Real Estate Updates…

November 8, 2009

 Home Buyer Tax Credit Expanded 

President Obama signed a bill last week extending and expanding the Federal Tax Credit for Home Buyers.  The tax credit will be extended through April 30, 2010, with a 60-day extension if a binding contract is in place prior to the deadline.

First-time home buyers will continue to receive a tax credit of up to $8,000, while existing homeowners will receive a reduced credit of up to $6,500. Existing homeowners will be eligible for the $6,500 if they have lived in their current residences for at least five years.

The bill also will increase the qualifying income limits from $75,000 for single tax filers and $150,000 for joint filers, to $125,000 and $225,000, respectively. The purchase price of the home is capped at $800,000. 

Under additional provisions in the bill, taxpayers can claim the credit on purchases completed in 2010 on their 2009 income tax returns. The bill maintains the provision that home buyers do not have to repay the credit provided the home remains their primary residence for 36 months after purchase, and waives this requirement for active duty military personnel who move due to a military order. 

Modified Loan Limits Extended

The U.S. Congress recently passed a congressional resolution extending through 2010 the current conforming loan limits of $417,000 for most areas in the U.S. and $729,750 for high-cost areas, including many in California.  The conforming loan limit determines the maximum size of a mortgage that Government Sponsored Enterprises (GSEs) Fannie Mae and Freddie Mac can buy or “guarantee.” Non-conforming or “jumbo loans” typically carry higher mortgage interest rates than conforming loans, increasing monthly payments and hampering the ability of families in California to purchase homes by making them less affordable. 

Who Pays For What?

September 23, 2009

Who pays for what in a real estate transaction varies from city to city. Most fees are negotiable, but often customs develop and become expectations. Here is what customarily happens in Alameda County:

Buyer Pays
Appraisal Fee
Credit Report
Escrow Fee
Home Inspection
Loan Origination Fees
Notary Fees
Prorated Property Taxes (from date of purchase)
Title Insurance
50% of County Transfer Tax (only in City of Alameda)
50% of the City Transfer Tax

Seller Pays
All Loan Balances secured by the property
Notary Fees
Pest Inspection
Pest Repairs (Section 1 items)
Prorated Property Taxes (to Close of Escrow)
Real Estate Commissions
Reconveyance Fee
Transfer Fees
100% of the County Transfer Tax (except City of Alameda is 50%)
50% of the City Transfer Tax 

TRANSFER TAXES
Every time a home is sold, the county and many cities charge a transfer tax. The amount of the transfer tax varies from city to city. The table below shows the transfer taxes in Alameda County as of September 2009.  The taxes are calculated at the rate shown for every $1000 of purchase price.

Location

Tax Rate

Alameda County

$1.10

   

Alameda City

$12.00

Albany 

$11.50

Berkeley 

$15.00

Hayward 

$4.50

Oakland 

$15.00

Piedmont 

$13.00

San Leandro 

$6.00

Richmond 

$7.00

To figure out how much transfer tax might be charged, let’s look at a couple of examples. Both homes are purchased for $500,000, one in Hayward and one in Oakland. Since the taxes are calculated per $1000 of purchase price, we’ll divide the purchase price by 1000 to get the multiplier.

$500,000 / $1000 = 500

#1 – A home purchased in Hayward for $500,000 will be charged a transfer tax of $2,800

Alameda County Transfer Tax     
500 x 1.10 = $550

Hayward City Transfer Tax
500 x 4.50 = $2,250

Total transfer tax paid at close of escrow
 $550 + 2,250 = $2,800

#2 – A home purchased in Oakland for $500,000 will be charged a transfer tax of $8,050

Alameda County Transfer Tax     
500 x $1.10 = $550

Oakland City Transfer Tax
500 x $15.00 = $7,500

Total transfer tax paid at close of escrow
 $550 + $7,500= $8,050

As you can see, the amount of transfer tax a city charges can dramatically change your costs at close of escrow. As described above, different cities have different customs for whether the seller or the buyer pays these taxes. Sometimes they are split between the buyer and the seller. This is a negotiable item on a residential purchase contract. Customarily the transfer taxes for these two cities would be split like this:

Hayward
Buyer Pays $1,125
Seller Pays $1,675

Oakland
Buyer Pays $3,750
Seller Pays $4,300

The actual taxes you are paying will be itemized on the closing statement you receive from your title company. You will receive estimated closing statements in advance of the date you close escrow. It is a good idea to review this statement so you can prepare for closing and ask for clarification of any charges that you don’t expect or don’t understand.

Buyer Closing Costs

September 23, 2009

Ever wonder what closing costs are? To buyers, they often seem like a black hole. It is an important item to budget for when buying a home. The quick answer is to budget 3% of the purchase price. Read on for more detail.

Closing costs are the fees you pay in addition to your down payment. These fees are paid when your escrow closes and are paid out of the escrow account. So what makes up closing costs? They are the costs associated with escrow and title, financing, government mandated taxes and recording fees.  I’ll explain each of these areas. For the purpose of this discussion, we’ll use a purchase price of $500,000 and a 20% down payment, which is $100,000.

ESCROW & TITLE

Escrow and title are two different functions that are performed by the same entity here in Northern California. The escrow company is a neutral third party that holds all the money for the transaction and only distributes the money when they receive the same instructions from all parties involved. It is your protection that the seller won’t take your money and run. Escrow is opened by your real estate agent and closes when all money deposited in the escrow account has been paid out. Escrow fees are based on the purchase price. For this example I’ll use $800. There are also smaller fees for notary, courier, endorsements, etc. which for our example I’ll use $125.

Title is a general term used to describe two important functions, a title search and title insurance. A title search of the property assures that the owner really owns the property and can legally transfer title to you. Title insurance is an insurance policy you purchase for yourself and your lender to protect you from any possible claims related to who owns the property. This can include items like contractor liens, property boundary lines, easements and unrecorded deeds. The cost for the buyer’s policy is based upon the purchase price of the home and varies depending on the coverage you choose. The cost of the lender’s policy is based upon the loan amount. The buyer pays for both policies. I’ll use $1700 for this example. In total Title and Escrow fees for this example are $2625.

FINANCING FEES

Financing fees include the lender fee, appraisal, discount points, flood check fee, tax service fee, impound account deposits, insurance, interest, etc.  The lender fee is the money you pay the loan officer for helping you get the loan. Generally these fees run $800 – $1000. I’ll use $800 for this example.

The appraisal is an independent assessment of the home’s value, so the lender can be sure they are not loaning more than the home is worth. Figure $400 for the appraisal. Discount points are optional and buyers often choose to pay them to reduce the interest rate on their loan and subsequently their monthly payments. 1 point is 1% of the loan amount. Let’s assume the buyer of this home is paying 1 point, so that will be a $4000 charge. Flood check fees and tax service fees are small. I’ll use $100 for both.

Impound accounts are like savings accounts that the lender keeps for some buyers. The lender charges you more than your loan payment each month and puts this money into the impound account. This is used to pay your homeowners insurance and property taxes. It works out nicely for new homeowners, because you don’t have a large payment to make few times a year and you often get a reduced interest rate on your loan when you agree to have an impound account.

Generally the lender wants 3 months of homeowners insurance payments paid into the impound account at close of escrow, say $150. The amount of property taxes you must pay into the impound account varies depending upon the time of the year you purchase. For the purpose of this discussion, let’s say the buyer must pay 3 months of taxes or $1500.

Be aware, the money you pay into your impound account for homeowners insurance will be used to pay your second year of homeowner’s insurance. You still have to pay for the first year’s premium. This is paid in advance out of escrow. I’ll add $600 for this example.

The last most common financing associated fee is interest. You need to pay interest on the money from the time it is deposited in escrow by your lender until the time your first loan payment begins paying the interest. This amount will vary depending upon the time of the month that escrow closes.  Let’s assume this buyer must pay 15 days of interest and has a 6% interest rate. That would be about $985. That brings our grand total for loan associated fees to $8,535.

TRANSFER TAXES AND RECORDING FEES

Lastly, there are government mandated taxes and recording fees. In Alameda, both the city and the county charge transfer taxes at the time of sale. Think of it like sales tax. The county charges $1.10 for every $1000 of purchase price. The city charges $12 per $1000. These amounts are customarily split 50/50 with the seller. So for this purchase the buyer will pay $3,275. Recording fees vary. I’ll use $100 for this example. This brings our grand total for government taxes and fees to $3375.

IN SUMMARY

$3,025  Title & Escrow associated fees
$8,535  Financing associated fees
$3,375  Government associated fees

$14,535  Total Closing Costs (3% of $500,000 is $1,500, so this is a good rule of thumb)

Remember this money for closing costs is paid in addition to the down payment, which in this example is $100K. So the total amount of cash this buyer would need to purchase a $500,000 home is $114,935.

Many factors can affect closing costs. Sometimes buyers negotiate with sellers to pay some or all of these costs. Your real estate agent can help you sort through all these costs and help you negotiate the best possible solution for your unique situation.

Look for my blog article entitled “Who Pays For What“ for the various costs in different cities.

Identity Theft, Beware…

August 17, 2009

We hear warnings about identity theft. We hear about it being reported to the police. We hear about people spending years cleaning up their credit report after being victims. Well, it recently happened that one of my clients discovered she was a victim of identity theft.

We’d been looking for a house for her for some time. Finally “the perfect” house arrived on the market. In preparation for submitting an offer, I requested a pre-approval letter from her lender. When it didn’t arrive, I sounded the alarm with my client. She called me back and said her credit report showed that her debts were higher than her assets. Only this did not make any sense to her, thud… That awful thud of recognition.

Many people know they can check their credit report for free once a year with the 3 major credit reporting agencies. But a helpful tip I heard recently was to check your credit report with one of the 3 companies every 4 months. That way you can check your credit report more frequently and are more likely to catch a suspicious transaction sooner. I asked my client how long it had been since she checked her credit report and she said she thought it had been a few years.

I checked out the Federal Trade Commission’s website on identity theft and found the following information:

FIGHTING BACK AGAINST IDENTITY THEFT

COMMON WAYS ID THEFT HAPPENS:

Skilled identity thieves use a variety of methods to steal your personal information, including:

  1. Dumpster Diving. They rummage through trash looking for bills or other paper with your personal information on it.
  2. Skimming. They steal credit/debit card numbers by using a special storage device when processing your card.
  3. Phishing. They pretend to be financial institutions or companies and send spam or pop-up messages to get you to reveal your personal information.
  4. Changing Your Address. They divert your billing statements to another location by completing a “change of address” form.
  5. “Old-Fashioned” Stealing. They steal wallets and purses; mail, including bank and credit card statements; pre-approved credit offers; and new checks or tax information. They steal personnel records from their employers, or bribe employees who have access.

DETER

Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and ruin your good name.

Deter identity thieves by safeguarding your information.

  • Shred financial documents and paperwork with personal information before you discard them.
  • Protect your Social Security number. Don’t carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
  • Don’t give out personal information on the phone, through the mail, or over the Internet unless you know who you are dealing with.
  • Never click on links sent in unsolicited emails; instead, type in a web address you know. Use firewalls, anti-spyware, and anti-virus software to protect your home computer; keep them up-to-date. Visit OnGuardOnline.gov for more information.
  • Don’t use an obvious password like your birth date, your mother’s maiden name, or the last four digits of your Social Security number.
  • Keep your personal information in a secure place at home, especially if you have roommates, employ outside help, or are having work done in your house.

DETECT

Detect suspicious activity by routinely monitoring your financial accounts and billing statements.

Be alert to signs that require immediate attention:

  • Bills that do not arrive as expected
  • Unexpected credit cards or account statements
  • Denials of credit for no apparent reason
  • Calls or letters about purchases you did not make

Inspect:

  • Your credit report. Credit reports contain information about you, including what accounts you have and your bill paying history.
    • The law requires the major nationwide consumer reporting companies—Equifax, Experian, and TransUnion—to give you a free copy of your credit report each year if you ask for it.
    • Visit www.AnnualCreditReport.com or call 1-877-322-8228, a service created by these three companies, to order your free credit reports each year. You also can write: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
  • Your financial statements. Review financial accounts and billing statements regularly, looking for charges you did not make. 

DEFEND

Defend against ID theft as soon as you suspect it.

  • Place a “Fraud Alert” on your credit reports, and review the reports carefully. The alert tells creditors to follow certain procedures before they open new accounts in your name or make changes to your existing accounts. The three nationwide consumer reporting companies have toll-free numbers for placing an initial 90-day fraud alert; a call to one company is sufficient:
    • Equifax: 1-800-525-6285
    • Experian: 1-888-EXPERIAN (397-3742)
    • TransUnion: 1-800-680-7289

    Placing a fraud alert entitles you to free copies of your credit reports. Look for inquiries from companies you haven’t
    contacted, accounts you didn’t open, and debts on your accounts that you can’t explain. 

  • Close accounts. Close any accounts that have been tampered with or established fraudulently.
    • Call the security or fraud departments of each company where an account was opened or changed without your okay. Follow up in writing, with copies of supporting documents.
    • Use the ID Theft Affidavit at ftc.gov/idtheft to support your written statement.
    • Ask for verification that the disputed account has been closed and the fraudulent debts discharged.
    • Keep copies of documents and records of your conversations about the theft.
  • File a police report. File a report with law enforcement officials to help you with creditors who may want proof of the crime.
  • Report the theft to the Federal Trade Commission. Your report helps law enforcement officials across the country in their investigations.
    • Online: ftc.gov/idtheft
    • By phone: 1-877-ID-THEFT (438-4338) or TTY, 1-866-653-4261
    • By mail: Identity Theft Clearinghouse, Federal Trade Commission, Washington, DC 20580

To learn more about ID theft and how to deter, detect, and defend against it, visit ftc.gov/idtheft. Or request copies of ID theft resources by writing to:

Consumer Response Center
Federal Trade Commission
600 Pennsylvania Ave., NW, H-130
Washington, DC 20580

My thanks to the FTC for this very helpful publication.

Foreclosures Increase In July

August 13, 2009

You may have noticed in the news today items about the increase in foreclosures in July, 7% more than in June. All the news I have read point to an increase in foreclosures and ongoing foreclosures for the next couple of years.

The interesting thing to me is this phenomenon called the “shadow inventory.” There was an article in the San Francisco Chronicle about it a few months back. This refers to the homes that have been repossessed by the banks, but have not been put on the market for sale. There is a growing number of these properties.

At the recent Real Estate Connect SF conference that I attended there was talk about this shadow inventory. The gist of it was that the banks can’t afford to sell the houses. Think about this… if a bank owns a property in which it has $500K invested, the property has a book value of $500K. If the actual market value of the property is $250K, the bank will have to write-off a quarter of a million dollars when it sells the home. It does not take too many home sales like this to add up to a huge loss for the bank.

Another factor, last year banks placed so many homes on the market that home values slid down a very slippery slope to record lows. So this is a second really good reason for banks to hold onto properties until the time is right to sell.

New FHA Rules for Condos

August 12, 2009

FHA has just issued new guidelines for condominium projects and it could have a big impact on buyers and sellers of condominiums.

Beginning October 1st, 2009 FHA will void all condo project approvals that were done before October 1st, 2008. What this means is that FHA will not loan money for a buyer to purchase a previously approved, but now unapproved condo until the condo project is re-approved. Additionally, FHA will no longer perform “spot approvals”, which used to speed up the approval process.

According to my sources the approval process is currently taking 6-8 weeks and the cost will be at least $2000.

Another new requirement in the FHA guidelines is that only 30% of the loans in any project may be FHA loans. Let’s think about this… Condos are the entry level property for many buyers. With FHA’s attactive loan product that requires only a 3.5% down payment, it is often the best and only loan product for first-time home buyers. Now, if a condo project has 100 units, then only 33 of those units will be allowed to have FHA loans under the new guidelines. Does that mean if 75% of the existing loans are FHA, that potential buyers will have to wait until most of those existing loans are converted to a non-FHA loans? What is going to happen to affordable housing?

I’ll update this blog as I learn more. But for now I’m very concerned about the value of condominium projects and the ability of first-time home buyers to find affordable housing.

One final word, these new guidelines do not apply to Planned Unit Developments or Townhome developements where the owner owns the unit and the ground under the unit. This is true even if the property is in a homeowners association.

Kidpower Discovered

August 12, 2009

I’ve known about Kidpower, the Santa Cruz based non-profit, for some time. But just last weekend I attended one of their family workshops in Berkeley with my family. It was really a wonderful experience.

As a parent, I often struggle with walking a fine line between keeping my son safe and not scaring him. How does one talk to children about inappropriate touching or bullying? Well, Kidpower knows how. They make it fun and simple.

We all learned, kids and adults alike, how to do all sorts of things from setting boundaries to physically fighting off an attacker. They keep it appropriate for the age of the children and give us all kinds of useful techniques that we actually practice in the class.

The instructors are kind and gentle and guide students through the exercises using success-based coaching techniques. I was really impressed.

Check them out at www.kidpower.org

Hello World!

August 7, 2009

This is my first post in my blog. I started this blog to provide you useful information and to give you the ability to learn where I stand, as a human being, as a resident of the east bay and as a real estate agent. Please email me with any questions or comments you have about my blog. I love hearing from you.


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