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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Surge in Apartment Construction

A surge in apartment construction gave home builders more work in November. And permits, a gauge of future construction, rose largely because of a jump in apart­ment permits. Some analysts say the gains, though coming off extremely low levels, sug­gest the depressed housing industry may have reached a turning point.

Economists now say 2011 will be the first year since the Great Recession began in 2007 that home construction will have helped the economy grow. Before this year, the home building industry endured two of the worst years ever.

“Homebuilding is through the worst and is now steadily improving,” said Paul Diggle, a property economist at Capi­tal Economics.

Builders broke ground on a seasonally adjusted annu­al rate of 685,000 homes in November, a 9.3 percent jump from October, the government said Tuesday. It’s the highest level since April 2010.

Still, the rate is far below the 1.2 million homes that economists say would be built each year in a healthy housing market.

Construction of single ­family homes rose 2.3 per­cent in November to a sea­sonally adjusted annual rate of 447,000. Apartment con­struction jumped 32 percent to a rate of 238,000 units. Single-family homes account for about 70 percent of home­building.

For the year, work is expected to have begun on 430,000 single-family homes and 185,000 apartments. Those figures remain far below the roughly 840,000 single-family homes and 360,000 apartments that would be started in a healthy window.

Tuesday’s home construc­tion data, along with encour­aging economic news out of Germany and Spain, helped fuel a huge rally on Wall Street. The Dow Jones indus­trial average jumped more than 300 points, or 2.7 per­cent, by mid-afternoon.

Patrick Newport and Michelle Valverde, U.S. econ­omists at IHS Global Insight, said the better-than-expected figures show that the hous­ing industry is “finally get­ting off the mat.”

“It’ll keep getting better through next year,” said Jar­ed Franz, an associate econo­mist at T. Rowe Price.

Last year, builders began work on roughly 587,000 homes. That barely sur­passed the 554,000 homes started in 2009, the worst year ever.

Though new homes rep­resent just 20 percent of the overall home market, they have an outsize impact on the economy. Each home built creates an average of three jobs for a year and gener­ates about $90,000 in taxes, according to the National Association of Home Build­ers .

Renting has become a preferred option for many Americans who lost their jobs during the recession and were forced to leave their houses. The surge in apartments has provided a lift to the beleaguered hous­ing market but has not been enough to completely off­set the loss of single-fam­ily homes.

Over the past year, per­mits for apartment buildings with five or more units have surged more than 80 per­cent. Permits for single-fam­ily homes have risen much less: just 3.6 percent.

Demand for new homes is weak. Record-low mortgage rates and plunging home prices have done little to help.

The chief problem: Build­ers are struggling to com­pete with deeply discount­ed foreclosures and short sales.

Information provided by The Tallahassee Democrat

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Update! State of Florida’s Foreclosure Mediation Program Ends

This information was just released…

Florida’s statewide managed mediation pro­gram for residential mortgage foreclosures is finished. Florida Supreme Court Chief Justice Charles Canady signed an admin­istrative order on Mon­day, December 19th, 2011, terminating the 2-year old program. This follows a panel recommendation in October that Florida’s 20 judicial circuits should, instead, be allowed to set up local programs.

The Florida Supreme Court ordered the media­tion program last year. It was designed to help clear foreclosure cases that have clogged Flor­ida’s courts in recent years. Canady appointed the workgroup in Sep­tember to determine if the program was work­ing. However, Canady said reports suggest it didn’t work as well as hoped, and the courts could no longer justify the system.

The panel cited sev­eral problems, includ­ing economic incentives for lenders not to settle cases. According to some homeowners facing foreclosure, lenders did not take the process seriously.

Foreclosures already in the mediation process will continue on that path as they work their way through the system. New foreclosure cases, however, will not be referred to mediation.

Information provided by The Tallahassee Democrat and Florida Realtors®

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