The Appraisal

It comes to mind that one of the major hiccups that we encountered during our purchase was the appraisal process. Generally this is no big deal and merely a formality provided the purchase is an arms length transaction and the buyer has done their due diligence. The bank is concerned that the buyer could be overpaying for the property and in the event the buyer defaults on the loan the bank will sell the property for as much as the market will bear. Hopefully there is enough from the sale for the bank to cover the outstanding mortgage and any remaining proceeds from the sale will be returned to the buyer less selling expenses. The bank is primarily concerned with protecting its asset and thus the appraiser was born.

Prior to the recession, the bank would have a bevy of appraisers at its disposal. It would frequently work with the same appraisers, many of whom intimately knew the property values of the local market in which they were working. While this seems incredibly logical, it also was one of the factors that led to the real estate bubble. Home values were often inflated so that borrowers could borrow more money and lenders could make bigger loans. When an appraisal came in low, both the lender and sometimes the real estate brokers, in a process that was common in the boom days before the housing bubble burst, would ask the appraiser to redo or adjust the valuation to make the loan happen. No one knows exactly how much of a role inflated appraisals played in the mortgage meltdown.  However, the reforms that were put in place are ones that we all deal with today, as the lender and the real estate brokers are discouraged from influencing the process.

Fast forward to our purchase in Bedford-Stuyvesant — we ran into a major snafu because of these reforms. There is little doubt that in some neighborhoods, Brooklyn property prices can move quickly. Very quickly. As a result of the reforms, appraisers are trying to act as an independent third party in an arms length transaction, protecting the underwriting of the bank and ensuring the buyer pays fair market value. Unfortunately our appraiser came from Nassau county and had no idea what he was doing. He undervalued our property by over 10% and almost killed the deal. Needless to say we did not sleep that night.

The truth is that nobody knows the value of a property more than the person who is willing to risk all of their beaver pelts and ducats to secure a piece of real estate! Trust me, if you are willing to plunk down all that coin, you know what the property is worth.

Our lender informed us that in all of his years of writing loans that neither he nor anyone in his division had ever seen an appraisal adjusted for more than $10,000. It is very rare that an appraiser will adjust his valuation because it is tantamount to admitting a giant mistake and having to wipe egg off the ole face. If the appraiser admits he flubbed it or mailed it in, what are the chances the bank will call him to do the next appraisal. We didn’t sleep that night either.

Did I mention that I am 1/4 Irish and stubborn like a donkey. I knew what that building was worth as I had been to over 300 open houses in the last 4.5 months and there was no way that i was going to let an incompetent appraiser wreck my deal. I knew I was paying fair market value and that I had a willing seller. I just had to prove it. So, using my architecture skillz I set to writing a 25 page report justifying our purchase. If if was going down, I wasn’t going down without a fight.

For reference, appraisers will either use the sales comparison method, the cost approach, or the gross income multiplier. This is good information to know. Our appraiser was using the sales comparison method. The chink in the armor was the fact that the appraiser was using comparable properties that were almost 10 months old and thus undervalued our property.

In order to torpedo the appraiser’s report I found other more recent comps within the radius described by the appraiser’s properties. I had over 20 comparable properties within the described radius that had closed within the last 6 months that easily justified the value of our property. These were all put into a clear elegant report with easy to understand graphics that any lay person could read and understand. I went in with overwhelming force and struck a death blow.

The appraiser adjusted the value by over 10%. Whew. What a stress ball that was. In the end I won and the icing on the cake was the fact that the lender was considering implementing my report as a template for further appraisal disputes. Booyah.

Although the truth is, it prolly took a month or two off the ole life expectancy.

Closed

Well, its done. We officially own a building as defined by the Chicago Title Company and the note was signed to the bank. There is something ominous in the fact that the word mortgage is a French term meaning “death contract”, meaning that the pledge ends (dies) when either the obligation is fulfilled or the property is taken through foreclosure. I try to think of this as little as possible and focus more on the excitement of owning our first building. We signed so many forms yesterday that our pen actually ran out of ink. Incredible.

The closing went as well as could be expected with a couple of unforeseen hiccups that were missed by our lawyers, the sellers lawyers and even the Chicago Title Insurance Company. The closing costs, in particular the transfer taxes owed to the city, typically paid by the seller were miscalculated. Apparently any property in NYC that is a 4-family or greater is considered a commercial property and not a residential property for transfer tax purposes. Only 1 to 3 family properties are considered residential through the tax code of NY. Because the property was a 4-family and considered commercial by the tax code, we the buyers did not have to pay the mansion tax and fell into a lower tax rate which reduced our overall tax considerations by more than $7,000. Most certainly a windfall for us. In turn the sellers transfer tax rate went from a paltry 1.425% to a staggering 2.625% almost doubling the transfer tax paid by the seller.

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While this tax situation was unfortunate and should have been disclosed prior to closing, it was the Chicago Title Insurance Companies responsibility to resolve the issue. We the buyers fully understand that this transfer tax will be our obligation when we sell which is why we were unwilling to negotiate on the issue even if the sellers had wanted to. Thankfully we all kept our cool and were still able to close even though this wrinkle appeared. Luckily the representative from Chicago Title Insurance Company was fantastic and able explain the issue with relative clarity.

Also of note, we were instructed by our lawyer that we the buyers had to give the agent for the Chicago Title Insurance Company a tip. Not sure that anyone else has dealt with this, but we were told that it was common practice and courtesy. We obliged, but we wrote the check prior to the issue of the transfer tax arising within the process of the closing. When the issue arose i was certainly irritated that the Chicago Title Insurance Company had missed the issue, but the skill of the agent assigned to the purchase in resolving the matter, made the tip well worth the money spent.

Closings are stressful and exciting at the same time and you must be prepared to think quickly on your toes while juggling interests from multiple parties. The bank, the sellers, the sellers attorney and the buyers attorney along with the title company. Be prepared and be ready.

First Closing

Today my wife and I are going to our first closing. We are buying a beautiful 4-family brownstone that needs a renovation and the love of an architect with a respectful eye. The architect in me is giddy with joy (more about that later), and I would say that we are both filled with optimism and the excitement of owning a small slice of Brooklyn. It must also be said that our enthusiasm is tempered with the sobering notion of being responsible for such a large portion of debt every month for the next 30 years. Yikes.

In the ideal world a closing is as much about the sellers as it is about the buyers. We have been honest with the sellers and we feel that they in turn have been very honest with us. Dealing directly with the seller and not via the broker has been a very rewarding experience for us in this transaction. I would almost argue that we have become friends and not simply two independent parties in a random transaction orchestrated by other people whose intentions are not necessarily aligned. It has made the process thus far to be very straight forward and I am amazed at what simply asking questions and being truthful can yield to what could otherwise be a very stressful purchase. In the end, the seller is excited because they are about to get a big check and make a nice profit on a piece of real estate, we in turn are excited about the prospect of owning a home and adding to our family. While we are nervous and somewhat anxious, the thrill is really incredible and one must remember to celebrate on such an important occasion if all goes well.

Fingers crossed!

A New Beginning

Hello, my name is Dutch Osborne and I am an architect with a keen interest in the built environment. I have been particularly fascinated with building since I was a wee child going traveling around in my father’s pickup truck and watching him be responsible on the job site for the daily myriad of challenges that arise in the process of construction. I was always impressed with the way my father not only worked with his clients, but all of the craftsmen and tradesmen. There was a profound respect for the tradition of craft and execution. Even long after retirement my father has remained close with all of his associates.  His approach to construction and design is one that I hope to emulate with my own career. Design and construction is a process about collaboration and takes real teamwork for a successful project. Success is a group effort. It is with great eagerness and anticipation that I have finally begun my own architecture and design practice, Craft.