Loan Modification

Tax Credit for First Time Home Buyer Mortgage and Government Assistance Program to Help Home Owners Finance a Real Estate Loan with Low Down Payment and Interest Rate. Go To http://RealEstateMarketingThisWeek.com

Part 5 (Excerpt)

Inventory of foreclosed homes may be declining soon Home sales double in last year

So we are back in studio today with Dan Havey. Dan and I have known each other for many years and we have worked very close over the years in real estate. Dan and I are not necessarily 100% in agreement with where the market is today and whether we are at the bottom or not. I tend to believe that we are. Let me tell you my thinking on this.

Dan uses actual facts and figures to make his prognostications. Heres what I know, I know that Fannie Mae and Freddie Mac have put a moratorium on foreclosures. What that means is that they are slowing the supply of repos. What that means is that they are putting fewer homes on the market, which means the supply has been reduced to a 9 month supply of resale homes on the market. The builders are gearing up, getting ready to start building again, but they are not building again just yet. Thats a great indicator.

Interest rates couldnt be better. They havent been better than they are now, so not only can you buy a house at the same price you would have paid for that house in 2002, but you are going to get a significantly lower interest rate then it would have been then. Effectively a house today is going to cost you less than it would in 2002, with the interest rate and the home value being what they were. Now if property values do continue to increase and the average rate of 4%, your internal rate of return on your investment will increase exponentially.

One of the things that Dan Havey did say, and I kind of think you need to pound on this a couple of more times is this, you dont buy a house for you and your family as an investment, you buy a house because you want to live there, because you want to raise your family there, because its right for you. The investment part of it will come in time on its own. For now owning a home, owning that dirt, raising your family, making your new memories, is the best thing in our opinion that you can do.

Dan, why dont you take a minute and talk about the year over year numbers that you have. Well, there is a number of things I agree with you on Michael and one of the things I was really surprised by when I started looking at the numbers the other day is that since June of 2008, so 7 or 8 months ago, since then, year over year sales actually increased and in many cases have doubled. So lets just say for a specific example if there were 5,000 sales in Maricopa County in June of 2008 that would mean that there were 2,500 a year earlier, and so anytime you see an increase in sales year over year and especially when you see this big of an increase, 100% increase year over year for most all of the last 8 months, that is a huge indicator that the market is starting to recover. Now there are other factors as Michael said, the builders are not quite building yet, but I like the fact that there is the moratorium in many cases now on the foreclosures going through, and with the Mortgage Bailout Bill that came out today part of it was $75 Billion that they were going to throw at Fannie Mae, Freddie Mac, and all of the other lenders who received TARP funds to help modify loans.

One of the requirements is if the lender, Fannie, Freddie, or the servicer is working with the home owner they have to stop the foreclosure process, so hopefully what this is going to do is over the next six months its going to help out millions of people. I am not quite sure how they are going to get all of these loans done, there are an awful lot of people that need to have their loans modified, but even if they can just help some of these people to delay the foreclosure sale, help these people get their loans modified.

First off it is going to help keep people in their homes but the biggest thing from the standpoint of property values and first time home buyers is that its going to start taking some of that supply off the market there are going to be less repos out there for people to buy and because of that property values are going to begin to stabilize and quit dropping…

Duration : 0:5:43

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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com

Cancellation of debt income reported to the IRS on form 1099 C

So we talked about 20 million homeowners are upside down on their mortgages, thousands of their homes are being foreclosed on every week, property values may still be declining in some areas. Homeowners are walking away, they are doing foreclosures, there is a deed in lieu that people may not be aware of, loan modifications in many different shapes, forms and fashions and short sales.

These are all things that do have tax implications that a lot of people are not aware of. Each has its own consequences thats why we have asked Mike Patenella, a CPA to be with us today on the air. Mike tells a little bit about yourself.

Well I am a CPA. I have been in public accounting since 1988, I have my own tax practice and operate out of Scottsdale, and we focus on tax-preparation, advance planning for high net worth individuals and small businesses throughout the Valley. I moved to the Valley in 1990 back from New York.

You know, I have had the opportunity to work with Mike as a strategic partner as well and I share a number of clients. Each time I have had the honor of providing him a referral for tax work the outcome has exceeded expectations, so I am really pleased to be part of the discussions today and to work with such a great group.

It has been a pleasure, and again if you’re talking about that strategic partnership, the financial power team, as our good friend Dan Havey likes to call it, the outcome is important, but when a client calls you up or a homeowner calls you up and says thank you so much for sending me to Brett or Mike, what a great job, wow. Thats the greatest, again Mike thats why youre here with us today

So we should probably dive right in. I know we’ve been talking a lot the last few weeks about loan modifications and how Velocity Financial can help in that regard. But, help me out, even for my financial planning perspective what are some of the implications of taking this approach. For example how does the IRS look at people who don’t pay back their debt?

Well they do have a record of who does not pay back their debt because the banks have to send a form 1099C to anyone who gets any debt forgiven and what that does is it lists how much debt youre able to walk away from. And the reason they want to track that is unless you qualify under certain exclusions that is taxable income to you.

A question for you on that and I honestly don’t know for sure the answer to this, so let’s use a simple scenario, my favorite one is a guy owes $400,000 on his house and he does a short sale for $300,000. A laymen would think that there is going to be $100,000 he is going to get a 1099C for, a 1099C form from the lender that they didnt pay the moneys back for. What about the other cost the lender incurred? For instance even though they sold it for $300,000 there are still real estate commissions, title, deeds all kinds of closing costs, and things like that, that the lender loses below that 300. Do you know if thats included?

Yes that would be almost like lending you additional money to cover those costs.

So in other words if I owe $400,000 and sell it for $300,000 in a short sale, the bank is going to spend $112,000 I saw in a report today, youre getting a 1099C for that right?

In that example yes

The foreclosure cost, I just read today, the average foreclosure costs $112,000, average cost, thats legal fees, carrying cost, all these different things. Thats a lot of 1099C income.

Duration : 0:6:23

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First Time Home Buyer Tax Credit of $8000. Government Loan Program & FHA Mortgage w/Low Interest Rates and Fees. Low Down Payment to Purchase Lender Owned Foreclosures. Go To http://RealEstateMarketingThisWeek.com

Part 1 (Excerpt)

Interest rates hit bottom, first time home buyers should buy before the prices go back up

We have a special guest back in the studio today. Dan Havey has been a great promoter for Velocity Financial . Dan and I have been working together for about 14 years now. Dan has brought with him some really, really interesting facts and figures for people who are wondering whats happening, wondering if we are at the bottom of the market, wondering how much further we are going to have to go. We are going to talk about lots of different things like that. Hes got some really good information, in my opinion some good stuff, some good solid data to make some good decisions about whether or not you should or should not buy right now.

So, Today was the official day that President Obamas Plan was rolled out. It was designed to help some 8 to 9 million homeowners, responsibly homeowners they called them, people who purchased homes at the peak of the real estate market with 20% or more down. The plan is just so darned convoluted, it is very complicated, people are calling wondering whats real, whats not real, whats going to happen. The bottom line is about 19% of all the homes were financed utilizing Fanny Mae or Freddie Mac financing. People, who have Fanny Mae or Freddie Mac loans, these conventional type loans, that put 20% down, that used full documentation, which means tax returns to qualify for the loan, those are the only people that are actually going to be helped with this program, and there are so many little caveats to it. I believe its not going to help nearly the number of people as intended. Its very unfortunate that its just not going to be as popular as we thought.

The other thing that people were hoping for, and we have heard this a lot that they are waiting for mortgage rates to get down to 4%, it is not going to happen. If you are out there ready to refinance but holding out waiting for rates to get back down to 4% you need to get off the fence and get something done now. The trend is upward, mortgage rates are going to go up, yes the Fed is buying mortgage backed securities so that should help a little bit. The reality of it is 4% is just not going to happen in this lifetime, so if you are in the middle of the process find something that works good for you and make it happen.

The other thing we are going to talk a lot about today is when rates do go down, which there very well may be a little dip in the next couple of weeks everyone tries to rush in and take advantage of that rate and thats not really what you should do. What you should do is get in with your lender and get the information to them now so they can start working on your loan, put your case together and have everything ready to go so if the rates do drop you will be ready to execute immediately. Interest rates are really good and we are going to spend a lot of time talking about interest rates and how to buy a home, first time home buyer programs and things like that today. But I just had to mention that I get this question all the time when can I lock in 4 and a half or 4%? Well there you go thats my prognostication I am certain that I am right but we will just have to see as time goes on…

Duration : 0:5:32

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http://www.SpecializedMitigation.com

Loan Modification expert and CEO of LoanMod, Moose Scheib discusses the current foreclosure crisis and the role loan modifications have in stabilizing the housing market on The Neil Cavuto Show on January 7, 2009

Duration : 0:4:46

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http://RefiorModify.Weebly.com Stop foreclosure now. http://www.2ModMyLoan.com Refinance or modify your current mortgage. You do not have to be struggling with your mortgage payment. There are programs in place to help you. I can help you contact me
626-945-5987

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Duration : 0:5:15

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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com

Part 7 (Excerpt)

Beware of grandiose claims when dealing with a loan modification firm.

You know I am glad that were back, when we went to the break we were talking amongst ourselves about some of these concepts, I really want to bring this back down to the listeners. So they really understand what this means to them. You have three strategic partners, each of them experts in their field, sitting around these microphones in the studio talking about how these factors have an impact on the listening public, the people listening to this station right now.

Velocity Financial is an expert in all things mortgage related. It represents the largest asset many people have in terms of their home. What were talking about is, we know the economic pain that exists, you probably read that Arizona has the dubious distinction according to the Case-Schiller index of having the highest property value declines in the country. People are feeling some pressure here and for those people who want to consider what a loan modification might do for them, should call you and talk about what that represents.

Then from there, you can refer them to people like Mike Patenella to talk about the tax ramifications, Mike can speak to some of those items and I can talk about their overall financial planning. But to start with let’s talk about what the loan modification process really represents and who can benefit from.

We have talked about all the different things you can do with your home as a home owner, there is the loan modification and there’s several different types of loan modifications, there is the option of a short sale, which can have huge tax implications that people may not be aware of. There is the option of foreclosure, which is almost the last thing you want to do and there is also bankruptcy.

Loan modification is essentially for the person who is unable to make your payment, because there was a material change, and the change that I am talking about is your not making as much money. You may have lost your job. You have one of these mortgages that are toxic, where the interest rate has gone up significantly.

I would not buy the story from some guy with an ugly little yellow sign on the side of the road that says, hey I can help you and I have a 99% success rate with my loan modifications. That is essentially a guarantee and there is nobody in their right mind that would buy the guarantee. There are so many different types of mortgage servicers out there, literally thousands of mortgage companies out there and you cannot predict what any one of these mortgage companies is going to do.

Certainly not guarantee anyone any result. Were definitely going to try our best, thats why we use a national network of attorneys, 45 out of the 50 states have some kind of recourse involved with short sales and foreclosures, loan modifications. This is not something you can just figure out on your own and certainly dont buy into some story that there is somebody who can reduce your mortgage by 50%. Thats not going to happen, or that they have a 99% success rate, things are just not realistic.

You should know better and I know I am putting it bluntly, lets be honest. You should know better. It sounds too good to be true folks, it is. These no cost loans, these goofballs are selling on the radio, saying they don’t cost anything, let me say this, someones got to pay for it. Try walking to one of these big banks right now thats trying so hard right now to make up for some of their losses, so if anyone is offering you something that sounds too good to be true. It probably is, call an expert, call someone who knows what they’re doing, and our team has 16 years of loan modification experience. Our national network of attorneys are dedicated to getting loan modifications and work with almost every major lender, use a pro.

Now Mike, I wanted to throw it over to you to reiterate a few of these things to talk about the different options that people are looking at. The reality of it is that a loan modification, if it works is the absolute best.

That would appear to be the case. You dont want to file bankruptcy, which would be your last choice. Trying to say youre insolvent might be difficult when you factor in all of your assets, so the foreclosures and the short sales, I think those just destroy your credit. Am I right on that?

Duration : 0:6:21

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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com

Part 5 (Excerpt)

Mortgage Forgiveness Debt Relief Act of 2007, one exception to paying cancellation of debt income

Welcome back to the Velocity of Money I am Michael J. Barnes Arizona’s and I’m with Velocity Financial and were here every week talking about all matters financial, regarding real estate as well as finances. Brett Fallon is back on the air with us again along with Mike Patenella who is a certified public accountant for the last 20 years and amazing brain, were glad he’s back on.

Mike we were talking before the break about loan modifications, my point before going off the air was that people think they’re going to get this huge amount of money waived on a loan that they have, realistically what most loan modifications are going to look like is extended term, significantly lower interest rate, generally a fixed interest rate for the entire time, and in some cases they will do some principal reduction, and there is some exclusions for people having to pay tax on that, is that correct?

Yes, there is, before I get into that keep in mind that with taxes normally not one rule applies to everybody, were going to talk general but everyone’s going to have their own specific situation, that they’re going to have to really check with somebody and make sure they’re doing the right thing. In 2007 in response to the economic situation, they passed a mortgage forgiveness debt relief act which essentially allows people to not pay tax on $2 million dollars debt forgiven on their principal residence. Thats in regard to be principal reduction, loan modification.

Right, so in your example if $50,000 of your loan is being reduced, if your situation fits, under this new law, we might be able get you to avoid the tax on that.

Once again a very good reason for you to go to a professional CPA like yourself for that help, not something the average person is going to be able to figure out on their own. You have to keep up on the tax law and that’s almost a full-time job.

Hey how many pages is that tax code now? On last count I heard you say it was something like 9000 pages.

I don’t know the exact number of pages I know it’s in the several thousand and as Mike knows quite well, and I am aware of also is the tax code has been morphing and changing more than I have ever seen in my entire career here recently. Going back to the tax act of 2003 to the present there have been literally hundreds of changes. So for the average person whos listening to this broadcast who is considering a loan modification, trying to take care of a portfolio, and take care of their taxes at the same time, WOW! Good luck to you

So exclusions to the income, can we talk about a few different ones?

Sure bankruptcy is one exclusion, if you’re filing bankruptcy; the other one is if the taxpayer is insolvent which essentially means that their liabilities exceed their assets. When you factor in assets you factor in retirement accounts and all that, its not that easy to fall under that one.

Oh so the value of my 401(k) goes into that on the other side of the balance sheet. So for the most part if you dont fall into one of these two youre going to try to rely on this new tax law to exclude some of the debt forgiven.

How long ago was that past? I am sorry I don’t remember, was that August of 2007? It’s called the mortgage forgiveness debt relief act of 2007 and it only applies to qualified principal residences. Is that ongoing? Is there a cap on the time?

Well originally it was set to expire at the end of 09. Then in 2008, since the economy kept getting worse they extended that another three years or so through 2012

Well we hope were all well through of this mess sooner and we won’t have to need this any longer after 2009. Actually I want it gone now.

Duration : 0:6:20

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On July 27th, 2008, Christina Boomer of ABC 15 News in Phoenix Arizona, interviewd G-II Varrato II about his opinion of the Foreclosure Prevention Act of 2008 and the loss of Down Payment Assistance for FHA Buyers

Duration : 0:1:57

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Mortgage payment calculations formula

Duration : 0:7:30

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Tax on 1099C, Cancellation of Debt Income; Short Sale, Loan Modification & Foreclosure. Exception; Mortgage Forgiveness Debt Relief Act, Bankruptcy & Insolvency. Go To http://RealEstateMarketingThisWeek.com

Part 2 (Excerpt)

A team approach is best when dealing with all issues regarding taxes, real estate and investments

Brett, wow what an exciting four days

Yes the last four days in the stock market have been a really wild, you know the doom and gloom. I will give you an example, the year to date low closing of the S&P 500 at 752 was the value for that index. And that occurred last Thursday, November 20 the last four days in the stock market has virtually gone straight up, as a matter-of-fact, reporting a yearly 15% gain in those four trading sessions.

What people fail to realize is that level of gain, coming off a loss in your portfolio is really important to get you back on the right track, so those who are wondering if its time to buy or should I have sold. I say November 20 you can’t afford to miss a 15% rally. I can’t tell you what the market will do come Friday, which is a half day or next week, but I can tell you there is a growing consensus among multiple economists, and experts say were in for the mother of all rallies in an otherwise bear market economy.

And one other thing that I want to point out really quickly, thats so important to the listeners out there in regard to this show specifically. We spent a lot of time talking about strategic partnerships, and today is a perfect example of what Velocity Financial and the Velocity of Money Radio Show are all about.

We have strategic partnerships to work towards the best possible outcome for the listeners that are tuned into the broadcast. They are looking for a ray of hope, theyre looking for education, theyre looking for information. And when you put those factors together and introduce tax experts like Mike Patenella, the certified professional mortgage strategies such as you, registered financial consultants like I. Thats how people, when we have these experts and strategic partners working towards the best possible outcome.

Thats a really good point. And I like the way you illustrated that, one of the things that so many people like to do today, is to do so much on their own and that’s okay. When you do things on your own, typically people learn more about it. The problem is, now is not the time to try to figure out what to do with your money in the stock market. Now is certainly not the time.

If youre facing foreclosure, or youre considering a short sale, youre possibly losing your house, you can’t make your mortgage payments or you need a loan modification, its not something you should try on your own, its one of those things where you just don’t know the ins and the outs. More importantly, talking about doing these types of things on your own, do you really have the time to dedicate to what it is youre trying to do.

For instance there is a silly commercial on the tv, Mike where the guy is getting audited and the lady says oh, let’s talk to the box. Thats a classic example of somebody who wants to go buy a box of software at a warehouse store to do their own taxes, and Mike I know for example that you have still have people who have tried to do it on their own. And in most cases you find many things that are missed.

Yes thats why were in business. It’s worth it to have us help you out, you’ll save money and you will pay us less than you will the government. Our goal is to work for you, work with the mortgage guys and financial planners and coordinate an effort to help you out.

Brett Fallon and I have been working together for years, we share most all of our financial sense or ideals are parallel. I have learned a lot about finances from Brett that I never knew. And Brett and Mike have been working together also for many years, it has only been a year or so since you and I have met.

But having said that you could do your own taxes, you could do your own investing. You can get one of those online accounts. Well, you could do your own loan modification, but in any case, that I have ever been involved in, in regard to loan modification, doing your own taxes, or doing your own finances, you will inevitably miss something. It’s just worth paying a little bit more to hire a professional, versus trying to do something like that on your own.

Especially the impact the situation where there is substantial, job loss, loan modification or any of these potential types of situations.

Duration : 0:6:51

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