Sunday, December 15, 2013

IRS and CA Franchise Tax Board Clarify Mortgage Debt


California Association of Realtors

December 4, 2013

IRS and California Franchise Tax Board declare California distressed home sellers not liable for federal or state income tax on short sales

LOS ANGELES (Dec. 4) – The CALIFORNIA ASSOCIATION OF REALTORS®’ (C.A.R.) announced today it received a letter from the California Franchise Tax Board (FTB), obtained by Board of Equalization (BOE) member George Runner, 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,” said C.A.R. President Kevin Brown.  “We would like to thank Sen. Boxer and BOE member 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.”
Leading the way…® in California real estate for more than 100 years, the CALIFORNIA ASSOCIATION OF REALTORS® (www.car.org) is one of the largest state trade organizations in the United States with 165,000 members dedicated to the advancement of professionalism in real estate. C.A.R. is headquartered in Los Angeles.

Saturday, December 14, 2013

Insight: A New Wave of U.S. Mortgage Trouble Threatens

by Peter Rudegeair, MSN Money

November 26, 2013


(Reuters) - U.S. borrowers are increasingly missing payments on home equity lines of credit they took out during the housing bubble, a trend that could deal another blow to the country's biggest banks.
The loans are a problem now because an increasing number are hitting their 10-year anniversary, at which point borrowers usually must start paying down the principal on the loans as well as the interest they had been paying all along.
More than $221 billion of these loans at the largest banks will hit this mark over the next four years, about 40 percent of the home equity lines of credit now outstanding.
For a typical consumer, that shift can translate to their monthly payment more than tripling, a particular burden for the subprime borrowers that often took out these loans. And payments will rise further when the Federal Reserve starts to hike rates, because the loans usually carry floating interest rates.
The number of borrowers missing payments around the 10-year point can double in their eleventh year, data from consumer credit agency Equifax shows. When the loans go bad, banks can lose an eye-popping 90 cents on the dollar, because a home equity line of credit is usually the second mortgage a borrower has. If the bank forecloses, most of the proceeds of the sale pay off the main mortgage, leaving little for the home equity lender.
There are scenarios where everything works out fine. For example, if economic growth picks up, and home prices rise, borrowers may be able to refinance their main mortgage and their home equity lines of credit into a single new fixed-rate loan. Some borrowers would also be able to repay their loans by selling their homes into a strengthening market.
ONCE USED LIKE CREDIT CARDS
But some regulators, rating agencies, and analysts are alarmed. The U.S. Office of the Comptroller of the Currency, a regulator overseeing national banks, has been warning banks about the risk of home equity lines since the spring of 2012. It is pressing banks to quantify their risks and minimize them where possible.
At a conference last month in Washington, DC, Amy Crews Cutts, the chief economist at consumer credit agency Equifax, told mortgage bankers that an increase in tens of thousands of homeowners' monthly payments on these home equity lines is a pending "wave of disaster."
Banks marketed home equity lines of credit aggressively before the housing bubble burst, and consumers were all too happy to use these loans like a cheaper version of credit card debt, paying for vacations and cars.
The big banks, including Bank of America Corp, Wells Fargo & Co, Citigroup Inc, and JPMorgan Chase & Co have more than $10 billion of these home equity lines of credit on their books each, and in some cases much more than that.
How bad home equity lines of credit end up being for banks will hinge on the percentage of loans that default. Analysts struggle to forecast that number.
In the best case scenario, losses will edge higher from current levels, and will be entirely manageable. But the worst case scenario for some banks could be bad, eating deeply into their earnings and potentially cutting into their equity levels at a time when banks are under pressure to boost capital levels.
"We just don't know how close people are until they ultimately do hit delinquencies," said Darrin Benhart, the deputy comptroller for credit and market risk at the Office of the Comptroller of the Currency. Banks can get some idea from updated credit scores, but "it's difficult to ferret that risk out," he said.
What is happening with home equity lines of credit illustrates how the mortgage bubble that formed in the years before the financial crisis is still hurting banks, even seven years after it burst. By many measures the mortgage market has yet to recover: The federal government still backs nine out of every ten home loans, 4.6 million foreclosures have been completed, and borrowers with excellent credit scores are still being denied loans.
NO EASY WAY OUT
Banks have some options for reducing their losses. They can encourage borrowers to sign up for a workout program if they will not be able to make their payments. In some cases, they can change the terms of the lines of credit to allow borrowers to pay only interest on their loans for a longer period, or to take longer to repay principal.
A Bank of America spokesman said in a statement that the bank is reaching out to customers more than a year before they have to start repaying principal on their loans, to explain options for refinancing or modifying their loans.
But these measures will only help so much, said Crews Cutts.
"There's no easy out on this," she said.
Between the end of 2003 and the end of 2007, outstanding debt on banks' home equity lines of credit jumped by 77 percent, to $611.4 billion from $346.1 billion, according to FDIC data, and while not every loan requires borrowers to start repaying principal after ten years, most do. These loans were attractive to banks during the housing boom, in part because lenders thought they could rely on the collateral value of the home to keep rising.
"These are very profitable at the beginning. People will take out these lines and make the early payments that are due," said Anthony Sanders, a professor of real estate finance at George Mason University who used to be a mortgage bond analyst at Deutsche Bank.
But after 10 years, a consumer with a $30,000 home equity line of credit and an initial interest rate of 3.25 percent would see their required payment jumping to $293.16 from $81.25, analysts from Fitch Ratings calculate.
That's why the loans are starting to look problematic: For home equity lines of credit made in 2003, missed payments have already started jumping.
Borrowers are delinquent on about 5.6 percent of loans made in 2003 that have hit their 10-year mark, Equifax data show, a figure that the agency estimates could rise to around 6 percent this year. That's a big jump from 2012, when delinquencies for loans from 2003 were closer to 3 percent.
This scenario will be increasingly common in the coming years: in 2014, borrowers on $29 billion of these loans at the biggest banks will see their monthly payment jump, followed by $53 billion in 2015, $66 billion in 2016, and $73 billion in 2017.
The Federal Reserve could start raising rates as soon as July 2015, interest-rate futures markets show, which would also lift borrowers' monthly payments. The rising payments that consumers face "is the single largest risk that impacts the home equity book in Citi Holdings," Citigroup finance chief John Gerspach said on an October 16 conference call with analysts.
A high percentage of home equity lines of credit went to people with bad credit to begin with — over 16 percent of the home equity loans made in 2006, for example, went to people with credit scores below 659, seen by many banks as the dividing line between prime and subprime. In 2001, about 12 percent of home equity borrowers were subprime.
Banks are still getting hit by other mortgage problems too, most notably on the legal front. JPMorgan Chase & Co last week agreed to a $13 billion settlement with the U.S. government over charges it overstated the quality of home loans it sold to investors.
TIP OF THE ICEBERG
Banks have differing exposure, and disclose varying levels of information, making it difficult to figure which is most exposed. The majority of home equity lines of credit are held by the biggest banks, said the OCC's Benhart.
At Bank of America, around $8 billion in outstanding home equity balances will reset before 2015 and another $57 billion will reset afterwards but it is unclear which years will have the highest number of resets. JPMorgan Chase said in an October regulatory filing that $9 billion will reset before 2015 and after 2017 and another $22 billion will reset in the intervening years.
At Wells Fargo, $4.5 billion of home equity balances will reset in 2014 and another $25.9 billion will reset between 2015 and 2017. At Citigroup, $1.3 billion in home equity lines of credit will reset in 2014 and another $14.8 billion will reset between 2015 and 2017.
Bank of America said that 9 percent of its outstanding home equity lines of credit that have reset were not performing. That kind of a figure would likely be manageable for big banks. But if home equity delinquencies rise to subprime-mortgage-like levels, it could spell trouble.
In terms of loan losses, "What we've seen so far is the tip of the iceberg. It's relatively low in relation to what's coming," Equifax's Crews Cuts said.
(Reporting by Peter Rudegeair in New York; Editing by Daniel Wilchins, Martin Howell and Tim Dobbyn)
(c) Copyright Thomson Reuters 2013. 

Friday, December 13, 2013

Conforming Loan Limits Stay Put for 2014, Including High Cost Areas

by Jann Swanson, Mortgage News Daily
November 26, 2013

Whether because of the uproar from some members of Congress, the Mortgage Bankers Association, National Association of Realtors, and other industry players or not, Edward J. DeMarco, Acting Director of the Federal Housing Finance Agency (FHFA) has left loan limits for Fannie Mae and Freddie Mac unchanged for the coming year

In a press release on Tuesday DeMarco said that the maximum conforming loan limits for mortgages acquired or guaranteed by the two government sponsored enterprises (GSEs) will remain at $417,000 for one-unit properties in most areas of the country.  Some high costs areas such as Washington, DC, New York, Boston, and large parts of California are exemptfrom the $417,000 ceiling with limits that range as high as $625,000.  This upper limit is also unchanged

It is possible there are areas that have previously fallen into the jumbo mortgage category between the two loan limits that may now be capped at the national limit or have experienced some changes in maximums depending on local calculations. 

DeMarco had announced in late summer that he would roll back the limits to a lower level for the coming year as another step in reducing the influence of the GSEs in the mortgage market and encouraging greater participation by the private sector.  The industry groups above and others sent letters both to FHFA and to Congress protesting any downward revisions as potentially harmful to homebuyers, refinancers, and the housing market recovery. 

Loan limits are changed each year according to a formula which takes into account median prices in local areas.  The limits have been unchanged for several years because of emergency regulations put in place in response to the housing crisis and changes that lower limits are usually the province of Congress.

A link to a spreadsheet with a county by county breakdown of the new limits is available at www.FHFA.gov.

Thursday, December 12, 2013

Santa Barbara Real Estate Through the End of October 2013 for Montecito, Hope Ranch, Santa Barbara, Goleta, Carpinteria and Summerland


by Gary Woods


This is an analysis of the Santa Barbara Real Estate market including Carpinteria/Summerland, Montecito, Hope Ranch, downtown Santa Barbara and Goleta through the month of October 2013.  For the Home Estate/PUD market the numbers of sales fell from the previous month to 90 in October dropping from 107 in September and 121 in August. The Median Sales Price rose for the month however to $941,499 in October from $922,500 in September but down from $1,069,000 in August.  The opened escrows also fell in October to 83 from 95 in September and 110 in August while the median list price on those escrows fell from $975,000 in September to $879,000 in October. There were 100 new listings that came on the market in October with a median list price of approximately $1.2 million and an average list price of just about $1.5 million which left the overall inventory fall from 337 units for sale in September to about 320 in October.

                Year over year sales are up about 3% with the median sales price up to about $940,000 for approximately an 18% rise. The average sales price is also up going from about $1.35 million in 2012 to approximately $1.42 million in 2013 for a 5% rise while the numbers of escrows are down with 1,113 in ’12 to 1,088 in ‘13 with the median list price on those escrows up about 15% to approximately $950,000.

Looking at the Districts, Carpinteria/Summerland sales are up from 71 to 92 and the median sales price is up from $732,000 to $850,000. The numbers of escrows are also up from 75 to 98 with the median list price on those escrows rising from $797,500 last year to $860,950 this year. 

             For Montecito, sales are down going from 219 to 198 with the median sales price rising from $1.835 million to $2.438 million. Escrows are also down going from 246 to 203 but the median list price on those escrows is up from $1.997 million to $2.495 million. 

                East of State St sales are down going from 282 in ’12 to 273 in ‘13 but the median sales price is up from $872,500 to $967,500. The escrows went down from 288 to 281 with the median list price on those escrows rising from $898,000 last year to $999,000 this year. 

                West of State St sales are up from 219 to 236 and the median sales price is up from $700,000 to $879,000. The numbers of escrows are up with 250 in ’12 compared to 252 in ‘13 and the median list price on those escrows is up from $700,000 last year to $895,000 this year. 

                Hope Ranch sales are up from 26 to 27 but the median sales price is down from $2.057 million to $2.01 million. The numbers of escrows are down with 27 last year compared to 25 this year and the median list price on those escrows is up from $2.3 million in ’12 to $2.425 million in ‘13. 

                Goleta South sales are down with 103 last year and 101 this year but the median sales price is up from $626,100 to $729,000. The numbers of escrows are down from 120 to 93 with the median list price on those escrows rising from $669,000 to $719,000. 

                Goleta North sales are up with 181 in ’12 and 182 in ’13 with the median sales price rising from $612,500 to $775,000. The numbers of escrows are also up from 180 to 183 with the median list price on those escrows going from $615,000 to $788,700.


For the Condo segment of the market sales fell to 30 in October down from 35 in September and 49 in August. The median sales price also fell from $539,000 in September to $512,000 in October while the numbers of escrows stayed steady from 31 in September to 31 in October with the median list price on those escrows also remaining where it was in the previous month from $529,000 in September to $525,000 in October.

There were about 50 new condo listings that came on the market for the month with a median list price of about $555,000 rising from $514,500 and an average list price of approximately $685,000 rising from about $615,000 in September while the overall inventory rose in October from about 95 units for sale in September to approximately 110 in October.
Looking at the Districts, Carpinteria/Summerland sales are up from 49 to 76 with the median sales price rising from $369,000 to $441,000. The numbers of escrows are also up from 53 last year to 72 this year and the median list price on those escrows is up from $392,250 to $449,900.

Montecito condo sales are up with 23 in ’12 and 26 in ‘13 but the median sales price is down from $1,010,000 to $995,000.The numbers of escrows are up with 27 in ’12 and 28 in ‘13 while the median list price on those escrows is down from $1,195,000 in ’12 to $1,147,500 in ‘13.

East of State St sales are down from 118 to 86 with the median sales price rising from $495,000 to $568,500. The numbers of escrows are also down going from 150 to 84 with the median list price on those escrows also down from $589,000 last year to $580,000 this year.

West of State St sales are up from 78 to 94 with the median sales price rising from $375,650 to $542,500. The escrows went up from 83 to 97 with the median list price on those escrows going from $413,500 to $553,500.

  Goleta South sales are up from 56 to 60 with the median sales price up from $293,950 to $442,500. The numbers of escrows are also up with 60 in ’12 and 66 in ‘13 with the median list price on those escrows up from $314,950 last year to $449,000 this year.

Goleta North sales are down from 52 to 47 with the median sales price up from $349,000 to $419,000. The escrows are down however from 59 to 42 with the median list price on those escrows going up from $367,000 to $425,000.

Through the end of October sales of single family homes are up about 3% from ’12 while the median sales price for those homes is up about 18%. For condos, sales are also up approximately 4% with the median sales price up over 27%. Of the single family homes that sold for the month roughly 30% of those sales were over the asking price and for condos that number was about 18%.  The average over asking price for homes that sold rose to about 8% and for condos that number was about 2.5%. Sales went down in October as well as escrows but the median sales price went up to about $940,000. Despite the decline of sales and escrows in October the rest of 2013 should remain strong.