Court puts property seizure plan on ice
By Tara-Nicholle Nelson Wed, May 12 2010

Law of the Land

Tara-Nicholle Nelson
Inman News

In the case United States v. Queri, the federal government indicted Joseph Queri on charges of mail fraud, wire fraud, securities fraud and money laundering, among other things. The indictment included a forfeiture allegation, seeking to have Queri turn over to the government any property that could be traced to the alleged crimes.

If property directly linked to the crimes was unavailable, the indictment specifies that an apartment complex owned by an LLC in which Queri was an 80 percent member would be forfeited as a substitute.

The United States recorded a lis pendens — a notice of pending action — against the apartment complex, The Bradford, the day after the indictment came down. The lis pendens prevented the LLC from refinancing or renegotiating a mortgage loan secured by The Bradford, causing the mortgage to become past due.

Queri filed a motion for the U.S. District Court for the Northern District of New York to order the U.S. government to remove or cancel the lis pendens, so that the mortgage on the Bradford could be renegotiated.

Queri’s motion was granted, and the court ordered the government to remove the lis pendens.

In argument on the motion, the government acknowledged “that federal law does not expressly authorize the filing of a notice of lis pendens on potential substitute property.” Citing United States v. Gotti, 155 F.3d 144, 149 (2d Cir. 1998), the court explained that the law authorizes the government to place a pretrial restraint to ensure that property directly connected to the charged offenses is preserved, but may not place pretrial restraints on substitute property.

In Gotti, the pretrial restraint the government was not allowed to place on substitute property was a restraining order prohibiting the sale of the property; in this case, the restraint the government sought was a lis pendens.

Following the rationale of a similar opinion issued by the Southern District of New York Court, the court ruled that there was virtually no difference between a lis pendens and a restraining order against the sale of the property in this case, because a lis pendens recorded by the U.S. government would in effect prevent the property from being transferred, realistically speaking.

The court rejected the government’s argument that the lis pendens on Queri’s substitute property was authorized by sections 6501 and 1343 of the New York Civil Practice Law and Rules, both of which “provide that such notices may only be filed in any action ‘in which the judgment demanded would affect the title to, or the possession, use or enjoyment of real property …’ ” The judgment sought by the indictment against Queri, explained the court, is Queri’s conviction — which affects only the title and possession of property connected to that offense, not substitute property.

Additionally, the government neither alleged nor provided evidence that Queri’s interest in The Bradford was acquired using assets he obtained by committing the crimes with which he was charged, as required for The Bradford to be forfeited as substitute property.

Accordingly, the court ruled, until the government satisfies the elements required to establish its right to forfeit Queri’s substitute property, the government is prohibited from recording a lis pendens against The Bradford. Queri’s motion was granted and the lis pendens was ordered to be lifted.

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CURRENTLY: SOLD

6821 Parkers Crossing Dr., Charlotte, NC, 28215
Bedrooms- 3
Baths- 2
Sq ft= 1533
Price- $149,900
MLS#- 917748

Call Rod Potter today at (704)840-4137 to find out more information on this listing.

117 Fox Run Dr., Fort Mill, SC
Bedrooms- 3
Baths- 2
Sq ft= 1852
Price- $149,900
MLS#- 927292

Call Rod Potter today at (704)840-4137 to find out more information on this listing.

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Home Prices Gain in 91 U.S. Cities in First Quarter
May 11, 2010, 12:00 PM EDT

By Kathleen M. Howley

May 11 (Bloomberg) — Home prices rose in 91 U.S. cities in the first quarter as states hard hit by foreclosures began to recover and a tax credit cut the number of properties for sale.

The median price of a single-family home sold in Saginaw, Michigan, doubled to $60,800, the Chicago-based National Association of Realtors said in a report today. Prices in Akron, Ohio, climbed 90 percent to $95,300 and Grand Rapids, Michigan, recorded a 26 percent increase to $90,700. Nationally, the median declined 0.7 percent.

Cities that led the nation in foreclosures a year earlier had the biggest price increases as a tax credit of as much as $8,000 boosted demand and drove the supply of unsold homes to a four-year low in January, according to Lawrence Yun, chief economist for the Realtors’ group. Brian Bethune, chief U.S. financial economist for IHS Global Insight, said an improving job market should sustain the fledgling rebound in real estate.

“In the second half of the year, employment growth and an improving economic situation should keep the housing recovery on track,” Bethune said in a telephone interview from his Lexington, Massachusetts, office.

Today’s report showed the recovery accelerating from the fourth quarter when 67 metropolitan areas reported price gains.

Peak to Trough

The U.S. median home price tumbled 29 percent over three and a half years as defaults among subprime borrowers flooded the housing market with cheaply priced foreclosures and Wall Street piled up $1.78 trillion in losses and asset writedowns.

The median prices of an existing U.S. home peaked at $230,300 in July of 2006 and hit a low of $164,600 in February, according to NAR data. The drop was 13 percent in 2009, outpacing 2008’s 9.5 percent decline.

This year, prices may increase 2.5 percent as the economy improves, according to the Realtors’ forecast.

The median price of a single-family home in the New York metropolitan area rose 1.8 percent to $380,400 in the three months ended March 31. The areas surrounding New Haven and Milford, Connecticut, gained 5.3 percent to $227,900.

The Edison, New Jersey, region had a 1.5 percent gain in the median price; and Hartford, Connecticut, posted a 1.6 percent increase to $225,900. Prices in the Boston metropolitan area increased 11 percent to $321,800.

Transactions Fall

In a separate report, NAR said U.S. sales dropped 14 percent in the first quarter from the prior period, mostly because buyers rushed to purchase homes in the fourth quarter when the tax credit for purchases was originally set to expire.

Congress ultimately extended and expanded the credit for purchase contracts signed by April 30.

South Dakota led the nationwide sales decline with transactions falling 33 percent in the first quarter. Sales in Pennsylvania and Idaho dropped 28 percent. Connecticut transactions decreased almost 15 percent and New York sales were down 9.4 percent, NAR said.

Nationally, home sales probably will rise 4.3 percent to 5.38 million this year and gain 5.1 percent to 5.66 million in 2011, according to a forecast posted on NAR’s website. In 2009, sales climbed for the first time in four years to 5.16 million.

To talk about the market call me today at (704)840-4137.

courtsey of Bloomberg.net

Myth # 1
All real estate agents are the same.
Many buyers think that anyone who holds a real estate license is equally capable of assisting them in buying a home. But I would ask them, “Does everyone with a driver’s license operate a vehicle the same way?” Of course not. Both drivers and real estate agents are licensed by both their state. But just as drivers approach the road differently, so can real estate licensees vary considerably in how they approach their job.
In a similar vein, real estate designations indicate that an agent has completed advanced training, which is usually a sign of higher competence. After all, would you rather hire an accountant or a certified accountant? Still, designations don’t necessarily guarantee a higher level of service.
To by truly successful in this business, we all need to remain committed to personal growth and skill development. That effort includes designations but is also involves something more- an eagerness to constantly find ways to raise the bar. So if buyers, want to avoid the risks involved in believing that we’re all the same, they should take the same advice that most sellers employ- interview as least three agents before you make an informed decision about who you want to work with.

Myth # 2
The agent on the For Sale Sign will look out for my interests.
You would think that all the changes in agency disclosure laws over the years would have altered the way consumers approach buying a home. But in my experience, most buyers, and especially first-buyers, still don’t understand that concept of representation and mistakenly believe that a listing agent will watch out for their interests. Unfortunately, buyers are still more likely to shop for homes rather than shop for an agent who will assist them in finding a home.
I’ve tried to help dispel this myth with my advertising campaigns targeting buyers. Most of us would agree that it’s very challenging to prospect for buyers. But I believe that in order to reach them, my ads can’t just promote my listings; my ads need to promote me. One campaign I run uses this theme: “Don’t call on sings. Don’t’ call on ads. Call on Randy.” My marketing message goes on to explain what, specifically, I offer buyers.
But to really connect with buyers, you need to be very clear about your own unique value proposition, and be able to convey this very quickly. Are you going to tell buyers about your great negotiating skills? Your diligence in finding every prospective home? Or your unsurpassed knowledge of your market? Whatever it is, you need to pinpoint and refine your message to buyers and include it in all your communications directed towards them.

Myth # 3
I can find all properties for sale on my own.
As more and more first-time buyers search for and preview properties online, the myth has grown that they can find every property they may be interested in on their own. But not all available properties are advertised, or have a sign. Overnight updates too many online listing sites can lag real-time developments, particularly during hot markets. Buyers don’t really understand how the real estate listings work, nor are they plugged into their local real estate markets to the extent that agents are.

Myth # 4
If I just wait long enough, I’ll find the perfect home.
There is no such thing as a “perfect” home. Buying a house requires compromises, a big dose of reality, and an awareness of market conditions. But first-time buyers, in particular, don’t always understand this. They’re more focused on the enormity of the decision- they’ve never made such a substantial purchase before and they really want to get it right. On top of this, if the real estate market is slow in your area, I’ll venture a guess that you’re seeing even more foot-dragging with first-time buyers.
But I also recognize that many good buyer-clients simply need time to make a decision. (I think of them as “wait-watchers”) I always make a point of asking buyers how they want to proceed. Do they want to do all the watching, letting me step in to help them get the home after they’ve identified one? Or do they prefer that I do all the looking, letting them know if something comes up? Discussing and clarifying clients’ preferences in your/their role can go a long way towards managing expectations and helping you adapt your services to satisfy a wider variety of clients.

Myth # 5
I’ll improve the odds of finding the house I want if I work with more than one agent.
First-time buyers, eager to canvass a market for all possible homes and (again) not really under-standing buyer-representation, can mistakenly rationalize that they might as well have several different real estate agents searching for them. Before you know it, a buyer ends up seeing the same house with two different agents, creating, confusion over who is doing what for the buyer and who earns cooperative compensation.
Of course, this possible scenario could be completely avoided if we asked, up front, if a buyer is working with anyone else- and if we explained buyer-representation to buyers, so everyone was clear about who was working together, and how. This is why buyer’s reps are encouraged to get a signed representation agreement with their clients. And as standard of Practice 16-9 of the REALTOR® Code of Ethics instructs, we have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service. So eliminating this myth among buyers may be as simple as following our own guidance.

Myth # 6
Buying a house is a simple as agreeing on a price and signing a few papers.
If only I were that simple! However, first-time buyers don’t always appreciate that purchasing negotiations can involve many other issues, beyond price. Nor do buyers realize how many other steps are part of the purchase process after the contract is signed including loan approvals, appraisal, title search, home inspection, etc. Helping a buyer move a transaction successfully from contract to closing takes a lot of effort!
This is anther area where I think it’s vitally important for buyer’s representatives to manage their client’s expectations; including explaining how each step will be handled to finalize their purchase. Are you planning to baby-sit the transaction all the way to closing? Or do you have other people on your team who will help guide the buyer? Regardless of how you assist clients with their transactions, buyers need to know what to expect right up front, so they don’t encounter any unpleasant surprises. To earn their long term loyalty (and referrals), keep them informed- and satisfied- until they’ve settled into their new home, and beyond.

Myth # 7
Foreclosures offer the best deal.
With so many more foreclosures taking place, and so much media attention focused upon them, it’s not surprising that many buyers assume that foreclosures are a good deal. But the fact is, some are overpriced. And some have undesirable conditions attached to them. I always tell buyers that when it comes to foreclosures, what you see is what you get-and what you don’t see is also what you get.
Still, foreclosure properties represent a growing segment that many buyers’ representatives don’t fully understand. To determine whether or not a foreclosure truly offers a good value required considerable research and due diligence
Myth # 8
Getting a mortgage should be quick and easy.
Many first-time buyers question and resent the whole lending process. Then ask, “Why do I need to provide that?” and “Why do I need to jump through all these hoops?” In my experience, their resentment has less to do with thinking they’re entitled to a mortgage, and is more about feeling annoyed and impatient.
Again, we can help smooth the process by explaining that, especially in the recently-turbulent mortgage market, lenders need to take important precautions before extending credit. Even if your buyer is seeking a loan from a bank where they’ve been a long-time customer, the fact remains that their mortgage will very likely be sold off in the secondary market to an investor who doesn’t know them, but expects to see complete documentation on creditworthiness.

Myth # 9
All mortgages are essentially the same.
Given all the recent attention on borrowers who are struggling to live with ballooning adjustable-rate mortgages, you’d think that more first-time buyers would be attuned to the notion that mortgages are not all alike. Perhaps it’s more important than ever for buyer’s representatives to help them understand the complexities in choosing a mortgage.
The key questions are: How does one rate compare- to another over the long haul? How long will you be in your home? What are you long-term investment goals? Does a 15-year versus 30- year program measure up against your goals? Does an adjustable rate mortgage make sense, and if so, what’s the best time frame? First-time buyers often don’t look at enough options before they buy. IN assuming that all mortgages are the same, they deprive themselves of making a fully-informed decision.

Call me today at (704)840-4137 to talk more about this.

This questions is one of the most common questions that I get from out-of-town buyers.

Charlotte Climate

Annual Average Temperature in Charlotte:  62
Annual Average Precipitation in Charlotte NC:  43 inches
Annual Average Snowfall In Charlotte:  5 inches
Average Humidity In Charlotte NC – February:  68%
Average Humidity In Charlotte – August:  84%

Average Monthly Temperatures In Charlotte NC

Feel free to call me today to talk about the weather.

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Many first-time buyers are unfamiliar with the process when they start looking for a home. Realtors know that the best clients are those who have done their research before starting the process of shopping for a home, because it makes the process much smoother and there are generally very few surprises.  Nothing is more critical for a buyer than being prepared for just about anything.

This holds true whether you are planning to by a small one-bedroom home or a pricey gated home in a beachfront community.  Knowing how the buying process works is definitely advantageous to you as a buyer.

Here are three important questions to ask yourself before deciding to buy a home:

FIRST:  Are You Financially Prepared?
Lenders make it simple for today´s home buyers to determine in advance just how much home they can afford to purchase comfortably.  The first step in making this determination is to use a pre-qualification service through a major lender in order to estimate how much you can afford in light of your current income and large monthly payments.  This process may be as simple as a calculation that tells you what amount you can finance based upon a monthly payment equal to 28% of your net monthly income, or it may factor in your car payments, student loan payments or other mortgage loan payments.  The calculation depends on the lender, but generally the pre-qualification process does not involve anyone reviewing your credit report or other details about your specific situation.

Note that pre-qualification is not a promise to lend.  For that, you will need to select a lender and request pre-approval of a maximum loan amount.  Most lenders use the pre-approval process to determine the borrower´s creditworthiness and decide whether to extend financing and, if so, in what amount.  Once a buyer is pre-approved for financing, he or she receives a pre-approval letter from the lender that states the maximum amount that can be borrowed and the conditions of the loan.

However, pre-approval is not the only thing you need to worry about.  As anyone who has ever purchased a home will tell you, you will need to have about five percent of the home´s purchase price in hand on the day of closing.  This money can and will be used to cover closing costs, such as attorney fees, property taxes, title insurance, documentation fees, and more.  The total closing costs will vary depending on the home´s location and your lender.  If you have made an agreement with the seller in advance, he or she may pay your closing costs for you.

The down payment is one more thing that you need to consider in terms of finances. Traditionally, buyers were expected to make a down payment of about 20% of the home´s purchase price in order to secure equity and demonstrate security to the lender. Fortunately, today´s buyers have access to many programs that provide down-payment assistance and even zero-down mortgages.  Therefore, if you feel that you are unable to put 20% down, research such programs before determining which loan program you will use to purchase your home.

Canadian lenders are more rigid about down-payment requirements, because they are subject to laws that govern the maximum borrowing percentage.  Therefore, Canadian buyers should plan to make a 25% down payment on the closing date.

Making a down payment is more than just handing the lender a check for 20% of the home´s selling price.  As part of the mortgage approval process, you will need to clearly document where

the money came from and how you came to have it.  A gift is allowable for down payments, but only if it is from a close relative or another person with whom you can prove having a very close relationship.  You can use funds from your checking and savings accounts as long as they have been there for several months prior to lender verification. You can also liquidate assets such as homes, vehicles and investments in order to generate the necessary down-payment cash.  Some employer-sponsored retirement accounts will permit you to borrow or cash out funds for the down payment on a home.  In generally, it is not acceptable to borrow funds in order to make a down payment.

SECOND: What Do You Want?
This open-ended question is a prompt to get potential buyers thinking about the list of must-haves for their home-buying process.  Realtors, friends and family alike will probably prompt you to make lists and to constantly revise them in the hopes that before too long you will determine what you can and cannot live without, as well as what you do not want to have in your next home.

A good example is the kitchen.  Do you frequently entertain, or do you have a large family?  If you answered yes, then a modern, well-equipped and large kitchen will probably be on your list of must-haves.  But you may be willing to update a less-than-perfect kitchen as long as the size is right.  Therefore, the size of the kitchen is what will be on your list.  As you make your list, scrutinize every entry and try to be as specific as possible.

THIRD: Where Are You Looking?
Many potential buyers begin searching for their new home on the internet.  Many realtors now include home listings on their website, and there are also sites that include all of the homes listed on the multiple listing service (MLS).  Look online, but only to narrow down the specific type and style of home for which you are looking.

Once you have a good idea of the type of home that you want to purchase, contact your realtor to see what information he or she has about the homes in which you are interested.  Your realtor may have already shown some of the homes and therefore be able to provide you with information that will be useful in determining whether or not a specific home will work for you.

Drive past the homes that you are considering and make a list of those that interest you.  Then make an appointment with your realtor to see as many of those homes as possible, so that you can get a true sense of how the homes compare to one another and how they stack up against your list of must-haves.

Conclusion
By asking yourself the three simple questions above, you are well on your way to a successful home-buying experience.  Remember that your realtor is your best ally in the home-buying process, and never hesitate to ask questions or request assistance in understanding the process.  Every homeowner was once a first-time buyer. You, too, will get through the process of buying a home unscathed.  Learn as much as possible about the local market, know what you are looking for, and know exactly how much you want to spend.  Once you have made those major decisions, you can relax and have a great time looking for the home of your dreams.

Contact me today for more information!  Rod Potter/ Email: rpotter@carolina.rr.com / Phone: (704)840-4137