Distressed
Bill could help short sale sellers in 2013
WASHINGTON – April 2, 2012 – Under U.S. law, a homeowner with an underwater mortgage who goes through a short sale has part of his or her debt forgiven by a bank. The amount forgiven is legally considered income, as if the lender gave the owner a monetary gift by saying, “You no longer have to pay this.”
As a gift, that money is income and taxable by the IRS when the homeowner fills out his yearly income taxes. However, a temporary law effective through Dec. 31, 2012, nixes that amount as homeowner income, making the debt forgiveness tax-free. A short sale in 2012, then, allows a homeowner to walk away free of debt.
As it stands now, that rule expires next year, and underwater homeowners who go through a short sale could be taxed on the amount forgiven.
However, a bipartisan bill introduced late last week by U.S. Senators Debbie Stabenow (D-MI) and Dean Heller (R-NV) – the Mortgage Relief Act – would extend that rule past Dec. 31 if approved by both the House and Senate and signed by President Obama. Senators Robert Menendez (D-NJ), Sherrod Brown (D-OH) and Jeff Merkley (D-OR) cosponsored the legislation.
“It is bad enough that so many families are faced with mortgages that now exceed the value of their home,” says Stabenow. “But to add insult to injury, without this bill, the IRS would once again require these families to pay hundreds or thousands of dollars in additional income tax when they sell or refinance their home. That’s just wrong.”
Stabenow championed the original Mortgage Relief Act of 2007 designed to fix the problem that now expires at the end of 2012. Stabenow and Heller’s new bill will extend this tax protection for underwater homeowners through 2015.
Approximately, 20 to 25 percent of American homeowners are currently underwater on their mortgages.
© 2012 Florida Realtors®
HAFA Short Sale Update -from CDPE.com
Major news in the short sale and housing industry! On Friday, March 9, the Obama Administration announced updates to the Home Affordable Foreclosure Alternative (HAFA) program. Created in 2009, HAFA is a government-sponsored initiative assisting all Home Affordable Modification Program (HAMP) eligible homeowners in avoiding foreclosure through short sales and deed-in-lieus.
The HAFA updates will go into effect on June 1, 2012, and will allow more distressed homeowners to seek assistance. Most importantly, the deadline for submitting for HAFA eligibility will be extended a full year, from December 31, 2012, to December 31, 2013.
Other major changes from March’s updates to the HAFA program include:
- The removal of occupancy requirements. Previously, HAFA required homeowners to have lived in the property within the last 12 months.
- $3,000 relocation incentives will be limited to properties occupied by an owner or tenant at the time of the short sale.
- Mortgage payments will be allowed to exceed 31% of the homeowner’s gross monthly income. This update will allow a homeowner to stay current on her mortgage and still qualify, minimizing the overall impact to her credit.
- Secondary lienholders may receive up to a maximum of $8,500, up from $6,000 previously.
- And one of the most dramatic changes: The Credit Bureau Reporting will be Account Status Code 13 (paid or closed account/zero balance) or 65 (account paid in full/a foreclosure was started), as applicable.
With these updates, a homeowner can be current on their mortgage, qualify for HAFA, continue to make their payments, and execute a short sale with minimum impact on their credit!
You may owe federal income taxes in 2013 if you have a short sale, foreclosure
IMPORTANT ARTICLE!!!
WASHINGTON – Jan. 9, 2012 – You may owe federal income taxes in 2013 if you have a short sale, foreclosure after this year. Now is the time to make the hard decision: Are you going to walk away from your underwater home?
Uncle Sam is still giving homeowners until Dec. 31, 2012, to go through a short sale or foreclosure without tax consequences – as long as the lender officially releases the debt.
But on Jan. 1, 2013, the rules change: The amount a lender forgives, ether in a short sale or foreclosure, on a primary residence will be taxable on federal income taxes.
So if a house sold $50,000 short of what is owed on the mortgage, then the selling homeowners will owe federal income taxes on that $50,000. Homeowners would owe $12,500 if they’re in the 25 percent bracket; $7,500 if in the 15 percent tax section.
Homeowners would be on the hook even if the house sold but the bank had not formally forgiven the loan in a letter: The banks must officially sign off in writing before Dec. 31.
“It’s a huge issue – it will be a shock to many taxpayers after 2012,” said Mark Steber, the Florida-based chief tax officer for Jackson Hewitt Tax Service.
The law first came into affect five years ago as the housing market went bust nationwide.
The Mortgage Debt Relief Act of 2007 “generally allows taxpayers to exclude income from the discharge of debt on their principal residence,” according to the Internal Revenue Service. “Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.”
Up to $2 million of forgiven debt can be forgiven this year, $1 million if married and filing separately, according to the IRS.
Homeowners declaring bankruptcy could escape paying income taxes on any cancellation of debt income if the debt is forgiven in the bankruptcy even if the debtor is solvent, said Nick Jovanovich, a board-certified tax attorney in Fort Lauderdale, Fla.
“Bankruptcy trumps everything,” he said.
Or homeowners might not have to pay income taxes on any cancellation of debt income to the extent that they are insolvent immediately before the cancellation – that is, their debts exceed the value of their assets, Jovanovich added.
Steber and Jovanovich said homeowners should decide now what they are going to do – to give themselves time.
Short sales can take a long time, said Timothy Singer of Coldwell Banker in Fort Lauderdale.
He said he knows of one that had been pending for three years.
But lenders “have been gearing up” and speeding up the process, Singer added.
But even if banks quickly approve a short sale, the would-be buyer may get cold feet and the deal fall through, Singer said.
Then the sellers have to begin again, he said.
Copyright © 2012 the Sun Sentinel (Fort Lauderdale, Fla.), Donna Gehrke-White. Distributed by McClatchy-Tribune News Service.
Fannie Mae & Freddie Mac Announce an “Eviction Moratorium” for the Holidays
The holiday season should be a magical time of year. However, for a growing number of families, the usual holiday celebrations are trumped by financial troubles, foreclosure and the looming threat of eviction.
Fannie Mae and Freddie Mac offered some relief to such families by announcing an “Eviction Moratorium” through January 2, 2012. During this time, families living in foreclosed homes will not be forced to leave, though legal proceedings may continue as scheduled.
Undoubtedly, Fannie and Freddie’s efforts will prove comforting to homeowners who find themselves in this situation. However, the relief is short lived.
Remember, the “eviction moratorium” is only a short reprieve, so we urge you to continue reaching out to homeowners during the holiday season. Simply knowing that options exist can provide them with peace of mind. And during the holidays, a little peace of mind is an invaluable gift.
By CDPE.com
Foreclosures put workers’ security clearances at risk
ORLANDO, Fla. – June 7, 2011 – Foreclosure means more than losing a house and ruining a credit rating for a select group of Central Florida property owners who rely on federal security clearances for their livelihood.
“Losing your security clearance is like losing your most marketable aspect for employment,” said real estate broker Travis John, a local distressed-property specialist who already this year has worked with about a half-dozen sellers facing the loss of their security clearances if their banks foreclose on their properties.
Bank takeovers have particularly harsh consequences for employees of Lockheed Martin Corp., NASA and other federal contractors and agencies in Central Florida. Depending on how a foreclosure is handled, it can cost a wage earner his or her security clearance – and job. And it usually takes years for such people to obtain a new clearance so they can work again.
“There is a very good reason for them to be concerned,” said Virginia lawyer David P. Price, who specializes in security-clearance cases after serving 25 years in the U.S. Navy Judge Advocate General’s Corps.
Price said he has seen the number of financial-related security-clearance problems double in recent years. Though no reports have closely tracked security problems tied to mortgage defaults, federal officials have noted an increase in revocations and denials of security clearances for financial reasons, such as foreclosure.
Debt is one of more than a dozen potential pitfalls for someone with security clearances, along with problems such as criminal arrests and drug or alcohol use. They can prevent a prospective employee from gaining clearance, jeopardize the clearance of an existing employee or stand in the way of an employee seeking a higher-level clearance.
Personal finances come into play largely because of concerns that a contractor or employee could turn to selling confidential information to generate cash for unpaid bills, Price said.
Most employees with security clearances are required to report mortgage defaults and other financial and legal issues to their company’s or agency’s security officer. If they don’t volunteer the information relatively quickly, Price said, it can come back to haunt them during periodic reviews of their finances.
“If you fall behind on the house today, you don’t necessarily have to report today, but take action as soon as possible to mitigate any concerns the government may have,” he said.
Struggling homeowners are better able to keep their clearances if they can document that their mortgage was a sensible loan that didn’t overextend them at the time. They also need to demonstrate that they have taken reasonable and responsible steps to terminate the financial obligation – such as arranging a “short sale” of the property – and that they won’t be burdened with substantial debt once the process plays out.
“There are lending institutions that will write off debt on foreclosures, but the short sale is the better way to go,” Price said, though he cautioned that a short sale – selling a house for less than is owed on the loan – can take a long time, increasing the chances of a foreclosure.
John, the local broker, said his clients with security clearance have been able to sell their homes in short sales and walk away with little or no outstanding debt.
One of them, a 24-year Air Force veteran who spoke only on the condition of anonymity for fear of further damaging her clearance, said she and her husband live in Maryland but bought a vacant subdivision lot in Polk County several years ago with the intention of retiring there.
“It wasn’t necessarily that we couldn’t pay for it,” she said. The problem was that the developer gave them a deadline to start building a home, and by the time that date approached, the property had lost much of its value. Meanwhile, the couple’s Maryland house was “underwater,” meaning it was worth less than the mortgage on it.
“Basically, my livelihood was at stake, and I was looking at not taking care of my family and not making it to retirement,” said the woman, who has experience processing security clearances.
The couple worked with John to list the property as a short sale and continued making payments until they had a purchase offer. Expecting a sale, they stopped making payments, and their lender initiated foreclosure proceedings. At that point, the Air Force veteran said, she confided to John what was at stake if the bank took the property.
The land recently sold in a short sale, and the woman kept her clearance.
“I needed to take steps to prevent what could have happened,” she said during an interview last week. “I knew that nothing good could have come of it.”
According to a General Accounting Office report filed earlier this year, federal security officials have seen an increase in financial problems among workers with clearances, particularly problems with mortgages and foreclosures, though they did not report specific figures.
In Las Vegas, another U.S. metro area hard-hit by foreclosures, one survey found 740 airmen underwater with their mortgages. Two-hundred sixty-three reported they were unable to sell their homes, and 30 were in some stage of foreclosure.
The U.S. Defense Department’s Office of Hearings and Appeals is one of the few government agencies that report security-clearance revocations and denials. From January 2006 through June 2010, it reported considering about 70 security-clearance appeals involving foreclosures and other distress sales. Clearances were revoked or denied in 62 of those cases, according to one Washington lawyer.
Once a clearance is denied, the employee will lose his or her job, Price said, and must begin searching for a prospective employer that will sponsor that person for another security review.
“When your clearance is denied or revoked, it literally can be two years before you’re able to get clearance,” Price said – and that is under the best of circumstances.
Copyright © 2011, The Orlando Sentinel, Fla., Mary Shanklin; Knight Ridder/Tribune Business News. Distributed by McClatchy-Tribune Information Services.
The holiday season should be a magical time of year. However, for a growing number of families, the usual holiday celebrations are trumped by financial troubles, foreclosure and the looming threat of eviction.