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Thursday, September 22, 2011

The Foreclosure Saga Goes On

Law firm warns of foreclosure ruling's effect

WEST PALM BEACH — The national law firm of Greenberg Traurig issued an alert this week warning its lawyers that a 4th District Court of Appeal ruling in favor of Palm Beach County homeowners could "dramatically change the foreclosure landscape in Florida."
The Sept. 7 decision in the case of Gary and Anita Glarum vs. LaSalle Bank says that an affidavit of indebtedness submitted by the bank was hearsay because the person who signed it did not have personal knowledge of the case. It reversed a 2010 Palm Beach County Circuit Court summary judgment that said the Glarums owed the bank $422,677.
"This decision could have broad, sweeping application in the lending and loan servicing industries and affect thousands of foreclosure cases, among other types of cases, currently pending in Florida courts," says the alert posted on Greenberg Traurig's website. The Orlando-based firm of Butler & Hosch represented LaSalle Bank in the case, but Greenberg Traurig also is a bank representative.
The amount the circuit court said the Glarums owed was based on an affidavit of indebtedness signed by loan servicer employee Ralph Orsini, who pulled the information from a company computer - a move that appeals court judges said amounts to hearsay. The court's ruling means the home can't go to foreclosure sale until the bank either gets another summary judgment or goes to trial. The plaintiffs have 15 days to file for a rehearing.
Ice Legal of Royal Palm Beach represents the Glarums, who have been in foreclosure since 2008 and continue to live in the home. Ice Legal founder Tom Ice said the alert is a "transparent attempt to influence" the court to change its ruling .
"Being denied a prohibited shortcut may cost the banks a little more, but given that they are the deep pockets here, pockets lined with our own taxpayer money, the ruling is hardly unfair or earth- shaking," he said.
Greenberg Traurig writes that the Glarum decision is the first case to specifically hold that an affidavit of a loan servicer relying on computer records is inadmissible hearsay because the affidavit was unable to identify who made the data entries, or how or when they were made.
"In the context of foreclosure matters, Glarum is especially concerning given the fact that the lending community uniformly relies upon computer data, including data from prior servicers, when drafting affidavits of indebtedness in support of summary judgment motions," the alert notes.
It says the appeals court sent a "strong statement" that "may have achieved the unintended result of dramatically changing the foreclosure landscape in Florida."

Tuesday, September 20, 2011

Golden Beach Developers paid $24 million for the 1.1-acre site at 19505 Collins Ave. in Sunny Isles Beach.


Read in the South Florida Business Journal - Sept. 20, 2011
 
Regalia in Sunny Isles Beach sold for 24MM
Golden Beach Developers paid $24 million for the 1.1-acre site at 19505 Collins Ave. in Sunny Isles Beach.

Instead of selling at a discount to its troubled mortgage, as is usually the case in South Florida, a Sunny Isles Beach development site got dealt for $24 million – significantly higher than its loan.
In 2009, FirstBank filed an $11.7 million foreclosure lawsuit against Regalia LLC, along with managing members Jerold M. Kaufman, Abraham Cohen, Paul C. Murphy and Avra J. Jain.
It targeted the vacant 1.14-acre beachfront site at 19505 Collins Ave.
Regalia received approval to build the 43-story 40-unit condo there, but no major construction had taken place.
FirstBank failed and its assets were assumed by Beal Bank Nevada  . The new lender recently assigned the loan to International Lending in the British Virgin Islands.
Given the price the property brought, it looks like Regalia is off the hook. The new owner is Golden Beach Developers, an Aventura company managed by attorney Louis Montello.

This confirms my predictions.


Undoubtedly some people believe in beachfront properties.
At the pace that most of the inventory on the beach in South Florida has been swallowed by foreign investors, we shouldn't be waiting too long before prices are on the rise.



Thursday, September 01, 2011

Foreign Buyers make the difference


Upturn in Florida home sales a welcome surprise
 
The following story provides insight into the world’s positive view of Florida as a smart real estate investment. It was published by Xinhua, a Chinese news agency that claims over 800 million website visitors.

(Xinhua) – Sept. 1, 2011 – One of the first U.S. states to have its economy crushed by the U.S. housing market recession is now experiencing a rather happy surprise – its housing market is undergoing an upturn.

Despite an unemployment rate of 10.7 percent, which is higher than the national rate of slightly over 9 percent, enough people are buying houses in Florida, especially in the Miami area, so that the state’s housing market is no longer considered an imminent problem by housing and regulatory agencies.

What makes this even more unique is the fact that the status of Florida’s housing market seems to be in the opposite condition of the national housing market.

End of July statistics by the U.S. Department of Commerce show that total sales of newly built homes in the U.S. declined for the third consecutive month. Total sales in July fell almost one percent.

On another housing market matter, Standard and Poor’s (S&P), the rating agency which created a global storm by downgrading U.S. credit rating in early August, is currently being investigated by the U.S. Department of Justice to see whether or not S&P mis-rated home mortgage securities. S&P declined to be interviewed by Xinhua for this story.

With all of the above fiscal-related problems negatively affecting the U.S. housing market, how are the Miami and Florida housing markets now having success? Todd Nordstrom, a Realtor for Keller Williams Realty in Miami Beach, got the answers.

“The recent building boom has brought a tremendous increase in residents to the (Miami) downtown areas. At this time, approximately 85 percent of all condominiums built in the last boom are currently occupied, which is fueling new restaurant and entertainment options. Foreign nationals account for over 50 percent of all sales in the (Miami-Dade) county,” said Nordstrom.

According to Nordstrom, “foreign nationals with cash due to rising currencies” were attracted to Florida by its lower home prices. They are mostly nationals from Brazil, one of a few countries that have witnessed rapid economic expansion in the past decade despite the recession that hit the U.S. and other major industrialized countries.

A spokesman for RealtyTrac, which publishes the monthly U.S. Foreclosure Market Report, also gave its explanations for the housing boom in Miami and Florida.

“We believe a slowdown in foreclosure activity, that started 10 months ago because of problems with foreclosure paperwork and documentation, is actually helping the Miami and Florida housing markets to experience this upturn,” said Daren Blomquist of RealtyTrac.

Miami and Florida’s good-fortune housing market environments have happened elsewhere in the U.S. – most notably in Phoenix, Arizona – and “prices have passed the tipping point where buyers are willing to jump in, and the temporary lull in the foreclosure activity has helped to boost buyer confidence as well,” Blomquist said.

Yet there are two other possible reasons for Miami and Florida’s upturn in their respective housing, according to Brad Sullivan, a spokesman for the U.S. Department of Housing and Urban Development (HUD).

“Florida/Miami has a relatively high concentration of retirees that may contribute to the demand for housing, relative to states/metro areas with a higher share of unemployed persons. The Southeast in general was/is growing faster than many other parts of the country – the upper Midwest, for example,” noted Sullivan.

The Miami-Dade housing market has had 12 consecutive quarters of increased sales. Condominium and home sales in the Miami-Dade area rose almost 50 percent in the second quarter of 2011.

The Internet is another source for would-be homebuyers to refer to if interested in buying a house in Florida. RealtyTrac.com and Foreclosure.com, which has monthly charges for customers who are given a grace period of seven days without fees, allow Internet users to examine Florida foreclosure records. Another website, Equator.com, does the same, but for no charge at all to customers.

While the Federal Housing Finance Agency (FHFA) is considering making tens of thousands of government-owned foreclosed homes into rental units, the medium price for a single-family home in the West Central Florida region dropped 3.2 percent from June to July. The medium price for such a home is now 125,000 U.S. dollars.

According to S&P’s Case-Schiller home price index, from June of 2010 to June of 2011, Tampa had the largest decrease in the price of a single-family home than anywhere else in the U.S. In that time span, the price of a home in the region of Tampa declined by 9.5 percent.

When RealtyTrac released in late July its mid-year report of the 20 metropolitan areas in the U.S. that had the most foreclosures, only one Florida area – Cape Coral/Fort Myers, which rated at 12 – was listed. One year ago, Florida had nine areas and cities listed in the top 20 of RealtyTrac’s listing.

But in Washington D.C., a number of federal agencies have churned out data and reports about the housing market that seem to conflict – and the upturn in the Miami and Florida housing markets is no exception.

On Wednesday, the FHFA issued a 83-page report about the status of housing markets all throughout the country, which stated that Florida’s housing market was down 8 percent in the second quarter of 2011 compared with the same period of last year.

Yet Andrew Leventis, a senior economist for the FHFA, admitted that all is not glum for the Miami and Florida housing markets.

“The strength (of both housing markets) is that there are incredibly affordable price levels for houses and that interest rates are at historic lows. If you want to buy a house in Florida and you have good credit, there’s a good chance that you can get a 30-year loan, which Americans love to do. There’s a lot of inventory (i.e., unsold homes) out there,” noted Leventis.

Miami-Dade County is not the only area of Florida’s housing markets that is now experiencing robustness. In Orange and Seminole counties, both located in the middle of Florida, Realtors note that there is anywhere from four to five months of backlog inventory houses available – meaning that all types of homes, from single- family houses to mansions, are available to would-be buyers.

In Leon County, only 9 percent of all homes available for purchase were sold in 2010, yet 2011 figures showed that this statistic is on the rise.

DataQuick.com, a website which posts real estate news and custom data, reported that in the immediate Miami metropolitan area, the number of foreclosures decreased to it’s lowest level since 2007.

Friday, July 15, 2011

Best Unit at The Beach Club - Now Renting !



$ 4,850 per month - for a Yearly Rental


The Beach Club II
1830 S. Ocean Drive - Apt. 3702


This is a gorgeous apartment, right on the beach.
The Beach Club is the newest development in Hallandale Beach.
Magnificent views from every corner.


Direct access to the beach;  7 pools,  the best Spa you could find in the whole area, a 2-story Gym, and all the luxury you could dream about.
The new Hallandale Village at Gulfstream, with its famous Casino and Racetrack, is just one of the attractions.


Hollywood Beach Boardwalk is a few blocks away. 5 minutes drive to Shopping Centers, Restaurants, Nightlife, and Aventura Mall, the largest shopping venue in South Florida. Fort Lauderdale Downtown and Beach,  Bal Harbour, South Beach, are just a few minutes drive away.


Floor-to-ceiling windows, open floor-plans add to this unique sensation of living in a surrounding of water and sky.


Modernly furnished and decorated, this is presently the best deal if you are looking for a Waterfront, Ultra-Luxurious Condo on the Beach.

For Full-Season rentals at a higher rate, please contact us.


 


Call: Henry B. Nathan
UNITED REALTY GROUP
(954) 296-6741
or Email: hbnathan@gmail.com
for more information.

Monday, January 31, 2011

Unregulated Abuse, or Plain Scam?


How Banks are allowed to force insurance on homeowners at up to 20 times the normal price, and eventually cause foreclosures.
 
More than three years ago, at the height of the real estate boom, I sold a Florida condo to a French couple.
They laid down a 30% down payment at the time, and  took a mortgage loan with a major national bank.
They have seen the value of their property sink to about 40% of its original value. The typical case of "underwater mortgage". 

However, they always acted responsibly, and promptly paid every month to the bank, the condominium association, and the property tax authority. 

A couple of years ago, my client sent me an email from his country asking for help. The bank was charging his account a high amount, which he didn't understand.

I made a few calls and finally understood that the bank needed a copy of the renewal of the condominium association insurance. Meanwhile they had taken insurance on his behalf, with a cost of about 15 or 20 times more than the market standard. I contacted the office of this association, which is under the administration of a large management company.
They agreed to fax a copy of their insurance policy to the bank. Meanwhile the bank was claiming they had not received these copies for an unknown reason and my client was getting anxious. I kept calling the bank, going through many operators, stoically enduring long minutes of waiting on the phone, with the musical background.

Between my client's battered English and some hours of my time on the phone, we finally managed to make somebody in the bank understand that they had to stop charging the account. Then my client had to struggle a couple more months to get the refund of the high charge to his account. When I had asked the bank why they had not advised my client before starting the process, I got a vague mention of some letter mailed to the client, which he had never received.

I advised my client to make sure that in a few months, the situation wouldn't be repeated, because insurance policies expire every year. The condominium building has about 300 units and I am almost sure that the same bank must have a few loans pending in this building. But they don't keep this kind of record and just ask for these policies year after year.

All condo associations in Florida maintain certain insurance to cover building damages caused by fire, flood, or hurricanes. Otherwise, nobody could get a mortgage to buy a condo in Florida. But apparently the banks want to keep track at all times of these policies. 

As can be expected, the next year, my client called me again. Now the condo association had taken an internet service which had to be used by condo owners if they wanted the insurance policies sent to the bank. In other words, he had to sign up with an outside company to get the insurance papers faxed to the bank

I helped my client navigate through the sign-up and other hassles and make sure that, this time, his policy coverage was sent in time to the bank. The condo association was apparently overwhelmed by hundreds of similar cases.

Of course, the cost of the new technological "solution" would pad some pockets, and good luck to homeowners not so proficient with internet and online niceties. 

Fast forward another year. My client calls me again from France. The bank had started the same process again, charging him a very high amount for "insurance premiums" and "late charges".

Back to the phone, the obnoxious musical background, the repeated explanations to multiple operators who kept affirming that the bank hadn't received proof of insurance, while the condo association kept affirming that they had sent it time and again  to the bank. Of course, after some bad blood and lots of wasted time, everything was in order; my client's account showed the refund. The game had become a yearly ritual of suffering, anxiety, and bad blood. 

My client, who was actually feeling uneasy about my voluntary and non-compensated dedication to solve this annual problem, wrote me that he owned another property in Europe, and that it was so easy, compared to his US nightmare, where it seemed necessary to hire a secretary just to take care of management.
The next case is my Cuban boat mechanic. Not a highly educated person, he is however an excellent professional and I developed a very friendly relationship with him. He came to me one day with a bank statement that he didn't understand.

His $200,000+ home had an $80,000 pending mortgage, and he was paying promptly about $670 every month to another large and well-known national bank. He had received a notice of late-payment and the bank claimed a balance to pay of about $8,000. 

He had gone to the bank's office and they had told him about a homeowner's insurance proof that had not been received by the bank. I accompanied him to his bank's local office and the officer in charge insisted that  his policy had not been sent by his agent to their central service.  

Actually his agent had sent it twice. However, state laws had changed the flood zones, and his flood insurance premium (about $200 per year) had to be increased by about $20 a month. He had not received any bank notice until the day his account was charged. 

I called the bank and indicated that he had increased his insurance by the small amount and had faxed them the proof. To make a long story short, it took me about three months, gallons of bad blood, unending discussions that invariably ended with the promises that all matters had been resolved, until the next letter was received by my Cuban friend, with the news that he owed still more money. 

The bank had taken a flood policy at a cost of roughly TWENTY times the average cost of flood insurance, through an unknown company. (Let's not try to investigate who the real owners of that insurance company are).

This one was just a volunteer effort on my part. I felt that my friend could possible lose his home if, as he said, he disregard all this foolishness and just pay every month his mortgage payment, leaving behind undue insurance premiums and "late charges".

However the bank kept adding late fees and mailing threats to eventually foreclose on the house unless satisfied. One day, they told me that they were crediting some quantities to my friend's account. But they did not. I called again and the operator said that they had credited the amounts but they had placed the money in a "temporary" account where it was sitting, nobody caring about transferring it to my friend's mortgage account.

I have lost count of the long negotiations, until one day, after a long fight on the phone; a "supervisor" said that, if my friend would pay a fine of about $54 for late payment, (!) they would close the case. It took me an hour to convince my indignant Cuban friend to just pay and get done with it.
The matter was eventually resolved. The account was cleared. But guess what?
A few weeks after, there was another proof of insurance demand.
This time it was the homeowner insurance. Luckily, he called promptly his agent who faxed the proof of insurance, and problems were avoided.

The agent told him, however, that he had this kind of cases many times every month, and this insurance agent's opinion was that a few people didn't know how to address the problem and ended up paying through the nose the enormous costs of unnecessary insurance. The agent told him that he was dedicating an exhausting amount of time and effort to satisfy hundreds of client's requests, and faxing over and over dozens of proof of insurance to mortgage lenders. In few words, the banks were using a numbers' game to pocket millions of dollars of undue profit.

A certain percentage of homeowners would just pay because they are too old, less educated, or just too busy at work to find the time to fight the abuse.  If this percentage is only 10% it would mean billions of dollars of undue profit.

We all understand that banks could be worried by an uninsured mortgaged home. It would be very easy for them to have on file the phone or fax numbers of the appointed insurance agencies or condo association who will send them proof of insurance. Instead, banks choose to set up whole operations whose job is to charge as many clients' accounts as possible, at unbelievably high premiums, and pocket the profit.

How can we explain that these banks do not use the same insurance companies that everybody uses, instead of insuring with unknown agencies at 2000% of the normal cost?

Is there any hidden reason?   Inevitably you suspect.

Do the Federal authorities know about this? They could easily mandate mortgage lenders to only contract insurance policies at the normal market cost.
Or is there a vested interest in abusing an already suffering public?

Is this why we have bailed out these "institutions" which squandered our money and our savings? I am sure that I am not the only one asking this question. But until we regulate this, hundreds of millions of dollars will be ripped off humble homeowners; of course, those most in need of assistance.

I researched some more into the matter and found out that this has lately become a widespread practice.

It affect especially those who chose to act honestly, pay their mortgages, even though their home value is much lower that the amount of their loan.

I talked to a few insurance agents and they all know about the issue. 

Well, to end the story, my Cuban mechanic called me a week ago, and came to see me again with a new threatening letter from his bank. Barely three months after I had settled or fixed the first problem.

They were requesting again insurance proofs, or else.... I am talking about the same insurance that his agent had sent the bank three months ago.  My friend called both his agents, since he has two different agents for his flood and his homeowner's policies. He begged them to fax one more time these policies to the bank.

He told me that one of his insurance agents had finally lost patience and told him that he had enough and that this was the "last time" he was faxing the papers. 

Otherwise, he said, my Cuban friend could go find himself another insurance agency. 

Thursday, January 20, 2011

Brickell area condos moving fast now.


ST Residential sells 100 condos at downtown Miami’s Mint
A $160-a-square-foot price cut was the trigger behind the sale of 100 units at the Mint at Riverfront condominium, according to data from Bal Harbour-based Condo Vultures. The pricing was a 33 percent discount from the Miami project’s original marketing.
Buyers, many of them original pre-construction contract holders, paid an average of $326 a square foot, or a total of $327.6 million, for 100 units from October through December, data showed.

Eleven units were sold at an average of $325 a square foot during the prior quarter.

The discount comes as ST Residential, which bought Mint’s debt as part of the portfolio of the failed Corus Bank, works with developer Key International to set a pricing bottom.

“ST Residential kicked off the winter tourism season by selling 21 percent of the total inventory in the Mint at Riverfront condo tower,” Condo Vultures principal Peter Zalewski said.

Mint at Riverfront’s original preconstruction pricing ranged from $489 a square foot for one-bedroom units to $563 a square foot for two-bedroom units, according to sales material from Key International.

Mint at Riverfront is a 51-story, 530-unit tower at 93 S.W. Third St. It stands within a gated condo enclave with neighboring towers Ivy and Wind at Neo on the north bank of the Miami River. Three more towers were planned for the enclave, but were never built due to South Florida's condo crash.

Wind at Neo sold 488 units at an average price of $286 a square foot, while the Ivy sold 469 units at an average price of $262 a square foot.

Tuesday, December 07, 2010

How State Farm won and how they got away with it.

It does not happen too often nowadays.
Good journalism is the essence of our democratic values.

I real the following in the Sarasota Herald Tribune.

It is so revealing that I have no choice but to post it on my blog.

The article is not so much about the ruthless conduct of big insurance companies, but especially revealing on how our legislators can allow them to carry out these preposterous and immoral ripoffs.

Did you ask yourself why the cost of owning a home has gone up so much during the last few years?

We all know that INSURANCE.is one important element.

You think you know what's going on?  Think again.

An intricate web of offshore companies set up with the only purpose of escaping regulations and skimming the consumer is the essence of the whole scheme.

You think you have escaped their grip?  Not so easy!

Shameful?

What is being perpetrated against our middle class is across the board and unbelievable.

Banks, Insurance companies, are only the tip of the iceberg.

But, as a realtor, looking as the worse real estate crisis in history, I can't but write my indignation.





HERALD-TRIBUNE INVESTIGATION

How State Farm cashed in on a crisis

A Sarasota Herald-Tribune investigation

When State Farm stepped up its march out of Florida, it loudly and publicly claimed hurricanes were pushing it toward financial disaster. The company argued it had to leave the Florida coast -- and drop nearly half a million customers -- because it could not profit in a state wracked by so many storms.

But State Farm never really left Florida.

A Herald-Tribune investigation finds Florida's largest insurer has instead found an easier way to profit from homeowners desperate for coverage. And the desperation State Farm helped create allows it to command some of the highest rates in the world.

The conduit for this back-door insurance is DaVinci Reinsurance Ltd., an offshore company with no physical office or employees of its own that sells policies to insurers to cover their storm losses.
The virtual corporation was launched in 2001 by State Farm and a Bermuda reinsurer with which it has close ties.

State Farm provided $200 million in seed capital. Its partner, RenaissanceRe Holdings Ltd., took on management and the recruitment of other investors.
While it has little physical presence, DaVinci is now one of the state's most important hurricane reinsurers. Contracts show DaVinci provided coverage last year to more than 50 Florida insurance carriers representing the owners of 3.7 million homes.
Through DaVinci, State Farm quietly continues to collect money from thousands of former customers who were told their homes were too risky to insure.


Collectively, these customers have paid hundreds of millions of dollars to State Farm's offshore reinsurance venture. Without a hurricane, the $300 million in Florida premium paid to DaVinci from 2006 through 2009 has been largely profit. Florida's payments for 2010 are not yet available.

The advantages to State Farm are clear.

In Florida, the insurance rates State Farm can charge are regulated by the government. Profits are controlled and taxed. The potential loss from a major hurricane is measured in billions of dollars.


DaVinci's premiums, on the other hand, are as high as the market will bear. Based in Bermuda, it avoids U.S. taxes and faces no limit on profits. If a hurricane strikes, State Farm would lose no more than its investment in DaVinci -- $350 million at the end of last year.

State Farm officials would not disclose the company's current ownership interest in DaVinci. Nor would RenRe release the names of DaVinci's directors. Securities filings show that since 2008, State Farm has had an option to leave DaVinci, but as of December 2009 it had not exercised that right.

A spokesman for State Farm responded to questions from the Herald-Tribune with a two-sentence statement.

"Reinsurance exists to help insurers protect homeowners from major catastrophes," wrote spokesman Phil Supple. "In this instance, State Farm is simply an investor and not actively involved in this reinsurer's underwriting decisions." 

Stacked against State Farm Mutual's $92 billion in assets, the investment in DaVinci is small. The cash payout so far has been only $100 million in dividends split between State Farm and other investors, including the Ontario Teachers Pension Fund. But the impact on Floridians has been huge.  

DaVinci helped facilitate the transformation of Florida's home insurance market into one reliant on thinly capitalized, Florida-based companies and unregulated offshore reinsurance.

DaVinci, along with its partner RenaissanceRe, writes a specialized form of reinsurance that allows investors to launch and operate new Florida insurers with relatively little cash.

"It brings more capacity ... I would welcome State Farm to do more of it in a heartbeat," said Joe Graganella, president of two Florida insurance companies, Capitol Preferred and Southern Fidelity, which buy coverage from DaVinci and RenRe. Without that protection, it would be hard to do business, Graganella said.
The expansion of DaVinci's coverage in Florida, however, was also self-serving. 

DaVinci's presence made it easier for State Farm to withdraw from Florida's densely populated coastlines and in five years shed more than 865,000 customers -- by helping give those customers a place to go.  That, in turn, aided State Farm politically.

The company's withdrawal has put pressure on lawmakers to give concessions to the insurance industry, but is not so cataclysmic as to prompt state intervention to prevent it. In the end, Florida officials allowed State Farm to sharply raise rates and eliminate policy discounts while shifting to safer parts of the state and retaining its highly profitable auto insurance operation in Florida.

Earnings projections filed with state regulators show State Farm expects to collect as much premium in 2011 as it did before its exodus.

"State Farm has done a good job, an excellent job, in pulling the wool over the eyes of many of my colleagues in the House and Senate," said state Sen. Mike Fasano, a Pasco County Republican and a critic of State Farm. "They've convinced them that State Farm is poor and they're losing money and the Legislature is willing to come to their rescue."

OPPORTUNITY IN DISASTER

DaVinci emerged from the rubble of the World Trade Center.
Within weeks of the Sept. 11 terrorist attacks in 2001, it was created by State Farm and its Bermuda partner, RenaissanceRe, to capitalize on price increases that followed the disaster. State Farm's original $200 million stake gave it a 40 percent share in DaVinci and a seat on the board of directors. RenRe provided 20 percent of the money and manages the venture. At the outset, DaVinci was a nominal reinsurer for Florida. It specialized in low-risk contracts with large U.S. insurers such as Allstate and Zurich American. 

That changed after Hurricane Katrina in 2005.

To take advantage of rising reinsurance rates, DaVinci shifted its attention to hurricane risk, raising $375 million, including $25 million more from State Farm. It doubled its capacity to write reinsurance and refocused much of its business on Florida. 

Together, DaVinci and RenRe became the largest provider of hurricane coverage to Florida-based insurers. The rates they charged Florida insurers post-Katrina doubled, RenRe executives told stock analysts at the time. The company's pursuit of such distressed markets is a central part of its business philosophy.

"Where there's gunfire we don't run toward the bullets, but we like to get involved when there's still smoke in the air," RenRe CEO Neill Currie told the Herald-Tribune two years ago at a reinsurance gathering in Monte Carlo. "It works out pretty well, because we come riding in on the horse."

National reinsurance records show that in 2005, Florida-only insurers provided 23 percent of DaVinci's U.S. revenue. By 2009, it was 41 percent. 

Interviews and documents examined by the Herald-Tribune show DaVinci focused on selling the riskiest, hardest-to-get coverage most critical to Florida's weakest property insurers.

There is little competition in that niche, and reinsurance brokers said the price for such protection is among the highest in the world, sometimes more than 50 cents for $1 in coverage. " 'Opportunistic' is the absolute key word," said John DeMartini, vice president at Towers Watson, a national reinsurance brokerage. "DaVinci cleverly stepped into the void."

What's more, State Farm organized its withdrawal in a way that helped it keep control of its most profitable business -- car insurance. It created a list of insurers to which State Farm agents could direct dropped customers. 

Homeowners who switched to those companies could retain their multi-policy discounts. State Farm agents also keep their clients if they move them into the state-created Citizens, or to the pre-approved companies -- most of which are backed by DaVinci reinsurance coverage. Details about DaVinci were kept quiet enough that several longtime Florida State Farm agents told the Herald-Tribune they were not aware most of the pre-approved companies had a connection to State Farm.

EVERYWHERE, A BIT OF STATE FARM

Tampa resident Trudy Hensley canceled her State Farm home and car policies in 2009 after seeing her premium jump 66 percent in two years. 

State Farm's threat to drop Florida residents angered her enough to look for coverage elsewhere. She switched to Tower Hill. What she did not know was that the Tower Hill group, including four insurers under that umbrella, is by far DaVinci's largest Florida customer. 

The Tower Hill companies together paid State Farm's reinsurance venture more than $48 million in premiums from 2004 through 2009. "It's very unethical. I have no feelings of Good Neighborliness," Hensley said. "I'm not happy at all. It's another case of those big insurance companies taking advantage of people." 



Hensley's first reaction after being told about DaVinci was to ask for a list of companies that do not buy reinsurance from the company. It would be hard to find one.

By 2009, DaVinci, in partnership with RenRe, had provided some hurricane protection for 54 Florida insurers, including Allstate and fast-growing Universal Property & Casualty. The duo supplied the majority of hurricane protection for six companies, a list that included Security First, Argus and the now-defunct Northern Capital.

According to financial contracts reviewed by the Herald-Tribune, DaVinci was the third-largest commercial provider of hurricane reinsurance in Florida by the end of 2009. As State Farm dropped customers along the Florida coast, many remained in the State Farm family when they were picked up by companies using DaVinci reinsurance, including Northern Capital. The Miami-based insurer was started in 2007 by the owners of a security guard company. 

Alexander Anthony and Albert Fernandez put up $8 million and approached state regulators with an offer to take on more than 45,000 homeowners who had been dropped into a state-run program by State Farm and others.

Like many Florida start-up insurers, Northern Capital lacked the money to insure that many homes. It could have drastically scaled back its growth plans to fit the money it had. Instead, it devoted two-thirds of its income to buy reinsurance, letting it insure thousands more homes. 

Northern Capital concentrated its business in Miami-Dade County and adjacent areas -- a region State Farm closed to new business in 1992. Despite that, 90 percent of Northern Capital's private reinsurance in 2007 came from DaVinci and RenRe. The decision was a fertile opportunity for State Farm's venture.

Northern Capital paid DaVinci as much as 40 cents for every $1 in protection it received, akin to paying $80,000 a year to insure a $200,000 home.

A risk assessment done for state regulators shows Northern Capital's coverage from DaVinci had a technical value -- the average annual expected hurricane loss -- of no more than 4 cents per $1 insured. But DaVinci demanded to be paid 10 times the actual risk. 

That cost landed on homeowners. A Herald-Tribune review of scores of reinsurance contracts found similar terms for other companies. In 2009, Southern Fidelity paid 52 cents for every $1 of protection bought from DaVinci and RenRe. Homeowners Choice paid the two companies 43 cents per $1 of protection. Capitol Preferred also bought high-risk coverage last year at 57 cents on the dollar; Gulfstream paid 32 cents for every $1 of coverage. 

As Northern Capital illustrates, the contracts worked out better for State Farm than for companies that bought the coverage. With no hurricanes, DaVinci kept the $20 million it collected from Northern Capital.
In early 2009, state regulators accused Northern Capital of paying too much for reinsurance and put it under secret supervision. 
A year later, the company had so little money regulators shut it down.

Thursday, October 07, 2010

Great Reading - Michael Lewis - THE BIG SHORT

Just read it:

THE BIG SHORT - Inside The Doomsday Machine

By Michael Lewis.

Whoever wants to start understanding the state of the Real Estate in the US and also in the wide world, is at a loss if he thinks he can interpret the catastrophic debacle in traditional terms and historical data.

It is evident that this is not one of the regular cycles of capitalism.

Manipulation, indifference,  greed and plain ignorance from many of the players in the infamous game that brought to their knees many of this country's small investors; drove out of their homes a large percentage of American middle and lower class citizens, is the theme of this book.

Standard & Poor, Moody's rating agencies' pitiful (or reckless?)  job at guiding the public in general, mutual funds and hedge funds in particular, is a main factor. Goldman Sachs, Bear Stearns, Citigroup, Deutsche Bank, UBS, Wachovia, Bank of America are some of the names that pop up  even though they still are for some of us the symbol of finances at their highest.

The open ignoring of the principles of banking and mortgage lending by most banks, Fannie, and Feddie, the Feds,  the SEC, are still unanswered questions.

Welcome to the world of CDO's and CDS.

Read how TRILLIONS of dollars of worthless packages of sub-prime mortgages were assembled in AAA bonds, and put on the market during these "boom" years of 2005, 2006 and 2007.

CDO is a Collatelarized Debt Obligation, supposedly an" investment-grade"  security backed by a pool of mortgages. If you didn't read too much about it, it means in reality a bunch of crappy loans with very low expectations of being ever collected, that are put together, graded by Moody's as AAA and sold as first class investment securities.

Read about how the CDS (Credit Defaut Swaps), which are a kind of insurance on the CDO's , were often bought by the same "institutions" which had issued these rotten CDO bonds in the first place.
Example:  You issue a CDS in favor of an investor who is betting that  your trashy AAA CDO's will eventually have a high grade of delinquency which will drive their value to Zero or close to it.
This investor can be a hedge fund, a group of investor, another bank, or the same bank who issued the CDO's in the first place. Incredible? A Lottery? Las Vegas? I would like to believe it if most of these "elite" guys hadn't ended with hundreds of billions of dollars in salaries and bonuses.

A fascinating and exhausting reading.

And an example on how quickly we forget and how corruption, "bubbles"  and evil can perpetuate, revive, and multiply.

Michael Lewis, famous for the Liar's Poker, about the 80's (an era where at least some of the crooks went to jail), gives the reader a fascinating rough draft of this whole new era that (sorry guys)  we are still living.
The era when, instead of sending the bad guys to jail, we give them new liberties to freely  lobby our Congress, and increase at will their campaigns contributions.   

Why real estate is what it is today?

Perhaps you'll get a less clouded idea with Michael Lewis penetrating view on this "roaring decade".




Monday, September 27, 2010

More about property taxes in Miami


I don’t usually trust billionaires when discussing politics.  

In this case, however, my sympathy goes to Normal Braman, one of the richest men in Florida whose interests or beliefs surprisingly coincide with those of the common citizen of Miami.


The City of Miami and Miami-Dade County have never been an example of incorruptible public officers.

I recall the Marlins' Stadium outrageous situation when the City and County of Miami agreed to finance it at taxpayer's expense. A team worth hundreds of millions of dollars was blackmailing a city in need of every penny to improve public services and education.   

With a  totally convoluted reasoning, Miami commissioners never talked and acted businesslike when confronted to shrewd corporate interests. 

They could have asked for partial ownership of the team, or repayment of the city's loan with part of the team's revenue. But we would listen for hours to their speeches and discourse, never to get any reasonable explanation.   

And in spite of the strong opposition and action of Norman Braman, and most of Miami's people, it just passed. The Marlins Stadium will be built by Miami.

And at the present time,while the Marlins are making a handsome profit,  Miami is increasing its tax rate by a shameful percentage. 

Too late, it seems, to reclaim taxpayer's money. But never too late to add to the suffering of their beleaguered citizens.

Here is what I read today, that sounds like a payback, but is more like a little bit of justice. 


Norman Braman launches drive to recall Mayor Carlos Alvarez 

Billionaire businessman Norman Braman announced Monday he is launching a petition drive to recall Miami-Dade Mayor Carlos Alvarez. He said, however, he will not seek the recall of sitting county commissioners -- at least not yet.
Miami-Dade County Mayor Carlos Alvarez boosted the authority of his office and became a ``strong mayor'' through a petition drive. But now, a new ballot initiative could trigger his political undoing.

For the second time this year, an effort to recall the county mayor has been launched. Unlike the unsuccessful effort waged on a shoe-string budget by a Coral Gables retiree, the new campaign is backed by Norman Braman -- an auto dealer not shy to use his private fortune to battle public officials.

The move comes after the mayor and eight county commissioners approved a 13 percent property tax rate increase last week to plug a budget hole for the coming fiscal year, and after mounting criticism over other county spending. 

Braman had pledged to launch recall efforts of the mayor and any commissioners who backed the tax hike. On Monday he followed through with the promise to target the county mayor, but said he's not currently pursuing sitting commissioners.

``This outrageous tax increase has been enacted while citizens are suffering economically, property values have crumbled, foreclosures are rampant, and unemployment has reached almost 13 percent in our county,'' Braman said.
The businessman said he's launching the campaign so ``the citizens of this community finally may have their voices heard.''
In a mid-day news conference, Alvarez responded that the property tax rate had to be increased to protect vital services, like fire and police.
" It is Mr. Braman's right to do this,'' said Alvarez, with County Manager George Burgess at his side. ``Quite frankly, I don't worry about things I can't control.''
The mayor later added: ``I will worry about running county government until the citizens of Miami-Dade County tell me otherwise.''

The recall reflects the shifting political fortunes of a county mayor ushered into office in 2004 as a former police director bent on bringing common sense reform to a county government frequently embroiled in scandal.

Indeed, in 2007 voters backed a petition-drive by Alvarez to further empower him by shifting the county manager's office and the entire county bureaucracy under the mayor's direct control. The move was supported, in part, because vesting power in a single, term-limited leader -- namely, Alvarez -- was viewed as the best alternative to improve county government.
But as the economy has worsened, Alvarez has come under fire.
In 2009 he declared that government ``must do more with less'' but then handed out double-digit pay raises to his top aides.
Separately, Alvarez initially defended his chief of staff -- whom he'd given a hefty raise on the grounds of increased responsibility -- after Miami Herald reports the top staffer was working as a private consultant in Panama on county time. He later demoted the aide amid escalating criticism.
Other criticism centers on the county's decision to use public funding for a new Florida Marlins baseball stadium in Little Havana. The mayor said the stadium is bringing jobs to an economy in desperate need of them.


Braman, joined at the press conference by state Rep. Carlos Lopez-Cantera, majority whip in the Legislature and a Miami Republican, said it is time for change. 

Thursday, September 09, 2010

This is what I'm talking about


A few days ago, I posted some comments regarding my new property tax bill.
In essence, the City of Hallandale Beach and Broward County have chosen to substantially increase their tax rate instead of trying to adjust their budget to a new reality.

Downgrading and thrift are the way to go. Continuously raising taxes to support an inflexible path of so called "growth" is irresponsible. 
It is sad to observe that citizens' response has been almost inexistent. We are sitting back, while our pockets are being sacked. Broward is our county and Hallandale Beach is our city.
We should be able to make our elected officers  work for us, not against us. 

We are tolerating that, while services provided are diminished and degraded, our taxes go up every year.

This year will mean for many "homestead" beneficiaries, an approximate 10% increase, in a time of zero-inflation. 

Is this ridiculous? Tragic would be more like it. People losing their jobs, their homes; retirees whose savings have been almost wiped out by the economy, shouldn't be confronted with this type of issue.

I am reading today on Heraldtribune.com  which covers Florida West Coast an article about how Venice, Fl. has addressed the issue. A good example to follow.


Venice tax rate held flat

BUDGET: 4-to-3 vote means city will have to use $3 million out of reserves

VENICE, FL.  Despite advertising a potential 29 percent property tax rate increase for the 2010-11 budget, the City Council voted Tuesday to keep the rate flat.  The decision marks a continuation of a decade-long streak of either lowering or maintaining the tax rate.
Property owners will continue to pay 2.77 mills, the equivalent of $2.77 per $1,000 of taxable property value. 

The council must approve the budget and tax rate at a second public hearing Sept. 21.  After two hours of spirited debate, the council voted 4-3 to maintain the current rate.  Council members Emilio Carlesimo, Kit McKeon and Mayor Ed Martin opposed the idea. Council members Sue Lang, John Moore, Jim Bennett and Ernie Zavodnyik voted for keeping the rate the same.
"I fear we are kicking the can down the road," said McKeon, before the vote, expressing concern about dipping into savings to fund the operating budget. "To be fiscally responsible, we have to maintain the proper fund reserve."  But Lang, who is up for re-election along with Zavodnyik, said with the economy struggling, residents cannot pay more. Reading tax statements from residents who have seen their properties decline in value while they are paying more in property taxes, Lang said the council needs to cut spending and use reserves.  "We have a reserve fund" that is in good shape, Lang said. "I would rather have people go and spend that money in our local economy." 

The council will have to use about $3.1 million of its $9.2 million or so in reserves to sustain its $22 million budget for the fiscal year beginning Oct. 1. It will collect about $800,000 less in taxes than last year because of declining property values.

 City Manager Isaac Turner has laid off four employees and left jobs unfilled to balance the budget. He expressed concern about deficit spending.  "We are below what your goal is for reserves," Turner said. "We will need to immediately identify where we are going to make that up."  Before the vote, Zavodnyik proposed eliminating city provided health insurance for council members. Carlesimo made a motion to eliminate council member pensions, provided by the state after six years.

City Attorney Bob Anderson said the council could not vote on the measures because they did not advertise them in advance.  Before the vote, some residents urged the council to not raise the property tax rate.  "It's been nothing but increases," said Mike Rafferty, a resident of Bay Indies, the city's largest mobile home community.

He said the county appraised the community about 18 percent higher than last year. A tax rate increase would mean his taxes would go up, he said.  "If you don't want to take it out of a rainy day fund, don't take it out of my pocket," he said. 

Venice Taxpayers League President Gary Budway said the city should have cut the budget across  the board and suggested Venice consider combining its fire department with the county and hiring a city attorney, rather than contracting with Anderson.








Monday, August 30, 2010

Florida Property Taxes - Millage Vs. The People


 I just received my 2010 proposed property taxes notice.  
I have lived in the same house for about 24 years. I am thus protected by the Homestead exemption which should not allow my taxes to be raised more than 3% per year.
The value of my home has been steadily decreasing during the last 3 or 4 years. 
However, my 2010 taxes will go up about 9.4 % in the best case and 14.4% in the worse.
How does this happen? 
a) My "assessed" home value goes up 3% to catch up on past years when I was protected.  When prices went artificially up 20% or 30% some years, they couldn't raise my taxes more than 3% per year, because I was a beneficiary of the homestead regulations. But now, even though prices have been going down every year, they still apply the 3% tax increase every time. Difficult to explain? I confess it is. 
b) The millage. Say your home is worth $100,000 and your taxes are $2,000 per year. Your millage is 2%. Figured it out? The millage is the percentage applied on your home value to calculate your tax. Of course it is on the net assessed value. The assessment is what the County Appraiser establishes as your home value. 
We have certain tax exemptions generally called Homestead which benefit residents' first home, and plus some minor additional benefits for some senior and low income or disadvantaged residents. The Homestead exemption reduces your assessed value by $50,000 for some tax components,  except for the school taxes which have a lesser exemption.
Let's analyze my specific property taxes, as an example.
Reading my 2010 proposed tax bill, (if the budget changes are approved)  I notice:
a) County taxes amount to 22.96% of the dollars total of the tax bill. 
Millage Last Year: 4.8889 - Millage  this year: 5.2256%  - 6.88% Millage  increase 
b) Public School taxes total a 33.61% of the dollars amount of my tax bill. 
Millage Last Year: 7.363% - This Year: 7.631% - 3.64% Millage  increase
c) South Florida Water management taxes amount to 2.16% of the tax bill. 
No changes in Millage rate  -  0.5346 % .
d) Everglades Construction Project taxes amount to 0.362% of the total tax bill. 
No changes in millage rate- 0.0894%
e) Florida Inland navigation taxes amount to 0.1396% of the total tax bill.
No changes in millage rate - 0.0345%
f) Children's Services Council amounts to 1.90% of the total tax bill.
Millage Last Year 0.4243% - Millage this Year 0.4696% - 10.68% Millage increase
g) Municipal (City Taxes) which amount for  31.15% of my total tax bill:
Millage Last Year 6.9934% - Millage This Year - 7.7% - 10.10% Millage increase!
h) South Florida Hospital District, which amounts to 5.90% of my total bill.
Millage Last Year - 1.2732% - Millage This Year 1.4572% - 14.45% Millage increase
i) Non ad-valorem assessments: 1.80% of the total dollars amount of the tax bill.
No change in millage rate.
 

I repeat:  Altogether, my 2010 taxes will go up between 9.4 % in the best case and 14.4% in the worse, depending on the budget discussions.


 *****


Is this fair? When property values have been plummeting  for four years now?

When inflation is close to zero? 


Can people hardly hit by this unending recession afford these increases?

Here is my analysis and my conclusions

The largest impact on my tax bill is by far the MUNICIPAL TAXES  item, followed by BROWARD COUNTY TAXES. Millage rates have increased a lot in one year on both counts.
Public School Taxes had a more moderate increase in the millage rate.
Hospital District Taxes had the highest millage rate increase (14.45% more). However it is only a 5.90% of my tax bill; so the impact is not so bad, and I can understand that in these recession times, hospital could be extending their services to more under-privileged citizens. 
What I can't easily swallow is the County and City tax increases. 
In spite of the present property values drops, the overall tax base (total of assessments for all properties) of my city has substantially increased since 2000. This increase is much higher than the rate of inflation in the same period.  How can be explained?  A couple of words may suffice: waste and mismanagement. 
Do I have actual proof of that? I do not follow these budgets and city commissioners'  decisions and meetings so closely.
On the other hand, services have not improved, and I have seen higher bills for my  sewer, water, trash services; In some cases, these services have been actually reduced.
But like any private corporation, what count for a shareholder at the end of the Business Year are the dividends of his investment.  And a conscious shareholder will compare them against previous years' returns and results, as well as similar corporations' results. According to this judgment, the CEO and Board of Directors will be confirmed or voted out.

Our taxes are a main consideration when assessing our governors' work. It's not quite the same as a corporation, but very similar. We can and should exercise our judgment and make our voices heard. 
It is done once every few years when voting for our commissioners.  

As a realtor, I am severely affected by the impact of property taxes (as well as insurance, maintenance expenses), on people's ability to sustain their home-ownership.  Foreign buyers often balk when confronted with the cost of maintaining a property in Florida. 

No doubt that, unleashed as it seems to be, this is a leading factor in the real estate recession.
This is the bottom line. 

**-**

I have read in The Palm Beach Post – August 27, 2010,  an article on the same subject.  That confirms it. I am not alone. This is what it says:

Home values way down but taxes often up; homeowners ask how it's possible
Many Palm Beach County homeowners may feel like they've been drop-kicked in the gut after opening their preliminary property tax notices this week.
Property values across the county have plummeted, leaving many owners owing more than they paid for their homes.
Even those who aren't under water felt the jolt. In many cases, not only did their property values fall, but they will pay more in property taxes next year.
"I thought to myself, 'How does that happen?' " said Bob Deacy, who is slated to pay about $100 more in property taxes next year for his home in West Palm Beach's historic Flamingo Park neighborhood. "I read it over three times."
The increase came despite a 22 percent drop in his home's market value.
Deacy bought his home $79,000 in 1997 and saw its value rise year after year. But to see it plunge this year from $189,143 to $147,296, is more upsetting than the proposed tax increase, he said.
"I am a realist, and I know that if you want improvements in your community you are going to have to pay," he said. " I didn't think in a neighborhood that is sought-after it would go down as much as it did."
By contrast, suburban Lake Worth resident Erna Altenor also watched her home's value plummet but has seen her tax bill fall. Altenor bought her home for $260,000 in 2007. Its market value is now $73,581, according to her preliminary tax notice.
"I couldn't take it no more," said Altenor, who stopped reading the notice after seeing the new value.
State law prevents homeowners from being taxed on more than their home is worth. As a result, Altenor's taxes have also plummeted to $1,055, down from $2,133 last year.
"That is good news," she said.
For those unhappy with the numbers in their preliminary notices, there is time to challenge them.
The county's value adjustment board can lower a property's assessed value after a hearing before a special magistrate. Petitions can be filed with the Palm Beach County Clerk and Comptroller's office.
And the county, cities, and other agencies won't finalize tax rates until next month. Before they do, they must hold public hearings on their budgets. Those who want to sound off about tax increases can speak out at those hearings.
The dates and locations are included on property owners' preliminary tax notices.
Property taxes rising
Many longtime homeowners will see their property taxes go up this year, even though the values of their homes have fallen. Here's one example:
West Palm Beach Year purchased: 1997
2009 market value $189,134
2010 market value $147,296
2009 property taxes $1,310
2010 proposed property taxes $1,413
Property taxes falling
Homeowners who bought during the boom will likely see property taxes fall this year, along with the values of their homes. Here's one example:
Suburban Lake WorthYear;  purchased: 2007
2009 market value $133,740
2010 market value $73,581
2009 property taxes $2,133