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REVISED: Homebuyer incentives of stimulus plan

Here is an update from a previous post regarding the stimulus plan as it relates to the housing industry.  For individual questions, please send an email to me.  First-time homebuyers who purchase homes from the start of the year until the end of November 2009 may be eligible for the lower of an $8,000 or 10% of the value of the home tax credit. Remember a tax credit is very different than a tax deduction – a tax credit is equivalent to money in your hand, as opposed to a tax deduction which only reduces your taxable income.

The tax credit starts phasing out for couples with incomes above $150,000 and single filers with incomes above $75,000. Buyers will have to repay the credit if they sell their homes within three years.

Tax Credit Versus Tax Deduction

It’s important to remember that the $8,000 tax credit is just that… a tax credit. The benefit of a tax credit is that it’s a dollar-for-dollar tax reduction, rather than a reduction in a tax liability that would only save you $1,000 to $1,500 when all was said and done. So, if a homebuyer were to owe $8,000 in income taxes and would qualify for the $8,000 tax credit, they would owe nothing.

Better still, the tax credit is refundable, which means the homebuyer can receive a check for the credit if he or she has little income tax liability. For example, if a homebuyer is liable for $4,000 in income tax, he can offset that $4,000 with half of the tax credit… and still receive a check for the remaining $4,000!

Phaseout Examples

According to the plan, the tax credit starts phasing out for couples with incomes above $150,000 and single filers with incomes above $75,000.

To break down what this phaseout means to homebuyers who are over those amounts, the National Association of Homebuilders (NAHB) offers the following examples:

Example 1: Assume that a married couple has a modified adjusted gross income of $160,000. The applicable phaseout to qualify for the tax credit is $150,000, and the couple is $10,000 over this amount. Dividing $10,000 by $20,000 yields 0.5. When you subtract 0.5 from 1.0, the result is 0.5. To determine the amount of the partial first-time homebuyer tax credit that is available to this couple, multiply $8,000 by 0.5. The result is $4,000.

Example 2: Assume that an individual homebuyer has a modified adjusted gross income of $88,000. The buyer’s income exceeds $75,000 by $13,000. Dividing $13,000 by $20,000 yields 0.65. When you subtract 0.65 from 1.0, the result is 0.35. Multiplying $8,000 by 0.35 shows that the buyer is eligible for a partial tax credit of $2,800.

For those tracking the math in the examples above, you may be wondering where the “$20,000” came from—that is, why you divide “$10,000 by $20,000” in the first example and “$13,000 by $20,000” in the second example. Here’s where the $20,000 comes into play:

The tax credit amount is reduced for buyers with a modified adjusted gross income (MAGI) of more than $75,000 for single taxpayers and $150,000 for married taxpayers filing a joint return. The tax credit amount is reduced to zero for taxpayers with MAGI of more than $95,000 (single) or $170,000 (married) and is reduced proportionally for taxpayers with MAGIs between these amounts.

In other words:

• $170,000 – $150,000 = the $20,000 in the first example
• $95,000 – $75,000 = the $20,000 in the second example

Remember, these are general examples. You should always consult your tax advisor for information relating to your specific circumstances.

Homes that Qualify

The tax credit is applicable to any home that will be used as a principal residence. Based on that guideline, qualifying homes include single-family detached homes, as well as attached homes such as townhouses and condominiums. In addition, manufactured or homes and houseboats used for principal residence also qualify.

Higher Loan Amounts

More good news – there is an extension on the additional tier of conforming loan amounts which had been first established in 2008.  This tier of home loans are those greater than $417,000, and with a maximum that depends on the area, but is not greater than $729,750.  These loans will again be eligible for rates that are slightly higher than conforming loan rates, but less expensive than the standard “jumbo” loan rates.

Additional Housing-Related Provisions

Tax Incentives to Spur Energy Savings and Green Jobs — This provision is designed to help promote energy-efficient investments in homes by extending and expanding tax credits through 2010 for purchases such as new furnaces, energy-efficient windows and doors, or insulation.

Landmark Energy Savings — This provision provides $5 Billion for energy efficient improvements for more than one million modest-income homes through weatherization. According to some estimates, this can help modest-income families save an average of $350 a year on heating and air conditioning bills.

Repairing Public Housing and Making Key Energy Efficiency Retrofits To HUD-Assisted Housing—This provision provides a total of $6.3 Billion for increasing energy efficiency in federally supported housing programs.Specifically, it establishes a new program to upgrade HUD-sponsored low-income housing (for elderly, disabled, and Section 8) to increase energy efficiency, including new insulation, windows, and frames.

Expanding Housing Assistance—This provision increases support for several critical housing programs. It includes $2 Billion for the Neighborhood Stabilization Program to help communities purchase and rehabilitate foreclosed, vacant properties.

More Help for Homeowners in the Future
Another thing to keep an eye on in the coming weeks is President Obama’s plan to help struggling borrowers before they are faced with a default on their mortgage.

According to reports, the Obama administration is discussing plans to help borrowers who are struggling to stay afloat, but who have not yet fallen behind on their payments. At this point, details are scarce; however, reports indicate that President Obama is looking to spend approximately $50 Billion to directly help homeowners before they face foreclosure and financial disaster.

While this is good news for individual homeowners, it will likely be good for the housing industry as a whole. That’s because, assisting struggling borrowers before they default should help stop the wave of foreclosures, which are estimated to top two million this year. That, in turn, will help stabilize home prices.

The Economic Stimulus Plan is huge, and impacts a number of industries. I’ve highlighted some of the major provisions that may impact you now and in the future.

As always, if you have any questions or would like to discuss how this may specifically impact you, I’d be happy to sit down with you. Just call or email me to set up an appointment.

Home Preservation Policy

The Federal Reserve Board has issued its Homeownership Preservation Policy, which seeks to prevent foreclosures on certain residential mortgage assets held, owned, or controlled by a Federal Reserve Bank. Under the new policy, Federal Reserve Banks or their agents (collectively, Fed Banks) must proactively review their portfolio of residential mortgage loans that are in danger of foreclosure to determine whether loan modification is a viable option by assessing whether borrowers are:

At least 60 days delinquent on payments, or
In danger of becoming 60 days delinquent due to a decline in income, an interest rate reset, or other common trigger event.

Additionally, the modified loan must have an expected net present value greater than the net present value expected from the property's foreclosure. If a borrower meets these qualifications, the Fed Banks will offer that borrower a loan modification substantially similar to the type of modification offered through HUD's HOPE for Homeowner's program. If the borrower has both a senior mortgage and a subordinate mortgage on the same property, the Fed Banks will either seek to modify both mortgages or consolidate the loans into a single loan. For those borrowers who do not qualify for a modification under the policy, the Fed Banks may (i) offer the borrower a temporary repayment plan, or (ii) inform the borrower about additional federal assistance available. The new policy is effective immediately and has already been applied to assets in connection with JPMorgan Chase's acquisition of The Bear Stearns Companies Inc.

Home Preservation Policy - Click Here to downloand the complete policy.

Revised Tax Credit for Homebuyers

The National Association of Home Builders (NAHB) has applauded Senate passage of economic stimulus legislation that would help boost employment and tackle the housing and economic crisis head-on by expanding the home buyer tax credit.

"The enhanced $15,000 tax credit offers a powerful incentive for home buyers to get off the sidelines and represents the best opportunity for economic recovery," said NAHB Chairman Joe Robson, a home builder from Tulsa, Okla. "Congress must make sure that the full $15,000 tax credit remains in the final stimulus plan."

The bipartisan amendment to the stimulus package, offered by Sens. Johnny Isakson (R-Ga.) and Joe Lieberman (D-Conn.) and approved by unanimous voice vote, would create a $15,000 home buyer tax credit available to all purchasers of a principal residence for one year after its date of enactment. The tax credit would not have to be repaid and buyers could claim it against their 2008 and/or 2009 tax returns.

The $15,000 home buyer tax credit would replace and sunset a much narrower tax credit that was enacted last year. Available only to first-time home buyers, the current $7,500 tax credit works like an interest-free loan that must be repaid over a 15-year period. It is set to expire on July 1.

Extending and expanding the home buyer tax credit will spark the activity the economy needs to stop shedding jobs and begin creating them, said Robson.

"Increasing demand for housing will create jobs and help reduce excess inventory, stabilize home values, mitigate foreclosures, bolster consumer confidence and set the stage for a broader economic recovery," said Robson.

NAHB estimates that the $15,000 tax credit would boost home sales by almost 500,000, create more than 255,000 jobs, generate $12.3 billion in wages and salaries and increase federal, state and local tax revenue by $8.7 billion.

The Senate bill also includes several other provisions that will help small businesses and bolster the housing market. The legislation would:

• Increase bonus depreciation and Section 179 small business expensing;
• Allow a five-year carry back for net operating losses;
• Provide $2 billion in gap financing for the Low Income Housing Tax Credit (LIHTC) program and accelerate credit claims for LIHTC investors;
• Provide up to a 10-year deferral for income taxes arising due to cancelled or restructured business debt;
• Extend the New Markets Tax Credit; and
• Provide an Alternative Minimum Tax patch for 2009.

To lead the economy back to higher ground, Robson said that House and Senate conferees must ensure the $15,000 home buyer tax credit remains intact and is part of the final legislative package.

"The $15,000 housing tax credit has strong support on Main Street and will start working the day the bill is signed into law," he said. "It offers the best chance to revive housing and the U.S. economy."

2009 Forecast by Barry Habib

Barry Habib is CEO of the Mortgage Market Guide, an industry pioneer, and one of my professional mentors.  Please review his forecast this year, as you will find it insightful. - Kyle

Last year's forecast had anticipated some very odd happenings...but nothing to the extent of how the actual story unfolded, in what became a year of making history.

How did we do on our forecast last year?  Federal Reserve Chairman Ben Bernanke was confident that we were not heading into a recession and a down market . . . and we correctly disagreed. We saw Stocks heading lower . . . and they did, actually to a much larger extent than we had expected. But our one Stock selection for last year did quite well, more than doubling in a short period of time. We saw 2008 as being a year of high volatility . . . and that turned out to be an understatement.  We said the Fed would cut . . . but we were wrong as to the extent of those cuts, brought on by the financial crisis, also something we did not foresee.
We saw $4/gallon gasoline over the summer, and while many disagreed, our target price was correct.
We did well with our forecast for the Dollar and Gold prices, as well as how we anticipated the housing market to fare.

Most importantly, and for more than 11 months during 2008, our rate forecast was right on target, with the last few weeks seeing mortgage rates decline further than we had predicted at this time last year.

What next? As we enter 2009, here's what our crystal ball is showing us.

The economy will have a tough go once again during the coming year. But we do see things as being better than during 2008, with more optimism in the air by this time next year.

The Fed and the Treasury have and will continue to add lots of stimulus to our economy. It will just take some time for the "medicine" to work its way through the system. After hogging the spotlight with many different moves, we expect the Fed to be on hold with their interest rate policy throughout the majority of 2009. After all, there's no room to cut further, and we don't see a hike until economic conditions show signs of improvement. When a hike comes, we may all take it as a welcome sign that things are getting better.

The job market will get worse before it gets better, and don't be surprised to see the unemployment rate rise to 8% from its present 6.7% level before things start to improve.

We can safely predict, without much disagreement from anybody, that volatility will continue for Stocks, but we do see hints that there will be a significant first quarter rally. By the end of 2009, we forecast that Stock prices will see some handsome gains. This play on financials has a generous dividend yield, and stands to improve greatly should financials start to recover...and we think they will.

As I write this to you on 12/24, our stock picks for the year include UYG (Ultra Financials ProShares), which was trading around $5. This play on financials has a generous dividend yield, and stands to improve greatly should financials start to recover...and we think they will. We also liked VZ (Verizon), which currently is trading around $32, as strength in cell phone usage and an exploding fiber optics business see them standing to gain. Additionally, there is a juicy 6% dividend yield. One more we like is DIG (ProShares Ultra Oil and Gas), which was priced close to $25. Keep reading on our oil forecast to understand why we like this play.

As of mid-December, with oil around $36/barrel, we saw a great opportunity for the long term. Oil prices will rise over time, and have already started to climb, and patience will be greatly rewarded. The negative side effect from lower oil prices is that it has greatly diminished research and exploration into alternative energy sources, as well as investigating more costly extraction of fuel. For example, the oil-rich yet difficult to mine tar sands in Canada only make financial sense unless oil prices are over $70/barrel. And any other resources that are "boxed in" or require additional transportation costs may come offline at current oil prices. And once they are offline, there is a significant ramp up time to get them back. The irony in lower oil prices is that they may lead to much higher prices down the road.

Look for the Dollar to weaken a bit, but eventually strengthen as the US stabilizes while Europe declines a bit further.

On housing, we see 2009 as a period of price stabilization for most markets. One good gauge that home prices are stabilizing in your area is to figure a monthly payment with 20% down and compare that to rents for the same property. If it would actually be cheaper to purchase the home than to rent it - that's a good sign.

Home prices in some markets may still decline some during 2009, but those who make savvy purchases below market value should fare quite well, especially longer term. There's a lot of inventory on the market, which is viewed negatively, and needs to be sopped up before the housing market really turns. But...the inventory in the housing market does make this a fantastic time to be a buyer. Homebuyers will have a strong negotiating stance from the get-go, and are likely to make favorable deals, maybe even a once-in-lifetime deal. Those who buy a home and live in it for the long term will are likely to be rewarded handsomely. Let's face it, people need homes. They are not going to start living in tents just because the economy is bad. We predict that consumers will start buying again in the coming year, particularly with attractive home loan rates and many homes to choose from.

Mortgage Rate Forecast ...How low can they go?

Early 2009 could very well mark the lowest rates that we will see for the rest of our lives. Think about that. More importantly, your customers should be thinking about that too. We expect interest rates to stay in a range of 4.5 - 5.5%, with the potential to see rates moving toward the higher part of the range later in the year.

The forecast for the beginning of the year is important of course, but count on us at Mortgage Market Guide to keep informing and advising you throughout the coming year. With so many of your competitors having dropped away, opportunities abound for those who are willing to stay positive and work hard. The question is not who is going to let you be successful . . . it's who is going to stop you. During these volatile and historic times, we're proud to be with you on this journey, and appreciate each of you being part of our Mortgage Market Guide family.

Important Information on the First-Time Homebuyer Tax Credit

Frequently Asked Questions 
About the First-Time Home Buyer Tax Credit

Source:  National Association of Home Builders

The Housing and Economic Recovery Act of 2008 authorizes a $7,500 tax credit for qualified first-time home buyers purchasing homes on or after April 9, 2008 and before July 1, 2009. The following questions and answers provide basic information about the tax credit. If you have more specific questions, we strongly encourage you to consult a qualified tax advisor or legal professional about your unique situation.

1. Who is eligible to claim the $7,500 tax credit?
2. What is the definition of a first-time home buyer?
3. How do I claim the tax credit? Do I need to complete a form or application?
4. What types of homes will qualify for the tax credit?
5. Instead of buying a new home from a home builder, I have hired a contractor to construct a home on a lot that I already own. Do I still qualify for the tax credit?
6. What is "modified adjusted gross income"?
7. If my modified adjusted gross income (MAGI) is above the limit, do I qualify for any tax credit?
8. Can you give me an example of how the partial tax credit is determined?
9. Does the credit amount differ based on tax filing status?
10. Are there any circumstances for which buyers whose incomes are at or below the $75,000 limit for singles or the $150,000 limit for married taxpayers might not be able to claim the full $7,500 tax credit?
11. I heard that the tax credit is refundable. What does that mean?
12. What is the difference between a tax credit and a tax deduction?
13. Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond (MRB) program?
14. I live in the District of Columbia. Can I claim both the DC first-time home buyer credit and this new credit?
15. I am not a U.S. citizen. Can I claim the tax credit?
16. Does the credit have to be paid back to the government? If so, what are the payback provisions?
17. Why must the money be repaid?
18. Because the money must be repaid, isn’t the first-time home buyer program really a zero-interest loan rather than a traditional tax credit?
19. If I’m qualified for the tax credit and buy a home in 2009, can I apply the tax credit against my 2008 tax return?
20. For a home purchase in 2009, can I choose whether to treat the purchase as occurring in 2008 or 2009, depending on in which year my credit amount is the largest?
21. Is there any way for a home buyer to access the money allocable to the credit sooner than waiting to file their 2008 tax return?

1. Who is eligible to claim the $7,500 tax credit?
   First time home buyers purchasing any kind of home—new or resale—are eligible for the tax credit. To qualify for the tax credit, a home purchase must occur on or after April 9, 2008 and before July 1, 2009. For the purposes of the tax credit, the purchase date is the date when closing occurs.
   
   
2. What is the definition of a first-time home buyer?
   The law defines "first-time home buyer" as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse. For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first-time home buyer tax credit. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer.
   
   
3. How do I claim the tax credit? Do I need to complete a form or application?
   Participating in the tax credit program is easy. You claim the tax credit on your federal income tax return. No other applications or forms are required. No pre-approval is necessary; however, prospective home buyers will want to be sure they qualify for the credit under the income limits and first-time home buyer tests.
   
   
4. What types of homes will qualify for the tax credit?
   Any home purchased by an eligible first-time home buyer will qualify for the credit, provided that the home will be used as a principal residence and the buyer has not owned a home in the previous three years. This includes single-family detached homes, attached homes like townhouses and condominiums, manufactured homes (also known as mobile homes) and houseboats.
   
   
5. Instead of buying a new home from a home builder, I have hired a contractor to construct a home on a lot that I already own. Do I still qualify for the tax credit?
   Yes. For the purposes of the home buyer tax credit, a principal residence that is constructed by the home owner is treated by the tax code as having been "purchased" on the date the owner first occupies the house. In this situation, the date of first occupancy must be on or after April 9, 2008 and before July 1, 2009.
   
   In contrast, for newly-constructed homes bought from a home builder, eligibility for the tax credit is determined by the settlement date.
   
   
6. What is "modified adjusted gross income"?
   Modified adjusted gross income or MAGI is defined by the IRS. To find it, a taxpayer must first determine "adjusted gross income" or AGI. AGI is total income for a year minus certain deductions (known as "adjustments" or "above-the-line deductions"), but before itemized deductions from Schedule A or personal exemptions are subtracted. On Forms 1040 and 1040A, AGI is the last number on page 1 and first number on page 2 of the form. For Form 1040-EZ, AGI appears on line 4 (as of 2007). Note that AGI includes all forms of income including wages, salaries, interest income, dividends and capital gains.
   
   To determine modified adjusted gross income (MAGI), add to AGI certain amounts such as foreign income, foreign-housing deductions, student-loan deductions, IRA-contribution deductions and deductions for higher-education costs.
   
   
7. If my modified adjusted gross income (MAGI) is above the limit, do I qualify for any tax credit?
   Possibly. It depends on your income. Partial credits of less than $7,500 are available for some taxpayers whose MAGI exceeds the phaseout limits. The credit becomes totally unavailable for individual taxpayers with a modified adjusted gross income of more than $95,000 and for married taxpayers filing joint returns with an AGI of more than $170,000.
   
   
8. Can you give me an example of how the partial tax credit is determined?
   Just as an example, assume that a married couple has a modified adjusted gross income of $160,000. The applicable phaseout to qualify for the tax credit is $150,000, and the couple is $10,000 over this amount. Dividing $10,000 by $20,000 yields 0.5. When you subtract 0.5 from 1.0, the result is 0.5. To determine the amount of the partial first-time home buyer tax credit that is available to this couple, multiply $7,500 by 0.5. The result is $3,750.
   
   Here’s another example: assume that an individual home buyer has a modified adjusted gross income of $88,000. The buyer’s income exceeds $75,000 by $13,000. Dividing $13,000 by $20,000 yields 0.65. When you subtract 0.65 from 1.0, the result is 0.35. Multiplying $7,500 by 0.35 shows that the buyer is eligible for a partial tax credit of $2,625.
   
   Please remember that these examples are intended to provide a general idea of how the tax credit might be applied in different circumstances. You should always consult your tax advisor for information relating to your specific circumstances.
   
   
9. Does the credit amount differ based on tax filing status?
   No. The credit is in general equal to $7,500 for a qualified home purchase, whether the home buyer files taxes as a single or married taxpayer. However, if a household files their taxes as "married filing separately" (in effect, filing two returns), then the credit of $7,500 is claimed as a $3,750 credit on each of the two returns.
   
   
10. Are there any circumstances for which buyers whose incomes are at or below the $75,000 limit for singles or the $150,000 limit for married taxpayers might not be able to claim the full $7,500 tax credit?
    In general, the tax credit is equal to 10% of the qualified home purchase price, but the credit amount is capped or limited at $7,500. For most first-time home buyers, this means the credit will equal $7,500. For home buyers purchasing a home priced less than $75,000, the credit will equal 10% of the purchase price.
    
    
11. I heard that the tax credit is refundable. What does that mean?
    The fact that the credit is refundable means that the home buyer credit can be claimed even if the taxpayer has little or no federal income tax liability to offset. Typically this involves the government sending the taxpayer a check for a portion or even all of the amount of the refundable tax credit.
    
    For example, if a qualified home buyer expected, notwithstanding the tax credit, federal income tax liability of $5,000 and had tax withholding of $4,000 for the year, then without the tax credit the taxpayer would owe the IRS $1,000 on April 15th. Suppose now that taxpayer qualified for the $7,500 home buyer tax credit. As a result, the taxpayer would receive a check for $6,500 ($7,500 minus the $1,000 owed).
    
    
12. What is the difference between a tax credit and a tax deduction?
    A tax credit is a dollar-for-dollar reduction in what the taxpayer owes. That means that a taxpayer who owes $7,500 in income taxes and who receives a $7,500 tax credit would owe nothing to the IRS.
    
    A tax deduction is subtracted from the amount of income that is taxed. Using the same example, assume the taxpayer is in the 15 percent tax bracket and owes $7,500 in income taxes. If the taxpayer receives a $7,500 deduction, the taxpayer’s tax liability would be reduced by $1,125 (15 percent of $7,500), or lowered from $7,500 to $6,375.
    
    
13. Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond (MRB) program?
    No. The tax credit cannot be combined with the MRB home buyer program.
    
    
14. I live in the District of Columbia. Can I claim both the DC first-time home buyer credit and this new credit?
    No. You can claim only one.
    
    
15. I am not a U.S. citizen. Can I claim the tax credit?
    Maybe. Anyone who is not a nonresident alien (as defined by the IRS), who has not owned a principal residence in the previous three years and who meets the income limits test may claim the tax credit for a qualified home purchase. The IRS provides a definition of "nonresident alien" in IRS Publication 519.
    
    
16. Does the credit have to be paid back to the government? If so, what are the payback provisions?
    Yes, the tax credit must be repaid. Home buyers will be required to repay the credit to the government, without interest, over 15 years or when they sell the house, if there is sufficient capital gain from the sale. For example, a home buyer claiming a $7,500 credit would repay the credit at $500 per year. The home owner does not have to begin making repayments on the credit until two years after the credit is claimed. So if the tax credit is claimed on the 2008 tax return, a $500 payment is not due until the 2010 tax return is filed. If the home owner sold the home, then the remaining credit amount would be due from the profit on the home sale. If there was insufficient profit, then the remaining credit payback would be forgiven.
    
    
17. Why must the money be repaid?
    Congress’s intent was to provide as large a financial resource as possible for home buyers in the year that they purchase a home. In addition to helping first-time home buyers, this will maximize the stimulus for the housing market and the economy, will help stabilize home prices, and will increase home sales. The repayment requirement reduces the effect on the Federal Treasury and assumes that home buyers will benefit from stabilized and, eventually, increasing future housing prices.
    
    
18. Because the money must be repaid, isn’t the first-time home buyer program really a zero-interest loan rather than a traditional tax credit?
    Yes. Because the tax credit must be repaid, it operates like a zero-interest loan. Assuming an interest rate of 7%, that means the home owner saves up to $4,200 in interest payments over the 15-year repayment period. Compared to $7,500 financed through a 30-year mortgage with a 7% interest rate, the home buyer tax credit saves home buyers over $8,100 in interest payments. The program is called a tax credit because it operates through the tax code and is administered by the IRS. Also like a tax credit, it provides a reduction in tax liability in the year it is claimed.
19. If I’m qualified for the tax credit and buy a home in 2009, can I apply the tax credit against my 2008 tax return?
    Yes. The law allows taxpayers to choose ("elect") to treat qualified home purchases in 2009 as if the purchase occurred on December 31, 2008. This means that the 2008 income limit (MAGI) applies and the election accelerates when the credit can be claimed (tax filing for 2008 returns instead of for 2009 returns). A benefit of this election is that a home buyer in 2009 will know their 2008 MAGI with certainty, thereby helping the buyer know whether the income limit will reduce their credit amount.
20. For a home purchase in 2009, can I choose whether to treat the purchase as occurring in 2008 or 2009, depending on in which year my credit amount is the largest?
    Yes. If the applicable income phaseout would reduce your home buyer tax credit amount in 2009 and a larger credit would be available using the 2008 MAGI amounts, then you can choose the year that yields the largest credit amount.
21. Is there any way for a home buyer to access the money allocable to the credit sooner than waiting to file their 2008 tax return?
    Yes. Prospective home buyers who believe they qualify for the tax credit are permitted to reduce their income tax withholding. Reducing tax withholding (up to the amount of the credit) will enable the future home buyer to accumulate cash by raising his/her take home pay. This money can then be applied to the downpayment. Buyers should adjust their withholding amount on their W-4 via their employer or through their quarterly estimated tax payment. IRS Publication 919 contains rules and guidelines for income tax withholding. Prospective home buyers should note that if income tax withholding is reduced and the tax credit qualified purchase does not occur, then the individual would be liable for repayment to the IRS of income tax and possible interest charges and penalties.

JPMorgan Chase Freezes Foreclosures

The big bank ramps up a program to modify terms for 400,000 homeowners and kills a highly criticized type of mortgage.

In what may the biggest sign yet that banks are getting serious about attacking the nationwide wave of home foreclosures, giant JPMorgan Chase (JPM) announced on Oct. 31 that it is sharply ramping up its efforts to restructure the loans in its massive mortgage portfolio. For the next 90 days, JPMorgan will not place any new homes into foreclosure. The banking behemoth, which acquired troubled lender Washington Mutual on Sept. 25, says it hopes to modify terms for 400,000 homeowners, accounting for $70 billion in loans. Among the steps it is taking: eliminating toxic "pay option" loans, offering new loan terms to homeowners before they default, and hiring an additional 300 loan counselors to bring the company's total to 2,500. "While Chase has helped many families already, we feel it is our responsibility to provide additional help to homeowners during these challenging times," said Charlie Scharf, head of Chase's retail financial services, in a prepared statement. The JPMorgan Chase announcement comes as the U.S. bailout strategy seems to be shifting from the initial approach of having the Treasury Dept. buy $700 billion worth of troubled mortgage assets from lenders, to investing directly in big banks to spur more loans (BusinessWeek, 10/29/08), and now toward a coordinated effort to restructure loan terms for individual borrowers. Federal Deposit Insurance Corp. Chairman Shelia Bair has been pushing to have the federal government take a more active roll in loan restructurings (BusinessWeek.com, 10/30/08). The effort could be modeled after the fast-track mortgage modification program the FDIC put in place after taking over failed IndyMac bank in July. More Than 2.2 Million Are 60 Days Late The banking and mortgage industries have been criticized for not doing enough to prevent foreclosures and to modify the terms of troubled loans. According to the most recent data compiled by the Hope Now Alliance of lenders, counselers, and other industry players, lenders started the foreclosure process on 565,000 homeowners in this year's third quarter. Some 265,000 homes were actually foreclosed on, nearly twice the number from the third quarter of 2007. Moreover, more than 2.2 million homeowners are more than 60 days delinquent in their mortgage payments, also a near doubling from last year. The Hope Now Alliance was put together to keep borrowers in their homes. However, while Hope Now says it reached loan modification terms with 593,000 borrowers in this year's third quarter, only 265,000 actually had the terms of their loans changed. The rest merely entered into payment plans, typically where the bank agrees to be repaid past-due payments and late fees over time. Mortgage industry critics say borrowers aren't really out of danger unless the interest rates or principal is reduced, lowering monthly payments. With IndyMac, the FDIC is reducing interest rates (BusinessWeek, 10/8/08), typically for five years, in an effort to keep borrowers' payments to no more than 38% of their monthly income. No More Pay-Option Mortgages JPMorgan Chase says it's reviewing its entire portfolio to determine which homeowners may be in trouble. The company says it will eliminate pay-option ARMs, a controversial type of adjustable-rate mortgage that allowed borrowers to defer part of their monthly payments, rolling the difference onto the principal they owed. Borrowers were often enticed to take such loans by the lower payments but now find themselves owing even more on their dwellings, even as home values have slid. A recent study by research firm First American CoreLogic found nearly one in five borrowers in the U.S. owes more on a home than it is worth. New York City-based JPMorgan Chase also says it will proactively contact borrowers with prequalified offers to reduce their interest rates or loan principals and establish 24 new regional counseling centers to provide face-to-face help in markets with high delinquency rates. Many borrowers in trouble say it is difficult to reach lenders when they want to renegotiate loans. Many often feel they have to stop making payments to get a bank's attention. On Oct. 6, Bank of America (BAC) announced a settlement with attorneys general in 11 states that involved an aggressive loan modification program involving 400,000 borrowers and $8.4 billion in interest rate reductions. Bank of America's Countrywide division had been accused by state officials of putting borrowers into loans they couldn't afford during the boom just so it could resell those loans to Wall Street at a fat profit. Bank of America acquired Countrywide in July.

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Pre-pay or invest?

In light of a recent dialog with a client regarding a 2nd home purchase, I was inspired to repost this.  A large down payment is a form of prepayment, and it is extremely important to know the implications of putting a large amount of money down and its effects on the mortgage interest deductibility of the property.  If the purpose is to meet a cash-flow objective for the property, that is certainly fine as long as it's put through the client's financial "opportunity" filter.  In the span of two months, earlier this year, both Money Magazine and Consumer Reports have issued the question - "Should you prepay your mortgage, or invest?"  It is interesting that both magazines would ask the same question, and more interesting still that both would come to the same conclusion.  We've been asking that question a long time and believe it is still a key question worth asking.  Wile we can't say they did an exhaustive study here, their overall approach was sound. 

In our Borrow Smart approach, we don't believe there is a one size fits all.  Market Risk and Discipline Risk must be considered for the individual borrower.  The math itself is pretty simple.  Historically over any extended period of time, it has been much more beneficial to invest excess cash flow than it would be to prepay the mortgage, but this is based on average market returns and average costs of borrowing - the longer your time horizon the more likely you are to be average in those respects.

There are of course many other facts to consider, but at a minimum I wanted to make you aware of these  these two articles and how they approached their recommendation to invest, instead of repaying over time.

Consumer Reports - Download "It rarely pays to prepay"

Money Magazine - Download "The feel-good choice isn't necessarily the smart choice"

Housing and Economic Recovery Act (HERA) 2008

 

On July 30, 2008, President Bush signed H.R. 3221, the Housing and Economic Recovery Act of 2008 (the "Act"). The Act is a legislative package that is made up of the Housing Assistance Tax Act (otherwise known as the "Housing Act"), the Federal Housing Finance Regulatory Reform Act, and the Foreclosure Prevention Act.

Key provisions of the Act include:

New agency created to regulate Fannie Mae, Freddie Mac, and the Federal Home Loan Banks: The Act creates a new regulatory agency, called the Federal Housing Finance Agency, to oversee and regulate Fannie Mae, Freddie Mac, and the Federal Home Loan Banks. The agency is charged with the responsibility of monitoring the portfolio holdings of the entities it oversees and ensuring they maintain sufficient capital to operate healthy national housing finance markets.

FHA Program updated: Effective January 1, 2009, the FHA loan limit for conforming loans increases to as much as $625,500 in the most expensive U.S. markets. This affects both home equity conversion mortgages (reverse mortgages) and jumbo loans. Down payment requirements on FHA loans increase from 3 percent to 3.5 percent.

The Hope for Homeowners Program: The Act creates a new Federal Housing Authority (FHA) program designed to help borrowers in danger of losing their homes to foreclosure. Eligible homeowners may be able to pay off their original (foreclosing) lenders with a fixed-rate, 30-year-term mortgage for up to 90 percent of the appraised value of the property. Eligible homeowners are those who originated their loans before January 1, 2008, spend more than 31 percent of their monthly income on their mortgage, and are currently in danger of foreclosure. Borrowers would have to share future equity with the FHA. The program is completely voluntary; banks may elect not to participate. The program begins on October 1, 2008 and ends in September of 2011.

Temporary mortgage foreclosure protection for servicemembers: The Act provides mortgage foreclosure protection for members of the U.S. Armed Services by temporarily increasing (through December 31, 2008) the maximum loan guarantee for VA loans. The period a lender must wait before initiating foreclosure proceedings after a service member returns from service is extended from 90 days to 9 months. Increases in mortgage interest rates above 6 percent are suspended during the period of service and for one year after a service member ends service. This provision will sunset on January 1, 2011.

Temporary tax "credit" for first-time homebuyers: First-time homebuyers of a principal residence purchased after April 8, 2008 and before July 1, 2009 may take a refundable tax credit of 10 percent (up to a maximum of $7,500; $3,750 for married persons filing separate returns) of the purchase price of the property. The credit is phased out for individual taxpayers with adjusted gross incomes (AGIs) ranging from $75,000 to $95,000 ($150,000 to $170,000 if married filing jointly). However, taxpayers must repay the credit taken over 15 years in equal installments as a surcharge on their annual income tax return.

Temporary standard property tax deduction for non-itemizers: For 2008 only, taxpayers who do not itemize their deductions will be allowed to take a real property tax standard deduction (in addition to the standard deduction) of up to $1,000 if married filing jointly ($500 for all other filers).

Reduced homesale exclusion for nonqualified use: For sales and exchanges of a principal residence after December 31, 2008, the $250,000 ($500,000 if married filing jointly) homesale exclusion won't apply to the extent the gain is allocated to periods (not including any period before January 1, 2009) during which the property is not used as the principal residence of the taxpayer or the taxpayer's spouse.

Temporary increase in low-income housing credit: For 2008 and 2009 only, the Act provides a 20 cent increase in the low-income housing credit per-resident cap, and increases the small state minimum by 10 percent. The technical rules relating to the credit have also been simplified.

Expansion of the rehabilitation tax credit: The Act taxpayers to qualify for the full amount of the rehabilitation credit so long as less than 50 percent (up from 35 percent) of the rehabilitated building is leased to state and local governments or other tax-exempt entities.

Repeal of AMT limitations: on tax-exempt housing bonds, low-income housing credit, and rehabilitation tax credit. Generally effective after December 31, 2007, interest on tax-exempt housing bonds are not subject to the alternative minimum tax (AMT), and the low-income housing credit and rehabilitation tax credit can be used to offset AMT liability.

REIT modernization: The Act liberalizes the rules for real estate investment trusts (REITs) by clarifying that they can earn foreign currency income associated with real estate activities, increasing the permissible size of REIT investments in taxable REIT subsidiaries, modifying the REIT safe harbor for dealer sales, and extending the special rules for lodging facilities to health care facilities.

Election to accelerate recognition of historic AMT/R&D credits: The Act allows taxpayers to elect to accelerate the recognition of a portion of their historic AMT or research and development (R&D) credits in lieu of the bonus depreciation tax benefit allowed under the Economic Stimulus Act of 2008. The amount taxpayers can receive is calculated based on the amount invested in property that would otherwise qualify for said bonus depreciation. This amount is capped at the lesser of 6 percent of historic AMT and R&D credits or $30 million.

 

Housing Outlook: Mortgage Bankers Association

MBA Current State of Housing Finance Industry:  Download mbahousing.pdf

This is floating around as a recent presentation by the MBA on Housing that discussion a few key questions - how bad is it, how bad is it going to get, how long is it going to last, how did it get so screwed up, and what should be done to keep it from happening again?

Shadows:

43% of foreclosure starts are on sub-prime ARMs.

California and Florida are hardest hit, but Arizona and Nevada are gaining fast as speculative investor properties start to get foreclosed on.

There are only 8 states that had average price decreases of -1% to -6.6% (the worst), while all the rest of the US averaged -1% to +9.3% appreciation) in the fourth quarter of 2007.

There will be a 15% drop in existing home sales, and a 21% drop in new home sales.

There will be a 21% drop in purchase originations, and an 11% drop in refinance originations from last year.

Bright Spots:

Reduced competition in the mortgage industry will lead to better pricing and underwriting for the lender.

Well capitalized parties with flexible execution will dominate the market.

Affordability is improving and FHA is growing in importance.