March, 2007

Smart as a Tax

There are two words around here lately that have struck fear into the hearts of government bureaucrats: structural deficit. It seems that our fair Old Line State needs to seriously overhaul its revenue system in order to meet the challenge of the 21st century, because right now we are looking at falling billions short in the next few years. Our new Governor, to his credit, has asked the General Assembly to give him until next year to study the state government, its structure and revenue sources, so that he can propose a comprehensive plan that will streamline government and try to wring out savings there, as well as changes to the revenue structure that will hold tax increases to a minimum. While delay might seem to be a bad choice, the new administration is only a couple months old, and fully realizes that it will bear the political brunt of whatever solution is put in place. Therefore, they want that solution to be as well-reasoned as possible.

But its rare that adjective well-reasoned can be applied to the knee-jerk approach of a Legislature in full throttle. Many in the House of Delegates and the state Senate want to pass taxes now, in the ‘lets bandaid the problem before it starts to make really bad headlines’ approach.

One of the brainchildren of this group-think is a tax on services, like the sales tax which applies to purchases. This, of course, includes real estate commissions. I’m hoping that the Governor is able to hold off the boneheads who came up with this idea.

My commission is already taxed as income, so now they want it taxed before it gets to my hands, an effective way to double tax a profession. As competitive as real estate is, I’m not sure that we would be able to pass this tax along to the buyer or seller of property — commission rates have already dropped significantly in the last decade.

But let’s say our brokerages find a way to pass this along to the buyer or seller. Maryland already is near the top of the list when it comes to real estate transaction expense. All this will do is make buying and selling property even more expensive, and no doubt catapult us to the top of the list of most expensive settlement cost states. That’s a distinction that we don’t want or need.

Local government has reaped an enormous windfall from the real estate boom of the last few years. So has the state treasury. How much gold can they suck from this golden egg, before the hollow shell is crushed?

Stay tuned… the boneheads in Annapolis might just be willing to find out.

4/2/2007 UPDATE:

The legislature did not move this tax onto the floor in either house. Fortunately, the Maryland legislature doesn’t sit in session but from January to April each year, so they have effectively killed the idea for this session. Be thankful we don’t have a year-round session.

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Don’t Sit Under the Lending Tree…

I have long discouraged my customers and clients from using online lenders. As far as I’m concerned, if they don’t have bricks and mortar in the state in which you are residing, who knows what laws govern their operation? What real estate laws and customs are they familiar with? And when mortgage brokers — who DO have bricks and mortar in the neighborhood — can be such problem sources that the State of Maryland has finally begun to regulate and license all mortgage officers, who is looking over the shoulder of the online lenders?

I’ve heard of many situations where out of state, online based lenders balk at the settlement table because they are unfamiliar with Maryland idiosyncracies, such as ground rent, and where buyers find their loan paperwork looks nothing like what they were promised, as far as interest rate, penalties, payments, etc. But a recent article in the New York Times (11/12/2006) brings the ethics of two such online lenders into question.

Bankrate.com and LendingTree.com seem to have been caught with their hands in the cookie jar. A class action suit was filed against Lending Tree last October, claiming that despite their advertising claims that mortgage lenders compete for the buyers who come there, Lending Tree in fact diverts all buyers to their own in-house lender, Home Loan Center, Inc. Home Loan Center then functions like a regular mortgage broker, a reseller of loans from other companies. But no rate comparisons are made, so its unclear whether those companies are actually ‘competing’ for Lending Tree customers, or whether Home Loan Center just makes a scad of money from their own fees.

So all those bankers in the commercial actually work for one company. Lending Tree. Hmmmm.

Bankrate.com settled a class action lawsuit last October in which customers claimed that the lenders advertising on that site promised rates they did not deliver. Bankrate paid $3 million to the plaintiffs, without admitting guilt. That’s a lot of money for an innocent company to pay out, just to keep the trial from going forward. Makes ya wonder, doesn’t it?

So, who IS watching these companies? Seems like just the trial lawyers. I’d keep that in mind the next time you’re looking for a home loan.

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