Thursday, March 26, 2009

What Appraisers Look For in a House

By Barbara Ballinger | REALTOR Magazine | April 2009

Here are some of the factors that appraisers Joni L. Herndon of Real Property Analysts/Gulf Coast in Tampa, Fla., and John A. Hillas of Hulbert & Associates Inc. in Modesto, Calif., say they consider when determining value.

  • Incentives and concessions. Most of today’s buyers expect to pay the lowest possible price and still get some extras. Sellers and home builders are offering money toward closing costs, remodeling and decorating, upgrades, and association dues. The price set initially may not be the final price once concessions are factored out. Appraisers care about that final number.
  • Closing date. Forget what comparable neighborhood houses sold for a few months back. Appraisers want prices from the most recently closed transactions. “If a sale was more than 45 days ago, even 35, the price may be irrelevant,” Hillas says.
  • Condition and curb appeal. Appraisers typically find several properties with similar interior and exterior features to determine value. When markets are healthy, blemishes matter less, but when markets soften, problems—a dated kitchen or barren lawn—can reduce prices and deter buyers. “The difference in value is not just the repair costs but the time and hassle to make them. It’s better for sellers to do work in advance,” Hillas says.
  • Foreclosures. Appraisers technically shouldn’t consider neighborhood foreclosures when valuing a home, since foreclosures don’t meet the Appraisal Institute’s definition of a property reasonably exposed in a competitive market, says Herndon. “But when several neighborhood homes are abandoned, it’s hard not to caution sellers that this is a troubling trend and may affect home values,” she says.
  • Changing demographics. If a house is in an up-and-coming area, the value can be expected to rise. A location that’s perceived as safe also may help attract the increasing number of single female buyers.
  • Economic clouds. If there’s an oversupply of comparable homes for sale, or if the local job market is suffering, buyers may be hesitant to invest. Hillas advises setting prices aggressively from the get-go.
  • Chemistry. It’s hard to account for those times when buyers fall in love with a house, despite a high price, poor condition, or tough economy. “Emotional attachment is a factor that can’t be predicted,” says Herndon. Hillas agrees, “It’s what makes it harder to appraise homes versus commercial buildings, where buyers care more about the bottom line.”

Monday, March 16, 2009

Disposition of Personal Property Left on Commercial Property

commercialAB 2025 went into effect Jan. 1, 2009. This law assists commercial property landlords with the disposition of personal property remaining on the premises at the termination of a tenancy. If the landlord  reasonably believes that the total resale value of the personal property is the lesser of $750 or $1 per square foot of the premises occupied by the tenant, the landlord may retain the property for his or her own use or dispose of it in any manner; otherwise, it must be sold at a public sale. The law requires that a “Notice of Right to Reclaim Abandoned Property” be sent to the person the landlord reasonably believes to be the owner of the personal property (other than the former tenant).

Details of the Bill

-Burt

Tax Exemption for Mortgage Debt Forgiveness

The good news! Homeowners will be getting some relief on their taxes this year and the years to come. The Mortgage Debt Forgiveness Law allows a homeowner to not have to claim the debt forgiven from a short sale or foreclosure as income.

The bad news! The State of California lost the exemption January 1, 2009. The Federal exemption continues to December 31, 2012.

Check out the summary below and more details at Franchise Tax paidBoard Article. More information on the options available you.

-Burt

California law, SB 1055, which went into effect Sept. 25, 2008, conforms California Revenue and Tax Code Section 17144.5 to the federal Mortgage Forgiveness Debt Relief Act of 2007 with the following exceptions:

(1) The maximum amount of acquisition indebtedness is $800,000 for couples filing jointly and $400,000 for individual filers;

(2) The maximum amount of debt relief income that can be forgiven is $250,000 for couples filing jointly and $125,000 for individual filers; and

(3) California’s debt relief statute applies to property sold on or after Jan. 1, 2007, and before Jan. 1, 2009.

Friday, March 13, 2009

Tax Implications of a Short Sale

There is a plethora of information available regarding foreclosures, short sales and deed-in-lieu of foreclosures.  Where does someone start?  My recommendation is to speak with a qualified tax accountant or CPA, of which I am not.  However, here is start of some good information regarding the tax implications of debt forgiveness from the disposition of your personal residence. 

munster Please keep in mind you could have a taxable event if your home sells in a short sale or foreclosure for less than the outstanding loan amount.  There is a possibility the lender could even pursue a deficiency judgment from you in satisfying the difference between the two.  This is a possibility, but it does depend on whether you refinanced or have a second mortgage (see blog entry Refinancing and Recourse vs. Non-Recourse Loans).  There is also the chance a lender would not pursue a deficiency judgment because of the fact they have a lack of resources in doing so.

When you speak with your tax accountant ask him or her about IRS Form 982:  Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment).  You may be able to file this form with your tax return and relieve yourself of the tax implications.

With that said here are a few sites that may be helpful in your quest:

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation

Tax Implications of Debt Forgiveness

Debt Settlement and Income Taxes

-Burt

Mortgage Workout Programs for Homeowners

Mortgage Workout Programs for Homeowners

On Wednesday, February 18, 2009, President Obama announced his new Homeowner Affordability and Stability Plan to help troubled homeowners avoid foreclosure.  This plan will offer assistance up to 9 million homeowners and applies only to primary residences.  The first component of the plan allows homeowners who are current to refinance an existing Fannie Mae or Freddie Mac conforming loan with a loan-to-value ratio up to 105 percent.  The second component addresses homeowners who are at risk of foreclosure on their mortgages, but they do not have to be delinquent.  The government will work with the lenders to ensure that monthly mortgages do not exceed 31 percent debt-to-income ratio.  Furthermore, the government will seek to create clear and consistent guidelines for loan modifications.   

The details of the Homeowner Affordability and Stability Plan were released on Wednesday, March 4, with the introduction of the Making Home Affordable plan.  Please look at the appropriate charts below to read about the summary of these new programs. 

For more information about the Making Home Affordable Program, click here.

The following information is intended for REALTORS® and homeowners seeking information on existing mortgage workout programs.  In general, the loan modification programs on the chart (see link below) and consumer information sheets (see links below) are intended for primary residences only.

For a lender comparison chart on existing mortgage workout programs (revised 3/09), click here. The chart is a compilation of programs offered by the larger lenders and government entities. If a specific lender or loan servicer is not on the chart, homeowners may wish to contact the lender or loan servicer to determine if a workout program is available.

For consumer information sheets containing detailed information on specific programs that REALTORS® can share with their clients, please click on the appropriate link below.

. Making Home Affordable Refinance
. Making Home Affordable Modification
. HOPE For Homeowners (H4H)
. Countrywide Financial (Bank of America)
. Citigroup, CitiMortgage
. JP Morgan Chase & Co.
. IndyMac Federal Bank, FDIC
. Federal Government Loan Modification (Participants include: Fannie Mae, Freddie Mac, Federal Home Loan Banks, Hope Now participants, Department of the Treasury, Federal Housing Administration and the Federal Housing Finance Agency, and Wells Fargo.)

Mortgage loan modifications typically are handled on a case-by-case basis. Homeowners having difficulty meeting their mortgage obligation or interested in finding out more about a loan modification program should start by contacting their lender. Prior to calling a lender or loan servicer, homeowners should have the following information available:

. Loan number

. Income information and documentation

. Most recent mortgage statement

. Bank statements

. Letter demonstrating financial hardship

REALTORS® who wish to assist their clients in seeking loan modifications should ensure they are in compliance with California law.  For further information, please visit the California DRE Web site at http://www.dre.ca.gov/mlb_adv_fees.html . REALTORS® also may direct clients to work with a U.S. Dept. of Housing and Urban Development (HUD)-approved counselor.  For a list of HUD-approved counselors in California, visit the HUD Web site at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=CA .

Wednesday, March 11, 2009

Understanding the Housing Stimulus Package

Some helpful links:

Obama Housing Plan: What You Need to Know

Housing Stimulus Laws of 2009

Home Refinance and Loan Modification Plan

Ambitious Foreclosure Plan Revealed - How Will it Help?

Obama Plan Aims to Help "Responsible" Homeowners

Home Buyers in California Could Enjoy Up To $18,000 in Tax Credits

How to Help Homeowner's Understand Obama's Foreclosure Plan March 4, 2009

Courtesy of: Jake Baker, Pacific Mortgage Consultants, (415) 847-2670

Making Home Affordable Programs

Key Refinancing Qualification Guidelines:

  • This program is designed to enable the refinancing of homes that have lost value into today’s lower rates until June 2010
  • Across the board $729,750 1st mortgage maximum!
    • It appears that restrictions by county were eliminated!
  • Homeowner must be able to qualify for and afford the new, lower payment
    • Primary residence will be verified by tax return, credit report, & utility bills
    • Income verified by one year tax returns & recent pay stubs
    • No more that 30-days late on your mortgage payment in the last 12 months
      • In other words, no more than one 30-day late in the past year
  • Current 1st must be held or controlled by
    • Fannie Mae: 1-800-7FANNIE (8am to 8pm EST)
    • Freddie Mac: 1-800-FREDDIE (8am to 8pm EST)
  • Some details are not as clearly stated as loan mod details...
    • For example, 105% LTV for the 1st mortgage was stated in last week's press release
      • In other words, if your mortgage happens to be at the new limit - $729,750; but your home value has fallen to $766,237 -- congratulations, you just made it!
      • However, I cannot find that same LTV cap in the official release today
      • For now, we can assume a 105% LTV is still in effect
    • Nor is it perfectly clear how 2nd mortgage lenders will be dealt with
      • 2nd mortgage payments will still be in the back end debt ratios
      • Will they voluntarily subordinate to the new 1st?
      • There is a cash incentive to cooperate in the loan modification program that will be paid by the FED to the 2nd lien holders; perhaps this will be allowed in the refinance program, too

Key Loan Modification Details:

  • $75 billion to the 3-4 million who are now "Underwater" due to legitimate hardships goes to 2012
    • How the FED will monitor on-going hardships still TBD
  • Only loans currently owned or controlled by Fannie Mae and Freddie Mac
  • Homeowners can go direct to their Lender -- no 3rd parties needed
  • Maximum $729,750 home value, and no LTV requirements
  • Homeowner DOES NOT have to be delinquent in order to qualify
  • Required Docs: most recent tax return; two pay stubs; hardship letter
  • Loans are 5-year fixed going for as low as 2%
  • Payments will be lowered to 31% of income
    • Lenders must drop payment to 38%"
    • FED will share the further drop down to 31%
      • Example: 1st Mortgage = $500k @6.25% = $3,078/month
      • Income = $4,000 per month X 31% = new payment of $1,240!
    • Cash incentives will be paid to lenders to cooperate
    • Cash incentives will be paid to borrowers, too!
      • As long as the borrower stays current on his or her payments, he or she can get up to $1,000 each year for five years paid towards loan principle