On Jan. 1 both the Senate and House passed H.R. 8 legislation to avert the “fiscal cliff.” The bill was signed into law by President Barack Obama on Jan. 2.
Below is a summary of real estate related provisions in the bill:
Under the agreement so called “Pease Limitations” that reduce the value of itemized deductions are permanently repealed for most taxpayers but will be reinstituted for high income filers. These limitations will only apply to individuals earning more than $250,000 and joint filers earning above $300,000. These thresholds have been increased and are indexed for inflation and will rise over time. Under the formula, the amount of adjusted gross income above the threshold is multiplied by three percent. That amount is then used to reduce the total value of the filer’s itemized deductions. The total amount of reduction cannot exceed 80 percent of the filer’s itemized deductions.
These limits were first enacted in 1990 (named for the Ohio Congressman Don Pease who came up with the idea) and continued throughout the Clinton years. They were gradually phased out as a result of the 2001 tax cuts and were completely eliminated in 2010-2012. Had we gone over the fiscal cliff, Pease limitations would have been reinstituted on all filers starting at $174,450 of adjusted gross income.
Capital Gains rate stays at 15 percent for those in the top rate of $400,000 (individual) and $450,000 (joint) return. After that, any gains above those amounts will be taxed at 20 percent. The $250,000/$500,000 exclusion for sale of principal residence remains in place.
The first $5 million dollars in individual estates and $10 million for family estates are now exempted from the estate tax. After that the rate will be 40 percent, up from 35 percent. The exemption amounts are indexed for inflation.
As of Jan. 1, property managers and landlords in California are required to disclose in writing to any prospective tenants if a notice of default has been recorded against the property. The law applies to rentals of single-family homes and apartment buildings of no more than four units.
The disclosure also includes a notice that if a new owner takes ownership of a property following foreclosure, the owner will not be able to evict the tenants for at least 90 days written eviction notices in many cases.
Supporters of the new bill say that that such a disclosure is critical for tenants in making an informed decision about where to live. Opponents, however, argued that such disclosures could worsen the financial conditions of the landlord and even hasten foreclosure.
For landlords who violate the disclosure requirement, tenants may be able to void any lease and recover one month’s rent or twice the actual damages — whichever is greater. Tenants may also be able to recover all prepaid rent from the landlord if the landlord violates the disclosure requirement, according to the new law.
The California Association of REALTORS® is offering a new form (LID) for the new disclosure to its members.
Source: “In California Prospective Tenants Will Have To Be Told If The Property Is In Foreclosure,” Realty Times (Jan. 1, 2012)
August 2012 California Notice of Defaults were down 23.6 percent from the prior month, and down 49.1 percent compared to last year. In Arizona, Notice of Sales were down 16.1 percent from the prior month, and down 42.2 percent compared to last year. The decline in Foreclosure Starts is even more significant on an average daily basis, down 30.2 percent from the prior month in California with 23 business days in August vs. 21 business days in July.
Foreclosure Sales were up 23.7 percent in California on a month over month basis. On an average daily basis, the increase was up 12.9 percent from the prior month.
In Oregon, non judicial foreclosure activity almost came to a halt, with Foreclosure Starts down 80.6 percent from the prior month and down 93.9 percent compared to last year, most likely indicating a move to judicial foreclosures as discussed last month.
"We continue to see reports that there will be a wave of foreclosure sales after the election or at the start of the year,” stated Sean O'Toole, Founder & CEO of ForeclosureRadar. “The lack of Foreclosure Starts this month puts a nail in the coffin of this theory. There will be no wave of foreclosures for at least five months. The good news for investors and first-time buyers is that Foreclosure Sales have at least remained flat or slightly up, continuing to provide some opportunities in the meantime."
From Foreclosure Radar
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Many homeowners have been caught up in the “bad timing” of the mortgage crisis and eventual loss of property values. As the dust has settled and the economy is showing signs of improvement, the average San Diego Homeowner owns a home that is approximately worth 23% less than it was in 2008.
Regardless of how far underwater your current property is, if you have the income to support the payments of your current property and the payment of the house you are buying, you can qualify for the purchase of a new home. Or you can buy the new property as an Investment Home (non-owner – minimum 20% down payment) and use the rents to offset the mortgage payment.
If you want to use future rents from your departing residence to offset the mortgage payment, see the below guidelines for VA, FHA, and Conventional.
VA Purchase Financing is only loan program that will allow you to use market rents from your departing residence regardless of the equity position of the property.
FHA Purchase Financing will require evidence of a minimum of 25% equity in your departing property to use any rental income to qualify for your new home. If you’re current house is upside down and you need rents to qualify for your new home an FHA loan will not work for you.
Conventional Purchase Financing will require evidence of a minimum of 30% equity in your departing property to use any rental income to qualify for your new home. If you’re current house is upside down and you need rents to qualify for your new home an FHA loan will not work for you.
Give me a call anytime if you have questions or if I may be of help to you and your business. Have a great week!
Info from loan officer Craig Piland