Joe Capote

February 3, 2010 • 9:59 am 0

Navigating Short Sales: What to Do When the Sale Price Leaves You Short

If you’re thinking of selling your home, and you expect that the total amount you owe on your mortgage will be greater than the selling price of your home, you may be facing a short sale. A short sale is one where the net proceeds from the sale won’t cover your total mortgage obligation and closing costs, and you don’t have other sources of money to cover the deficiency. A short sale is different from a foreclosure, which is when your lender takes title of your home through a lengthy legal process and then sells it.

 1. Consider loan modification first. If you are thinking of selling your home because of financial difficulties and you anticipate a short sale, first contact your lender to see if it has any programs to help you stay in your home. Your lender may agree to a modification such as:

When a loan modification still isn’t enough to relieve your financial problems, a short sale could be your best option if

  • Your property is worth less than the total mortgage you owe on it.
  • You have a financial hardship, such as a job loss or major medical bills.
  • You have contacted your lender and it is willing to entertain a short sale.

2. Hire a qualified team. The first step to a short sale is to hire a qualified real estate professional* and a real estate attorney who specialize in short sales. Interview at least three candidates for each and look for prior short-sale experience. Short sales have proliferated only in the last few years, so it may be hard to find practitioners who have closed a lot of short sales. You want to work with those who demonstrate a thorough working knowledge of the short-sale process and who won’t try to take advantage of your situation or pressure you to do something that isn’t in your best interest. 

A qualified real estate professional can:

  • Provide you with a comparative market analysis (CMA) or broker price opinion (BPO).
  • Help you set an appropriate listing price for your home, market the home, and get it sold.
  • Put special language in the MLS that indicates your home is a short sale and that lender approval is needed (all MLSs permit, and some now require, that the short-sale status be disclosed to potential buyers).
  • Ease the process of working with your lender or lenders.
  • Negotiate the contract with the buyers.
  • Help you put together the short-sale package to send to your lender (or lenders, if you have more than one mortgage) for approval. You can’t sell your home without your lender and any other lien holders agreeing to the sale and releasing the lien so that the buyers can get clear title.

3. Begin gathering documentation before any offers come in. Your lender will give you a list of documents it requires to consider a short sale. The short-sale “package” that accompanies any offer typically must include

  • A hardship letter detailing your financial situation and why you need the short sale
  • A copy of the purchase contract and listing agreement
  • Proof of your income and assets
  • Copies of your federal income tax returns for the past two years

4. Prepare buyers for a lengthy waiting period. Even if you’re well organized and have all the documents in place, be prepared for a long process. Waiting for your lender’s review of the short-sale package can take several weeks to months. Some experts say:

  • If you have only one mortgage, the review can take about two months.
  • With a first and second mortgage with the same lender, the review can take about three months.
  • With two or more mortgages with different lenders, it can take four months or longer.

When the bank does respond, it can approve the short sale, make a counteroffer, or deny the short sale. The last two actions can lengthen the process or put you back at square one. (Your real estate attorney and real estate professional, with your authorization, can work your lender’s loss mitigation department on your behalf to prepare the proper documentation and speed the process along.)

5. Don’t expect a short sale to solve your financial problems. Even if your lender does approve the short sale, it may not be the end of all your financial woes. Here are some things to keep in mind:

  • You may be asked by your lender to sign a promissory note agreeing to pay back the amount of your loan not paid off by the short sale. If your financial hardship is permanent and you can’t pay back the balance, talk with your real estate attorney about your options.
  • Any amount of your mortgage that is forgiven by your lender is typically considered income, and you may have to pay taxes on that amount. Under a temporary measure passed in 2007, the Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act, homeowners can exclude debt forgiveness on their federal tax returns from income for loans discharged in calendar years 2007 through 2012. Be sure to consult your real estate attorney and your accountant to see whether you qualify.
  • Having a portion of your debt forgiven may have an adverse effect on your credit score. However, a short sale will impact your credit score less than foreclosure and bankruptcy.

To find out how I can help you save your credit by coordinating your short sale, call Joseph Capote at (650) 269-3000 or visit my website at www.JosephCapote.com.

Note: This article provides general information only. Information is not provided as advice for a specific matter. Laws vary from state to state. For advice on a specific matter, consult your attorney or CPA. 

Filed under: Buyer's Blog, Seller's Blog, , ,

February 2, 2010 • 11:22 am 0

FHA Changes Announced

On January 20th, the FHA announced major changes to ensure it’s long term financial soundness. Gee whiz, aren’t we all?

FHA announced changes in the following areas:

  • The upfront mortgage insurance premium will increase to 2.25 percent up from 1.75 percent. For borrowers with downpayments of less than 20 percent this increase premium results in increased closing costs.
  • Borrowers with a credit score below 580 will be required to have a 10% downpayment. The minimum downpayment will remain 3.5% for all other borrowers.
  • Seller concessions will be reduced to 3% from 6%.

The FHA will make the following lender enforcement changes:

  • FHA will implement credit watch terminations at lender underwriting.
  • Public reporting of lender performance through a scorecard system will be implemented (What this means to the borrower is not included).
  • FHA will implement indemnification against lenders. Indemnification will be expanded beyond fraud and misrepresentations.
  • More stuff about enforcing and sanctioning lenders.

Thanks for the update FHA. We are juiced over this news!

For a realistic outlook on what this means to your home buying and financing strategies, call me! www.JosephCapote.com or (650) 269-3000.

Filed under: Buyer's Blog, ,

February 1, 2010 • 11:42 am 0

Tips for Finding the Perfect Neighborhood

For homebuyers, the neighborhood you live in can be just as important as the home itself. Some buyers prefer to be in a specific shool district, some is a very walkable area (walkscore.com can rank your area)  and some want a well kept neighborhood with good eye appeal. There is no doubt that your neighborhood has a big impact on your lifestyle. Follow these steps to find the perfect community to call home.

  • Is it close to your favorite spots? Make a list of the activities — movies, health club, church, etc. — you engage in regularly and stores you visit frequently. See how far you would have to travel from each neighborhood you’re considering to engage in your most common activities.
  • Check out the school district. This is especially important if you have children, but it also can affect resale value. The Department of Education in your town can probably provide information on test scores, class size, percentage of students who attend college, and special enrichment programs. If you have school-age children, visit schools in the neighborhoods you’re considering. Also, check out www.schoolmatters.com and www.greatschools.com.
  • Find out if the neighborhood is safe. Ask the police department for neighborhood crime statistics. Consider not only the number of crimes but also the type — such as burglaries or armed robberies — and the trend of increasing or decreasing crime. Also, is crime centered in only one part of the neighborhood, such as near a retail area?
  • Determine if the neighborhood is economically stable. Check with your local city economic development office to see if income and property values in the neighborhood are stable or rising. What is the percentage of homes to apartments? Apartments don’t necessarily diminish value, but do mean a more transient population. Do you see vacant businesses or homes that have been for sale for months?
  • See if you’ll make money. Ask a local REALTOR® or call the local REALTOR® association to get information about price appreciation in the neighborhood. Although past performance is no guarantee of future results, this information may give you a sense of how good of an investment your home will be. A REALTOR® or the government planning agency also may be able to tell you about planned developments or other changes in the neighborhood — like a new school or highway — that might affect value.
  • Make personal observations. Once you’ve narrowed your focus to two or three neighborhoods, go there and walk around. Are homes tidy and well maintained? Are streets quiet? How does it feel? Pick a warm day if you can and chat with people working or playing outside.

To find out more about neighborhoods, visit www.JosephCapote today. Or, better still, call me for a consultation and let me help you find your perfect neighborhood.

Filed under: Buyer's Blog

January 29, 2010 • 10:46 am 0

Stronger Than Expected GDP

This morning, fourth quarter GDP increased 5.7%, above the consensus forecast of 4.6%. Inventory gains accounted for the majority of the increase, and inflation readings remained low. The January Chicago PMI manufacturing index rose to 61.0, which was also higher than expected. Despite the strong data, though, there was little reaction in MBS markets. The Dow is up 50 points. Consumer Sentiment will be released at 10:00 et.

Best economic growth in six years

By Chris Isidore, senior writerJanuary 29, 2010: 9:38 AM ET

 NEW YORK (CNNMoney.com) — The U.S. economy grew at the fastest pace in more than six years during the fourth quarter of 2009, according to a government report Friday.

The nation’s gross domestic product, the broadest measure of economic activity, rose at a 5.7% annual rate in the fourth quarter. That was much stronger than expected and provides another sign that a recovery in the economy is taking hold.

Economists surveyed by Briefing.com had forecast growth of 4.7%.

The growth in the fourth quarter was the highest since the third quarter of 2003. The economy rose at 2.2% annual pace in the third quarter of last year.

But even with the strong growth in the second half of 2009, the economy shrunk by 2.4% last year. That was the biggest drop in 63 years and first annual decline for the economy since 1991.

The GDP report does not mark an official end of the recession. That determination will be made by the National Bureau of Economic Research, and that group typically waits months — if not more than a year — to declare when recessions ended and began.

But two straight quarters of economic growth is typically a sign of a recovery, and most economists agree that the recession ended at some point in the middle of 2009. The Federal Reserve even used the word “recovery” in the statement following its latest meeting earlier this week.

Much of the improvement was driven by a turnaround in inventories, the supply of goods that businesses produce in anticipation of sales. Businesses slashed inventories in late 2008 and early 2009 due to concerns about worsening economic conditions.

But 3.4 percentage points of growth in the fourth quarter came from the change in inventories, according to Friday’s report. A pickup in auto production was a significant part of the inventory turnaround, even though auto sales themselves only rose modestly.

An 18% jump in the value of exports also played a major role in the economy’s rebound, contributing nearly 2 percentage points of growth.

But the U.S. consumer was somewhat of a bystander in the fourth quarter, as personal consumption grew at only a 2% annual rate in the period. Spending by consumers accounts for more than two-thirds of economic activity.

Sung Won Sohn, economics professor at Cal State University Channel Islands, said there was good news in the report, but cautioned that the economy is unlikely to keep growing at such a strong pace.

“The not-so-good news is that most of the growth came from temporary factors such as inventories and government stimulus which can’t be sustained,” he said.

Federal spending on stimulus does not show up on any one line of the GDP report. In fact, government spending contributed nothing to growth by itself. But Sohn said it is clear that tax cuts and spending by businesses that received stimulus dollars helped to feed growth in the third and fourth quarters.

Filed under: Buyer's Blog, Realtor Trends, Seller's Blog, ,

January 28, 2010 • 11:28 am 0

10 Questions to Ask the Condo Board / HOA

Are you thinking of buying a Condo? It’s a great way for first time homebuyers to get their foot in the market as well as folks looking to downsize to continue to take advantage of the tax benefits of home ownership. The home owner’s association may look like a pretty benign thing but before you buy, contact the condo board with the following questions. In the process, you’ll learn how responsive — and organized — its members are. You’ll also be alerted to potential problems with the property.

1. What percentage of units is owner-occupied? What percentage is tenant-occupied? Generally, the higher the percentage of owner-occupied units, the more marketable the units will be at resale.

2. What covenants, bylaws, and restrictions govern the property? What grandfather clauses are in place? You may find, for instance, that those who buy a property after a certain date can’t rent out their units, but buyers who bought earlier can. Ask for a copy of the bylaws to determine if you can live within them. And have an attorney review property docs, including the master deed, for you.

3. How much does the association keep in reserve? Plus, find out how that money is being invested.

4. Are association assessments keeping pace with the annual rate of inflation? Smart boards raise assessments a certain percentage each year to build reserves to fund future repairs. To determine if the assessment is reasonable, compare the rate to others in the area.

5. What does and doesn’t the assessment cover? Does the assessment include common-area maintenance, recreational facilities, trash collection, and snow removal?

6. What special assessments have been mandated in the past five years? How much was each owner responsible for? Some special assessments are unavoidable. But repeated, expensive assessments could be a red flag about the condition of the building or the board’s fiscal policy.

7. How much turnover occurs in the building? This will tell you if residents are generally happy with the building. According to research by the NATIONAL ASSOCIATION OF REALTORS®, owners of condos in two-to-four unit buildings stay for a median of five years, and owners of condos in a building with five or more units stay for a median of four years.

8. Is the condo building in litigation? This is never a good sign. If the builders or home owners are involved in a lawsuit, reserves can be depleted quickly.

9. Is the developer reputable? Find out what other projects the developer has built and visit one if you can. Ask residents about their perceptions. Request an engineer’s report for developments that have been reconverted from other uses to determine what shape the building is in. If the roof, windows, and bricks aren’t in good repair, they become your problem once you buy.

10. Are multiple associations involved in the property? In very large developments, umbrella associations, as well as the smaller association into which you’re buying, may require separate assessments.

For more information on these and other issues, visit my buyer’s center at www.JosephCapote.com.

Filed under: Buyer's Blog, ,

November 12, 2009 • 11:30 am 3

My Date with the Donald

Today I met with the Donald. Well, really I spent one and a half hours at an introductory Trump University course. And if you are willing to alter your conception of ‘met’ to include a ten minute introductory video on a 6 foot projection screen, then yes, I did meet him.

I didn’t really know the Donald all that well until today. Sure, I know he routinely fires people as his schtick on ‘The Apprentice”, is an east coast real estate magnate, grew up in a well to do family. But today, I got insight into the mind of the Donald that I’ll never be able to give back.

You see, the Donald has money. So much money that he is not interested in making money anymore. That is why he has founded Trump university. To give back to the masses and to leave behind his legacy, a legacy so bold it transcends high rise buildings and Atlantic City casinos.

During his ten minute introductory video, the only point today at which he was present, the Donald described what students of Trump University could expect. Firstly, the instruction. World class teachers, scholars, laureates. The world’s smartest individuals, hand picked by the Donald to teach us, the masses, what we couldn’t know by simply attending these ‘accredited’ universities and business schools. Secondly, the cirriculum. Forget those blase’ topics the world’s most esteemed universities try to teach you. Trump University will teach you what you need to know to be rich in business. Exactly what you need to know, as opposed to the mundane, waste of time topics that other institutions provide.

When the video ended, the speaker was presented to us. No, it was not the Donald. The Donald is a busy man, and the demands of the Trump empire are great. What we, the masses, got was one of the Donald’s minions. His name was Jim, but I’ll choose to call him “Greasy”.

Greasy entered the stage dressed in apparel that would make any swampland salesman stand up and take notice. The slicked back hair, loosely buttoned collared bowling shirt and blue jeans just reeked credibility. Greasy was not a slow talker. He like to talk fast, and it became clear that he was into the wheel and deal, baby. Greasy was quick to point out that he was not used to giving presentations, but rather teaching his cirriculum as a three day weekend retreat. He did not mean to brag, but he did let us know that he taught as many of these classes as his time as a multi-millionaire real estate magnate would allow him.

After wowing us with his incredibly fast paced speech and regailing us with stories of his personal success, he made sure we knew he was hand picked by the Donald to speak with us.  Despite his assertion that he should be making tons more money elsewhere, Greasy had a  desire to give back to the world and teach us, the huddled masses, his secrets of becoming incredibly rich. As a forty-one year old retiree, Greasy had worked hard in his life and now just kicks back and lets his money work for him! (When he is not teaching his three day retreats and indroductory classes, of course).

Without delay, Greasy jumped into his ‘cirriculum’. He began by informing us that people that hold things in their own name (real property, in this case) were ‘idiots’. An interesting position, but after all, his point was that eventually we all go out and cause great personal harm to another individual, resulting in a lawsuit in which we lose our shirt. Greasy was kind enough to then point out that ‘smart’ folks create LLC”s, and that nothing ever goes in their name. Gee, Greasy, I’ve been to a few similar presentations and they never begin by teaching us how to best protect ourselves from expensive lawsuits. However, I’m not Greasy and I’m certainly not the Donald so what do I know?

Next up, Greasy presents the meat of the presentation: How to make money in real estate. Greasy begins by telling us that all the conventional wisdom of the ‘professionals’ is off base. To make gobs of money in Real Estate, one does not need money, credit or even a real estate license. You simply need the ability to do one thing and one thing only: Find incredibly naive and trusting people, and attempt to fleece the living hell out of them.

As much as I would like to tell exactly how the Donald and Greasy propose to help you make gobs of money in complex real estate transactions, the material is copyrighted and, not being an LLC, it could get sticky.  But I will tell the general idea.

  1. What you need to do is find incredibly desperate people in desparate situations.
  2. Coerce them to sign legal equitable title over to you.
  3. Have them sign documents stipulating that you can walk away from any deal at any time for any reason.
  4. Coerce said trusting people into accepting real estate offers and other complex real estate transactions for their property at well below market value.
  5. Sell the property yourself at market value.
  6. Pocket the difference.
  7. Success!

This is an extremely high level overview of Greasy’s presentation. He presented lots of specific ways to make money in this fashion in the real estate game. And to Greasy’s credit, he made it sound incredibly easy, quick and fun. Sure, you would have to continue with his three day retreat and sign up for a long term mentorship program with him, but as Greasy pointed out, smart people take action on this, stupid people are lazy and do not. Afterall, who can argue with that logic?

What Greasy did not really do a good job of pointing out was the incredibly high risk inherent in such complex real estate deals. If any part of the transaction does not go exactly according to plan  (very common, I can assure you), the transaction falls apart. Who do you think is left holding the bag? (Hint: Not Greasy. He is in an office somewhere laughing his ass off). The answer is you, and your property owner. A property owner who is now very angry with you and in all likelyhood has strong reason to believe you have committed fraud against him. It starts to become a little more clear why Greasy thinks an LLC is necessary, doesn’t it?

Aside from those strategies, Greasy also offered the following gems: 401k’s and retirement plans are scams. Pull your money out, or borrow against it, and you can then use it to invest is complex real estate transactions in which you CAN make 50% or more return on investment! Or totally lose your shirt. But Greasy ran out of time and didn’t cover that part.

Private investment money. Want to buy a property to flip it, but have no cash and sucky credit? No problem. Private investors will lend money to you with down or no credit check. Easy qualifying. They will quickly lend you the money to buy and fix up the place, at that time you can turn around and sell it for big bucks. What Greasy failed to mention is that if the job goes wrong (large construction jobs always go according to plan and never incur cost overruns, correct?) is that it’s your ass when Mr. private investor comes to collect. And since you’ve borrowed more than what the property will sell for, well, you get the picture.

The bottom line, and in all seriousness, is that this cirriculum was teaching folks amazingly unethical and irresponsible business dealings. About the only people guaranteed to make any money is the Donald and Greasy. Firstly, getting desparate people to sign legal title to you is frought with peril. Even if the deal works as Greasy laid it out, you are still opening the door for litigation from multiple parties. Not to mention the lack of ethics it would take to engage in this type of transaction in the first place. Secondly, borrowing money from private investors based on the future value of properties is risky. Short term, high interest loans to acquire properties that you will flip for profit can result in you being foreclosed against and or sued for the full amount (more lawsuits for you!). Lastly, cashing out or borrowing against your retirement to engage in these deals is EXTREMELY irresponsible advice. So is mortgaging yourself to the hilt with home equity lines to conduct these deals.

The bottom line is simple. If these methods were so easy and so successful, Greasy would be doing it and not getting paid to teach you how to do it. So would everyone else around you. But they are not, go figure. If this is your legacy Donald, do us a favor and stick to Atlantic City high rises.

Filed under: Buyer's Blog, Realtor Trends, Seller's Blog

November 6, 2009 • 10:41 am 0

First Time Homebuyer Tax Credit Extension Approved by Congress

It’s (mostly) official. After two weeks of delays, congress has voted to extend the first time homebuyer tax credit. The Senate voted 98-0 on Wednesday and yesterday the House voted 403-12 on legislation that includes the extension and expansion of the credit. The President is expected to sign the legislation, perhaps as early as today.

The new tax credit extension has a few differences. For example, income limits have been raised to $125,000 for a single buyer, $225,000 thousand for a married couple. This limit is bumped up from $150k total, and is a good move for areas where the cost of living is higher (like ours). Another difference a tax credit has been added for move-up buyers. Current homeowners could now be eligible for a $6500 tax credit for selling their current home and purchasing a new home.

For a brief the of changes to the homebuyer tax credit extension, the NAR has a good breakdown of the information HERE. There is also a really helpful list of FAQ’s from the NAR posted HERE.

Filed under: Buyer's Blog, Seller's Blog, , ,

November 5, 2009 • 11:39 am 0

The Road to Foreclosure – Part 2 – Loan Modifications

This post is part 2 in a series on understanding a borrower’s road to the foreclosure. This series attempts to help borrowers to make better choices and retain their options through better understanding of the foreclosure process as a whole.

What is a loan modification?
Answers.com defines loan  modifications as ” a modification to an existing loan made by a lender in response to a borrower’s long-term inability to repay the loan. Loan modifications typically involve a reduction in the interest rate on the loan, an extension of the length of the term of the loan, a different type of loan or any combination of the three. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default.” (http://www.answers.com/topic/loan-modification, par 1).

What makes a loan modification possible?
When a borrower has defaulted on the loan, generally the first step should be to investigate a loan modification. In the first entry in the series, it was pointed out that a loan modification is not a right of the borrower and is dependent upon the lender’s willingness to negotiate. While this is true, new programs are cropping up in an effort to promote guidelines and standardize loan modifications, such as the HAMP (Home Affordable Modification Program) which offer guides to the modifcations of first mortgages only. Lenders that have received TARP funds are required to participate in the HAMP program. More on this a little later in the post.

The current state of loan modifcations is a hodgepodge of lenders and possible programs. Addtionally, unscrupulous characters in both the real estate and legal professions have added to the confusion regarding what a loan modification is and who qualifies. Since the modification is really been dependent on the lender’s willingness to negotiate, this has resulted in a lot of consusion and leads folks to believe they could receive a loan modifcation based on the experience of someone they already know receiving one. For example, “My neighbor Joe modifed his loan, and I should be able to do the same at the same terms”.  Since each loan modification case is handled differently, even by the same lender, this is most always not true and adds to the already abundant confusion around loan modifications.

What about loan modificaton fraud?
The current amount of loan modification fraud awareness has reached the desks of the regulators. The California Department of Real Estate and the California Bar Association have investigated and/or taken action against realtors and lawyers who have been unscrupulously promoting loan modification services and not delivering. Scam artists will make lofty promises requiring an upfront fee and then never be heard from again. The list of lawyers under investigation is HERE. The California Department of Real Estate now has more than 1,340 open investigations into loan modification scams around the state, up from just 10 in August 2008 (More info on this HERE). In fact, the state attorney general has issued ways to help borrowers recognize and avoid loan modification scams, that is posted HERE.

The good news is, the government is attempting to regulate and standardize loan modifications. Programs like the Home Affordable Modification Program (or HAMP) are setting the stage for both borrower and lender to understand and participate in loan modifications under standardized guidelines, not just on a case by case basis. This program also standardizes the loan modification terms, conditions and length. There is a lot to know about the HAMP, and the official website is HERE. Additionally, the California state bar does recognize a VERY small number of lawyers who are qualifed to represent borrowers on loan modifcations. Check out this list at http://www.localloanmodification.com/CA.

Initiate loan modification as soon as loan default is imminent.
Many lenders require that a borrower be in default before the loan modification process can begin. The HAMP program requires the borrower be in default or “at risk of imminent default”. This depends on the lender, but generally is true. However, if the borrower has a choice they should try to modify the loan before defaulting, thereby preserving their credit rating as much as possible. This is especially true if the borrower can prove the ‘risk of imminent default”. Clearly, lenders are trying to protect themselves against borrowers attempting to modify loans who do currently have the means to continue to keep current.

Here is the takeaway for borrowers. If loan modification is the goal, then the borrower should begin contacting lenders as soon as default is imminent. They should attempt to work out a loan modification with their lender under the HAMP guidelines. They should be communicative and ready to submit all pertinent documentation to prove that default is imminent (w2’s, tax returns, pay stubs, etc). If the lender is not willing to negotiate, consider free credit counseling or  consider contacting an attorney who not only specializes but is recognized by the state bar as a qualified loan modification specialist. Be persistent when working with lenders.

Unfortunately, there are cases where a borrower just will not qualify for a loan modification, and must begin to cosinder the next option. Selling the home in pre-foreclosure or short sale. That is the next chapter in the road to foreclosure series.

Filed under: Buyer's Blog, Seller's Blog, ,

November 5, 2009 • 10:28 am 0

Senate Clears Homebuyer Tax Credit Extension; May Pass as Early as This Week | RISMedia

Senate Clears Homebuyer Tax Credit Extension; May Pass as Early as This Week

By Steve Cook and Brett ArendsPrint Article Print Article

senate_1105RISMEDIA, November 5, 2009—After two weeks of delay, the Senate cleared the way to pass a seven month extension and expansion of the tax credit for homebuyers. By an 85 to 2 roll call vote, the Senate voted to cut off debate on a package of measures that includes the homebuyer credit, making it virtually certain that the legislation will reach President Obama for his signature this week. 

The homebuyer tax credit, due to expire at the end of November would be extended through April 30 of next year. First-time buyers who are in the process of making a purchase would not need to worry about qualifying for the $8,000 credit if they close after the November 30 deadline. 

For the first time, the legislation that was recently cleared makes move-up buyers as well as first-time buyers eligible for a credit. The $8,000 maximum first-timer credit will continue and will now be available to couples with income up to $225,000, a nearly $55,000 increase above the level in existing law. A new $6,500 maximum credit would also be available to move-up homeowners who have lived in their current residence for five of the prior eight years. 

For homebuyers across the country, the expanded tax credit would allow more people to qualify for the credit. While two-thirds of American families own their own home, and most earn less than the income limits that have been established within the extension, more buyers may be eligible. Move-up buyers don’t have to sell their current home to qualify for the new credit, but the money cannot be used to buy a vacation home. “It’s only for a primary residence,” said Regan Lachapelle, a spokeswoman for Sen. Harry Redi (D-Nev.), who helped engineer the deal. “In expanding the tax credit, we are helping first-time home buyers, as well as homeowners looking to move up to a new home, but we would exclude from the credit speculators who may have recently purchased a home intending to flip it for a fast profit,” said Senator Max Baucus, Democrat of Montana and chairman of the Finance Committee. 

The tax credit has fired-up the housing market, driving existing home sales to the highest level in over two years. The National Association Realtors reported sales jumped 9.4% to a seasonally adjusted annual rate of 5.57 million units in September and are 9.2% higher than the 5.10 million-unit pace in September 2008. 

The legislation included provisions added to address complaints of fraud as well. The Internal Revenue Service is given greater authority to oversee the process to root out fraud, and provisions are added in response to past abuses of false sales or underage buyers. An investigation by the Treasury Department’s Inspector General for Tax Administration found that more than 580 children, some as young as four years old, had received $627,000 in first-time homebuyer credits. The IRS has identified 167 suspected criminal schemes and opened nearly 107,000 examinations of potential civil violations of the first-time homebuyer tax credit.

For more information, visit www.realestateeconomywatch.com and www.wsj.com. 

via rismedia.com

Tax credit extension now includes a move-up homebuyer tax credit of $6500 and higher income limits for firt time homeowners. C’mon congress, do it!

Posted via web from josephcapote’s posterous

Filed under: Buyer's Blog, Seller's Blog, ,

November 2, 2009 • 12:36 pm 1

The Road to Foreclosure – Part 1 – The Overview

This post is part one in a series of posts writting in a effort to help borrowers understand the foreclosure process. Experts agree that there will be an increase in short sales and REO’s (pre-foreclosure and foreclosures) in San Mateo county over the next year. Given that we are an affluent county, we are behind the curve in terms of these types of properties in comparison to the east and south bay counties. However, right now there are as high as 40% of the available homes on the market are short sales/REO’s and this number looks as if it will rise. This series will attempt to help borrowers understand the timelines and steps on the road to foreclosure. More importantly, it attempts help borrowers to better understand when it make sense to look into loan modification, bankruptcy, sell the property in pre-foreclosure (possible short sale) or let the lender foreclose.  I’ll get started by looking at some of the steps involved on the road to foreclosure.

Firstly, lets take a look at the parties involved and some of the terminology.  A mortgage loan is secured by a deed of trust. The deed of trust is the security for your loan. It is what is documented in the public records. A deed of trust contains three parties: A trustor, which is the borrower. The trustee, which is the entity that holds the “bare legal’ title (usually a title company), and the beneficiary, which is the lender. It is the trustee that holds the “power of sale” clause in the event of default.

Step 1. Borrower defaults on a loan. The borrower can default for a number of reasons. The lender (beneficiary) attempts to reconcile with the borrower (trustor) directly. When this fails, the trustee files a Notice of Default (NOD) with the county in which the subject property is located. This is notice that the loan is in default and officially signifies that the home is in foreclosure and the process has begun. The filing of the NOD can be anywhere from 30-90 days from the first missed payment, depending on the lender. If the mortgage is not made current within 3 months from the filing of the NOD (not 90 days – 3 calendar months), the trustee then files the Notice of Trustee Sale (NOTS). This is the 21 day notice that the trustee intends to sell the property at trustee sale. Once a trustee sells the property at Trustee’s sale, all sales are final. 

Step 2. Loan Modification. The borrower (trustor) will usually take this step first. The borrower calls the lender or mortgage servicer and tries to negotiate a loan modification. This process is dependent upon the lender’s willingness to negotiate and nothing more. This is not a right of the borrower to have a loan modified, nor is there any legal ramifications to the lender if they choose not to modify. This has resulted in a hodgepodge of loan modification scenarios, and a wave of loan modification sheisters have cropped up in both the real estate and legal professions, adding to the confustion.

Step 3. Short Sale (Pre-foreclosure). After being denied or not qualifiying for a loan modifcation, the borrower will then investigate a short sale. They contact their local realtor and list the property for sale. Depending on where in the foreclosure process and the expertise of the realtor, the property is either approved for short sale by the lender’s loss mitigation representatives or the short sale fails.

Step 4. Borrower calls attorney to file a chapter 13 bankruptcy. Since the borrower is in default and the current mortgage is in arrears, the borrower does not qualify for a chapter 13 bankruptcy. Depending on the expertise of the legal professional handling the bankruptcy, the case is filed in the proper county in an effort to stall (where it will probably fail), or the borrower will be advised to walk away from the property and let the bank foreclose.

Proper undstanding of all the options available, as well as an understanding of the borrower’s individual scenario is key to understanding the best options for the trustor (borrower). Problems arise when the borrower waits to long to act, or gets bad advice from unqualified professionals. It is important to understand that the sooner the borrower takes action, the more options are available to him/her. Taking action at the first sign of default or even when the trustee files the Notice of Default leaves more options open to the borrower as opposed to waiting until the Notice of Trustee Sale is filed. Waiting this long to take action really limits the steps the borrower can take.

This should do well to set up the next part in the series: All About Loan Modifications

Filed under: Buyer's Blog, Seller's Blog, , , ,

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