What's a Non-Conforming Coop?

You're searching the Internet for your new home to buy.  You find a property - a coop unit - that looks really, really good. You read through the description and you are loving the way it sounds. The photos look great too. Then you see at the bottom of the listing "Non-conforming building - cash offers only (or preferred)." Huh. What does that mean?

You Google the term "nonconforming building". The returns define it to be a building that doesn't conform to existing zoning laws. But in New York City, it's more likely to mean that the building's financials and/or owner occupancy do not conform to guidelines set by Fannie Mae (FNMA) and her compatriot, Freddie Mac (FHLMC), the two entities that purchase loans on the secondary market from the banks that originate them.

So you Google "nonconforming loans".  This search just gives you a lot of information about jumbo loans, which are a type of nonconforming loan, because the amount of the loan is higher than Fannie Mae conforming limits.

But this property is asking less than the published conforming loan limits. Are there other issues that can put a property into nonconforming territory?

Answer: yes there are. One of the big ones is owner occupancy. This refers to the number of units in the coop that have been sold by the sponsor to individual owners and are occupied by those owners and their families. Units that are owned by individuals but sublet to renters do not count, but individually-owned vacant units do. Sponsor-owned units also are not considered owner-occupied (a sponsor unit is one that continues to be owned by the original landlord of the building who created the coop, or their successor).

FNMA/FHLMC requires 51% of cooperative units to be "owner occupied". Not 50%, but 51%. This was a big issue back in the 1980s and 1990s when sponsors owned more than 50% of units in many coops that had just been converted. The sponsor ownership is less of a problem these days, but smaller coops (under 40 units) can still slip into this nonconforming status if they have a significant percentage of sponsor ownership (ie, 25-40%) and if the coop allows too many owners to sublet in addition. When that happens, the coop falls into non-conforming status.

In the olden days, it was possible to get something called a "waiver" on nonconforming buildings. This literally meant that the owner occupancy issue could be waived, and a bank could get you a conforming loan. Since 2008, however, that is practically impossible, according to mortgage lenders that I have considered. Whereas waivers were practically a given before the mortgage crisis (for a small fee), now each application for a waiver is scrutinized and takes weeks to process. Few are granted.

So that leaves us back to this beautiful coop in your price range. You don't have cash, but you see it's a bargain. What can be done?

First, realize that while many mortgage programs are not going to be available for that particular unit, some loans might be. These loans are called portfolio loans, and they may be given by banks or mortgage lenders.  A portfolio loan is a loan that a bank cannot sell to FNMA/FHLMC. The bank has limited choices - either the loan must be held and collected by the bank until the end of the term, or the loan can be sold to an investor who will deal in nonconforming loans.

Unfortunately, that translates to a slightly higher interest rate for the borrower.
But such a property may present an opportunity. Remember, every coop is different. Some may be primarily investor-owned, while others may simply be one unit from conforming.  Ask your agent what the situation is.  If the situation is just one unit, then you might have an opportunity to get a little pop in value when that one unit does finally turn the owner occupancy ratio over 51%. You have the option of refinancing into a conforming loan once the building is conforming as well.

So, all in all, don't leave those gems in the dust. Nonconforming coops can present an opportunity to the person looking for a below market opportunity for a long term primary residence.

New York's the Same, the World is Better, What's Going On?

I am no Wall Street guru, but I follow the market pretty closely these days, as well as economic indicators throughout the world. Here is what we've got going:   .

1) Interest rates made a rather large move (.25% not really a large move, but for bond traders it's a large move)

 2) Several large retailers - and today Cisco, which is like the GE of pure tech plays - have reported lower than expected 2nd quarter results (whose expectations? it's sort of an average taken across many investment firms' analysts' projections).

 3) Walmart also missed on revenues, though not earnings (earnings are the actual income reported after all expenses have been removed), and cut its own projections for the rest of the year.

 However, other things are not all bad! For instance:

 1) July unemployment nationwide FELL to 7.4%, the lowest since 2007 - that's a YEAR before the crap hit the fan in 2008. Remember that before the credit crunch caused by the failures of Bear Stearns, Lehman Brothers and Washington Mutual, among many others. Many people forget that the downturn began in late 2004, when the first of the subprime mortgage crisis started to be felt.

 2) Europe, which caused an echo credit crunch on these shores as analysts scrambled to discern which of our multinational banks held how many Greek, Spanish, Irish, Cypriot, etc. bonds, has suddenly peaked its head out of the recession pit, according to the official statistics office of the European Union. China, too, has seen a slight rebound that is pulling materials and mining stocks up ever so slightly.

All that, plus lighter volume (which exaggerates price swings in an individual stock) made for a 200-point drop in the market today.

I watch the stock market because it seems to have more correlation to the real estate market in Manhattan (and increasingly, Brooklyn) than the markets in the rest of the country (which is why NYC's prices kept going up until almost the moment Bear Stearns went down). But it's hard to say what's the new normal here: the Dow made new highs nearly every week until April, had a correction in May, resumed upwards in June, and now in August (traditionally not a great month for the market) it's heading down again, mostly lazily but today in a more precipitous fashion. What will happen in September? What indeed? It's a soap opera that doesn't end.

My personal experience tells me that buyers are less likely to buy in New York when the market goes down. This might be because the buyer is actually employed in the financial industry, or it may be sympathetic concern, as most people in New York are at least cognizant of the market's moves, even if they aren't invested.

Dearth of buyers can lead to price drops, but only if there is a glut of properties relative to the number of buyers on the market. A quick glance at the live listings infographic provided by Urbandigs.com shows that active inventory (ie, properties currently listed for sale) has dropped nearly 20% in the past 3 months. In addition, properties in contract, after a huge 43% pop four to six months ago, has declined by 6% in the past three months. Finally, properties that have gone off market have increased over 15% in the past three months.

So, to summarize, fewer properties are on the market, at a rate that exceeds the drop in contracts signed. This means the inventory seems to be right-sizing itself. So, for the moment, prices in New York should remain unchanged.

We'll see how that works out when interest rates really begin to rise.

2012 May Be the Year of the Starter Apartment

So the headlines of the last nearly 2 years have been how luxury homes (over $5 million) just don't seem to be slowing down... until they kind of have. I mean, at the very top end people will always have the money to buy. But now, according to a couple articles, family sized apartment sales have been slowing down.

Instead, it looks like the little guy is finally feeling a little more confident, and smaller starter homes are starting to finally move on the market.  It may not be all about the want to invest however, as Manhattan rents are starting to fly skyhigh again. All you renters, that means you don't have 48-72 hours to "think over" apartments. February, a traditionally slow month, saw very high rental activity.

When you're out shopping for apartments, you need your previous year's tax returns and/or W-2s, letter from your employer showing salary and tenure, 2-3 consecutive paycheck stubs, and bank statements showing enough reserves to pay all the move in costs (please don't send a checking account statement showing only $50; you are trying to prove you are financially qualified to pay rent monthly!). You may also need a copy of your ID, a reference or previous lease from your current landlord. Forewarned is forearmed: I would have quite a fortune if I were given a commission for every renter who missed out on an apartment they loved because they didn't take my advice and have all their paperwork close to hand.