Archive for the 'Contracts & Negotiations' Category
Quick Tips on Short Sales and YOUR Credit
Posted by Brian Olenik | Leave A Comment »
SHORT SALES & YOUR CREDIT
One of the most frequent questions that homeowners want
to know is what happens to their credit score as the result of
a short-sale. Here are a few points to remember.
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1) When you negotiate a short-sale, the homeowners may
still owe the difference between the mortgage balance
and the discounted sales price. This amount can still be
collected via a “Deficiency Judgment.” If granted, this
judgement may adversely affect the homeowners and
their credit report (not unlike other judgments).
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2) The best way to avoid the deficiency judgment is to ask
pursuit of any deficiency judgment.”
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3) Remember that the difference between the mortgage
balance and the short sale may be declared as income on
their tax return by means of a “1099.”
In dealing with any short sale, the homeowner should always
speak with their accountant and/or attorney to see how this
sale will affect them.
Brian Olenik
858-776-7683
brian.olenik@corinthiantitle.com
Related Posts: Buyers, Contracts & Negotiations, Financial news, Foreclosures, Picture Perfect San Diego, Real Estate News, San Diego, Short Sales, Windermere, WindermereSanDiego.com, foreclosure options
FREE Home Buyer Seminar!
Posted by Micheale Zazo | Leave A Comment »
Get Answers to All of Your Home Buying Questions!
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Is Buying a Home the Right Choice for You?
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Do You Qualify for the $8,000 Tax Credit in the new Stimulus Plan?
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What are the Tax Advantages of Home Ownership?
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Why is NOW such a Great ”Buyer’s Market”?
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How Much Home Can You Afford?
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How Much do You need to save for a Down Payment?
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What are the Advantages of Working with a Buyer’s Specialist?
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How do You Find Foreclosures (REO’s) and Distressed Properties?
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Who Generally Pays What Fees in the Real Estate Transaction?
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What is the Step-by-Step Process to Buying a Home?
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Where are the “Best Deals” in San Diego?
Encinitas Community Center
1140 Oakcrest Park Drive
Saturday, March 28th
10:00am – 11:00am
A Complimentary Brunch will be Served!
Seating is Limited
Please RSVP to 760.412.0241 or mzazo@Windermere.com
Hosted by Micheale Zazo
Related Posts: Activities & Events, Agent Services, Area Statistics, Buyers, Cardiff, Contracts & Negotiations, Education, Encinitas, Find A Home, Great Real Estate Deals, Leucadia, Market Trends
Up to $8,000 Tax Credit for Qualified Home Buyers!
Posted by Micheale Zazo | Currently 1 Comment »
Home Buyers on the fence about buying their first home may want to consider the American Recovery and Reinvestment Act’s tax credit that could mean up to an $8,000 break on their taxes. Not only will this tax credit lower a home buyer’s tax liability by the amount of the credit, but these first-time homebuyers may reap additional benefits when filing their tax return now and for years to come while they own the home.
The recently revealed American Recovery and Reinvestment Act of 2009, has some important changes over the tax credit program that was previously offered.
§ 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.
Other qualifying details of the program include:
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.
It is recommended to consult with your tax advisor / accountant to determine whether you are eligible for this tax credit before making any decisions or changes to your tax status.
Now is a great time to be a buyer in San Diego County. Call me today to start the search for your next great HOME! Micheale Zazo 760-412-0241.
Related Posts: Buyers, Coastal Living, Condos & Townhomes, Contracts & Negotiations, Find A Home, Uncategorized
Should You Create a Living Trust?
Posted by Rachel LaMar, J.D. | Currently 3 Comments »
Have you considered creating a living trust? Many homeowners don’t even think about placing their homes in a trust, but there can be some big benefits to doing so and it is very simple to accomplish.
Let’s start with the basics. A trust is a binding legal document in which you name a beneficiary–a person or number of people–to be responsible for managing your property in order to benefit designated trustees (like your children should something happen to you). If you create the trust during your lifetime and elect to make changes to it at any time until your death this is a revocable living trust. You can also create an irrevocable trust, in which the terms cannot be altered.
Benefits of a trust:
1. Harder to overturn your dying wishes. A trust is more iron-clad than a will and does not have to go through probate.
2. Shorter time limits to settlement of your estate once you pass away. Normally upon death of the owner property has to go through probate. This legal process can be lengthy, especially if there are others or creditors claiming an interest in the property. With an established trust survivors are usually able to save time and expenses by avoiding probate.
3. May offer substantial savings on estate taxes. Since the estate will not have to go through probate it will save your survivors money associated with this process.
4. Privacy. Wills, which have to be filed in court upon the death of the maker, can be viewed publicly by anyone requesting a copy, but tems of a trust may NOT be made public. If you have substantial assests in the trust or perhaps some family members who you do not wish to fight over assets, a trust may be a great tool for keeping things quiet.
Caveats:
1. Title Insurance: A title insurance policy is a policy between the title insurance company and the named insured. Once that person creates a trust and names a third party or conveys property (e.g. by putting it into a trust), the title insurance may become invalid. This is because he nature of the relationship has changed–the owner(s) named in the original title policy is no longer the title holder.
A simple call to your title insurer will tell you whether you need to be concerned with this issue. If the trust will effect the policy there is an easy fix–an endorsement can be added to your policy that will effectively name the party covered in your trust. There will be a fee for doing so but it is worth the while if you find that a trust is beneficial to you.
2. Creditors. Depending on your state of residency there may be some issues with creditors being able to attach the real estate of the deceased spouse to satisfy sole debts incurred by that person. You need to check with your attorney to see if this will be an issue for you.
Trusts can be advantageous but it is imperative that you discuss your particular situation with your estate planning or real estate attorney to make sure it is a the right move for you, as not everyone will benefit from establishing a trust. Make sure you have all the information needed so you can make an informed decision.
Related Posts: Baby Boomers, Carlsbad, Carmel Valley, Coastal Living, Contracts & Negotiations, Divorce & Real Estate, Escondido, Financial news, Real Estate News
Loan Modification Success
Posted by Rachel LaMar, J.D. | Currently 2 Comments »
Many homeowners have been hit hard by the recent changes in the housing market. We all know someone who has been threatened with foreclosure or is fearful that they will lose their home due to interest rates resetting, job loss, illness or other factors.
Some homeowners took equity out of their homes in good times and with decreased values they now find that their homes are worth less than what they actually owe. All this fear has lead many to foreclosure, including intentional foreclosure or “walk aways.”
Whether it’s a friend, neighbor, family member or yourself facing this issue the fact is that it effects all of us by bringing down property values. The reality is that there are other options to foreclosure and walking away, including loan modification.
This option is getting a great deal of attention in the media right now due to the lenders’ panic to come up with solutions to foreclosure. The good news is that modifications are easier to get now than before, but you have to understand how to to approach this subject so that you can successfully work with the bank and possibly save your home.
The following information is from my book, Mortgage Walkaway Options. Let’s start with the basics. A loan modification occurs when there is a change in one or more of the terms of a loan, which reduces the loan amount and generally m
akes payments more affordable.
In simple terms, it means refinancing a loan to a lower amount. The lender and borrower must agree in writing to change the terms of the loan. Up until now many lenders didn’t want to speak with borrowers who had not yet defaulted on their loans.
This is because they had a plethora of active files sitting on the desks of their loss mitigation department already, and they were having trouble dealing with the ones who were in default and did not have the manpower to add more files that were not yet considered risky. Luckily that seems to be changing. There are a few recent regulations and announcements that will help you achieve a successful loan modification.
Firstly, if your first loan is with Bank of America or JP Morgan Chase you are in luck. B of A, now one of the largest lenders in the business, announced in October that it was going to begin review of all of its loans that were variable interest rate loans and option ARMs. Upon review, the lender plans to notify homeowners if they qualify for loan modification, and then to work with the homeowners toward resolution. Chase also announce it is putting a hold on foreclosures with the intent to work out modifications with qualified borrowers.
This news is HUGE for several reasons: one, it takes the burden off the homeowner to try for resolution with a lender who often does not have time nor manpower to help.
Two, the bank is actually being proactive in preventing more foreclosures, which will help many stay in their homes and eventually help the real estate market and likely induce other lenders to follow suit.
If your loan is with another lender who has not yet instituted such a policy, you can seek help under the newly enacted government plan, Hope for Homeowners. This legislation took effect October 1, 2008 and allows you to refinance your loan into a new 30-year fixed rate loan if you qualify.
Your loan will be based upon an appraisal of the CURRENT market value of your home, so if prices have gone down since you purchased your new loan payments will be based upon current values, making them much more affordable. 
This program requires you to contact the lender to initiate the process. There are important considerations you need to be aware of in regards to this program. For example, if you sell your home after the modification takes place the new lender will be entitled to a percentage of the gain on the property (appreciation and equity sharing). The amount changes over time.
Also, you will not be able to take out equity on your property after the change unless these second liens are directly related to property maintenance.
To understand fully the ramifications and qualifications under this legislation you can go to the website, www.MortgageWalkawayOptions.com and download my book, or you can feel free to call me and I will be happy to help you. My direct number is (760) 310-9466.
Most importantly, know your options in the face of foreclosure and educate yourself BEFORE taking any action. Right now is a great time to modify a loan, as there is a general consensus among lenders that this option benefits them the most (as does it benefit you, the homeowner).
Take advantage of the programs available to you so that you don’t have to lose your home or worry about an upcoming rate change. Just as important, you need to be in constant contact with your lender–keep a record of all correspondence and communications with your lender and be vigilant–keep calling.
If you are not having luck there are numerous counseling groups that can assist you. My favorite is HopeNow. They can be reached at (866)995-HOPE (4673). Best of luck to you!
Related Posts: Contracts & Negotiations, Education, Financial news, Foreclosures, Free Foreclosure Lists, Home Loans, Homeowners, Mortgage News, Real Estate News, San Diego, Short Sales
