Legal and Regulatory - St Louis Real Estate News

National Flood Insurance Program Likely to Lapse Again

By Dennis Norman, on May 28th, 2010

Dennis Norman

Talk about the housing market not being able to catch a break….it seems every time something positive happens to give us a little encouragement, something else pops up to give the market another black eye. Here we are less than a month after the home-buyer tax credit deadline has passed and we are seeing reports of home prices dropping again as well as the volume of sales, and now, the National Flood Insurance Program (NFIP) is set to expire on May 31st. Of course Congress could extend the program prior to the expiration, but the word Continue Reading →

New Home Buyers At Risk of Losing Fixed-Rate Mortgages Again

By Dennis Norman, on May 27th, 2010

Dennis Norman

Earlier this month I did a post about important legislation in Missouri, specifically HB 2058, which would make badly needed changes to the Missouri Mechanic’s Lien Statute, because if it didn’t pass purchasers of new homes would face hurdles obtaining long-term fixed-rate mortgages as title companies have threatened to stop providing mechanic’s lien coverage.

On May 17th I was happy to update the post with the news that the bill had passed the House and Senate and was just awaiting the signature of Governor Nixon to become effective.

Herein the problem lies…

Word is Governor Nixon Continue Reading →

Six Charged with Wire Fraud Based on $20 Million Mortgage Fraud Scheme

By Dennis Norman, on May 23rd, 2010

A 10-count indictment has been unsealed charging six individuals with conspiracy to commit wire fraud and wire fraud, announced U.S. Attorney Karen P. Hewitt. The defendants are charged with submitting false and fraudulent mortgage loan applications and related documents to banks and other lending institutions, thereby inducing the institutions to make approximately 36 loans totaling approximately $20,800,000.

The defendants charged with participating in the conspiracy are: Brian Andrew La Porte; Daniel John Schuetz; Michael Wayne Wickware; Roxanne Yvette Hempstead; Darryl Anthony Wallace, aka Darryl Anthony White; and Terrence Smith, aka Terry Lee Smith. The indictment alleges that the defendants devised Continue Reading →

Ponzi Scheme and Mortgage Fraud Mastermind Sentenced to 15 Years, Eight Months

By Dennis Norman, on May 22nd, 2010

The founder and head of Chicago Development and Planning was sentenced yesterday to 15 years and eight months in prison, and ordered to pay more than $9 million in restitution for wire fraud, mail fraud, and money laundering, U.S. Attorney Joseph P. Russoniello announced.

Patricia Morgen pleaded guilty on Dec. 16, 2009. According to the plea agreement, she admitted creating a scheme to solicit investors for a company called Chicago Development and Planning, with the promise of substantial guaranteed return profit payments. Morgen falsely promised investors that their funds would be used to purchase real property to be rented or Continue Reading →

Property Owner Gets Jail Time over Yard Art

By Dennis Norman, on May 18th, 2010

First Amendment Versus Ballwin City Hall

Dennis Norman

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This morning I saw an article on STL Today about a retired art teacher that was sentenced to 20 days in jail after he refused to make changes to art he has displayed in his front yard that “court and city officials have deemed dangerous.”

Continue Reading →

Congress Considering New Tax Burdens on Real Estate

By Dennis Norman, on May 17th, 2010

Dennis Norman

As the real estate market and industry continues to struggle to try to pull out of the dumps, another blow could come soon from Congress in the form of new tax burdens on real estate.

Congress is proposing that all owners of rental properties be required to complete and file 1099 forms for all service providers that have performed work on their properties, such as electricians, handymen, landscapers, etc. If passed, this would require all landlords, even the smallest of which, to go through additional expense and burden (or face penalties themselves from the IRS) to Continue Reading →

No More Fixed-Rate Loans On New Homes If Missouri Lawmakers Don’t Act Quickly

By Dennis Norman, on May 11th, 2010

Dennis Norman

UPDATE – May 17, 2010 – THANKS TO MISSOURI LAWMAKERS (and the efforts of the Missouri Association of REALTORS and St. Louis Home Builders Association, readers of this post that responded, and others) THE MECHANICS LIEN LAW PASSED! ASSUMING THE GOVERNOR SIGNS IT INTO LAW FINANCING ON NEW HOMES AS WE KNOW IT HAS BEEN PRESERVED!

This week, which is the last week of the legislative session in Jefferson City, the Missouri Senate will probably take up debate on HB 2058, which is a bill that makes needed changes to the Mechanic’s Lien Statute in Missouri Continue Reading →

Missouri REALTORS Make Progress Fighting Double Taxation

By Dennis Norman, on May 3rd, 2010

Dennis Norman

Last October I wrote about an effort by the Missouri Association of REALTORS (MAR) to protect Missouri homeowners from facing double taxation through a real estate transfer tax by backing an effort to amend the Missouri Constitution to prohibit such a tax. To get the issue on November’s ballot, petitions with signatures from a requisite number of Missouri voters needed to be submitted to the Secretary of State by yesterday.

Today, the Vote YES to Stop Double Taxation Committee, announced that on Sunday it turned in petitions, signed by “tens of thousands of registered voters”, to the Continue Reading →

St. Louis County Offering Property Owner Advocates to Help Appeal Property Assessment

By Dennis Norman, on April 30th, 2010

Dennis Norman

Although 2010 is a non-reassessment year, property owners in St. Louis County who disagree with the Assessor’s opinion of the value of their property, have the option to exercise their right to appeal that valuation to the St. Louis County Board of Equalization.

Missouri state law requires the Assessor to determine a property’s fair market value as of January 1 of the reassessment year, which is every odd numbered year, such as 2009 and 2011. Since values are established for a two-year time period, appellants need to be aware that the market conditions of January 1, 2009 Continue Reading →

CEO of the Duncan Group In St Louis Pleads Guilty in Multi-Million Dollar Ponzi Scheme

By News Desk, on April 26th, 2010

The United States Attorney’s Office announced today that Aaron Duncan, the former CEO and owner of The Duncan Group, has pleaded guilty to fraud charges involving a $3.9 million investment scheme.

According to court documents, Duncan represented that The Duncan Group was involved in real estate investments, including buying, rehabilitating, and selling residential real estate. Duncan solicited investors in Missouri and around the United States to participate in his real estate projects through The Duncan Group by making false representations regarding the security of investments and the rates of returns promised. Bank records revealed that Duncan operated The Duncan Group Continue Reading →

Congress Extends Flood Insurance Program Through May 31

By Dennis Norman, on April 17th, 2010

Dennis Norman

This past Thursday Congress passed H.R. 4851 and President Obama signed it into law the same day extending the National Flood Insurance Program, which had expired on March 28th, through May 31, 2010.

The National Association of REALTORS, which lobbied hard for this extension, now says they are working with Congress to get the National Flood Insurance Program reauthorized before it expires again on May 31st.

Home Affordable Modification Program (HAMP) Update

By Dennis Norman, on April 15th, 2010

Dennis Norman

As readers know, I have been somewhat critical of the Home Affordable Modification Program (HAMP) which is part of the Obama administrations’ Making Home Affordable Program for a few reasons, one is I believe it is just a temporary “band-aid” and not a cure for the problem and two, it does not appear the program is going to help near as many people as the Obama administration initially said it would. Yesterday a report was issued that shows there is progress being made and, through the end of March, a total of 230,000 homeowners Continue Reading →

Fed Reserve: Housing Sales and Starts Have Flattened Out at Depressed Levels; Foreclosures Likely To Remain High

By Dennis Norman, on April 6th, 2010

Dennis Norman

At the Federal Open Market Committee meeting on March 16th it was suggested that “economic activity expanded at a moderate pace in early 2010″. Unfortunately, when it came to the housing market, the news was not as good and it was noted that “housing activity remained flat and the nonresidential construction section weakened further.” The staff went on to say that activity in the housing sector appears to “have flattened out in recent months” and that “sales of both new and existing homes have turned down, while starts of single-family homes were about unchanged despite the substantial Continue Reading →

Help for homeowners facing foreclosure or are underwater

By Dennis Norman, on March 26th, 2010

Dennis Norman

Back in early December I did a post about a new program that was announced in November, the Home Affordable Foreclosures Alternative (HAFA) Program which is scheduled to go into effect April 5, 2010. There was recently supplemental documentation published as well as FAQ’s about the program and I have to admit, it seems to me the government is getting it right with this program.

THE HAFA PROGRAM:

The Home Affordable Foreclosure Alternatives Program provides financial incentives to loan servicers as well as borrowers who do a short-sale or a deed-in-lieu to avoid foreclosure on Continue Reading →

Health Care To Be Subsidized By Real Estate

By Dennis Norman, on March 23rd, 2010

Dennis Norman

UPDATE: March 26, 2010: Pres Obama signed HR 35909 into law on March 23, 2010. Yesterday the House and Senate approved the final version of HR 4872 and it now goes to the President for his signature (this is the bill that “taxes” real estate to pay for health care as I explained below) – end of update

Unless you live in a cave you have probably heard by now that yesterday Congress passed HR 3590, the “Patient Protection and Affordable Care Act”, or to put it more short and to the point, Pres. Obama’s Continue Reading →

Feds pulling support of mortgage market- will interest rates increase?

By Dennis Norman, on March 22nd, 2010

Dennis Norman

The Federal Reserve announced it will stop purchasing mortgage-backed securities by the end of March.

In November, 2008, the Federal Reserve announced, in an effort to help the housing market, it would purchase mortgage-backed securities. Then, in March, 2009, the Fed increased the total amount of money they would invest in such securities to $1.25 trillion and estimated that they would complete those purchases by the end of first quarter 2010.

The Fed’s action I think certainly added some liquidity and confidence to the ailing housing market and now, that the time has come Continue Reading →

How to avoid being a victim of a real estate or rental scam

By Dennis Norman, on March 15th, 2010

The Internet Crime Complaint Center (IC3) and the Federal Bureau of Investigation have published a report about common real estate scams and rental scams they are finding and how to avoid them. Like most scams there are warning signs and red flags that can help you avoid falling victim; knowing what to look for is key.

The IC3 reminds people to be cautious when using the internet to either advertise real estate for sale or rent or to find a property to rent or buy.

For Landlords and Sellers of Property:

Look out for: Rental scams occur when the victim Continue Reading →

St Louis Real Estate – Bellefontaine Neighbors Lawsuit Update

By Dennis Norman, on March 12th, 2010

Dennis Norman

Appellant Says Bellefontaine Ordinance is Unconstitutional but City Inspector Still Enforcing It

Last month I did a post about a decision handed down by the Missouri Court of Appeals-Eastern District that was a significant victory for St. Louis property owners by striking down part of an ordinance that violates our property rights as well as our First Amendment Rights to free speech.

Unfortunately, it appears no one told the City of Bellefontaine Neighbors they lost the case, or if they did, some may be choosing to ignore the court’s decision. I say this because I heard Continue Reading →

St Louis Real Estate – City of St Louis Vacant Property Bill Update

By Dennis Norman, on March 12th, 2010

Dennis Norman

Update: March 23, 2010: In spite of the concern of many organizations including the St. Louis Association of REALTORS, the Mortgage Bankers Association and the Title Insurance folks, the Board of Alderman passed the vacant property ordinance on March 12th – Now that lenders and title companies are aware of potential title and lien issues with this bill I have no doubt investors, and even homeowners, are going to run into some roadblocks when trying to finance property in the City of St. Louis – 2/3 of the Alderman voted in favor of the bill:

The Continue Reading →

St Louis Real Estate – What happened to property rights?

By Dennis Norman, on March 9th, 2010

Dennis Norman

This story is part of my ongoing series on how local laws negatively impact the property rights of property owners in the St. Louis area

Unfortunately I don’t have to try too hard to find examples of local laws that seriously impact the rights of property owners in the St. Louis area, particularly those property owners that are landlords or other investors.

My story today comes from a friend of mine, a St. Louis REALTOR(R) that buys homes for his rental portfolio. For the sake of the article, and to help him avoid Continue Reading →

Thinking of “walking away” from your mortgage?

By Dennis Norman, on March 3rd, 2010

Dennis Norman

You may want to consider possible legal issues before deciding to “walk away”

Homeowners who are considering “walking away” from their home to avoid making their mortgage payment need to know that their mortgage company may try to file a lawsuit to recover the amount owed on the home.

In addition, homeowners who sell their home for less than the amount they owe – a process called a “short sale” — may be sued for the unpaid balance, even after the sale of the home. Finally, homeowners with unpaid home equity loans or second mortgages may also Continue Reading →

Missouri Offers to Pay Property Taxes but Homebuyers not biting

By Dennis Norman, on March 2nd, 2010

Dennis Norman

UPDATE June 7, 1010 – Here are links to the Forms from MHDC to claim the tax credit as well as some sample forms they have provided showing how to fill them in:

Program ApplicationHome Purchase AffidavitPromissory NoteHope Program Information and InstructionsSample Forms

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Dennis Norman

Back in December I wrote a post about a $35 million economic development initiative that was approved by the Missouri Housing Development Commission which included $15 million to pay the first-year of property taxes for qualified homebuyers who purchase a new or existing home after January Continue Reading →

Appeals Court Rules Builder Incentive did not violate RESPA

By Dennis Norman, on March 1st, 2010

Dennis Norman

The United States Court of Appeals for the Eleventh Circuit recently consdered an appeal by the plaintiffs of a class action lawsuit again D.R. Horton, Inc. and DHI Mortgage, Co brought by John R. Yeatman and Eleanor E. Yeatman on behalf of themselves and all similarly situated individuals.

The lawsuit stems from the Yeatman’s purchase of a home from DR Horton in 2006 in which the purchase agreement gave the Yeatmans the option of receiving a discount on their closing costs on the house, provided they used DHI Mortgage as their mortgage lender. This was not Continue Reading →

St Louis Real Estate – Vacant Property Bill and It’s Affect on Property Rights

By Dennis Norman, on February 26th, 2010

Dennis Norman

What do sex offenders and owners of vacant property have in common?

UPDATE: March 8, 2010 – I found out today the bill that was actually perfected last Friday was a floor substitute…Unfortunately the changes made to the bill were minor- they changed the public data base so that you have to enter a property address in order to look up the owners personal information (including phone number and email address) and they changed the wording to no longer make real estate agents and property managers responsible for property they don’t own. So basically, just a little Continue Reading →

FDIC’s Sale of IndyMac to One West Bank – Sweetheart deal or not?

By Dennis Norman, on February 15th, 2010

Dennis Norman

Last week a friend emailed me a link to a video titled “The Indymac Slap in Our Face” that was created by Think Big Work Small. I watched the video which gave a recap of the failure of Indymac bank back resulting in it’s seizure by the FDIC in July, 2008, and the ultimate sale by the FDIC of Indymac Bank to One West Bank in March, 2009.

According to the video, One West Bank received a cushy, “sweetheart deal” and implied it was related to the fact that the owners of One West Bank include Continue Reading →

St Louis Real Estate – Interest Rates Hold Steady – Still Time for Tax Credit

By Robert Fishel, on February 10th, 2010

There is time left for qualified buyers to take advantage of the 2009 First-Time Home Buyer’s $8,000 Tax Credit & Repeat Home Buyer’s $6,500 Tax Credit. Binding sales contract must be executed by April 30, 2010, the closing can be extended until June 30, 2010. The newly expanded first-time homebuyer and repeat homebuyer tax credit was signed into law a few months ago, but many married, unmarried, or soon to be married tax filers, are confused about claiming these credits. Understandably so. There are numerous scenarios that can come up, e.g. “I am a long-time principal homeowner but my Continue Reading →

St Louis Real Estate-Appellant Court Decision Huge Victory for Property Owners

By Dennis Norman, on February 9th, 2010

Dennis Norman

Appeals Court Strikes Down Bellefontaine’s Ordinance Affecting Real Estate For Sale Signs

At the end of January the Missouri Court of Appeals-Eastern District handed down a decision on a case that I think is a significant victory for St. Louis property owners and strikes down part of an ordinance that violates our property rights as well as our First Amendment Rights to free speech.

The case involves Mark Scatizzi, a local REALTOR® who, after listing a home for sale at 1027 Addision, in the City of Bellefontaine Neighbors, advertised the property for sale and posted a Continue Reading →

IRS Releases Instructions on how to Claim Homebuyer Tax Credit

By Dennis Norman, on January 15th, 2010

Dennis Norman

If you are one of the million-plus homebuyers that was fortunate enough to qualify for the Home Buyer tax credit, read on for information on how to claim your credit.

Today the Internal Revenue Service released a new form that eligible homebuyers must need to use to claim the first-time homebuyer credit this tax season, along with instructions and guidelines for other documentation that must accompany your tax return.

The new form and instructions follow major changes in November to the homebuyer credit by the Worker, Homeownership, and Business Assistance Act of 2009. The new law Continue Reading →

Will you owe taxes on a short-sale or foreclosure?

By Dennis Norman, on January 11th, 2010

Dennis Norman

Depending on which estimate you believe, somewhere between one-third and one-half of the homeowners with a mortgage in the U.S. owe more on their homes than their homes are currently worth. This has lead to an unprecedented amount of short-sales and in many cases, a lender “forgiving” you of the short-fall (the amount of your loan your sale proceeds were not adequate to pay) which, in the past could have left you owing taxes on the “forgiven debt”.

For some of those underwater homeowners that are not fortunate enough to do a short sale they may Continue Reading →

MHDC approves $20 Million incentive for Missouri home buyers

By Dennis Norman, on December 18th, 2009

Dennis Norman

UPDATE June 7, 1010 – Here are links to the Forms from MHDC to claim the tax credit as well as some sample forms they have provided showing how to fill them in:

Program ApplicationHome Purchase AffidavitPromissory NoteHope Program Information and InstructionsSample Forms

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Just moments ago, the Missouri Housing Development Commission passed at $35 million economic development initiative. Part of this initiative (to the tune of $20 million worth) is aimed toward helping stimulate home sales in Missouri.

The initiative includes:

$15 million to pay the first year of property taxes for qualified homebuyers who Continue Reading →