Short-sale disputes were designated as the most significant legal issue facing real estate professionals, according to therecent National Association of Realtors’. In addition, according to a NAR survey, REO agency issues, property condition and RESPA issues are among the the top issues facing real estate professionals today.
Read more here from DSNews.com.
As the housing market begins to dig itself out of the trough caused by the bubble, new tough down payment requirements are hamstringing recovery momentum, especially among first time home buyers. Under the newly proposed Qualified Residential Mortgage (QRM) rule (meant to prevent another credit bubble in housing markets) only borrowers putting down 20 percent can get the best deals. To buy a median nationally priced home of $170,000, the borrower would have to come up with $34,000 in cash, which takes the average middle class family 14 years to save. Even repeat buyers will be restricted from getting the best deals as equity has eroded from their home which is normally used to purchase a new home.
The Federal Reserve Board’s regulations governing loan originator compensation went into effect April 6 after a federal appeals court dissolved a stay suspending implementation of the rule.
The U.S. Court of Appeals for the District of Columbia Circuit issued an order March 30 to stay the implementation of the Board’s loan originator compensation regulations. However, on April 5, the appeals court on Tuesday ruled National Association of Mortgage Brokers and (NAMB) the National Association of Independent Housing Professionals (NAIHP) had not “satisfied the stringent standards required for a stay pending appeal,” and dissolved its administrative stay of the rule.
The Associations filed a lawsuit March 9 against The Federal Reserve System seeking to restrain implementation of a section of the Fed’s loan originator compensation rule. On March 30, Judge Beryl Howell denied NAMB’s request although she found the rule could cause irreparable harm. NAMB then appealed to the U.S. Court of Appeals, which then issued the stay on March 31, preventing the rules from going into effect April 1. The Federal Court then dissolved the stay after both NAMB and the Federal Reserve filed replies.
The three-judge appeals court panel also denied an emergency motion to stay implementation of the rule pending appeal, and denied a motion for expedited relief that sought to fast-track the appeal process.
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In Massachus
etts an estate of homestead protects a homeowner’s primary residence from the claims of certain creditors. Prior to the change in the law the declaration of homestead protected the equity in the home for up to $500,000 of its equity in the event the home owner is sued. That is, if a homeowner is successfully sued in court, $500,000 of the home’s equity could not be touched by an attachment and or execution of sale by the judgment creditor. To acquire the homestead a homeowner would need to file a written declaration and record it with the county Registry of Deeds.
The Massachusetts Legislature has recently passed long awaited revisions to the Massachusetts Homestead Act. The revised law now provides automatic protection up to $125,000 on a homeowner’s primary residence, and a written homestead can also be filed to increase the protection up to $500.000. The act also provides homeowners additional protection: (more…)
Turmoil in Libya and Middle East countries may send oil prices up and affect mortgage rates.
If investors fear that rising oil prices will derail an emerging recovery, they will remove their money from stocks and put it into safer bonds, especially government Treasuries. That will help lower mortgage rates. More bond purchases will push bond prices up and their yields, or their interest rates paid to bond owners, down. Mortgage rates would also decline, since they cannot be lower than government bond rates.
That’s exactly what’s been happening this week. Oil prices went over $100 a barrel, its highest price since September 2008. Mortgage rates have declined for three consecutive weeks, with the average rate for the 30-year fixed-rate mortgage declining from 5 percent to 4.84 percent last week.
Long-term fixed rates decreased for the third consecutive week, according to Freddie Mac’s Primary Mortgage Market Survey.
The 30-year fixed-rate mortgage (FRM) averaged 4.87 percent with an average 0.7 point for the week ending March 3, 2011, down from last week when it averaged 4.95 percent. Last year at this time, the 30-year FRM averaged 4.97 percent.
The 15-year FRM averaged 4.15 percent with an average 0.7 point, down from last week when it averaged 4.22 percent. A year ago at this time, the 15-year FRM averaged 4.33 percent.
The 5-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 3.72 percent this week, with an average 0.6 point, down from last week when it averaged 3.8 percent. A year ago, the 5-year ARM averaged 4.11 percent. (more…)