Buying Distressed Properties: Structural Inspections Mandatory

By Creighton A. Welch – Express-News

If you’re in the market for buying a house, buying a distressed property might be an avenue to look into.

But when buying a distressed home, make sure you know what’s involved, how the process works and the challenges you may face. Otherwise, you might become more distressed than the actual house.

“The perception of getting a great deal is definitely there, and in many cases you do get a great deal,” said Mike Ochoa, a real estate agent with Keller Williams Realty who focuses on short sales. “But you have to be patient. There are a lot of pitfalls that can be there.”

Distressed properties typically either are in foreclosure or are being offered through a short sale. In a short sale, the bank or mortgage lender will agree to discount the balance left on the loan, which helps the homeowner avoid foreclosure.

Often, buyers can find great deals on distressed properties, which is what makes them attractive.

Ricky and Sarah Alaniz recently purchased a foreclosed condo unit at the Camp Street Lofts.

Because it was foreclosed several years ago, the bank was ready to sell it at a discount, and “we were able to purchase it at it a good price,” Ricky Alaniz said.

He said it was cheaper by about $30 per square foot than a similar condo in the complex that was not in foreclosure, which ended up saving the couple about $30,000.

“It turned out to be a very positive experience,” he said. “It took a couple weeks longer, simply because there were some issues that were not resolved” ahead of time.

Ochoa says a short sale could take 90 days because of all the parties involved, and buying a foreclosure could take a similar amount of time.

Because a bank or lender often controls these properties, they act as another player in the process, which can add to the time it takes to buy a property.

Buying a distressed property “can sometimes be rather lengthy because there are multiple interests involved,” said Lisa Schmidt, a real estate agent with the Phyllis Browning Co. “Depending on the depths of the bank’s involvement, it tends to make the process a lot longer because you have more people who have to approve or check off on things.”

But banks with foreclosed property can sometimes represent the buyer.

“The bank that owns the property or is handling the property may be interested in providing the financing to the new buyer and so that can be a plus,” Schmidt said. “You’d want to compare what they’re offering with other lenders, but that can be a potential plus.”

The Alanizes financed their condo with the bank that had foreclosed on it. Still, working with a bank on a foreclosure made a difference compared with buying a conventional home.

“The difference in my perspective was mostly the financing end of it, where lenders were a bit more leery of financing an empty space,” Ricky Alaniz said.

Banks often will review their offers for foreclosed properties to make sure the offer covers all the debt owed against the property, because the mortgage might be just part of what’s owed. If there are condo or HOA fees, taxes or a home equity loan, that debt will be included in the purchase price a bank will accept.

Ochoa, who has been specializing in short sales since 1994, says buyers often can find better deals through short sales than through foreclosures.

When a lending institution takes the time to prepare a home for the market, whether that means paying any owed taxes or fees or repairing any damage, the bank may net as little as 40 percent of the original appraisal, he said.

“A bank foreclosure can cost the bank a lot of money,” he said. “On a short sale, we have a little bit more room. The lenders are going to tell us what kind of room we have to price it.”

When buying a distressed property, one risk is that the house is physically distressed as well. The Alanizes bought an empty shell because they wanted to design and build the interior themselves. But even with that shell, there still were plumbing issues that never had been taken care of and that delayed closing by several weeks.

“Maybe those owners weren’t able to keep up with the maintenance,” Schmidt said. “Certainly not all are in bad shape. Many are nice homes that were well taken care of.”

In some cases, prospective buyers might not have the opportunity to inspect the home before closing, Schmidt said.

“The banks are often in the mind-set of selling it in an as-is condition,” she said.

Another caution with buying a distressed property is that it could carry that price stigma throughout your ownership.

“I look at track records,” Ochoa said. “The majority of times, if you bought that foreclosure and you got that discount on it, you’re going to have to go around and sell for that discount.”

TRCC-Dead on Arrival?

By Jennifer Hiller – Express-News

The often-criticized agency that oversees home building in Texas will be dismantled.

As the legislative session wound down this week, lawmakers did not act to save the beleaguered Texas Residential Construction Commission from the state’s Sunset process.

Now the decision — which many say is unlikely to be reversed in a special session — has consumer advocates, builders’ groups, attorneys and even agency officials themselves scratching their heads over how the agency’s death will occur.

No one quite seems to know how the TRCC, created in 2003, will close its doors or what happens to the homeowners and builders who are in the middle of the agency’s inspection process.

“We’ve been an experiment since our creation, and we’ll be an experiment in our demise,” TRCC Executive Director Duane Waddill said.

The 5-year-old commission long has been accused of offering more protections for builders than it does for homeowners.

Now the laws that push homeowners and builders into the TRCC‘s dispute resolution process and regulate home building will end Sept. 1. The agency has another year to wind down its operations.

The Sunset Advisory Commission staff last year recommended abolishing the agency, in part because of the inability of the agency to force builders to repair shoddy construction work. Homeowners were forced to go through the agency before going to court, but didn’t trust it, the staff report said.

“No other regulatory agency has a program with such a potentially devastating effect on consumers’ ability to seek their own remedies,” it said. And in 2006, an audit from the Texas comptroller’s office branded the agency a “paper tiger” and said the agency shields builders from responsibility.

This session, lawmakers appeared ready to clearly outline the terms of the agency’s demise and the applicable laws to guide consumers and builders in the future.

But Joey Longley, the Sunset Commission’s executive director, noted that the bill died in conference committee.

The House had approved the legislation, but the Senate voted 17-11 to adjourn without passing it. The continued operation of the agencies that oversee transportation and insurance also were part of the so-called “safety net” bill and likely will be the topic of a special session.“Usually the statutes provide a little more detail,” Longley said. “In this case, we don’t have that.”

Waddill said the TRCC‘s board will meet Wednesday to adopt a plan. Possible options include making the inspection and resolution process an optional one for consumers in the last year of the agency’s existence or simply finishing out the 200 pending cases it has now.

“We’re here and committed to getting them done and inspected as best we can,” Waddill said.

In September, Texas reverts to the pre-TRCC law, the Residential Construction Liability Act, which limited damages homeowners could seek and gave builders the right to repair poor construction.

Previous case law had established an implied warranty of workmanlike construction and habitability in home building, San Antonio attorney Gary Javore said.

But Javore said there was never a standard definition of what “workmanlike construction” meant.

“Whoever had the more personable expert would win the case. Standards would change from case to case,” Javore said.

Alex Winslow, executive director of Texas Watch, advocated eliminating the agency, but also said the previous RCLA law offered inadequate consumer protection. He expects the Legislature will address the home building industry again.

“We got the agency out of the way and now can start with a fresh slate in the next session,” he said. “We can create a process or agency so that builders are held accountable and homes are built right the first time. The TRCC never really served those goals,” he said.

In the short term, though, things are murky.

“We’re already hearing from homeowners and consumers,” Winslow said. “They’re confused.”

Ned Muñoz, vice president of regulatory affairs and general counsel for the Texas Association of Builders, said many consumers benefited from the agency

“I think it’s unfortunate that a lot of the consumer groups who were clamoring for the TRCC‘s demise will have nowhere to turn for these disputes,” Muñoz said. “Now all they’ll have is costly legislation.”

Texas Residential Construction Commission-Fading Into The Sunset?

By Jennifer Hiller – Express-News

The often-criticized agency that oversees home building in Texas will be dismantled.

As the legislative session wound down this week, lawmakers did not act to save the beleaguered Texas Residential Construction Commission from the state’s Sunset process.

Now the decision — which many say is unlikely to be reversed in a special session — has consumer advocates, builders’ groups, attorneys and even agency officials themselves scratching their heads over how the agency’s death will occur.

No one quite seems to know how the TRCC, created in 2003, will close its doors or what happens to the homeowners and builders who are in the middle of the agency’s inspection process.

“We’ve been an experiment since our creation, and we’ll be an experiment in our demise,” TRCC Executive Director Duane Waddill said.

The 5-year-old commission long has been accused of offering more protections for builders than it does for homeowners.

Now the laws that push homeowners and builders into the TRCC‘s dispute resolution process and regulate home building will end Sept. 1. The agency has another year to wind down its operations.

The Sunset Advisory Commission staff last year recommended abolishing the agency, in part because of the inability of the agency to force builders to repair shoddy construction work. Homeowners were forced to go through the agency before going to court, but didn’t trust it, the staff report said.

“No other regulatory agency has a program with such a potentially devastating effect on consumers’ ability to seek their own remedies,” it said. And in 2006, an audit from the Texas comptroller’s office branded the agency a “paper tiger” and said the agency shields builders from responsibility.

This session, lawmakers appeared ready to clearly outline the terms of the agency’s demise and the applicable laws to guide consumers and builders in the future.

But Joey Longley, the Sunset Commission’s executive director, noted that the bill died in conference committee.

The House had approved the legislation, but the Senate voted 17-11 to adjourn without passing it. The continued operation of the agencies that oversee transportation and insurance also were part of the so-called “safety net” bill and likely will be the topic of a special session.“Usually the statutes provide a little more detail,” Longley said. “In this case, we don’t have that.”

Waddill said the TRCC‘s board will meet Wednesday to adopt a plan. Possible options include making the inspection and resolution process an optional one for consumers in the last year of the agency’s existence or simply finishing out the 200 pending cases it has now.

“We’re here and committed to getting them done and inspected as best we can,” Waddill said.

In September, Texas reverts to the pre-TRCC law, the Residential Construction Liability Act, which limited damages homeowners could seek and gave builders the right to repair poor construction.

Previous case law had established an implied warranty of workmanlike construction and habitability in home building, San Antonio attorney Gary Javore said.

But Javore said there was never a standard definition of what “workmanlike construction” meant.

“Whoever had the more personable expert would win the case. Standards would change from case to case,” Javore said.

Alex Winslow, executive director of Texas Watch, advocated eliminating the agency, but also said the previous RCLA law offered inadequate consumer protection. He expects the Legislature will address the home building industry again.

“We got the agency out of the way and now can start with a fresh slate in the next session,” he said. “We can create a process or agency so that builders are held accountable and homes are built right the first time. The TRCC never really served those goals,” he said.

In the short term, though, things are murky.

“We’re already hearing from homeowners and consumers,” Winslow said. “They’re confused.”

Ned Muñoz, vice president of regulatory affairs and general counsel for the Texas Association of Builders, said many consumers benefited from the agency

“I think it’s unfortunate that a lot of the consumer groups who were clamoring for the TRCC‘s demise will have nowhere to turn for these disputes,” Muñoz said. “Now all they’ll have is costly legislation.”

Foundation Problems? You Need To Know

Why is my foundation cracking?  Poor design?  Incorrect materials?  Expansive Soils?  Workmanship problems?  Plumbing Leak underneath the slab? Property Insurance Claim?

Every year, thousands of home foundations crack, warp, buckle or fail.  Yet many homeowners do not know if their foundation has a problem or if it truly needs repair.

Get the facts.  Call us.  Because you need to know.

Toll Free:  866-440-0003

After the Storm: A Few Thoughts on Windstorm, Catastrophe, or Hurricane Planning

  1. Don’t return until authorities have said it’s safe to do so.Don’t enter your home if you smell gas, if floodwaters remain, or if your home was damaged by fire and authorities have not said it’s safe to enter.
  2. Call your insurance agent or company promptly to report property damage. Keep a record of all contacts you have with your company. Be prepared to answer questions about the extent and severity of the damage. Follow the call immediately with a written claim to protect your rights under Texas’ prompt-payment law.
  3. Ask your agent about additional living expenses (ALE). This coverage reimburses you for any necessary and reasonable increase in food or lodging expenses if you have to move while your home is being repaired.
  4. Photograph or videotape the damage.
  5. Make reasonable and necessary repairs to protect your home and property from further damage. Cover broken windows and holes to keep rain out. Do not make permanent repairs before a claims adjuster inspects the damage. Keep a record of your repair expenses and save all receipts.
  6. Try to be present when the adjuster inspects your damage. You may also have your contractor present at the inspection or have the contractor review the adjuster’s report before settling the claim. Don’t accept an unfair settlement. Most adjusters can provide proof-of-loss forms if you need to file a flood insurance claim. The claim forms must be filed with the National Flood Insurance Program within 60 days.
  7. If you hire a public insurance adjuster, make sure the public adjuster is licensed by TDI. Public insurance adjusters work independently and charge a fee for their services. If you hire a public adjuster, keep in mind that you may have less money to repair or replace your damaged property. Public insurance adjusters must disclose their fees in the written contract with you. Public adjusters may not give legal advice and may not participate, either directly or indirectly, in the reconstruction or repair of your damaged property. Make sure the public adjuster is licensed by TDI by calling TDI’s Consumer Help Line or using the “Agent Search” feature on our websitewww.tdi.state.tx.us
  8. Work with reputable contractors. Ask contractors for references and verify them. Contact your Better Business Bureau, local police, or Chamber of Commerce for information. Insist on an itemized contract in writing and pay only as work is completed. The Texas Deceptive Trade Practices Act prohibits price gouging once the governor has declared an area a disaster area. If you suspect price-gouging or any other deceptive business practice, call the Office of the Attorney General’s Consumer Protection Hot Line

    1-800-337-3928

  9. If your home is not insured, call your local Red Cross. There may be a Disaster Recovery Center in your area to provide information and assistance. If the event is a federally declared disaster, contact the Federal Emergency Management Agency

1-800-621-FEMA (3362)

Windstorm Insurance: Ask Your Realtor–BEFORE You Buy

Windstorm Insurance.  Do you need it?  Here are a few questions to ask your real estate professional before you purchase a home or building along the Texas Gulf Coast:

1. Is Windstorm Insurance mandatory?  Do I really need it?

Mortgage companies typically require full coverage which includes wind coverage.  In the event you decide to sell your home the Certificate of Compliance (WPI-8) is an excellent selling point which proves code compliance and provides eligibility for windstorm coverage. Continue reading

Hurricane Ike, Windstorm Inspections, and Texas Designated Catastrophe Areas

Lineberger & Associates —  Windstorm Inspections

Lineeberger & Associates, an appointed Texas Department of Insurance (TDI) Windstorm Inspector, inspects and certifies (WPI-8)  residential and commercial structures located in the designated catastrophe areas along the Texas gulf coast.  Certification of a structure is dependent on a structure’s compliance with either the Texas Windstorm Insurance Association Building Code for Windstorm Resistant Construction, Texas Department of Insurance Windstorm Resistant Construction Guide, the wind loads specified in the ASCE 7-93 or the Southern Standard Building Code as amended May 8, 1973. Continue reading

Foundation Cracking? Get Structural Engineering Help

So you have seen a few foundation cracks here and there.  Your interior walls are showing some distress.  Your floor seems out of level.  Your roof line is not plumb.  Your exterior walls are bowed.  Your brick or rock walls have mortar cracks.  But do you really have a problem?

Contact Lineberger and Associates of San Antonio, Texas for a free online or telephone consultation.  We can provide you with some basic information about what to expect from your concrete home & business foundation, the typical slab repair methods, and what may be causing your foundations to crack.  Call Toll free 866-440-0003, or point your browser to:   www.structuralsciences.com .

Or feel free to email Jeff Lineberger, P. E.  Principal, Lineberger & Associates, San Antonio, Texas at [email protected]

Residential and Commercial Building Inspections

Lineberger & Associates performs TDI Windstorm Inspections, Insurance Inspections, forensic inspections and TRCC Inspections statewide.  Please feel free to download out inspections brochure for more information:  [download id=”12″].

Texas Residential Construction Commission Investigating KB Home for Possible False Advertising

By Jennifer Hiller – Express-News

The Texas Residential Construction Commission is investigating KB Home for possible false advertising due to lingering complaints from San Antonio-area homeowners who say the builder misled them.

The complaints center on the adjacent Sundance Ridge and Sundance Trails communities, where some homeowners say they were promised an upscale community and do not want KB to bring lower-priced homes into their neighborhoods.

The residents have been lobbying county commissioners and state legislators, signing petitions and hammering “for sale by owner” signs into their front lawns.

“I can confirm that based on complaints that we had, we are looking into some allegations that include false advertising,” said TRCC spokesman Patrick Fortner. But Fortner said the agency couldn’t get more specific because it’s an ongoing investigation.

KB Home says it has been working to listen to and respond to individual homeowners and the community. A few months ago, after many residents objected to plans to build smaller homes with siding and one-car garages, the builder reversed some of the cutbacks. All homes in the Sundance communities now will have masonry and at least two-car garages.

“We have fully responded to any homeowner complaints brought to us by the TRCC, but we are not aware of any other open issues,” KB Home spokeswoman Cathy Teague said.

The Sundance communities, located off Potranco Road outside Loop 1604, have about 400 lots combined. The adjacent neighborhoods share a community center, pool, fitness center, playground and other amenities such as walking trails.

The biggest issue is that homeowners worry that lower-priced homes will bring down their property values and ruin the neighborhood’s aesthetics. Already, some said their tax appraisals have dropped.

Many of the current owners say they purchased homes with two- to three-car garages with prices from the $130,000s into the $200,000s.

Prices on the various floor plans now start at $110,000 and go up to $186,000.

“The real problem is this was supposed to be an upscale community,” resident Maria Suarez said. “Now it’s being marketed as a starter community.”

Over the weekend, a group of residents met with the chief of staff for state Sen. Carlos Uresti, D-San Antonio, to outline their complaints.

Sundance Ridge and Sundance Trails opened in the summer of 2006 at the height of the real estate market. Now, builders across the San Antonio market are scaling back their neighborhood plans to cope with the slower economy.