Roller Coaster Ride

I don’t know if we are at the bottom of the roller coaster looking up or at the top of the roller coaster looking down! On May 6, 2010 we had the largest one day drop on the DOW ever in history. The Dow fell over 900 points before recovering and finishing at -347.


I had been feeling pretty good lately. We have seen an “up-tick” in business. It seems as if more businesses are opening around town, and there is less office space sitting vacant. Until last week, the Dow had been slowly rising. The direction we were headed appeared to be “up”.

“PIGS” is a new acronym that I have learned to dislike. It stands for Portugal, Italy (sometime Ireland), Greece and Spain. Just before the DOW dropped so badly and diverted my attention, I had been following the riots in Greece as the EuroBank was imposing limits on the Greek economy. Greece is bankrupt, but apparently lots of people were not happy about the austerity measures.

And now the UK government (United Kingdom-England) is having its own problems. No one party won a majority in the recent election so the parties all have to get together and bargain to try to form an amalgamation of parties that will somehow equal a majority of seats in the Parliament…or to be precise, a majority in the House of Commons. Commentators say that it may take a month or so for a leader to form a government. Sounds like the USA Presidential Election 2000, doesn’t’ it?

So after all the excitement with the Dow, the Labor Department reported that we gained 280,00 jobs last month. It was also noted that the gains were “across the board”, i.e., in many different parts of the economy.

So what’s next? I don’t know, but I do like what Benjamin Franklin said at the time of the signing of the Declaration of Independence… “We must all hang together or we’ll surely all hang separately.” We’re in this together…whatever this is.

Monday, May 10th, the DOW was up over 400 points. Did I mention the roller coaster?

Hoping to see you at a closing real soon -

Borrowers in Shock?

The “Final Rule” mandated by Dept of Housing and Urban Development changing the standard closing statement (also called a “HUD”) has been in effect for almost four months now. It was not an issue in the first month, since all loans that had originated prior to January 1, 2010 could be closed on the “old” HUD. However, we are now required to utilize the new HUD on nearly all loans.

What reactions have I seen to the new HUD? To begin with, not all lenders and attorneys really know how to prepare the new HUD. Mistakes are not unusual. I recently had a lender and investor disagree about the figures on the HUD. For two days we watched and read emails being sent back and forth between the lender and the investor before they finally found agreement with the figures on the HUD. Borrowers also are perplexed by the new paperwork. I see faces that appear confused and dazed as I explain the figures on the HUD.

As a closing attorney, I have always tried to explain the HUD in some detail. I firmly believe that every borrower needs to understand the numbers and the terms of the loan. But I find myself now having to judge exactly how much information is too much information. I don’t want to scare a new buyer/borrower with tons of information, but I also want them to be free to ask questions about things they don’t understand.

It is easy to read the numbers in the borrower’s column. With the new HUD, the numbers represent the total of fees in the body of the HUD. These numbers are such that they can be seen, totaled and explained very easily. However, the information given in the left hand section (outside the borrower’s column) of the second page of the new HUD is confusing. I don’t believe many borrowers can understand them. As experienced as we real estate professionals are, this new HUD has taken countless hours and ‘trial and error’ efforts for many of us to understand it. It may be difficult for a buyer/borrower to grasp in one closing.

The bottom line: unfortunately, I think that the new HUD may have the opposite effect from that intended by the federal regulators. Instead of a clearer understanding of the breakdown of fees, we are having more misunderstandings; instead of clarification, we are having more confusion. We will be waiting to see how this all ends up. Clear?

spring has sprung.....

I saw some financial reports lately that are encouraging. In March new car sales were way up from Febraury and from the same time last year. Also (and maybe most important) the eceonomy actually created jobs in March. This is the first time in many, many months (years) that more jobs were created than were lost. Maybe things are starting to move in the right direction. The only drag on the reports was the housing market; still not doing very well. I am happy to report that in my office, at least, there appears to be a small "up-tick" in contracts and activity.

Onward and upward-

April Fools Day

I've had several conversations with people asking about April Fools pranks. I have to tell them that in our family we don't do April Fools Day. Most folks know that my associate attorney who works with me, Kristina Eno, is also my daughter. What you don't know is that her birthday is April 1st. When she was little she was always mortified that the other kids were playing jokes on each other. It also diverted attention from any attempt at school to recognize her birthday.

It's also given me an appreciation and understanding, and sympathy, for others whose birthdays fall on holidays. I also had some of that from my childhood as my sister was born on December 31st, right between Christmas and New Years on New Years Eve.

banks fail...life goes on

Well, it has been several days now since the two banks in Blue Ridge and Ellijay have failed. We have had a chance to catch our breaths and to know that the sky is not falling. Depositors are protected and business is going on as usual as always.

One hiccup in one of my closings though. It was a sale of a foreclosed property owned by Bank of Blue Ridge. Scheduled to close this Friday, one week after the FDIC take over, we were informed that the property was now owned by the FDIC and they would be contacting us about what procedures we would have to follow for this sale under the new circumstances.

The buyer had also arranged for financing through the Bank of Blue Ridge. Now, the bank is unable, under the new ownership, to offer the same terms on the loan. The buyer has to shop for new financing that had been previously in place.

Life goes on……….

Two north Georgia Banks acquired by FDIC

Appalachian Community Bank (also operating as Gilmer County Bank) and Bank of Hiawassee (also operating as Bank of Blue Ridge and Bank of Blairsville) were acquired by the FDIC, Friday, March 19, 2010.

(Please note that the Bank of Ellijay was NOT part of the financial institutions involved with this action.)

Appalachian Bancshares, Inc., Ellijay, GA wholly owns Appalachian Community Bank F.S.B., McCaysville, GA, which has branch offices located in Murphy, NC and Ducktown, TN. were not subject to this transaction and will continue to operate as usual.

All deposit accounts for Appalachian Community Bank and Gilmer County Bank have been transferred to Community & Southern Bank of Carrollton, GA. For more information on Community & Southern Bank, you can visit their web site at http://www.thecsbank.com/. They will open for business as usual Monday morning.

Bank of Hiawassee (Bank of Blue Ridge and Bank of Blairsville) was sold by the FDIC to Citizens South Bank of Gastonia NC. It too will open Monday morning under its new ownership. More information of Citizens South Bank can be found at www.citizenssouth.com

If you have questions about your deposits, you can call an FDIC representative at 1-800-508-8289. Lots more information about the consequences of a bank failure can be found at http://www.fdic.gov/bank/individual/failed/borrowers/index.html

Ratajczak looks into the Future.....

I recently had the privilege to attend a seminar where economist Dr. Donald Ratajczak spoke on his insights into our economic future. Dr. Ratajczak is a noted economist, the former head of the Georgia State University economic forecasting center and a noted worldwide lecturer. His opinions are in demand by the media and he is often sought after by major television networks for his thoughts on the economy.

Below is a summary of what Dr. Ratajczak sees for our economy in the near future:


Banks are reeling from the bad loans that were made over the past few years. Many lenders are surprised to find out how bad their portfolios really are. The banks feel that federal regulators are looking over their shoulders. How do the banks keep the regulators at bay? How do they improve their loan portfolios? They need lend…to good qualified borrowers. Then the banks will have more good loans in their portfolios.

Are we in an economic recovery? Yes, but it is not the traditional recovery that is usually led by the housing sector. Housing, in this recession, is a laggard. We have a two to three year inventory of unoccupied residential houses. However, by 2013, the inventory should be back to “normal.”

The recovery is slow because the banks won’t lend. New loans are DOWN eight per cent (8%) from this time a year ago. However, deposits are UP eight per cent (8%) from last year. When lending is down and deposits are up, the banks have money. They have plenty of money to lend if they would do so.

The banks need to change their manner of lending in order to get better loans into their portfolios. With a required credit score of 700, only one-third of the population can qualify for a loan. If the criteria were lowered to 675, then forty-five per cent (45%) of the population could qualify for a loan.

The Jobs Report for February showed a loss of thirty thousand jobs. However, sixty-four thousand of those job losses were in construction and government. State governments are letting people go to save money; state governments are experiencing large deficits and the fastest and easiest way for government to save money is to cut jobs. If the construction industry and government jobs are removed from the report, we actually had an increase of thirty thousand jobs last month. This trend should continue into the future.

Temporary jobs have also been increasing for the last five months. This will lead to job growth as temps are hired and made permanent workers. We should see continued job growth in March, April, and May –JBW 3/5/10