Category: Breaking News

  • Return of House Flipping Eases Affordable Housing Crunch in Some States

    Return of House Flipping Eases Affordable Housing Crunch in Some States
    October 18, 2016 By Tim Henderson

    A “For Sale” sign hangs in front of a home in Atlanta. As the construction of affordable single-family houses fails to keep up with demand, the number of houses being flipped is increasing.

    © AP Photo/John Bazemore
    The number of flipped houses is at a six-year high. But while such rapid turnover helped fuel the housing crisis a decade ago, advocates and analysts say the current wave is helping to ease a shortage of affordable housing in some parts of the country.

    The resurgence of flipping, or selling a house less than a year after buying it, comes as the construction of affordable single-family houses fails to keep up with demand, as builders concentrate on multi-family housing.

    In some states like Florida and Nevada, which have large stocks of cheap, foreclosed houses, flipping is boosting the housing supply for homeowners and for investors who want to rent out the properties. The renovated homes are helping to bring downtrodden neighborhoods back to life, while making homeownership possible for some first-time and low-income buyers.

    “This flipping activity could be seen as a social good if it’s bringing houses up to standards and putting them back on the market,” said Steven Swidler, an Auburn University professor who has studied flipping.

    But he also warned that flipping can help drive up already-rising housing prices. “In other areas,” he said, “it could be putting it beyond the price points for affordable housing for some people. It’s all about location, location, location.”

    A total of 51,434 single-family homes and condos were flipped in the second quarter of 2016, up 14 percent from the previous quarter and the highest number since 2010, according to data from ATTOM Data Solutions. The number of flippers, including individuals, amateur investors and businesses, reached 39,775, the highest level in nine years.

    In Tampa, Florida, Memphis, Tennessee, and Visalia, in California’s San Joaquin Valley, one in 10 homes sold in the quarter was flipped. Florida, Tennessee and Nevada are the states with the highest rates of flipping, with 7 percent or more of homes sold within a year. And in many of those places, the homes being flipped are selling well below the rest of the market, a sign that they are helping to fill a shortage of affordable housing.

    Nationwide, 5.5 percent of single-family homes and condos were flipped, a small increase over the second quarter of 2015, but still well below the peak in 2006, when 9 percent of sales were flips.

    In some high-priced places such as New York City, housing advocates complain that flippers are reducing the supply of affordable housing and driving out low-income residents and sometimes the middle class.

    But in other areas of the nation — parts of Florida that have been plagued with foreclosures, for instance —flipping can be part of the process of getting affordable housing back on the market, said Hector Sandoval, a University of Florida economist who has studied flipping in the state.

    “Bringing these houses back to the market is good in general for the neighborhoods where they are located,” said Sandoval. “It increases the supply, which means prices can’t go too high, and they should be affordable, at least for the middle class.”

    Meeting Demand
    In Nevada, today’s flippers have found a niche fixing up foreclosed or abandoned housing that may need much work and then selling it to investors who are willing to recoup profits slowly by renting, said Swidler, the Auburn University professor who analyzed the way home flipping in Las Vegas contributed to the housing meltdown of the last decade by driving up prices.

    About 7 percent of sales in the state were flips in the second quarter of 2016, and the rate is about the same in Las Vegas. But today’s flippers are not the same as those who helped drive a speculative frenzy 10 years ago.

    “Conditions are different now. You can’t just buy a house and expect to make a profit,” Swidler said. “In many cases [flippers] have to go in there and replace wiring, put in new refrigerators. Some of these places had holes in the walls. It took extensive work to renovate them.”

    More amateurs and individual investors are flipping houses, drawn by reality television shows and a burgeoning housing market, said Daren Blomquist, senior vice president at ATTOM.

    Nationally, home prices have been rising since 2012, and the increases are even steeper in some areas with high levels of house flipping, like Tampa and Nashville. But with housing prices rising faster than incomes in many parts of the nation, rehabbing foreclosed houses has the potential to return affordable housing at a time that it’s urgently needed.

    In Florida, flipping has been revived by a steady supply of foreclosed housing and a demand for affordable housing that’s making once-marginal neighborhoods near Tampa more appealing to buyers of renovated homes, said Christopher McCarty, director of the state Bureau of Economic and Business Research.

    Rising rents also are encouraging small investors to buy renovated houses and rent them out, McCarty said, especially along the state’s central I-4 Corridor from Tampa to Orlando.

    House prices have grown more than 19 percent in the Tampa area since 2015, to $209,000, the largest increase in Florida. The median purchase price for a flipped house was $93,000 and the median selling price was $150,000, according to ATTOM’s report.

    Peter Lee, a real estate agent and investor in Tampa, said unemployed carpenters and other construction workers sidelined by the housing bust and slowdown in new construction have found a new line of work renovating homes in the area.

    The buyers might be landlords looking for rentals, first time buyers or retirees from the Midwest, he said, all of whom find the prices affordable. “You’re giving them a shiny renovated house for $100,000. They’re in heaven.”

    Tennessee has the second-highest rate of house flipping, at 7.2 percent. House prices have gone up nearly 20 percent in Memphis in the last year, and nearly 7 percent in Nashville. The typical flipped house in Nashville was bought for $114,500 and sold for $175,900, well below the area’s median home price of $258,000.

    Rae Sovereign, an affordable housing activist in East Nashville, said the city is facing an affordability crisis as developers tear down houses to build new rentals. But flippers have played a generally positive role, she said, fixing up battered and sometimes foreclosed homes.

    “I don’t have a problem with people who want to fix up a house for a profit but still make it affordable,” she said.

    Rae said a flipper bought her house for about $40,000, gutted it and rebuilt the interior, then sold it to her for $131,000 six years ago. Today she thinks it’s worth about $235,000.

    For Sale sign in Atlanta

    The resurgence of flipping is not helping to ease the affordability crisis everywhere.

    A study earlier this year by New York City’s Center for NYC Neighborhoods, a public-private partnership that promotes affordable housing, found that affordable housing was becoming harder to find in parts of Queens and Brooklyn where hundreds of homes were flipped last year.

    On average, Brooklyn homes bought by flippers in recent years were affordable for families making $75,000 a year — near the typical income for the borough. But by the time they were sold, only families making $150,000 could afford the same house.

    “Flipping reduces the quantity of affordable homeownership opportunities on the market by moving homes to significantly higher price points,” the study concluded. Typical profits were more than $500,000 per sale in Bushwick, Brooklyn.

    Typical flipping profits topped $110,000 in Silicon Valley, San Francisco, Los Angeles and San Diego, California, as well as New York, according to ATTOM’s data. The largest flipping profits were in the District of Columbia, where the typical flip netted $209,750.

    Prices rose so quickly in the District of Columbia that the district housing authority evicted some low-income tenants and sold their apartments to finance other renovations. Democratic Mayor Muriel Bowser promised last year to investigate whether the city’s own flipping practices were hurting her efforts to preserve affordable housing.

    Curbing Abuses
    Some states, including Idaho, Virginia and Washington, have laws that require house-flippers to register as contractors. In Washington, either the seller of a flipped house or a contractor hired to fix it up must be registered and have a $12,000 bond.

    “This way the buyer has some recourse if there’s a fire from bad wiring or sewage in the dishwasher because of the plumbing. Those things happened,” said Shari Purves-Reiter of Washington state’s Department of Labor & Industries.

    In Idaho, a contractor license is required to do rehab work on a house unless it’s the homeowner’s “primary or secondary residence.” There are enforcement problems because of that wording, said Bill Hatch, a spokesman for the state Division of Building Safety.

    When flippers are questioned, “they invariably come up with something like ‘Oh, this is my secondary home,’” Hatch said. The best inspectors can do is to cite repeat offenders, he said.

  • Yesteryear: Young Ice Skaters At Roberts Stadium In The Late 1950

    s. Ritt was the managing editor of the Evansville Press and involved in many community projects during his half-century tenure with the newspaper. One of them was the New Blades ice show, an amateur event sponsored by the Press Youth Fund. The first show in 1957 drew a disappointing 4,000 spectators, but attendance in the next season soared to 11,000. Ritt and his wife, Julia, produced and directed the show until 1962, when it was disbanded. For their efforts, they were named Evansville’s Citizens of the month in 1963. Ritt retired from his newspaper career in 1974 and died six years later.

    FOOTNOTES: We want to thank Patricia Sides, Archivist of Willard Library for contributing this picture that shall increase people’s awareness and appreciation of Evansville’s rich history. If you have any historical pictures of Vanderburgh County or Evansville please contact please contact Patricia Sides, Archivist Willard Library at 812) 425-4309, ext. 114 or e-mail her at www.willard.lib.in.us.

  • Judge Limits Expert Testimony In Simon Antitrust Suit

    Judge Limits Expert Testimony In Simon Antitrust Suit

    Dave Stafford for www.theindianalalawyer.com

    Expert witnesses for Indianapolis-based Simon Property Group and a competing shopping center developer will be barred from testifying on certain subjects in an antitrust lawsuit against Simon, a federal judge ruled Wednesday.

    The litigation concerns allegations that Simon used unlawful means in 2006 to pressure tenants such as Ann Taylor into signing leases at University Park Mall in Mishawaka rather than at the newer Heritage Square a mile away in Granger.

    Heritage Square developer Gumwood HP Shopping Partners discovered internal Simon emails in which executives discussed terminating leases for Ann Taylor stores at more lucrative malls if the women’s clothing retailer didn’t sign a lease at University Park. Some emails suggested that if Ann Taylor leased at Heritage, Simon would cancel the chain’s leases at shopping centers in New York and Miami, a tactic one executive described in an email as “Lose a pinky — take an arm!”

    The anti-trust litigation was filed in 2011, with Heritage claiming Simon caused Ann Taylor to withdraw from a lease at its mall causing a snowball effect that cost it leases with other high-end retailers before the property reverted to the lender.

    Judge Jon E. DeGuilio of the District Court for the Northern District of Indiana in South Bend Wednesday issued a 29-page order setting the parameters for expert witness testimony from economists on each side.

    Both sides sought to strike the testimony of the opposing witnesses, and DeGuilio granted their requests in part and denied them in part.

    The judge ruled Gumwood’s expert, economist H.E. Frech III, may not offer an opinion on whether Simon “tied” leases at University Park to other properties without evidentiary support. Frech may, however, testify about his opinions regarding Simon’s market power, but only in the Mishawaka, Miami and New York shopping center markets at issue in this litigation.

    Simon’s expert economist, Michael R. Baye, may not testify about the necessary conditions Gumwood must establish for a tying arrangement to be considered anticompetitive. But DeGuilio ruled Baye may provide his opinion that the market in northern Indiana where the malls compete for tenants is larger and more diverse than Frech assumes.

    The judge withheld ruling on the experts’ opinions on liability and damages and said those motions will be decided in a separate order.

  • Attorney General Zoeller Warns Political Campaigns, PACs And Hoosiers On Robocalling 

    Attorney General Zoeller Warns Political Campaigns, PACs And Hoosiers On Robocalling 

    INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller is warning political campaigns and political groups to adhere to state telephone privacy laws and refrain from robocalling residents leading up to the 2016 General Election on November 8. Zoeller also warns Hoosiers against such calls that are illegal if there isn’t a live operator that obtains your permission before playing a recorded message.

    Zoeller’s office enforces the state’s telephone privacy laws and investigates complaints about robocalls and other unwanted calls. His office has received nearly 14,000 complaints about unwanted calls in 2016, a majority of which were about robocalls.

    “In Indiana, our Legislature has adopted one of the strictest laws that strictly prohibits the use of auto dialers which can blast out prerecorded messages at a rate of ten thousand per minute.  Just as in past years we are warning campaigns, PACs and political parties not to use this technology used by scam artists,” Zoeller said. “If violated, there are penalties and I will pursue those who chose to disregard the privacy of our citizens.”

    Indiana’s Auto Dialer law, 24-5-14-5(b), restricts the use of technology that automatically dials residential phone numbers and plays prerecorded messages, also called robocalls. The penalty for violating the Indiana Auto Dialer law is up to $5,000 per call.

    If campaigns want to play a prerecorded message, a live operator must first have initiated the call and received the recipient’s permission, either by a prerecorded request to leave a message or the recipient must have previously opted into receiving such calls.

    If an individual does not want to receive automated political voice mails, they should make it clear in their voice mail or answering machine prompt that they only wish to receive the name and number of the person calling. When a voice mail prompt invites a message to be left, it provides permission for a prerecorded message to be left.

    Campaigns and political groups are allowed to make traditional “live” calls, even to numbers registered on the Do Not Call list, as long as the calls are not sales calls.

    Zoeller said if someone receives an unwanted campaign call, simply ask to be removed from the caller’s list. To block general telemarketing calls, sign up for the Do Not Call list at www.IndianaConsumer.com or by calling 1.888.834.9969.

    Members of the public can also utilize this call-blocking reference sheet for additional call-blocking applications. Frequently asked questions about Indiana’s Do Not Call law can be found here.

    Indiana residents who receive a political robocall or any other unwanted call can file a complaint with the Attorney General’s Office by visiting www.IndianaConsumer.com or calling 1.888.834.9969.

  • Statement from Indiana State Police Superintendent Doug Carter Regarding Possible Voter Fraud

    “I would like to thank Secretary of State Connie Lawson for her diligence in contacting Indiana State Police detectives and reporting that thousands of paper form voter registration applications were changed, including dates of birth and first names. Given our ongoing investigation, Secretary Lawson believed this could be further evidence of voter fraud and immediately contacted Indiana State Police detectives who were working on the case. We are grateful to Secretary Lawson for her prompt attention to this matter.

    “Let me be clear: Among the highest priorities of the Indiana State Police is ensuring the integrity of this election and that every Hoosier vote counts.

    “Because of these new revelations, the magnitude of the possible fraud involved and with the election less than three weeks away, I have directed all available resources within the Indiana State Police to assist with this investigation. Given the fact that the Statewide Voter Registration System has not been compromised, we believe the reports Secretary Lawson turned over yesterday may serve as evidence of forgery by representatives associated with the Indiana Voter Registration Project, which is a subsidiary organization of a group that calls itself Patriot Majority USA.

    “It is very important to recognize that instead of telling Hoosiers they would cooperate with our investigation and working with Indiana officials to get to the bottom of the fraud issue, Patriot Majority USA instead launched a partisan advertising campaign accusing Governor Pence of leading a ‘government attack against’ Hoosiers and the Indiana State Police of  ‘police intimidation.’

    “This is completely false and I condemn these attacks on the Governor and Indiana State Police in the strongest possible terms. Furthermore, Patriot Majority’s claim that our investigation began at the direction of Governor Pence is false. Governor Pence has never asked me or anyone in the Indiana State Police to initiate any investigation.  Any suggestion to the contrary is offensive to me personally and the more than 1,000 troopers who serve with integrity and distinction every single day. The leadership of Patriot Majority should be ashamed of itself for suggesting otherwise.

    “This investigation began with a concerned citizen alerting county election officials to dozens of voter application forms with grave discrepancies that indicated the possibility of fraud and forgery.  Election officials called the Indiana State Police and a detective responded and determined further investigation was warranted.

    “Our investigation currently spans 56 of Indiana’s 92 counties and has more than two dozen state police detectives diligently reviewing thousands of suspect voter application forms.

    “While I cannot speak to the specifics of this investigation I have the highest level of confidence there will be County Prosecutors in multiple Indiana counties who will hold a number of people criminally responsible for their actions.

    “We at the Indiana State Police have one goal: To enforce the laws of Indiana, and in this case, the laws associated with voter registration to ensure every Hoosier who is eligible to vote can cast a vote with confidence that their vote will count and they will not be disenfranchised as a result of the criminal actions of others.”

     

  • “READERS FORUM” OCTOBER 20, 2016

    WHATS ON YOUR MIND TODAY?

    One of our readers sent us this video link titled “PEOPLE Magazine Reveals 6 Witnesses To Sexual Assault On Reporter By Donald Trump (VIDEO)” and ask us to post it. We do so without opinion, bias or editing. In fact, after viewing it we are sure the content shall spark some heated debate among our readers. Attached is the link for your review and comments.

    http://bipartisanreport.com/2016/10/18/people-magazine-reveals-6-witnesses-to-sexual-assault-on-reporter-by-donald-trump-video/

    Todays READERS POLL question is:  Who won last nights Presidential debate?

    Please take time and read our newest feature articles entitled “BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.

    If you would like to advertise in the CCO please contact us City-County Observer@live.com.

    City County Observer has been serving our community for 15 years.

    Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.

  • Barnes & Thornburg Malpractice Suit Prompts Judge’s Warning

    Barnes & Thornburg Malpractice Suit Prompts Judge’s Warning

    Barnes & Thornburg Malpractice Suit Prompts Judge’s Warning

    Dave Stafford for www.theindianalawyer.com

    Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.

    “The practice of law is and should be a profession and not merely a simple business transaction. To hold otherwise is to ignore the fundamental fiduciary relationship an attorney owes a client. For this reason (and others), I do not believe that it is wise public policy to allow lawyers to draft their own ‘get out of jail free’ cards,” Judge Terry Crone wrote in a concurrence in Central Indiana Podiatry, P.C., Northwest Surgery Center, LLC, d/b/a Foot & Ankle Surgery Center, f/k/a Foot & Ankle Surgery Center, LLC and Anthony E. Miller, D.P.M. v. Barnes & Thornburg, LLP, 49A02-1603-PL-498.

    The plaintiffs sued Barnes and Thornburg almost four years ago alleging legal malpractice stemming from the firm’s representation of the Miller plaintiffs in a 2005 federal claim filed by podiatrist Thomas Vogel. He claimed his employers, Central Indiana Podiatry and the Foot & Ankle Surgery Center, committed anti-kickback violations, mail, wire and healthcare fraud, money laundering, racketeering, breach of contract, and wage violations, among other things. Another former employee, Dr. Yong Chae, soon filed a suit asserting similar claims. Miller ultimately reached settlements with both doctors.

    But as legal fees rose to $190,000 for the Miller parties, Miller sought a reduction and a cap on fees related to this litigation. Barnes & Thornburg provided a release agreement and advised Miller he must have the agreement reviewed by independent counsel before the firm would sign it. The release allowed the Miller parties to pay $145,000, but also contained this provision:

    “The Miller Parties hereby release and forever discharge B&T, and all predecessor and successor firms, including without limitation their respective present and past partners, associates and employees, from any and all claims, of any nature, known or unknown, which the Miller Parties now have, have had, or may later claim to have arising from or related to any aspect of B&T’s representation of the Miller Parties relating in any way to the Lawsuits.”

    It was this clause that led Marion Superior Court to grant summary judgment in favor of B&T on the malpractice claim and on fraud claims the Miller parties improperly raised for the first time in a reply brief. They argued the release agreement was subject to reformation or rescission.

    “The Miller Parties did not properly present their fraud claims to the trial court because they did not do so in a pleading,” Judge Melissa May wrote in affirming the trial court. “The trial court did not err when it granted summary judgment in favor of B&T because the Release Agreement prohibits the Miller Parties from suing B&T for actions taken in the Vogel Federal Litigation.”

    Crone agreed with the outcome but wrote separately “to question the wisdom of allowing attorneys to prospectively insulate themselves from liability for future acts of legal malpractice.”

    Crone was careful to note there has been no determination in this case as to the quality of legal services B&T provided and that he was expressing no opinion in that regard. But he said in this case, the plaintiffs were sophisticated and had sufficient resources to hire a reputable firm to review the release. “Many clients are not so fortunate. I also find it troubling that the Rules [of Professional Conduct] apparently would not prohibit lawyers from inserting liability releases into initial fee agreements as a matter of course, which would fundamentally change the nature of the attorney-client relationship from one of loyalty and fiduciary duty to one of purely economic self-interest.

    “(I)n my view, allowing lawyers to prospectively limit liability to clients for future acts of malpractices subverts the very nature of the attorney-client relationship,” he wrote. “Until and unless our supreme court abolishes this practice, Hoosiers seeking competent

  • CHANNEL 44 NEWS: Hoosier State Officials Continue Voter Fraud Investigation

     Hoosier State Officials Continue Voter Fraud Investigation

    Officials in the Hoosier state are investigating voter fraud after voters noticed false info on their registrations.

    The voters found the mistakes when they checked their information at IndianaVoters.com.

    People have to enter their name and date of birth, but if either one is wrong, they cannot view their registration, which makes them think they are no longer registered.

    Indiana State Police has already started an investigation into voter fraud in 56 counties.

    Voters can correct their personal information by calling their county elections office.

    Previous Stories:

    Indianapolis Business Raided in Voter Fraud Investigation – 10/05/2016

    Tri-State Counties Now Involved in Voter Fraud Investigation – 10/06/2016

    Dubois, Gibson Counties Among Those Affected By Statewide Voter Fraud Investigation – 10/07/2016

    Indiana AG Ready to Crack Down on Robocalls

     Thousands of Hoosiers have complained about receiving political automated messages this year, and the Attorney General’s Office is preparing to take action.

    According to our media partners at CBS4 in Indianapolis, the Indiana AG’s Office say they have investigated more than 9,000 complaints so far this year for robocalls.

    Illegal robocalls are defined as calls that come from an auto-dialing computer. That means someone automatically dials thousands of numbers at once to place calls or voice mails. Calling people in this way is illegal and Indiana has some strict laws when it comes to robocalls.

    Indiana’s Attorney General Greg Zoeller says he will bring actions against any candidate or company that breaks the statute.

    According to the law, it is illegal for political messages to be left, if the person receiving them does not agree to the messages.

    Zoeller asks anyone receiving robocalls to report unwanted phone calls and messages, so an investigation can be done.

    If anyone is receiving calls without giving permission, they can file a complaint online here, or call the Attorney General’s Office at 1-888-834-9969.

  • THE HONORABLE VANDERBURGH CIRCUIT COURT JUDGE DAVID KIELY SELECTED  AS “Outstanding Community Service” Award Winner” for 2016

    THE HONORABLE VANDERBURGH CIRCUIT COURT JUDGE DAVID KIELY SELECTED AS “Outstanding Community Service” Award Winner” for 2016

    THE HONORABLE SUPERIOR COURT JUDGE DAVID KIELY SELECTED AS  CCO “OUTSTANDING COMMUNITY SERVICE AWARD WINNER 

    We are pleased and excited to announce that Vanderburgh County Superior Court DAVID KIELY has been selected as the fifth (5th) CCO 2016 “Outstanding Community Service” Award Winner” for 2016.  Judge Kiely is extremely well thought of in our community and he gives a great deal of his time and financial resources to help those in need.

    Recently the Evansville Bar Association recognized the Honorable Superior Court  Judge David D. Kiely was presented the James Bethel Gresham Award at the annual Law Day dinner hosted by that organization.

    Judge Kiely began his legal career in 1989 entering private practice with his father at the firm of Kiely & Kiely. He was in private practice for approximately 9 years prior to being appointed as Circuit Court Magistrate. He was subsequently being elected Vanderburgh Superior Court Judge and elected Vanderburgh Circuit Court Judge in 2012, where he continues to serve.

    Judge Kiely created the very first Veterans Treatment Court in the state of Indiana and has worked diligently to expand into other counties. He also co-manages, with Judge Trockman, the Vanderburgh County Day Reporting Drug Court, Re-entry Court Program and Forensic Diversion Program.

    So far the 2016 the “Outstanding Community Services Awards” are Vicki Hubiak President Of HR Solutions and Anne Audain six time Olympian and world record holder in the 500 meter race., Vanderburgh County Sheriff Dave Wedding and County Councilman Thomas J. Shelter.

    This years awards luncheon will be held at Tropicana-Evansville Walnut rooms A and B. The registration begin at 11:30 am, the event officially starts at 12 noon on November 2, 2016.   Last years event was a sellout.