Foreclosures are endangering people’s health!

Many homeowners in financial distress are now numb to all the talk about saving their credit or saving face by walking away from their homes, but there’s another twist to all this…Foreclosures are endangering people’s health!

That’s right, “sell or get sick”. A recent study in Philadelphia showed foreclosure stress leading to 41.3% of those in foreclosure having high blood pressure, a number approaching 10% for those suffering strokes of related issues like heart attacks and kidney disease rising 2.2% for those fearing losing their homes on top of diabetes issues and depression in general.

This financial downturn is really taking a toll on people’s lives and their health. If you are experiencing too much stress from financial issues, it’s important to take care of yourself by exercising daily, eating healthy, not drinking too much, staying grounded through your faith, and keeping a network of family and friends who support you. It’s not easy, but you will get through this.

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You may owe federal income taxes in 2013 if you have a short sale

You may owe federal income taxes in 2013 if you have a short sale on your primary residence after this year. Now is the time to make the hard decision: Are you going to short sale your home this year?

Uncle Sam is still giving homeowners until Dec. 31, 2012, to go through a short sale on their primary residence 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  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 and 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.

Information provided by the Sun Sentinel (Fort Lauderdale, Fla.), Donna Gehrke-White. Distributed by McClatchy-Tribune News Service.

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Everything You Need to Know About Buying a Bank Owned Property

Buying a bank-owned property is a little different than buying an “arms length” type property. One of the major differences is that there is no emotion involved with the banks.It is strictly numbers, and rules. Most banks want the property sold and off their books in120 days or less.

Most bank owned properties are vacant so they are easy to look at, but many of them don’t have power so you need to make arrangements to get there during daylight hours. There is a coded lockbox  on the property, but this is for the banks and the property preservation companies to have access. You should contact a Realtor to set up a time to see the property and not try to go in on your own.

Most banks will not accept contingency contracts. If you have a property to sell to qualify for your finanacing, and it is not disclosed, the bank will consider this fraud and will cancel the contract and keep your deposit.

ALL bank owned properties are sold “as is” with all their faults. There may be some instances that the bank will do some repairs prior to closing, but it is rare. If work is to be done, then in most cases, it will be completed prior to marketing. There are no Sellers Property Disclosures. In most cases, the seller/bank has never seen the property or physically visited the property. The Buyer will have the right to inspect the property. The inspection time is usually 7-10 days from the date of the fully executed contract. Getting the signed contract back from the bank can take anywhere from 24 hours to 5-6 days.

Banks do not usually want to finance their bank-owned properties; however there are a couple of exceptions to this. BB & T now offers special financing on their bank-owned properties, and Wells Fargo and Bank of America require a pre-qualification from one of their lending officers to be submitted with the contract. The Buyer is not required to get their financing with either Wells Fargo or Bank of America, but they want the opportunity to offer the Buyer financing.

Most banks have their own special addendums. Some banks have a standard addendum that they want with the contract package and others negotiate the contract and then generate the addendum that are specific to the contract. THERE ARE NO CHANGES ALLOWED ON THE ADDENDUMS. If the Buyer wants to make changes, then they will not get the property.  It is important that you understand the addendum before signing it.

The Buyers are not to have access to the property prior to closing. This is a liability issue for both the Real Estate Agent and the Brokerage Office. Buyers are not to be in the property without their Real Estate Agent present. Under no circumstances should the Buyers be given lockbox codes to access the property at will.

Most Bank Owned Property closings are “dry” closings for the Real Estate Agent. The banks have their own title company that they retain to take care of the closings and these title companies are usually out of town. The good thing about this is that they pay the Buyers’ owners title insurance. The Buyer is responsible for the work fees and the mortgagee’s policy (if they are getting a mortgage). The title company sends a mobile notary to a designated location that is mutually agreed upon, and they are responsible for getting the closing documents and funds back to the title company. The commission checks for the Real Estate Agents are cut and and mailed once the title company receives all of the closing documents, and this usually takes anywhere from 2 days to a week.

If you want to purchase a foreclosure, it is helpful to understand how the process works. Bank owned properties can be a great buy, but you the Buyer, have to be willing to deal with any and all repairs and play by the bank’s rules to get that property.

Information provided courtesy of Cindy Crona-Hudson, Keller Williams Town & Country Realty

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Would You Like a Green Card with That Purchase?

Would you like a green card with that purchase?

Interesting article in this week’s New York Times which highlights a government program that grants “green cards” to foreign nationals who invest $500k or more in U.S. real estate development.  Despite some criticisms, the program is gaining momentum–funding almost a BILLION dollars of new develpments in New York City alone.

Affluent foreigners are rushing to take advantage of a federal immigration program that offers them the chance to obtain a green card in return for investing in construction projects in the United States. With credit tight, the program has unexpectedly turned into a mainstay for the financing of these projects in New York, California, Texas and other states.

The number of foreign applicants, each of whom must invest at least $500,000 in a project, has nearly quadrupled in the last two years, to more than 3,800 in the 2011 fiscal year, officials said. Demand has grown so fast that the Obama administration, which is championing the program, is seeking to streamline the application process…

It is certainly an interesting option for foreign buyers (and US developers).

Information provided courtesy of Institute of Luxury Home Marketing.         Teresa Turner, Certified Luxury Home Marketing Specialist, and Member of the Institute of Luxury Home Marketing.

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IRS Adjusts Amounts for Certain Deductions for 2012

The end of the year always brings about some last minute scrambling for tax deductions. In looking ahead, there are a few changes regarding tax deductions for next year.

By law, the dollar amounts for a variety of tax provi­sions affect­ing virtually every tax­payer must be revised each year to keep pace with inflation.

New dollar amounts affecting 2012 returns, filed by most taxpayers in early 2013, include the fol­lowing:

  • The value of each personal and dependent exemption available to most taxpayers, is $3,800.
  • The new standard deduction is $11,900 for married couples filing a joint return, $5,950 for singles and mar­ried indi­viduals filing sepa­rately, and $8,700 for heads of house­hold.
  • For tax year 2012, the maximum earned income tax credit (EITC) for low­ and moderate- income workers and working fam­ilies rises to $5,891. The maximum income lim­it for the EITC rises to $ 50,270.
  • The foreign earned income deduction rises to $ 95,100.
  • The modified adjusted gross income threshold at which the lifetime learn­ing credit begins to phase out is $104,000 for joint fil­ers, and $52,000 for singles and heads of household.
  • For 2012, annual deductible amounts for Medical Savings Accounts (MSAs) increased from the tax year 2011 amounts as shown  below…                             Medical Savings Accounts(MSAs) Self-only coverage Familycoverage Minimum annual deductible                                 $2,100                    $4,200 Maximum annual deductible                                $3,150                    $6,300 Maximum annual out-of-pocket expenses         $4,200                   $7,650
  • The $2,500 maximum deduction for interest paid on student loans begins to phase out for married tax­payers filing a joint return at $125,000 and phases out completely at $155,000.
  • For single taxpayers, the phase-out ranges remain at the 2011 levels.
  • For an estate of any decedent dying during cal­endar year 2012, the basic exclusion from estate tax amount is $5,120,000 for calendar year 2011. Also, if the executor chooses to use the special use valua­tion method for qualified real property, the aggre­gate decrease in the value of the property resulting from the choice cannot exceed $1,040,000.
  • The annual exclu­sion for gifts remains at $13,000.
  • Beginning Jan. 1, 2012, the standard mileage rates for the use of a car (also van, pickup or panel trucks will be 55.5 cents per mile for business miles driven, 23 cents per mile driv­en for medical or moving purposes, and 14 cents per mile driven in service of charitable organizations.
  • Finally, securities basis reporting now requires brokers to report the basis of “specified” security sales and the short- or long-term gain/loss. This is also effective for coop­erate stock sales and sales of stock in mutual funds or acquired in a dividend reinvestment plan. The IRS will use this informa­tion to expand individu­al and business matching programs and improve selection of examinations (audits).

Information provided by Bill Sittig CPA/PFS is a tax accountant and personal financial specialist. Contact him at billsittig@jscpaonline.com.

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