May 21, 2013

Finally! The Extension to the Mortgage Forgiveness Debt Relief Act

mortgage debt relief act extensionMany of the members of the Financial Revival Group have been waiting for this extension to happen and know what it is about.  As we have been discussing in our Member Emails and in our Monthly Members Only Meetings, we fully expected this extension to take place.  We even expressed to you that we thought it would simply be an add-on to the fiscal cliff bill, which indeed it was.

It is official.  The Mortgage Forgiveness Debt Relief Act has been extended through the end of 2013. 

We still have more to do because we think this bill should have been extended for three years, not just one.  However, with all of the lobbying that went on from many different groups, we don’t believe that further extensions of this bill will be an issue. 

Now, for the benefit of our readers who are not members of the Financial Revival Group and don’t know what this act is about, here is a quick explanation.

If you owe a debt and that debt is forgiven, you have received a financial benefit from that transaction.  When the creditor finally gives up or settles the debt for less than is owed and stops further action to collect the debt, they have officially taken a loss.  The IRS says that since you actually received the money and didn’t fully pay it back, you received a “gift” from that creditor and that “gift” amount is taxable as normal income. 

In the past, we saw this mostly with credit card companies and other uncollectable debts.  If you settled a $20,000 credit card debt for $8,000 you and the IRS would receive a form 1099 for $12,000.  (The IRS gets a copy to make sure you include with your next tax return)  You would have to pay income tax on that $12,000.  If you were in a 15% tax bracket, your tax bill the following year would increase by $1,800.  Not a bad trade by most standards. 

With the continuing housing collapse, we are seeing this same event in real estate but with much larger numbers.  So to help out underwater homeowners, the Bush Administration passed the Mortgage Forgiveness Debt Relief Act in 2007 that says that if your bank suffers a loss on your house, in certain cases, you would be exempt from the tax.  This law expired at the end of 2010 but was extended through the end of 2012 by the Obama Administration.  Now the bill has been extended again through the end of 2013.

This law applies to you if:

  1. Your bank takes a loss on your house as a result of a foreclosure, deed in lieu of foreclosure, short sale, loan modification or principle reduction.
  2. The event is completed by the end of 2013.  That means your foreclosure, short sale etc. has to be finalized by the end of the year. 
  3. The property is your primary residence.
  4. The money forgiven was used to buy, build or substantially improve the property.
  5. The forgiven amount is less than $2 Million.  Hey, movie stars and basketball players need a break too.

 So, if you have been waiting for the extension of this bill to make a move on your underwater house, now is the time.  Nothing is quick in this process, no matter which way you decide to go.  The first thing you need to do is to find out what all of your options look like and how they will affect you moving forward. 

If you or someone you know wants to find out about every option you have available, you can start with a free 15 minute consultation with the Financial Revival Group.  This free, no obligation phone call will help you get your immediate questions answered and put you on the right track based on your particular situation.  Call us at 425-259-2600 to schedule your consultation or CLICK HERE to email us. 

THEY are talking up the housing market. Do you really believe them? Don’t!

I am so frustrated by all of the talking up of the housing market.  More people are going to be hurt financially by this intentional deceit by the infamous "They" we have talked about in previous posts.  We got here because we have been lied to throughout this whole housing collape.  There is a lot more pain to come in housing.  Just because you have held out this long does not mean you are going to make it through what it still awaits us no matter what "They" say. 

The piece below is a full reprint of a post by Martin Andelman of Mandelman Matters.  Martin and I have had many discussions about this topic and he puts it very well so I wanted you to see this. 

 

Talking Up the Housing Market? Yada, Yada, Yada… Talk is Cheap

By Martin Andelman

Now I get it… our plan is to try to TALK the housing market up.

Apparently, and I just realized this today, some people think they have figured out that if we just keep talking about how the housing market is recovering… it will respond by recovering.  It’s positively brilliant.  Someone should really let the EU countries know about this strategy because they could really use it, since absolutely nothing else is working in the least.

Hey, you guys in Spain… instead of all that rioting, try saying this over and over again in the newspapers and on television: “El mercado de la vivienda se está recuperando… El mercado de la vivienda se está recuperando!”  That should pretty much handle it.  See, problem solved… glad I could help.

And you guys in Greece, try saying whatever this sounds like: “Η αγορά κατοικίας είναι ανάκτηση.”  And your welcome, by the way.

Okay, look… talk is cheap.  And the strategy of talking about how the housing market is recovering in order to actually make anything recover, although hysterical, is just plain stupid.

On the other hand, since it’s obvious that essentially no one, present company excluded, has the foggiest idea of what to do differently, or is willing to even try doing anything differently, then I suppose talk is all we’ve got.  So, go ahead chatty Cathys… blather on.  Besides, I’ve gotten much better at ignoring you.

 

 

The Scale of the Crisis at the End of 2012

As of the end of this year, we will have lost FIVE MILLION homes to foreclosure… and 10 MILLION MORE American households have faced the prospect of foreclosure since the crisis began during the third quarter of 2006.  Add to those the numbers the 5.3 MILLION NOW in the foreclosure pipeline, meaning they have already received a foreclosure notice or are over 30 days delinquent… and 3.3 MILLION of them are over 90 days delinquent or already in pre-sale inventory.

Then stop to consider that there are only 50 million homes carrying a mortgage in this country… and then do the math.  You shouldn’t need a calculator to know that the answer to any equation comes out CRISIS of historical proportion no matter what the talkers are talking about today.

In addition, it’s interesting that no one wants to talk about the COMPLETED BANK REPOSSESSIONS continuing at the rate of about 50,000 A MONTH, with foreclosure starts at 100,000 A MONTH.

But, the housing market is recovering, the housing market is recovering… well yada, yada, yada and a blah, blah, blah.

 

 

First Time Buyer Demand Falling

One of the only legitimate sources of demand for homes in this country would be that provided by first time buyers.  Think about it… they can’t be underwater because they don’t already own a home.  So, with at least a third of the country’s homeowners underwater and unable to move, our first time buyers are about the only growing demographic we’ve got, since we’re certainly not growing investors in any sort of hurry.

The latest edition of Fannie Mae’s Housing Insights, however, in which Fannie economists examined the data shows that the decline in the homeownership rate over the last four years has been particularly pronounced for young households.

According to Mortgage News Daily on November 15, 2012, “five years after the start of the housing bust American households continue to shift from homeownership to being renters.”  And why this would be any sort of surprise to anyone is beyond me.

The particularly bad news is that homeownership among the younger demographic groups dropped the most in each of the last five years.  In fact, overall homeownership among those between age 25-44 has declined at double the rate of the overall decline.

The only age group that did not seen a decline in homeownership in 2010 and 2011 is the age 75+ group.

But don’t worry, I’m certainly confident that this country’s OCTOGENARIANS (people in their 80s, just to make sure everyone’s with me) are going to save our housing market… so attention all talkers, better get ready to start talking about that.

Why are young people not buying homes like they used to?  Well, gee… let’s see if we can’t figure that out without having to look anything up, shall we?

Well, there’s the issue of student loan debt, which has become such a scam that I may have to devote an entire blog to it in the near future.  And then there’s the need for 20 percent down payments and 760 credit scores… unless we’re talking FHA loans, in which case we’re talking about 20 percent defaults and increasing insurance premiums and tightening underwriting requirements.

Oh, something else… there’s the relatively higher unemployment numbers among the younger demographics, twice as high as the average in many areas.  And then there’s the fact that young people AREN’T STUPID, so one might imagine that since AT LEAST 20 MILLION of them have watched their elders either lose homes or be at risk of losing homes, it might just be that many are in no hurry to repeat the apparent mistakes of the past.

Ya’ think?  Or do the MORONS reading this think we need to conduct a study to figure that out too?

 

 

Being Underwater

Consider the chart from Zillow below to get an idea of how the underwater problem can do nothing but significantly reduce future demand.  Zoom in on it to read it closely, but if you don’t have your glasses, the blue bars are underwater homes by city, and the red bars are delinquent underwater homes by city.

And that’s what Zillow thinks.  Just imagine what the truth of the situation is, because you know it’s not better than Zillow’s.  Just by factoring in the percentage underwater when including real estate sales commissions would take all of those numbers up by 6 percent, right?  Yes, right.

 

Foreclosures to Come

Another factor that makes talkers mute and much of their data moot is how state laws have created markets where foreclosures are delayed and hanging like the Sword of Damocles over their respective markets.

In case you’re a little rusty on your legends from classical Greek culture, Roman philosopher Cicero uses this story to reach the conclusion that virtue is all you need to live a happy life, when he asks the question, “Does not Dionysius seem to have made it sufficiently clear that there can be nothing happy for the person over whom some fear always looms?

Look at the chart below to see how Nevada’s new law, AB 284, which took effect in October of 2011, has impacted servicers filing Notices of Default.  It’s not a chart showing problems being solved, it’s just a study in kicking the proverbial can down the road.

 

 

As Phillip Gusterson, writing for Seeking Alpha on November 27th, said in his article titled, “Dark Forces Manipulate the Housing Market, “AB284 has dramatically reduced foreclosures in Las Vegas. The result is a lesson in basic economics, with a drop in supply leading to an increase in prices. But what is clear to everyone is that the supply is artificially constrained, and a second lesson in economics could be around the corner: an increase in supply will lead to lower prices.”

He goes on to point out what should be obvious, “AB284 did not remove the need to foreclose on these properties, it just removed the ability to do it, so now one year later we have at least 24,000 units that should have been filed on, but were not because lawmakers in a run up to a general election decided to manipulate the market.”

I don’t agree with everything Mr. Gusterson has to say, but on that point there’s absolutely no chance that he’s even a little bit wrong.  When supply goes down, prices always go up… and the reverse is also true… welcome to Econ 101.

And if that fundamental truth wasn’t enough to cause those thinking that Las Vegas is already at the bottom of the market to pause, Gusterson also points out that, “Las Vegas also has a disproportionate share of ARM mortgages. When interest rates inevitably rise that this will cause a further wave of defaults just as the market shows signs of genuine recovery stimulated by economic growth.”

Notices of Default are increasing steadily over the last few months, however,  which just shows that the banks will ultimately figure out how to foreclose within the current legislative requirements.  As Gusterson’s article opines, “… it does seem logical that the significant market force of 75,000 delinquents will eventually overcome the barriers that politicians throw up to stem the tide.”

He figures that banks will use some combination of “improved administration, short sales, bulk note sales, bulk REO sales, and judicial foreclosures to operate within the post-AB284 environment to work through the foreclosures, and that the post-MERS environment will encourage them to increase the rate of foreclosure.”  

Once again, he is most assuredly correct, but he may be missing one additional factor, which is that the legislature, all too aware of AB 284’s draconian and utterly paralyzing effect on the market, may very well act to weaken the law in order to make it somewhat easier to foreclose in the future.

Lastly, consider that in 2102, according to the Greater Las Vegas Association of Realtors, almost 55 percent of all homes sold in Southern Nevada were bought as ALL CASH deals.  And you don’t have to be any sort of economic expert to realize that we just don’t have anywhere near enough people able to pay cash for homes to create any sort of actual recovery.  (I’m not going to bother sourcing that statement, if you don’t instinctively know it to be the case, you’re an idiot and reading the wrong blog, so scat. I have no time for you.)

 

 

What Is Going Up?

The only segment of any housing market going up is at the bottom of the market, where investors are prone to bid against each other, afraid that they’ll lose out.  It’s the same sort of greedy mentality that takes hold at auctions, where I’ve seen people pay more for things than they would have to if buy them at their retail price.

The simple fact is that the markets aren’t acting rationally, and I’m sure part of it is that some of the talking causes irrational things to happen.  For example, Dr. Housing Bubble, who follows Southern California’s housing market better than anyone, points out that while “home sales are up by 8 percent year-over-year, during the same period, the median home price fell by 3.7 percent.”

That’s just great… as demand goes up, price falls?  Try answering questions on an economics exam that way and you’ll fail the test sure as shootin’.  Again, according to Dr. Housing Bubble

“If you want to see delusion in action take a look at Zillow’s “make me move” option and you will see it in full force.  Even with mortgage rates at record low prices and very generous products like FHA loans that only require 3.5 percent down, the market seems to be moving lower in mid-tier to upper-tier areas.”

Well, obviously that part of the market needs a stern talking to, wouldn’t you say?  Get to work talkers… I expect to see some yabbering and in a hurry.

 

 

Talk is Cheap

The fact that there are properties at the very bottom that appear to have increased in price by a few points is no indication that housing is recovering.

Remember, the underwater problem is just as it was, so demand can’t increase because half the market can’t move.  And remember that, for the most part, no one is selling their home unless they have to, so the supply is reduced because no one wants to compete with foreclosures and short sales when selling their home into what is already the worst housing market in 70 years.

If people were selling, without demand increasing, then prices would fall even further as the impact of increased supply and competition could produce no other outcome. And there’s just nowhere that demand can come from as long as we’re pretending that our economy and housing market are recovering, and therefore doing NOTHING about ANYTHING.

Our situation related to unemployment in this country is nothing short of horrific… we’ve got at least 5.5 MILLION people out of work for over six months.  In California, the published rate is over 11 percent, and that’s not even a fully loaded number.  And we haven’t created anything but part-time and minimum wage jobs over the last four years, so even if working, EVERYONE is making less.

What’s amazing to me is that we’re not even pressuring our elected officials to do anything.  Other than a few Occupy people camping on lawns until they get arrested, the only thing we’re doing is kvetching on Facebook and pacing through sleepless nights.

Here’s an excerpt from a Rolling Stone article from last June, written by Jeff Tietz…

To aid Santa Barbara’s large homeless population, local activists launched the Safe Parking program and since the Great Recession began, the number of lots and participants in the program has doubled. By 2009, formerly middle-class people like Janis Adkins had begun turning up – teachers and computer repairmen and yoga instructors seeking refuge in the city’s parking­ lots. 

Safe-parking programs in other cities have experienced a similar influx of middle-class exiles, and their numbers are not expected to decrease anytime soon. 

It can take years for unemployed workers from the middle class to burn through their resources – savings, credit, salable belongings, home equity, loans from family and friends. 

Some 5.4 million Americans have been without work for at least six months, and an estimated 750,000 of them are completely broke or heading inexorably toward destitution. In California, where unemployment remains at 11 percent, middle-class refugees like Janis Adkins are only the earliest arrivals. “She’s the tip of the iceberg,” says Nancy Kapp, the coordinator of the Safe Parking program. 

“There are many people out there who haven’t hit bottom yet, but they’re on their way – they’re on their way.”

 

Afraid?  Terrified?  Yeah, well me too. 

It’s happening all around us, most of us see the signs of the cracks widening every day.  But too many of us are still in denial, they don’t want to talk about it, they’d rather just listen to the happy talk crowd who are constantly trying to talk our economy back to health.

My wife noticed that I didn’t bother to vote this year and asked me why.  I replied that for all our president is doing, I would have been okay with leaving the position open for the next four years… you know, just not fill it until someone worth voting for comes along.  But it now occurs to me that President Obama fits in  perfectly with what’s going on.  If talking the economy up will somehow work, then I’ve changed my mind and he’s the perfect guy for that job.  (Hahaha… get it?)

Here’s the real deal, however… while you might be able to get ME up by talking to me, housing isn’t going anywhere but sideways and down no matter what anyone says.  Bet on it.

Mandelman out. 

Attorneys general request extended tax relief for distressed homeowners

Did you know that if you do a short sale, foreclosure or settle a 2nd mortgage you can get out of the debt on your underwater home that you could still owe the IRS a lot of money?

While many states allow homeowners to get out of their houses without the threat of the bank coming after them for the money the bank lost, the IRS can still haunt you for lots of money in taxes.  Whatever money the bank loses on your underwater house is looked upon by the IRS as a gift from the bank and requires you to pay income tax on it. 

Currently there is a law in place that exempts most homeowners from this tax.  However, this law exprires on December 31, 2012.  The Mortgage Foregiveness Debt Relief Act began with the Bush administration and extended in the Obama administration via the Dodd-Frank bill.  This makes it bi-partisan but needs to be extended.  We have brought this to your attention in previous posts and to support the extension of this important bill. We are gettting some additional help.

Below is an article published by Housing Wire.  Written by Megan Hopkins. 

Four attorneys general are leading the fight to extend tax relief to homeowners who faced financial hardship such as a foreclosure and were granted mortgage debt forgiveness.

Attorneys General Catherine Cortez Masto of Nevada, Lisa Madigan of Illinois, Pam Bondi of Florida, George Jepsen of Connecticut and Martha Coakley of Massachusetts lead the national effort of 41 state attorneys general calling on Congress to extend the exclusion, in place since 2007. Various government agencies and industry trade groups began fighting for an extension as early as April.

If Congress does not answer, the tax relief efforts put in place by the Mortgage Debt Relief Act will expire on Dec. 31. This federal act essentially dismisses a distressed homeowner’s mortgage debt in the case of a foreclosure, short sale or loan modification.

With the recent push toward more principal reductions via the national settlement between state AGs and the nation's biggest mortgage servicers, hundreds of thousands could be impacted. The $20 bilion-plus settlement outlines consumer-relief mandates and servicing requirements for the nation's largest mortgage servicers.

“Failure to extend this tax relief would hurt the very families we set out to help in the national foreclosure settlement,” Illinois' Madigan said. “We need to do everything we can to encourage — not deter — struggling homeowners to seek help to stay in their homes.”

The AGs wrote a letter to the leaders of the U.S. House and Senate requesting an extension. The letter noted that if the $25 billion national settlement does expire, homeowners would face up to $1.3 billion in tax increases over two years, according to the Congressional Budget Office.

"Unless Congress acts, any debt relief to be provided in 2013 under the national mortgage settlement, as well as other mortgage debt relief programs, will likely be considered taxable income," said Masto.

Added Coakley, “This tax relief is critical for helping struggling homeowners stay in their homes as we work to repair the damage from the foreclosure crisis. We urge Congress to ensure families are not hit with an unexpected tax bill when seeking a loan modification.”

More than 4,000 homeowners had received mortgage debt relief for an average savings of $67,457 per homeowner in Coakley's state of Massachusetts since the settlement was signed earlier this year.

An extension is included in the Family and Business Tax Cut Certainty Act of 2012 (S. 3521), which recently passed out of the Senate Finance Committee with bipartisan support.

We are less than 1/2 way through foreclosures

This is a video done by Frank and Brian of the TBWS Daily.  These two market to the Real Estate and Mortgage business.  They sell products and services to help people in the industry to be more successful.  Frank and Brian have been making these daily videos for years and I follow them because they have their fingers on the pulse of the real estate market. 

Their overall belief is that we need to get through the housing collapse and the foreclosures that come with it so their clients (Real Estate Agents and Mortgage people) can get back to making money.  They often talk about the good news that will keep the industry going.  For them to publicly state that we have a long way to go in the number of home foreclosures is unusual.  That is why we wanted to post it. 

At the Financial Revival Group, we don't beleive we are close to the halfway point in the total number of foreclosures we will exprience in our country.  However, it is important that we all have a clear picture of what is ahead for all of us so we can make our own decisions about what to do with our underwater properties.  That picture has been clouded by the banks, the media and the government.  We still have a long way to go and you should know that, as you evaluate what you are going to do for your own survival.

11% of Homeowers polled don’t even know if they are upside down in their homes.

I am really interested in what people think about any topic.  I read the letters to the editor in my local paper everyday.  I look at the comments in blogs and online articles.  The mood of the public has the ability to move things in a new direction.  Unfortunately the puppet masters in our society are very good at pushing the public in the direction they want us to go and they have no problem with lying anytime it suits their purpose.

I subscribe to Rasmussen Reports.  If you are not familiar with Rasmussen, they are a polling company.  They take polls on a wide variety of topics but most of their polls are on the economy and politics.  Here is what one of their recent polls says about the housing market. 

Looking ahead over the next year, is the value of your home likely to go up, go down, or

21% Believe their homes will be worth more a year from now.

27% Believe their home will be worth less

51% Believe it will be about the same

What about over the next five years? Is the value of your home likely to go up, go down, or remain about the same?

45% Believe their homes will be worth more five years from now now.

17% Believe their home will be worth less

31% Believe it will be about the same

Is the value of your home worth more than the amount you owe on your mortgage?

56% Believe their house is worth more than they owe

33% Believe they are upside down

11% Don't know

Are you kidding me!  11% of the homeowners polled earlier this month don't even know if they are upside down in their homes or not.  These are the people who are following option #1 in our "Nine Options for Underwater Homeowners".  They are going to Stay and Keep Paying no matter what.  These are also the people who are going to get whatever is left over when the housing collapse finally bottoms out.  We think the bottom will be in late 2014 at the very earliest. 

What this also says is that 1/3 of homeowners polled know they are underwater and believe overwhelmingly (78%) that housing values are not going up in the next year.  If you are underwater and are willing to keep making your payments, we are about 50/50 that your house will be worth more five years from now. 

At the Financial Revival Group, we believe people should know where they are and be prepared to take action to preserve what you have left.  Knowing where you are at with your house value and your mortgage is critical to surviving the economic challenges that are still coming. 

Don't wait to do a little research.  You can download our free EBook on right of the page to help you get started.  

What do you think about these poll results?  You can comment down below.  I want to know what you think too.

No Refinance For You! – We called this one six weeks ago

The President is on a west coast swing to sell his new refinance program.  If you remember, this is the program he talked about in two sentences in his public jobs speech on September 8th.  In our September 11th post – The American Jobs Act – Same song, different spin,   we told you what they would do and again  we called it exactly right.   

Many American homeowners have been trusting that the government is going to come to the rescue with some kind of plan that will help them to weather this storm.  As a matter of fact, that is number two of the Top Five Mistakes Underwater Homeowners Make.  The bottom line here is NO REFINANCE FOR YOU! (To use the Soup Nazi reference from the old Seinfeld show)

Here's why you are not going to get a refinance.

In our post we told you that what the government would do in this situation would simply expand the Home Affordable Refinance Program (HARP) and that is exactly what they did.  The original program allowed refinancing up to 125% of the value of the property.  The new program will erase this limitation.  In the original program, you had to go directly to your lender if the new loan amount exceeded 105%.  We expect this to remain, which means that you will have to go to the bank you are making the payments to in order to try this. 

Here is why this won't help you. 

1. If your loan is not owned by Fannie Mae or Freddie Mac, No Refinance For You.

2. If your loan is owned by Fannie or Freddie, you have to be perfect in every other area.  Credit, income and other debt or, No Refinance For You.

3.  If you applied for a loan modification, you had to get behind in your payments.  (Those are the banks rules)  You are no longer a "responsible homeowner" to use the Presidents words.  That means, No Refinance For You.

4.  If the bank is worried for any reason that Fannie Mae or Freddie Mac will require the bank to buy the loan back, and this is a huge worry of the banks.  No Refinance For You.

The thing you need to be most aware of is that this refinance program will only deal with your first mortgage.  If you have a second mortgage, they will not roll the two together. 

What this program will do to the minimal number of people that it will service is to prolong the inevitable.  You will still be underwater in your house.  You will continue to sink as the market continue to drop.   The only thing this program will do is give you a lower interest rate and maybe a lower payment for a house that is still drowning you.

The real solutions lie in other areas.  Do your research, find out what else you can do and then take decisive action.  You are on your own.  No one is coming to save you.

Home Preservation Specialist – The spin never stops

We got this letter from one of our members who was not happy with the bank when she got this.  She told us the tone of the letter offended her.  She felt like Wells Fargo expected her to believe that they really wanted to help her keep her house.  She already had plenty of evidence to the contrary in her efforts to work with the bank over the past year.  Now that she had stopped paying, they now believe her to be an idiot who will fall for a change in title and a condescending letter.

I guess it's official… When the banks bought the politicians, they got their spinmeisters too.

Wells Fargo has changed the titles of some of their employees to sound more appealing to underwater homeowners.  The former, collect money at all costs, lie if you have to and steal all that you can from the unsuspecting public employees are now called, Home Preservation Specialists. 

Such a nice, Mr. Rogers kind of name designed to make underwater homeowners more willing to give up their financial information.  The information the bank needs so they can extract as much money from underwater homeowners as possible before they foreclose on the property. 

I have to hand it to the banks, they have been lying to us for so long and we still keep sending our paychecks to them so they think we will believe anything. 

Well Wells, and all of you other big banks, your time is coming.  If you still have money in Wells Fargo or any of the other big banks you have to stop feeding the beast.  Close your account and move it to a credit union or a local bank.  If enough of us do it, maybe they will realize that we are not so stupid.  Maybe they will actually start acting with some modicum of respect for the people that make this country run.

If you have an underwater mortgage with Wells Fargo and you are still paying on it.  Once you stop paying, you will probably get this same letter.  How will it make you feel.  Happy and empowered or small and gullible.   

 

The Occupy Wall Street movement expands to help homeowners

In an article on MSNBC.com today in a story entitled "Homeowner taps "occupy" protest to avoid foreclosure."

The article describes the story of Rose Gudiel who lives in La Puente CA.  Rose and her working class family have been through a dramatic series of events to try to save their house from foreclosure.  When they go no help from anyone, they decided that they would stay put and do whatever they can to keep their house and keep One West Bank from putting them out on the street. 

CLICK HERE  to read the entire MSNBC story by Kari Huus

This story was send to me by one of our members and it caught my attention for two reasons.

1.  This is confirmation of a post we make last week that the Occupy Movement should not be scoffed at.  This movement is the beginning of what we believe will be protests and social unrest that will sweep the entire country until "We The People" see some fundamental shifts.  CLICK HERE to read our post entitled: Occupy Wall Street Movement – Neither the D’s or the R’s get it.

The Occupy Movement is disorganized and unfocused.  They know that we have to see change in the way things are done in this country but they cannot articulate what needs to be done or how to do it.  Half the politicians laugh at them and the other half want to control them for their own gain.  Neither are correct.   

This movement has proven that it can rally people at a specific time and place.  They may have found another venue in the continuing collapse of the housing market that will draw in more people that have in past not protested about anything. 

2.   The second reason this story interested me is that the writer didn't know about the sweetheart deal that One West Bank made with the FDIC when they took over the failed Indy Mac Bank a couple of years ago.  The truth is that One West Bank makes so much money foreclosing on properties that it has no interest in helping anyone do anything to stop foreclosures. 

The fact that public exposure in this case helped Gudiel family keep their house and stop One West Bank is a positive sign that should embolden the protesters even more. 

Below is a video that will explain the "Old Boy Network" deal that One West Bank got from their buddies at the FDIC to take over Indy Mac Bank.  I know Frank and Brian who do these videos and this one has had over 2 million views.  Partially because it is another example of how we continue to get screwed and another is because it is true. 

If this doesn't make you want to get out and stop the banks, nothing will… 

Until they come for your house!

Howard on Public Exposure – Your Mortgage, contract or moral obligation

Our Founder Howard Bono was recently interviewed on Public Televisions Public Exposure.  In this video he discusses whether your mortgage is a contractual or a moral obligation.

 

Lose money on your house in a foreclosure or short sale and you could get a tax bill from the IRS

Did you know that if you experience a foreclosure or a short sale on your house you could owe taxes to the IRS?  It’s true, but there are some ways out. 

Regardless of what you think of the banks, if the bank takes your house back in a foreclosure or if they accept less than is owed in a short sale, they lose money.  The tide of public opinion has dramatically turned against the banks and many people think that the losses, serves them right.  After all, they caused the mess and they got all of that bailout money too, so they can afford it. 

Depending on the state your property is in, it is possible that even though the bank takes a loss, they cannot come after you to pay that loss back.  You can even live in your house for free, let the bank take it and not owe them anything at all.  However, that is only part of the financial path that you need to be aware of. 

If the bank does take a loss from the loan on your property for any reason, they are required to issue you a 1099-C for the amount they lose on the deal.  The bank is also required to send a copy of that to the IRS.  You see, the way the IRS looks at it, the banks took a loss on the property so you effectively got a gift of that amount and that gift is taxable as ordinary income.   

So you lose a huge amount of money on the biggest investment that you have ever made.  You are feeling relieved just to get out of it without losing any more than you already have.  The bank cannot touch you and you want to put all of this behind you.  But wait!  There is more.  Now you have to deal with a much bigger and badder foe that will never go away, the IRS. 

It’s not an all bad situation, but like all laws, you are supposed to know what they are and how they affect you.  (Like we have time to understand everything about everything, right?)  So here is the short version.

In 2007 under the Bush administration, Congress passed the Mortgage Forgiveness Debt Relief Act.  It says that if your bank loses money on your property as a result of a foreclosure or a short sale you don’t have to pay the taxes on that loss.  Of course there are some limitations and those are important to know about.  This law was set to sunset at the end of 2010 but the Obama Administration extended the law through the end of 2012.  They did this in the Restoring American Financial Stability Act of 2010 which is also known as the Dodd-Frank bill. 

So what this means is that if your house goes through a foreclosure or a short sale before the end of 2012, you may be able to avoid paying any taxes on the loss the bank will take on that transaction.  We expect that Congress will want to extend this but they wait until the last minute to do everything and that will be right after the upcoming elections.  Will anything get done between the election and the seating of the new Congress?  We wouldn’t want to bet on it. 

Even though you have over a year to get this done, that may not be enough time.  If you believe as we do that the housing market is a long way from its bottom, you need to act soon.  Your bank is not going to help you and it’s obvious that the IRS won’t either.

If you owe more on your house than it is worth, you have 9 options that could help you deal with this with a strategy that is best for you.  Unless you know them all, you can’t decide.  We have an ebook that covers all 9 options.  CLICK HERE to get your copy.

If you just want to talk with someone about what you can do and how this tax law could affect you, we offer a free 15 minute phone consultation to help you get your immediate questions answered.  To schedule yours, CLICK HERE or call our office at 888-656-8850.

The laws and the banks strategies are changing all the time.  Stay with us and we’ll keep you updated.