Don't let it rain.. I mean sprinkle!

There will be a floor amendment to a bill, HB 2659 by Representative Fred Jordan,that will prohibit a municipality from mandating residential fire sprinklers in one- and two-family dwellings.  We were successful in getting the fire sprinkler mandate removed from the statewide building code, but it was left in the appendix.  That meant that a city could put the code in their requirements.  Our amendment would prohibit such an action.  This is critical to our industry as we have already had to fight this issue in a couple of towns.  Let's say NO to mandated fire sprinklers!

Oklahoma City will have a public hearing on MARCH 27, to consider this mandate...  Let's have our voice heard!

Special Election Results

On February 14, Oklahoma voters went to the polls in four legislative special elections. Voters in two of those districts will head to the polls again on April 3 to decide the ultimate winners. In the other two races, Rep. Al McAffrey was elected to serve as a State Senator in District 46 and Curtis McDaniel was elected the State Representative for District 1.


In House District 71, which is located in Tulsa, Katie Henke won the Republican primary with 77% of the vote. Dan Arthrell won the Democratic primary with 85% of the vote in that district. The two will face off on the April 3 General Election.

In Senate District 20, which is comprised of Logan, Noble, Pawnee, and Kingfisher Counties, AJ Griffin won the Republican nomination with 40% of the vote. The primary was winner-take-all since special elections do not have run-offs. Griffin will face Democrat Magnus Scott in the April 3 election. 

To see the complete results of these four special elections and school board elections that were also held on February 14, click here.

New ward boundaries for the City’s eight wards were adopted by City Council. The boundaries took effect on September 30.


City Council members for each ward are as follows:
Ward 1 Gary Marrs, Ward 2 Ed Shadid, Ward 3 Larry McAtee, Ward 4 Pete White, Ward 5 David Greenwell, Ward 6 Meg Salyer, Ward 7 Skip Kelly and Ward 8 Pat Ryan.

Approved Ward Map

City of Oklahoma City Releases Performance Report

City of Oklahoma City has released an in-depth report on their 2011 goals and their performance.  This is a detailed report and worthy of reading.  I am proud to be a citizen of Oklahoma City!
Residents interested in learning how effectively the City of Oklahoma City is delivering services to them can log on to 2011 City of Oklahoma City Performance Report

Congrats Senator-Elect Childers

Congrats to Republican Greg Childers, the new Senator from the 43rd District of Oklahoma!

MAPS Implementation Plan

Do you know the projects, timing and budget for MAPS3?  Find all the answers here MAPS3 Implementation Plan

2011 OKC Citizen Survey

Mayor Cornett announced according to the 2011 Citizen Survey they received this week at  City Council, eight out of 10 Oklahoma City residents think Oklahoma City is not only moving in the right direction but is also a good place to live, raise children and work.

Oklahoma City Unemployment Rate

For the month of August, Oklahoma City's unemployment rate improved to 5.0% from previous month (July 5.5%). OKC has the lowest unemployment rate of any large metro (over 1 million population) in the country!

WAY TO GO OKC!

Oklahoma City Council Elections Bode Well for Economic Development

The Oklahoma City Council had 4 open seats in this month's election. Meg Salyer, Ward 6 and Pat Ryan Ward 8 retained their seats. David Greenwell won Ward 5 and there will be a runoff for Ward 2. Charlie Swinton, a former REALTOR®, is pro-development. We had the chance to meet with Charlie last week and he shares many of the same interests that REALTORS® do in promoting economic development. I encourage everyone to read about the two candidates and participate in the run off. According to NEWSOK.com,:

"In the Ward 2 election, the two top spenders — Swinton and Shadid — will face each other in a runoff election April 5. Swinton received 43 percent of the vote and Shadid received 35 percent. Oklahoma City Planning Commissioner Janis Powers received 16 percent of the vote but did not qualify for the runoff. None of the other three candidates received more than 3 percent of the votes. “We're celebrating a great victory,” Swinton said from his watch party. “We think our issues are the best — pro job growth, pro business and pro police. It's a matter of timing. We're confident we're going to win, it's just a matter of when.”

Read more: http://newsok.com/oklahoma-elections-two-city-council-incumbents-win-re-election-one-gets-defeated/article/3545242#ixzz1FTywRCYQ

New Short Sale Disclosure Requirements

Direct from NAR :

The Federal Trade Commission (“FTC”) has issued a final rule that may impact real estate professionals who represent clients involved in a short sale transaction. Depending on certain factors, the rules may require real estate professionals to make certain disclosures to consumers if they negotiate a short sale with a lender, advertise short sales experience, or take upfront fees from short sale sellers. The MARS rules took full effect on January 31, 2011- click here to view the MARS rule. Click on the title above to read all about the new requirements

Obama Signs Tax Credit & Expansion

Tax Credit Passes! You did it OKCMAR!

A Message from NAR President Charles.....

You did it. You’ve succeeded in achieving a huge victory for real estate. Congress heard you on the need to both extend and expand the homebuyer tax credit to continue stimulating the housing sector of the economy. The Senate voted 98-0 on Wednesday and yesterday the House voted 403-12 on legislation that includes the extension and expansion of the credit. President Obama is expected to sign the legislation, perhaps as early as today.

Thank you for making this victory happen. Your letters in response to our Call for Action made a very big difference, as did the thousands of REALTOR® phone calls, visits by Federal Political Coordinators—all members of NAR—in getting this legislation passed. This is a great victory for the economy, for homebuyers, and for all of you in real estate. You made your case to Congress. We deeply appreciate your commitment and involvement on this issue and trust your continued support will follow in the weeks ahead on all our future Calls for Action.

More information on the tax credit and what it means to you please visit the REALTOR Action Center!

Thursday, November 5, 2009

KUDOS to the RPIC Committee

Great News OKCMAR! Your legislative RPIC (REALTORS Political Involvement Committee) Committee has secured $10,000 from the state association to support MAPS. Your state association, OAR, sets aside funds each year to assist local associations in issues mobilization (in plainspeak- promoting good laws that benefit homeowners and REALTORS or defeating bad laws that seek to strip property owners of their current rights or results in harm to the real estate industry). These funds are given very judiciously and their use should impact all Oklahoma REALTORS.

MAPS is a great example of how economic development in the heart of our capital city can impact our entire state through dollars and visitors brought into our state. This legislation will ripple through all of Oklahoma and will not only maintain our vibrant real estate industry but open up even more opportunities for growth in both the commercial and residential segments.

A special thank you to RPIC Chair, Lorna Koeninger, of Paradigm Realty, whose passionate and informed testimony in front of the state committee secured the maximum available funding. Thank you Lorna on behalf of all of OKCMAR and the OKC REALTOR citizens!

Seats at the Table

OKCMAR you should be proud! This week I got the news that OKCMAR will fill three seats on the National Association of REALTORS 2010 committees. Now, OKC will have an active voice in the national leadership that defines us all. Mike Cassidy, of Paradigm Realty, has been selected to serve on the national Land Use & Private Property Rights Committee. Bart Binning of Prudential Alliance Real Estate has been selected to serve on the national REALTORS Commercial Alliance Committee and I, Dawn Kennedy, will be a member of the AE group.

When one joins the local association there is an opportunity to be a part of a national force that affects policy and legislation for our society as a whole. No more is this proven than when our association is asked to have a seat at the table and be a voice in national policy. This is only accomplished through dedicated leadership,vision and the member committment to the growth and development of a local association. Your efforts have been recognized!

Health Reform Passes the House

The house passed the health care reform bill by a small vote margin. Your OKCMAR staff is currently reviewing the bill- it is 1990 pages and will post information as soon as our analysis is complete

You Made a Difference!

Legislation passes 85-2 to clear the way for an extended tax credit AND to include move-up buyers in the credit! You all did this through your response to the call to action. You have made a tremendous difference in the lives of Oklahoma citizens who otherwise could not afford a home and for those homeowners looking to sell their home and invest in another!

To read the full details click here

Why You Need to Vote Yes for MAPS

OKC REALTORS, we have an opportunity of a lifetime looming in the future: MAPS3. Passage of this important legislation is essential to the long term growth of our industry and our market. Over the last three years, as cities across the country are seeing record losses in real estate sales and property values, Oklahoma City has received national recognition for our healthy real estate market and sales have continued to climb.

Because we were uniquely positioned to survive the economic downturn we are also uniquely positioned to leapfrog over other cities as the most desired vacation/second home/ retirement/ commercial market. We are in an exceptional position to deliver!

But the great future ahead of us cannot be realized without the passage of MAPS. There are several key components to MAPS detailed below with talking points in red as to the benefit to the REALTORS:

The sales tax extension for the Ford Center renovations expires at the end of March 2009. Mayor Mick Cornett and the city released the official plan for MAPS 3 on September 17, 2009.

The official plan calls for a December 8, 2009 vote on a continuation of the one-cent sales tax for a period of 7 years and 9 months. According to the city, if approved, the total $777 million would be used for the following:

• A new, approximately 70-acre central park linking the core of downtown with the Oklahoma River- Increases the quality of life in OKC which in turn positions OKC as a desired relocation area
• A new rail-based streetcar system, plus potential funding for other rail transit initiatives, such as commuter lines and a transit hub-Increases the desirability of downtown housing
• A new downtown convention center- Brings dollars into the city from other states through increased convention activity
• Sidewalks to be placed on major streets and near facilities used by the public throughout the City- Walkability is the statistically proven primary factor in a city's growth- growth means housing and commercial real estate opportunities created
• 57 miles of new public bicycling and walking trails throughout the City- Major corporations consider the quality of life for its employees and potential growth when considering new sites for corporate facilities. Also increases the quality of life in OKC which in turn positions OKC as a desired urban relocation area
• Improvements to the Oklahoma River, including a public whitewater kayaking facility and upgrades intended to achieve the finest rowing racecourse in the world- Draws dollars into the community from other states
• State-of-the-art health and wellness aquatic centers throughout the City designed for senior citizens- Positions OKC as a desired second home/ retirement market
• Improvements to the Oklahoma State Fairgrounds-Positions OKC as an area of consideration for large outdoor events

TO LEARN MORE: www.yesformaps.com

FHA Announces Credit Tightening Policies

The FHA (which insures mortgage lenders against losses) is required by federal law to maintain a supplementary reserve of 2% of the loans it insures. This Friday (September 18th) the FHA announced that they would fall below the reserve requirement and were initiating action. The FHA is confident that they can control the situation through several measures. The FHA assured the press and the public that the shortfall WOULD NOT affect the premiums borrows pay or the current 3.5% down payment requirement.

The Wisconsin Journal Sentinel reported, "Appraisals will be valid for no more than four months, down from six to 12 months previously. The FHA also plans to change rules aimed at averting pressure on appraisers, making them more consistent with those adopted earlier this year by Fannie and Freddie. Mortgage brokers or bank employees paid on commission won't be allowed to order appraisals."

Lenders providing FHA loans will now be required to have 1 million dollars in assets as opposed to the current quarter of a million.

Of concern is that Inman News reported that the minimum consumer credit score for an FHA backed loan would increase from 633 to 693. After much research, I could not find verification from a credible source of this report. I would ask our lending affiliates to verify this through blog comment.

NAR is Launching Its First Video Contest!! Win $500!!

The 2009 REALTOR Party Video Contest challenges REALTORs to make a short, personal video explaining how the Home Buyer Tax Credit has helped their clients buy their first home.

The contest will run until September 30. The winning entry will receive a $500 American Express gift card and be shown at the Annual Convention in San Diego in November. Two runners-up will receive Flip UltraHD Camcorders.

All of the information about the contest, including the rules and instructions on how to enter, is located at http://www.realtoractioncenter.com/video

What a great opportunity for OKCMAR members to show what the tax credit has done for us! Please contact me if you decide to summit a video for this contest. We will help in any way possible. GOOD LUCK!

Monetized Tax Credit for Oklahoma First Time Home Buyers!!

The Oklahoma Housing Finance Agency has announced a program to monetize the Federal First Time Homebuyer Tax Credit to allow qualified buyers to use the funds for down payment, closing costs & pre-paid expenses for the purchase of their home.

The Buyer has to be eligible for the Federal Tax credit to access this program and have a minimum credit score of 620. FHA guideline apply.

For more information on how you or your buyers can use this program talk to you lender or see www.ohfa.org.

Houses Passes Climate Bill with Energy Labeling Exemptions

NAR Legislative Analysis: The American Clean Energy and Security Act:

The U.S. House of Representatives approved H.R. 2454, the American Clean Energy and Security Act by Reps. Waxman (D‐CA) and Markey (D‐MA). The bill, re‐numbered H.R. 2998, includes NAR‐supported provisions, championed by Rep. Perlmutter (D‐CO), that exempt existing homes and buildings from the bill's provisions to build upon an existing Energy Star energy labeling program.

After multiple consultations with the NAR Climate Presidential Advisory Group, the NAR Land Use, Property Rights and Environment Committee, and state associations who had dealt with energy audit legislation at the state level, the Land Use, Property Rights and Environment Committee directed NAR staff to concentrate on the real estate provisions in the bill. As a result, NAR issued calls for action and made this a talking point for Capitol Hill visits during its recent Midyear meeting.

Overall, Realtors succeeded in making a number of positive changes to the bill. Thanks to Realtors, the House‐approved bill:

• Does not create a federal energy audit requirement for real property;
• Exempts existing homes and building from any federal guidelines for new construction energy efficiency information label;
• Prohibits the implementation of any labeling during a sales transaction.
• Leaves the decision to states as to whether to require energy audits, disclosures, etc.
• Provides property owners with significant financial incentives, matching grants and tools to make property improvements and reduce their energy bills;
• Prohibits the Environmental Protection Agency from regulating residential and commercial buildings under the Clean Air Act;
• Eliminated an early proposal to allow citizens to sue over minor climate risks under the Clean Air Act; and
• Establishes green building incentives for HUD housing, including a loan program for renewable energy, block grants and credit for upgrades in mortgage underwriting.

While H.R. 2998 includes many positive changes, NAR will have additional opportunities to make further changes to address unresolved issues, such as the bill's building energy code targets. The Senate must still pass its version of an energy and climate bill. There would be a House‐Senate conference committee to reconcile differences between the House and Senate bills. The timing for a vote in the Senate is not clear as the Environment and Public Works Committee still must develop the climate provisions to "cap and trade" carbon emissions.

The Senate Energy and Natural Resources Committee has approved energy provisions that are more realistic and preserve state flexibility to develop and enforce building codes. While the bill as approved by the House represents a significant improvement over the bill that was introduced, NAR will continue to work to address these issues as the legislative process continues.

"Green Mortgage"

FHA Expands “Green Mortgage” Feature (ML 2009-18)

Link to Mortgagee Letter »

---

Notable Date:

Effective immediately

Industry Participants Affected:

Builders, Realtors, FHA Approved Lenders

Synopsis:

FHA has increased the amount of effective energy improvements that may be added to the base FHA maximum mortgage amount limit under the Energy Efficient Mortgage (EEM) program. The maximum amount for the portion of the EEM for energy improvements is the lesser of 5% of:

• The value of the property, or
• 115% of the median area price of a single family dwelling, or
• 150% of the conforming Freddie Mac limit

The EEM program allows a borrower to finance 100% of the cost-effective energy package as long as the present value of the energy saved over the useful life of the improvements is demonstrated. For example:

Sam and Sally Homebuyer are purchasing a 20 year old home and the value is $300,000. They want to take full advantage of the EEM feature, which is $15,000 (5% of $300,000).

They have decided to replace the old windows with energy efficient windows and replace most of the dated appliances with Energy Star appliances. The current utility bills for the home average $350 per month.

Mr. and Mrs. Homebuyer have consulted a certified Home Energy Rater and the Rater has provided a report which indicates with the improvements the average monthly utility cost based on today’s value is $250 per month, a savings of $100 per month. The average life of the energy improvements is 15 years or 180 months.

The energy savings over the life of the improvements will be $18,000 ($100 X 180). Since the energy savings ($18,000), based on today’s energy costs, are more than the cost of the improvements ($15,000), the Homebuyers’ qualify for the EEM feature.

The new maximum base loan amount with the EEM feature is the original base loan amount plus the cost of the cost-effective energy improvements. In this example, the new base loan amount is $304, 500 (300,000 X .965 + 15,000).

The EEM may be used for all property types, purchase and refinance transactions, including streamline refinances. New construction and existing construction are also eligible for EEM. In addition, EEM may be used in conjunction with the 203 (k) and Streamline K programs.

A qualified home energy rater must perform an analysis of the cost-effectiveness of the energy improvement using Home Energy Rating System (HERS) guidelines. The energy rater must provide the borrower and the lender with a written home energy rating report. The report will include an estimate of the current energy cost vs. the proposed energy costs with the improvements. Many home improvement stores have qualified home energy raters on staff. There are also a few home energy service networks with accredited home energy rater members, which can be found through an internet search.

Additional guidelines for underwriting an EEM and assuring completion of the energy savings improvements include:

• Initially underwrite the loan as if the EEM feature did not exist. For new construction, subtract the cost of the energy package from the sale price since the builder has included the improvements in the sale price.
• Use the information in the HERS report to determine if the improvements are cost-effective and qualify for the EEM feature.
• If cost effective, add the energy package cost to the maximum base loan amount, and calculate the loan amount with UFMIP. Note: The FHA maximum loan limit for the area may be exceeded by the cost of the energy efficient improvements.
• The qualification ratios may be stretched to 33/45 with the EEM.
• The FHA Loan Underwriting and Transmittal Summary (92900-LT) must indicate the EEM feature; show the cost of the energy improvements, and the final loan amount calculations.
• The appraisal does not need to reflect the value of the energy package.
• For new construction the energy improvements must be made prior to closing.
• For existing construction the improvements should be made within 90 days of closing. If the improvements are made post-closing, the lender must establish an escrow account, execute form HUD 92300, Mortgagee Assurance of Completion, and obtain a final inspection when the improvements are complete.

This recent change is a great opportunity for FHA approved lenders to market “green mortgages.” Let your Realtors and builders know how the EEM feature can help them sell more homes to energy conscious homebuyers, and get to know qualified home energy raters in your market. Home energy raters are an excellent referral source for current homeowners that want to include the cost of energy-effective improvements with the refinance of their current mortgage.

See ML 2005-21 for additional guidance.

FHA New Condo Approval Process

FHA Announces a New Condo Approval Process (ML 2009-19) Link to Mortgagee Letter » Notable Dates: Case numbers assigned on or after October 1, 2009 Single family detached condominiums—effective immediately Industry Participants Affected: Builders, Realtors, FHA DE Lenders and FHA Correspondents Synopsis: Single-family, detached residences legally classified as condominiums no longer require condo approval. These are known as “site condos,” and this change is effective immediately. Effective October 1, 2009 there will be two (2) options for review and approval of condominium units in non-FHA pre-approved condo projects. Both of these options can be used for proposed/under construction units, existing construction or conversions. The current spot condo approval process will be eliminated. Option 1: HUD Review and Approval Process (HRAP) – if this option is used, Environmental Review is not required within certain parameters. Option 2: DE Lender Review and Approval Process (DELRAP) – this option is only available to lenders who have unconditional DE approval, and staff with knowledge or expertise in reviewing and approving condominium projects. Environmental Reviews are not required with this option, but the lender must mitigate or avoid many conditions before completing review process. Mortgagee Letter 2009-19 should be read, in its entirety, for these details. A DE lender’s first five DELRAP approvals must be submitted to FHA for review for quality assurance purposes. Projects must be in full compliance with applicable state law requirements of the jurisdiction in which the condo project is located and with all other applicable laws and regulations. The DE lender is required to retain all project legal documents, contracts, conveyances, plats, plans, insurance coverage, presale and owner occupancy conditions in connection with their review and approval of any unit. The DE lender must be able to provide this documentation upon request by HUD staff. Project approval is NOT required for FHA to FHA Streamline refinance transactions, or FHA/HUD REO Division sales. Project eligibility criteria include: Projects, consisting of 2 units or more, covered by hazard and liability insurance No more than 25% of total floor area in project is designated as commercial use No more than 10% of units owned by one investor No more than 15% of total units can be in arrears of condo association fees At least 50 percent of units must be sold; 50% of units must be owner-occupied (if under construction 50% pre-solds) and legal phasing is permitted If the project is 3 or less units, only 1 unit can be FHA insured; If more than 3, the project is limited to total of 30% FHA insurance concentration Conversion projects no longer require the one year waiting period Manufactured homes projects are eligible but the DELRAP option for lender delegated approval is not available This new condo approval process does have benefits to the industry. Unconditional Direct Endorsement Lenders will now be able to process their own condo unit approvals and the delay for the HOC centers to review/approve will be eliminated. This can dramatically increase lenders’ turn times for non pre-approved condos.