posted 02/05/09 01:12 AM | updated 02/05/09 01:15 AM
Featured Post! | Views: 5603 | Comments : 15 | Community

Broken dreams and ghost towns in the sky, cont.

A Seattle Times column about a man’s costly failed attempt to buy a South Lake Union condo evoked an estimated 300 reader comments, e-mails and calls to the paper.

Nearly all of the responses beseeched Vulcan to refund the buyer’s earnest money—something they’ve been unwilling to do, and a stance they continue to defend. Here’s a piece of Danny Westneat’s follow-up to Sunday’s column:

 


Vulcan spokesman David Postman says the company in fact goes out of its way to help struggling buyers qualify for loans. But barring that, Vulcan is entitled to the money.

"There was nothing in your column that would make us rethink our position," he said.

Fair enough. Would it help if I write some more of them?

Talk about a PR nightmare. Does Vulcan not realize they have a good deal of condos left to sell, and more than a handful of lots yet to be developed? A show of good faith would go a long way.

Speaking of such, a group of Rollin Street buyers met last night at a coffee shop to discuss the fate of their purchases. This was a group of committed buyers who had bought into the vision of the neighborhood so effectively conveyed at the SLU Discovery Center, not a group of speculators looking to exit their contracts unscathed.

Each person has invested a lot into their units – money, yes ($50K+), but also a piece of themselves in the choices they’ve made in finishes and custom additions, not to mention the dreams they had for their future lives in the building. Now they’re spending their time brooding over whether they’ll be able to close on the units and move in.

Vulcan, at this point in the game, has done nothing to ease these buyers’ anxiety. This point in the game is pretty late—2:00 left in the 4th quarter in real estate terms. With Rollin Street scheduled to receive its Temporary Certificate of Occupancy on March 15th and a 15-day close, buyers *could* move in April 1st.

The financing programs buyers planned on using no longer exist. Today’s financing paradigm, FHA loans, aren’t available for projects under 50% sold—a hurdle Rollin Street won’t be jumping anytime soon. The prices of Rollin Street units still on the market have dropped, meaning there’s no way the appraisal will come in near the pre-sale price. Something has to give, but Vulcan has yet to budge or even come to the table to talk with these buyers, and time is running out.

The Veer Lofts buyer profiled in Seattle Times Danny Westneat’s column could not afford a lawyer and is now out his life savings. By Vulcan’s design, Rollin Street targeted a more affluent clientele, one which has access to lawyers. The hopeful buyers at this coffee shop had not hired a lawyer yet – they hoped they could work something out peaceably with Vulcan first – but it was on their minds.

Near the end of our time at the café, one of the buyers pointed me to a picture album full of real estate porn on Facebook. I haven’t seen these photos – which include shots of a finished unit, the community room, and the gym area – make the rounds on the condo blogs yet. It would be a shame for that unit/community room/sport court to remain empty because of an unwillingness to do right by the people who were among the first to embrace your vision for the neighborhood and want nothing more than to be a part of it.

Our dreams of home ownership gone as well
For what it is worth my wife and I are also in the pool of people who will no longer be able to move into Veer and don't qualify for a reasonable loan. Much like Stuart Cohen in the Seattle Times article we acknowledge that we are in part to blame for our first time homebuyer naivette for trusting Vulcan and Countrywide. And yes, if we had made money we likely not be discussing this. We certainly took on the risk, and would have shared in the gains were the market different. But in taking the loss it does feel like there is not equal financial fallout between us, vulcan, and countrywide. And of course, we are by far the least powerful.

Finally, as Rick said, this isn't just about money, we bought into a dream of being part of a new and exciting neighborhood with enormous potential. That is why we wanted to invest our money and lives into it. But, since we can't afford a lawyer on our own it looks like the dream of home ownership had turned into a very expensive lesson, well at least expensive for us.
Comment by tdsoerens
February 05, 2009
( +10 votes )
Bad journalism
Really? What's wrong with people? I didn't comment on the previous blog post because I thought it was so biased I was exasperated. But now I read that apparently every commentor sided with Stuart Cohn and I have to pipe in. I don't see why there's so much sympathy for him.

He made an agreement to buy a condo that he couldn't afford. The fact that there were lenders with bad lending practices willing to lend him the money at the time does not absolve him from that fault.

And Vulcan is not "stealing" his money as some commentors claimed. They held that condo off the market for him for 2 years because he put down a deposit on it. Him backing out on it this late in the game causes them real financial loss. If you're not willing to take the risk of losing money, then don't make an agreement to buy a condo two years before it's finished being built! Duh.

Also, Danny Westneat of the Seattle Times is spinning this story. Not all of the comments on the original article sided with Cohn, but Westneat's followup says that all of them did. This reporter has found a sob story about fall-out of the real estate bust and is trying to capitalize on it.

$14,000 loss on a $276k condo is not that much (5%). He signed the contract in late 2006. In the ~2 years since then I bet the value of that condo has depreciated by at least $14k. So Cohn probably would have lost his equity *anyway*, by buying a place in 2006, because real estate values have gone down at least 5% since then.

Also, putting down your entire life savings as down payment on a condo? That's also dumb. You should always have a "rainy day" emergency savings of about 6 months salary. If you don't have the money for an emergency fund plus a sufficient down payment, don't buy a condo/house. No one *needs* a house, it's perfectly fine to continue renting (and more economical actually).

Also Westneat's complaint that taxpayer's "own" part of Countrywide and Banner Bank is crazy. They weren't nationalized, they were bailed out. If Westneat doesn't like the way the bail out is being done, then write some articles about that. You're not going to solve anything by writing human interest stories about every poor borrower who gets denied a loan by the banks.

Seattle Times must be running out of good journalists. That's the true tragedy of this story because if they go bust like the P-I we won't have many newspapers left here. :(
Comment by Patrick
February 05, 2009
( 0 votes )
Rollin St. buyer
I feel for you and your wife. My husband and I are in the same boat at Rollin St. I will keep you all posted of how things turn out.
Comment by rollin st.
February 05, 2009
( 0 votes )
Us too...how many people are in this boat with us?
My wife and I bought at Rollin Street before it was even a hole in the ground. We knew there was a lot of time and unseen circumstances between our signing the contract and closing the sale but we knew what we wanted, we were financially sound, and we were optimistic.

So I was laid off last fall when DHL dramatically imploded; we have been dipping into the money we saved for a down payment; we no longer qualify for a mortgage, and our current condo has lost some $60-$70k in value if we could even sell it. So many strikes have gone against us in the last 12 months it is almost comical. We have been told that chances are way against us in getting our $21,000 earnest money back and is hinged on Vulcan wanting to save face with its community.

How many people are in this boat? Safeco, Wamu, Microsoft, Warehouser layoffs. Rollin Street is 25% sold, is any one even going to get a mortgage in a mostly vacant building? Anybody remember Florida and their new construction?

Although our earnest money would help my wife and I out tremendously during this time we are not bitter, just dissapointed in the financial powers that be. We still want to live in the SLU neighborhood and now just have to draw up new plans to get there.
Comment by Chip Serkland
February 05, 2009
( 0 votes )
RE: Us too...how many people are in this boat with us?
Chip -- not sure if you heard but a facebook group has been started for Rollin Street Owners to meetup, organize, and discuss these issues we are having. We would love to have you join. Go to facebook, create an account if you don't already have one, and search "Rollin Street Buyers". Ask to be added as a friend. We are only accepting people who have actually bought so it will be a private outlet to discuss our situations. Wish you the best. There are a lot of us in the same boat and having others to talk to, brainstorm with will help!
Comment by rollinst.
February 07, 2009
( 0 votes )
Power in Numbers
One commenter on the Times story said:

"As for clea88's comment that a $14,000 "escrow" is not a high amount for a $267,000 contract, the amount is greater than 5% which disqualifies it as forfeitable "liquidated damages" (state law considers an amount greater than 5% as punitive, and punitive damages are not allowed under Washington State law)."

Maybe there's a ray of hope...

Another thing I have picked up on is that it seems like a lot of the people in this predicament don't feel they can afford a lawyer. I would suggest calling one. An attorney will usually let you know whether you stand a chance in hell, for free.

It also seems like there may be enough people needing the same assistance. Perhaps you all should organize and get one attorney to represent the group.

Vulcan is probably not going to give Stuart Cohn his money back. If they did, the cat will be out of the bag and they will end up having to give all of you your money back, or at least some of it. There is power in numbers. Don't forget that.
Comment by Peckhammer
February 05, 2009
( 0 votes )
same boat...
Chip, you should come to the SLU meetup tonight at Southlake Union Grill.. . Lots of us in this situation will be there. Let's talk.
Comment by rollinst.
February 05, 2009
( 0 votes )
Organizing, you bet.....
Hey all,
If you are in a similar situation as the handful of us who lost our earnest money and cannot move into our pre-approved condos at Veer, Rollin Street, or Enso it might be worth going to this blog to see if we can organize, and if we can, to see what options we might have as a collective whole.

www.vulcanclassaction.org
Comment by tdsoerens
February 05, 2009
( 0 votes )
Picket call to action
What would be the ramifications if people who have either lost or are at risk of losing their earnest money and their supporters organized picket lines in front of the South Lake Union Discovery Center during business hours?

Interested?
Comment by screwdbyMess
February 08, 2009
( 0 votes )
I don't really understand this...
I thought the Vulcan contracts had a clause that allowed for the return of earnest money if the buyer was not able to secure a loan...
Comment by Chris
12 months ago
( 0 votes )
RE: I don't really understand this...
The buyers I talked to said there was no financing contingency clause in their P&S
Comment by rick.s
12 months ago
( 0 votes )
loan
You had to be preapproved to sign the contract, then after that they bear no responsibility if you cannot secure a loan at closing. Lame. Didn't even seem like an issue then. Boy how times change.
Comment by rollinst.
11 months ago
( 0 votes )
facebook
We are Rollin Street buyers. How do we get to the facebook info? We created a facebook account.
Comment by Denise H.
11 months ago
( 0 votes )
Earnest Money Deposit
I have been hearing that some people are having a difficult time understanding whether or not they can get their Earnest Money Deposit back. If your in thhis situation, you may have a very strong legal basis to demand your EMD returned to you. I have heard that a downtown law firm is handling these cases. A friend of mine used a guy named Stephen J. Crane at Crane Dunham PLLC. Call them if you feel like you have no recourse.
Comment by Chris Johnson
11 months ago
( 0 votes )
Tragedy
This is a true tragedy!
Comment by Robert
5 months ago
( 0 votes )
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