Principal Residence Exemption

Sellers who have taken advantage of the opportunity to retain two principal residence exemptions must file Form 4640 by December 31.

Legislation (signed in 2008) enables that the seller can retain an additional exemption for up to three years on property previously exempt as the owner's principal residence if the following criteria are met:

• the property is not occupied
• the property is for sale
• the property is not leased or available for Lease
• the property is not used for any business or commercial purpose.

For your convenience, a copy of Form 4640 is available at link to the form on the Michigan Government website.

There is a new Good Faith Estimate and HUD coming January 1st.  The same Good Faith Estimate (GFE) will be used by all companies.  The government stepped in and "helped" with the Good Faith...and made it 3 pages long. 

Something that will help buyers is whatever is disclosed on the GFE, is what has to be on the HUD.  Some costs will have a 10% tolerance, but most will not.  One item that we still are a little unclear on how buyers can receive a GFE before a Home is found.  The reason this may be a problem is what is disclosed, must be charged.  The buyers sale price obviously may change from their pre approval, and if their costs go up (for example...title insurance) because their sale price increases, the mortgage company must eat that cost.  Not being able to give a buyer a GFE at the pre approval stage concerns loan officers presently.  I'm sure they want buyers to feel comfortable about the purchase and be able to confidently make offers.  One idea is to put together a Homeowners Worksheet that will be given at the pre approval stage rather than a GFE.  This will help buyers know what their costs are and what you need to ask for in concessions.  The GFE, of course, will be given at the time of the application.  You could ask for an unsigned GFE I suppose too?

Another step that is being required is for the mortgage company to send the GFE to the title company at the time of closing.  The title company will be required to compare the GFE to the HUD and make sure it is in compliance and exactly the same.  Mortgage companies and title companies will be working closely together on this part. 

There have been a lot of changes throughout this past year.  Most recently, new disclosures laws (MDIA), HVCC and Short Sale changes.  I will continue to keep you updated throughout the rest of this year and next.  Some upcoming changes will be the finalization of the condo underwriting changes, FHA appraisals being good for 4 months rather than 6 months (est. to be January 2010) and some more changes for sure.  Lets hope for a strong year next year for all of us!  For listing information please click here.  Have a great holiday!

The Obama administration has released long-awaited guidelines for a program that will provide incentives for loan servicers and homeowners to engage in short sales when borrowers who are eligible for the Home Affordable Modification Program (HAMP) don't qualify for a loan mod.

The guidelines prohibit loan servicers from demanding that real estate brokerages reduce the commission stated in the listing agreement as a condition of approving a short sale -- a practice that's been a sore point with many real estate agents.

Troubled borrowers interested in exploring a short sale will also be allowed to receive preapproved short-sale terms prior to the property listing, and servicers must agree to fully release them from future liability if the sale goes through.

The incentive program, which includes payments to second-lien holders who often stand in the way of short sales, was announced in May, but issuance of the guidelines was stalled over legal concerns.

Troubled borrowers who agree to a short sale or deed-in-lieu of foreclosure will receive up to $1,500 to assist with their relocation expenses. Loan servicers and investors who sign off on payments to subordinate lien holders will earn up to $1,000 for successfully completing a short sale or deed-in-lieu.

Subordinate lien holders are limited to recovering no more than $3,000 from sale proceeds, although those who object to the cap can engage in short sales outside the program.

Jeff Lischer, the National Association of Realtors' managing director of regulatory policy, told the groups' members last month at their annual conference in San Diego that the incentives should make a difference but won't be a cure-all for foreclosures.

In order to "hold (loan) servicers accountable for their commitment to the program," they will be required to submit schedules for making a decision on each HAMP-eligible loan. Servicers failing to meet performance obligations under a servicer participation agreement may be subject to monetary penalties and sanctions, the Treasury Department said in announcing that initiative.

The initiative also offers new Web tools for borrowers, including Links to all of the required documents and an income verification checklist to help borrowers request a modification in four easy steps.

Some economists and housing analysts have warned that lenders' foreclosure prevention efforts aren't keeping pace with deteriorating loan performance.

An industry coalition of mortgage servicers and investors, HOPE NOW, says its members have provided 2.1 million loan workouts in the first eight months of 2009. While nearly half of homeowners entering the foreclosure process in in 2007 ended up losing their homes, only about one in three do today, the group said.

Nationally the number of homes in foreclosure or headed there continues to grow. A record 14.1 percent of homes with mortgages were at least one payment behind or in foreclosure at the end of September, according to the latest numbers from the Mortgage Bankers Association.

Nearly one in 10 loans outstanding on one- to four-unit residential properties -- a seasonally adjusted 9.64 percent -- were delinquent, up from 9.24 percent at the end of June and 6.99 percent a year ago.

Another 4.47 percent of outstanding loans were in the foreclosure process, up from 4.3 percent at the end of June and 2.97 percent a year ago.

MBA Chief Economist Jay Brinkmann said delinquencies and foreclosures continue to rise despite the recession having ended in mid-summer, "because mortgages are paid with paychecks, not percentage-point increases in (gross domestic product)," and unemployment remains high.

Over the last year, the ranks of the unemployed have increased by about 5.5 million people, Brinkmann said, increasing the number of seriously delinquent loans by almost 2 million.

Prime, fixed-rate loans accounted for the largest share of foreclosures starts and were the biggest driver of the increase in foreclosures, Brinkmann said. One in three foreclosures started in the third quarter were on prime fixed-rate loans, and those loans accounted for 44 percent of the quarterly increase in foreclosures, he said.

The foreclosure numbers for prime fixed-rate loans will get worse, he said, because they also represent most of the recent increase in loans 90 days or more past due, but not yet in foreclosure.

More than 4 million loans were in foreclosure at the end of September or "seriously delinquent" -- more than 90 days past due, the MBA said. That's slightly more than the total number of homes currently on the market, although there's some overlap between the numbers.

Brinkmann said he expects delinquency and foreclosure rates will continue to worsen before they improve. It's unlikely the economy will begin adding jobs until sometime next year, he said, and then only at a very slow pace.

When the economy does begin to add more jobs, those jobs probably won't be in regions of the country with the biggest excess housing inventory and the highest delinquency rates, Brinkmann said.

To get foreclosure listing information click here.

With lower property values due to our struggling economy, many homeowners have been able to take advantage of an exemption contained in the Michigan Transfer Tax Act.  If a seller meets the criteria, they would be exempt from paying the state transfer tax.  Following are the criteria:

1. The property must have been occupied as a principle residence – classified as homestead property.
2. The property’s SEV for the calendar year in which the transfer is made must be less than or equal to the property’s SEV for the calendar year in which the seller acquired the property.
3. The property cannot be transferred for consideration exceeding its “true cash value” for the year of the transfer.

For example:
If the SEV of the homestead principle residence when acquired in 2005 is $100,000 and the current SEV on the property is $90,000, then the first two criteria have been met.  To establish the “true cash value” of the property, you must double the current SEV at the time of transfer.  In this scenario, the true cash value would be $180,000.  If the property sold for $170,000, then the 3rd criteria has been met of Exemption “u” as designated by the Michigan Transfer Tax Act.

If you believe you may be eligible, you have up to 4 years from the transfer date to file for the exemption.  It is also important to note that there are no similar exemptions in the County Real Estate Transfer Tax Act.

To see if you as a seller are eligible, please contact our office for a copy of the “Transfer Tax Exemption Worksheet.”   

As always, thank you for your consideration and referrals.

Tax Credit has passed the Senate and the house!  It is now going to the President for his signature. 

Tax break for Buying a Home

The legislation also would extend the $8,000 homebuyer tax credit to contracts signed by April 30 and closed by June 30. The controversial credit, which many say has boosted home sales in recent months, was set to expire after Nov. 30.

The bill also creates a $6,500 credit for those who buy a home after living in their current house at least five years. That measure would apply to contracts signed by April 30 and closed by June 30. The current credit defines a first-time homebuyer as someone who has not owned a residence within the past three years.

The credit would be available only for the purchase of principal residences priced at $800,000 or less.

The bill would raise the adjusted gross income cap to $125,000 for single filers and $225,000 for joint filers. The amount of the credit currently begins to phase out for taxpayers whose adjusted gross income is more than $75,000, or $150,000 for joint filers.

Tax Credit Update  

The United States Senate is expected to vote, later today, on a bill to extend Unemployment Insurance benefits.  This bill will contain the Dodd - Lieberman - Isakson Amendment to extend and expand the $8,000 First Time Homebuyer Tax Credit.

The Extended and Expanded Tax Credit will contain the following provisions:

Amount:                        $8,000
Eligibility:                     ALL Home BUYERS (Step-up buyers will have to have lived in their current home for SEVEN* years to be eligible)
Income Limits:              $125,000 for single filers/$225,000 for joint filers        
Time Frame:                 December 1, 2009 to April 30, 2010 plus 60 Day extension if binding   contract is in place by April 30, 2010
               
*The 7 year ownership requirement is designed to lower the "score" or cost of the tax credit.  This is still open to change.  The Congressional Budget Office is going to "score" the cost of 3 year and 5 year requirements.  The National Association of Realtors is continuing to push for step-up buyers to be required to be in their current home for three year period.        

I wanted to give everyone an update on Condo's, both for Conventional loans and FHA loans.  For Conventional loans, nothing has changed much since spring time.  Below is a refresher of what lenders look for to determine if the condo is considered Warrantable or Non Warrantable.  A Warrantable condo allows lenders to go through our "normal channels" of financing.  A Non-Warrantable condo means that certain items are lacking with the complex.  When a condo is Non Warrantable, they do have an outlet for financing, as long as the borrower qualifies.  These are called "portfolio loans" and require higher mean credit scores, greater down payment and higher interest rate.  Basically the lender is holding the paper and not spinning it off to an investor.  I have forms or questionsaires available to help us determine what the condo community qualifies for.  Just ask me if you would like a copy. 

Warrantable Condo ALL MUST BE MET - An established project is one in which (a) at least 90 percent of the total units have been conveyed to purchasers; (b) the project is 100% complete (including ALL units and common elements); (c) the project is not subject to additional phasing or annexation AND (d) control of the homeowners association (HOA) has been turned over to the unit owners.

IN ADDITION:
1. Less than 15% of the total units are delinquent in paying HOA fees
2. No litigation pending
3. Project does not permit rental - either short term or long term - of the individual units -- i.e. nightly, weekly, monthly or time shares.    There can be non owner occupied units - not to exceed 30% of the total units  
4. No commercial use
5. No hotel/condo-tel reference in the name, legal, etc.
Condo Questionnaire is required on all attached condos regardless of the LTV.
This is directly from FNMA frequently asked questions 12/08 and is in conjunction with the FNMA 08-34 Announcement.

FHA Condo's:

There has been a lot of discussion about FHA changing their guidelines on condo's.  They have now pushed back there decision until December 7th.  They have yet to decide on their guidelines and I wouldn't be surprised if it were pushed back even longer.  As a reminder, however, Site Condo's are treated as single family residences (SFR) and lenders still allow for Spot Approval's.  Ask me for an FHA Spot Approval Checklist.  All answers must be "yes" for it to qualify for an FHA loan.  Also, other conditions may apply after getting this filled out.

Basically a completed community has a much better chance of meeting the quidelines.

The State of Michigan requires Brokers such as myself to stay current on legal and industry matters with minimum continuing education requirements per year.  Recently I attended a seminar on IT legal issues and the evolution of information resources on the Internet. 

It got me thinking about our current school curriculems in comparison to the rest of the world and I was amazed by some interesting statistics. 

Check out this 5 minute video clip called Did you Know? Most people find it quite interesting.

The Homeowner Stability Initiative, which Obama unveiled in Phoenix, seeks to address one of the triggers of the global financial crisis: the 2.3 million U.S. foreclosures last year that are protracting the housing crisis and helping to drive down Home prices across the nation.

“When the housing market collapsed, so did the availability of credit on which our economy depends. As that credit dried up, it has been harder for families to find affordable loans,” Obama said. “In the end, all of us are paying a price for this home mortgage crisis. And all of us will pay an even steeper price if we allow this crisis to deepen _ a crisis which is unraveling homeownership, the middle class, and the American Dream itself.”

Specifically, the Obama plan seeks to provide low-cost refinancing for as many as 5 million Americans. It seeks to help delinquent or at-risk borrowers get their mortgages modified so that no more than 31 percent of their income is tied up in their mortgages. And it provides financial incentives to lenders and even a new insurance program to promote more mortgage modifications.

Like the failed efforts under the Bush administration, however, the Obama plan doesn’t compel banks and other lenders to modify troubled mortgages. Instead, it provides a menu of incentives that may or may not prove sufficient.

“This is not just the treasury secretary going into the room and asking people to do the right thing,” said a senior Treasury official, speaking on the condition of anonymity to speak more freely. “This is the first time there has really been a systemic incentive strategy for them (lenders).”

Banks joined two prior voluntary efforts during the Bush administration _ Hope for Homeowners and the Federal Housing Administration’s FHA Secure _ but these efforts have resulted in relatively few mortgage modifications.
Now they’ll have a stick waved at them if they don’t comply with the subsidy plan. It will come in the form of Obama’s support for legislation pending in Congress that would allow bankruptcy court judges to modify the terms of a mortgage.

That’s forbidden right now, and banks and other lending institutions fiercely oppose what they call “cram down” legislation, warning that it’ll bring uncertainty for lenders, who will respond by restricting mortgage lending.
Banks may soon have to choose between the lesser of two evils. They could either modify loans - with a subsidy - to provide lower lending rates, and lose what they might have made from the higher lending rate over the life of the loan. Or they can do nothing and run the risk that a homeowner could file for bankruptcy and then have a judge order new loan terms that allow the borrower to stay in the home - and pay the lender less money.

The president’s plan also offers payments to mortgage servicers, who collect mortgage payments on behalf of investors who own the mortgages originally issued by banks but were sold into a secondary market. Servicers apparently would be offered a payment for modification on par with what they would collect in the case of foreclosure.

Help for Homeowners Q&A: Will the President’s Plan Help Your Clients?

The White house website posted a Q&A on its blog yesterday for homeowners in distress to learn how the President’s plan will help them specifically. Here are a few excerpts:

Borrowers Who Are Current on Their Mortgage Are Asking:

• What help is available for borrowers who stay current on their mortgage payments but have seen their homes decrease in value?

Under the Homeowner Affordability and Stability Plan, eligible borrowers who stay current on their mortgages but have been unable to refinance to lower their interest rates because their homes have decreased in value, may now have the opportunity to refinance into a 30 or 15 year, fixed rate loan. Through the program, Fannie Mae and Freddie Mac will allow the refinancing of mortgage loans that they hold in their portfolios or that they placed in mortgage backed securities.

• I owe more than my property is worth, do I still qualify to refinance under the Homeowner Affordability and Stability Plan?

Eligible loans will now include those where the new first mortgage (including any refinancing costs) will not exceed 105% of the current market value of the property. For example, if your property is worth $200,000 but you owe $210,000 or less you may qualify. The current value of your property will be determined after you apply to refinance.

Borrowers Who Are at Risk of Foreclosure Are Asking:

• What help is available for borrowers who are at risk of foreclosure either because they are behind on their mortgage or are struggling to make the payments?

The Homeowner Affordability and Stability Plan offers help to borrowers who are already behind on their mortgage payments or who are struggling to keep their loans current. By providing mortgage lenders with financial incentives to modify existing first mortgages, the Treasury hopes to help as many as 3 to 4 million homeowners avoid foreclosure regardless of who owns or services the mortgage.

• Do I need to be behind on my mortgage payments to be eligible for a modification?

No. Borrowers who are struggling to stay current on their mortgage payments may be eligible if their income is not sufficient to continue to make their mortgage payments and they are at risk of imminent default. This may be due to several factors, such as a loss of income, a significant increase in expenses, or an interest rate that will reset to an unaffordable level.

Click Here to view the current MLS home inventory online.

Understandably, homeowners who apply for a loan modification tend to get a little antsy and perhaps even annoyed when they apply for a loan modification and then fail to hear anything for several weeks, especially if they continue to receive late payment notices and nasty phone calls from collection agencies.

Many homeowners wonder, “How long will it be before I hear anything?” and “What should I do while I’m waiting.” This article should help answer those very pressing questions.

How long will it take?

The loan modification process typically takes 30 to 90 days, depending mostly on your lender and your ability to efficiently work through the process with your attorney or other loan modification representative.

Note: The loan modification timeline is not set in stone. The more complex your situation or the greater the degree of concessions needed from the investor, the longer the process takes. Borrowers with a lot of collateral issues can see their loans take longer than what has become the typical 30- to 90-day timeframe.

A professional can often reduce the amount of time required by processing your paperwork efficiently, presenting your application exactly the way the lender wants it, and knowing from past experience what the lender is able and typically willing to agree to. Although each borrower’s situation is unique, knowing the measures the lender is willing to take for similarly situated borrowers can be a real time saver.

Whether you are dealing directly with your lender or through a loan modification specialist, ask several questions up front:

How long is the process likely to take? Find out the best- and worst-case scenarios and then count out the days and mark them on your calendar.

When can I expect to hear something about my case? Mark this date on your calendar.

If I don’t hear anything by the specified date, whom should I contact? Get the person’s name, employee identification number (if available), phone number, and any extension you need to dial to reach the person directly.

What should I do while I’m waiting?

Playing the waiting game can be agonizing, particularly when you have no idea of whether your application will be accepted or rejected or what the lender will offer in terms of a workout. It feels like your future hangs in the balance, and you remain in the dark. Knowing the standard timeline for processing a loan modification can certainly help relieve some anxiety. In addition, you can continue to make progress on your own by doing the following:

If you hired a loan modification specialist to represent you, do not speak with your lender or lender’s representative. Refer all matters to the professional who is representing you. Anything you say to the lender could confuse things or compromise your representative’s ability to negotiate the best deal on your behalf.

Log all phone calls and correspondence between you and your lender or representative. Write down the number you called, the person you talked with, what the person said, and what you said - not word for word, just jot down the key points.

Keep track of important dates. If you do not hear something back on the date promised, call the next day to find out what’s going on. Lenders almost never call you back with updates. If you hired a third party representative, they will (or should) keep you posted, but the lender simply doesn’t have the time to make follow up phone calls. If you’re dealing with your lender directly, you’ll have to be the one making the calls. Mark your calendar and schedule periodic update phone calls. Consistent follow up is paramount to a successful modification.

Explore other options. If the lender denies your request for a loan modification or presents an offer that you cannot accept, you will need a plan B (and maybe a plan C and a plan D). In addition, other options may be better for you than a loan modification. Consult a real estate agent about listing your Home for sale. Talk to a mortgage broker or loan officer about refinancing. Speak with a bankruptcy attorney to find out whether filing bankruptcy would be a better choice.

Don’t be surprised if you continue to receive delinquency notices or late payment phone calls. Lenders rarely put a stop on the foreclosure process until a workout solution is fully in place. You should ask your lender if your attempts to negotiate a solution will stop or at least postpone other collection actions. If they do not, you should find out what that means for you. If the lender is able to foreclose in 30 days and a workout takes 60 days, there’s a slight timeline problem. Push to have all default and foreclosure actions put on hold while your workout attempts are underway.

When your fate is in someone else’s hands, 30 to 90 days can seem like an eternity. By doing your part to keep the process on track, remain informed, and explore other options, you not only improve your chances of achieving a positive outcome, but you can also reduce the stress that commonly accompanies the waiting process.

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