Showing posts with label foreclosure. Show all posts
Showing posts with label foreclosure. Show all posts

Saturday, April 16, 2011

Foreclosure Filings Plunge in First Quarter

Even though one in every 80 California housing units and one in every 35 Arizona housing units received a foreclosure notice the first quarter of 2011, foreclosure filings were at a three-year low. The reason? Lenders are inundated with stalled paperwork.

From Huffington Post.com:

In the first quarter of 2011, home repossession filings were down 30 percent from one year prior to 680,000, RealtyTrac reported. The decrease, however, appears to have less to do with a recovering economy than the processing problems that are stalling foreclosures and backlogging banks and mortgage companies across the country, RealtyTrac says.

Nationally, successful home repossessions fell 17 percent from the same period last year, too, with just over 215,000 in the first three months of 2011. But new foreclosure filings sped up in March, suggesting the total number of foreclosures could still hit 1 million in the U.S. by the end of the year.

That means foreclosures remain a looming threat to further derail an already fragile housing market, RealtyTrac CEO James Saccacio said in a release.

“The nation’s housing market continued to languish in the first quarter, even as foreclosure activity fell to a three-year low,” Saccacio said. “Weak demand, declining home prices and the lack of credit availability are weighing heavily on the market, which is still facing the threat of a looming shadow inventory of distressed properties."

Nevada had the highest foreclosure rate in the first quarter, with one filing for every 35. In Arizona, one in every 60 housing units received a foreclosure notice; in California, it was one in every 80.

More here

Monday, March 14, 2011

Foreclosure Activity Plunges in February

With the foreclosure system facing major overhauls, the total number of foreclosures fell 27% from the same time last year. Of course, this is not the gleaming ray of economic hope we’re all looking for. Just as many people are having trouble, banks just held off on actual foreclosure proceedings.

From TimesLeader.com:

    Evidence of a foreclosure slowdown comes as state attorneys general and federal regulators push the banks to revise the way they service loans, consider troubled borrowers for potential mortgage relief and conduct their foreclosure proceedings. Officials last week sent the nation’s biggest mortgage servicers a 27-page list of terms outlining these demands.

    “The foreclosure process is stalled, and the seemingly impending settlement is delaying foreclosures,” said Mark Zandi, chief economist for Moody’s Economy.com. “The whole process is slowing down because of these issues.”

    Negotiations involve the five largest providers of home loans. They include the arms of four national banks: Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and Citigroup Inc. Also part of the talks is Ally Financial Inc., the former GMAC, which services loans through its GMAC Mortgage unit.

    The wrangling began last year after revelations that some of the nation’s largest financial institutions relied on “robo-signers,” people who signed key court documents used in thousands of foreclosure cases across the country without reading or understanding them. The revelations led several banks to issue foreclosure moratoriums and lawmakers to question the integrity of the entire foreclosure system.

    The February decline was probably related, in part, to banks resubmitting foreclosure filings that had been found to be faulty, said Rick Sharga, RealtyTrac senior vice president. About 70,000 foreclosure filings were resubmitted nationally last month, a number RealtyTrac did not include in its February estimates.

Continue reading here...

Saturday, November 13, 2010

Wells Fargo 'Nightmare' For Homeowner Applying For Help Under Administration's Anti-Foreclosure Program

As stories of the troubled HAMP program roll in, more and more mortgage lenders are being named and shamed. Bank of America has had a number of issues, and you can add Wells Fargo to the list.

From HuffingtonPost.com:

    Wells Fargo put an Illinois woman though a "nightmare of harassment, frustration, and relentless stress" when she tried to apply for a mortgage modification under the Obama administrations' Home Affordable Modification Program, according to a lawsuit filed in federal court this week.

    It's a familiar nightmare to many lured by HAMP's promise of reduced monthly payments. More people have been bounced from the program than have received "permanent" five-year modifications, and federal auditors say the program sometimes actually causes borrowers to lose their homes.

    Therese Crowley of Deerfield, Ill., facing reduced income because of health problems and less demand for her broker services, first asked for a HAMP application in April 2009. Wells Fargo allegedly dragged its feet for four months before it sent one along, then denied the application in October and gave her bogus explanations when she called to complain.

    In November, Wells Fargo told Crowley to apply again, then denied her again the following month. A week later she called the bank and spoke to a woman named Paula, who "determined that Wells Fargo had erroneously overstated Crowley's income by $2,800," the complaint alleges. "Also, the file erroneously indicated that Crowley owed $2,381.07 per month on a credit card debt which in fact had been paid off in 2002. Paula agreed that with the correct information (information that Wells Fargo had during this entire process), in her opinion Crowley qualified for a HAMP loan modification."

Read more here

Wednesday, October 20, 2010

The Pros and Cons of a Nation Wide Foreclosure Freeze

Bank of America made headlines with their announcement that they would temporarily pause all foreclosure proceedings to investigate procedures and allegations of false affidavits. Shortly thereafter banks like Chase and GMAC also issued a memorandum against evictions. The current review is only expected to take a few weeks. At that point financial institutions are hoping that foreclosures can resume, however, the possibility of mass foreclosure fraud has worried taxpayers across the country. Currently, 10% of Americans are delinquent on their home loans, and with an election just around the corner many members of Congress have spoken out about the possibility of a nationwide foreclosure freeze. Although the Obama administration does not support the moratorium on a Federal level, the Senate Banking Committee has scheduled a hearing on November 16th to address the issue.

For all of my readers confused about the foreclosure fraud investigations and nationwide freeze, I have put together the following list of pros and cons. If you can think of any that I might have missed, drop me a line on either Twitter or Facebook.

Pro: Help to Struggling Homeowners

The number of American families that has suffered a foreclosure has been on the rise since 2007, and it has been expected that nearly five million homeowners could face foreclosure in the next two years. With a freeze in place, thousands of families will be able to stay in their homes. However, the current moratorium is only temporary and banks are still tracking delinquency so that they can resume foreclosure proceedings once the investigation has concluded.

Con: Nightmare for Banks

Although the investigation into foreclosure practices might be good for families struggling to pay their bills, it could become a nightmare for banks, and many other Americans. The credit market has been tight for years, which has made it difficult for small business owners to hire additional workers. Economists suggest that financial institutions stand to lose $2 billion every month that foreclosures are not moving forward. If revenue continues to decline, many worry that it will continue to prevent any improvement to the unemployment problem. Additionally, if banks are found guilty of foreclosure fraud it could lead to hundreds of lawsuits.

Pro: Fraud Investigations

The reason banks have been stalling foreclosures is to look into allegations of foreclosure fraud. When Bank of America began their freeze, officials claimed it was to look into cases to ensure no fraudulent documents were used to confiscate homes. After the investigations conclude, safer foreclosure programs are expected to be enacted which will help protect American homeowners. Additionally, some taxpayers could receive compensation if it is deemed that banks used fraudulent documents.

Con: Economic Recovery Prevention

Many politicians have warned a federally mandated nationwide foreclosure freeze would be bad for the economy. During a speech in New York, Senate Banking Committee Chairman Christopher Dodd said “a broad, sweeping moratorium is probably unwise. There are many institutions that are actually engaging the foreclosure process intelligently and well and doing a good job. To stop that across the board from happening would be very harmful for the economy.”

Pro: Stop to Robo Signing

Unfortunately, as financial institutions foreclosed on record numbers of homes over the past few years, the practice of using robo-signers emerged. Experts are accusing these so called robo-signers of approving hundreds of foreclosures every day, without taking the time to review them for legality. If investigations prove that this practice led to unjust foreclosures, then the government may step in to prevent robo-signers.

Con: Housing Market Instability

The Obama administration’s main objection to a nationwide foreclosure freeze seems to stem from a fear of further damage to the housing market, and economy. The real estate market has certainly seen a rough few years. A nationwide foreclosure freeze would only create more uncertainty, and possibly lower home values.

Monday, August 23, 2010

Obama Housing Program Slowing To A Crawl While Homeowners Suffer

From Huffington Post.com:

More than 18 months after President Barack Obama announced a $75 billion program to help three to four million homeowners avoid foreclosure, the administration's primary foreclosure-prevention initiative is slowing to a crawl.

Less than 17,000 homeowners were offered temporary trial plans in July under the Home Affordable Modification Program to reduce their monthly mortgage payments, an 86 percent decrease from the same period last year, according to Treasury Department data released Friday. About 37,000 homeowners transitioned from trial plans into permanently-modified mortgages, which offer years of lower monthly payments thanks to cuts in the mortgage's interest rate and extensions to the life of the mortgage. It's the lowest figure since December, and a 28 percent decrease from June's total.

More than 100,000 homeowners were bounced from the program, known as HAMP, last month as homeowners either fail to provide documentation verifying their situation, fell behind on their new, reduced payments (an indication of how deeply in debt they are) or their mortgage servicers simply kicked them out due to error, a common occurrence, according to homeowners, their advocates, and government auditors. It's a seven percent increase from June. An average of 108,000 homeowners per month have been kicked out since March 1.

About half, or 48 percent, of struggling homeowners who have entered the program since the spring of 2009 have been kicked out.

Thursday, June 24, 2010

Mortgage rates hit new low

Wow, CNNMoney.com is reporting that 30-year fixed mortgage rates have dropped to an amazing 4.69%. Freddie Mac is saying it is the lowest level since they started tracking it 38 years ago. This means, yes, it is cheaper to buy a house. Unfortunately it is doubtful there will be a spike in home sales with unemployment so high, wages stagnant and tax incentives expiring.

With low home sales, home prices will continue to fall. Economists on CNNMoney.com predict by the end of next year, home prices will be at least 5% lower. However, lower home prices are bittersweet news. It’s great news for buyers, but bad news for all of those in or near foreclosure.

Read the full article here.

Wednesday, June 23, 2010

Half of all loan modifications delinquent again within year

From CNNMoney.com:

It’s looking like homeowners who received loan modifications last year are already falling behind according to a federal report released Wednesday. I think this is an absolute tragedy—this economy continues to wreak havoc on the lives of many! Here’s what the article had to say:

Modifications made under President Obama's foreclosure prevention program, known as HAMP, had lower re-default rates than non-government modifications. Some 7.7% of HAMP modifications were delinquent after three months, compared with 11.3% of all modifications.

Is this an all-across-the-board problem or were there some loan modifications that fared better? HAMP had lower default rates than other non-government modifications. Under the HAMP program borrows receive incentives for making timely mortgage payments and they have their monthly payments reduced to no more than 31% of their pre-tax income.

Many experts say that servicers must do more principal reduction if they want to halt the foreclosure tidal wave. Homeowners are more likely to walk away if they owe much more than the home is worth, a situation about 1 in 4 borrowers find themselves in.

What are your thoughts on loan modifications or government programs like HAMP? Do you agree with borrowers getting incentives for paying their mortgages on time?

5 Tips for Protecting Your Home from Foreclosure

Many U.S. homeowners are in foreclosure or desperately trying to prevent their home from being foreclosed upon. Maybe they have missed a couple of mortgage payments and they just aren’t sure what to do next. www.federalreserve.gov has posted five 5 tips to protect your home:

1. Don’t ignore your mortgage problem. If you are unable to pay--or haven’t paid--your mortgage, contact your lender or the company that collects your mortgage payment as soon as possible. Mortgage lenders want to work with you to resolve the problem, and you may have more options if you contact them early. Call the phone number on your monthly mortgage statement or payment coupon book. Explain your financial situation and offer to work with your lender to find the right payment solution for you. If your lender won’t talk with you, contact a housing counseling agency. You can find a list of counseling resources at NeighborWorks and on the U.S. Department of Housing and Urban Development's (HUD) website or by calling (800) 569-4287.

2. Do your homework before you talk to your lender or housing counselor. Find your original mortgage loan documents and review them. Review your income and budget. Gather information on your expenses, including food, utilities, car payment, insurance, cable, phone, and other bills. If you don’t feel comfortable talking to your lender, contact a housing or credit counseling agency. Counselors can help you examine your budget and determine the options available to you. They may also advise you about ways to work with your lender or offer to negotiate with your lender on your behalf.

3. Know your options. Some options provide short-term solutions/help, while others provide long-term or permanent solutions. You may be able to work out a temporary plan for making up missed payments, or you may be able to modify the loan terms. Sometimes, the best option may be to sell the house. For information on different options, visit HUD’s website or Foreclosure Resources for Consumers for links to local resources.

4. Stick to your plan. Protect your credit score by making timely payments. Prioritize bills and pay those that are most necessary, such as your new mortgage payment. Consider cutting optional expenses such as eating out and premium cable TV services. If your situation changes and you can no longer meet your new payment schedule, call your lender or housing counselor immediately.

5. Beware of foreclosure rescue scams. Con artists take advantage of people who have fallen behind on their mortgage payments and who face foreclosure. These con artists may even call themselves “counselors.” Your mortgage lender or a legitimate housing counselor can best help you decide which option is best for you. For tips on spotting scam artists, visit the Federal Trade Commission's website, Foreclosure Rescue Scams. Report suspicious schemes to your state and local consumer protection agencies, which you can find on the Consumer Action Website.

Please see my blog entry and video on the same topic, Other Options than Foreclosure here.

Wednesday, April 14, 2010

No More Taxes on Short Sales, Foreclosures

According to SF Gate.com, Arnold Schwarzenegger has finally decided to provide relief to California homeowners. Currently, there is a law that requires Californians to pay income taxes on canceled or forgiven debt resulting from a short sale or foreclosure.

The state law runs counter to a federal law that exempts many homeowners from federal taxes on canceled mortgage debt. It's unfair and given the bleak housing market, it's also unseemly. It needs to be changed.

In 2009, the Legislature passed a bill that would have aligned the state with the federal tax exemption. It would have also aligned the state with a few other federal tax provisions. Schwarzenegger supported the mortgage tax realignment but not the other provisions. So he vetoed it.

Last month, he vetoed SBX832, another bill that contained the mortgage tax exemption. This bill contained two other sensible tax provisions - a state tax exemption on government stimulus grants for energy companies pursuing renewable sources of power, and a 20 percent penalty for Californians who are caught cheating on their taxes. Business groups opposed the penalty for tax cheats, and the bill barely squeaked through the Senate. The governor decided to veto that one, too.

The third time has been the charm - and right before Tax Day. Last week, legislators passed SB401, which simply brings the state into line with the federal government on this mortgage tax exemption. The governor is going to sign it and the state is going to allow taxpayers to use the provision in their taxes for this year.

Tuesday, November 24, 2009

1 in 4 Mortgages 'Underwater'

From CNNMoney.com:

In a sign that more foreclosures could be on the horizon, 23% of people with mortgages owe more than their home is worth, according to a report released Tuesday.

Almost 10.7 million U.S. mortgages were "underwater" as of September, said research firm First American CoreLogic.

Another 2.3 million homeowners are within 5% of negative territory, the report said. The two figures combined comprise almost 28% of all residential properties with mortgages.

Negative equity, also called an "underwater" or "upside down" mortgage, has become more common as home values plummet. The report is closely watched because borrowers who are underwater are more likely to be foreclosed.

Would you walk away from your house?

Foreclosures have been rampant for some time, but lately the tide of decay had seemed to be slowing -- so Tuesday's report could dent optimism for the housing market over the next few months.

Thursday, August 06, 2009

Good News on Unemployment Rates

As foreclosures begin to stabilize in certain parts of the country, it looks like there is finally some good news on the unemployment front. According to new reports from the Labor Department, claims for state unemployment insurance fell 38,000 to a seasonally adjusted 550,000 in the week ended August 1 from 588,000 the prior week.

A Labor Department official described the period under review as "uneventful" and said it appeared the distortions to the weekly data caused by the auto plant closures were out of the way. Analysts polled by Reuters had forecast new claims to edge down to 580,000 last week.

U.S. stock index futures extended gains on the data, while government bond prices slipped.

"The claims data are another sign that the recession could be behind us," said Kevin Flanagan, fixed-income strategist at Global Wealth Management, Morgan Stanley in Purchase, New York.

"I am optimistic that a recovery is in the process of beginning, but we will need to see continued improvement in claims going through (below) the 500,000 level before the consumer is willing to come on board and be part of the recovery."

Analysts said the report also bodes well for July non-farm payrolls data due on Friday.

"We should see a decline of 300,000. It's a big step in the right direction in the labor market," said Lindsey Piegza, market analyst at FTN Financial in New York.

Battle on the Home Front

The ABA Journal put together an-depth piece on families and individuals dealing with foreclosure, bankruptcy, and debt settlement because of the recession. The article starts by telling the story of Paul Vachon and his wife, who were forced both file for bankruptcy and let their house foreclose without any other options.

For 12 years, Paul Vachon lived with his wife and son in a four-bedroom bungalow in one of the nicer suburbs of Detroit. And he had a good job, selling higher-end furniture.

Then, in mid-2007, the U.S. economy collapsed. Detroit was hit particularly hard, as was Vachon’s business. “People in the area, if they are worried about the future of the auto industry,” he says, “are much less likely to spend $700 to $800 for a bedroom set.”

Soon Vachon, 50, had trouble paying his bills. “I was falling behind each month,” he says. “My wife and I were cutting back on our expenses, but I had to keep going into my savings to pay my mortgage. Then my savings ran out.” He says the bank started sending threatening letters after he missed his mortgage payment in February 2008.

Vachon says he couldn’t get the bank to seriously consider a modification of his mortgage loan, and he couldn’t ask any other lenders to refinance his mortgage because the market value of his house had plummeted to less than the value of his home loan.

In the face of their mounting finan­cial burdens, Vachon and his wife, Sheryl, filed for bankruptcy in February. It was a bitter pill.

Continue reading at ABA Journal.com…

Wednesday, June 17, 2009

The True Cost of Foreclosures

Foreclosures are running rampant across the country. According to recent studies, an estimated 1 out of every 300 households was forced into foreclosure last month. If you have not witnessed a foreclosure, you may think the only people affected are the homeowners and banks. However, foreclosures actually affect their entire neighboring community, and can drastically impact local tax revenue.

Decreasing Real Estate Values

There are actually several reasons foreclosed homes are bringing down real estate values. Many foreclosures happen quietly and quickly, where residents in the area do not even realize the house was empty until the foreclosure sale sign is in the yard. However, some homes are littered with huge warning signs, or sit on the market unkempt for months. Since there is usually no one in charge of maintaining foreclosed homes, yards grow tall, pools fog up, and the whole home itself begins to look artificially aged. In order to unload these properties the banks will drastically reduce their asking price. This forces regular sellers to lower their prices in order to stay competitive, and results in deflated real estate values for an entire neighborhood.

Devalued Neighborhoods

In addition to forcing sellers to reduce prices, foreclosed homes can also devalue a neighborhood just by sitting there unsold. As I mentioned before, the banks do not assign someone to look over the property, and if several homes on one street go into foreclosure then it can quickly turn the neighborhood into a ghost town. Once the area begins to decline, real estate values will drop quickly, and residents will find it nearly impossible to sell their homes.

Loss of Local Revenue

When a house has been vacated due to foreclosure, it means that there is no one living in the property, and there is no one to pay local property taxes. This can be disastrous to local government agencies that rely on this revenue. For example, the municipality of Greenville, California received over 40% of its revenue from property taxes and in the past year alone home values have decreased by over 15% due to record foreclosure rates. This had led to a budget shortfall and the town is now desperately struggling to get by without the additional funds full occupancy of its homes would bring.

Reassessed Property Tax Rates

Even if a foreclosed property is sold, the local government is going to get less money then it would have if the original homeowner had stayed. This is because property taxes are based on the value of the property, and if a house sells for significantly less then it had five years ago, then its tax rate will be reassessed and taxpayer will only be required to pay the reduced property tax.

Additional Costs to Local Governments

In addition to the lack of property tax revenue, the overall cost of a foreclosed home can be quite large. According to a study from Chicago, the cost of securing and processing a foreclosure can be as high as $5,400 per property. Furthermore if the property is abandoned for more then a few months, local governments will lose out on utility taxes, and may have to pay for water service, and trash removal. The total estimated cost on a foreclosed property could be as high as $20,000.

Local Service Cuts

With out this valuable revenue from property taxes, many cities are being forced to make up the revenue elsewhere. Local governments are being forced to lay off city workers (including firefighters and law enforcement), cut funding for education, increase retail taxes, and even sell precious historical landmarks. There is not a lot taxpayers can do to prevent these rash actions in their hometowns but sit by idly and hope that they do not get hit with a tax increase.

What can YOU do?

One of the best ways to counterbalance your communities’ loss in city revenue is to directly support your local economy. By making a few changes to your spending habits, and encouraging your neighbors to do so as well, you can make a difference. To learn more about how you can help, be sure to check out an entry I posted a few weeks ago titled 10 ways to help your local economy with your tax refund.

Wednesday, November 19, 2008

5 Problems to Check for Before Buying a Foreclosed Home

Hundreds of families, and real estate investors, are purchasing more and more foreclosed homes as they can typically be purchased for a fraction of their value. However, you want to make sure to pay close attention to the following 5 potential problems thanks to Popular Mechanics.

1. MOLD

These organisms love water—so they love humid places like Florida, says Lee County property inspector and field services supervisor John Heaphy. Lee Country, home to Ft. Myers, has been one of the three counties in the U.S. hardest hit by foreclosures after the housing market collapse. When he goes in to inspect those homes, Heaphy said, mold is the number one enemy he finds. "We see walls black from ceiling to floor with mold."

Foreclosed or not, mold affects homes in muggy Florida or even arid Arizona, Grant said, though it is less common or severe in the desert. And not all mold cases are as drastic as the whole-wall growths in Florida. Sometimes, Grant said, the problem is hidden behind a wall or has just begun—that's why inspectors are so preoccupied with looking for leaks, the source of most mold infiltrations. Once mold takes hold on drywall, Heaphy said, there's usually no hope to slow it down; the new buyer would have to replace all the infested drywall.

2. VANDALISM & BREAK-INS

One of the reasons mold is such a problem in Florida foreclosures, Heaphy said, is that vandals steal air conditioning units so they can sell the copper tubing for scrap. With no air conditioning to keep down the humidity (and a gaping hole letting in humid air), mold flourishes. A/C window units aren't the only target, Lee County property inspector Ken Wilkinson said—thieves would grab dishwashers and other large appliances before banks and realtors got smart and pulled those expensive items out of unoccupied homes. Piping and electrical wire are also popular targets, according to realtor Jeff Staub, who works in foreclosure-ridden Riverside, Calif.

Abandoned homes are ripe for random acts of vandalism as well. But, Heaphy said, some of the worst damage comes from the former homeowners, who deface their own house when they know they're going to lose it. Grant has seen the same thing—some people trash the house, or even punch holes in the walls. Staub said he once entered a home in which someone had taken a baseball bat to the walls. But what may have shocked him more, he said, was the time he entered a house where the old owners had left their home perfectly clean, even vacuuming the floors on their way out. "You never know what you're going to see when you walk through that door," he said.

3. PARTING GIFTS

Besides damaging the house in frustration, Grant said, some foreclosed homeowners try to take whatever they can along with them. He said that he and other inspectors have gone into houses where the former owners grabbed anything they could get loose—light fixtures, ceiling fans, even kitchen cabinets and entire toilets taken from the house. Staub said he found a foreclosure where the former owners had ripped out all the carpeting. And while some foreclosed homeowners loot their own home, Riverside, Calif., realtor Mike Novak-Smith told PM they often leave things behind, too—usually lots of trash and junk. So if you're looking for a foreclosed home, anticipate that extra costs for appliance replacement or trash removal might cut into the savings from buying an inexpensive property.

4. WILD ANIMALS

Nature abhors a vacuum, and often wild animals will find an abandoned house and make it their home. Heaphy said that all kinds of Florida wildlife like to take over in the absence of a homeowner—when the grass gets hip-high at an abandoned house, it's a haven for snakes. And he and his agents have stumbled into other animals, including panthers and wild boars. Typically, Heaphy said, those big mammals are more scared of us than we of them, but that's not always the case. "If you find a mother boar with piglets, you don't want to get in her way," he said.

Grant said he'd seen hundreds of bats in an attic before, and a beehive so well developed that honey was dripping off and coming out of the bottom of a wall. Inspectors in Arizona sometimes run into skunks living in ventilation systems. He said probably not all of those instances happened in foreclosures, but they show how a neglected home can become host to just about anything. You can get rid of larger mammals, Heaphy said, at least once you get over the shock of finding a panther in the living room. But some infestations—like the fire ants he sees often in Florida—are harder to exterminate.

5. NEGLECTED MAINTENANCE

"Most maintenance stops when the payments are no longer being made," Novak-Smith told PM. Grant said people who know they're losing their house don't typically care whether they keep a fresh coat of paint on the walls or if tiny roof leaks are sealed. Mechanical systems frequently suffer in a foreclosed home because they need a fair amount of care, he said—foreclosures frequently have heating systems at the end of their lives, often prematurely so because the homeowner neglected routine maintenance, like cleaning the filters or bleeding the radiators. The ventilation systems are often forgotten, too, he said, which can lead to mold problems. Home buyers looking at foreclosures need to bear these facts in mind, Grant said—they could be inheriting a much larger and costlier repair job than they first expect.

Thursday, July 31, 2008

Senate Approved Foreclosure Relief Bill

er the weekend the U.S. Senate approved a new foreclosure relief bill in an overwhelming 72 to 13 vote. The huge margin goes to show that Congress is very well aware that the nation needs some type of foreclosure relief to help the economy. Earlier in the week the House of Representatives approved the bill in a 272 to 152 vote, and the President is expected to sign it into law in the next few weeks.

The bill know as, the American Housing Rescue and Foreclosure Prevention Act, contains a number of provision to improve the housing crisis including a guarantee of up to $300 billion in lower-cost mortgages.

"Today, Congress did more than send a bill to the president -- we sent a message to American families that help is on the way," claimed Senate Banking Committee Chairman Christopher J. Dodd (D-Conn.).

"In addition to providing urgently needed relief to homeowners on the brink of losing their homes, this legislation will address our broader economic problems by helping to reform our housing sector and provide reassurances to our financial markets," Dodd continued.

Bush plans to sign the legislation despite reservations about "some provisions, including nearly $4 billion to help lenders, not the homeowners this legislation is intended to serve," noted Tony Fratto, deputy press secretary.

"It's been nearly six years since we called for a strong, independent regulator for Fannie Mae and Freddie Mac and nearly a year since the president called on Congress to quickly pass legislation to modernize the Federal Housing Administration to keep more deserving Americans in their homes, especially low-income Americans," Fratto said.

For more information on the bill check out this page on LA Times.com.

Friday, September 21, 2007

IRS Unveils Foreclosures Section of IRS.gov

The IRS’ official website, IRS.gov has unveiled a new section of their website devoted to providing information to families who have had increased tax liabilities due to foreclosures. The IRS is letting families know that although "foreclosures can have tax consequences, special relief provisions can often reduce or eliminate the tax bite for financially strapped borrowers who lose their homes." However, providing relief after people are already in debt to the IRS doesn’t really solve the problem. The only thing in the IRS’ announcement that really seems to address a solution is when they say "the IRS urges struggling homeowners to consider their options carefully before giving up their homes through foreclosure." Unfortunately this is the best we will probably see any time in the near future as the only way to really fix the problem is for Congress to step in and change the tax code so that it no longer considers foreclosure relief taxable income.

Tuesday, September 18, 2007

Tax Penalties of Foreclosures

As everyone in the country knows, the real estate and mortgage industry has been in trouble over the past few years. Thousands of families find themselves in financial trouble due to drastic rate increases in adjustable rate or interest only mortgages. Most people failed to consider the possibility of the huge increases upon entering the agreements. Only now, they find themselves with mortgage payments that they cannot afford to pay. Often, foreclosure is the only option available to these struggling families. However, there is one important aspect of a foreclosure that people forget – the resulting tax liability.

Foreclosure is always the last resort for someone struggling to make mortgage payments. People usually think it will be the end of their problems. However, the IRS considers debt canceled through foreclosure to be part of a taxpayer’s income. The IRS feels that it is entitled to the appropriate income taxes on that money. It also has access to every taxpayer’s financial information so it can ensure the appropriate taxes are paid. And as most of the country already knows, the IRS is very aggressive in collecting taxes that they know are outstanding and feel they deserve.

Forecasts indicate that over 20% of the loans made sine 2005 to people with weak credit using interest only or sub prime loans will end in foreclosure. Typically, these loans require little or no down payment and begin with extremely low payments that quickly rise with rate adjustments. Due to paying so little toward the principal amount and the lowering value of homes across the nation, people are increasingly finding themselves upside down in debt with huge mortgage payments.

"The tax laws are far too complex for borrowers to understand," claims Kurt Eggert, a professor at Chapman University Law School. "There are distinctions between selling a house for less than the loan amount and losing the house in foreclosure. It is crucial to get expert tax advice to sort through the bewildering complications. The whole concept can be counterintuitive – your home has declined in value and you lose it. Then the IRS says you owe tens of thousands in taxes because you got a windfall when the debt was forgiven."

Foreclosures are not the only way to end up with this type of tax liability though. The other is when a homeowner sells his or her house for less than the value of the mortgage and the bank will just forgive the difference. In those situations the homeowners is technically supposed to report that amount as income. This is known as a "1099 shortfall" which is an IRS policy that treats forgiven debts as income, even if a taxpayer has nothing to show for it.

So many people across the country are finding themselves in serious financial trouble. Lenders encouraged hundreds to refinance their houses for more than the home's fair-market-value. This was the case with Agnes Mouser. She is a 65-year-old widow who was hoping to pay off her credit card debt by taking out money with a refinance. "A real nice young man came out to see me," Mouser noted. "He could have been my grandson." The appraiser her bank sent out valued her mobile home at $43,500 in 2000 by using two new standard homes as benchmarks for calculating the value. The bank then agreed to let her borrow $34,730 against the value of her house. She paid the bank over $2,500 in closing costs and her loan carried an interest rate of nearly 15%.

When Mouser realized she could not meet her monthly payments in 2003, she contacted a lawyer who informed her that the county valued her home at less then half of what the bank had – only $19,970. Fortunately for Mouser, her bank forgave the difference. Unfortunately, the IRS did not. Soon thereafter, Mouser got a tax bill for over $10,000.

Thousands of taxpayers across the country are facing massive IRS tax liabilities with little chance of relief. With all the attention this issue is getting, Congress is finally beginning to consider legislation to help lower the burden on these people who are facing such huge financial problems. Senator Debbie Stabenow and Senator George Voinovich sponsored a bill to eliminate the federal rule that considers mortgage relief taxable income. The White House has already indicated support for Stabenow’s bill and President Bush claimed he hopes to include Stabenow’s ideas in his home ownership relief initiative. However, before a bill can go to the White House, Congress must approve it. Currently, no progress has been made on Stabenow’s bill, which has been sitting in Congress since May.

Sources:
http://www.lsj.com/apps/pbcs.dll/article?AID=/20070911/OPINION01/709110311/1085/opinion
http://jalopnik.com/cars/frankfurt-auto-show/frankfurt-auto-show-bmw-x6-activehybrid-concepts-298085.php
http://www.signonsandiego.com/uniontrib/20070821/news_1b21taxes.html

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