Arizona Attorney General on Loan Modification

AZ Attorney General Terry Goddard had the following to say regarding mortgages and loan modification.  This quote shows that he has a better picture of what is happening in our economy than most, and it makes me hope that he’ll try a run for governor soon.  On his Facebook page, Goddard says:

“It is in the best interests of all concerned parties – borrowers, investors in mortgage-backed securities, servicers, communities and the nation’s economy – to, whenever possible, avoid foreclosures by modifying loan terms to make them affordable for borrowers”

Thank you Mr. Goddard!

Pool Barrier Laws - Not Just for Homes with Children

Pool Barrier Laws - Not Just for Homes with Children
By Diane Cole, AAR Communications Director
as seen in the Arizona Republic, June 2002

Is a wall around the yard all I need to satisfy pool barrier laws? Do I need a fence around the pool as well? Can I just keep the gate and sliding door locked? How well do you know pool barrier laws?

In 1991, Arizona passed the pool barrier law, Arizona Revised Statutes (A.R.S.) § 33-1681, requiring an enclosure surrounding the pool area. The law allows cities and counties to adopt their own ordinances, “…provided that the ordinance is equal to or more stringent than the provisions of this article.” Ordinances vary widely between cities and counties; homeowners and buyers need to research the laws carefully to make sure their home is in compliance.

According to Greg Conrad, City of Phoenix Development Services Supervisor, most violations are caused by not using or not maintaining barriers properly. Tickets for code infractions in Phoenix cost $50-$2500; failure to comply can result in criminal action with six-month jail sentence and fine. In Tucson, the most common violation is not having self-closing, self-latching gates or the gates don’t work properly.

To help you gain a basic understanding of Arizona’s pool barrier laws, this column will answer some of the most common questions.

• What is a pool barrier?
  Generally, under state law, a fence or wall separating the pool from the house or a motorized pool cover requiring a key switch to operate are considered pool barriers. Fences or walls must be at least five feet high with openings no more than four inches wide. If doors or windows give direct access to the pool, doors must have self-latching devices and windows must not open more than four inches. City and county ordinances may be different.
• Who is required to have a pool barrier?
  A.R.S. §36-1681 requires that all residential swimming pools are enclosed by a barrier. Families with children under six must also have a barrier blocking access to the pool from the house. Homes where all residents are six years of age or older and homes with pools built prior to the effective date of the law are exempt under state law, but be aware that some city and county ordinances differ. Some require homes built before the effective date be brought to code if remodeled or sold, regardless of the age of children residing in the home.
• I’m ready to make an offer on a house with a pool. What information should I receive?
  The Arizona Association of REALTORS® (AAR) Residential Resale Purchase Contract, used in most resale home transactions, includes a “Notice to Buyer of Swimming Pool Barrier Regulations,” in which the buyer and seller acknowledge the existence of state laws as well as possible county and municipal laws, and the buyer agrees to investigate and comply with these laws. The seller is required by law to give the buyer a copy of the pool safety notice from the Arizona Department of Health Services. The Contract also requires the buyer be given a Seller’s Property Disclosure Statement, which discloses any known code violations on the property.
• The house I want to buy has a fence around the pool, but it doesn’t meet code. Who is responsible for bringing it up to code and how long do we have?
  The AAR Purchase Contract states: “During the Inspection Period, Buyer agrees to investigate all applicable state, county, and municipal swimming pool barrier regulations and, unless reasonably disapproved within the Inspection Period, agrees to comply with and pay all costs of compliance with said regulations prior to possession of the Premises.” Check city and county ordinances for their specific requirements.
• We have an above-ground pool in our backyard, so we don’t have to worry about pool barrier laws, do we?
  Above-ground pools are covered by the same state legal requirements for an enclosure around the pool. The pool must be at least four feet high with a wall that is not climbable and steps or ladders that are locking or removable. Again, check city or county ordinances for different requirements.
• Where can I find pool barrier information?
  • Start with your city and county. A list of the departments overseeing pool barrier enforcement and additional information can be found on the AAR website.
  • Some cities and counties have ordinances online, www.az.gov.
  • Read the state law online, www.azleg.state.az.us/ars/36/01681.htm.
  • Other resources:
    • Consumer Product Safety Commission, www.cpsc.gov
    • “Urban Survival - Life Safety Planning” - brochure from the Phoenix Fire Department, in English and Spanish; call 602/256-3179

 

Reprinted with permission from the Arizona Association of REALTORS.

10 Ways to Make Your House Greener

Everybody’s talking about the importance of eco-friendly living. We found some of the coolest and smartest products - at every price point - to help home owners do their part for the environment.

By Wendy Cole | February 2009

 

Smokefree Fireplace

As chic as it is eco-friendly, the EcoSmart Fire system gives you the pleasure of a fireplace without the pollutants. The self-contained unit is fueled by clean-burning denatured ethanol, a renewable resource. These portable fire boxes can be placed anywhere inside or outside a home since they require neither a utility connection nor a chimney. To make this green product even greener, the company will plant two trees on the buyer’s behalf for every unit purchased. Cost: Models range from $2,100 to $11,500. www.ecosmartfire.com

 

Vintage Year for Wall Tiles

Old wine bottles and other recycled glass get a new life as exquisite, glossy tiles suitable for kitchens and bathrooms. Glass donated by the public is sorted by color, ground into granules, and turned into tile by high-temperature fusion. Bedrock Industries introduces no colorants or oxides to the production process, which has saved hundreds of tons of material otherwise destined for landfills. Also, 100 percent recyclable material is used for shipping. Cost: Tiles start at $36 per square foot. www.bedrockindustries.com

 

Composting for the Masses

Instead of tossing food scraps in the garbage, NatureMill’s fully automatic and odor-free composter will recycle up to 120 pounds of kitchen waste, including paper, per month. A built-in computer on the 17-pound unit (20 by 20 by 12 inches) controls the mixing, heating, and aeration process. After two weeks, a red light pops on as a reminder that your composted fertilizer is ready for immediate use on your garden or lawn. Compost can also be piled outdoors until you need it. A NatureMill composter can recycle its weight in waste every 10 days, diverting more than two tons of waste from landfills over its life. Energy use is just 5 kilowatt-hours per month. Cost: Prices start at $299. www.naturemill.com 

  

Your Plants (and Lawn) Have Your Number

You’ll never overwater another houseplant with the Botanicalls system. Digital sensors in the soil let your African violet or potted palm text message you when it needs water or light. The unit will also send a texted “thank you” after the plants’ needs have been met. The do-it-yourself kit offers a connection to your leafy green pal via Twitter. You can view status updates online or have them routed to your mobile phone. Botanicalls comes with all necessary parts to set up a soil moisture sensor communication system, even a leaf-shaped circuit board. While human intervention is necessary for the actual watering, the reminders are a novel means of keeping houseplants healthy so they can help reduce levels of carbon dioxide in the atmosphere. Cost: $99. www.botanicalls.com

A bigger water savings may come from Cyber-Rain XC, which lets you hand over the chore of watering your lawn to your Windows PC. Here’s how it works: Your sprinkler system receives information wirelessly from Read more »

Homes Sales to Increase in 2009

 
We all know the first half of 2009 will be challenging, to say the least.  But how are we going to look by the end of 2009?  Well, the National Association of REALTORS announced their projected sales numbers for 2009 and for the first time in years the projections aren’t all bad, in fact by the end of 2009 most housing numbers are expected to increase.

The good news, after 2 years of falling home sales, the NAR estimates a 6% increase in existing home sales in 2009.  They also project a slight increase in the median home price from $198,600 in 2008 to $200,800 in 2009.   It may be a small increase (1.1%) but it’s a major improvement from the previous years -9.3% drop.

The NAR also has a number they refer to as the affordability index, which relates the median price of a home to the median income of buyers.  Right now it’s at 131, which means that a buyer making the median income has 131% of the income necessary to buy a home priced at the median price.

That’s a mouthful, but what it means is that homes are more affordable now than in a long time, and home sales are expected to be up 6 or more percent in 2009!

If you would like more information about investing in Arizona real estate or Phoenix foreclosures and REOs contact Jim and Kathy at jimandkathy@allynassociates.com.

Source:  January 2009 issue of REALTOR magazine

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Short Sales Can Benefit Everyone

Short Sales and foreclosures made up over 40% of sales in the third quarter of 2008 making short sales commonplace in the Phoenix area.  Without experience and persistence a short sale can be very challenging to close.  But before we get into the details of short sale challenges let’s answer a very basic question, What is a Short Sale? 

A short sale is when a mortgage holder accepts less for the property than what is owed.  It’s that simple, but seeing the sale through to the finish can be a long and arduous process.  Each financial institution is different, I’ve seen Short Sales take anywhere from 6 weeks to 6 months to close, the average usually falling somewhere in the middle.

The first step is to call your lender, discuss your situation and the possibility of a short sale.  Request information on their short sale process and a ”Short Sale Packet.”  Next, talk to your REALTOR about listing your property.  You may need an offer on the table to get the lender to look at your packet, so be sure to discuss the offer and approval processes with your lender.   And as with all major financial decisions you should consult your Accountant and/or Attorney to discuss the financial implications.

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What is a Short Sale?

 
Short Sales and foreclosures made up over 40% of sales in the third quarter of 2008 making short sales commonplace in the Phoenix area.  Without experience and persistence a short sale can be very challenging to close.  But before we get into the details of short sale challenges let’s answer a very basic question, What is a Short Sale? 

A short sale is when a mortgage holder accepts less for the property than what is owed.  It’s that simple, but seeing the sale through to the finish can be a long and arduous process.  Each financial institution is different, I’ve seen Short Sales take anywhere from 6 weeks to 6 months to close, the average usually falling somewhere in the middle.

The first step is to call your lender, discuss your situation and the possibility of a short sale.  Request information on their short sale process and a ”Short Sale Packet.”  Next, talk to your REALTOR about listing your property.  You may need an offer on the table to get the lender to look at your packet, so be sure to discuss the offer and approval processes with your lender.   And as with all major financial decisions you should consult your Accountant and/or Attorney to discuss the financial implications.

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The Arizona Roadrunner

Beep Beep!  Everyone knows this local resident, either from the Saturday morning cartoons, or from seeing him zip across the road as we drive by. Just like in the cartoons, it can’t fly very far, but it can run up to 17 miles per hour.   This ground cuckoo is a fixture all over our state, and many people even believe they’re the state bird.  (They aren’t, it’s the Cactus Wren).

Roadrunners are fast and strong enough to catch and kill rattlesnakes, grabbing them by the tail and cracking their head against the ground like a whip, and they’re quick enough to grab a hummingbird or a dragonfly out of the air.  They typically eat their prey whole, and they sometimes will be seen with a snake dangling out of their beak,  eating it slowly over several days, as it digests.

In the deserts of Arizona, the Roadrunner will often mate twice a year, just prior to our early spring and late summer rainy seasons.  These large, crested birds make nests of twigs and grass in the low branches of trees and bushes.  After the eggs are laid, the male takes over and sits on the nest.   As the eggs begin to hatch, the smaller chicks are often eaten by their parents, until there are only 3 or 4 left.  The babies leave the nest after 18 days or so, and after a couple of weeks they go off into the desert to make their own way in the world.

And it’s a hard world for Roadrunners.  Coyotes really are one of their biggest predators, along with hawks, owls, bull snakes, rat snakes, skunks, and housecats, and in cold weather, many die from exposure.

The Roadrunner is a pretty secretive guy, so when you get a glimpse, be sure to take the time to watch them go about their business!

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The Desert Ironwood

The Desert Ironwood, or Arizona Ironwood, only grows in the valleys and washes of the Sonoran Desert.  Found mostly in sandy washes where there is water available, this slow growing tree is drought deciduous, and loses all its leaves during dry spells. 

Ironwoods are very important to the desert community, since it is a nurse plant to many others in the area, including the Saguaro, Organ Pipe, and Barrel Cactus, as well as other plants that require shelter when they’re young.  It belongs to the same family as the pea, and the flowers and leaves are similar to the sweet pea.  Native peoples have long used these pretty little flowers as medicine, treating poor digestion and other stomach ailments.

The beans of the Ironwood are eaten by many of the animals that live here and when they’re toasted, they are said to taste like roasted peanuts.

The ironwood tree is the largest tree in the Sonoran desert, sometimes growing up to 30 feet tall.   It has been known to live to be 1500 years old, and since it is very slow growing, it’s often seen with plants that started out beneath it growing up through its branches.

This tree is famous the world over for its dark, dense wood, one of the hardest and heaviest known.  The wood is so valuable that a large quantity is cut illegally every year from public lands.  Legend says that carvings made from the beautiful wood bring good fortune and luck to the owners, but it seems that it’s not good luck for the Ironwood, since the quantity of trees remaining is getting smaller every year.  They make a great landscape plant, so be sure and add them to your yard!

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The Peralta Massacre

It is said that the powerful Peralta family had been operating several successful gold mines in the area of the Goldfield and Superstition Mountains during the mid 1800’s, and that they were making frequent trips home to Mexico to deliver their gold. 

In 1848, while the United States was in the process of taking possession of the lands to the north of the present-day Mexican border, the Peraltas brought in a large group of miners and made a last minute push to recover all the gold they could before they lost their mines.  Legend has it that while these men were returning to Mexico with their mules loaded with gold, they were set upon and massacred by marauding apaches.  The raiding party supposedly took the mules, and the saddle bags, but they left the piles of useless gold rocks behind. 

There were reports in 1912 or 1913 that a couple of prospectors found a substantial amount of gold ore at the site of this massacre, $18,000, a considerable amount of money in those days!  To this day there are people who insist that this area is still haunted by the spirits of the miners, and the Massacre Grounds are a popular hiking destination on the western end of the Superstition Wilderness.

Of course, as with almost all the stories about the Superstitions, there are experts who dispute the origins of this story, or whether it happened at all.  There are no records of the Peraltas mining in this area, but they did mine in California, and they fraudulently sold huge areas of the land around here after their mines failed. But in spite of these “facts” true believers will tell you that these experts just want to keep others from delving any deeper into the mountain’s history.

In the 1950’s , sandstone maps supposedly leading to some of these mines were found in the area, and now have become part of the legends of the Superstitions.  Copies of the maps are now on display at the Superstition Mountain Museum.

Legend has it that a few of the Peraltas survived the massacre, and that one of them showed Jacob Walz, the infamous Lost Dutchman, where the mine was…but that’s another story!

 

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Gambel Quail

This post, I decided to profile of one of our most common neighbors out here in the Superstition Mountains, the Gambel’s Quail. 

These little guys swarm all over the foothills, running in gangs called coveys.

Quail are mostly monogamous, and the male will raise the brood if the female is killed.  The flocks usually consist of up to 20 birds, mostly sisters and children of the original pair.

They have a regular cycle in their reproduction, and some years (mostly wetter years) have much higher populations than others. 

The Gambel’s quail is food for just about every predator out in these deserts, so a good year for the quail is a good year for all the other wildlife.  Coyotes, bobcats, hawks and owls, and even Roadrunners have been seen preying on these little guys.

They seem to prefer running on the ground to flying, but they can fly explosively fast and as high as they need to when they are startled.

Many people put out food for the birds here, but it pays to remember that a birdfeeder is a snake-feeder as well.  If you have a lot of quail, you have a lot of predators.

 

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Three Steps to Safety – When you go away

A little prep before your vacation can help make it easier to relax while you’re away.  These three things will help to keep your home from looking vacant and help ensure you find things as you left them.

1. Ask a neighbor to collect your mail and newspaper, and offer to return the favor.
   
2. Put an automatic timer on at least two lights and a radio (an oscillating fan can also give the appearance of movement in the home). Consider photoelectric sensors to turn outside lights on and off automatically.
   
3. Tell a trusted neighbor when you’re leaving and when you’ll return. Include an itinerary and phone numbers where you can be reached in an emergency.

 

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Choosing Low-water Plants - Xeriscape

In most parts of Arizona water is a precious commodity, making xeriscaping or xerigardening an essential part of successful gardening in Arizona.  Here are a few ideas that can get you started on that low-water garden.

Indigenous or native plants will likely need less supplemental moisture most years than non-native species. The native species have evolved under the local conditions and usually have well developed mechanisms for surviving extremes in the weather.  In addition to being well adapted, native plants can be some of the most beautiful highlights of your garden.

This doesn’t mean you’re limited to native plants or your typical low-water plants such as cacti, succulents or narrow leafed evergreens.  There are plants found growing in coastal or mountainous regions that have developed mechanisms for dealing with extremely sandy, excessively well-drained soils, or rocky cold soils in which moisture is limited for months at a time. 

There are also many herbs that adapt well to our arid conditions and are beautiful as accents or centerpieces of your garden.

Some plants adapted to sunny, dry conditions are: Yucca gloriosa, Broom, Yarrow, Nasturtium, California Poppy, Blanket flower, Sedum, Gold Dust (Alyssum), Moss Rose (Portulaca), Juniper, Artemisia, Lavender, Sage, Iris, Thyme, Crocus, and Evening Primrose.

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