Recovering from a Short Sale

Borrowers who owe more money than their homes are worth sometimes can get out from under by negotiating a short sale with their lender. A short sale is when a lender agrees to accept less than is owed on a property and in result, the borrower can walk away and avoid foreclosure. Yet, short-sellers are branded as high-risk borrowers, so new loans will not come quickly or easily. Fannie Mae, the federally controlled mortgage investor, sets a minimum amount of time that must elapse before a short-seller is eligible for another loan. For example, for those who can only put down 10 percent on their next home, Fannie Mae requires a four-year waiting period. Yet, borrowers who can put down 20 percent of their next home, the waiting period is shortened to two years. This waiting period is a penalty on borrowers who did not fully repay a previous loan and even if you could put 30 or 40 percent down, you would still have a two-year borrowing period. Short-sellers who are getting back into the housing market should keep detailed records of their income sources and should avoid loans which require very little money or no money down.

A Fix for the Mortgage Market?

The Senate Banking Committee is set to vote on a bipartisan bill, which aims to rejuvenate the housing market while guarding against the excesses of the past. This bill has been named the Housing Finance Reform and Taxpayer Protection Act of 2014, with the goal to ensure broad and steady access to sustainable and affordable mortgages by providing an explicit government guarantee to attract investment in 30-year fixed-rate mortgages and other loans. In addition, this bill includes a new financing provision, a fee on government-guaranteed securities, to generate money for affordable housing. Essentially, this bill would end Fannie Mae and Freddie Mac—federally backed mortgage companies with implicit government guarantees and confusing ownership status—but would continue vital federal support for mortgages though the Federal Mortgage Insurance Corporation. Overall, this bill hopes to ensure that mortgage loans are broadly available, while giving taxpayers a housing market that serves the long-term interests of families and the broader economy. Yet, this bill is overly complex and is subject to being misinterpreted and falling short, especially on the subject of fostering affordable mortgages.

Fallout from Refinancing

Homeowners who refinanced when fixed mortgage rates dropped below 4 percent are less inclined to put their homes on the market as interest rates increase. As a result, the limited property supply already impending sales in many markets may not ease anytime soon. A recent survey by Redfin showed that even recipients of low-refinance rates who decided that they want to move may want to make money by renting out their own homes while waiting for prices to rise, rather than selling right away. Most borrowers cannot afford to buy another home without using equity from their first down payment. Yet, those who take advantage of low refinance rates tend to be “premium consumers” with very good credit and stable income. Before these people decide to rent out their homes, they may want to consider a few other factors. For example, managing a rental property is a very large effort. In addition, there is a greater financial risk for those who own two homes in the same market if home prices take a dive. Lastly, the reasons for renting a home always change.

Contact Our Office

We provide a free initial consultation to anyone with concerns about foreclosure or who is involved in foreclosure proceedings. To schedule an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

RELIEF FOR SOME HOMEOWNERS – BUT THEN A TAX BILL?

The big banks will be able to write-off the billions of dollars in debt relief they agreed to give to homeowners, but for the homeowners that received that help, the debt relief is treated as taxable income, which can result in large tax bills. There had been a tax exemption for mortgage debt forgiveness, but Congress let this expire on December 31, 2013. While Congress often allows tax breaks to expire, only to reinstate them later, the mortgage debt relief exemption has not yet occurred. This could partly be because there is a movement in Congress to broadly overhaul the entire tax code, and in an election year, this year was considered “small” relative to other tax matters that affect the nation as a whole.

The tax exemption helped homeowners who are underwater in their mortgage – that is, those who owe more on their mortgage than their home is worth (approximately 6.4 million households nationwide). Put in real terms, this means that if you owe $250,000 on your mortgage, and your bank lets you sell it by way of a short sale for $150,000, then the $100,000 difference is treated as taxable income. This would lead to an approximately $28,000 tax bill because of the typical tax laws in which if someone lends you money and then later says you do not have to pay it back, the IRS counts the amount forgiven as income (except in cases of bankruptcy or insolvency). Nationwide, approximately 100,000 people used the mortgage debt relief exemption in 2011. In 2013, however, that number will be much greater, simply because there were approximately 250,000 short sales, yielding an average debt reduction of approximately $37,000. A homeowner in the 25% tax bracket would then face an extra $9,250 tax bill.

What remains to be seen is if Congress recognizes the unfairness of giving the banks a welcome form of tax relief, while piling even more debt upon the innocent homeowner.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Our Services

img

Our Latest News Posts

Firm Newsletter: April 2019

Click here to download a printable pdf of this newsletter. Supreme Court Victory Leads to Arbitration Award It certainly seemed like a long-time coming, but our firm was successful in taking our client’s case all the way to the Pennsylvania … [Read More...]

Diagnosing Traumatic Brain Injuries

Nearly 50,000 patients die annually from traumatic brain injuries. Now a new study led by the University of Pennsylvania reveals that tiny blood vessels in the brain can offer clues to better treatment, according to an article from UPI’s Health … [Read More...]