Las Vegas Short Sales: Upcoming Changes for Those Who Want to Purchase After Doing a Short Sale

Beginning August 16 2014. those who want to utilize a “conventional loan” to purchase a new home after previously selling a home on a short sale will face a longer eligibility period.  At present, buyers who sold their previous home as a short sale can purchase again after two years if they are putting down 20%. After August 16 the waiting period moves to four years when using conventional financing.

Fortunately, buyers can still purchase with FHA financing after 3 years.  This is the current guideline for FHA and no changes on the three years appear forthcoming.

Buyers who are looking to purchase quicker than three years after a short sale may have some options open to them utilizing credit repair companies but be careful who you use and try to only work with a company who has a track record. They must show you a successful track record and if they aren’t successful, offers you some reimbursement in the event they can’t deliver.

For more answers regarding short sales including your particular situation please contact Shelter Realty Inc., at 702-376- 7379 or by emailing info @ shelterrealty. com

I attended a broker event yesterday at Palms Place, the Condo-Hotel development next door to the Palms Casino. They are currently releasing about 220 units of which 180 are studio suites and 40 are 1 bedroom suites. The studios are 615 square feet and start at $195,000 and the one bedroom units are 1220 square feet and begin at $325,000. Pricing will vary depending on view and height location of the unit. There is also a 3,900 square foot hundred penthouse for 1.8 million.

The services and amenities offered by Palms Place were impressive. I won’t list everything here but a sample list includes:

* Spa Services
* Limo and Car Services
* VIP Check-in lounge
* Personal Training
* Car Care
* Discounts at the majority of Palms Casino amenities
* Complimentary access to Palms nightlife and daylife venues
* Rental Pool Program for owners to rent out their unit
* Concierge Services
* Kerry Simon’s restaurant SIMON

The Palms property consists of three towers. The first if the casino/hotel, then there is the Fantasy Tower which was the former Playboy Tower and finally, Palms Place. Between all three towers there are numerous choices to play, relax and live a true Vegas lifestyle.

One of the things I love about the Palms is that you can have every amenity and choice of a Las Vegas Strip property but don’t have the traffic and congestion issues of being on the Strip. The location is less than five minutes from the Strip and there is convenient access to Interstate 15.

Paul Rowe is an agent with Shelter Realty and has extensive experience with Las Vegas high-rise living options. He may be reached by calling Shelter Realty at 702 376 7379 or by emailing “info @ shelterrealty.com”. You are also welcomed to fill out a contact form on this webpage as well.

Experian and Transunion May Begin to Include Rental History as a Part of Credit Scores

One of the challenges many first time home buyers often face when trying to purchase a home is a lack of established credit lines. Multiple credit lines such as credit cards, lines of credit, department cards, furniture store credit help build a person’s credit score when not overused and paid on time. Sometimes, people don’t have many trade lines of credit when first starting out or recovering from a financial crisis like a bankruptcy. In a bankruptcy the debt might be gone but also gone are the lines of credit the person had.

In an article published in the Columbus Dispatch “Credit Scores Might Soon Reflect Rental Payments,” Credit bureaus Experian and Transunion have begun incorporating some rental histories into credit scores.

A renter would have to pay through an authorized rent processing company contracted to work with the credit bureau. I recently spoke to a local Las Vegas mortgage broker, Leslie McGarry with CMG Financial. She said another alternative is to work with a good mortgage broker that can document your rental history and either have your rental history verified through another data collection agency and then added to your credit file as “supplemental info” or they can have the data added and request a rapid re-score with the credit bureau and obtain an updated credit score. This can be done in as quickly as one week.

Buyers should not assume they do not have the credit necessary when considering a home purchase. The best thing to do is find a real estate agent and consult an experienced loan officer. Not only are people’s credit sometimes better than they thought, but often the credit can be built and improved into the level of a qualified buyer.

Immediate opening for full time Las Vegas Residential Property Manager/Field Coordinator.

This is a field position consisting of move-ins, move-outs, make readies and inspections. You must have reliable transportation and drivers license.

You must possess a Real Estate License and Property Manager Permit.  If you do not possess a real estate license and permit, please do not submit your resume!

We are looking for a self-motivated team player with superior customer service skills, able to multi-task, well organized and does not require constant supervision.

Requirements:

• Minimum 4 years residential property management experience
• Ability to tactfully address, negotiate and resolve issues with owners, tenants, and vendors
• Good communication skills (verbal and written)
• Competent computer skills
• Attention to detail

Compensation:

• $16 – $18 an hour depending on experience
• Mileage

Benefits:

• Medical/Dental/Vision

If you are interested in this position, please email your resume to info(@)shelterrealty.com.

Shelter Realty, Inc. is an Equal Opportunity Employer.

National home values have risen and your investment properties probably gained values too. The Internal Revenue Code Section 1031 gives investors the ability to defer capital gain tax when you exchange business-use or investment property for another business-use or investment property.

There are many ways of exchange. For example, sell a vacation rental home in Hawaii and buy three investment properties in Las Vegas to generate more stable and higher income, sell an old apartment building which always needs repairs and buy a Triple Net Leased commercial property, sell a farm land in California and buy a hotel-condo in Florida. It can be exchanged for personal properties too.

Flipped properties don’t qualify, but if a property listed for rent for a few months without finding a tenant then changed it for sale, can qualify, as well as vacant land which didn’t generate any income. (Per Certified Exchange Specialist, Carmine at First American Exchange)

There are two deadlines for successful 1031 Exchange;

1. Replacement properties must be identified within 45 day.
2. The exchange must be completed by the earlier of 180 days from the date of the first relinquished property closing.

For fully deferred exchange, replacement properties must be greater or equal value of the relinquished properties, and all proceeds from the sale of the relinquished properties must be reinvested.

It’s important to select a Qualified Intermediary with financial backing of $1,000,000 Fidelity Bond and $250,000 Errors & Omissions Bond. Nevada is one of nine states which enacted the QI law.

Las Vegas HOA Recall Elections: How Do I Get A Board Member Recalled?

Every executive board in an association must go through an election process on a regular basis, which is typically annually and spelled out in the association’s bylaws.  In accordance with NRS 116 and the associations governing documents, every board must consist of no less than three board members and can be as large as seven to nine board members.  But what happens when a board member needs to be removed from the board? Can a director be removed from the board?

YES.  According to NRS 116.31036 board members can be removed from the executive board and here’s how it works …

A member of the board can be removed with or without cause provided that the unit owners are able to obtain the signatures of at least 10% (or less if the governing documents allow) of the unit owners on a petition to request a removal election.  This petition must be mailed, return receipt or served by a process server to either the Community Manager or the Board.

The next step is to send out secret ballots to the owners between 15 and 60 days before the removal election meeting and is handled by the Community Manager.  The ballot process is handled the same way that a regular election is processed.  The removal election must be completed within 90 days of the receipt of the petition and is typically monitored by the association’s attorney given the nature of the process.

In order for a recall election to be successful, at least 35% of all unit owners must vote in favor of the recall and the majority of the total votes cast MUST be in favor of the removal  If the Association does not receive at least 35% of the owners to vote in favor of the recall and a majority of the total votes cast are not in favor of the removal, the Director will remain on the Board.

In conclusion, it is possible to remove a member of the board.  This may seem like a very high standard to meet but there is sound reason behind the restrictions. It is my opinion that the laws may have been written this way in order to prevent frivolous removals of board members while still making it possible to do so should there be a broad-based community support for such an action.

Shelter Realty Property Management specializes in the areas of  Henderson, Las Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.

Chances are very good at some point you will live in a community here in the Las Vegas area that is controlled by a homeowner association (HOA). There are about 2,300 associations here. If you live in a single family home built after 1995 there is a very good chance it belongs to an HOA.

What is the Purpose of an HOA?

HOA’s are set up as non-profit corporations in most cases and their purpose is to establish and enforce standards. These standards are meant to protect the assets and living experience of all the members of a particular community. Can you imagine someone in Sun City Anthem tearing down their home and replacing it with a double wide trailer? Obviously, the trailer would be incongruent with the standards of the community and if you were the next door neighbor imagine the effect of that homeowner’s decision on the value of your house!

HOA’ also are charged with maintaining records of the community, handling the finances, budget, and maintaining common elements, as well as their long term replacement.

How are HOA’s Organized?

As previously mentioned, HOA’s are set up as non-profit corporations and generally governed by Nevada State Statute (law) provisions named NRS116 and the accompanying code written primarily by the Nevada Common Interest Community Commission and Nevada Real Estate Division. HOA’s are also subject to relevant Federal statutes.

Once the HOA is filed with the State they have corporate documents known as “governing documents”. These include Articles of Incorporation, bylaws, rules and regulations. HOA’s also employ a representative government in the form of an elected board. This board has specific duties and powers to govern the community in accordance with the governing documents. Board members are unpaid volunteers and have legal responsibilities to uphold the duties of their office. Being the work associated with many associations is far more extensive than the time a board member can generally commit, so boards often contract with management companies to perform much of the work needed to run the HOA.

Here are Some Tips to Make Your Life Easier in an HOA

• Once a home is a part of an HOA, the occupants (including all tenants) are subject to the rules of the community. If you don’t like the rules don’t live there or try and work with the board to resolve issues. First, you will have to get educated on how an HOA works. Sometimes people who initially disagree with how a community is run come to understand why some things have to be accomplished when they come to know the totality of issues involved.

• Pay your assessments on time, even if you are in a dispute. Unlike rent where you can withhold rent in certain circumstances, not paying your HOA will only subject you to grief and fines. State laws provide avenues to address legitimate grievances. Did you know an HOA can actually foreclose on your home if you don’t pay your assessments?

• Understand assessments should increase incrementally over time. Assessments that never go up may appear on the surface to be a good thing, but as inflation makes the cost of services more expensive, assessments that don’t keep pace forces the board must scale back on the upkeep of the community’s assets in order to stay on budget. This can lead to components of the community needing replacement sooner, increased legal liabilities such as slip and fall hazards. The possibility of large special assessments to pay for unexpected costs in later years can end up costing far more in the long run than regular small increases to the assessments.

• If you get a notice of a violation don’t ignore it, deal with it directly. Most HOA’s just want compliance. Good communication is welcomed in a good HOA to get problems solved quickly, and at a minimum of inconvenience to all parties. Nobody likes paying fines, so if you receive a courtesy take action right away. Delaying will usually just end up costing you more in the end.

• Seek out a few neighbors and the board members. Having direct relationships can really help you when issues may arise.

• Do not make any architectural changes without first checking to see what the HOA’s policy is on changes. Nobody wants to pay for changes to their home only to have the HOA force them to remove the changes. Yes, they can legally do this, so be careful. Again, simple communication is the key.

• Know the basics of your HOA: parking restrictions, rules about noise, rental restrictions etc. Most of the important rules governing use are usually located in the governing docs and outlined in a table of contents. You don’t have to be a legal scholar to understand your governing documents.

Jamie Collins is co-owner of Shelter Management Group (SMG) and a licensed Supervising Community Association Manager (CAM). For questions about HOA’s and related management services you may call her at 702-818-4780 or email: info @ sheltermanagementgroup.com

I receive calls from Yelp at least once or twice a month to sign up for their ad program for Business Owners but I have yet to sign up and for very good reason. As many property managers know, managing rental properties is a thankless job. It’s very rare you receive phone calls from landlords or tenants stating how happy they are with your services. It’s usually a tenant calling to notify you of some type of repair that is necessary or a repair that wasn’t completed to their satisfaction.  Many tenants believe property managers are at their beck and call and if a repair isn’t handled quickly enough or to their satisfaction, they won’t hesitate to place a negative review of your company on Yelp or threaten to place a negative review.

Am I worried about the negative reviews we have received? Not at all, as I know almost all the negative reviews are inaccurate.

Shelter Realty currently manages over 600 rental properties and have rented to thousands of tenants over the years and only have a few negative comments. There are just some tenants that no matter what you do, you will never make them happy.

The problem I have with Yelp reviews is that almost all our positive reviews aren’t displayed. You have to click on the link that states “other reviews that are not currently recommended” to view all our positive reviews from landlords who have shared their experience with Shelter Realty as their property manager. I asked the representative from Yelp why these positive reviews don’t display and the only answer I received is that it has to do with the algorithm. So my response to Yelp is:

Why would I pay to use your ad program and have my target clients (landlords) only see negative comments from tenants but none of  the positive reviews from my landlords?

I will continue to ask my clients who have advised us of their happiness with our services to take the time and share on Yelp but I would not recommend to any colleagues to pay for Yelp’s ad program until they fix their algorithm issues.

It seems like a simple term, “unit owner”, however the Nevada Real Estate Division was recently tasked with a request to formally define what a unit owner is. According to a newly drafted opinion provided by the Commission, the term “UNIT OWNER” has been clarified and defined as follows and is referenced in NRS 116.095 and NRS 116.093 as well as NRS 116.2105:

“A unit’s owner is any person who is considered an owner of real property by law. Real property interests must be transferred in writing. Therefore, a unit’s owner is a person or entity that can provide a written conveyance or other writing that transfers a unit to them. The written conveyance or other writing must be signed by the person transferring the unit. A unit’s owner is also a lessee of a unit if the written lease expires when the common interest community expires. An owner of an entity that is a unit’s owner is anyone who can provide the association with evidence of ownership of the entity regardless of the ownership percentage.”

Note:  A deed does not need to be recorded for ownership to be effective, the law only requires that any transfer of interest in real property be in writing, signed by the grantor and notarized.  *Draft Nevada Real Estate Division Advisory Opinion, November 20, 2013.

This, like many other definitions that we hear on a daily basis can be somewhat confusing. We have compiled a number of commonly used terms, like the one above, and provided an abbreviated version of the definitions of those terms for your reference on the Shelter Management Group website. If you have any questions, please feel free to contact a member of the Shelter Realty or Shelter Management Group (SMG) team, we would be happy to help.

*It is highly recommended that you review these definitions with those sections of NRS 116 mentioned by logging on here.

There has been a lot of public discussion whether the new Homeowners Bill of Rights (Nevada Law SB 321) will open up short sale transactions that are not considered “arms-length transactions”. The term “arm’s length” means that a sale does not occur between principals who are close relatives, those with existing business relationships, straw-buyers etc. The theory is that the buyer and seller do not have other incentives influencing the transaction. An example would be sellers in a Las Vegas short sale selling to their parents in order to buy the home at a later time. Under this scenario, the parents would be incentive to get the lowest price for the children to buy back later. It is easy to see how a bank taking a loss on the mortgage would see that as not in the bank’s best interest.

The banks who hold the mortgages on upside down properties generally have the principals in a sale (buyer and seller) sign agreements stipulating the sale is an arm’s length transaction between essentially unrelated parties. Once these agreements are signed, the principals are bound by the terms and subject to breaking federal bank fraud laws if they are found to have violated the terms of the arm’s length transaction agreement. One of the most eagerly monitored items was the expectation that SB 321 was going to prohibit banks from imposing arm’s length transactions in Nevada. The following statute in the bill addresses this issue:

Sec. 16.5.

1. No provision of the laws of this State may be construed to require a sale in lieu of a foreclosure sale to be an arm’s length transaction or to prohibit a sale in lieu of a foreclosure sale that is not an arm’s length transaction.

What is missing is there is no language barring arm’s length transactions. I am not an attorney and I am not offering a legal opinion. This is simply my opinion as a real estate professional after consulting with attorneys as well as reading the bill myself. It appears the State is communicating legislative intent that a “sale in lieu of foreclosure” (short sale) that is not an arm’s length transaction is essentially welcome.

This falls considerably short saying banks cannot require the “arm’s length agreements” in Nevada.

There have been plenty of local attorneys and real estate agents putting out a narrative that under SB 321 banks cannot require an arm’s length transaction agreement to be signed. While not really true,  this tactic gets their phones ringing from potential clients, and that is always the goal when trying to get new business.

My consultation with attorneys indicated that the State of Nevada does not prohibit short sales which are not arm’s length transaction. The bottom line is that nothing has changed; signing an arm’s length transaction agreement while trying to do a short sale remains voluntary between all parties. The seller isn’t required to sign and the bank doesn’t have to require one, though they usually do. If the bank agrees to the sale without a signed “arm’s length”, and a seller has provided honest personal and financial documentation, there is nothing illegal about doing a short sale that is not an arm’s length transaction.

Here is the rub, if you want to attempt to do a Las Vegas short sale that is not an arm’s length transaction you’ll have to be up front about what you want to do and try to get your short sale approved without ever signing an arm’s length transaction agreement.  If I have a seller inquiring about what their options are, they should consult an attorney and if they need an attorney recommendation, I can recommend attorneys I have worked with in the past they can consult for free.

Disclaimer: This article is not meant to construed as legal advice and all sellers considering a short sale should consult with an attorney and seek professional tax advice as well.

Shelter Realty, per our lease agreements, requires all tenants to purchase renter’s insurance.  Many tenant’s inquire as to why we require them to purchase rental insurance.  Laurie Yakubik with Farmer’s Insurance has provided the following information about the importance of having renter’s insurance.

HOW RENTERS INSURANCE HELPS COVER YOUR VALUABLES

Imagine a moment you’ve just returned home from a long day at work to find there’s been a fire. Everything you owned has been destroyed: your flat-screen TV, computer, furniture, books, game consoles, CDs, jewelry, collectibles and clothing. Where will you stay until your home is renovated? Who will pay to replace all your belongings? Not your landlord.

A Farmers renters policy can be the answer. It provides coverage to help you to replace your lost or damage items. If you suffer a covered loss, we’ll reimburse you for your lost or damaged items. And if the loss makes your home uninhabitable, we’ll also pay for the additional living costs for hotel, meals and related expenses.

Renters policies are very affordable, generally ranging from $12-$20 each month. For less then a dollar a day, you can have valuable insurance coverage!

BENEFITS

• Personal property coverage
• Personal liability coverage
• Additional living expenses

OPTIONAL COVERAGES

• Personal articles floater
• Jewelry, furs, fine arts

For more information on renters insurance, feel free to give Laurie Yakubik a call at 702-456-8119 or visit her website at http://www.farmersagent.com/lyakubik

As of this writing, the Greater Las Vegas Association of Realtors Multiple Listing Service (MLS) showed a total of 8,793 active Single Family Homes, Town Homes and Condominiums available with no offers. Here is the breakdown:

1. 649 foreclosure listings which comprise 7.3% of all listings
2. 1,338 short sales which comprises 15.2% of the market
3. 1,987 distressed sales (short sale + foreclosures) which equates to 22.5% of the market
4. 6,806 listings are traditional sales which make the up 77.5% of the market

The University of Nevada-Las Vegas’ Lied Institute for Real Estate (pronounced “LEED”) reported in its Housing Market 2013, 2^nd Quarter (displayed above) there were an estimated 72,737 vacant properties in the Las Vegas area. This is a vacancy rate of 9.4%. It is clear from the numbers of listed homes as compared to the overall vacancy rate in the Las Vegas real estate market that there is still a sizable shadow inventory that exists.

Another interesting component of the overall health of the market is new home sales. According to Lied’s Oct 2013 Market Conditions Report, new homes sales were down 77% from last year at this time. You may be wondering what new home sales would have to do with the amount of foreclosures. The relevancy is that still 41% of homes with mortgages are under water (UNLV LIED INSTITUTE FOR REAL ESTATE STUDIES, REPORT ON NEVADA HOUSING, OCT 2013, PAGE 16). The prospect that prices have peaked means that those yet hoping to get bailed out by rising prices are unlikely to see that scenario pan out, leading to more distressed sales.

If this data correctly suggests that prices will stall or decline once again; then the action buyers and sellers should take is pretty clear. If you were thinking of selling now is a great time to lock up your equity. If you’re looking to buy, you’ll need to look at this market very honestly when deciding whether or not to enter.