Team Reba Real Estate

Over the past 10 years when the go-go markets of real estate were flying high and lots of people were jumping into the real property investment pool, not too many people worried about the consequences of losses.  It was an easy game where everyone was making what they thought was easy money - who cared if the property didn’t cash-flow for a few years, you’d just hold onto it for 2-3 years and then flip it for a much higher appreciated value.  Or, if you’d owned the property longer than since 2000 you could pull out equity and utilize it for more investment purchases, buying expensive personal toys like boats, flat-screen TV’s, and more.  Well, in mid-2007 those days came to an end.

What we’ve been seeing since then are a lot of investment properties (1-4 units, small multi-family, small and large commercial) coming on market that are in distressed condition, meaning, the owners are in default or they’ve lost so much money over time paying out to subsidize the monthly losses of negative cash-flow that the individual(s) is in their own financial distress having burned through their other assets to maintain this one.  In many cases the properties are coming back on market at prices below what the seller purchased them for so usually there is a short sale involved.  In these cases, if there is forgiven debt then there are typically tax consequences involved.  Some folks who are familiar with what are called tax deferred exchanges may wonder if perhaps using one of these programs might help avert the tax consequence of an investment short sale.

Read this link from OREXCO 1031 Exchange to get the info on whether or not foreclosures, deed-in-lieu, and/or short sales qualify.

The folks at Inman released the news that the House has approved an extension of the closing timeline for 1st time buyers and move-up buyers to get the tax credits offered for purchasing during the specified time limit.  However, we’re still waiting for final news that the Senate has also approved it. Keep your eyes and ears peeled for it, but in the meantime all of the escrow offices I know are working full-tilt to get as many contracts closed today as they humanely can do.

Some of the frustrations that home buyers have experienced are that a large amount of the sales going on today involve either bank owned or short sale transactions - both of which aren’t always following the deadlines put to them in real estate contracts.  With short sales taking, on average, around 6 months or more to close these types of transactions have really strangled the buyers who are trying to purchase them, if they were going for the tax credit.

At Team Reba we’ve seen the reality of the concerns that buyers have had with at least one listing having had a contract cancelled due to concerns that the buyer wouldn’t be able to close in time for the tax credit.  Now it’s too bad that they did so since the extension is likely here.  We also had another contract where we had to push hard on behalf of our buyer because the family was purchasing a bank owned home where the Trustee and the bank were slow to respond on every deadline and request for documentation, taking upwards of 3.5 months to close the deal. We just closed that transaction last week, much to the relief of our clients.

For the rest of you out there waiting to get your closing done today, you might cross your fingers, toes and legs and knock on wood - let’s hope the Senate gets moving on this bill.

The REALTOR.org site has links to stories that cover these items. For different types of Fannie Mae backed loans there are new underwriting guidelines to help mitigate risk on these loans which means that for the public they’ll be harder to get. Not impossible, but more documentation and stricter guidelines for qualify. 

Specifically, Adjustable Rate Mortgage (ARM) loans are addressed with regard to qualifying standards (ie, customers must qualify at the adjusted rate, not the teaser/start rate) and interest only loans (yes, they still exist)now require a minimum 720 FICO credit mid-score.

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City of Tacoma – Side Sewer Inspection Requirement
Effective July 1, 2010, Tacoma property owners are required to have a certified inspection of their private side sewers prior to the sale or transfer of a home or business, major remodel, or any construction over an existing side sewer.  More information about the requirement is available on City of Tacoma’s website.  NWMLS has created Form 22 TSA (Tacoma Sewer Addendum) that should be used for the sale of property with a side sewer in the City of Tacoma.get a aggrenox (asprin) this the and
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To support overall market stability and reinforce the importance of borrowers working with their servicers when they have difficulty repaying their debt, Fannie Mae is updating several policies regarding the future eligibility of borrowers to obtain a new mortgage loan after experiencing a preforeclosure event (preforeclosure sale, short sale, or deed-in-lieu of foreclosure). The “waiting period” – the amount of time that must elapse after the preforeclosure event – is changing and may be dependent on the LTV ratio for the transaction and whether extenuating circumstances contributed to the borrower’s financial hardship (for example, loss of employment). In addition, Fannie Mae is updating the requirements for determining that borrowers have re-established their credit after a significant derogatory credit event. 

Note: The terms “short sale” and “preforeclosure sale” are both referenced in this Announcement and have the same meaning - the sale of a property in lieu of a foreclosure, resulting in a payoff of less than the total amount owed, which waspre-approved by the servicer. 

Waiting Period After A Pre-Foreclosure Sale, Short Sale, or Deed-In-Lieu of Foreclosure

Fannie Mae is changing the required waiting period for a borrower to be eligible for a mortgage loan after a preforeclosure event. The waiting period commences on the completion date of the preforeclosure event, and may vary based on the maximum allowable LTV, CLTV, and HCLTV ratios (referred to herein as LTV ratios) and occupancy of the property. These new policies will be updated in the Selling Guide, B3-5.3-07, Derogatory Credit Information, and in B3-5.3-10, DU Credit Report Analysis. The following table describes the waiting period policy changes: 

Preforeclosure Event:

• Deed-in-Lieu of Foreclosure - current waiting period requirements - 4 years
• Preforeclosure Sale – current waiting period requirements - 2 years
• Short Sale - current waiting period requirements - No policy currently exists specific to  

New Waiting Period Requirements

• 2 years - 80 percent maximum LTV ratios
• 4 years - 90 percent maximum LTV ratios
• 7 years - LTV ratios per the Eligibility Matrix

(SALEM, Ore.) - First American CoreLogic estimates that the typical U.S. homeowner who is in a negative equity position will not experience positive equity until late 2015 to early 2016. In some depressed markets, the typical borrower in negative equity may not experience positive equity until 2020 or later. Read on http://www.salem-news.com/articles/march252010/home-equity.php

WR Urges Call to Action on Proposed Tax Increase
Please send a message immediately to State House members to stop taxes on real estate. The Senate’s budget increases the B&O .25% on real estate professionals, as well as shifts the real estate excise tax onto the buyer of a foreclosed home. The Senate’s budget passed the Senate and is now being considered in the House.

The message above was sent out to real estate agents who are members of the local multiple listing service along with a link to the site where we could send a message to our representatives.  For the general public, I realize that you may not care if real estate professionals are hit with a higher Business & Occupation (B&O) tax, but know that we have the highest rate of such a tax in this state. 

The more important issue to the home buying public is the shift of moving the excise tax payment burden from the seller to a buyer of a foreclosed home.  All this does is help lessen the costs of banks when selling their foreclosed inventory and it puts a higher cost burden on the buyers, who in many cases for first time buyers are just barely qualifying for the amounts that they’re purchasing in.  If excise tax, which runs 1.78% here, is now put on them as a closing cost fee, then that buyer ends up paying the tax twice because they’ll have to pay it again later when they sell the home at whatever that new value will be at that time.  Also, it will lessen the amount of home purchasing power that they’ll have, at least when it comes to buying bank owned homes because that will likely be part of the qualifying factors for the lender when they do their underwriting review.  If a buyer is qualified at $200k for a traditional purchase but now 1.78% ($3,560 in this case) must be considered, then a buyer may not be able to buy a $199k home because the excise tax payment requirement puts them just out of reach if they originally only needed $7,000 for down payment via FHA (3.5%), PMI payment of roughly the same amount (possibly wrapped into financing) still increasing cost of loan and impacting qualifying factors, and reducing what they might have in their “reserve” accounts which are also factored in for qualifying because most banks want 3-6 months worth of funds available at closing.

If you are in support of not having the excise tax payment shift made to buyers, please contact your State representative immediately!