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Nevada Hot Properties.com
Article

Banks dont belong in Real estate

Washington DC

WASHINGTON (May 22, 2003) – For the second consecutive Congress, a majority of the U.S. House of Representatives has cosponsored legislation that will keep banking conglomerates out of real estate brokerage and property management and permanently stop a proposed rule pending before the U.S. Treasury Department and the Federal Reserve Board, the National Association of Realtors® announced today.

A total of 229 members of the House and 17 U.S. Senators have signed onto the Community Choice in Real Estate Act (H.R. 111/S. 98) since the legislation was reintroduced on January 7, the first day of the 108th Congress, by Reps. Ken Calvert (R-Calif.) and Paul E. Kanjorski (D-Penn.) and Sens. Richard Shelby (R-Ala.), Wayne Allard (R-Colo.) and Hillary Rodham Clinton (D-N.Y.). These latest cosponsorship numbers reflect recent Capitol Hill visits by Realtors who were in town for NAR's Midyear Legislative Meetings last week.

Banking conglomerates are seeking permission to sell and manage real estate via a proposed rule before the Federal Reserve and Treasury. However, the proposed rule is contrary to what Congress intended when it passed the 1999 Gramm-Leach-Bliley Act. At the behest of Rep. Anne Northup (R-Ky.), a budget provision barring Treasury from finalizing the rule was included in the fiscal year 2003 spending package passed by Congress and signed by President Bush earlier this year. The Community Choice in Real Estate Act would amend the Bank Holding Company Act and permanently prohibit big banks from entering the real estate business.

"For the second Congress in a row, a majority of the House of Representatives has affirmed that banking conglomerates should not be allowed to add real estate brokerage to their ever-expanding list of business ventures," said NAR President Cathy Whatley, owner of Buck &s; Buck Inc. in Jacksonville, Fla. "The new cosponsorship numbers, coupled with passage of the Northup amendment earlier this year, show that Congress never intended to allow banks to get into real estate."

"We had over 245 members of the House and 15 Senators on board the Community Choice in Real Estate Act last year and we're on track to surpass those milestones this year," said Martin Edwards Jr., NAR immediate past president. "On behalf of almost 900,000 Realtors and countless communities all across the country, we call on Congress to accede to the will of the majority and pass the bill. We will not relent until the Community Choice in Real Estate Act becomes the law of the land."

"We also expect the Treasury Department to abide by congressional intent – the cosponsorship numbers don't lie – and deny the proposed rule. We continue to believe that banks cannot obtain through regulation that which they obviously cannot get through legislation," Edwards said.

A number of consumer, community and small business advocates have voiced their support because they agree that if big banks were allowed to take over local real estate businesses, there would be a negative impact on communities across America, leaving home buyers and sellers with fewer choices, higher loan fees and reduced customer service.

Organizations that have voiced support for the Community Choice in Real Estate Act include the Building Owners and Managers Association, CCIM Institute, Consumers Union, Institute of Real Estate Management, International Council of Shopping Centers, National Affordable Housing Management Association, National Association of Home Builders, National Association of Industrial and Office Properties, National Auctioneers Association, National Fair Housing Alliance, National Federation of Independent Business, National Leased Housing Association and the National Community Reinvestment Coalition.

"Housing continues to be the leading sector of our economy. Approximately 68 percent of new growth in our gross domestic product (GDP) last year was housing-related. We're thrilled t

The All Cash Offer

Be Wary Of The All Cash Offer

The moral of this column can best be summed up with the old Latin adage "caveat emptor -- let the buyer beware."
JUN 09, 2003
Realty Times

Q. We have just received an advertisement in the mail offering "all cash” for our house, or in the alternative to give us a monthly payment for our equity. Our house is an investment property, which is in need of a lot of repairs, and thus the offer sounds attractive. What guarantee does a seller have that he/she will get the full amount. Suppose the company goes bankrupt? How can these companies offer such benefits as without even seeing the property?

A. The moral of this column can best be summed up with the old Latin adage "caveat emptor -- let the buyer beware."

As with any transactions among strangers, most are legitimate, but many are fraught with problems, including fraud. You have received an unsolicited mailing, whereby a promoter offers to buy any house -- often sight unseen -- and pay the seller on a monthly basis any equity that exists in the house.

At first blush, this may be a good deal. You -- as seller -- will be able to sell your house, and take payments on an installment basis. You will not have to pay a real estate commission. If you make a profit on the sale, since this is investment property, you will have to pay capital gains tax immediately. If you get monthly (or yearly payments) this is called an “installment sale”, and you will be able to defer full payment of the capital gains tax until you are paid in full on your equity.

Furthermore, by selling your house, you will be relieved of any obligations to pay your outstanding mortgage as well as the real estate taxes. Keep in mind that if there is a tenant in the house, that tenant will have rights which have to be honored and respected.

Sounds too good to be true? It may be, since there many negatives involved in this kind of transaction.

Let us look at some of the possible pitfalls:

  • Buyer goes into bankruptcy. You raise the question of the possible bankruptcy of the purchaser. If the proper protections are taken at the time of settlement, the filing of bankruptcy will create a delay, but should not pose a major problem for you. If you take back a first deed of trust from your buyer for the amount of the equity you are lending, and if this deed of trust (mortgage) is properly recorded in the land records where your property is located, you will be a secured creditor. In the worst case, you will ultimately get the house back.

    But, you have to make sure that you have a first trust. If, for example your buyer obtains a first trust, and is only prepared to give you a second trust, there is a potential of great risk. If the buyer does not pay you, I suspect that the buyer will also not pay the first trust lender. The first trust lender can foreclose on the property and your second deed of trust may be wiped out.

    Over the years, there have been some real fraudulent situations. Here’s a common one. You agree to sell your property for $100,000, and agree to take back a trust in the amount of $70,000. The Buyer gives you the difference in cash, namely $30,000. But unbeknownst to you, he arranges with his friendly title company companion to have your trust put in second position behind a first trust also in the amount of $70,000. The buyer leaves the area and defaults on both loan.

    But don’t shed any tears for the buyer. He
     

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