Thursday, February 26, 2009

Leagal Update

Leagal Update

New California tax credit....
-10K home buyer tax credit if close home after march 1st.
-spread over 3 years .
-200K home=full tax credit, if less 5% of purchase price
-on top of 8k federal tax credit
-100m fund, first come first serve, 10K homes.
-non-refundable(must pay taxes to benifit.)
-dont have to be a first time buyer



For home buyers

The federal and state governments have both created credits for home buyers, but the rules are quite different.

Under the federal plan, if you have not owned a home in the past three years and buy a new or existing home between Jan. 1 and November 30, you could get an $8,000 federal tax credit. This credit is refundable, which means you can get it even if you don't earn enough money to owe taxes. The credit phases out between $75,000 and $95,000 in income for singles and $150,000 and $170,000 for couples.

Under the state plan, if you buy a newly built home in California on or after March 1, 2009 and before March 1, 2010, you will be eligible for a state tax credit equal to 5 percent of the purchase price or $10,000, whichever is less, according to Gina Rodriquez, Spidell Publishing's Sacramento editor. The credit must be spread over three years, and you don't have to be a first-time buyer.

Within one week of the sale, the seller must certify to the California Franchise Tax Board that the home was new and unoccupied. The state has set aside $100 million for this program and will dole it out on a first come, first served basis. There is no income limit on the credit, but it's nonrefundable: You can't benefit from it if you don't pay state taxes.

You'll have to pay back the state credit if you don't live in the home for two years, and repay the federal credit if you move out before three years.

In the weeks ahead, I'll try to explain more details of these plans. If you have questions, drop me an e-mail and I'll answer as many as possible in my column.

Net Worth runs Tuesdays, Thursdays and Sundays. E-mail Kathleen Pender at kpender@sfchronicle.com.

Kathleen Pender

Monday, February 23, 2009

Unique REO: 20 Acre Ranchette (17 acres of 2 year old almonds on drip irrigation).

Near Patterson California!!!!!!






















Priced at $1,200,000 on 12/07/07
Now $449,000

Beds: 4
Baths: 2 (2 0) (FH)
Sq Ft: 3000
Lot Sz: 20.100ac*

Unique central valley foreclosed property. This is a new listing to the MLS which is noteworthy. You might see a REO property with some land but not with a new almond orchard and also a home that is in good condition.

20 Acre Ranchette (17 acres of 2 yr old almonds on drip irrigation). Room to expand. Approx 3000 sq. ft. home (970 sq. feet is a beautifully done garage conversion). 4 Bed/2Ba. Loaded with upgrades: Tile, hardwood, & carpeted floors, granite countertops, & oak cabinets. Large country kitchen w/island.

Its Available feel free to call me to get started!


Brian Barringer
Buyers Agent/Century 21 M&M/Barringer Team
209.613.8945

Location Map

Saturday, February 21, 2009

Inside the Meltdown

http://www.pbs.org/wgbh/pages/frontline/meltdown/
Please watch the video. I found this very educational.
As the housing bubble burst and trillions of dollars' worth of toxic mortgages began to go bad in 2007, fear spread through the massive firms that form the heart of Wall Street. By the spring of 2008, burdened by billions of dollars of bad mortgages, the investment bank Bear Stearns was the subject of rumors that it would soon fail.

"Rumors are such that they can just plain put you out of business," Bear Stearns' former CEO Alan "Ace" Greenberg tells FRONTLINE.

The company's stock had dropped from $171 to $57 a share, and it was hours from declaring bankruptcy. Federal Reserve Chairman Ben Bernanke acted. "It was clear that this had to be contained. There was no doubt in his mind," says Bernanke's colleague, economist Mark Gertler.

Bernanke, a former economics professor from Princeton, specialized in studying the Great Depression. "He more than anybody else appreciated what would happen if it got out of control," Gertler explains.

To stabilize the markets, Bernanke engineered a shotgun marriage between Bear Sterns and the commercial bank JPMorgan, with a promise that the federal government would use $30 billion to cover Bear Stearns' questionable assets tied to toxic mortgages. It was an unprecedented effort to stop the contagion of fear that seemed to be threatening the rest of Wall Street.

While publicly supportive of the deal, Treasury Secretary Henry Paulson, a former Wall Street executive with Goldman Sachs, was uncomfortable with government interference in the markets. That summer, he issued a warning to his former colleagues not to expect future government bailouts, saying he was concerned about a legal concept known as moral hazard.

Within months, however, Paulson would witness the virtual collapse of the giant mortgage companies Fannie Mae and Freddie Mac and preside over their takeover by the federal government.

The episode sent shockwaves through the economy as confidence in Wall Street began to evaporate. Within days, in September 2008, another investment bank, Lehman Brothers, was on the brink of collapse. Once again, there were calls for Bernanke and Paulson to bail out the Wall Street giant. But Paulson was under intense political pressure from conservative Republicans in Washington to invoke moral hazard and let the company fail.

"You had a conservative secretary of the Treasury and conservative administration. There was right-wing criticism over Bear Stearns," says Congressman Barney Frank (D-Mass.), chairman of the House Financial Services Committee.

Paulson pushed Lehman's CEO Dick Fuld to find a buyer for his ailing company. But no company would buy Lehman unless the government offered a deal similar to the one Bear Stearns had received. Paulson refused, and Lehman Brothers declared bankruptcy.

FRONTLINE then chronicles the disaster that followed. Within 24 hours, the stock market crashed, and credit markets around the world froze. "We're no longer talking about mortgages," says economist Gertler. "We're talking about car loans, loans to small businesses, commercial paper borrowing by large banks. This is like a disease spreading."

"I think that the secretary of the Treasury could not fully comprehend what that linkage was and the extent to which this would materialize into problems," says former Lehman board member Henry Kaufman.

Paulson was thunderstruck. "This is the utter nightmare of an economic policy-maker," Nobel Prize-winning economist Paul Krugman tells FRONTLINE. "You may have just made the decision that destroyed the world. Absolutely terrifying moment."

In response, Paulson and Bernanke would propose -- and Congress would eventually pass -- a $700 billion bailout plan. FRONTLINE goes inside the deliberations surrounding the passage of the legislation and examines its unsuccessful implementation.

"Many Americans still don't understand what has happened to the economy," FRONTLINE producer/director Michael Kirk says. "How did it all go so bad so quickly? Who is responsible? How effective has the response from Washington and Wall Street been? Those are the questions at the heart of Inside the Meltdown."

Thursday, February 19, 2009

Additional Housing-Related Provisions

Tax Incentives to Spur Energy Savings and Green Jobs
This provision is designed to help promote energy-efficient investments in homes by extending and expanding tax credits through 2010 for purchases such as new furnaces, energy-efficient windows and doors, or insulation.


Landmark Energy Savings

This provision provides $5 Billion for energy efficient improvements for more than one million modest-income homes through weatherization. According to some estimates, this can help modest-income families save an average of $350 a year on heating and air conditioning bills.

Expanding Housing Assistance—
This provision increases support for several critical housing programs. It includes $2 Billion for the Neighborhood Stabilization Program to help communities purchase and rehabilitate foreclosed, vacant properties.

More Help for Homeowners in the Future
Another thing to keep an eye on in the coming weeks is President Obama’s plan to help struggling borrowers before they are faced with a default on their mortgage.

According to reports, the Obama administration is discussing plans to help borrowers who are struggling to stay afloat, but who have not yet fallen behind on their payments. At this point, details are scarce; however, reports indicate that President Obama is looking to spend approximately $50 Billion to directly help homeowners before they face foreclosure and financial disaster.

While this is good news for individual homeowners, it will likely be good for the housing industry as a whole. That’s because, assisting struggling borrowers before they default should help stop the wave of foreclosures, which are estimated to top two million this year. That, in turn, will help stabilize home prices.

The Economic Stimulus Plan is huge, and impacts a number of industries. I’ve highlighted some of the major provisions that may impact you now and in the future.

As always, if you have any questions or would like to discuss how this may specifically impact you, I’d be happy to sit down with you. Just call or email me to set up an appointment.

Tax credit rules update from broker. The American Recovery and Reinvestment Act of 2009

The 3 changes to the first-time home buyers tax credit program include:

Tax credit has been increased to $8,000.

Homes have to be purchased between January 1, 2009 and December 31, 2009

No repayment/recapture clause for homes sold after 36 months of occupancy and ownership.




1.The Tax Credit is for home buyers (either spouse if filing jointly) who have NOT owned a principle residence during the three-year period prior to the purchase. Ownership of vacation property or rental property does not disqualify home buyers from this program.

2. The maximum credit is $8,000 or 10% of the home purchase, whichever is less.

3.The credit is available for homes purchased on or after January 1, 2009 and before December 31, 2009.

4.To qualify for the full tax credit, married couples' modified adjusted gross income (MAGI) should be under $150,000 and single filers' MAGI should be less than $75,000. Partial tax credits may be available for married couples with MAGI incomes of over $150,000 but under $170,000 and single filers with incomes over $75,000 but under $95,000. If married couples who qualify for the first-time tax credit file separately, they would both claim 5% of the home purchase or $4,000 each (whichever is less) on their tax returns.

5.Home buyers who qualify for this program, but who do not intend to purchase a home till the end of 2009, may elect to alter their tax withholdings (up to the amount of the of the tax credit) in order to save up money for a down payment. However, if the purchase of the home does not occur, the taxes must be repaid to the IRS.

6.There is no recapture or repayment clause IF the home is owned for at least 36 months.

7.The effective date of purchase for new construction (even if buyer owns title to the lot) is the date the owner first occupies the house. So even if construction began in 2008, as long as the home and buyers qualify for the tax credit, they will be eligible if they take possession any time during 2009. However, new construction bought from the builder is only eligible if the settlement date (closing) takes place between January 1, 2009 and December 31, 2009.

8.The law allows taxpayers to elect to treat qualified 2009 purchases as a 2008 purchase so that they can receive the tax credit on their 2008 tax returns.

9.The full amount of the eligible tax credit is refunded to the buyer, regardless of whether the buyer has paid an equivalent amount in taxes.

Sunday, February 15, 2009

First-time buyers get $8000 tax credit in stimulus bill (money in your pocket!)

The original bill that was passed through the senate was 15K credit. The credit was chopped in half in during negotiations. Unlike a similar credit that Congress provided last year, you don’t have to pay this one back over 15 years.








How the new first-time home buyer tax credit works:
  • A buyer who has not owned a home in the past three years is a "first-time buyer". To qualify, they must by a principal residence. No second homes or investment properties. The new home can be a new construction or existing home.

  • The credit is 10% of the value of the home -- up to $8,000.

  • Unlike the previous credit, it doesn't matter what form of a loan the buyer uses. A buyer can pay cash, seller finance, or use a FHA, VA, conventional or rural development loan. The buyer can participate in a state or local subsidized loan program. Contrary to some press reports, there is no minimum down payment required.

  • The credit is taken by filing a tax return. The buyer can elect to apply the credit to their 2008 or 2009 tax return. So, a buyer buying right now could close and then file their tax return and take the credit on LAST YEAR'S tax return.


  • The credit is fully refundable. This is very important. It doesn't matter what the buyer's tax liability is or how much they have paid in taxes. They get the full amount back as a refund limited only by any unpaid taxes. Most buyers will get a U.S. Treasury check back for the full $8,000. Please note: This is NOT a tax deduction where it merely reduces your taxable income.


  • The credit is limited based on income. A single individual earning up to $75,000 or a couple up to $150,000 gets the full credit. It is phased out in steps above that level of income.


  • The credit, unlike the previous version, does not need to be repaid. There is one exception. If the home is sold within three years, the credit is recaptured but liability is limited by any gain on the sale.


  • The new credit applies to sales after January 1, 2009 and through November 30, 2009.
brian@tracyhomes.com




Wednesday, February 11, 2009

loan regulation change from 4 home loans to 10. (TIme to play Monopoly)


It looks like Fannie is the first one to pull the trigger and go back to allowing up to 10 financed properties for investors. Note that the reserve requirement will stay at 6 months PITI. This is great news though.
Alex


Fannie Eases Its Investor Loan Rules
American Banker, By Harry Terris
February 10, 2009

Fannie Mae is loosening a restriction to encourage lending to property investors, a group that has been widely blamed for contributing to the housing meltdown but is also seen by many as critical to a recovery.

The government-sponsored enterprise told lenders last week that starting next month it will buy or guarantee home loans made to borrowers that have mortgaged as many as nine other properties. Currently, Fannie will not touch a loan if the borrower has financed more than three other homes.

The change is meant "to bring added liquidity to the investor segment of the market and help hasten the recovery," Fannie said.

However, the GSE, which said it wants to make more loans available to "high-credit quality, bona fide … experienced investors," is tightening other requirements for this type of borrower. Starting in June, an investor will have to hold six months of payments in reserve, rather than two months, to get a
single-family loan approved by Fannie's automated system.

Since they were seized by the government last year, Fannie and Freddie Mac have been directed to put more emphasis on supporting the housing market; like other prospective homebuyers, investors have been dissuaded from making purchases by tightened underwriting standards and forecasts that prices will keep tumbling.

"Investors are often the first sign of a stabilizing market," said Joe Garrett, a principal at Garrett, Watts & Co., a consulting firm in Berkeley, Calif. "One of the things that leads the economy out of a housing crisis is when prices get cheap enough that investors start moving in and buying things. … Then the owner-occupants see that prices have stopped falling — they see how cheap prices have gotten, and they start to jump in."

Fannie also said a desire to expand the range of potential buyers for properties with tenants played a role in the new standards. Last month both GSEs said they would no longer evict tenants living in foreclosed properties and would offer them month-to-month leases instead. Robert Simpson, the founder and president of Investors Mortgage Asset Recovery Co. LLC, an Irvine, Calif., audit and fraud analysis firm, said he was wary of easing restrictions on investor loans.

"The idea that we need to let investors back in" to shore up the housing market amounts to "an artificial bottom," he said. "Let those prices come down to the point where normal people can afford them, and you'll find buyers, but not at these inflated prices."

Basing loans on a reasonable multiple of rent would be a safe way to lend to investors, Mr. Simpson said. Right now such buyers are "catching a falling knife," with prices likely to tumble further. "The government, I think, rightfully has an interest in seeing that people own a home. … But I don't believe the government has any interest in seeing that people are successful real estate investors," he said.

Moody's Economy.com Inc. has projected that prices will decline another 11% from the fourth quarter before stabilizing at the end of this year.

David Zugheri, the co-founder and chief marketing officer of the Houston lender Envoy Mortgage Ltd., said underwriting standards are "very different" today from years past, when a loan on a tenantless property would be granted on the basis of rents in its geographic market.

For refinancings, underwriters today typically look for income from the property "to support itself and then some," he said. They also want to make sure borrowers "can stand on their own feet, even if the property is not bringing in any income at all, if it were vacant."

As a result of such changes and market conditions, Envoy is "seeing less and less investment properties," Mr. Zugheri said. When the private securitization market was operating, there was "no real defined cap" on the number of mortgages for investment homes. "People would come by with 20-plus properties."

Mr. Garrett said that "the biggest problem" in securing loans for investment properties "is the lack of equity."

"A few years ago you could've bought, as an investor, these same properties for 5% down or 10% down. Now it's more like 30% down," and in some cases 40%.

"Prices haven't fallen enough in most places for investors to come in," he said. "In areas where the prices have fallen low enough," and rental income is enough to produce "a break-even or a positive cashflow, underwriters are approving those loans."

During the boom, cash flow often got little attention, under the assumption that properties might be resold within three months, Mr. Garrett said. Now cash flows, debt coverage, leases, and the borrower's experience as a landlord and independent financial strength are scrutinized, he said.
brian@tracyhomes.com





800.894.7282



Thursday, February 05, 2009

Update on Senate Bill





Here is an update on the bill that just passed the senate.....

Provide a direct tax credit to any homebuyer who purchases any home

· Amount of the tax credit would be $15,000 or 10 percent of the purchase price, whichever is less

· Purchases must be made within one year of the legislation’s enactment

· The tax credit would not have to be repaid

· The amendment would allow taxpayers to claim the credit on their 2008 income tax return

· Only purchases of a principal residence

· Recapturing the credit if the home is sold within two years of purchase

· Would sunset the current $7,500 housing tax credit on the date of enactment.

This has passed the Senate, but the entire bill does need to go back to the House, and be signed by the President. There could be many changes before this happens, or not pass at all. But is it a bright piece for us in the Real Estate industry and would help the housing crisis immensely as you can imagine.

Video: Obama: 'Time for Action Is Now'