FORECLOSURE AVOIDANCE!

I now have an agent working with me who is familiar with “Short Sales” or “Foreclosure Avoidance”.If you know someone who might need this help, please call or write!!  To begin with, let’s define a “short-sale.” In today’s volatile mortgage market, you might be hearing the term “short sale” tossed around.  A short sale is a real estate transaction where the borrower is “short” the required funds to close on their home sale. For example, let’s say a borrower owes $250,000 on their present home mortgage, unfortunately market values have declined in their area and most homes similar to theirs are only selling for $230,000. As you can see, there’s a $20,000 deficit (shortage) between value and mortgage. In some instances lenders are willing to forego the difference to help close the loan and get the bad debt off of their books

 

 
To effectively work short sales, agents & sellers need to be familiar in three areas:  
 
The subject property
The borrower
The existing lender(s)
 
 

The subject property

 
 
 
The first step in working a short sale is to know something about the existing property being marketed. Does it qualify for a short sale? Most lenders will only allow short sales if certain circumstances exist. For example, will the subject property only bring a certain amount of money based on the local market area? Of course the value will need to be less than the current mortgage amount owed. To determine this, the lender will require a bare minimum of a Competitive Market Analysis (CMA) from the real estate professional. In many cases the lender may require a fully fledged appraisal; however you still need an agent to be familiar and competent on what the values are in your area.  
 

The borrower

 
 
 
The Realtor (and, ultimately the lender) will need to know what are the circumstances and why is there a need to do a short sale? These questions and many more will need to be answered and submitted to the lender for consideration. Understand that most lenders will not allow a short sale to someone who has made poor decisions and is just looking for relief from their home loan. Generally there should be some crisis situation or extenuating circumstance that has put the borrower in a compromised financial state with his/her mortgage.  
 

The existing lender(s)

 
 
 
Finally, you will have to find out if there is qualification for a short sale, and what documentation the lender will require to make this transaction possible. The Realtor and homeowner will have to find out if the lender will require a pay-back, or, if the short sale will go against the borrower’s credit report. Many lenders will have a checklist of the necessary items required to make a short sale possible. Don’t quit on one call, many times you’ll need to ask and ask until you find the right person who can authorize a short sale.  
 
In Closing  
A homeowner who might need a short sale should absolutely speak to legal counsel before proceeding with a short sale. That homeowner should consult with a tax attorney or CPA as a prudent step. Many short sales result in a 1099 being issued for the shortage the lender writes off on the transaction. Good advice from the proper channels in advance can save everyone future headaches and additional problems.  
 
Your Realtor should prepare a checklist of items that you should consider regarding a short sale. This will help to determine your eligibility. A little preparation in advance and valuable insight into new solutions for paying off a mortgage in a market where property values are down are the least you should expect from your Realtor. After all, no one wants to lose a home in foreclosure, and if the lender provides an alternative for relief to the seller, it might be an option to consider.  
 
Note that there are many more details and issues to explore and investigate prior to doing a short sale. This article is only a brief explanation of some of the issues and areas to consider regarding short sales.  

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IS IT ALWAYS A GOOD TIME TO BUY???

Is it always a good time to buy real estate?  There is, of course, no absolute answer to this question as there are a million stories in the city!  Real estate stats & numbers are useful, but don’t paint the personal picture that we individually may need.  The particulars of any one person’s situation dictates the answer for the moment!  The first question is:  do you have to sell to buy?  It is definitely more of a buyer’s market than we’ve seen in years.  There is actually “negotiation” taking place in our local real estate market.  And, the Portland real estate market, in general, has not been hurt like some other markets.  But, don’t try to convince someone who is trying to sell a condo, for instance, of that fact.  As with a lot of life processes, it’s all about timing.  We can’t rely on general statements about the market without knowing the personal details of the individual’s situation.  It might be a good time to sell & buy, but it depends.  For instance, if you purchased a condo in the last couple of years you most likely do not have enough equity built into your home to be thinking of trying to trade in this market if you don’t have to sell.  The condo & townhouse market is stuggling presently.  Not to worry, the condo market will rejuvenate with time and the right opportunity will surface!  However, if you’ve owned your condo for a while and you can price for the 2008 market, not 2005, then you’re golden.  Detached housing needs to be priced competitively, staged properly and positioned in the marketplace to be perceived, at the very least, as a deal!  Having owned the home long enough to have acquired some equity definitely allows the seller to “price to sell”!   If you are an investor, there are some “steals” and “deals” out there.  If you are a first-time buyer, this is YOUR market!  In my opinion, this is one component that our present market adjustment is all about.  We needed to get the first-time buyer back into marketplace thru affordability and inventory to start the tiered progression of real estate sales!

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SHOULD I KEEP RENTING OR IS IT TIME TO BUY???

Should I keep renting or is it time to buy?

With every rent check you write, you’re helping to build equity in your landlord’s property. You are paying off their loan. That money should be going towards building equity in a home of your own. If you think you can’t afford a home right now, think again. Today’s rates are low enough that your house payment could be as low as your rent payment! There are many advantages to owning a home, including:

INVESTMENT- Payments on your mortgage loan mean you are acquiring a major possession; instead of rent, you own more and more. With many homes in the Portland area appreciating around $2000-$3000 per month, the equity you gain in one year is skyrocketing. The garden you plant, the permanent improvements you make - all enhance your way of living as well as the value of your home.

CASH EQUITY- Better than a savings account, your home can appreciate to keep pace with inflation. Over time, history has shown that owning a home is one of the very best financial investments.

TAX ADVANTAGES - Your real estate taxes and the interest on your mortgage are deductible from your income tax. The government is basically subsidizing your purchase of a home. All of the interest and property taxes you pay in a given year can be deducted from your gross income to reduce your taxable income.

FINANCIAL INDEPENDENCE - Most people start on the road to financial independence through home ownership. Your principal and interest payments can remain the same for the full term of your mortgage while your rent usually goes up as the cost of living increases. Imagine how much rent might be ten, fifteen, or even thirty years from now? How much of your home would of been paid off if you decided to buy. Which makes more sense?

SECURITY - A feeling of security that comes from owning a home and the knowledge that your home is a safeguard against inflation.

ENVIRONMENT - You get to choose the area, schools, safeness of your community. Your children grow up in the neighborhood of your choice.

SATISFACTION - Home ownership offers special advantages that make life more enjoyable - backyard barbecues, large family gatherings during holidays, a home workshop, a chance to enjoy your family’s companionship in the privacy of your own home. Renting, You have to get permission to make certain types of improvements. Nor does it make sense to spend thousand of dollars painting, putting in carpet, tile or window coverings when the main person who benefits is the landlord and not you.

  

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Why FHA Financing for Homes is Gaining in Popularity!

When I began my real estate career in 1985 in Eugene, OR, FHA (Federal Housing Administration) loans were a mainstay of everyday financing.  I “cut my teeth” on government loans.  Once I moved my business to Portland in the early ‘90’s, I found a lot of resistance (mostly from Realtors) to both FHA & VA (Veterans Administration) financing.  But, both FHA & VA loans have become easier to work with and here are some reasons why FHA financing is looking even more attractive in today’s mortgage marketplace:1)       FHA is one of the best loan’s available in today’s market.  Contrary to popular opinion, FHA is now for everyone, not just the low income borrower.  Many areas of the country now have new FHA loan limits and is relevant to a much wider spectrum of home buyers.  There are no income limits.  Rates and terms are good.  FHA allows a 97% LTV (loan to value) and this carries over to the new FHA jumbos (loan amounts over $420,000) until year end.  And, this 3% downpayment/investment can come from a variety of different sources (savings, gifts, IRAs, 401Ks, etc).2)      FHA is a great loan for the borrower.   FHA is one of the few loans left that is still assumable, subject to the new buyer qualifying.  It’s the only loan that allows the borrower to do a “streamlined refinance” to a lower rate with no appraisal and no qualifying.  The rates are advantageous, there are no prepayment penalties and FHA mortgage insurance is no more expensive than with comparable conventional high-LTV (loan-to-value) mortgages.  3)      There is no reduction in LTV for properties in declining areas.  Conventional financing features a five percent LTV hit for properties deemed to be in declining areas.  In some areas, this is another huge factor in FHA’s power. 4)      FHA is for owner-occupants only.  FHA does require its borrowers to move in within 60 days of closing and stay put for a minimum of one year.5)      FHA is a government program through and through, but it pays for itself and is not funded through tax payer dollars.  It’s not subsidized nor is it a drag on the economy and it’s not a giveaway program.  6)      FHA is very lenient with borrower credit issues.  Depending on the risk level of the entire buyer’s file, the automated underwriting systems will take credit scores in the 550 to 600 range.  Some lenders impose their own minimum credit scores for FHA, however.  FHA allows all alternative credit references (such as utility payment history and insurance premiums), nominal credit and is very lenient in its bankruptcy rules.7)      FHA has expanded its loan products.  There are fixed rate and FHA hybrid adjustable rate mortgages (ARMs).  Also there is a 2/1 buydown option (to pay down the interest rate), buyer must qualify at the Note rate.  8)       FHA is full documentation only.  Stated income and light-doc are not in FHA’s repertoire.  There is, in fact, lots of additional documentation necessary.  But, the additional documentation is what makes the looser credit parameters and generous downpayment requirements feasible.  There is automated underwriting for faster approvals.  9)      FHA has reduced appraisal requirements.  FHA permits an “as-is” appraisal for existing properties.  10)   The new FHA loan limits are set to expire December 31, 2008.  Unless extended by congress, the FHA loan limits will revert back to their previous levels, which is to say they will not be workable for the nations many high-cost areas.  FHA loan limits differ from county to county and for single-family, duplex or multi-plex.  The FHA single family loan limits for Multnomah, Washington and Clackamas counties are $417,750 (loan amount). 

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LOOKING AT THE REAL ESTATE MARKET IN A DIFFERENT WAY: INVESTING!

Nearly all residential appraisals are based on comparable sales — comps. However, most commercial appraisals rely more on the “income capitalization” approach to valuation. This latter method, applied to residential real estate, casts a lot of light on the market run-up and can help you find the bottom of the bust in your market.The idea with the income-capitalization approach to home valuation is that rents (income), minus expenses and divided by investment (sales price) equals the return on investment (capital). This return on capital is commonly referred to in the industry as the “cap rate” and should be considered analogous to the percentage return you’d receive on other investments like stocks or treasuries. So, for example, a commercial building with a cap rate of 6 percent on a $1 million investment should be expected to generate a return of $60,000 per year.If you look at cap rates for residential real estate over the past few years it isn’t hard to see we’ve had a problem during this time. In my neighborhood, houses that were selling for $850,000 at the peak of the market rent for about $2,000 per month. After deducting property taxes and insurance (assuming zero maintenance and zero vacancy), the cap rate is about 1.5 percent, or a “one and a half cap.” Now let me ask you: How is this a good investment? You might want to answer “appreciation,” but keep in mind that unless rents increase, rising prices only continue to lower the cap rate. Thus appreciation is fundamentally limited by the growth of rents (or how bad of an investment one is willing to make).Looking forward, you can quickly and easily estimate where the bottom might be in your market by taking local rental rates, multiplying by 12, subtracting taxes and insurance, and dividing by a reasonable cap rate. A reasonable cap rate will vary, going as low as 2 percent for a trophy property in a fabulous location to 12 percent or more in high-crime areas.

Top Ten Tax Deductions for Landlords

Learn about the many tax deductions available to rental property owners.

Every year, millions of landlords pay more taxes on their rental income than they have to. Why? Because they fail to take advantage of all the tax deductions available for owners of rental property. Rental real estate provides more tax benefits than almost any other investment.

Often, these benefits make the difference between losing money and earning a profit on a rental property. Here are the top ten tax deductions for owners of small residential rental property.

1. Interest

Interest is often a landlord’s single biggest deductible expense. Common examples of interest that landlords can deduct include mortgage interest payments on loans used to acquire or improve rental property and interest on credit cards for goods or services used in a rental activity.

2. Depreciation

The actual cost of a house, apartment building, or other rental property is not fully deductible in the year in which you pay for it. Instead, landlords get back the cost of real estate through depreciation. This involves deducting a portion of the cost of the property over several years.

3. Repairs

The cost of repairs to rental property (provided the repairs are ordinary, necessary, and reasonable in amount) are fully deductible in the year in which they are incurred. Good examples of deductible repairs include repainting, fixing gutters or floors, fixing leaks, plastering, and replacing broken windows.

4. Local Travel

Landlords are entitled to a tax deduction whenever they drive anywhere for their rental activity. For example, when you drive to your rental building to deal with a tenant complaint or go to the hardware store to purchase a part for a repair, you can deduct your travel expenses.

If you drive a car, SUV, van, pickup, or panel truck for your rental activity (as most landlords do), you have two options for deducting your vehicle expenses. You can:

  • deduct your actual expenses (gasoline, upkeep, repairs), or
  • use the standard mileage rate (50.5 cents per mile for 2008; 48.5 cents per mile for 2007). To qualify for the standard mileage rate, you must use the standard mileage method the first year you use a car for your business activity. Moreover, you can’t use the standard mileage rate if you have claimed accelerated depreciation deductions in prior years, or have taken a Section 179 deduction for the vehicle.

5. Long Distance Travel

If you travel overnight for your rental activity, you can deduct your airfare, hotel bills, meals, and other expenses. If you plan your trip carefully, you can even mix landlord business with pleasure and still take a deduction.

However, IRS auditors closely scrutinize deductions for overnight travel — and many taxpayers get caught claiming these deductions without proper records to back them up. To stay within the law (and avoid unwanted attention from the IRS), you need to properly document your long distance travel expenses.

6. Home Office

Provided they meet certain minimal requirements, landlords may deduct their home office expenses from their taxable income. This deduction applies not only to space devoted to office work, but also to a workshop or any other home workspace you use for your rental business. This is true whether you own your home or apartment or are a renter.

For the ins and outs on taking the home office deduction, see Home Business Tax Deductions, by attorney Stephen Fishman (Nolo), or Every Landlord’s Tax Deduction Guide, also by attorney Stephen Fishman (Nolo).

7. Employees and Independent Contractors

Whenever you hire anyone to perform services for your rental activity, you can deduct their wages as a rental business expense. This is so whether the worker is an employee (for example, a resident manager) or an independent contractor (for example, a repair person).

8. Casualty and Theft Losses

If your rental property is damaged or destroyed from a sudden event like a fire or flood, you may be able to obtain a tax deduction for all or part of your loss. These types of losses are called casualty losses. You usually won’t be able to deduct the entire cost of property damaged or destroyed by a casualty. How much you may deduct depends on how much of your property was destroyed and whether the loss was covered by insurance.

9. Insurance

You can deduct the premiums you pay for almost any insurance for your rental activity. This includes fire, theft, and flood insurance for rental property, as well as landlord liability insurance. And if you have employees, you can deduct the cost of their health and workers’ compensation insurance.

10. Legal and Professional ServicesFinally, you can deduct fees that you pay to attorneys, accountants, property management companies, real estate investment advisors, and other professionals. You can deduct these fees as operating expenses as long as the fees are paid for work related to your rental activity.Did You Know?Did you know that:

  • Landlords can greatly increase the depreciation deductions they receive the first few years they own rental property by using segmented depreciation.
  • Careful planning can permit you to deduct, in a single year, the cost of improvements to rental property that you would otherwise have to deduct over 27.5 years.
  • You can rent out a vacation home tax-free, in some cases.
  • Most small landlords can deduct up to $25,000 in rental property losses each year.
  • A special tax rule permits some landlords to deduct 100% of their rental property losses every year, no matter how much.
  • People who rent property to their family or friends can lose virtually all of their tax deductions.

  

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