Orangecrest Riverside California Real Estate Blog
Orangecrest Riverside California Real Estate Blog

Scott Chappell and Brian Bean
Wednesday, March 31, 2010

$18,000 in combined homebuyer tax credits
for a limited time

California Association of Realtors

Californians have a brief window of opportunity to receive up to $18,000 in combined federal and state homebuyer tax credits.

To take advantage of both tax credits, a first-time homebuyer must enter into a purchase contract for a principal residence before May 1 and close escrow between May 1 and June 30, inclusive. Buyers who are not first-time homebuyers may use the same timeframes to receive up to $16,500 in combined tax credits if they are long-time residents of their existing homes as permitted under federal law, and they purchase properties that have never been previously occupied as provided under California law.

Under the federal law slated to soon expire, a first-time homebuyer may receive up to $8,000 in tax credits, and a long-time resident may receive up to $6,500, for certain purchase contracts entered into by April 30 that close escrow by June 30. Additionally, under a newly enacted California law, a homebuyer may receive up to $10,000 in tax credits as a first-time homebuyer or buyer of a property that has never been occupied. The new California law applies to certain purchases that close escrow on or after May 1, 2010 (see Cal. Rev. & Tax Code section 17059.1(a)(4)).

California law generally allows buyers of never-occupied properties to reserve their credits before closing escrow, but buyers seeking to combine the federal and state tax credits will not be able to satisfy the timing requirements for such reservations (see Cal. Rev. & Tax Code section 17059.1(c)(1)(A)). Other terms and restrictions apply to both tax credits.

For more information, C.A.R. offers a Homebuyer Tax Credit Chart with a side-by-side summary of the federal and California laws. CAR also offers a legal article entitled Homebuyer Tax Credit Update.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 12:00 PM

Monday, March 29, 2010

Don't foreclose! Do a short sale

CNNMoney.com

NEW YORK -- Short sales are the hottest thing going in the distressed-property market, and the trend is expected to get even hotter in coming weeks, when the government starts handing out cash to encourage lenders to close these deals.

"Banks have ramped up short-sale approvals," said Duane Legate of House Buyer Network, which connects short sellers with buyers. "They're hiring a lot of the people who once worked in the mortgage-lending industry and moved them over to short sales."

These transactions, where lenders allow homeowners to sell their houses for less than they owe, accounted for 17% of all residential real estate sales in February, up from nearly 13% in November, according to a monthly real estate market survey by Campbell/Inside Mortgage Finance.

And Bank of America (BAC, Fortune 500), the country's largest mortgage servicer, has more than doubled the number of short sales it processed in recent months.

Elizabeth Weintraub, a Sacramento-area real estate agent who handles many short sales, was amazed at how quickly a recent deal went through. "Bank of America approved it in 24 days," she said. "That flipped me out."

This is a huge change from even just six months ago when the short-sale market was stalled and most people would describe the process has real estate hell. Because lenders stand to lose so much on these transactions, they have been reluctant to make short sales happen, often waiting months before getting back to potential buyers.

Beware: You lost your house but still have to pay

"In the past, many short sales would never come to fruition and the ones that did averaged over half a year to complete," said Chris Saitta, CEO of Equator, which produces short sale software.

"Things would just fall into a black hole and not come out again," added Weintraub.

And even when banks did agree to the sale, the process could be further complicated if the original owner had a second mortgage.

In most cases, the first lender is repaid in full before any money flows to a second-lein holder. And because most distressed borrowers are severely underwater, there's usually nothing left to send on. As a result, second-lein holders are left holding the bag and have been killing many deals.

But that has been changing. For one thing, banks realize that they make out far better financially with a short sale than a foreclosure. "The lenders lose 50% on a foreclosure and only 30% on a short sale," said Glenn Kelman, founder of the real estate Web site Redfin. "And short sales offer a way to get distressed properties off their books quickly."

And on April 5, lenders and mortgage investors will have even more incentives to offer troubled borrowers short sales instead of foreclosing.

Under the new Home Affordable Foreclosure Alternatives program, borrowers will earn a $3,000 "relocation incentive" and servicers will get $1,500 for handling a short sale.

The investors who actually own the mortgage notes will get $2,000 in exchange for sharing proceeds of the short sales with any second-lien holders. And, finally, those second lien holders will receive up to $6,000 for releasing their claims.

Lenders participating in the program must also determine the market values of properties early on and inform the owners of just what price they're willing to accept. Then, if owners come back to the lenders with bonafide offers, they have to be accepted within 10 days.

Equator's Saiita anticipates a short sale explosion in response to the new program. "The challenge will be handling all the volume," he said.

The company has already tweaked its software, which 58 servicers use, to handle the new HAFA rules. And that should help reduce the time it takes to execute a sale, which currently averages 88 days.

The boom in short sales may accelerate the end to the foreclosure crisis by cleaning out the overhang of borrowers in distress and replacing them with more stable homeowners.

Plus, these sales are better for distressed borrowers because their credit scores suffer less. Going through a foreclosure can knock 200 points off a FICO score, twice as much as the penalty for a short sale

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 5:22 PM

Thursday, March 25, 2010

Schwarzenegger signs California tax credit

California Association of Realtors

Gov. Arnold Schwarzenegger on Thursday signed Assembly Bill 183, the Homebuyer Tax Credit legislation, into law.


AB 183 will provide $200 million for home buyer tax credits, allocating $100 million for qualified first-time home buyers of existing homes and $100 million for purchasers of new, or previously unoccupied, homes. The eligible taxpayer who purchases a qualified personal residence on and after May 1, 2010, and on or before Dec. 31, 2010, or who purchases a qualified principal residence on and after Dec. 31, 2010, and before Aug. 1, 2011, pursuant to an enforceable contract executed on or before Dec. 31, 2010, will be able to take the allowed tax credit. The credit is equal to the lesser of 5 percent of the purchase price or $10,000, in equal installments over three consecutive years. Under AB 183, purchasers will be required to live in the home for at least two years or forfeit the credit (i.e., repay it to the state).

The positive impact of the federal home buyer tax credit is clear. Nearly 40 percent of first-time home buyers said they would not have purchased a home if the federal tax credit for first-time home buyers was not offered, according to C.A.R. research conducted last year. The state’s previous home buyer tax credit program was so successful that it ran out of tax credits by the end of June 2009, eight months before it was set to expire and just as housing markets appeared to be turning a corner. Unlike last year’s legislation, AB 183 adds a tax credit for the purchase of an existing home by a first-time home buyer. Steve Goddard, CAR president, said AB 183 will significantly contribute to the effort to stimulate job creation within California's housing market by helping to incentivize first-time home buyers to purchase homes that have been abandoned, foreclosed upon and returned to the lender, or have been sitting on the market for extended periods of time. These homes require substantial rehabilitation, which will in turn generates a tremendous increase in jobs and accessory purchases connected to home improvement activities.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 9:40 PM

Wednesday, March 24, 2010

Short Sales: Undisclosed payments may be illegal

As the number of short sales continues to increase, we're seeing more and more instances of creative methods to close complex and difficult transactions. Dealing with two, three, four or sometimes more lienholders who must sign off on the terms of a deal can be daunting. Those challenges sometimes prompt under-the-table payments to make a deal happen.

But agents, buyers and sellers beware: Undisclosed payments in short-sale transactions, especially those paid outside of escrow, may violate the law, including RESPA, laws against loan fraud, and licensing laws. Concealing from a federally insured senior lender that a payment was made to the seller’s junior lender may constitute loan fraud, which is a crime punishable by 30 years of imprisonment and a $1 million fine. Depending on the specific circumstances, carrying out these payment requests also may violate other laws and regulations.

Agent participation could result in fines, prison and license revocation. Home sellers and buyers who participate could also face fines and prison.

The key word here is DISCLOSURE. It's not illegal for the buyer or any other party in the transaction to send extra funds to pay off a lienholder, as long as everyone knows about it.

Most home sellers and buyers have no idea what's legal or illegal when it comes to short sales. Sadly, many agents do not know either. But if any term of a deal goes undisclosed, you can bet there's a reason -- and one of the other parties won't like it. If you get caught doing it, you won't like it either.

Trust your gut. Err on the side of disclosure to stay ethical, moral and legal.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 2:48 PM

Governor expected to sign California
home buyer tax credit bill

CAR Newsline

The California legislature on Monday passed AB 183, providing $200 million for home buyer tax credits. The Governor is expected to sign the bill into law this week. C.A.R. supported this important legislation since its inception. Part of a package of four bills passed at the request of the Governor, AB 183 is designed to help stimulate the economy and create jobs. It allocates $100 million for qualified first-time home buyers who purchase existing homes and $100 million for purchasers of new, or previously unoccupied, homes.

The eligible taxpayer who closes escrow on a qualified principal residence between May 1, 2010, and Dec., 31, 2010, or who closes escrow on a qualified principal residence on and after Dec. 31, 2010, and before Aug. 1, 2011, pursuant to an enforceable contract executed on or before Dec. 31, 2010, will be able to take the allowed tax credit.

This credit is equal to the lesser of 5 percent of the purchase price or $10,000, taken in equal installments over three consecutive years. Under AB 183 purchasers will be required to live in the home as their principal residence for at least two years or forfeit the credit (i.e. repay it to the state).

For more information on the law, click here.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

# posted by Scott Chappell and Brian Bean @ 2:40 PM

Monday, March 22, 2010

Short-Sale Incentives Start April 5

Daily Real Estate News

Potential buyers of short-sale homes may have heard that it will be easier to get a short-sale offer accepted after April 5. Before deciding to wait to make your offer, check with a seasoned Certified Short Sale Specialist familiar with your area.

On April 5, the federal government begins offering lenders financial incentives to hasten the short-sale process. According to the new rules, dubbed the Home Affordable Foreclosure Alternatives (HAFA), banks will seek a Broker Price Opinion before the property is listed for sale and let the sellers know a minimum number they are willing to accept. Theoretically, if the sellers bring a buyer with a good offer, the lender must accept it within 10 days.

However, in California, it's not quite that easy. The banks have to abide by several conditions, including a maximum amount of $3,000 going to the bank on a 2nd TD. If that lienholder balks at $3,000, the HAFA program doesn't apply.

In addition, not all sellers are eligible for the program, but the key decision point rests with whether the banks involved are willing to participate within the tight guidelines.

If you are concerned about the value of your home, the options you may have or are looking to buy a short sale, contact Brian Bean, a Certified Short Sale Specialist for California, 951-314-5402, shortsales@BigDreamInc.com.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 11:52 AM

Thursday, March 18, 2010

Nabbing a bargain-basement mortgage before rates rise

The Wall Street Journal

The Federal Reserve has been purchasing mortgage-backed securities guaranteed by Fannie Mae and Freddie Mac since early last year. The purchase program has helped maintain low interest rates for borrowers. As planned, the Fed this week announced it will stop purchasing these securities at the end of this month. Many analysts anticipate this will result in a slight rise in rates by year’s end.

MAKING SENSE OF THE STORY FOR CONSUMERS
  • Interest rates have hovered at or near historic lows for much of the past 18 months, resulting in lower payments for many borrowers. With the Fed discontinuing its purchase program, some analysts believe a rise in interest rates could range from 0.25 percent to as much as 1 percent by the end of 2010.
  • The federal tax credit for home buyers also is scheduled to end April 30. The tax credit combined with the expectation interest rates will increase has created a sense of urgency for many home buyers. In fact, 23 percent of California home buyers purchased a home in 2009 due to the perception that interest rates will rise and they would be priced out of the market, according to C.A.R.’s 2009 Survey of California Home Buyers.
  • Rising interest rates will have an effect on home buyers. For example, a qualified couple with a combined pretax income of $100,000 per year and debt obligations (excluding mortgage) of $500 who receive a mortgage rate of 5 percent could qualify for a loan of up to $590,000, assuming a 20 percent down payment. If the interest rate were to rise to 6 percent, as analysts at Barclays Capital predict, the same couple could only qualify for a mortgage of $540,000.
To read the full story, please click here.

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

# posted by Scott Chappell and Brian Bean @ 6:16 PM

Wells Fargo Will Modify Second Mortgages

Daily Real Estate News

Wells Fargo & Co. has joined Bank of America Corp. as the first two banks to sign onto the federal government’s program to modify second mortgages.

Under the government’s plan, borrowers who have been extended loan modifications on first mortgages can now apply to reduce their second mortgages.

Analysts say banks have been reluctant to adopt this part of the government’s loan modification program because they continue to hold most second mortgages and forgiving them will be costly.

Source: The Associated Press (03/17/2010)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 10:31 AM

Tuesday, March 16, 2010

Brian Bean Earns Coveted Five-Star
Short Sale Specialist Designation

Real Estate Industry News

California Real Estate Broker Brian Bean this month earned the coveted Five Star Institute Short Sale Specialist designation and is now one of just a few hundred agents nationwide and only a handful in California to complete the training program.

Bean, who focuses on helping homeowners in Southern California navigate through the complexities of foreclosures and short sales, chose the Five Star Institute because of its superior training program and cutting-edge efforts to standardize the process.

"Five Star is definitely leading the way to ease the burdens of people at risk of losing their homes," he said. "It's about having compassion and empathy for people who find themselves in unwinnable situations, and helping them and the banks find a way to win."

Five Star's rigorous training program prepares professionals who learn the ins and outs of the Short Sale Specialty to:
  • Understand when a short sale is the best option for a homeowner
  • Follow a standardized process to effiiciently help homeowners get out from under crushing debt
  • Develop a superior short sale package and
  • Discern what is and is not a hardship
  • Negotiate with lenders for a solution that benefits all parties
  • Comply with Home Affordable Foreclosure Alternative (HAFA) rules
  • Limit the risk that has in the past been overlooked by some agents
About 600 real estate professionals from around the United States attended the Five Star Institute Short Sale Summit March 10-13 at The M Resort in Las Vegas.

A Five Star designation is becoming one of the most well-known and recognized in the real estate industry, awarded to agents and brokers who commit to education and professional development.

Bean can be reached through his Riverside, Calif.,-based brokerage at 951-354-1313 or directly at 951-314-5402; Brian@BigDreamInc.com.

Brian Bean
Real Estate Broker
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 6:21 PM

Monday, March 08, 2010

Federal Program to Encourage Short Sales

Daily Real Estate News

Beginning April 5, the Obama administration will encourage delinquent borrowers to avoid foreclosure and instead give up their homes in short sales by streamlining the process.

The program will offer a cash payment to the homeowner, as well as to the servicer and second-lien holder; and protect borrowers from future lender lawsuits for the unpaid mortgage balance.

To curtail fraud, lenders will have to consult real estate practitioners to assess home value and minimum acceptable offer; they then must accept any offer that is equal to or higher than that.

Source: The New York Times, David Streitfeld (03/08/10)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 10:38 AM

Friday, March 05, 2010

30-Year Rates Dip Back Below 5 Percent

Daily Real Estate News

Freddie Mac documented a decline in mortgage rates during the week ended March 4, with 30-year fixed home loans slipping to 4.97 percent from 5.05 percent and 15-year interest averaging 4.33 percent.

Also, the Mortgage Bankers Association reported that its index of home loan applications jumped 15 percent during the week ended Feb. 26. Refinancing activity was up 17 percent, and purchase demand rose 9 percent.

Source: Kansas City Star (03/05/10)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 1:40 PM

Foreclosed Borrowers May Get Loans Again

Daily Real Estate News

Will people who currently face foreclosure or short sales or who walk away from their underwater properties ever be able to get financing to buy another home down the road?

Banks haven’t been very forthcoming on this issue. However, knowledgeable observers of the situation say that while it may take some time, the situation will right itself for most people.

Because bankrupt borrowers have eliminated their debts, they should "constitute attractive fodder for mortgage lenders," says University of Michigan law professor John Pottow, whose specialty is bankruptcy.

As home prices and the mortgage market stabilize, lenders will be motivated to lend to people who previously had financial troubles if they look like they can pay the next time around, says Alan Riegler, a consultant with CCG Catalyst, which advises banks.

"The lender who figures out how to do more of this case-by-case stuff cost-effectively is going to end up ahead of the pack," Riegler says.

Source: Inman News, Matt Carter (03/05/2010)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 1:37 PM

Thursday, March 04, 2010

Home Prices Decline 1.2% -- Smallest Drop in 2 Years

By Kathleen M. Howley
Bloomberg.com

U.S. home prices fell 1.2 percent in the fourth quarter from a year earlier, the smallest loss in two years, as a federal tax credit for homebuyers boosted demand.

Prices were down 0.1 percent from the third quarter, the Federal Housing Finance Agency said today in a report. The year-over-year drop was the smallest since a 1.1 percent decline in 2007’s fourth quarter, the Washington-based agency said.

Government stimulus programs including the homebuyer tax credit and a Federal Reserve program to buy mortgage-backed bonds lifted the real estate market in the closing months of 2009. A sustained recovery in housing faces hurdles that include mounting foreclosures and a weak labor market, said Thomas Lawler, a former economist with Fannie Mae who now is an independent housing consultant in Leesburg, Virginia.

“The government programs have helped to stabilize housing, but the market is still unbelievably fragile,” Lawler said in an interview. “Nobody knows what’s going to happen to all those properties in the foreclosure process.”

Prices in December slipped 1.5 percent from a year earlier. Prices rose 0.7 percent in the region that includes California, and 0.3 percent in the area of the country that includes Texas. Prices in New York, New Jersey and Pennsylvania fell 0.4 percent, while New England states had a 1 percent decline.

Credit Extension

Sales of existing homes jumped 14 percent in the fourth quarter to an annual rate of 6.03 million from 5.29 million in the previous three months, the National Association of Realtors said in a Feb. 11 report. The inventory of homes on the market dropped to 3.29 million in December, the lowest level in more than three years, according to the Chicago-based trade group.

President Barack Obama in early November extended the tax credit beyond its original Nov. 30 deadline. The new version keeps the $8,000 first-time homebuyer benefit and makes a smaller credit available to some move-up buyers. To qualify, buyers must have a signed contract on a property by the end of April and purchase it before July 1.

The Fed began buying $1.25 trillion of bonds backed by home loans last year in an effort to drive down fixed mortgage rates. The rate dropped to an all-time low of 4.71 percent during the first week of December, according to McLean, Virginia-based Freddie Mac. The program ends next month.

The U.S. economy grew at a 5.7 percent annual pace in the fourth quarter, the fastest in six years. Industrial production rose 0.9 percent in January as factories churned out more consumer goods and equipment, according to Fed data. The increase followed a 0.7 percent gain the prior month.

Jobs: ‘Quite Weak’

The jobless rate fell to 9.7 percent in January after reaching a 26-year high of 10.1 percent in October, according to the Bureau of Labor Statistics. It probably will average 9.8 percent in 2010, according to the median estimate of 66 economists surveyed by Bloomberg. That would be the highest yearly rate in government records dating to 1948.

“The job market remains quite weak,” Federal Reserve Chairman Ben Bernanke said in Congressional testimony yesterday. More than 40 percent of the unemployed have been out of work for more than six months, double the year-earlier share, he said.

Today’s report from the FHFA measures values using repeat data on individual properties without providing specific prices. The U.S. median home price was $172,900 in the fourth quarter, according to the National Association of Realtors.


Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 4:03 PM

Wednesday, March 03, 2010

It's Getting Easier to Get a Jumbo Loan

Daily Real Estate News

The jumbo loan market is starting to thaw, making it easier for move-up buyers to borrow.

Rates on jumbo loans of more than $729,750 in highest-priced markets rose during the financial crisis and lending standards tightened to the point where borrowers couldn’t refinance or get a new loan.

In the last couple of weeks, the average interest rate on a 30-year fixed-rate jumbo fell to 5.79 percent, a five-year low, according to rate tracker Informa Research Services. Rates are even lower on hybrid adjustables.

The availability of these loans suggests that banks are feeling more confident since Fannie Mae, Freddie Mac, and the Federal Housing Administration do not insure them.

Source: Los Angeles Times, E. Scott Reckard (02/28/2010)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

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# posted by Scott Chappell and Brian Bean @ 10:49 AM

Monday, March 01, 2010

Reduction of Mortgage Tax Breaks Unlikely

Daily Real Estate News

So far, Congress is ignoring President Barack Obama’s budget proposal to reduce deductions for mortgage interest and real-estate taxes.

The president proposed that taxpayers would save 28 cents of tax liability for every $1 of mortgage interest or taxes, down from the current 35 cents.

Congressional representatives on both sides of the aisle have concerns about how the idea would impact the housing market, says Matthew Beck, a spokesman for the Democratic majority on the House Ways and Means Committee.

The Joint Committee on Taxation says the current mortgage-related tax deductions will reduce tax revenue by $104 billion this year, with 75 percent of the benefit going to people who earn more than $100,000 per year.

Source: The Wall Street Journal, James R. Hagerty (03/01/2010)

Scott Chappell and Brian Bean
Real Estate Brokers
http://www.scott-brian.com/
http://www.orangecrestriversidehomes.com/

# posted by Scott Chappell and Brian Bean @ 12:20 PM


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