Saturday, November 5, 2011

Owner Financing at Risk

Real Estate View: Dodd-Frank Act puts owner financing at risk
Dolores DeMers/For the Sun-News
Posted: 10/24/2011 08:49:57 AM MDT


Dolores DeMers is the president of the Las Cruces Association of Realtors and works with RE/MAX
Editor's Note: This is another in a semi-regular column written by members of the Las Cruces Association of Realtors.

LAS CRUCES - Throughout the years owner financing has been a great vehicle for innumerable buyers who are capable of making regular payments on an amortized loan, but who don't qualify for traditional mortgage loan products. A typical real estate contract using owner financing requires proof of ability to perform, a substantial down payment, an agreement to the terms of the contract - contract amount, length of repayment period, interest etc.

The owner may either service the installment payments or have all payments handled through an escrow company. Owner financing has worked well for generations in this country, but now parts of the Dodd-Frank Act will severely restrict owner financing and will do harm to buyers and sellers.

Here are a few highlights:

The seller cannot be the builder of the home being financed. Why would the government want to restrict a builder from selling his own product on terms that are satisfactory to the buyer, particularly when the buyer is having a difficult time getting conventional financing? Would it be better for spec homes to go back to the bank?

The loan must amortize fully with no balloon mortgage allowed. Many sellers offering owner financing are older than 50. How many are going to outlive a 30-year note? With no short term balloon in place and because of the length of the note, the seller will have to steeply discount the note if he chooses to sell it to another party.
Buyer has three years to rescind the sale. The seller must document the buyer's ability to pay using underwriting requirements consistent with the Truth in Lending Act. If the seller makes even one small error, the buyer has up to three years to rescind the sale and demand back all the money that has been paid to the seller. This is regardless of the benefit the buyer has gotten from the use of the property during the time he had it. This is unacceptable; buyers should have some skin in the game. Sellers do not carry errors and omissions insurance and generally do not have the cash reserves in their business plan to sustain such a loss.

Only buyers who are already eligible for conventional financing will be able to use seller financing. The seller must determine in good faith the buyer's ability to repay the loan. Any buyer who is capable of passing the underwriting scrutiny of the Truth in Lending act doesn't need owner financing. The buyers who need the helping hand of owner financing won't be eligible.

Seller limited to three installment sales per year. A seller must become a licensed mortgage loan officer if more than three properties are sold in a year using owner financing. There are many citizens in New Mexico who helped the people in their communities get started on the path of home ownership through owner financing. They helped their buyers start building financial wealth and equity through their first real estate transaction. What difference does it make how many properties are offered as installment sales in a year as long as the seller has determined each buyer has a reasonable ability to repay the loan?

The Dodd-Frank Act treats owner financing as if it were predatory lending. It is not. Please contact your elected officials in Washington, D.C. to protect owner financing from these sweeping rule changes.


Dolores DeMers is the president of the Las Cruces Association of Realtors and works with Re/Max

Sunday, June 19, 2011

Open Mic Sessions for Local Musicians

Published 6/17/11 in the Las Cruces Bulletin

The ‘Coyote’ continues to howl

By David Edwards

For the Las Cruces Bulletin

“We really are the grandfather of them all,” Bob Burns, founder of the Howling Coyote Coffeehouse and Open Mic, said. “We spawned the other open mics in town.”

Burns and his wife Melody started the Coyotein February 2005 and it really was an extension of something they did at home.

“When we were looking for a house to buy, one of the criteria was that it had to have a big enough living room so we could have music gatherings,” Burns said.

Burns had always thought that “Howling Coyote” would be a good name for a coffeehouse and it was always intended to be an open mic format.

At the time, the pastor at the Mastery of Life Center (now the Center for Spiritual Living) was very interested in having the church be a center for community activities. So the coffeehouse began presenting performance nights on the first and third Fridays of each month. Eventually, the Mesilla Valley Jazz and Blues Society also began meeting there. After four and a half years, the Coyote moved to a new space and is currently located at the First Christian Church on El Paseo Road.

Originally, the sign-up for performance started at 6:30 p.m. with the show beginning at 7 p.m., but the open mic became increasingly popular and the process switched to a lottery system with performers drawing numbers to determine theorder they appear on stage.

When all the performers are finished – the number is limited to 18, with each one allowed 10 minutes on stage – there is an open jam session which continues until everyone is ready to go home.

In addition to maintaining a positive, encouraging atmosphere – it is also family friendly with no alcohol or off-color material allowed – Burns is proud of the friendships and collaborations that have formed over the years.

“You hear someone play and they’re good so you ask them to play with you at a future gig,” he said. “There is a group called East Mesa that all met here and they are doing some really nice work together.”

Jack Rokowski is a fledging musician whose weapon of choice is the Hammond organ.

“If you are new in music, it is very productive to play in front of other people,” he said. “It’s really different than just playing at home. Howling Coyote offers that opportunity, plus you get to see what other people can do.”

“Our audiences are fun. They’re very encouraging,”Burns said. “They never make you feel bad– there’s no hook.”

Source: iTunes

If you are new in music, it is very productive to play in front of other people.

BOB BURNS, Howling Coyote founder

Thursday, April 21, 2011

Las Cruces Sun-News article rankles real estate community

Census shows owning home can be expensive, By Steve Ramirez sramirez@lcsun-news.com


Posted: 04/17/2011 11:57:03 PM MDT


LAS CRUCES - All Sally Balderama could do is sigh and acknowledge it as a necessary evil.

"Where does it all go," muttered Balderama, referring to the bi-weekly paychecks she and her husband, Rudy, bring home.

She said the rising prices have taken a bigger bite out of her family's checkbook than she initially realized.

"The nickel-and-diming really does suck out a lot," Balderama said. "But, man, the cost of essentials, like food, clothing, and the mortgage all seem to take out a lot more than ever before."

Balderama agreed the value of her dollar has noticeably shrunk. But she is part of a big club in Las Cruces: the one that includes 65.9 percent of residents who own a home and have a mortgage payment to go with it.

The average monthly housing cost for city homeowners was $1,108 from 2005 to 2009, based on 2010 U.S. Census data. For homeowners who didn't have a mortgage it was $308, and it was $662 for renters.

Las Cruces' housing costs are comparable to New Mexico's averages. Statewide, the median monthly housing costs for mortgaged owners was $1,158 - $50 more than the city's average, $295 for non-mortgaged owners, and $659 for renters.

Las Crucen Kyle Finch, an engineer, agreed the part of the American dream of owning your own home could be an expensive proposition. The latest Census Bureau data shows 33 percent of city homeowners with mortgages, 11 percent of those without mortgages, and 55 percent of renters spent 30 percent or more of their monthly household income on housing.

In Dona Ana County monthly housing costs are a little cheaper. For people with a mortgage it's $59 less, $13 lower for a homeowner without a mortgage, and $51 for renters.

"If I could've known then what I know now, I wouldn't have built a custom home," said Finch, who's mortgage payment is almost $1,700 a month. "I got what I wanted, but, boy, it's ended up being more of a drain on my family's wallet than I definitely would've hoped for. We've only had the house now for a little more than four years, and I'm not in a position yet where I can think about refinancing it. We'll just have to keep working harder, scrimping a little more, to work it all out."

But it could have been worse. The average monthly housing cost for Americans with a mortgage is $1,486, and $419 for those without a mortgage, $817 for renters. More than one-third of Americans with a mortgage, 50 percent of renters, and 16 percent of homeowners who have paid off their mortgage spent 30 percent or more of their income on housing from 2005 to 2009.

Steve Ramirez can be reached at sramirez@lcsun-news.com; (575) 541-5452.

This article created some ill-will towards the LC Sun-News among the real estate community. I spoke with the reporter about his content. He said the headline to the story was written by someone else and it was not his intent to suggest that renting a home is preferable to owning it. He was emphatic that it was more cost effective to purchase a home than to rent it.

My response to the newspaper is as follows, though it will be edited for size when it appears in the Op-Ed section of the newspaper soon.

On behalf of homeowners throughout our community and the nation, I feel a response is warranted to the front page article, “Census shows owning home can be expensive,” April 18, 2011. I have spoken with the reporter, Steve Ramirez, who had no part in writing the headline. He told me his article did not suggest owning a home could be more expensive than renting. Maybe not, but his article did say “part of the American dream of owning your own home could be an expensive proposition.” We rely upon journalists to present the facts so the readers understand all the issues of a topic. It’s time to review real facts about home ownership.

When you own a home, you either own it outright or you make regular payments on it that build equity. The alternative to home ownership is to pay rent, or be homeless. Renting is a great option for people who don’t want a long term commitment, but there is no return on the investment. Owning a home contributes to financial wealth, renting a home deducts from it. In my conversation with Mr. Ramirez, he agreed that renting a home is much more expensive than owning it.

However, the topic of real costs/benefits of home ownership vs renting is much greater than dollars spent. There have been many scientific studies done over several decades on these themes. Here is what we know for sure: People who own their home have greater educational achievements and earn more income, and they encourage their children to do the same. They tend to manage their money better. They are more involved in civic matters and more likely to vote. They volunteer more often and contribute more to charity. They have more control of their lives, and better physical and mental well-being. They maintain their homes and look after their neighbors. There is less crime in neighborhoods having owner occupied homes and less need for public assistance. The children of homeowners are less likely to drop out of school, have teenage pregnancies, or get involved in criminal behavior. The overall benefits of home ownership to the community and the nation compound as you go from one socio-economic indicator to another. On a personal level, home ownership is a decision that financial planners favor. But at the local or national level, it is a good indicator of a stable society. Regardless of the economy, the merits of home ownership remain as steadfast as ever.

Tuesday, April 19, 2011

Article from Las Cruces Bulletin Neighbor to Neighbor 4/15/11

One of my duties as President of the Las Cruces Association of REALTORS is to write articles for the Neighbor to Neighbor published by the Las Cruces Bulletin.  It is reprinted here with permission.

Is homeownership relevant?Real estate has had much negative publicity since the downturn in the real estate market caused some hom­eowners to feel their home might be more of a risk than an asset. I felt this topic should be addressed directly in my first article as president of Las Cru­ces Association of Realtors.

The real estate sector in this country has taken a beating the past few years, and many peo­ple are wondering if homeown­ership is right for them. We’ve had chronic negative publicity about the meltdown of the real estate economy. All of us were harmed by speculative buying and risky mortgage products, however, most people are paying their mortgages on time, every time and they love their homes.

Yes, real estate market values have decreased in this correction cycle, but they will improve over time. A home is not a cash cow, but as part of a financial portfolio, it is more stable than a wildly fluctuating stock market.

There is a larger picture of homeownership. It is incred­ibly important to the struc­ture and quality of life of any community. People who own and live in their homes have a strong interest in taking care of their investment.
They care about what is going on in their neigh­borhood and the direction government leaders are tak­ing. They’re more motivated to communicate with their elected officials.  Homeowners are more likely to participate in civic leadership. Renters, by the nature of their tenancy, gener­ally do not share in this level of stewardship.

The difference between a neighborhood of owner-occu­pied homes and a neighbor­hood of tenant-occupied in­vestment properties is a very compelling argument for pro­moting home ownership in every possible way. There are good landlords and property managers who do an excel­lent job of maintaining their investment portfolio, but a bad landlord or low-quality tenant can be like a virus, spreading disease and decay to the property or neighbor­hood and beyond.

Homeownership is as rele­vant today as it ever was. Hom­eowners have more control and personal satisfaction in their lives, and more commitment to their communities. It is in everyone’s best interest to get the real estate market back on track. With the interest rates still at his­toric lows and the low market pricing, the buyer with a real­istic down payment and view toward the long-term com­mitment is in a good position for one of the best times ever to participate in the American Dream of homeownership.

Tuesday, June 22, 2010

Las Cruces Aquatic Center


The Las Cruces Aquatics Center is shaping up to be a very attractive building. It should be ready for use by 2011. Crucens have been wanting a year round indoor swim facility for decades and this one will meet the needs of those who want or need the benefits of aquatic exercise.

How did this come about? The Las Cruces Aquatics Team rallied for years to get bond issues passed so that a quality swim meet facility could be built. Finally, the issue passed and financial times were good and the plans were to have a swim facility suitable for competitive swim meets. Then the economy changed, and the funding got manipulated several times. The city was in a terrible situation. Obviously Las Cruces would not be able to build the scope of facility it had originally planned.

Ultimately, the planners and designers worked out a solution to go ahead and build the full original shell of the building--with the intent to complete certain sections when the funding became available. It was an elegant solution because the infrastructure is now in place for the future and it will be much easier to get the work underway.


On the downside, when the Aquatics center opens in the near future, it will not be equipped with a pool for young children and it will not have pool for competitive swimming--the two things the Las Cruces Aquatic Team lobbied for years to have.

The Aquatics Center will have a lap pool, a therapy pool, a lazy river with a current that will make you work to navigate its length, and an exercise studio on the second floor.


The building is very attractive, both inside and out. The exterior windows are equipped with louvered, flat awnings that flank the length of the window walls from top to bottom. These awnings are amazingly efficient at controlling the heat gain during the day and eliminating glare from our intense New Mexico sunshine.

The day my Leadership Las Cruces class visited the facility, it was about 100 degrees outside. The only kind of cooling inside the building was ventilation from the big contractors fans. It was very comfortable in the building.

Monday, May 24, 2010

White Sands - a beautiful sand box



The White Sands National Monument is about one hour and 15 minutes east of Las Cruces via Hwy 70. Right after you go through the Border Patrol check stop you'll come to the entrance to White Sands. There is a visitor's center that sells books, White Sands memorabilia, gifts, food and soft drinks. The gift shop has always been too small, but every now and then you'll find something that you just have to buy. I've never seen them carry the sledding disks, which kind of amazes me because they would sell and sell and sell.

Each time I go to White Sands National Monument there is so much anticipation. I cannot wait to drive all the way through the dunes to the very last area where you can park your car, then I get started on my hike on the trail that leads to the western edge of the dunes. Here's the way it works. It's a long, meandering hike, about 4 1/2 miles--up, and over, and along dune after dune after dune. The dunes are undulating, meandering, shifting things. You must keep your eyes on the alert for the trail posts to keep yourself on track.


Sometimes you're walking on the playa lake pavement, other times your on top of the dune leaving the impressions of your footprints, and other times you must negotiate the slip face of the dune. It's a great workout, and you should not attempt this trail unless you are in fairly good physical shape. If you were stressing about things before you started the hike, by the time you get back to your vehicle you'll be cleansed.

It's been a couple years since I hiked this trail and I cannot even remember the name of it. It takes you to the western edge of the park to the White Sands Missile Range area, and its origin, Lake Lucero. If you go to White Sands you'll find the schedules for the Moonlight Walks (very beautiful and romantic) at White Sands, how to make reservations to take the tours through WSMR to get to Lake Lucero, and much more. White Sands is very popular. It's interesting to note that at Thanksgiving and Christmas they have both morning and afternoon tours set up to Lake Lucero to handle the additional out of town guests

New Mexico is home to many great hot air balloon events. White Sands has theirs in the late summer. This is a wonderful way to spend the early morning with friends and family. Be prepared to see balloons from all over the country. It's very cool seeing the balloons lift up above the beautiful white gypsom sand.

What to wear when you go to White Sands? Sunscreen with at least 30 spf, comfortable, play clothes, shoes that will work with you when you're trying to climb up the slippery side of a dune, sun glasses that have UV coating, and a good wide brimmed, well ventilated hat. Bring plenty of water to drink because there are NO drinking fountains.

Thursday, April 29, 2010

What's to like about Las Cruces?

What do I like about Las Cruces? Let's see . . .
  • The natural beauty of the area is breathtaking
  • The climate is mild compared to other regions in the country
  • People seem to be more kind and open to each other here
  • There are festivals, gala events, exhibits, theater productions, and so much more going on everyday, which is amazing for this little city of around 100,000
  • New Mexico in general has more artists per capita than any other state in the nation. Las Cruces has over 80 organizations devoted to various artistic talent
  • NMSU is a huge draw for diversity in research and academics
    The farmers here are able to grow various crops almost year round. We are famous for our high quality green chilies and pecans. We also produce globe onions, cabbage, cotton, alfalfa, corn, jalapeno chiles, and more.
  • If you live in an area where the river soils are near the surface, you can grow amazing peaches, figs, pomengranates, strawberries, tomatoes, and much, much more
  • We have about 350 days of sunshine each year--the quality of light is what attracts so many artists
  • There are plenty of beautiful public lands nearby where you can enjoy day hikes for almost no expense"

These are just a few top of mind things that came to me in a short five minutes.

Saturday, April 17, 2010

Spaceport America - north of Las Cruces


On Friday, April 16, 2010, my Leadership Las Cruces classmates and I went to the Spaceport. Everyone of us was thrilled that we got to see this amazing portal for future space travel under construction. The construction materials and methods being used on this massive project will make it a LEED Gold certified compound.


LEED stands for Leadership in Energy and Environmental Design. A LEED certified building/project is designed to be efficient in many ways. From design to completion, standards are set and verified for energy efficiency, use of locally available materials, reduction of construction waste, re-use of salvaged materials, minimal impact to the environment, appropriateness of location for the project, minimal use of toxic substances or products that off-gas, smart orientation of structures to maximize natural daylighting and ventilating, and so on. The highest LEED designation that can be obtained is a Platinum--the Spaceport America falls a little short of being a Platinum, but it is a strong Gold.


Here you can see the runway. It is still under construction. It is 200 feet wide by 10,000 feet long. It is about 4 feet thick because it has several sub-layers to it. The top surface is a monolythic concrete layer with expansion joints about every 20 feet. The runway is near completion.


From the runway we went to ground level of the terminal. We were not allowed to get close to it because of the construction activity.

Then we went to the massive water tank. It is designed to hold over a million gallons of water. The water has not been pumped into it yet so we were able to go inside it and see what the inside of a massive water tank looks like. It's round, made of tons of structural steel and surrounded by massive metal plates all carefully fitted together so that it is all seamless. It was pretty hot inside because its a big metal structure with no ventilation.

While we were still inside the structure our tour guide and classmate, Aaron Prescott, had us all shout "LEADERSHIP!" on the count of three. The sound echoed and reverberated for a very long time. It made a big impression on all of us.

The tank will store non-potable water to be used in the event of a space vehicle in crisis, or other critical need. The capacity of the tank and the pumping capability are designed to handle two major critical events at the same time.



Then we went to the firehouse and administration building. It will be a big round building. The contractor will soon be arriving to create the shell of the building. The shell will be inflated and then the concrete surface will be sprayed into the interior. It will be a multi-layered process with structural fittings and more concrete. I wish I could be there when it is being fabricated.

Lastly, we drove up the berm that leads to the Virgin Terminal entrance. This took us up about to the third storey of the terminal. Like the other structures on the Spaceport campus, the terminal building is designed to have minimal visual impact on the horizon line. The area is surrounded in all directions with distant mountain vistas. Every effort has been made to ensure those panoramic views are protected.



What you see in the picture above are the terminal structural bays. There are four of them, each on the corner of a big rectangle. The entrance to the building is through the long spine that leads into the center reception area.

This is going to be an amazing facility when it is completed. With all the LEED design that has been invested in its creation, the structure should last well into the 2100s. I am very proud and happy that our Leadership Las Cruces class was able to get permission for a very specialized, up front tour of the facility in its early stages of construction. On behalf of the Leadership Las Cruces, we owe the Spaceport America a debt of gratitude for giving us this opportunity.

Monday, April 12, 2010

Lead Based Paint Renovations & Repairs

April 2010 brings in a new slate of regulations for contractors who get paid for any renovations or repairs on older homes or residential/institutional facilities where children might be present. Both the Environmental Protection Agency (EPA) and Housing & Urban Development (HUD) have launched a massive educational and compliance compaign addressing the issue of disturbing lead based paint in renovations of properties that were built prior to 1978.

This new layer of regulations for renovations in older properties is because lead based paint dust is extremely toxic to young children. The old thinking was lead based paint was dangerous because children would nibble on the old sweet taasting paint. Now they know the paint dust is infinitely more dangerous because is inhalable, nearly invisible, and it will settle everywhere.

Any homeowner or building manager of an older property who is planning to hire a contractor to do renovations where over six square feet of surface area will be disturbed must get a contractor who is certified to do Lead Based Paint Renovations & Repairs. This would include things like replacing doors & windows, stripping or sanding down old surfaces, or knocking out walls.

The contractor(s) must contain the work area, minimize dust and clean up thoroughly. A certified contractor will document the work process and be able to provide proof the project was completed according to EPA guidelines. The property owner needs to keep this documentation for future disclosure and reference in the event the property is sold.

The Las Cruces Building Industry Association, BIASNM, will be hosting a course on May 13, 2010 to educate contractors about the new standards and get them qualified as EPA Lead Certified Renovators.

Sunday, April 11, 2010

Gardening & Landscaping in Las Cruces

If you live in Las Cruces and want to have a beautiful garden or landscape, you have to select plants that can thrive in our soil types and arid climate. The area around Las Cruces transitions from rocky mountain soils to sandy soils to clay soils near the Rio Grande. Likewise, the water table can be as far down as 400 feet at the mountain foothills to 5 feet near the river. Depending on the location, the wind may be constant if there is little vegetation to slow it down. With the intense sun exposure and heat of the summer and the lows into the 20s in the winter, we need landscaping plants that are very hardy and that can handle the extremes of our area.

When I moved here in 1993, I had to spend quite a bit of time learning about the challenges of landscaping and gardening. I didn't know anything about gardening in the desert. Here in the Mesilla Valley we're in the Chihuahuan Desert--which is a higher elevation than the other deserts in the west. The books available on gardening generally do not cover an area like ours. Even desert gardening books do not address the conditions that we have here because they are written for much lower elevations like Phoenix or San Diego. The elevation of the area rises from around 3,600 feet in the river valley to over 4,600 feet at the foothills. Gardeners in the Las Cruces area share information with each other and are well advised to use native, xeric, and/or extremely hardy plants from equally challenging parts of the world. What I know for sure is you are wasting your time and money if you select plants that are not suited for the intended location.

Particularly in higher elevation locations further away from the river, vegetable gardens are more likely to have success if they are in raised beds with plenty of rich compost and some shade from the intense sun. The benefit that gardeners have here is the extra long growing season. The last frost date here is around March 15 in the Spring, and the first frost date in the Fall is around November 15.
There are several good sources for finding native plants and seeds for your landscaping and gardening needs. One local nursery that specializes in native plants is Enchanted Gardens. There are also several plant and seed companies in New Mexico that grow and sell live native plants and/or their seeds. Two that come to mind are High Country Gardens and Plants of the Southwest, both are based in Santa Fe.

Starting native plants from seeds takes a special skill because many native plants have highly variable mechanisms for getting started.

The Dona Ana County Extension office offers a course for people who want to become Master Gardeners. It is a highly developed course drawing on the experience of local experts who volunteer their time to train a new class annually. The brain trust keeps growing as the Master Gardener graduates commit to share their knowledge and experience with the community.

I hope to be doing a video soon with my friend, Jackye Meinecke, who is an expert gardener and nursery owner. She has an incredible wealth of knowledge on what plants will work in the various soil types and exposure to the elements.

Dripping Springs

This is my first blog post about what it is like to live in Las Cruces. I’ll be talking about events, places, and people. I’ll be drawing on the expertise of others to produce this blog and have some great fun in the process.



My first entry is about Dripping Springs, a Bureau of Land Management recreational area. I hiked there with a friend yesterday. Dripping Springs is east of Las Cruces. It is a very beautiful area on the west side of the Organ Mountains. The views are panoramic looking westward—there are mountain ranges to the south, west and north. You get a glimpse of the river valley and all the agriculture it supports. To the east you have dramatic, spectacular, highly varied mountains. The Organ Mountains are beautiful no matter what time of year it is, but when you’re right up there in them it feels like all the problems in the world have fallen away. It’s truly wonderful.


In the late 1800’s there was a resort hotel very near the springs that flow from the steep rock face. It is in ruins now, but at one time it was a wonderful place to escape from the heat of the summer.


There was also a tuberculosis sanitorium on the other side of the springs. The rock buildings are mostly gone now, but you can still see the foundations of where they were. There is still a wood frame house built on stilts that has a decent metal roof on it so the structure isn’t falling apart the way the other rock buildings did.


It’s very interesting to go to Dripping Springs because of its history and beauty. The hike from the visitor’s center is about 1½ miles to Dripping Springs. People need to be in fairly good physical condition because the trail is a continuous incline up the mountain, and it’s a little rough.


The cost to park your car and hike any of the several trails at Dripping Springs is $3/carload, or $20/year which would include all the BLM recreational areas.