Legislation, Regulation & Court Rulings
Articles dealing with new real estate legislation (both California and federal), recent court decisions and government regulations that impact real estate transactions.
Governor Jerry Brown Turns Robber Baron with Foreclosure Settlement
A few months ago, the State of California agreed to participate in settlement with the nation’s five largest home lenders over their foreclosure procedures. California Attorney General Kamala Harris had walked away from the settlement discussions several months earlier. She only agreed to return to them when the banks agreed to pay more money to California residents who had been impacted by their procedures. In the final agreement, the banks agreed to allocate $410 million which was to be used to compensate those who lost their homes through foreclosures that used illegal procedures. But now Gov. Brown has decided that he wants to use that money for other purposes. Specifically, to plug some holes in the state’s $16 Billion deficit.
California was key to the bank settlement. The state has the largest overall number Read the rest of this entry »
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Wanna Sell Your House Next Year? There’s a Tax for That
Selling your home or being foreclosed on is likely to get a lot more expensive after the end of this year. The reason for this is federal taxes. There are three major changes in federal tax law that are slated to take place at the beginning of next year, and only Congress can change them. But given the current state of polarization in Washington, DC, I simply don’t think that anyone should count on that. In fact, my bet is that Congress won’t act and that the White House doesn’t want them to.
I’m going to start this out with the big disclaimer that is beaten into all real estate agents. I’m not an accountant or a tax attorney, and real estate agents are not qualified to give tax or legal advice. That said, I have evolved slightly beyond the amoeba state so I am capable of Read the rest of this entry »
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Federal Court Breaths New Life into MERS
A federal circuit court has set aside a Bankruptcy Court ruling from last year that declared MERS business model illegal. The ruling breathes new life into MERS – the system used by the banks to sell off mortgages. But the ruling doesn’t prevent further review of MERS. The court simply said that the judge overseeing the bankruptcy case didn’t have the authority to issue a ruling on MERS.
There are actually three cases in play. They are known as the “Agard” cases – referring to Ferrel L. Agard; the person who was being foreclosed upon.
Last year, at the insistence of Read the rest of this entry »
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Supreme Court Gives Property Owners a Big Victory
Yesterday, the US Supreme Court gave the EPA a slap in the face and handed property owners nationwide a big victory. It’s a David and Goliath story that pits a middle class couple, Michael and Chantell Sackett, against entire might of the United States government. Score one for the little guy.
The Sackett’s led a fairly average life. Back in 2005, they decided that they wanted to build a custom home in an existing subdivision located in the Idaho panhandle. They spent $23,000 on their lot, obtained all of the required building permits, and began to grade their lot. As a part of that grading, they brought in several tons of gravel. That’s when the EPA showed up.
An EPA inspector informed the Sacketts that their home was a federally protected wetland. Never mind the fact that there were other houses surrounding their lot. And never mind Read the rest of this entry »
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LAUSD Wants Homeowners to Bear the Cost of Their Financial Mismanagement
The Los Angeles Unified School District is having some financial difficulty and they want property owners to bail them out. But LAUSD’s financial problems only seem to get worse every time voters give them some additional money. Combine that with the fact that adding a large parcel tax to real estate when prices are already depressed is only likely to depress prices even further, and you have the makings of a really bad idea.
LAUSD’s financial problems have nothing to do with lack of funding from voters. In 2008, voters authorized $7 Billion in construction bonds; the largest school bond authorization in the district’s history. In the ten years prior to that, voters had approved four other multibillion dollar bond initiatives.
In return for that trust, the school board managed to build one of the most expensive school’s in history on a toxic waste site. It then proceeded to build another school – at a cost which exceeds $500 million – on the site of the old Ambassador Hotel. In that second construction project, they actually had the audacity to use construction materials that included gold leaf for decorative materials.
The district also purchased a headquarters building in downtown Los Angeles for $154 million in 2001. Since the purchase, they have spent millions on renovations to the facility, including building and remodeling private bathrooms in the offices of Board of Education members. They haven’t exactly been good stewards of the money entrusted to them.
Now the board is asking that property owners pick up the tab for their mismanagement. This week, they voted to put a tax of $298 per parcel on the June ballot. Just think about that. If you own a home appraised at $300,000, they want you to vote to increase your property taxes by 10%! That’s an astonishing request; especially when you consider that unemployment in LA is still above 11%.
LAUSD hasn’t just been a poor manager of the people’s money. They have also proven that they can’t manage their own property very well either. At one high school that I’m aware of in the Valley, they actually store old furniture under the bleachers. You can see that furniture – much of which is made out of wood – every time you drive by the school. And it just sits out there, even when it rains. It has been ruined for no good reason.
A better idea for the district might be to unload some of the property it owns – including its HQ building – and to have regular garage sales. Or how about cutting back on their massive administration and seeing to it that the money that they do have actually makes it into the classroom?
About the only thing that this measure will accomplish if passed is that it will made it even more difficult to obtain financing on a home. That will depress prices further and it certainly makes the idea of living anywhere within the LAUSD boundaries even more unattractive. I might feel differently if the district had proven through its past actions that it actually uses its resources wisely, but there is absolutely no evidence of that.
Oh, and don’t just think that if you are a renter that this doesn’t impact you. Even if you live in a rent controlled building, landlords are allowed to pass increases such as this on to you on an annualized basis. Renters who vote in favor of this measure are really voting to price themselves out of the housing market and for a rent increase of their own. Nothing in life is free.

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