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Short Sell a Maine residence in 2012 or pay taxes on deficiency as the Mortgage Debt Relief Act expires at year end

The time to sell your underwater home in Maine is now! The article is relevant to Maine Short Sales – call with any questions.

The clock is ticking for homeowners to walk away from underwater houses without paying any taxes to Uncle Sam.

After 2012, homeowners will owe federal income taxes in 2013 if they have a short sale or foreclosure. But if a lender officially waives the mortgage deficiency, which allows homeowners to sell for less than they owe, they have until Dec. 31, 2012, to complete a short sale or foreclosure without tax consequences.

But the IRS rule changes on Jan. 1, 2013: The amount a lender forgives on a short sale or foreclosure for a primary residence will be taxable on federal income taxes. Some homeowners might have a tough decision this year: Is it time to sell an underwater home?

After deciding to sell a house in a short sale, homeowners should immediately ask lenders about waiving the deficiency, said Charles Gallagher III, a St. Petersburg attorney.

"If they can get it waived at the outset, it won't bite them back later," Gallagher said.

By not waiving the deficiency, lenders could attempt to collect the money for 20 years. Homeowners could battle collection agencies, garnishment and liens for two decades. Homeowners could also avoid paying the tax on any cancellation of debt income by declaring bankruptcy, Gallagher said.

A deficiency waiver could save homeowners thousands of dollars in taxes.

For example, a property owner who sells for $50,000 short of what is owed on the loan would pay taxes on the $50,000: $12,500 if they're in the 25 percent bracket; $7,500 if in the 15 percent tax section.

The law first came into effect five years ago when the real estate market imploded.

The Mortgage Debt Relief Act of 2007 "generally allows taxpayers to exclude income from the discharge of debt on their principal residence," according to the Internal Revenue Service. "Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief."

Up to $2 million of the deficiency can be forgiven this year, $1 million if filers are married and filing separately, according to the IRS. Lenders must officially forgive the deficiency in writing by Dec. 31. Homeowners would be on the hook even if the house sold but the bank had not formally forgiven the loan in a letter.

"It's a huge issue — it will be a shock to many taxpayers after 2012," said Mark Steber, the Florida-based chief tax officer for Jackson Hewitt Tax Service.

Short sales are on the rise in the bay area and climbed nearly 25 percent in the last five months of 2011. Currently, more than 4,500 properties in the Tampa Bay area are listed for sale as a short sale.

The deals had typically taken six months or longer to complete. But lenders have streamlined the process in recent months to close the deals quicker.

 

Information from the (South Florida) Sun Sentinel was used in this report. Mark Puente can be reached at mpuente@tampabay.com or (727) 893-8459.

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Maine Short Sale Mindset – Rebuilding your life

 

The Right Maine Short Sale mindset is one of "starting over the right way" 

Rebuild your life by putting this Hardship behind you and starting over on solid footing.

The Mortgage Debt Relief Act expires at the end of the year….this is the time  to take advantage.

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Credit Cards and Short Sales: TIP OF THE DAY

 

  • Credit Card Charge Offs can haunt you if you ignore the law suit

  • Maine Short Sale Realtor, Marty Macisso has the tools to FIX the problem

  • Answer the lawsuit, don't let the creditor win Default Judgment

  • Writ of Execution can add one more LIEN to the short sale process at the worst time

  • This can be solved with the proper procedure 

  • Maine Short Sales are a complicated process, use a qualified Short Sale Real Estate Specialist

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Owning more affordable than renting

Home prices and mortgage rates have fallen so far that the monthly cost of owning a home is more affordable than at any point in the past 15 years and is less expensive than renting in a growing number of cities.

The Wall Street Journal's third-quarter survey of housing-market conditions in 28 of the nation's largest metropolitan areas found that home values declined in all but five markets compared with the second quarter, according to data from Zillow Inc. Meanwhile, rent levels have risen briskly across the country and mortgage rates, hovering around 4%, are the lowest in six decades.

As a result, monthly mortgage payments on the median priced home—including taxes and insurance—are lower than the average rent levels in 12 metro areas, according to data compiled for The Wall Street Journal by Marcus & Millichap, a real-estate brokerage that tracked 27 metro areas. It remains less expensive to rent than to buy in 15 cities. But affordability hasn't done much to lift the sagging housing sector because many would-be buyers are unwilling to purchase a home or unable to qualify for a mortgage.

"It's one of the most striking developments of the housing downturn," said Paul Dales, an economist at Capital Economics. "The initial building blocks for a recovery are in place, but the legacy of the recession is really preventing households from taking advantage."

In Atlanta, which had the most favorable values for owning versus renting, the monthly payment on the average home was $539 assuming a 20% down payment during the third quarter. By contrast, the average asking rent stood at $840, according to the Marcus & Millichap data.

But real estate agents and economists say the trend hasn't boosted demand. That is because affordability alone hasn't been enough to overcome the obstacles in the way of a housing recovery. Some homeowners who would like to move up to larger properties are stuck because they can't sell their homes.

Also, while the monthly carrying costs on a mortgage are lower than average rents in some cities, home ownership carries other costs—including taxes, insurance, homeowner association dues and maintenance—which may dissuade some potential owners.

Monthly Costs: Rent vs. Own

 

Other would-be buyers can't qualify for mortgages because lending conditions are tight or because they don't have enough equity in their current homes to use as a down payments. "The reality of coming up with the down payment and the loan-qualification standards makes things much different than the raw numbers suggest," says Hessam Nadji, managing director of Marcus & Millichap. And even those who may qualify remain skittish about buying property in a market where prices could fall amid foreclosures and weak job growth.

Ryan Young illustrates the point. He is under contract to buy a three-bedroom home in Washington Grove, Md., that will have monthly mortgage, tax, and insurance costs for around $150 less than the $1,900 he is paying to rent a slightly smaller house in Bethesda, Md. He qualified for a 30-year mortgage with a 3.95% fixed rate. Still, Mr. Young says he is cautious about owning his first home with the prospect of future price declines. "Buying a house is not a good financial decision, per se, but we needed a bigger place," said the 35-year-old scientist, "and we don't want to move every couple of years into a new rental."

Other cities where owning is now cheaper than renting include Detroit, Minneapolis, Orlando, Las Vegas, Miami, St. Louis, Chicago and Phoenix.

Home ownership is also looking more affordable because after several years of declines, apartment rents will rise by around 4% this year, says Mr. Nadji. He says rents are poised "to pick up even more momentum across the country next year."

Even cities where it is still cheaper to rent than own have seen big boosts in affordability. In San Diego, the monthly cost of owning a home has averaged around 83% more than renting over the past two decades. During the third quarter, owning was 22% more expensive than renting, according to John Burns Real Estate Consulting.

HOUSING

 

A new development in Canonsburg, Pa. The inventory of homes on the market has fallen from levels seen a year ago, as prices and mortgage rates continued to decline.

 

Mortgage rates are a big reason why affordability continues to improve. In 1991, a $1,700 mortgage payment allowed a borrower to take out a $200,000 mortgage. Today, it gets that homeowner a $350,000 loan, a 77% increase in borrowing power, says Dan Green, a loan officer with Waterstone Mortgage, in Cincinnati. At the same time, low mortgage rates aren't spurring sales because few analysts expect rates to rise anytime soon. The Federal Reserve in August said it would keep rates at ultralow levels for two years. In a normal interest rate cycle, "when they go low, they don't stay for very long, and people jump in," said Mr. Dales. "This time, there is no urgency."

Affordability could continue to improve as prices slide even lower in coming months. Price declines are likely because the share of "distressed" sales, including bank-owned foreclosures, tend to rise in the winter, when traditional sales activity cools. Banks are often much quicker to cut prices to unload properties quickly, which means that the greater the share of "distressed" sales, the more prices tend to fall.

One hopeful sign is that inventories have fallen from their bloated levels of one year ago. All 28 cities in The Wall Street Journal's latest survey saw homes listed for sale fall from one year ago, when markets were reeling with a substantial overhang of properties amid a big drop in demand. Visible inventory was down sharply in several markets, including by almost half in Miami and 40% in Phoenix.

Low inventories have spurred more bidding wars at the low end of the market as investors compete for homes that they can convert into rentals. In Sacramento, it would take just 2.5 months to sell the listed inventory at the current sales pace. Las Vegas has a 4.3 month supply of inventory, according to John Burns Real Estate Consulting. But the potential supply of homes is much bigger because banks have yet to process hundreds of thousands of potential foreclosures.

Write to Nick Timiraos at nick.timiraos@wsj.com

 

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Bank of America offering up to $20,000 to some homeowners as Short Sale incenctive

Bank of America, the nation's largest mortgage servicer, is offering Florida homeowners up to $20,000 to short sale their homes rather than letting them linger in foreclosure.

The limited time offer has received little promotion from the Charlotte, N.C.-based bank, which sent emails to select Florida Realtors earlier this week outlining basic details of the plan.

Only homeowners whose short sales are submitted for approval to Bank of America before Nov. 30 will qualify. The homes must have no offers on them already and the closing must occur before Aug. 31, 2012.

A short sale is when a bank agrees to accept a lower sales price on a home than what the borrower owes on the loan.

Realtors said the Bank of America plan, which has a minimum payout amount of $5,000, is a genuine incentive to struggling homeowners who may otherwise fall into Florida's foreclosure abyss.

The current timeline to foreclosure in Florida is an average of 676 days – nearly two years – according to real estate analysis company RealtyTrac. The national average foreclosure timeline is 318 days.

"I think this is a positive sign that the bank is being creative to try and help homeowners and get things moving," said Paul Baltrun, who works with real estate and mortgages at the Law Office of Paul A. Krasker in West Palm Beach. "With real estate attorneys handling these cases, you're talking two, three, four years before there's going to be a resolution in a foreclosure."

Guy Cecala, chief executive officer and publisher of Inside Mortgage Finance, called the short sale payout a "bribe."

"You can call it a relocation fee, but it's basically a bribe to make sure the borrower leaves the house in good condition and in an orderly fashion," Cecala said. "It makes good business sense considering you may have to put $20,000 into a foreclosed home to fix it up."

Homeowners, especially ones who feel cheated by the bank, have been known to steal appliances and other fixtures, or damage the home.

"This might be the banks finally waking up that they can have someone in there with an incentive not to damage the property," said Realtor Shannon Brink, with Re/Max Prestige Realty in West Palm Beach. "Isn't it better to have someone taking care of the pool and keeping the air conditioner on?"

A spokesman for Bank of America said the program is being tested in Florida, and if successful, could be expanded to other states.

Wells Fargo and J.P. Morgan Chase have similar short sale programs, sometimes called "cash for keys."

Wells Fargo spokesman Jason Menke said his company offers up to $20,000 on eligible short sales that are left in "broom swept" condition. Although the program is not advertised, deals are mostly made on homes in states with lengthy foreclosure timelines, he said.

And caveats exist. The Wells Fargo short sale incentive is only good on first lien loans that it owns, which is about 20 percent of its total portfolio.

Bank of America's plan excludes Ginnie Mae, Federal Housing Administration and VA loans.

Similar to the federal Home Affordable Foreclosure Alternatives program, or HAFA, which offers $3,000 in relocation assistance, the Bank of America program may also waive a homeowner's deficiency judgment at closing.

A deficiency judgment in a short sale is basically the difference between what the house sells for and what is still owed on the loan.

HAFA, which began in April 2010, has seen limited success with just 15,531 short sales completed nationwide through August.

But Realtors said cash for keys programs can work.

Joe Kendall, a broker associate at Sandals Realty in Fort Myers, said he recently closed on a short sale where the seller got $25,000 from Chase.

"They realize people are struggling and this is another way to get the homes off the books," he said.

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13 Tall Pines Lane Scarborough, ME – $239,000

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October’s Maine Foreclosure List is available upon request

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Bank of America Short Sales equator system

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Please check out this site for my newest and most picturesque listing yet! 

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Bank of America’s getting help to hurt homeowners in high places

 

What's the worse than Bank of America acting as if it deserves immunity from all its  bad foreclosure behavior? A presidential administration that agrees.

President Obama's administration is putting pressure on New York Attorney General Eric T. Schneiderman to give into a deal with big banks that would block him from bringing future mortgage investigations, Grethchen Morgenson reports in The New York Times today.

For months, Schneiderman has said he will not agree to any nationwide agreement with banks that would block individual states from investigating the mortgage-servicing industry on their own. At one point Bank of America was said to be in talks to with state and federal officials without the involvement of Schneiderman. But now the pressure is on Schneiderman to join the agreement, say 'okay' and move on.

Schneiderman's position on the matter was of course not sitting well with banks that would rather shell out a huge sum of money (reportedly $20 billion) than deal with ongoing suits. Bank of America,JPMorgan ChaseCitigroup and Wells Fargo are among the banks being investigated for foreclosing on struggling homeowners without proper paperwork and procedure.

When the nation's 50 state attorneys general joined forces in the fall to look into the matter the probe seemed to have some teeth. The AGs were appalled at some of the alleged behavior by banks with Connecticut Attorney General Richard Blumenthal saying at the time. “At the best, banks engaged in careless negligence, at worst, outright fraud.”

Now though, an investigation that once  felt like it might end in prosecution for some in the mortgage service industry is turning into a joke. There are only a handful of AGs still looking to thoroughly investigate exactly what banks did wrong and how they should be punished. AG Schneiderman is the leader among that group, and as I pointed out last week is a big thorn in struggling Bank of America's side.

 

Unfortunately there aren't enough thorns willing to look into what was once believed by the AGs to be "outright fraud." Instead, officials are working with banks to work out a deal, and anyone who isn't on board risks being viewed as someone who is stalling a housing recovery. The most recent example of this is cited in Morgenson's story where she reports that "Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade" Schneiderman to a deal that would give banks a free pass over future foreclosure claims.

The problem, as The Big Picture's Barry Ritholtz points out this morning, is that the federal regime's interest is so closely tied to the banking industry that bad news for banks is inherently bad news for the administration. From Ritholtz:

 

Note that the Federal Reserve (and indirectly, the NY Fed) are conflicted players in this. On the one hand, they are supposed to be bank regulators (a task they have performed poorly). But they are also substantial investors in the banks, and their  regulatory oversight role is obviously conflicted.

 

There have been all manner of criminal and civil trespasses committed, and we should find out who ordered them, who committed them and why. AG Schneiderman should continue investigating the robo-signing, bring civil and criminal charges where necessary.

Recall that the original problems came about in large part due to Alan Greenspan’s Nonfeasance — the failure to perform his professional obligations of oversight and regulation. That any member of the Federal Reserve or NY Fed wants this closed before any investigation has been undertaken is a scandal of the highest magnitude.

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