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Roy Hernandez Real Estate Services

Orange county real estate houses for sale

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Update on mortgage cancellation debt, short sales, IRS, and FTB liabilities

December 5, 2013 By Roy Hernandez

CAR header

12/4/13. The good news just keeps continuing. Letter from California Assosiation of Realtors:

As we anticipated, C.A.R. today received a letter from the California Franchise Tax Board (FTB), obtained by the State Board of Equalization, clarifying that California families who have lost their home in a short sale are not subject to state income tax liability on debt forgiveness “phantom income” they never received in a short sale.

Last month, in a letter to California Sen. Barbara Boxer, the Internal Revenue Service (IRS) recognized that the debt written off in a short sale does not constitute recourse debt under California law, and thus does not create so-called “cancellation of debt” income to the underwater home seller for federal income tax purposes.  Following the IRS’s clarification, C.A.R. sought a similar ruling by the California FTB.  Now with the FTB’s clarification, underwater home sellers also are assured that they are not subject to state income tax liability, rescuing tens of thousands of distressed home sellers from California tax liability for debt written off by lenders in short sales.

We are pleased with the recent clarifications issued by the IRS and the California Franchise Tax Board, which protect distressed homeowners from debt relief income tax associated with a short sale in California.  We would like to thank Sen. Boxer and BOE member George Runner for their leadership in obtaining this guidance from the IRS and FTB.  Distressed California homeowners can now avoid foreclosure or bankruptcy and can opt for a short sale instead, without incurring federal and state tax liability, even after the Mortgage Forgiveness Debt Relief Act of 2007 expires at the end of this year.

Sincerely,
Kevin Brown
Kevin Brown
2014 President
CALIFORNIA ASSOCIATION OF REALTORS®

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The Road Map to Homeownership

December 3, 2013 By Roy Hernandez

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Filed Under: Roy's Blog Tagged With: Brea house for sale, Brea houses for sale, Brea real estate, Brea real estate for sale, buyer real estate news, north orange county for sale, north orange county real estate, orange county housing info, orange county real estate, Orange county real estate for sale, real estate information

Congratulations to the November Turkey and Pumpkin Pie winners!!

November 26, 2013 By Roy Hernandez Leave a Comment

Update 11/25/13……Congratulations to the following folks for having won Thanksgiving Turkeys & Pumpkin Pies:

Turkey winners                                                              Pumpkin pie winners

   Oscar & Heidi Carrasco-Turkey                                                              Tom Quigley

Michael and Terry Martinez                                                                        Mke Quinto

       Cassandra Malloy                                                                             Paul Rayburn

Brandi & Bryan Schlueter                                                                              Jan Romey

           Barbara Aaron                                                                                      Fred Adams

Happy Thanksgiving!

___________________________________________________________________

Sign up to be 1 of 10 lucky winners for our 2013 Thanksgiving drawing.

happy thanksgiving3     5 WINNERS will receive a FREE Zacky Farms turkey. All Turkeys will be at least 10lb. 

OR

pumpkin pie25 Winners will receive a fresh large Pumpkin Pie. 

********************************************************************************************************************

Entering the drawing is super easy!  1) Call 949-922-3947 and leave your name, phone number, and email address. Or, 2) Complete electronic form below. Verification of all entries will be confirmed via email.  One turkey or pie per household.

Winners will be chosen via drawing held on 11/24/2013.  Turkeys and pies to be delivered by 11/26/2013.

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Citibank offering 3% conventional loan with NO PMI

November 20, 2013 By Roy Hernandez Leave a Comment

citibank header

 

Here are some of the programs that Citibank has to offer :

  • On time Closing Guarantee, if we don’t close on time, we will give $1500 credit to the buyer
  • 3% conventional loan with NO PMI ( first time home buyer)
  • Govt loan  FHA/VA
  • Conventional loan
  • Jumbo Loans :   CitiQuick loans qualify for limited doc, rate protection up to 3yrs, if rate drops by 0.25%, we lower it at no cost to the borrower. Asset based cash flow, we can use borrowers asset to derive income to help qualify for a loan
  • And much more…..
  • Click here for PDF flyer

Contact Roy Hernandez for more details!

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Great news from IRS for sellers that short sell

November 15, 2013 By Roy Hernandez Leave a Comment

CAR header

 

November 15, 2013

Dear Roy,

As the new president of the CALIFORNIA ASSOCIATION OF REALTORS®, I’m pleased to be the first to inform you of some very good news.

We have been working with California Sen. Barbara Boxer to protect distressed homeowners from debt relief income tax associated with a short sale in California.  As part of this effort, Sen. Boxer requested the Internal Revenue Service (IRS) to provide guidance on whether mortgage debt forgiveness in a lender-approved short sale would be taxable income under federal law, given California’s recent non-recourse laws for short sales, which were hard fought victories by C.A.R.

The IRS has clarified in a letter that California’s troubled homeowners who sell their homes in a short sale are not subject to federal income tax liability on “phantom income” they never received.  The IRS recognizes that the debt written off in a short sale does not constitute recourse debt under California law, and thus does not create so-called “cancellation of debt” income to the underwater home seller for federal income tax purposes.  This clarification rescues tens of thousands of distressed home sellers from personal liability upon expiration of the Mortgage Forgiveness Debt Relief Act of 2007 on Dec. 31, 2013.

C.A.R. is seeking a similar ruling from the California Franchise Tax Board (FTB), which has been awaiting the IRS action; we anticipate the FTB will act promptly.  Short sales may raise other tax issues and, as always, you should advise your clients to speak with their tax professional regarding the tax consequences of a short sale.

C.A.R.’s Legal Department has prepared a Realegal to further explain the IRS’s clarification.

I know you join me in expressing our thanks, as well as those of our troubled homeowners, to Sen. Boxer for her leadership on this issue.  I will keep you informed and provide additional details as I have them.

Sincerely,
Kevin Brown
Kevin Brown
2014 President
CALIFORNIA ASSOCIATION OF REALTORS®

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New FHA guidelines coming: Purchase 1 year after “Economic Event”

November 15, 2013 By Roy Hernandez Leave a Comment

HUD headerRead the full article HERE

The financial crisis took its toll on Wall Street and Main Street alike.  Mistakes were made and bills went unpaid on both sides of the fence, but Main Street sees Wall Street bailouts and asks “where’s my bailout?”  Specifically with respect to the housing market, borrowers who have had bankruptcies, foreclosures, deeds-in-lieu, short-sales, or other adverse credit have heretofore been unable to quickly reestablish themselves as worthy borrowers.  That’s changing.

Late last week, The Department of Housing and Urban Development on Thursday unveiled a new set of guidelines under the FHA program specifically geared toward homeowners and prospective homeowners adversely impacted by the Great Recession.  The “Back to Work” program, as it’s called, doesn’t constitute a free pass for those who would otherwise be unable to qualify for financing, but it does reopen the housing market to a great many borrowers who would otherwise have been waiting for 3-7 years to tick off the clock–depending on their initial credit issue–before being able to qualify for a mortgage.  In FHA’s words:

“As a result of the recent recession many borrowers who experienced unemployment or other severe reductions in income, were unable to make their monthly mortgage payments, and ultimately lost their homes to a pre-foreclosure sale, deed-in-lieu, or foreclosure. Some borrowers were forced to file for bankruptcy to discharge or restructure their debts. Because of these recent recession-related periods of financial difficulty, borrowers’ credit has been negatively affected. FHA recognizes the hardships faced by these borrowers, and realizes that their credit histories may not fully reflect their true ability or propensity to repay a mortgage.”

The program will require prospective borrowers to thoroughly document the nature of the “Economic Event,” that it resulted in derogatory credit, and that there has been a satisfactory recovery from the Event per the new guidelines.

Lenders will consider the Economic Event to have caused the derogatory credit if:

  • The prospective borrowers had satisfactory credit prior to the event onset
  • The prospective borrowers’ derogatory credit occurred after the onset of the event
  • The prospective borrowers have reestablished satisfactory credit for at least 12 months since the the end of the event

Lenders will consider borrowers to have reestablished satisfactory credit if:

  • The borrower has no late housing or installment debt payments for the past 12 months
  • Open mortgage accounts are current and have been paid on time for the past 12 months
  • Borrowers have adhered to the agreement of any open modification plan for the past 12 months
  • Complete a course of Housing Counseling in person, via telephone, via internet, or other methods approved by HUD (who provides a list of Counseling agencies).

For the purposes of this program, an “Economic Event” is defined as “any occurrence beyond the borrower’s control that results in loss of employment, loss of income, or a combination of both, which causes a reduction in the borrower’s household income of twenty (20) percent or more for a period of at least six (6) months.  The Onset of an Economic Event is the month of loss of employment/income.”  Lenders will verify the reduction in income or loss of employment with at least one of the following:

  • A written termination notice
  • Other publicly available documentation of the business closure
  • Documentation of the receipt of Unemployment Income

Additionally, lenders have to verify a 20 percent loss of income due to the Economic Event by documenting borrowers’ income prior to the event.  This requirement can be satisfied either with a written “Verification of Employment” form with income details provided by the employer or signed tax returns (or W-2s).

Roy Hernandez header

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