Just got a search “how can I tell if my prepayment penalty applies to selling my home”
Read The Full Note. You need to do this before you sign it. I know that many people are just thinking “Sign this and I get the house!” or “Sign this and I get the money!” but a lot of loan providers – often the very biggest – scam their customers by talking about one loan with very favorable characteristics, and when it comes time to sign they actually deliver a completely different loan with a prepayment penalty, burdensome and unfavorable arbitration requirements (I’ve seen stuff that amounted to “the bank chooses the arbitrator”), and any number of other unfavorable terms, not to mention having a higher rate and three times the cost, and being fixed for two years as opposed to the thirty they told you about.
Any loan officer can make up all sorts of paperwork along the way to lull you into a sense of security. The only paperwork that means anything are the papers you actually sign at closing with a notary present. The Trust Deed, the HUD-1 form, and the Note. Concentrate on these three items. The HUD-1 contains the only accounting of the money that is required to be correct (things like do you need to come up with more money than you were told?). And the Note contains all the other information on the loan that your provider might actually deliver. Notice that wording – I said might deliver. Just because you sign the Note doesn’t necessarily mean you get any loan, let alone the one that Note is talking about, but these are the terms you’re agreeing to now, and most Notes do actually fund. They can’t change the terms without getting you to sign a different Note. But once you sign and the Right of Rescission (if applicable) expires, you are stuck. Get that other loan – the one your loan provider has been talking about up to now – out of your head. This is the moment of truth as to what they actually intend to deliver. The majority of the time, the loan they actually deliver is significantly different from the loan they were talking about before now, and this document is where the truth lies. Amount of the loan (does that match what you were told?). Length of the loan. Period of fixed interest. What the fixed rate is, and how the rate will be computed after the rate starts adjusting. The Payments: how closely do they match what you were told? Payments are a lot less important than the interest you are being charged, but if the payments are $20 more than you were told (or if the interest rate is different), you were basically lied to. If the real loan was available and the principal correctly calculated, the payment should be within $1. $20 off gives the loan provider literally thousands of dollars to soak you for extra fees in, even if the rate is correct. A competent loan officer knows what loans are really available and whether you are likely to qualify, and can calculate pretty closely how much money it takes to get the loan done. From this flows the payment. Payment is a lot less important than most people think, but you do need to be able to make it, every month. Furthermore, that’s how most people shop for loans and how unethical loan officers sell bad loans. Shopping by payment is a good way to end up with a bad loan. Many loan officers will tell you about this nice low payment, and conveniently neglect to mention the fact that if you make this low payment, you’ll owe the bank $1200 more at the end of the month than at the beginning of the month.
So take the time to read the entire Note before you sign. There are all sorts of things lenders slip in. I worked for a very short period at a place that trained its people in how to distract you from the numbers on this and the HUD-1 and the Trust Deed. This is a legally binding contract you are entering into, you are agreeing to everything it says, and there aren’t a whole lot of methods of getting out of it if you don’t like what it says later. Once the loan funds, you are stuck with the terms, the costs, and everything else. The only way out, in general, is to refinance, which means paying for another set of loan costs and quite likely the prepayment penalty on this loan. Multiple thousands of dollars. So don’t allow yourself to be distracted. Read the full Note.
Caveat Emptor.
Practical Applications: Credit Cards versus Home Equity Line Of Credit
You raise a lot of issues. Some I’m going to deal with very quickly, others I’m going to spend some effort on, but nothing as in depth as a full article would have. I’m going to keep referring to material found in Credit Reports: What They Are and How They Work
I’m going to take the email in chunks:
Turns out I made the Two-Loan choice myself, independent of your article, a couple years ago. I was motivated to get a conforming first loan (~$322K @ 5.75%), and put the other ~$45K of a prior mortgage into a HELOC (besides, the HELOC rate was lower than the 30-yr fixed at the time!).
Well, times (and HELOC rates) have changed, and I now have
~$65K on my HELOC, and relatively tight budget.
That was 2003. considering that I had 30 year fixed rate loans at 5.375 percent or lower without any points for months and 5.25 for literally zero total cost for about one, you likely paid more than you needed to. There was a period in late August when rates spiked up, but I was calling the same clients back in December and into 2004, asking if they wanted to cut their rate for free. No prepayment penalty, no points. Those would have lowered the rate further.
HELOCs (Home Equity Lines Of Credit) have the disadvantage that they are month to month variable, based upon a rate that is controlled by the bank. On the downside, you’re somewhat at their mercy. On the upside, the rate is based upon that lender’s Prime Rate plus a margin fixed in your loan papers. They can’t change your rate without changing everyone else’s also. There is absolutely no legal reason I’m aware of why they can’t set prime at twenty-four percent. There are plenty of economic reasons. Unfortunately, given the high demand low supply of money currently, the banks are competing for new business with a better margin, not a lower prime. They didn’t cut rates every time Greenspan’s Fed did, but they have religiously boosted prime every time the overnight rate has gone up since the Fed started raising it. Banks are making a killing in real historical terms right now with variable rate lending.
Fortunately, in most cases it’s pretty easy to refinance a HELOC. Credit Unions are a great place for this; variable rate consumer credit is where they shine. There are some internet based lenders where you can obtain no cost, easy documentation HELOCs at rates right around prime, or even a bit below if you have the credit. Most HELOCs also have interest only options for five or ten years. Brokers really don’t do a whole lot for HELOCs except keep lenders honest; there is not enough money in them to make them worth chasing and the lenders won’t pay for them the same as for first trust deeds; it’s too easy to refinance out of them. (Brokers can beat the stuffing out of credit unions on first trust deeds, however).
Unfortunately, your credit score is a problem now:
I have multiple credit card companies offering me low
introductory rates (some 0%, some 2%) for short terms (up-to 1 year).
Why would I NOT want to take them up on their offer?
In truth, I’ve already done this a number of times in the past 12-18 months, always at 0%. So I’ve learned the “minimum payment” trade-off (and I wish congress hadn’t forced CC companies to raise their minimum payment
requirements!) [ last year, one fine bank only made me pay $10/month on their loan of ~$10K! Now I’m seeing minimum payments of 1-3 %]
The difference between cash flow and real cost, and the fact that each time you accept a new credit card thus, it is a MAJOR hit on your credit. Let’s say you have two credit cards now that you have had for over five years, and get four new ones. Your FICO score modeling goes from over five years to about a year and a half on your length of credit history (the average of your accounts, except that five years is the maximum you get credit for an account). Open four more six months down the line, and now you have ten, with an average time open of just over a year. Furthermore, since most people move as much as they can into the new credit accounts, this gives major credit hits for being essentially maxed out on a card. Thirty to forty points on your FICO score per card, perhaps more. You say you’ve been doing this a while. Not to mince any words, I wouldn’t want to have your FICO right now.
There are always two concerns when you’re looking for the best deal. Minimize your costs, of which interest is far an away the largest, and be able to make your payments. I don’t know if you have other payments here, but if so I would do everything I could to live cheaply enough, long enough to use the money I save to make a difference on both of those scores. In your position, I’d sell any cars I still have a payment on, just to get out of the payment. This is a concern I’ve been telling people about since 2003, when the rates on everything were so cheap. There is more than one way to do things, but you have to be prepared for the consequences of the way you chose. I had some clients up in Los Angeles about July of 2003. They wanted to cut their payments. I gave them the option of a conforming loan (like yours) with a HELOC, and they took it. As soon as the loans funded, the wife called me and said I deceived them about the loan, and they wanted me to pay for another loan. Unfortunately for their contention, I had a piece of paper in the file with their signatures saying exactly what I tell everyone else about this situation, that the rate on the HELOC is month to month variable and subject to change, and that they understood this was a risk and they elected to take it. It looks like you went in with your eyes open, but the risk didn’t work out as you hoped. I’m trying to think of other strategies to help you out, but other than “live frugally for a while”, it’s all little stuff around the edges.
Tonight I’m “running the numbers” on whether a 2% rate (nondeductible) is better than an 8% (tax deductible). And according to my simple calculations (I’m an engineer, not a financial advisor!), it’s a no-brainer (go for
it!). For the $40K currently on the HELOC (other $25K is already temporarily in 0% accounts), the one-time transfer fee ($50-90/transfer) and lower interest amount (~$70/mo)
is ~$200/month less than the deductible interest-only (minimum, ~$435, @ 8%) HELOC payment, AFTER adjusting for the tax deductibility (@ 30% [fed + state], ~$130 on $435).
My plan is that in months when my “income”/cash flow cannot cover all the minimum payments, I’ll just use a HELOC check to cover the difference. That is, slowly transfer SOME of the debt back to the HELOC. But in the meantime, my theory goes, I’m paying down my principle faster than if I was just making “extra payments” on the HELOC.
Yes, in most cases you will make more progress, faster, this way, but at such a long-term cost as to make it prohibitive, particularly if you have to leave the credit lines open after you transfer the money out six months down the line. Lots of very silly folks do all kinds of weird and non-remunerative things because it’s a deduction, but deductions are never dollar for dollar. If that were the only concern, 2% nondeductible beats 8% deductible by a huge factor. Given what’s going on in the background, however, kind of a different story. All these newly opened lines of credit are going to drag you down for years. Make certain to pay it off before the adjustment hits; one month at 24% will kill almost all of your savings. Two months at 18% will more than kill it. Given what your score has likely dropped to, I’d bet that it’s closer to the former than the latter.
I also finally had a 0% application turned down, due to “too much credit already, for your income level”. So I imagine having all these cards may be hurting my credit score? But I’m not going to re-fi my house (or buy a new car?) anytime soon, so I think I don’t care.
I imagine you’re going to care. FICO scores require care and tending and time to rise back up. Close off any cards you opened for the zero interest period that you have paid off, and that will mitigate the damage. Keep only a few long standing accounts. But a large amount of damage is already done. When Credit Card companies are saying that, your FICO has dropped big time. Without running your credit, from the foregoing information, I’d guess you are below the territory where I can get a 100% loan, these days, even sub-prime (lower 500s). You might be below 500, where only hard money can lend to you.
Another concern is that HELOCs have “draw periods”, usually 5 years, and you’re about three years into yours. I’d be very certain to move it all back into the HELOC prior to the expiration of the draw period. Your credit card options are already getting worse, meaning that you’re not getting the cards or not getting approved for enough to be useful. The HELOC’s rate, by comparison, is set by a margin in an unalterable contract, and you’re not going to be able to qualify for a new HELOC that’s anywhere near as good while those card accounts are open. Move the money back in at least a couple months before the draw period expires and close the credit cards, and you might be able to get a new HELOC on decent terms.
Your credit is always vitally important. Guarding a high credit score is something worth stressing about. You never know when you might need to apply for credit. Most credit cards, nowadays, can alter your rate if your score drops or if you make one late payment anywhere, not just on that card. A good credit score saves you money everywhere, from borrowing to insurance. In your situation, I’d be stocking up on pasta and Hamburger Helper while seeing what I could do to increase my income, so I could live cheap enough to pay my bills down enough that I’m not squeezed. It’s your life, but that’s the way I see it.
Caveat Emptor
Long Term Care Insurance: Non-Tax-Qualified versus Tax-Qualified, and Partnership
(Part 2 of a three part Series on Long Term Care)
I wrote in the previous column a lot about long term care issues. This column deals with the insurance policies available for long term care. There are two major types, with one subtype available for people who are lucky enough to live in one of four states. There is non-tax-qualified (NTQ), tax qualified (TQ), and for those lucky enough to live in California, Connecticut, New York, and Indiana, there is a superior brand of tax-qualified, Partnership. In many states, there are indemnity policies available for those who don’t like paperwork, but the gotcha is that they are all NTQ, non-tax-qualified.
Let me explain what’s going on here.
In all of the legal policies, there are listed Activities of Daily Living, or ADLs. For non-tax qualified, there are seven, and for tax-qualified, there are six. It is the inability to perform a certain number of these activities without assistance that triggers eligibility for benefits. For tax-qualified policies, these are Bathing, Eating, Transferring, Continence, Toileting, and Dressing. Non-tax qualified adds the ADL of Ambulating, for a total of seven possible qualifiers. Note that the preparation of food is not a qualifying factor, hence Meals on Wheels and similar programs, as well as the traditional family support structures. “Assistance” ranges the gamut from just having somebody there in case something happens (“Standby assistance”) to having to have someone do it completely for you.
Bathing is performing the functions to clean yourself.
Eating is feeding yourself food you are given.
Transferring is being able to “transfer” from one support mechanism to another – for example, bed to wheelchair or wheelchair to toilet.
Continence is what you’d think.
Toileting is ability to perform the tasks necessary to eliminate waste material in a normal fashion.
Dressing is the ability to get clothing on and off as required.
Ambulating is moving yourself under your own power on your own feet from place to place.
Of these ADLs, bathing is almost always among the first to go and hence a trigger for the policy. Eating is probably the least prevalent trigger for benefits, followed by dressing, but there are no solid study figures I can find. Ambulating always goes before or with Transferring. Within broad parameters, each individual insurance company can write their own definitions of each of these. For instance, a number of companies used to define “Transferring” more or less the same as most people think of as walking, thus making it easier to qualify for benefits, and hence, a better policy than competing policies. Of course, they will be priced accordingly, as well, but there is a lot of variance on pricing within the industry. Of the policies I used to sell, the one with the broadest coverage was usually the second-cheapest in the competitive quotes. So shop around.
Now the point needs to be made that just because you qualify for benefits now doesn’t mean you have to start taking benefits now. Sometimes people are in situations where family can take care of them right now, but may not be able to do so indefinitely. Taking care of someone in this manner is brutally tough, and there is no shame in not doing so, or in saying “That’s enough, I can’t take it any more!” For this reason, every policy sold also includes respite care, where a caregiver who is usually a family member can get relieved by a paid provider. If you think about it, it’s to the insurance company’s advantage as they pay out less money this way, as opposed to the person starting to use full benefits right away.
Non-tax-qualified (NTQ) policies have one more trigger for care – ambulating, which tends to make them attractive-seeming to most laymen. However, they usually require three triggers to be pulled (ADLs requiring assistance), as opposed to a limit of two for tax-qualified. This is kind of like showing pictures of something that looks like a Rolls-Royce, but the the interior is vinyl, the body is made out of plastic, and the engine came out of an old Yugo.
Indeed, almost all of the games you will hear about being played are with NTQ policies. The issue is this: In order to become Tax-qualified, the policies have to toe the line of legal requirements. So the NTQ folks, who don’t meet the guidelines anyway, offer all kinds of bells and whistles that don’t really mean anything to make their policies appear more attractive to those who don’t know any better.
You see, NTQ policies are NOT generally deductible on schedule A of your income tax as a medically related expense. Furthermore, if and when they pay you any benefits, those benefits are taxable income. Remember I told you in the previous column that median billing was about $200 per day? So if you’re in there the whole year, that’s about $73,000 of taxable income, on which someone in the 28 percent federal bracket pays $20,440 on federal taxes, never mind state taxes.
Tax Qualified, or TQ, policy premiums are deductible as medical expenses, and the benefits they pay out are not taxed.
Now, for those readers who like myself, may have some knowledge of the nature of the tax code, let me take a minute for an aside. I am well aware that, in general, the IRS only allows, at most, one end of a transaction to get away from taxes. So this kind of got my attention, and before I sold any policies I verified it extensively. I confirmed a few days ago that it is still that way. To further ease your mind, remember that these are health insurance policies. The premiums I pay to my HMO are deductible, and the dollar value of the care I receive is not taxed. Tax Qualified policies of Long Term Care Insurance are treated the same way.
What this means is that it is very hard for me to imagine a scenario where an NTQ policy is better than a Tax-Qualified one. Indeed, I’ve never sold any policies that weren’t. It is for this reason that the state of California requires all Long Term Care Policies to state whether or not they are designed to meet the requirements to be tax qualified. Ask the agent looking to sell you one of these straight out whether it’s a tax qualified policy. Any answer other than a one word straight “yes” or “no” is grounds for terminating the talk. Walk out of their office or throw them out of your home, and go find an agent who knows what they’re doing and is willing to give you straight answers. And if the answer is “no”, ask them to tell you about a policy that is tax qualified. You see, one of the ways NTQ policies get sold is by paying higher commissions. They are harder to sell, because they aren’t as good for most people, so the companies give the agents a reason why they want to sell them. More $$$. It’s your call, but I wouldn’t do business with anyone who tried to sell me an NTQ policy, and yes, that means jettisoning them and finding someone else for your future needs, even if you’ve been doing business with them for decades. They’ve just demonstrated that they don’t have your best interests at heart.
I also want to make the point that agent’s commission should not, in general, be one of your criteria for choosing a policy. That’s a good way to end up with a policy that’s too small to do you significant good, as smaller policies pay less in commission also. Shop by the cost and benefits to YOU. A good agent will show you how they arrived at the figure of the coverage they are recommending, and if you shop around, the good agents will all come up with similar figures and the same way of calculating it.
Back to the main subject: we can regard it as settled that, in general, you want a tax qualified policy. Let me tell you about a subtype of tax qualified policy that people who are lucky enough to live in California, Connecticut, Indiana, and New York are able to buy: Partnership.
All Partnership policies are tax qualified. But in addition to their ordinary benefits and their tax qualified nature, Partnership policies have an extra feature: Medicaid asset protection. If you’ll remember, when I was talking about Medicaid (Medi-Cal here in California), I explained that before they will give you benefits, you are required to spend your assets on your care (or give them a lien in the case of your house) down to where you are basically poverty stricken. And indeed, if the benefits you have purchased under any other long term care policy have run out, that is precisely what you still have to do. Indeed, many people give their assets away during their policy benefit periods, so that when the policy runs out, they no longer own or legally control the assets and are eligible for benefits without a spend down. Since California’s thirty month lookback was the shortest in the nation last I checked (many states are at five years), this means you need to buy a policy where the benefits are going to last longer than that.
But once a Partnership policy’s benefits are exhausted, it protects from Medicaid recovery not only the same assets everyone else gets to protect, but additional assets as well, on a dollar for dollar basis. For every dollar the policy paid out before you applied for medicaid, you get to keep an additional dollar in assets, in addition to whatever everyone else gets to keep. Say you had a two year policy at $200 per day. That’s $146,000 you still have and that you get to keep. The Partnership instructor I had told us in class that she calls her policy her Visitors Insurance. Because she’s still going to have money, her family and heirs are going to want to keep visiting her so that they don’t get written out of the estate. Horrible thought, but this wonderfully funny lady is in her sixties and has been working with nursing home issues her whole life. She has seen too much of what really happens in these instances to be ignored. Visitors also means better care. Not to mention the fact that she will have had a policy in the first place, which means that if the facility she ends up in takes Medi-Cal patients at all, they have to keep her, and that means if there’s no Medi-Cal bed, she stays in the non-indigents ward until there is, so she’s not going to end up in Barstow, where it’s tough for friends and family to visit, and she will have hundreds of thousands of dollars to make her life more tolerable when she is moved to the Medicaid ward.
For this reason, the thing that makes sense with Partnership policies is to buy enough to protect your liquid assets (The New York program uses a different, in my mind far more onerous and less cost effective, plan where you have to buy a minimum of three years of policy benefits). In other words, the dollar value of whatever investments you may have. Since I’m in a Partnership state, this makes it easy to calculate how much of a policy would accomplish that. In non-partnership states, there’s more guesswork involved, and a large amount of sheer guts on behalf of the client.
Let me state emphatically that by inducing people who can afford them to actually buy Long Term Care Policies, Partnership policies save the states who have them a large amount of money – billions of dollars – as those people who would have needed state based aid now have insurance policies to cover their needs. The folks at the California, as well as New York, Connecticut, and Indiana Partnerships for Long Term Care, have saved their states blortloads of money by having this program in place. Luckily for all concerned, this includes two of the three most populous states.
(Supporting articles here and here and here)
However, back in 1993, OBRA (Section 1917 Paragraph 3, about halfway down the page, is the reference) was passed, which at the explicit insistence of Congressman Henry Waxman, who was then chair of the Commerce Committee’s Subcommittee on Health and the Environment, removed from all future states the ability to waive or modify the asset recovery requirement of medicaid. (I understand that Iowa and Massachusetts also have plan documents dated early enough, but have not actually implemented a Partnership program, and the Massachusetts document is even more onerous than the New York one, but better something than nothing). I understand Congressman Waxman’s concern for the budget, yet nonetheless by their propaganda you would expect Democrats to be in favor of something that benefits the middle class like this – particularly the lower middle class blue collar worker, and actually ends up saving the taxpayers money, to boot. Of course, Congresscritter Waxman is from California, which already had a program in place, and he grand-standed against “Money for the poor being used to pay for care of millionaires”. He represents a heavily blue collar district in Los Angeles, so you’d have thought he’d have done more research as to who it actually benefits. So due to this gutting of the primary benefit of having a Partnership policy, there will be no more of these wonderful programs until the law is changed back to what it was prior to 1993. In my opinion, whichever politician gets such a law through Congress should be a national hero. It gives people real incentive to buy a policy if they can afford it, secure in the knowledge that even if it doesn’t cover everything they need, they won’t be destitute after it runs out, while saving the Medicaid program tens to hundreds of thousands of dollars per patient.
So there really is such a thing as an insurance policy that keeps paying you even after the benefits are exhausted. Partnership policies are no more expensive that any other policy, and they provide asset protection, as well as additional benefits. If you are in a state that has a Partnership for Long Term Care, I would not consider any policy that was not a Partnership policy. Here in California, every policy sold must state whether it is or is not a Partnership policy. If it makes sense for you to buy a Policy for Long Term Care Insurance (a subject I will tackle in the next article), and you are in a state that has such a program, make certain that the policy you buy is one of those policies available through your state’s Partnership for Long Term Care.
Links to the four states with Active Partnership Programs:
California
New York
Connecticut
Indiana
(Continued in Part III here.)
Caveat Emptor
Rejected Offers to Purchase Real Estate
“overpriced house offer rejected what next”
(Before I get started, I want to make it clear that I am using the same definition of worth found in this article: A property is worth what a willing buyer and a willing seller agree on and consummate.)
The seller obviously didn’t feel that it was overpriced. Given that they were unwilling to sell for that, consider the possibility that you didn’t offer enough.
It’s human nature to always want to blame the other side. Given the state of real estate prices here in San Diego, I have considerable sympathy for buyers these days. On the other hand, if you look at the sales log, sales are still being made. This means willing buyers and willing sellers are coming to an agreement that both feel leaves them better off, and they are doing it at market prices.
The fact is, there are always at least two possibilities when an offer is rejected, and the truth may be a mixture of the two.
First, that the seller is being unreasonable. This happens a lot. Somebody thinks their property is worth more than it’s worth. When people can buy better properties for less, they’re not going to be interested in yours. In this situation, you’re not likely to get any good offers. You’ll get people doing desperation checks – coming in with lowball offers to see how desperate you really are. A very large proportion of these are people in my profession looking for a quick flip and the profit that comes with it, or other investors. Anybody looking at properties priced where this one should be priced is likely not even going to come look.
Second possibility, the buyer is the one being unreasonable. Properties like that one really are selling for the asking price, and you offered tens of thousands less. Some buyers do this because it’s all they can afford. Some buyers do this because they want to get a “score”. And some are just the standard “looking to flip for a profit” that I talked about in the previous paragraph. There is a point at which I tell all but the most desperate sellers that they’re better off rejecting the offer completely than counter-offering. It saves time and effort, and the prospective buyer either comes back with a better offer, or they go away completely. Someone offering $250,000 for a $350,000 property is not likely to be the person you want to sell to. Even if you talk them up into a reasonable offer by lengthy negotiations, they’re far more likely than not to try all sorts of games to get it back down as soon as you’re in escrow. Better to serve notice right away that you won’t play.
Now some bozo agents think that starting from an extreme position, whether high list price or lowball offer to purchase, gives them more leverage, or that somehow you’re eventually likely to end up in the middle. This is bullsh*t. A transaction requires a willing buyer and a willing seller. Price the property to market if you want it to sell. Offer a market price if you want the property.
The Quickflippers™ have had a distorting effect on this, and disconcertingly many of the properties being offered for sale are owned by people who bought with the intention of the quick flip for profit, rather than buy and hold. Many of those looking to buy still fall into this same category, and I suspect this is much the same in other formerly hot housing markets as well. They’ve become addicted accustomed to the market of the last few years, when a monkey could make a profit on a property six months after they paid too much money to purchase it. That is not the market we face today. This market favors the buy and hold investor. Actually, if you remember the spreadsheet I programmed a while back, I’ve pretty much confirmed that the market always favors the buy and hold investor, it’s just been masked by the feeding frenzy of the past few years, where John and Jane Hubris could come off looking like geniuses when it was just a quickly rising market and the effects of leverage making them look good. It’s just that the support for the illusions of Mr. and Mrs. Hubris has now been removed.
Now, what to do when your offer has been rejected. There are two possibilities. The first is to walk away. If the home really is overpriced, and there are better properties to be had for less money, you made a reasonable offer and were rejected, you’re better off walking away. I don’t want to pay more for a property than it’s comparable properties are selling for, and I certainly don’t want my clients to do so either. The sort of people who go around making desperation check offers walk away without a second thought with considerably less justification.
The second is to consider that the property might really be worth more than you offered. Okay, a 3 bedroom 1 bath home did sell for that price in that neighborhood, but when you check out the details, that was a 900 square foot home on a 5000 square foot lot and the one you made an offer on is a 1600 square foot home on a 9000 square foot lot, and in better condition with more amenities. It’s a more valuable property, and you can refuse to see that from now until the end of the world and you’re only fooling yourself. The reason you thought the property was attractive enough to make an offer was that it had something the others you looked at didn’t, and most of these attractors add a certain amount of value to the property. The more value there is, the more folks are willing to pay for it. This is why one of the classical tricks of unethical agents is to show you a property that’s out of your price range, then figure out a way to get a loan where you qualify for the payment. This property is priced higher because it has features that add more value and a reasonable person would therefore conclude that other reasonable persons would be willing to pay more for that property than others. Landscaping, location, condition, more room, amenities. There’s something that the seller thinks reasonable people would be willing to pay more for. It’s kind of like taking someone who can afford a $10,000 car and showing them a $25,000 one, then telling them they can get interest only or negative amortization payments to get them into it. You only thought you could afford the $400,000 home, but they’ve got a way that you can get into the $600,000 home, which obviously is going to have many things that the $400,000 home lacks. Consumer lust does the rest. Cha-ching! Easy sale, and the fact that they’ve hosed the client doesn’t come out until long after those clients made a video for the agent on move-in day when they’re so happy they’ve got this beautiful house that they didn’t think they could afford (and really can’t), and they gush gush gush about Mr. Unscrupulous Agent, who then uses this video to hook more unsuspecting clients – never mind that the original victims in the scam lost the house, declared bankruptcy, and got a divorce because of the position Mr. Unscrupulous Agent put them into. You want to impress me with an agent, don’t show me happy clients on move-in day. Emotional high of being brand-new homeowners aside, any monkey of a loan officer can get anybody with quasi-reasonable credit into the property. What happens when they have to make the payments? More importantly, what happens when they have to make the real payments? Given the current environment, the question, as I keep saying here, is not “can I get this loan through?” but “Is it in the best interests of the client to put this loan through?” You want to impress me with an agent, show me a happy customer five years out “My agent found this property that fit within my budget, told me all about the potential problems he saw, got the inspections and loan done, and it’s been five years now with no surprises, and the only problem I’ve had was one he told me about before I even made the offer.”
Of course, the real value of the property may be beyond your range or reach. If your agent showed you something you could not reasonably acquire within your budget, you should fire them. I accept clients with a known budget, I’m saying I can find something they want within that range. If it becomes evident I was wrong (eyes bigger than wallet syndrome) the proper thing to do is inform the client that their budget will not stretch to the kind of property they want, and suggest some solutions, starting with “look at less expensive properties” and moving from there to “find a way to increase the budget” and finally to “creative financing options.” That’s a real agent, not “Start with creative financing options but somehow ‘neglect’ to mention the issues down the road.”
There is no universal always works strategy for rejected purchase offers. It’s okay to do desperation checks, but be aware that most sellers aren’t desperate and that it’s likely to poison the environment if the seller isn’t that desperate. Poisoning the environment is okay if you’re a “check for desperation and then move on” Quickflipper™, but if you’re looking for a property you want and have found something attractive, it’s likely to be counterproductive so that you may end up paying thousands more that you maybe could have gotten the property for if you’d just offered something marginally reasonable in the first place. Make a reasonable offer in the first place, and you’re likely to at least get a dialog. And if the seller rejected what really was a reasonable offer for an overpriced property, the only one to lose is them. Move on. Their loss is someone else’s gain.
Caveat Emptor (and Vendor)
Recurring and Nonrecurring Closing Costs
Many people are uncertain as to what closing costs are.
Basically, they relate to the costs of doing the transaction. There are people who work on getting your loan through the process of approval and funding, and those people have got to be paid. Anytime you’re talking about a fee for a service that needs to be performed in order to get a loan done, that’s a closing cost. This includes even origination, which is normally quoted in points, as the fee that the loan provider takes for getting the loan done. Not all loans have origination fees, but I’d say that in excess of 95 percent of all sub-prime loans and at least two thirds of all A paper loans nationally do.
Every loan has closing costs. They are a fact of life. You can choose to accept a higher rate on your loan such that the lender will agree to pay your closing costs, but that is not the same thing as not having them. Indeed, you should be very wary of someone quoting you significantly lower closing costs that anyone else.
When you are talking about closing costs, the vast majority of all loan providers will pretend that so-called “third party” fees such as title, escrow, attorney fees in the states that use attorneys, appraisal, and notary fees do not exist. They will mark them “PFC” on the Good Faith Estimate or MLDS and then act all surprised when you complain about these extra fees that weren’t on your beginning paperwork. I regularly have people tell me before they sign up for a loan that my fees seem high, compared to what everyone else is telling them. The difference, of course, is that I’m telling them about all the third party fees and the other folks they are talking to are doing their best to pretend those fees don’t exist. They not only exist, but you’re going to pay them as a part of any loan. Who would you rather do business with, someone who pretends it’s going to cost you half as much as it will, or someone who tells you the real cost right at the start?
Now the critical difference between recurring and nonrecurring closing costs in that nonrecurring happen once, to do your loan, and then they are done. Recurring closing costs are those things that happen every month, like interest, property taxes, insurance, and the impounds for doing them, if applicable. Mellow-Roos and homeowners association dues also fall within the definition of recurring, but those items I just named are about the extent of the recurring closing costs. Pretty much everything else is nonrecurring. For example, you only need one appraisal, one notary fee, one escrow, and one title insurance policy per loan.
One thing that is often counted as a closing cost that should not be are discount points, which instead of being a charge for a service are a charge by the bank to give you a better rate than you would otherwise get. There is always a trade-off between low rate and low cost. The lender will give you a lower rate if you pay for it, but they won’t give it to you free.
Many times, folks buying a home get an allowance from the seller for closing costs, and the wording for this on the purchase contract can be critical. Nonrecurring closing costs are far more limited than recurring, and just the impound account can add thousands of dollars to what you, as the seller, end up paying if you agree to recurring closing costs. It’s up to you how bad you want to sell the property, but a buyer who needs you to pay recurring closing costs is likely not a very qualified buyer, and their loan is pretty likely to experience snags. I counsel my sellers to insist on substantial deposits and sharply limited escrow periods in such cases, and if the buyer is allowed discount points as part of what you’re willing to pay, count on the fact that they are going to use the entire allowance you give them. If the buyer has a choice of allowing you to keep some of that money or buying themselves a lower rate, which also means lower payments, what do you think they’re going to do?
Caveat Emptor (and Vendor)
Real Estate Loans: What If One Spouse Has a Bad Credit Score?
There are several possible options to deal with this issue, depending upon the exact situation.
For A paper, both spouses must qualify, credit score-wise. The way around this is a quitclaim to the spouse who has a good credit score as sole and separate property. The catch is that then the good credit score spouse has to qualify for the loan on their own. If the other spouse is the one that makes all the money, if the good score spouse is in a profession where the needed income isn’t believable for stated income, or a whole list of other possible reasons, you may have to go sub-prime.
For sub-prime, the spouse who makes more money is the one that will be used as the determination, so as long as the second spouse is in the same vague general ballpark, scorewise, you can still use both incomes to qualify. If one spouse makes slightly more money but the other spouse has a much higher credit score, it can be to your advantage to do it stated income with the spouse who has the better score primary. You can’t do this if one spouse is a doctor and the other works fast food, but you can if they’re both in the same industry, or in industries where the incomes are roughly comparable, so long as the job titles and employment history don’t render the claim unbelievable. The classic example of this working is both spouses in sales, paid on commission. In some instances, a quitclaim can still be the way to go.
If you do a quitclaim, the property doesn’t have to stay quitclaimed. As soon as the loan funds, you can quitclaim it back to husband and wife as joint tenants with rights of survivorship, or whatever you want. Quite a few spouses are understandably reluctant to give up all ownership interest, but it’s a temporary measure; it doesn’t have to stay that way. As soon as the loan funds, you get the spouse who qualified for the loan to quitclaim it back to husband and wife, or the trust, or however they want the vesting to be. The better escrow officers I work with will usually have the quitclaim back made up and sent out for signatures without even being asked (I found this out one time when my clients didn’t want it quitclaimed back, and called me when they got the form in the mail. I just told them to shred it, and called the escrow office to tell them not to bother).
Caveat Emptor
Real Estate Boycotts
<blockquote>
I simply love “Fear And Greed: How did the real estate bubble get so big”
I’m not sure if you are aware that there is a grass-roots group that is starting a “boycott on housing.” They feel that the prices in the San Francisco Bay Area are unreasonable.
It’s kind of interesting.
The website is at: http://www.boycotthousing.com/home.aspx
What do you think about websites like this? Do you think that something like this is “catch on?” I submitted my vote (I’m currently boycotting myself until my six figure down payments actually matters in this wacky market). But I was just wondering what your thoughts would be on this issue.
</blockquote>
Can boycotters make a difference in the “real estate” game?
I’m outraged at the high cost of food. Do you think me boycotting buying food will have an effect?
Well, if enough of us did, it would have a marginal effect for a while. But people have to have food to live, and creating all of your own food yourself is just not an option for most folks. This leaves your choices as supermarket or starve. Given those choices, I’ll take the supermarket (much as a couple weeks without food might benefit my waistline)
The same goes with housing. I went and poked around that site, and just couldn’t find any evidence of knowledge of the laws of economics. The only effect that boycotters will have is to marginally reduce demand, thereby slightly reducing prices for those who are buying, for which my clients surely thank you. If you couldn’t afford to buy anyway, it makes zero difference. If it makes sense for you to buy but you choose not to, then you are hurting no one except yourself. If you want to do something real about the high cost of housing, you’d do better to read my article on The Economics of Housing Development and act accordingly.
There are circumstances where I straightforwardly recommend against buying. Right now (originally published 2005), given the state of the market, those are a lot of circumstances. I could have made a lot more money than I have these last eighteen months had I been a shark. But the recommendation to buy or not to buy is always based upon individual circumstances balanced against the state of the market.
The clients I’m pursuing right now are those who are looking for a place they can be happy in for the next ten years. Speculators, Flippers, and other players of real estate roulette have mostly gotten the message and dropped out of the market anyway. Given past performance and the approximate size of the bubble (roughly 30 percent at peak in San Diego, in my estimation, which has since deflated by about 10 percent), the speculators who are left are like participants in a game of musical chairs who don’t yet realize that the music has stopped. On the other hand, those who need a place to live and can afford it will do very well once prices recover in a few years. I know this from personal experience; I was one of those folks who bought near the peak of the last cycle. Furthermore, with the desperation of many sellers, the bargaining is highly favorable to my buyer clients right now.
There are also significant and increasing opportunities in distressed properties, providing you’ve got some cash and are willing to buy and hold for a while, or do some significant work. Distressed properties are not a game for the weak of wallet, because you’ve got to have a certain amount of cash to play the game decently. Given the state of the market, it’s very possible to lose significant money even there, mostly if you’re a do-nothing flipper. If you’re a buy-and-holder or a fixer upper, there are still places for you to do very well in this market segment.
The third group of clients I’m seeking out is those who were taken advantage of by their agents and/or loan officers, to see if I can fix the situation with a new loan. These are folks who were sold on unstable or unsustainable loans in order to get into the property. I’m not an altruist by any means, I’m getting paid for my work, but that doesn’t alter the fact that the client wins also, by being put into a better situation if it can be done. If it can’t, I am set up to handle a distress sale to get them out of the situation before it gets worse. I’m not a magician who can make it never happen (and nobody else is, either!), but I can stop the green bleeding. Once the bleeding is stopped, then you can talk about getting some money back for having been the target of a Dastardly Deed™, but those sorts of solutions take years. If you try to get your pound of flesh first, you’ll bleed to death long before you might possibly get it, with all kinds of unpleasant consequences.
To summarize, housing is a necessary good, one third of the basic “food, clothing, shelter” that everyone is familiar with. This creates a “need” as opposed to a “want”. Mind you, most folks have wants bigger than their needs (and eyes bigger than their pocketbooks), but some market segment boycotting housing will hurt only themselves as rents get higher so that the landlords can feed the loan alligator. High demand is not going away. If you really want to make housing more affordable, start doing something about the low supply of new housing. Artificial scarcity benefits only those who are already owners, and that includes the flippers and speculators who are probably the largest part of the reason for the current bubble.
Caveat Emptor
Property Taxes and Whether They Were Paid Through Escrow
my prorated property taxes came were paid at closing but now I’m getting a delinquent tax bill
You mean they were supposed to be paid at closing.
There are two major possibilities:
1) They were not, in fact, paid
2) They were paid, but were miscredited, or they were properly credited, but your county goofed anyway.
Look at your HUD 1 form. Lines 106 and 107 are for buyers reimbursing sellers for taxes. Lines 210 and 211 are for tax liabilities incurred but not yet paid. Line 1004 is taxes and assessment reserves, and I’ve also seen extra lines in section 900 used. If it is listed as paid, contact your escrow company to determine if it was paid in truth. Sometimes the escrow company messes up. If the escrow company tells you that taxes were paid, double check with the county. Sometimes the payment was misapplied to the wrong parcel, sometimes it was correctly credited, but due to the fact that government bureaucrats get paid the same whether the job is correctly done or not, they just aren’t up to date. Sometimes time will repair the problem, but it’s not something to count on. Get a statement from the escrow officer that it was paid, receipt number this or in conjunction with escrow number so and so, thus and such date, in the amount of $X. In some cases, you may have to get a copy of the canceled check to prove that it was paid to the county’s satisfaction.
Do not allow this problem to sit. It will only get worse, and you could find yourself facing tax liens, tax foreclosure, or a situation where the lender then pays the taxes to protect their interest, and follows up by presenting a bill to you. They’ll charge you interest for any amount they pay in defense of your interests and theirs, plus a fee for the trouble they were put to. I’ve never had it happen to me or a client, so I don’t know how high the interest is, but it’s not cheap.
Property tax liens take first priority over basically everything. It takes a while – potentially years in California – before they can condemn the property for unpaid property taxes, but once they do start the process, all of the protections you have against lender foreclosure are much weaker against property tax foreclosures, if they exist at all. Lenders are therefore understandably nervous about delinquent property taxes, and they typically want to take action pretty quickly. Don’t let it get to that stage. If you have to, you’re better off paying them a second time and applying for a refund than letting it get to the point where the lender feels obliged to step in to protect their interests.
Caveat Emptor
President Bush and Emmanuel Goldstein
(This is a historical post, and applies to every Republican president since Nixon at least to my personal knowledge. Time has taken some of the bloom of President Bush, mostly due to political constraints placed by others)
The Anchoress has a much needed perspective on President Bush. I am neither religious nor conservative, and yet I agree with the thrust of what she is saying wholeheartedly. He is as he always has been. Perhaps in twenty years we (as a society) will appreciate him the way we do Ronald Reagan now. It seems a rule of politics that conservatives are never accorded their due until they are safely beyond office.
This man has more strength of character than anyone who’s occupied the White House since Truman, at least. It does not bother me that the source for this strength is Christianity, any more than it bothers me that it was the source of Lincoln’s strength, or Dr. Martin Luther King’s. Yes, christianity has done a great deal of harm to the world, and many christians in this country do not understand the first amendment any better than the average atheist. Yet for every horrible action undertaken in the name of Christianity, there are ten just as good as the one was bad, and this ratio is improving.
Compare and contrast this man’s gentlemanly treatment of the press and his opposition, while they take every opportunity they can make or create to tar and feather him, a la the Two Minute Hate
(Hidden as most folks should be familiar with 1984)
(show)
The next moment a hideous, grinding speech, as of some monstrous machine running without oil, burst from the big telescreen at the end of the room. It was a noise that set one’s teeth on edge and bristled the hair at the back of one’s neck. The Hate had started.
As usual, the face of Emmanuel Goldstein, the Enemy of the People, had flashed on to the screen. There were hisses here and there among the audience. The little sandy-haired woman gave a squeak of mingled fear and disgust. Goldstein was the renegade and backslider who once, long ago (how long ago, nobody quite remembered), had been one of the leading figures of the Party, almost on a level with Big Brother himself, and then had engaged in counter-revolutionary activities, had been condemned to death, and had mysteriously escaped and disappeared. The programmes of the Two Minutes Hate varied from day to day, but there was none in which Goldstein was not the principal figure. He was the primal traitor, the earliest defiler of the Party’s purity. All subsequent crimes against the Party, all treacheries, acts of sabotage, heresies, deviations, sprang directly out of his teaching. Somewhere or other he was still alive and hatching his conspiracies: perhaps somewhere beyond the sea, under the protection of his foreign paymasters, perhaps even — so it was occasionally rumoured — in some hiding-place in Oceania itself.
Winston’s diaphragm was constricted. He could never see the face of Goldstein without a painful mixture of emotions. It was a lean Jewish face, with a great fuzzy aureole of white hair and a small goatee beard — a clever face, and yet somehow inherently despicable, with a kind of senile silliness in the long thin nose, near the end of which a pair of spectacles was perched. It resembled the face of a sheep, and the voice, too, had a sheep-like quality. Goldstein was delivering his usual venomous attack upon the doctrines of the Party — an attack so exaggerated and perverse that a child should have been able to see through it, and yet just plausible enough to fill one with an alarmed feeling that other people, less level-headed than oneself, might be taken in by it. He was abusing Big Brother, he was denouncing the dictatorship of the Party, he was demanding the immediate conclusion of peace with Eurasia, he was advocating freedom of speech, freedom of the Press, freedom of assembly, freedom of thought, he was crying hysterically that the revolution had been betrayed — and all this in rapid polysyllabic speech which was a sort of parody of the habitual style of the orators of the Party, and even contained Newspeak words: more Newspeak words, indeed, than any Party member would normally use in real life. And all the while, lest one should be in any doubt as to the reality which Goldstein’s specious claptrap covered, behind his head on the telescreen there marched the endless columns of the Eurasian army — row after row of solid-looking men with expressionless Asiatic faces, who swam up to the surface of the screen and vanished, to be replaced by others exactly similar. The dull rhythmic tramp of the soldiers’ boots formed the background to Goldstein’s bleating voice.
Before the Hate had proceeded for thirty seconds, uncontrollable exclamations of rage were breaking out from half the people in the room. The self-satisfied sheep-like face on the screen, and the terrifying power of the Eurasian army behind it, were too much to be borne: besides, the sight or even the thought of Goldstein produced fear and anger automatically. He was an object of hatred more constant than either Eurasia or Eastasia, since when Oceania was at war with one of these Powers it was generally at peace with the other. But what was strange was that although Goldstein was hated and despised by everybody, although every day and a thousand times a day, on platforms, on the telescreen, in newspapers, in books, his theories were refuted, smashed, ridiculed, held up to the general gaze for the pitiful rubbish that they were in spite of all this, his influence never seemed to grow less. Always there were fresh dupes waiting to be seduced by him. A day never passed when spies and saboteurs acting under his directions were not unmasked by the Thought Police. He was the commander of a vast shadowy army, an underground network of conspirators dedicated to the overthrow of the State. The Brotherhood, its name was supposed to be. There were also whispered stories of a terrible book, a compendium of all the heresies, of which Goldstein was the author and which circulated clandestinely here and there. It was a book without a title. People referred to it, if at all, simply as the book. But one knew of such things only through vague rumours. Neither the Brotherhood nor the book was a subject that any ordinary Party member would mention if there was a way of avoiding it.
In its second minute the Hate rose to a frenzy. People were leaping up and down in their places and shouting at the tops of their voices in an effort to drown the maddening bleating voice that came from the screen. The little sandy-haired woman had turned bright pink, and her mouth was opening and shutting like that of a landed fish. Even O’Brien’s heavy face was flushed. He was sitting very straight in his chair, his powerful chest swelling and quivering as though he were standing up to the assault of a wave. The dark-haired girl behind Winston had begun crying out ‘Swine! Swine! Swine!’ and suddenly she picked up a heavy Newspeak dictionary and flung it at the screen. It struck Goldstein’s nose and bounced off; the voice continued inexorably. In a lucid moment Winston found that he was shouting with the others and kicking his heel violently against the rung of his chair. The horrible thing about the Two Minutes Hate was not that one was obliged to act a part, but, on the contrary, that it was impossible to avoid joining in. Within thirty seconds any pretence was always unnecessary. A hideous ecstasy of fear and vindictiveness, a desire to kill, to torture, to smash faces in with a sledge-hammer, seemed to flow through the whole group of people like an electric current, turning one even against one’s will into a grimacing, screaming lunatic. And yet the rage that one felt was an abstract, undirected emotion which could be switched from one object to another like the flame of a blowlamp. Thus, at one moment Winston’s hatred was not turned against Goldstein at all, but, on the contrary, against Big Brother, the Party, and the Thought Police; and at such moments his heart went out to the lonely, derided heretic on the screen, sole guardian of truth and sanity in a world of lies. And yet the very next instant he was at one with the people about him, and all that was said of Goldstein seemed to him to be true. At those moments his secret loathing of Big Brother changed into adoration, and Big Brother seemed to tower up, an invincible, fearless protector, standing like a rock against the hordes of Asia, and Goldstein, in spite of his isolation, his helplessness, and the doubt that hung about his very existence, seemed like some sinister enchanter, capable by the mere power of his voice of wrecking the structure of civilization.
It was even possible, at moments, to switch one’s hatred this way or that by a voluntary act. Suddenly, by the sort of violent effort with which one wrenches one’s head away from the pillow in a nightmare, Winston succeeded in transferring his hatred from the face on the screen to the dark-haired girl behind him. Vivid, beautiful hallucinations flashed through his mind. He would flog her to death with a rubber truncheon. He would tie her naked to a stake and shoot her full of arrows like Saint Sebastian. He would ravish her and cut her throat at the moment of climax. Better than before, moreover, he realized why it was that he hated her. He hated her because she was young and pretty and sexless, because he wanted to go to bed with her and would never do so, because round her sweet supple waist, which seemed to ask you to encircle it with your arm, there was only the odious scarlet sash, aggressive symbol of chastity.
The Hate rose to its climax. The voice of Goldstein had become an actual sheep’s bleat, and for an instant the face changed into that of a sheep. Then the sheep-face melted into the figure of a Eurasian soldier who seemed to be advancing, huge and terrible, his sub-machine gun roaring, and seeming to spring out of the surface of the screen, so that some of the people in the front row actually flinched backwards in their seats. But in the same moment, drawing a deep sigh of relief from everybody, the hostile figure melted into the face of Big Brother, black-haired, black-moustachio’d, full of power and mysterious calm, and so vast that it almost filled up the screen. Nobody heard what Big Brother was saying. It was merely a few words of encouragement, the sort of words that are uttered in the din of battle, not distinguishable individually but restoring confidence by the fact of being spoken. Then the face of Big Brother faded away again, and instead the three slogans of the Party stood out in bold capitals:
WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH
But the face of Big Brother seemed to persist for several seconds on the screen, as though the impact that it had made on everyone’s eyeballs was too vivid to wear off immediately. The little sandyhaired woman had flung herself forward over the back of the chair in front of her. With a tremulous murmur that sounded like ‘My Saviour!’ she extended her arms towards the screen. Then she buried her face in her hands. It was apparent that she was uttering a prayer.
At this moment the entire group of people broke into a deep, slow, rhythmical chant of ‘B-B! …B-B!’ — over and over again, very slowly, with a long pause between the first ‘B’ and the second-a heavy, murmurous sound, somehow curiously savage, in the background of which one seemed to hear the stamp of naked feet and the throbbing of tom-toms. For perhaps as much as thirty seconds they kept it up. It was a refrain that was often heard in moments of overwhelming emotion. Partly it was a sort of hymn to the wisdom and majesty of Big Brother, but still more it was an act of self-hypnosis, a deliberate drowning of consciousness by means of rhythmic noise. Winston’s entrails seemed to grow cold. In the Two Minutes Hate he could not help sharing in the general delirium, but this sub-human chanting of ‘B-B! …B-B!’ always filled him with horror. Of course he chanted with the rest: it was impossible to do otherwise. To dissemble your feelings, to control your face, to do what everyone else was doing, was an instinctive reaction. But there was a space of a couple of seconds during which the expression of his eyes might conceivably have betrayed him. And it was exactly at this moment that the significant thing happened — if, indeed, it did happen.
(hide)
Substitute left wing professors for the Thought Police, and the Legacy Media for the Ministry of Truth, and President Bush maps amazingly well into Emmanuel Goldstein.
One suggestion: Challenge anyone indulging in the ritual of the Two Minute Hate to come up with one good thing about President Bush. I’m as nasty a Clinton detractor as you can be, but I am rational enough to give him credit where credit is due, however few places those may be (Welfare Reform was largely due to him, to name one. Two: The Health Care Initiative, while severely flawed, was an intelligent and worthwhile thing to attempt. Three: However many people lost their lives in Kosovo, Croatia, Bosnia, and Rwanda while he figured out that voters actually cared, he did eventually act. Four: He kept sanctions in place against Iraq. Can you imagine our current situation if he hadn’t?)
I’m sure this rule has been articulated somewhere before, but if you can’t say something good about a person, chances are you haven’t really looked at their life (Hitler gave a lot of strength to the environmental movement in Europe, and a lot of their wilderness areas date back to the Nazi era). Those who cannot come up with something good to say about a person, no matter how justified their antipathy, are not demonstrating anything characteristic of rational judgement. (I suspect that the reverse is also true)
Five and a half years into his presidency, President Bush has a list of accomplishments in the face of adversity that the vast majority of his predecessors would envy and all of them (except perhaps Mr. Carter, and we all know how much good he did our country as President, but he has done a lot of good through Habitat for Humanity) would respect. Creating a moral compromise on fetal tissue. Rescuing our morale from 9/11. Ably prosecuting the War On Terror. Standing firm in the face of domestic opposition bigger than anything since 1864. Negotiating a real alternative to Kyoto that maybe someone intends to, you know, actually adhere to. Stimulating our domestic economy with two tax cuts. I don’t care for his spending and government growth, and I was hoping for more from him on immigration, but considering the policies Gore and Kerry have espoused, infinitely preferable. He has reached out across the aisle to his opposition more times than any other president in my memory, and had his shoes metaphorically spat upon more often than not, and still he keeps trying.
Indeed, barring some future failing of enormous magnitude, upon leaving office he will be able to hold his head high at being compared to any of his predecessors, saying something analogous to Theoden’s final words in The Return of the King:
“I go to my fathers, in whose mighty company I shall not now feel ashamed”
For all the failures anyone has even accused him of, I cannot help but think how much worse the hands our presidency could have been in, how much worse it almost was.
And of course, the Inner Party has gotten at least as much mileage out of the real world Two Minute Hate as the fictional one did out of theirs.
Long Term Care Issues
One of the two most undersold financial products is long term care insurance. Yet it is a critical need, ranking just below disability insurance in the estimation of most financial planning agencies.
Long Term Care is already a large part of our nation’s health care costs. In 2002, the last year I actively worked as a financial planner, in the state of California, approximately 2 percent of the recipients of Medi-Cal (California’s version of Medicaid) were in long term care of one sort or another. Those 2 percent used approximately 47 percent of the budget. A little over fifty percent of the population is expected to need long term care of a year or longer, and this percentage has been rising and is expected to rise further. With medical science able to stabilize people to live longer lives, the probability of people living years after they reach that level of frailty rises.
The reason they use so much money is simple. Once you’re in them, you tend to be in them for a long time. You may be in the hospital overnight, or for a week, and it costs a thousand dollars or two per day. Long term care may only cost $150 to $200 per day, but it costs that much every day for months, if not years or the rest of your life. So one seventh to one tenth the money per day, but for a hundred or a thousand times longer.
End of life is not the only time someone uses long term care. Approximately 40 percent of the inhabitants of long term care facilities are under the age of 65. For whatever reason, they have a disability or a condition that requires around the clock watchful care.
California licenses two types of residential long term care facility: Skilled Nursing Facilities (SNF), and Residential Care Facilities (RCF). The SNF has more medical requirements to meet, and is therefore the more expensive of the two, both to operate and to reside in. There are also Senior Daycare Centers (much like child daycare centers) and various in-home options.
Many people think that the federal medicare program covers long term care. It doesn’t. The Federal Medicare program provides only a very small part of long term care. For a one time stay, it will cover the costs of a stay of up to twenty days, and pick up days 21 through 100 with a copay of about $110 per day. This means that for the first three months, you’re out about nearly $9000. After that, you’re on your own, as far as the federal government is concerned. So if you’re talking about hospice care for a terminal patient, Medicare may or may not stretch to cover it, depending upon how close they were to death when the doctors gave up on curative treatment.
Even so-called “medi-gap” policies only cover a tiny amount of long term care. The reason why is because its costly insurance. So for the same reason you don’t find cars on your supermarket shelves across from the bread, you have to go to a special policy to get significant coverage.
The median billing here in California runs about two hundred dollars per day, and it can go much higher for Skilled Nursing Facilities. This works out to $73,000 per year for as long as it lasts. Not a big deal if you’re a multi-millionaire, but if all you’ve managed to save is $150,000, two years and it is gone. So for most folks, self insurance just doesn’t cut it.
Now there is one program that will cover Long Term Care – state-run Medicaid (called Medi-Cal here in California). Unfortunately, in order to get coverage, you’ve got to pay yourself down into practical poverty first. Nor are you allowed to give assets away or put them into trusts. The various states have “lookback” periods ranging from thirty months to five years prior to your application for benefits. Anything given away in that period is subject to asset recovery – in other words, the person you gave it to is going to have to cough it back up, even if it was already spent.
Let me give you an idea of what poverty looks like. Many people make a big deal of the “community spouse” regulations, that permit the keeping of $2000 per month and eighty-some thousand dollars of liquid assets, as well as a life interest for a married couple in one piece of real estate. First concern, let’s say hubby goes in to care while wife stays out. Can wife live on $2000 per month? Maybe, if she doesn’t have any huge medical problems. But if she’s not drawing a pension herself, most of income is likely to be attached for hubby’s care, and it doesn’t take long to draw down $80,000 in assets when that’s all you’ve got to live on. Plus medicare is not the greatest care in the world, so there is always the need to purchase side items. Also, these places are not high margin. They are not making money hand over fist, and they make a truly rotten investment. Many of them go bankrupt, and the ones that survive and provide good care tend to be in lower cost areas. So if you live in Los Angeles, your spouse could well be in a home in Barstow because that’s the only place you could find that had a spare bed. Far away means visitors are rare, and visitors being common is one of the best predictors of how good the treatment will be, and how well they will respond.
Finally, this is just not what happens, statistically speaking. What usually happens is when one spouse gets sick, the healthy spouse takes care of them as well as they can for as long as they can, either with or without assistance. Then the first spouse is gone, and at some later point in time the second spouse becomes ill, and that’s when long term care happens. Less that ten percent of the people in long term care have living spouses, and this includes counting the situations where both spouses are in long term care. (this .pdf document has a decent explanation)
Many attorneys will advertise structured trusts and other weird schemes to get you to qualify for Medicaid care while still retaining your assets. Spend a couple of thousand dollars on a one time basis, the pitch goes, and you’ll be able to shelter your assets from the state. Unfortunately for this, the states narrow the gaps in the regulations every year, because they want to catch cheaters and people doing precisely this. A good general rule is that if you own the asset, if you control it, or if it can be used for your benefit, the state will force it to be spent or attach it in order to provide your care. Medicaid was meant for the poverty stricken, not to provide medical care for the wealthy. So it’s a little change here for $1000, another little change there for $1000, and pretty soon you’ve spent all your money on the attorney. Best way to nip this in the bud is to ask said attorney point blank: “So you’re going to write out a commitment to pay for my care yourself if this doesn’t work, right?” Needless to say, this is not going to happen.
Furthermore, assuming it does work out and you manage to retain assets while the state pays for your care. Well then, I say, “Congratulations! You’ve won WELFARE!”, in my best Monty Hall voice, and you can imagine the curtains coming back on “Let’s Make A Deal” to reveal their gorgeous hostess, smiling from ear to ear while holding the lead on an old sway-backed donkey.
The medicaid package is not a lavish one. Remember I told you that nursing homes average billing is about $200 per day, and that they go bankrupt a lot? Well here in California, the state will pay about $110 per day for medicaid patients in long term care. You should be able to imagine the implications from there. I’ve visited a couple of medicaid wings, and the “Eeewww!” factor is significant. It starts with the smell, which hits even people like me who don’t have much of a sense of smell, and goes downhill from there.
The final option to avoid this is purchase Long Term Care Insurance. There are two major types, with one subtype available for people who are lucky enough to live in one of four states. There is non-tax-qualified, tax qualified, and for those lucky enough to live in California, Conneticut, New York, and Indiana, there is a superior brand of tax-qualified, Partnership.