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The mortgage industry can feel a little more patriotic this 4th of July holiday now that President Obama has signed two bills to re-start the flood insurance program and extend the closing deadline for homebuyers seeking a tax credit.
The National Flood Insurance Program has been shut down for the past month (as it had expired earlier in the year and congress had not managed to get an extension through yet), which has tied up mortgage closings in many flood-prone areas. The bill – H.R. 5569 - President Barrack Obama signed authorizes FEMA to approve new flood insurance policies through September 30. It also allows FEMA to approve flood insurance applications and renewals that have been pending since the June 1 shutdown.
The second bill – H.R. 5623 - extends the closing deadline for the homebuyer’s tax credit program by three months to September 30. Originally, homebuyers who signed a sales contract by April 30 had until June 30 to close and qualify for the tax credit. But a tax credit-driven jump in home sales caused closing delays. The National Association of Realtors warned that up to 180,000 buyers could miss the deadline and lose their tax credit — $8,500 for first time homebuyers and $6,500 for repeat buyers. Real Estate agents noted that changes in mortgage settlement rules and lapses in the flood insurance program and Rural Housing Service single-family loan program contributed to closing delays.
Sacramento area home prices are getting up off the mat, increasing 12.4 percent from the bottom of the market reached in April of last year. The four-county region —said to be one of the hardest hit in the nation with overwhelming foreclosures and 35 percent-plus drops in home values — had a median-home price of $188,100 last month, compared to the so-called “trough” price of $167,340 a year ago.
A large percentage of the price increase last month came from Sacramento County alone, easily the most affected by the downturn, with numerous communities, such as Elk Grove and North Natomas, reporting 50 percent price drops in some neighborhoods during the worst of it. The Sacramento region had the smallest price increase from the “bottom” of the market in the state, with 40 percent-plus gains in San Francisco and Santa Clara County leading the way. But in our local four-county region Sacramento County was the only county in the region that enjoyed a price increase compared to a year ago. Mostly in the cities of Fair Oaks, Galt, North Highlands, Orangevale and Sacramento, which ofset price declines in Folsom and Citrus heights….
The Federal $8,000 homebuyer tax credit is gone for those that did not get into contract to buy a home by April 30th, 2010. However to help stimulate home sales, the state government is offering tax credits for Californians purchasing their piece of the American dream. The federal law offered up to $8,000 for first-time homebuyers and $6,500 for long-time residents. The new California law offers up to $10,000 for first-time homebuyers or buyers of properties that have never been occupied.
Here’s a handy summary of the two tax credit laws (what just expired and what the new tax credit for California buyers has to offer):
| HOMEBUYER TAX CREDIT |
FEDERAL |
CALIFORNIA |
| Amount of Tax Credit |
10% of purchase price not to exceed $8,000 for First-Time Homebuyers or $6,500 for Long-Term Residents. |
5% of purchase price, not to exceed $10,000 for first-time homebuyers or buyers of properties that have never been occupied. (See also Maximum Credit for All Taxpayers.) |
| Date of Purchase |
By June 30, 2010, but taxpayer must enter into a written binding contract by April 30, 2010. |
From May 1, 2010 to July 31, 2011, but an enforceable contract must be executed by December 31, 2010. |
| Principal Residence |
Yes. Property purchased must be the taxpayer’s principal residence which is generally the home the taxpayer lives in most of the time (26 U.S.C. § 121). |
Yes. Property purchased must be a qualified principal residence and eligible for the homeowner’s exemption from property taxes (Cal. Tax & Rev. Code § 218). |
| Type of Property |
House, condominium, townhome, manufactured home, apartment cooperative, houseboat, housetrailer, or other type of property located in the U.S. |
Single-family residence, whether detached or attached. |
| Eligibility |
1. First-Time Homebuyer: Up to $8,000 if buyer (and buyer’s spouse if any) has not owned a principal residence during the three-year period before date of purchase; OR
2. Long-Time Resident: Up to $6,500 if buyer (and buyer’s spouse if any) has owned and used existing home as a principal residence for 5 of the last 8 years. |
1. First-Time Homebuyer: Up to $10,000 if the buyer (or buyer’s spouse if any) has not owned a principal residence during the three-year period before date of purchase;
OR
2. Never-Occupied Property: Up to $10,000 for a principal residence if the property has never been previously occupied as certified by the seller. |
| Income Restriction |
Yes. Tax credit begins to phase out for modified adjusted gross income (MAGI) over $125,000 (or $225,000 for joint filers). No tax credit at all for MAGI over $145,000 (or $245,000 for joint filers). |
No |
| Maximum Purchase Price |
$800,000. |
N/A |
| Refundable |
Yes. Any amount of the tax credit not used to reduce the tax owed may be added to the taxpayer’s tax refund check. |
No |
| Repayment |
No repayment required if the buyer owns and occupies the property for at least 36 months after purchase. |
No repayment required if the buyer owns and occupies the property for at least two years immediately following the purchase. |
Multiple Buyers
(not married to each other) |
Tax credit may be allocated between eligible taxpayers in any reasonable manner. |
Tax credit must be allocated between eligible taxpayers based on their percentage of ownership. |
| Maximum Credit for All Taxpayers |
N/A |
$100 million for first-time homebuyers and $100 million for never-occupied properties, both on a first-come-first-served basis. |
| Reservations of Credit |
N/A |
Yes. Buyer may reserve credit before close of escrow for a property that has never been occupied by submitting a certification signed by buyer and seller stating they have entered into an enforceable contract between May 1, 2010 and December 31, 2010, inclusive. |
| When to Claim |
Full tax credit may be claimed on 2009 or 2010 tax returns. |
1/3 of total tax credit may be claimed each year for 3 successive years (e.g. $3,333 for 2010, $3,333 for 2011, and $3,333 for 2012). |
| Tax Agency |
Internal Revenue Service (IRS). |
Franchise Tax Board (FTB). |
| How to File |
First-Time Homebuyer Credit and Repayment of the Credit (IRS Form 5405) to be filed with tax returns |
Submit application to the FTB to obtain Certificate of Allocation. The FTB may prescribe additional rules and procedures to carry out this law. |
| Other Restrictions |
Cannot be an acquisition from related persons as defined; cannot be an acquisition by gift or inheritance; and buyer cannot be a non resident alien. |
Cannot be an acquisition from related persons as defined; buyer or spouse must be 18 years old; buyer cannot be another taxpayer’s dependent; credit is allowed for only one qualified principal residence; and credit allowed cannot be a business credit under Cal. Tax & Rev. Code § 17039.2. |
| Legal Authority |
26 U.S.C. section 36. |
Cal. Rev. & Tax Code section 17059.1 (as added by Assembly Bill 183). |
| Date of Enactment |
November 6, 2009 (as revised). |
March 25, 2010. |
| More Information |
IRS Web site at http://www.irs.gov/newsroom/article/0,,id=
204671,00.html. |
FTB Web site at http://www.ftb.ca.gov/
individuals/ New_Home_Credit.shtml. |
Information compiled by the California Association of Realtors®. Comstock Mortgage does not give tax advice. Please consult a qualified tax professional for all tax related matters including eligibility for home purchase tax credits.
Many members of the military, foreign service, & intelligence communities have one more year to purchase a home and claim the $8,000/$6,500 home buyer tax credit.
Any service member who is or has been on extended duty for 90 days or more between January 1st 2009 to April 30th 2010, has until April 30th of next year, to sign a sales contract and until June 30, 2011, to close on the property. Both the $8,000 first-time and the $6,500 repeat home buyer tax credits are included in the extension.
The rule that requires buyers to repay the credit if they move out of their home within three years has also been waived for qualified service members if they receive government orders to move.
-note: First Time Homebuyer = not having ownership interest in a primary residnece in the previous 36 months. So some repeat buyers will still qualify for the full $8,000 FTHB credit.
~ Greg
The state of California has rewritten and re-established last year’s $10,000 home buyer tax credit, allocating $200 million to the credit for homes purchased between May 1, 2010 and August 1, 2011. The credit is worth up to 5% of the purchase price, up to a maximum of $10,000, and is spread out over three years ($3,333 per year). As opposed to the federal home-buyer tax credit this is not a refundable credit.
California Association of REALTORS® president, Steve Goddard, said the tax credit will help create even more incentive for first-time home buyers to purchase abandoned and foreclosed homes. “It is these homes that will require substantial rehabilitation by the new owners, which will in turn generate a tremendous increase in jobs and accessory purchases connected to home improvement activities.”
“The tax credit will help push prospective buyers off the fence, clear out inventory, and jump-start the home-building industry, which will help create jobs and reinvigorate the state’s economy,” said Liz Snow, CEO and president of the California Building Industry Association, in a statement.
With this move California helps ensure the state’s real estate market, and with it the already fragile economy, doesn’t take a nosedive when the federal tax credit runs out this Summer. But like that tax credit is running out of time the state’s may run out well before it is set to expire at the end of next August. The California credit is first come, first served. Once the $200 million is used up, it’s gone. And while this pool of funds is twice as much as the last one it still promises to go very fast. Especially considering how many home-buyers will now be eligible for the credit that were not last time…
~Greg
With so many homeowners underwater I hear daily about people “walking away” from their homes, as if it was such an easy decision to make. Maybe it is? With it becoming so commonplace these days maybe it is an easy decision to walk away from your home and mortgage when you owe more than your home is worth. What was once considered an EXTREMELY reckless move is not only tolerated these days, it’s being encouraged… Even amongst those that currently are not behind and have no problem making their payments. Even the so-called “experts” in the media are suggesting that homeowners will come out ahead if they stop making payments on their loans. Are they right? Lets look at this from a true mortgage planner (and a financial planer’s) point of view.
Forget for a moment the vast legal and moral reasons to keep your home and make the payments you agreed to when you bought (or refinanced) it in the first place, even though those reasons have become easier to dismiss in today’s world, and realize there are some very real consequences to defaulting on your mortgage, not limited to killing your credit score and making it so you can not buy a home (and lose all of the REAL benefits of being a homeowner) for at least 2 to 3 years. In the short-term it seems obvious, why keep making payments on something that isn’t even worth the debt that is carries? One big piece of the American financial system is how much leverage is built into the housing market and being a homeowner. People who wouldn’t consider borrowing money to invest in anything else gladly pile on the leverage when it comes to Real Estate, often borrowing close to the full purchase price of the home (a great financial strategy if used correctly). Of course that is because most of us don’t have the cash to buy a home outright – and if we did it would be the worst financial decision we could make, but that is another story for another day - but however our homes are an asset like any other. Like all assets, values go up and down and leverage magnifies both losses and gains.
Lets look at a home that sold in Roseville during the height of the market in 2005 or 2006, it sold for $450,000 and the family put 10% down when escrow closed obtaining a conforming mortgage of about $405,000. Lets assume all homes in Roseville have dropped about 25% in value since, and the home is worth now $337,500. If this homeowner stops making payments and “walks away” from the home they automatically lose their $45,000 down payment, all interest paid, and principal payments as well. A huge financial loss. People looking at this option sometimes still seem to think walking away from their home and the mortgage is the right move, capping the losses there. The Sacramento real estate market is not good for sellers and probably wont be for a while and they can probably rent the nicer house next door for less than their current mortgage payment. In a simple world this makes sense, but our world is not that simple.
This decision assumes a static housing market where home prices are fixed at their current low values (real estate always appreciates when viewed over the longer-term period and we’re already seeing prices stabilize and start to rise since last Summer). Everyone knows the ABC’s of investing, buy low sell high, but just like the stock market people do it backwards. Selling on the bad news and buying when prices have come back up, in this case it’s no different with Real Estate. People are essentially “selling” low, the exact opposite of what they should. Assuming prices continue to stabilize and appreciate at a modest annual rate of 5% (the National Association of Realtors data shows average appreciation of 6% historically, even taking into account the huge drop in home prices of the last 2-3 years) until the loan is paid off in 2035, this Roseville home will be worth approximately $1,200,000. Of course this homeowner might not want to wait 25 more years, they may want to sell 10 years from now, when this home will be worth $549,750, a decent gain of more than $200,000 more than today’s value, and still $100,000 more than the original purchase price. Which we’ll remember was purchased at the height of the market back in 2005. In my opinion that doesn’t seem too long to realize a $200,000 gain compared to almost a $100,000 loss by walking away today. Especially considering this investment is your home, the place you live, where you keep your stuff, raise you kids, etc. There’s a real good chance you’d been keeping it for 10 years anyways.
Then there is the opportunity cost of walking away with home prices at the bottom of the market and likely to go up. By the time those walking away today are again credit-worthy enough to obtain financing for a new home they’ll have missed years of appreciation, low interest rates, and today’s rental rates will have gone up. Possibly stuck as a renter forever because they can’t afford the current home prices at current rates five years from now. Before long their rent will assuredly be more than they original mortgage payment was and there will be nothing they can do about it.
In the end I hope you see the case for staying in many situations, and that that case is far more compelling that first it seems. Not to mention fulfilling one’s obligations is just the right thing to do. So there is more than just financial reasons for doing so (and we didn’t even take into consideration all of the lost tax benefits of not owning a home, higher interest rates paid on all other credit and other accounts, such as utilities, chance of not getting a job, a deficiency judgment levied by the current lender, massive IRS fees, etc that we won’t have to face/lose if we make the decision not to “walk away”). If anything I recommend homeowners look into one of the government’s new refinance programs to take advantage of tofaday’s low rates, or talk to their lenders to try and get a loan modification or modified payment plan. In reality it’s the monthly payment that matters most right now, and that payment was just fine when your home was worth more, if you can get a lower payment it’s just the obvious and right thing to do.
~ Greg
For some people it may get a little harder to get an FHA mortgage in the near future. Looking to shore up its weakened finances, the Federal Housing Administration has announced stricter standards. The FHA, who insured nearly a third of new mortgages in 2009, is going to increase the premium it charges for its mortgage insurance and increase the required minimum down payment for those borrowers with lower credit scores. The agency will also reduce the amount of money a seller can provide a buyer towards closing costs from 6% to 3%, as well as tighten its enforcement of lenders.
Is this bad news? Well no, not for most people. FHA will still be available and the best choice for those with low down payments or troubled credit. The increase in the mortgage insurance premium is financed over the life of the loan and will have a very minor impact on monthly payments (for most people it will amount to the price of lunch on Wednesday). The 6% to 3% cut on seller contributions is no big deal either. At least not int he Sacramento – Roseville markets. In my business I see purchase contracts every day and I can’t remember the last time I saw one with the seller giving more than 3% back to the buyer for closing costs (if your closing costs are more than 3% YOU’RE WORKING WITH THE WRONG LENDER!!!!!).
~Greg
For the most qualified borrowers rates are back to the low 5′s, even to 5% with a slight discount fee. We don’t know how long they will stay here though, so take advantage while you can.
On another note my last post to Rosevilleloanexpert.com has received a lot of attention. I had no idea so many people were readng this blog! In less than 24 hours the post about the new credit card legislation had 5 trackbacks from credit-related websites around the country!
~Greg :: The Roseville Loan Expert
That’s right, starting today my goal is to raise ONE MILLION DOLLARS in tax credits for the community and have it done by November 30th! It’s a loft goal but one I’m going to reach for… How you ask? OK, I’ll tell you. My referral partners (Top Local Realtors, Financial Planners, CPAs, etc) and I are on a mission to extend the FREE $8,000 First Time Homebuyer tax credit to 125 new homeowners by the end of the year. Lets call it the “million dollar challenge”. A millions dollars in FREE money just for doing something that is perfect timing anyways, buying your first home.
I would like to do everything to make this possible. We’ve got 172 days to do this, together…
~ Greg
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