Real Estate Loan

CNN/Money: Real Estate Web CNN/Money Home News Markets Technology Commentary Personal Finance Autos Real Estate Real Estate MONEY GALLERY Living la bonne vie Buying a home in the French countryside is a dream worth exploring. See 7 homes on the market now. ( more ) Video California housing market UCLA group predicts that real estate will slow, but state won't succumb to recession. CNN's Andy Serwer reports. ( more ) How to buy and build on rural land Dreaming of the perfect country getaway? Here's how to be sure you don't get taken. ( more ) Most overvalued housing markets Latest analysis of 299 markets: See how your hometown ranks. ( more ) When booms go bust... Home prices can and do go down. Here's what declines have looked like in the past. ( more ) Forecast: 100 markets Help with the loan hunt Most profitable renovations Some home improvements can recoup a lot, even all, of their costs. ( more ) MORTGAGE UPDATE 30-year mortgage: lowest in 2 months Dec 29: 11:14a Rates edge lower in the latest week but remain up considerably from a year earlier. ( more ) RATE SEARCH No points only 15 Year Fixed conforming - $165,000 15 Year Fixed jumbo - $385,000 30 Year Fixed conforming - $165,000 30 Year Fixed jumbo - $385,000 1 Year ARM conforming - $165,000 1 Year ARM jumbo - $385,000 3/1 Year ARM conforming - $165,000 3/1 Year ARM jumbo - $385,000 5/1 Year ARM conforming - $165,000 5/1 Year ARM jumbo - $385,000 7/1 Year ARM conforming - $165,000 7/1 Year ARM jumbo - $385,000 Select State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana North Carolina North Dakota Nebraska Nevada New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming ESSENTIALS Money 101: Buying a home Top things to know The hunt Are you ready? Closing the deal Lining up cash For sellers only Picking a team Glossary MORE ESSENTIALS: Choosing the best mortgage Take a bite out of closing costs How to make your home sellable MONEY LIST Latest home prices: 147 markets tracked Third quarter numbers are in for nearly 147 markets. How does your home town stack up? ( more ) Market Growth 1. Phoenix, AZ 55.2% 2. Orlando, FL 44.8% 3. Fort Myers, FL 42.5% 4. Tuscon, AZ 34.7% 5. Daytona, FL 33.8% MORE LISTS: Million-dollar markets Most expensive markets CALCULATORS Renovation Wizard Compare cost of living How much house can you afford? Money Magazine -- Try an issue of MONEY FREE! Subscribe and SAVE! REAL ESTATE ARCHIVE Dec 29: 10:46a Home sales fall, inventories jump Dec 28: 7:22a Mortgage applications at 3-1/2 year low Dec 27: 2:04p 1 BR @ Plaza, no park view: $2M Dec 19: 11:59a Is it time to cash out? Dec 22: 12:37p Fastest-growing states Dec 19: 9:22a Neighbors behaving badly Dec 23: 11:58a New home sales tumble 11 percent Dec 21: 6:29a The boom that won't die Dec 20: 2:39p Feds fret over innovative mortgages Dec 14: 3:50p Least affordable rental markets Dec 19: 3:49p Protect your home in 2006 Dec 12: 2:47p Take this home market...and love it Dec 13: 11:15a Double jeopardy for landlords Dec 8: 2:01p There go 800,000 jobs out the door Dec 7: 1:13p Real estate investors bailing out? Dec 9: 3:02p Overvalued housing markets decline Dec 8: 4:37p 'Take this house and shove it' Dec 1: 4:02p Help with the loan hunt Dec 1: 12:34p Home prices rise but pace slows More »» CNN Money contact us | subscribe to Money magazine advertising -- | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business 2.0 | Time © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available.

Investment Property

Wise Investment Properties Commercial Real Estate Site Features Services Yield Analysis Newsletter Request Info Home Our Services Free Equity Yield Analysis Contact Us GVA IPC Links & Resources Apartment Trends Featured Property Acacia Business Center - Hemet, CA Leasing in the Acacia Business Center is a wise business decision for your growing company. [ more information ] Featured Resource Available Properties Welcome to Wise Investment Properties We Specialize in Enhancing Lifestyle Options by Optimizing Investment Real Estate Decisions Chuck Wise, CCIM Serving the Southern California Income Property Investor since 1971. Specializing in North San Diego County Apartment Investments 2003 President of CCIM San Diego Chapter 2005 Vice President, CCIM Region 2 Asset Management and Advisory Services Recent Articles and Publications Priced for Perfection Bargain Hunting in an Up Market The Power of Syndication Endgame Strategies Marketing in the Fast Lane Will the Feast Continue? 2003 CCIM San Diego Chapter "Designee of the Year" 2005 Member of the CCIM Institute "Jay W. Levine Leadership Development Academy" NO OBLIGATION! Recieve your FREE Equity Yield Analysis for youe commercial real estate property.Fill in the short form by clicking the link below. Get a same-day response from our professional, experienced staff. We can deliver your Equity Yield Analysis within 48 hours. With our broad access to capital markets and excellent pricing, we can make your commercial real estate project happen quickly andaffordably. Click Here to get your FREE Equity Yield Analysis Click Here to tell us about your commercial property needs. Help is available! If you are having problems with determining what type of commercialproperty you might need or how to choose the financing that's rightfor you, we can help. Chuck Wise, CCIM Wise Investment Properties, Inc chuck@wiseinvestments.net OFFICE: 760 942 2110 CELLULAR: 760 224 9000 FAX: 760 943 9473 Home | Our Services | Free Equity Yield Analysis | Contact Us GVA IPC | Links & Resources | Apartment Trends © WiseInvestments.Net All Rights Reserved. Wise Investments Privacy Policy Web Development by Spotlight Consulting

Real Estate Listings

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buy property to prevent

Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org

Rental Property

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