in the same transaction. The idea was that as long as all parties agreed in writing, one agent could work a transaction with the best interests of all parties in mind. The problem, of course, is that these interests are often conflicting. The buyer, for instance, wants the lowest possible price for the house. The seller naturally wants the highest.

It used to be that no one had to worry about dual agency because no one represented buyers. In real estate it was caveat empetor - buyer beware - and all agents looked after sellers, while buyers were on their own. No wonder real estate salespeople got bad reputations. Buyers felt like they got the shaft, and if seller's agents were doing their jobs, they probably did.

Thankfully that changed. Buyers can now have their own representation in a real estate transaction. In Alaska, real estate statutes and regulations obliterated the terms agent and agency, so there's no possibility of dual agency and its inherent conflicts.

But wait, you say. My Realtor - or licensee (do you know the difference now?) - worked with both me and the seller. Was that illegal?

Not at all. Now we have a system that allows clients to authorize a licensee status called "neutral." More about that tomorrow.

Tuesday, February 3, 2009

WHAT'S A REALTOR?

Duh, you're thinking. Even way up in Alaska, a Realtor is one of those people who helps you buy or sell a house.

Yes. And no. Technically, a Realtor is a member of the National Association of Realtors. That's not doublespeak. Realtors created the term Realtor, which is why they insist it be capitalized and accompanied by the little copyright C. (Sorry, NAR. There's probably a way to make that happen on my laptop, but I don't know it). The publishing world doesn't pay a lot of attention to those rules. Other nouns naming professions (doctor, lawyer, professor) aren't capitalized unless used as part of someone's name, so why should Realtors get special treatment?

If a real estate professional is helping you buy or sell property, odds are very, very high that he or she is a member of NAR and hence a Realtor. That's because you have be join NAR and your local association of Realtors in order to access the Multiple Listing Service, the lifeblood of the industry.

That being said, you don't have to be a Realtor to be licensed to sell real estate. At last count, Alaska has 1460 licensed real estate salespersons, 405 licensed associate brokers, and 484 licensed brokers. None of them, technically, are real estate agents. That's because Alaskan statute was rewritten several years ago in an attempt to circumvent the pitfalls of agency. So we're all called licensees.

Monday, February 2, 2009

FREE SEMINARS FOR HOMEBUYERS

A few weeks ago we discussed the great Energy Rebate Program adminstered by the Alaska Housing Finance Corporation. Today I want to remind you of another great AHFC program: the Home Choice Seminars.

Offered throughout the state, the eight-hour Home Choice seminars cover topics such as getting a loan, title insurance, purchase contracts, and home inspections. While parts of the information apply more to Anchorage than other markets around the state, overall these seminars are a great (and free!) way to educate yourself about home buying in Alaska. As an added bonus, seminar participants get a discount on their AHFC commitment fee if they're using one of the AHFC add-on loan program such as the First-Time Home Buyer.

For more information, visit http://www.ahfc.state.ak.us/workshops/homechoice.cfm

Friday, January 30, 2009

A FIRM FOUNDATION

Another consideration when looking for that cozy Alaskan cabin is its foundation. Most are built on pilings (wood or steel driven into the ground)or post-on-pad (shorter posts, usually wood, set on gravel or concrete pads). These foundations are often used for cabins because they're less costly than pouring a slab or crawlspace. They're also more effective if the soils are sketchy.

Sketchy soils mean possible permafrost - permanently frozen soils. A traditional concrete foundation will melt the soil, causing instability and shifting. Pilings can be driven through icy layers, sometimes even to bedrock, depending on location. With both pilings and post-on-pad foundations, the bottom of the house sits off the ground, leaving a space for air to flow and keep the ground beneath close to its natural condition. Both types of foundations also allow for jacking and leveling if (and in the case of full-blown permafrost, when) the house shifts. Keep in mind that jacking and leveling aren't cheap, and they wreak havoc with sheetrock.

Engineers are the best point of reference for evaluating whether soils are stable and foundations appropriate. The Department of Soil Conservation maps soils and can give you a general idea of what's beneath a particular property. You can also pay for core samples to be augered up and analyzed, but keep in mind that much of Alaska's permafrost is discontinuous, so it can show up on one part of the property and not on another.

Thursday, January 29, 2009

SO YOU WANT TO BUY A CABIN

A cabin in the woods - isn't that everyone's Alaskan dream?

The biggest obstacle to that dream is usually financing. Unless they have running water (most don't), electricity, and road access, cabins don't qualify for conventional financing. Even with all of that, they may not meet residential square footage minimums. Or the acreage may be too large.

If the cabin doesn't qualify for conventional financing, you'll need to seek out a nonconforming loan from a local lender. Generally a minimum of 25% down will be required, and the term often can't exceed 15 years, though the terms may be flexible depending on the property and the buyer. The interest rate will also be higher than conventional financing.

Another option is owner financing. Generally owners would like to see a substantial down payment and a relatively short loan term - ten or fifteen years may be the most you can negotiate. A good credit score is a big help in negotiating an owner finance package. With the stock market shaky and bank interest rates at all time lows, owners may be more interested in financing than they were when times were flush. A note of caution: because promissory notes contain "due on sale clauses" (the lender can call the entire note due if ownership transfers), sellers negotiating an owner finance should own the property outright.

Wednesday, January 28, 2009

ACTS OF GOD

Saturday morning, I sat working at my computer when I felt a tiny vibration. Earthquake. I stopped and waited. A few seconds later came the jolt, followed by a couple smaller shakes. I got up, went into the hall, poised for running outside if a bigger rumble followed.

Positioned on the Pacific Rim, Alaska's volatile when it comes to seismic activity. Saturday's shaker was a 5.7, epicentered in Cook Inlet, closer to Homer than Anchorage. No damage reported.

Should you buy earthquake insurance if you live in Alaska? It's certainly something to look into. But check the fine print. Earthquake policies are often written with high deductibles and payout limits that make them not such a great deal.

Unrelated to Saturday's quake, Mount Redoubt started rumbling over the weekend. Scientists says there's a 50 to 70 percent chance it will erupt. Alaskan volcanoes typically blow with more ash than lava, spewing fine particles of dust and glass into the air. Breathing is not a good idea, but other than engines, we don't have to worry about property damage.

Tuesday, January 27, 2009

IF YOU'RE LOSING YOUR HOME

It's painful, isn't it, turning on the evening news and learning about another round of layoffs, with numbers not in the thousands but the tens of thousands. Among the pain and suffering to follow will be more and more foreclosures.

What if you can't make your house payments? First, contact your lender. It's not easy these days. Lenders are busy lobbying Congress to stop the proposed foreclosure relief measure that would allow bankruptcy judge to adjust what borrowers owe on their mortgages. But be persistent. Call and fax and write. Get legal help if you can.

If you decide to sell your house, be up front with your Realtor. Bound by confidentiality, your financial distress will not go public in the sales process unless you authorize your Realtor to share it. Your Realtor can help you work with the lender to arrange a short sale. But Realtors need all the facts, and that starts with you being forthright.

I read recently that Lance Davis of Les Bailey and Associates became the first Alaskan Realtor to earn the Certified Distressed Property Expert Designation. Unfortunately, it will probably be a good niche for awhile.

Monday, January 26, 2009

ANCHORAGE VALUES HOLD

According to an article in the Saturday edition of the Anchorage Daily News, real estate values are holding in Anchorage, despite sharp declines elsewhere in the nation. In fact, there's still something of a seller's market for homes priced below $500,000.

Local Realtors Clair and Barbara Ramsey compiled the data for the ADN. They note decreasing activity among sellers and builders as a factor in keeping our market balanced. We're fortunate to have not yet seen massive layoffs (it helps that our economy relies little on manufacturing) or foreclosures (loans up here having been mostly "non-creative").

As I've noted here before, values in the Mat-Su Valley (aka Palin country) and Fairbanks have fallen more sharply, but still not at the alarming rates seen elsewhere.

Friday, January 23, 2009

ALASKA'S NO PLACE TO ESCAPE

Not from the recession, anyhow. Our unemployment is running around 7.5%, and depending on which economist you ask, it looks like we'll lose about 3400 jobs this year. Most of the state's job loss will be in the construction, transportation, and resource extraction. Fairbanks is one of the few towns in the state (and the country) that will stay steady or see modest employment gain.

That's not fabulous news for real estate values. But it could be much worse. We're a resourceful bunch, and we'll get by.

Thursday, January 22, 2009

TAXING QUESTIONS

A few oddities about assessed values in Alaska: First, many Alaskan communities aren't first class cities, nor are they part of a borough (our version of counties). In those communities, there are no property taxes. Sounds like a great deal, doesn't it, until you realize that most of these places are not connected by road to the rest of the state, and you might be paying $13 for a gallon of milk or orange juice.

Secondly, to my knowledge there are no real estate transfer taxes in Alaska. That means that what you get when you sell or what you pay when you buy real estate is considered no one's business but your own. You'll receive requests from the assessor's office asking what you paid, but you don't have to tell them. This makes the assessor's job tough. If there were a transfer tax, the assessed value could be adjusted to the sales price every time a property changed has. As it is, our deeds say that the property sold for $10 and other good and valuable consideration. Translation: assessors, figure it out for yourselves.

Then there's the matter of not having to let assessors inside your house. Couple that with not needing permits for most places outside municipal rules (large swaths of Fairbanks, for example), and it's pretty tough for assessors to get a good idea of what you've really got. This is why you'll see the occasional tax-obsessed homeowner who refuses to put siding on his $300,000 house. He knows the assessor can't come in to see all his real improvements, and he hopes the weathered plywood or Tyvek exterior will give the illusion of a shack.

Finally, all assessments are done based on data collected the year before, so they're not completely in synch with the market. It's a lot like Enstar raising the price of natural gas by 22% this month. Even though gas prices have dropped, they're working off last years high costs. Likewise, assessors assemble data from the previous year and use it to adjust your taxes for this year.

Wednesday, January 21, 2009

ASSESSING THE WHINE

Hear the whine in the air? Alaskan property owners are receiving their property assessment notices, and some of them aren't happy. One disgruntled owner wrote a letter published in yesterday's Anchorage Daily News, complaining that his property value has gone up $3600 since last year.

Excuse me? You're complaining because your value went up? In this economy? Yes, I know that values have dropped in much of the Lower 48. But values have remained relatively stable in Anchorage. Some, like yours, have even gone up. That's cause for celebration, not complaint. There are folks down south, maybe even in the Valley and Fairbanks, who'd love to be in your shoes.

Yes, you'll have to pay a little more in taxes. Let's assume a mill rate of 20 - that's a whopping $72 more per year you'll contribute to the overall good of your community. And did I mention that the health of your community is vital to the value of your home?

I'm tempted to look you up in the assessment data base and offer you $3600 less than the assessed value for your home. I bet you won't take it.

If you have a legitimate complaint about the assessed value of your home, take it to the assessor's office. Mistakes do happen, and through the appeal process you may get an adjustment. But no whining, please, over a tiny increase in market values.

Tuesday, January 20, 2009

YOUR NEIGHBOR MATTERS

Perhaps even more than most Americans, Alaskans pride themselves on independence. So perhaps some could relate to a quote in a recent article on America's financial woes, in which homeowners were complaining they didn't want their tax dollars spent bailing out their neighbors who'd overextended by buying too much house.

Sounds good, but real estate values don't happen in isolation. The time to speak up about bad mortgage practices is while they're happening, not after the fact. Because now if that house next door forecloses, the value of your house drops. Simple supply and demand, accentuated by the effect of run-down homes on values of nearby properties. But Alaska's a long way from those troubled real estate markets in California and Florida and Nevada, so why should we worry - or pay?

A key principle of value has to do with economic factors that extend beyond real estate. Only when our overall economy is strong in terms of employment, availability of credit, and other key indicators will your real estate values also be strong. So don't be short-sighted. Your neighbor does matter. We all do.

Friday, January 16, 2009

MORE ON INSURING YOUR ALASKAN HOME

The tree from the roof has been transformed to a nice pile of logs. Another homeowners tip: watch for carpenter ants. These pesky critters killed said tree, which was toppled from the neighbor's yard. We don't have termites in Alaska, but carpenter ants do their share of damage both to trees and houses. Call an exterminator if they become a problem.

When you're shopping for homeowner's coverage in Alaska, there are a few points to keep in mind. One is that some insurers place unreasonable restrictions from Outside on Alaskan properties. For instance, they may want evidence of fire hydrants in close proximity. That doesn't happen in many Alaskan locations.

Log homes can be another sticking point. Some (but not all) insurers penalize log homes with higher rates, the logic being that if one log burns, the whole wall has to be replaced. Actually, burns rates on log homes tend to be slower than for stick frame, not to mention that it's the rare stick frame fire that leads to only a portion of a wall being replaced.

Lastly, Alaskan homeowners sometimes end up bearing the burden for disasters elsewhere in the country. After Katrina, one company dropped Alaskan homeowner coverage altogether. It's hard to follow the logic - we're not prone in the least to hurricanes. But apparently we're clutching the tail of the insurance food chain, and it's easiest to cut policies or raise rates here.

Thursday, January 15, 2009

INSURING YOUR ALASKAN HOME

Crash. That's the sound of a tree falling on your house. I know, because I woke up to that sound at 2 a.m. today. After last week's cold snap, Anchorage is now being treated to outrageously warm temps ushered in by 60 to 90 mile per hour winds. It's still dark, so I haven't been able to assess the full extent of the damage to the roof. At least I can't see daylight from my office. Yet.

So this seems a good time to talk about homeowners insurance in Alaska. When making an offer on a home, I recommend including a contingency regarding the potential cost of insuring the home. It might read something like this: "Offer is contingent upon buyer's satisfaction with homeowner's insurance quotes, to be obtained within five days of acceptance." Nothing magic about the five days - it could be ten or fifteen or whatever number is acceptable to both buyer and seller, keeping in mind that sellers don't typically like drawn-out contingencies that leave the deal up in the air. I

f you have an inspection contingency built into the contract (and I hope you do), the insurance contingency could be tied to that. Or it may be that the language of the inspection contingency covers insurance disclosure. There's a chance that Alaska's state regulations allowing for Buyer rescission based on new disclosure information could cover insurance disclosure, but state regs don't explicitly deal with how earnest money is treated in the event of rescission. When there's any chance for differing interpretations, it's best to write the contingency into the offer as long as it's structured in so that the seller doesn't see it as a major obstacle.

Why do buyers need to check insurance rates? Because if there have been three or more recent claims on the house, it may be either uninsurable or very costly to insure. I know - it doesn't seem fair. We understand auto insurance rates going up for drivers who have a bunch of accidents or tickets. But was the demise of my neighbor's tree the fault of my house?

No matter. The insurance companies make the rules. Our job is to know what they are and make sure we're not getting into rates we can't afford.

Wednesday, January 14, 2009

ALASKA'S ECONOMY

I'm not an economist, but when you're thinking of real estate, it's smart to take the overall economy into account. First, foreclosures. Too many, and property values take a hit. Part of it's the increasing supply, part is the run-down factor of these properties, and part is the psychology of the market, the effect of consumers when they drive past a legion of "foreclosed" or "bank-owned" signs.

Though Alaska received nearly $20 million from the US Department of Housing and Urban Development (HUD) to rebuild neighborhoods with lots of foreclosures, there really aren't many of those neighborhoods in Alaska. Our housing market didn't spike like a lot of markets, so it hasn't fallen off as much either. We didn't see a huge amount of house-flipping, so we're not seeing huge numbers of investment properties foreclosing now.

Perhaps most important, those of us in the real estate industry were a bit parochial about lenders. Even during the boom days, we encouraged buyers to use in-state lenders. Alaska Housing Finance add-ons like the first-time homebuyer and energy programs required in-state financing. And there wasn't a whole lot of "creative lending" going on up here. Result: fewer foreclosures now that the national economy has tanked. But of course we have some, and $20 million will go a long ways toward sprucing up some of our neighborhoods.

Tuesday, January 13, 2009

FHA RAISES LOAN LIMITS IN ALASKA

If you're looking to buy a home and don't have 10 or 20 percent down, FHA is a great way to go. A government subsidized program, FHA doesn't lend money. Rather, it insures mortgages offered by private lenders who use FHA guidelines. No, it's not one of those government programs that ranting radio folks say brought down our economy. FHA has been around for a long, long time, and it has always had tough requirements.

One is the buyer's debt to income ratio, which must meet strict criteria to insure that the buyer isn't getting in too deep with mortgage payments. Another is the loan limit, designed so the loans continue to reach the target group of less-advantaged homeowners. Sample loan limits for single family homes in Alaska:

Anchorage: $290,950
Fairbanks: $271,051
Juneau: $349,600

Homes financed under FHA must meet criteria certified by FHA appraisers. Buyers must occupy the home and must bring 3% downpayment to the table. In other words, with an FHA mortgage, the lender typically finances 97%. And FHA allows buyers to use gift money toward the 3%, as long as it's documented and doesn't come from the seller.

For more on FHA loans, contact your lender or visit the FHA website.

Monday, January 12, 2009

LOW ENOUGH?

Gas prices may be going up again, but mortgage rates remain low. How do you decide if they're low enough to refinance?

One rule of thumb is to refinance when the rate is a full percentage lowers than your current rate. Note that refinance rates are often slightly higher than rates quoted for home purchases. So if you hear rates are 4.9%, they might be 5 or even 5.15% for a refinance.

The other consideration is how long you plan to stay in your home. If you think you'll move within the next one to three years, you probably won't save enough in interest to recoup your closing costs. Rolling closing costs into the loan may make it seem "free," but you're financing more to cover them, which means that you'll pocket less cash when you sell.

If you're planning to stay in your home five years or more, give serious thought to a 15-year mortgage if you can possible afford the monthly payments. You'll save tens of thousands (if not hundreds) in interest. With an online amortization calculator, you can run the numbers for yourself.

Friday, January 9, 2009

TOO MUCH OF A GOOD THING

The furnace is fixed and I can once again post without the annoying sound of my chattering teeth in the background, so let's get back to refinancing. This morning's news included reports that the average rate for a thirty-year fixed mortgage has dropped to 4.9%. And word on the street is that we may see rates rise again by the third quarter of this year, if not before. Sounds like time for a refi, right?

Certainly time to explore the option. We've already talked about finding out whether you've got enough equity in your home to qualify for the refi without plunking down a lot of cash. For the past decade or so, people went around thinking a house was something you yanked equity out of whenever you needed some spare cash, sort of like the proverbial money tree. Lots of homeowners feLL into that wrong-headed and short-sighted view. They called it leveraging, which is all well and good till the bottom drops out, the equity dries up, and you have to plunk down a chunk of change or ruin your credit with foreclosure and possibly bankruptcy. And till the combined effect of all those equity draws sends the economy into a tailspin.

You don't hear much about HELOCs, or Home Equity Lines of Credit, these days. Same for cashout refis. And that's a good thing. Because a lot of people in our industry saw a piece of our current financial crisis coming a long ways back. People ratcheted up their spending, buoying up the economy with money extracted from inflated "values" that were bound to come down. There's a lot of talk these days about consumers not spending like they used to. A whole lot of that is wrapped around the fact that we were spending too much before, drawing on equity in our homes that flipped itself around quicker than you can say "mortgage crisis."

So quit blaming the folks who got low-income, government subsidized loans. Most of them had to plunk down their own money to do so. It's the rest of us who are really to blame, living hot-fat off programs that encouraged us to borrow at no cost against values we didn't really have. But no one wants to hear that. It's a lot easier to blame the poor.

All right. Off my soapbox. Next we'll talk about interest rates and timing your refi.

Thursday, January 8, 2009

IS IT WARM YET?

It's 7 a.m., and I'm sitting next to a roaring fire, my boxer at my feet. She's wearing her dog sweater. I'm wearing my wool hat. The temperature outside is -13. The temperature inside is 50 and holding. So far.

Last night when we came home from curling (we lost, don't ask the score), I could tell before I took off my coat that it was cold inside. Sixty-three, the normal sleeping temperature, but it was early for that. Cold air was blowing through the heating vents. We reset the furnace, it fired, and we went to bed. I woke up thinking I'd gone camping. Forty-nine degrees, and this time the reset didn't work.

Thirty years ago, when I first came to Alaska, we cooked and heated with the same oil stove, fed by fuel from an elevated fifty-five gallon drum. No one told us that fuel oil gelled at -40. It got cold inside. Very cold. At least there were no pipes to freeze, because we had no running water.

Now I'm monitoring the fire and two space heaters, one in the downstairs bathroom and one pointed at the water pipes in the garage, while waiting for a callback from a furnace repair person. We're planning to replace the furnace in the spring, taking advantage of the AHFC rebate. But evidently the old one needs some TLC to limp through till then.

Take-away points:

--have your furnace or boiler cleaned, tuned, and serviced annually
--have a contingency plan if the heat goes out: woodstove or fireplace (keep chimneys clean), space heaters (monitor carefully), close off parts of the house that don't have water pipes
--consider heat tape for pipes in parts of the house prone to freezing
--take heating and freeze-up potential into consideration before purchasing. Look closely at property disclosures for evidence of past problems. Talk with a reputable engineer about freeze-up potential and prevention tips.

Wednesday, January 7, 2009

REFI COMPLICATIONS

Yesterday I talked about one aspect of the refi quandary - getting an appraisal. With the financial crisis, lenders have tightened up on the ratio of their investment vs. yours. You may have gotten your original financing at zero down, but on a refi the lender will probably want you to have more equity than zero - ten, maybe twenty percent. A lot will depend on your lender and your credit history.

Back when the market was booming and money was flush, we didn't worry about having enough equity for a refi - it was pretty much a given. And we counted on the same equity to cover the refi closing costs, in a rollover from what's called a "cash out refi." Heck, we often walked away with money in our pockets.

That whole scenario has more or less skidded to a stop for folks who did low or no down payment on a mortgage within the last few years in an average or below-average market where values have dropped 10, 20, or even 30 percent. Unless you have a chunk of change, the refi won't happen.

The first step is to get the facts. Talk to your lender about refi terms. If you're unsure about your home's value and don't want to plunk down the cost of an appraisal, you might find a Realtor to give you a BOV (Broker Opinion of Value). I used to charge $100 for this service, with a refund off my commission if the house were listed with me for sale within a year.

Tuesday, January 6, 2009

THINKING OF REFINANCING?

Interest rates are nice and low, and rumor has it they may be headed lower still. So is now the right time to refinance?

That depends a lot on your circumstances, including what you owe on your house, when you last refinanced, your future plans for your house, and your current interest rate. Even back when the market was flush, I had clients who'd refinanced so often that they were upside down in their home, not to mention what they'd dished out in refi closing cots.

One of your first considerations should be what you owe on your current mortgage versus what your house is worth in today's market. In most cases, the bank will require you to purchase an appraisal as part of the refi process. That will set you back $300 to $600, depending on where you live and the type of financing you're using. Different programs require different forms, with appraisals for federally subsidized programs (actually, it's the mortgage insurance or loan guarantee that's subsidized) requiring lengthier forms that take more time for an appraiser to complete.

Is there any advantage to requesting the last appraiser who valued your house when you're getting a refi appraisal? If your most recent appraisal was in the last year or two, you might get a price break. Or you might not. It depends on your market, the individual appraiser, and whether the form is the same or different. And lenders aren't as lenient as they used to be about letting home owners choose appraisers. You may find the appraiser has been selected for you.

In any event, appraisers typically share data from their previous appraisals, so in theory they should all come up with roughly similar values for your house. But appraisal is an art, not a science. If you do have a choice of appraisals, folks in the industry may offer some suggestions as to which appraisers are most conservative or generous.

I prefer middle-of-the-road appraisers, those with reputations for fair and accurate valuation. A generous appraisal might sound nice up front, but no one wants their plans dashed down the road when they discover what they thought their house was worth is actually an inflated value.

Monday, January 5, 2009

FINAL THOUGHTS ON ALASKA'S ENERGY REBATE

It's supposed to warm up by Thursday, so I'd better wrap up my thoughts on staying warm. Alaskans, have you taken down your window screens? If you leave them up, they trap moisture in the cold and can cause rotting. Ditto for stuff piled up in closets. If there's an exterior wall, you could be growing mold and mildew - not good stuff to be breathing when you're trapped inside. Let that air flow!

"Very, very popular" is how AHFC Home Energy Rebate Officer Rosie Ricketts described response to the program. Ricketts ran the program on the last go-round, and she's excited to be back, helping to "create a mind change."

"We need to consider how we use our own personal energy," she adds. My last few posts provide an overview of how the program works. For details, go to www.akrebate.com or call 877-251-3228. Remember, funds are limited, so don't delay.

And speaking of "free" money, you did apply for your Permanent Fund Dividend Check, didn't you?

Friday, January 2, 2009

ALASKA ENERGY REBATES: PART 3

I hope you Alaskan homeowners are planning to check into AHFC's Energy Rebate program if you haven't already. You'll benefit from a nice reduction in energy costs plus free improvements to your home.

Thinking of selling? We're not, but if we were, consider how much more marketable our house would be with a four star plus rating and new garage doors, new exterior doors, a new furnace, and added insulation.

Buyers, consider a clause that makes your offer contingent on your satisfactory review of a full year's utility costs and a boiler/furnace servicing and inspection within the past year. It's cold enough outside - there's no sense breaking the bank to stay warm indoors.