There’s always something to howl about.

Category: Real Estate (page 195 of 266)

Arizona appraisal bill, amended to permit AVMs such as Zillow.com to operate in state, fails to pass

Arizona SB 1291 failed to pass Tuesday afternoon in the Arizona House. The bill would have required a two-thirds majority and passed by less than that. I’ll post further when I know more.

Further notice: Here’s what it all means:

To have passed, the bill would have had to have passed by a two-thirds majority. Then it would have gone back to the Senate, where is also would have had to pass by a two-thirds majority. This is a Constitutional bias in the Arizona legislature against new laws of any sort — generally a good thing.

Since the bill did not pass the House, this means the old version of ARS Chapter 36 is still in effect. It is this version of the law that Zillow.com is alleged to be violating by the Arizona Board of Appraisal.

That allegation has not been tested in court, nor have any of Zillow.com’s direct competitors been alleged to have violated ARS Chapter 36.

As another wrinkle, the amendments made yesterday to AZ SB 1291 that would have clarified that offering the output from an Automated Valuation Model at no cost is not an appraisal, subject to regulatory oversight, could be appended onto another bill. In other words, the existing language of ARS Chapter 36 could be revised to achieve the same effect as yesterday’s amendments.

This is a statement released by Zillow.com this afternoon:

From Lloyd Frink, Zillow co-founder and President:

The issues that Arizona Senate bill 1291 sought to address went far beyond questions about automated valuation models for real estate. The fact is we are still extremely pleased that the Arizona House of Representatives decided to amend SB1291 to recognize the value that sites like Zillow bring to consumers in providing free and easy online access to real estate data and home valuations. We remain confident that any future reviews will similarly recognize the importance that sites like Zillow deliver in creating better informed and educated real estate consumers. Nothing has changed and we will continue to make Arizona Zestimates available for free to all Zillow users.

Additional details RE: AZ Board of Appraisals:

We strongly believe that providing Zestimate home Read more

First Russell Shaw Sales Success Seminar: Podcast #3

Linked below is the third of five podcasts from the First Russell Shaw Sales Success Seminar. This event was held on March 13, 2007, and lasted for about four hours. That seminar, along with another held on April 17, 2007, are precursors to the forthcoming Russell Shaw Sales Success FAQ files. Russell will take questions from these podcasts, along with others you send to him by email, and answer them in a series of FAQ-like video and audio podcasts. His plan is to end up with a complete real estate sales training course in podcast form.

This podcast is available in audio format only.

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Me, on TV: Technical assistance needed

Subject to the vagaries of the news business, I will be on Fox News Channel tomorrow morning at 10:20 am EDT, 7:20 am MST/PDT.

The topic: Banning Zillow.com in Arizona, of course.

But: I need technical help. I would love to turn the segment into a video podcast, but I have no idea how to capture televised video. If you do know how, speak up. If you can capture the content and throw it to me by FTP, I’ll make it available tomorrow when I get home.

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Confessions of an ARMs Dealer

Strategic Equity Positioning is a buzz phrase in the mortgage industry today. The concept of equity management came from the book, Missed Fortune, by Doug Andrews. Andrews, a life insurance agent and financial planner, discovered a strategy that extracts equity from your home to fund tax deferred investments. The response was nothing short of remarkable. A study by the Chicago Federal Reserve Bank remarked:

“..taxpayers with incomes over $100,000 a year who use mortgage-deductible interest as part of an arbitrage strategy in retirement accounts would appear to have the most to gain, and the authors find it “puzzling” that more people who are in “better financial shape” than the average taxpayer don’t take advantage of this kind of strategy.”

I first heard of the term “equity management” in 2003. I heard Barry Habib discuss this concept at a seminar at the Del Mar Racetrack (critics, please refrain from pointing out the obvious irony). My first thought was “Cool, they have a name for it now!” You see, I am an ARMs dealer and have been since 1996. My background was on Wall Street as a financial consultant for two major wirehouses. I learned about financial planning in Plainsboro, NJ.

I met a man from Wachovia Bank (nee World Savings), Mike Cushing, in 1996. Mike taught me how to properly analyze negative amortization loans. He taught me how to temper the negative amortization with bi-weekly payments. I seized the opportunity and developed the mantra “Go Negative and Invest the Difference“. This mantra was not unlike the one espoused by Art Williams as he built the insurance empire that eventually became Primerica (now owned by CitiGroup). Art Williams encouraged Americans to “Buy Term and Invest the Difference“.

When presented with the idea of extracting equity to fund investments, I was puzzled. It seemed, well…kind of reckless. I was taught that the NASD forbid recommendations that would extract equity to invest when I attempted this arbitrage play for a securities client in 1990. I’ve since learned that the NASD softened their stance in 2002 with a strict admonition that the loan and subsequent investment pass a suitability test.

Let Read more

First Russell Shaw Sales Success Seminar: Podcast #2

Linked below is the second of of five podcasts from the First Russell Shaw Sales Success Seminar. This event was held on March 13, 2007, and lasted for about four hours. That seminar, along with another held on April 17, 2007, are precursors to the forthcoming Russell Shaw Sales Success FAQ files. Russell will take questions from these podcasts, along with others you send to him by email, and answer them in a series of FAQ-like video and audio podcasts. His plan is to end up with a complete real estate sales training course in podcast form.

This podcast is available in audio and video format, with Russell covering the same material in each podcast.

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More Strip Monopoly: Icahn sells Nevada casinos

More on the theme of Strip Monopoly: Billionaire Carl Icahn is selling all of his Nevada casino holdings to Goldman Sachs’ Whitehall Street Real Estate Funds for $1.3 billion.

This is interesting on a number of grounds, taken more or less least to greatest.

Third, Icahn is going to net out about a billion dollars in profit on the deal. He’ll probably never make as much on casinos as Donald Trump has managed to lose, but a billion bucks is a billion bucks.

Second, Goldman Sachs is convinced that it bought a Strip-front property in the Stratosphere, along with 17 acres of underdeveloped Strip-front land the Strat has accumulated over the years. This is technically incorrect, and it’s an error buyers have made at that location since it was Bob Stupak’s Vegas World.

The Strip ends at Sahara — where the City of Las Vegas begins. The Strip developed in what is still unincorporated Clark County to avoid the kind of meddling municipal governments are best at. The Strat is not a grind joint like the dumps downtown, but it plays at a distinct disadvantage against its bigger, better-bankrolled rivals further south.

Today’s deal also includes a casino in Laughlin, and the two Arizona Charlie’s casinos in suburban Las Vegas. As with Boyd Gaming’s Sam’s Town properties, these are seen by analysts as being locals casinos, but, in fact, they draw their own segment of the tourist population — think of them as low-rollers with RVs. MGM Mirage’s announcement of the closing of the RV park at Circus Circus may prove a boon to these casinos.

But: First, if Carl Icahn is selling now, it argues to me that the bloom is off the boom for Strip-fronting (or pretend-Strip-fronting) real estate. MGM Mirage paid over $17.2 million an acre for the 33.4 acres it is acquiring at Circus Circus. That land come with a corner premium, to be sure, but is is for now the weakest corner on the Strip Monopoly board. If Icahn is selling, it’s because he believes prices are at their peak for now.

Is he right? Hide and watch. But with $4 billion in Read more

The Zebra Gets It Done — One Down, Four To Go

Daniel Rothamel over at The Real Estate Zebra, just returned from his first CCIM course, CI 101. I note this because as I wrote recently in these pages, if you wish to truly advise investors, you should actually know something about after tax cash flow analysis, income taxes as they relate to investing, 1031 exchanges, and the like.

I poked some fun at him last week, when his blog went dark — as predicted.

It will be fun reading of Daniel’s experiences while attending his first ‘death on a cracker’ convention. πŸ™‚

Read here about What I Learned In School…

He’s hinted at writing about some of his experiences during his week there.

If you’re not reading The Zebra regularly, you might try it. I never miss him.

Zillow.com dodges bullet in Arizona: Amendment would permit consumer-oriented automated valuation models to operate without regulatory oversight

From a press release from the office of Representative Michele Reagan:

Arizona homeowners can still access their “zestimates” with the preliminary approval Monday of a bill that bars the Arizona Board of Appraisal from torpedoing online businesses that provide property value estimates.

An amendment sponsored by Rep. Michele Reagan to SB1291 allows web sites to offer free opinions regarding the value of real estate if it is not an actual appraisal. The bill impacts most notably Zillow.com, which provides free estimates of a property’s value.

“Companies like Zillow.com provide an easy way to get an idea of the value of a home anywhere in the country,” said Reagan, R-Scottsdale. “Government should not put the kibosh on such an informative online tool.”

The Arizona Board of Appraisal sent two cease and desist letters ordering Zillow.com to stop offering its free service in the state. The board is also considering suing the Seattle-based company despite its wide popularity in Arizona and around the nation. In addition, the board asked the Arizona attorney general to prosecute Zillow.com for offering “zestimates.”

“Zillow.com provides a valuable resource for Arizonans and an unelected board’s desire to hamper consumers’ efforts to get as much information as possible makes no sense,” Reagan, chairwoman of the House Commerce Committee, said. “Instead of protecting Arizonans, the Board of Appraisal wants to stifle access to valuable market information.”

The bill received initial approval Monday and is expected to get a vote on the House floor this week. The bill then goes back to the Senate for final consideration.

This is not over yet, but it’s movement in the right direction. If I can lay hands on it, I’ll post the link to the revised bill and highlight the change.

Further notice: The amendments are here: one, two and three. In addition to allowing for consumer-oriented AVMs, Reagan seems to have restored the balance of civilian oversight of the Arizona Board of Appraisal. For comparison: The proposed legislation prior to these amendments.

There are two changes to the language that stand out:

Page 3, between lines 41 and 42, insert:

“9. AN INTERNET WEBSITE THAT GIVES A Read more

KTAR Radio on Arizona’s attempts to stifle Zillow.com

I was interviewed by KTAR Talk Radio in Phoenix today about the State of Arizona’s attempts to shut down Zillow.com. We end up with a 37 second story, which actually turns out to be a fairly decent distillation of the whole story.

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The Carnival of Real Estate . . .

…is up at Trulia Blog. Jay Thompson did well with Why Do So Many Agents Fear Zillow? We entered and lost with Zillow.com at the Dawn of the Age of Abundance: Working for free is not a crime, trying to forbid it is… That post scored well at the Carnival of the Capitalists.

The Carnival of Real Estate Investing is at EquityScout.com. Two BloodhoundBlog contributors were represented in the results: Brian Brady writing at Long Beach Real Estate with How To Get The Best Home Loan – Neatness Counts When You Want a Home Loan and Jeff Brown with Designations — Real Education — Marketing — Give Me A Break.

Plenty of great writing at all three carnivals. Give ’em a look.

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First Russell Shaw Sales Success Seminar: Podcast #1

Linked below is the first of five podcasts from the First Russell Shaw Sales Success Seminar. This event was held on March 13, 2007, and lasted for about four hours. That seminar, along with another held on April 17, 2007, are precursors to the forthcoming Russell Shaw Sales Success FAQ files. Russell will take questions from these podcasts, along with others you send to him by email, and answer them in a series of FAQ-like video and audio podcasts. His plan is to end up with a complete real estate sales training course in podcast form.

This podcast is available in audio and video format, with Russell covering the same material in each podcast.

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Ethical dilemma with the current market

I like to think of myself as an ethical person. Then again, I am sure that most people feel that way about themselves too. We all are victims to the Lake Wobegon effect at some point in our lives. But in general I obey all laws, pay my taxes, am a good father and husband, run an honest business and try to make my customers happy. So I am faced with an interesting dilemma that the current market has brought upon me. I don’t think my dilemma is unique; in fact I bet it is so commonplace that it is on the desk of a large percentage of loan originators at mortgage institutions all across the country. It is an important issue to discuss, so important that I originally planned on penning this post for my blog, but figured the traffic and exposure of Bloodhound would be a better platform for debate and discussion.

Here is the dilemma. I was given a referral to a woman who I do not know personally. She lives in Florida, is a substitute teacher and lives in a condominium with a waterfront view. She has a good credit and a decent rate, interest only loan right now — it does have a prepayment penalty. She is also at 90% with her current loan to the value of the property. Unfortunately she has a bit of a cash crunch right now and would really like to lower her mortgage payments.

There is no way that using traditional mortgage products can drop her payment any further. First, I know interest only loans are not traditional. Second, before you talk to me about 40 and 50 year terms remember she’s already in an interest only loan — there won’t be much change, certainly not when you factor paying off a prepayment penalty in to the new loan. The only loan that would dramatically lower her payments is a payment option, negatively amortizing loan. If she made the minimum payment she would drastically lower her monthly cash outflow. I’ve explained to her the negative amortization part of the loan, faxed Read more

Arizona Republic: Realtors side with Zillow.com

The Phoenix RE.net is heard from in a big way in an article that will appear in Sunday’s Arizona Republic about the State of Arizona’s attempts to stifle Zillow.com. Writes reporter Peter Corbett:

A state agency’s efforts to stop Zillow.com from offering property-value estimates in Arizona are drawing criticism from some Realtors who think regulators are overstepping their authority.

The critics also are targeting an Arizona Board of Appraisal reform bill they fear will muzzle anyone from offering an opinion about property values unless he or she is a licensed appraiser, Realtor or attorney.

Phoenix real estate broker Greg Swann said that the legislation, Senate Bill 1291, is narrowly written to block Zillow from offering its estimates.

It also could affect other online services from offering property-value estimates using what are called automated valuation models, he said.

“This is legislation to stop progress,” said Swann, adding that state regulators are being Luddites in trying to halt the advance of Internet commerce.

The Arizona House is expected to consider the bill on Monday, said Deborah Pearson, director of Arizona Board of Appraisal.

The legislation is not aimed at Zillow but rather is intended to update statutes that have not changed since 1991, Pearson said.

Realtor Swann of www.BloodhoundRealty.com, said that the bill is so tightly written that two neighbors talking to each other about a neighbor’s property technically would be in violation of the law.

Pearson said exemptions in the law would permit neighbors to talk about property values.

It may be that she thinks this to be the case, but the language of the legislation is very precise:

“Appraisal” or “real estate appraisal” means any of the following: (A) The act or process of developing an opinion of value. (B) An opinion of value. (C) Pertaining to appraising and related functions such as appraisal practice or appraisal services.

This is very clear. Any opinion of value brought forth by anyone not explicitly exempted by the law would be a violation of that law. To capture Zillow.com and other Automated Valuation Models, they had to write the law so broadly that it effectively outlaws all “unofficial” opinions of value.

Corbett continues:

The controversy about appraisals erupted Read more

BloodhoundBlog round-up: Kenneling the last of the dogs, a new way to follow the trail and podcasting our way to fame and fortune

All the dogs are in the kennel at last. When I built BloodhoundBlog last Summer, I set it up as a subdirectory of BloodhoundRealty.com. Had I known where we were headed, I would have bought a separate domain for the weblog. And had I thought that far ahead, BloodhoundBlog would have been called something else.

Why? Because BloodhoundBlog.com was already owned by a software company in Texas. I discovered this when I finally thought to tie down the domains last Fall. I was able to buy BloodhoundBlog.net and BloodhoundBlog.org, but all I could do was back-order BloodhoundBlog.com.

It’s a problem I’ve been nursing on and off ever since. But as of today, BloodhoundBlog.com is finally ours. Like the two other domains, it is redirecting to the subdirectory I set up in the first place. A small enough thing, I suppose, but most big things are made up of little things.

And here’s another little thing: As of this week, it’s possible to subscribe to BloodhoundBlog by email. It’s not something I’m apt to think of. RSS is too easy, too fast, too wonderful. But if people don’t have access to feed readers, or if they don’t want to use them, they can get email updates when new posts hit the weblog. As it happens, Seth Godin added email subscription the same day we did. Great minds think alike? Can’t be. Great minds Think Different.

But here’s a big thing: Starting Monday, we’ll be rolling out audio and video podcasts from the Russell Shaw Sales Success Seminars. I have five audio and two video podcasts set up for this week, and we’ll do another five of each next week. This is all about building a curriculum for a real estate sales training course in podcast form, so, if you have questions for Russell, don’t be shy.

Linked below is a short video segment of me extolling the benefits of real estate weblogging with the help of Jay Thompson and Tony Marriott.

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