Sellers

Appraiser Can’t Find Comps

Appraiser Can’t Find Comps

I received a phone call from Kevin, a local appraiser here in San Diego yesterday who wanted some information on a listing I had recently closed. Not too strange of a phone call, right? He wanted to know condition, any special features, confirm there were no concessions…Of course I helped him out. I would want someone to do the same for one of my buyers trying to obtain a loan.

Then he dropped it on me. Words I have not heard for a LONG time. “I am having difficulty coming up with comps for this property I am appraising……everything I find has sold much higher than the property I need to appraise!”

“KEVIN!” I said, “You may just have to give it a value that is HIGHER than the sales price!” He actually sounded a little stressed. “I know, I think I may have to…” Not too bad of a problem for anyone other than the seller and seller’s agent really. Maybe they needed a quick sale.

GO KEVIN!

Things are looking up when the Appraiser Can’t Find Comps because sales in the area are higher! Haven’t heard that one in a while!

Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to Subscribe to All Possibilities Throughout San Diego or contact me at 619-838-4408. 

                                                     

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Reclaim your security deposit: 10 ways for tenants to ensure a money-back move-out – 4Malibu.com

This is a great article on things you can do to ensure getting your security deposit back.

Landlords and Property Managers take note as well. It is a good idea to do an initial walk through with renters. Bring a checklist, go over conditions and note any discrepancies. Both parties should sign and acknowledge.

Then, once the tenant gives notice they are leaving, a move out walk through can be done. Bring the move in checklist and compare! See what areas may need attention. This gives both parties the opportunity to review the condition of the property so there are no questions.

The security deposit is requested to protect the property in case of damages. Neither party wants to have to use it!

Via Bobby Lehmkuhl (Broker Associate / Pritchett-Rapf Realtors):

Malibu Real Estate 


The Malibu Real Estate Resource Guide

Malibu California Real Estate ׀ Malibu Homes for Sale & Lease ׀ Malibu Land


Reclaim your security deposit: 10 ways for tenants to ensure a money-back move-out

Getting back a security deposit is no small matter; for most people it’s several hundred dollars that will help them settle into a new place. Here are 10 tips for getting back your deposit, in the order they should occur while renting:

1. Make a move-in checklist. Do a walk-through of the unit, noting any damage, such as carpet stains, damp spots on the ceiling or missing outlet covers. Turn on the appliances, flush the toilets and run the faucets. Photograph the unit, then give your landlord a copy of the checklist and photos. In the unlikely event you have to go to court to seek your security deposit, you’ll need them.

2. Ask permission before making changes. Some landlords are adamant about tenants not changing the unit; others don’t mind as long as it’s back to its original condition on move-out. Even though you believe yourself to be a skilled painter or interior designer, not everyone will share your taste, so ask before you redecorate.

3. Report problems promptly. If you wait until move-out, you may be charged for damage caused by unreported problems, such as leaking toilets. Repairs at short notice will cost more to undertake, which will be reflected in the amount deducted from the security deposit.

4. Return the unit to its original condition, or better. This is the top reason that people get charges against their security deposits. You’re supposed to leave the house in the exact same condition or better than it was when you moved in.

5. Re-read your lease. This is a legally binding contract, and laws vary widely. A month before you give notice to move out, read the lease in full. Review the information on your security deposit, especially any fees that may apply.

6. Give the required notice. If your lease says you must give 60 days’ notice in writing, a phone call as you’re walking out the door won’t cut it. And if you leave before the lease is up, don’t expect the landlord to take your security deposit as the last month’s rent.

7. Do another walk-through.Get out your move-in checklist and schedule a walk-through with the landlord, Cronrod says, to show that the unit has been left in the same condition as when you moved in. Take pictures again. If you have to fight for your deposit, you’ll have proof to back up your claim.

8. Return the keys.This is a common charge deducted from security deposits, Sygit says. Deliver them in person and get a receipt.

9. Don’t leave anything behind. This includes clothes, furniture, food and trash.

10. Provide a forwarding address. Tenants are not entitled to their deposit upon moving out. Many state laws give landlords up to 30 days to return a security deposit – meaning a current address is crucial to receiving your deposit money.

If the landlord doesn’t return your security deposit, and you believe you are entitled to it, take your case to small claims court. Most states require that the landlord list the expenses that are deducted from your deposit. If the charges are in error, if your pictures prove that [the unit] was like that when you moved in, if you have receipts for all your rent payments, go for it. Rip-off landlords need that feedback.


Bobby Lehmkuhl ׀ Bobby@4Malibu.com׀ 310.365.7696 ׀ Broker Lic. #01457517

Danielle Dutcher ׀ Danielle@4Malibu.com׀ 805.341.8769 ׀ Broker Lic. #01463653


Material discussed is meant for general illustration and/or informational purposes only and it is not to be construed as tax, legal, or investment advice. Although information has been gathered from sources believed to be reliable, please note that individual situations can vary, therefore, please consult a professional for specific advice.


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Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to subscribe to my blog or contact me at 619-838-4408.

FHA Policy Changes-How This Affects You

On January 21, 2010 FHA announced one of the many policy changes that will affect home buyers. How will these changes affect you? Let’s take a moment to review.

In the mortgagee letter released on January 21, the first change to be implemented will be the increase of the Upfront Mortgage Insurance premium from 1.75% to 2.25%. This will affect any loan application with an FHA Case Number issued on April 5, 2010 or after. This increase in mortgage insurance premiums has been set in place to cushion against rising defaults on FHA insured loans. This money will enable the department to increase their reserves while protecting taxpayers from another bailout of a failing agency.

The amount of the Upfront Mortgage Insurance Premium will still be financed into the loan amount, however, it will increase the monthly payments as the amount borrowed will increase. This will have a small affect on qualifying. For example, on a $250,000 loan, currently the Upfront Mortgage Insurance Premium would be $4375 and after April 5 would increase to $5625.

Additionally, FHA has announced there will be changes which will be implemented by summer on the following items. The mortgagee letter clarifying the changes has not yet been released, but is expected in February.

  • Seller concessions will decrease to 3% from the current 6% (this will affect the ability to credit higher amounts for closing costs)
  • Credit score requirements for borrowers with scores lower than 580 or no score will be required to put down a minimum of 10%. However, most lenders currently require a credit score of 620
  • Increase of the Monthly Mortgage Insurance (MMI) premium. Currently the MMI is .5% of the loan amount and discussions within FHA are to increase these premiums. For further questions on Mortgage Insurance, see my post on What is PMI?

In addition to these changes, FHA has placed stricter requirements on Lenders making FHA loans to ensure that Lenders are making good credit decisions. FHA will monitor the default rates of loans originated by approved lenders and if the lender is exceeding default limits, their FHA approval will be revoked.

All in all, how will these changes affect you? The increase in Mortgage Insurance and proposed change in MMI will have a small impact on qualifying due to a minimal increase in payment. The seller concessions decreasing will affect the ability to negotiate the payment of closing costs by the seller, but in the big picture, it will also protect the consumer from inflated home values, as usually the concessions were worked into the purchase price of the home.

The good news is most of these changes are a bit in the future! In order to take advantage of the tax credit, you must be in contract before April 30th and close no later than June 30th 2010. So avoid all of the changes, take advantage of the tax credit and find your dream home today!

Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to subscribe to my blog or contact me at 619-838-4408.

Looking for Money?

Looking for money? Well of COURSE Stephanie, who ISN’T looking for money? Well, if you are a California Home Buyer looking for money to assist with down payment or closing costs, you are in luck! There is money available for you!

The National Homebuyer’s Fund Inc. has put together a program for California residents to assist buyers in purchasing a home by providing money that may be used for a down payment and closing costs. This program is called ACCESS.

Check out the highlights:

  • Funds available up to 3% of the sales price in the form of a 2nd trust deed amortized over 15 years at a fixed rate of 8.25%
  • FHA first with up to 96.5% loan to value combined with ACCESS 2nd for a combined loan to value of 99.5%
  • No additional buyer contributions required
  • No recapture tax if home is sold later
  • No first time home buyer restrictions
  • Seller can still pay all closing costs up to 6%
  • Gift funds allowed
  • No minimum FICO requirements for 2nd trust deed
  • No reserve requirements
  • Homebuyer Education required

Here you thought you could not own a home because you have no money! Well, stop looking for money! The ACCESS program may be just the thing you have been looking for if you have been looking for money!

Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to subscribe to my blog or contact me at 619-838-4408.

Mortgage Guideline Changes – A Summary Of Changes Over The Last Few Years That Consumers Need To Know

Mortgage Guidelines have changed dramatically over the last few years and John Jones has provided a fantastic summary of the changes that have occurred over the last few years. This is valuable information I thought should be shared.

Via John Jones (Keller Williams Elite, Dallas/Park Cities):

Since the beginning of the financial crisis, several significant changes have occured with mortgage guidelinesA summary of these mortgage guideline changes is imperative to helping consumers understand what changes that have taken place over the last few years may affect their ability to obtain a new mortgage loan

Contrary to popular belief, the guideline changes have involved a lot more than just higher credit score requirements.  In fact, one could argue that credit scores have perhaps been the least significant factor that has changed.   This assumption is perhaps my biggest reason for writing this article.  Many buyers I encounter today, especially those who monitor their credit score and know they have good credit, are under the false impression that mortgage guidelines are essentially the same as they were a few years ago with the exception of higher credit score requirements.  This leads them to assume that they will automatically be approved for a loan. 

Perhaps they were able to obtain a mortgage quite easily a few years ago, or perhaps they simply do not understand that credit score is only one of a long list of factors that mortgage lenders consider.  The main reason for their misunderstanding is because the media has oversimplified the complexity of the mortgage crisis and constantly portrays it as being caused by “banks giving loans to people with bad credit”.   So it’s logical to most people to conclude that credit score requirements have been the only factors that have changed. 

Unfortunately this is far from the case.  That doesn’t mean that it’s impossible to get a loan nowadays, but buyers need to be aware of the other changes that have taken place with mortgage guidelines.  Simply having a good credit score no longer guarantees a loan approval like it did a few years ago

The subprime mortgage market at one point made up more than half of the mortgage market in the US.  Today, it accounts for just a small percentage.  Fannie Mae, Freddie Mac and Ginnie Mae now account for over 90% of the mortgage market, with the remaining share consisting largely of jumbo loans held in bank portfolio and hard money loans, which are private mortgage loans made by a variety of different entities. 

In other words, FHA, VA, USDA and Fannie/Freddie Conventional loans are about the only game in town, aside from jumbo loans and the small share of hard money lenders that make loans on their own terms.  Of course, hard money lenders usually demand much higher fees and interest rates than the government agencies since they are able to provide a loan when nobody else will. 

The government agencies guarantee loans made by banks, they do not loan the money themselves directly to consumers.  But they purchase the loans from the banks once the loan has been made to the consumer.  So banks will typically not lend outside of these guidelines since they do not wish to hold these loans on their books.  They would rather transfer the risk and make loans to new customers by sellling them to Fannie Mae or Freddie Mac.   

Here’s a summary of changes that have taken place in mortgage guidelines over the last few years:

MOST SIGNIFICANT CHANGES:

ELIMINATION OF VIRTUALLY ALL STATED INCOME AND NO DOC LOANS

Stated income loans were originally designed as a way to simplify the mortgage approval process for self-employed borrowers who had to provide a significant amount of paperwork (tax returns, etc).  Over the last several years, many lenders dropped the down payment requirement for stated income loans from 20% all the way down to 0% while at the same time eliminating the requirement to actually verify the borrower had a business in the first place. 

Then came “no doc” loans, where the borrower simply had to provide their name and a social security number.  At one point, a buyer with a 680 credit score could purchase a $750,000 home with no money down with no verification of employment, income or assets.  Needless to say, these loans mostly resulted in foreclosure and massive losses to the investors. 

WHAT’S DIFFERENT NOW?

Most states have passed laws that completely outlaw stated income loans.  Furthermore, banks realize that loans made to individuals that can’t document their income through traditional means (W-2′s, tax returns, etc) have a much higher instance of foreclosure.  Fannie Mae no longer purchases stated income loans.  The only option most homebuyers have who can’t document their income is to seek financing from a hard money lender who is willing to take the higher risk.  The rates and fees are typically much higher than government insured loans. 

MANY 100% FINANCING PROGRAMS HAVE BEEN ELIMINATED

A few years ago, subprime loans allowed buyers with credit scores as low as 560 (in some cases 500) to obtain a 100% loan.  Also, there was a loophole in the FHA guidelines that allowed buyers to obtain a “gift” from the seller to circumvent the 3% down requirement.  Fannie Mae also had a variety of 100% loan programs. 

WHAT’S DIFFERENT NOW?

Fannie Mae now requires a minimum of 3% down.  FHA down payment requirements have been increased to 3.5% and the loophole allowing sellers to pay their down payment has been eliminated.  100% subprime loans have been gone for several years now, and 100% stated income loans have been retired to the graveyard of history. 

PROGRAMS THAT STILL ALLOW 100% FINANCING include the USDA loan program and the VA loan program.  Some government grants also may be used for down payment, but these usually have very strict income requirements.  The USDA loan has some specific loan guidelines and, more importantly, geographic restrictions.  100% VA loans are still available to qualified veterans.  And surprisingly, the guidelines for VA loans have changed very little.  This is likely due to the fact that VA analyzes income more closely than other types of loans, which has led to fewer losses compared to subprime and conventional loans.   

GUIDELINES FOR BUYERS WHO WANT TO KEEP THEIR CURRENT HOME AS AN INVESTMENT PROPERTY, SECOND HOME OR SELL THE HOME AFTER CLOSING ON THE NEW ONE

A few years ago, most buyers who wanted to purchase a different home (move-up) or even downsize to a smaller home would simply lease their current home and provide a copy of this lease to their lender to offset their mortgage payment.  Then once the foreclosure crisis picked up steam, lenders began to notice that a significant amount of foreclosures were occuring on homes where buyers had purchased another home and simply let the first home go into foreclosure.  This was even happening on many buyers who had perfect credit.  This tactic, known as “buy and bail”, began causing a massive amount of losses to mortgage companies.  Even many buyers who intended on keeping their home as an investment property or who were planning to sell the home shortly after closing on the new one began falling behind because of a slowdown in the market. 

WHAT’S DIFFERENT NOW?

Homebuyers who want to keep their current home may not be able to simply show a lease to offset the payment.  Fannie Mae, in most cases, requires the buyer to prove they have at least 30% equity in their current home in order to offset the current payment with a lease.  They also may be required to show at least six months payment reserves for both the current and new home.  FHA also requires 25% equity, unless certain conditions exist (such as moving to an area that’s not within reasonable commuting distance).  Proof that the first month’s rent and/or security deposit has been obtained is often required as well.  Homebuyers that are upside down on their current home or who do not meet these equity requirements may still be able to obtain a new loan provided they qualify with both mortgage payments

RESERVE REQUIREMENTS

During the subprime boom, many lenders relaxed or completely eliminated requirements that borrowers have reserves in the bank after closing.  Statistically, buyers are much more likely to have problems paying their mortgage without at least some cushion to fall back on in case of a financial hardship, such as job loss, etc. 

WHAT’S DIFFERENT NOW?

While most loans do not have specific requirements for reserves, some lenders now require reserves for buyers with lower credit scores, as well as in certain situations where the overall risk of default may be higher.  A good example is buyers that are keeping their current residence, as described above.  In general, buyers who have little or no reserves will find it harder to obtain a mortgage. 

DEBT TO INCOME RATIO LIMITS

The debt-to-income ratio is defined as the ratio of total monthly obligations compared to total gross monthly income.  So a homebuyer who makes $5000 per month but has $2500 per month in debts, including the proposed new house payment, would have a debt ratio of 50%.  Debt ratio requirements during the subprime boom were often allowed to exceed 60 or 70% and were completely ignored in many cases. 

WHAT’S DIFFERENT NOW?

Fannie Mae recently changed their maximum debt-to-income ratio to 45% from 50%.  Many lenders may also have an arbitrary requirement regardless of whether or not the loan program guidelines do or not.  The automated underwriting systems have tightened the maximum debt-to-income requirements in many situations.  While credit score may help to increase a buyer’s allowable debt ratios, having a high credit score alone does not guarantee an approval. 

OVERLAY (ARBITRARY) GUIDELINES

This is perhaps becoming the most significant change that is affecting many loan applicants.  An overlay guideline is essentially a guideline imposed by a lender that is over and above the loan guidelines themselves.  For example, FHA does not have a minimum credit score requirement per se.  However, I’m not aware of any lenders that do not have some kind of minimum credit score for FHA buyers.  Why do lenders do this?  Because even though an agency such as FHA or Fannie Mae may guarantee a loan, that doesn’t mean the lender will not incur a loss if the buyer fails to make their payments.  Therefore, lenders will often analyze the loans they’ve originated in the past and impose certain requirements that may be over and above the requirements set by the federal agency that insures or guarantees the loans. 

WHAT’S DIFFERENT NOW?

Most lenders have a minimum credit score requirement of 600-620 for FHA loans.  Also, some lenders may either require a second-level signature from upper management on loans that are deemed to carry a higher risk of default, such as for buyers with high debt ratios, low reserves, a spotty employment or income history or buyers that are purchasing a home that’s in an area where real estate values have declined significantly.   

OTHER CHANGES:

HIGHER INTEREST RATES FOR BUYERS WITH LOWER CREDIT SCORES AND LESS MONEY DOWN

Fannie Mae began this trend a couple of years ago by instituting “loan level price adjustments” for buyers with less than 740 credit scores and who were putting down less than 40% down (yes, 40%).  Although the adjustments to the rate are very minor at this level, buyers with less than a 680 credit score and less than 20% down may see a significant adjustment to either their rate or to their closing costs.  And since many buyers assume the rate they see advertised is the rate everyone gets, they may budget the cost for their new home based on a rate that is not obtainable based on their situation.  Furthermore, many companies are now imposing rate adjustments to buyers seeking government loans (FHA, VA and USDA). 

MORTGAGE COMPANIES THAT ADVERTISE RATES ON THE INTERNET, TV AND RADIO DO NOT TAKE THESE PRICING ADJUSTMENTS INTO ACCOUNT.  Most advertisements disclose somewhere in their fine print that the rates they advertise assume a credit score of 740 and a 20% down payment.  So don’t assume the rate you see is the rate you’re going to get until a loan officer has a chance to fully qualify you by obtaining a full credit report and also an analysis of your current situation and income. 

TOUGHER APPRAISAL REQUIREMENTS

Lenders require an appraisal to be conducted on virtually all home purchase transactions to ensure that the price a homebuyer is paying for a home can be justified with recent sales data.  This protects lenders collateral position in case of foreclosure.  In past years, loan officers would simply call their favorite appraiser and request an appraisal. 

Because of perceived conflicts of interest with this process, a new process was created called the Home Valuation Code of Contact, which restricts loan officers and production staff from communicating directly with an appraiser.  The result has led to longer waiting periods to obtain appraisals and sometimes inaccurate appraisals since the management companies often select appraisers that are unfamiliar with an area.  Since the appraisals are now ordered through appraisal management companies, this extra step means extra time (and money in many cases) for home buyers. 

LONGER WAITING PERIODS

The Federal Reserve recently amended the Truth In Lending laws.  Buyers now must wait at least seven days to close after the full terms of their proposed loan have been delivered and disclosed to them.  Furthermore, if the terms of the loan change (which is sometimes not the fault of the lender and may be the result of a change outside of everyone’s control), the buyer must wait another three days to close. 

While this may seem like nothing to worry about, keep in mind that the sales contract in Texas calls for a certain specific closing date.  If the buyer fails to close by this date, even as the result of a federally mandated waiting period, the seller has the option of terminating the contract at their sole discretion in the State of Texas.  These waiting periods can often become an issue and put buyers at risk of potentially losing the contract on their home if they wait too long to select a lender.  The days of five day closings are a thing of the past, and the process of the new appraisal requirements can also cause additional delays as well.   The bottom line is that homebuyers need to shop for their loan well in advance of shopping for a home to avoid any potential delays. 

So in conclusion, the changes that have taken place in mortgage guidelines over the last few years have been a lot more than just higher credit score requirements.  In fact, the minimum credit score of 620 that most lenders require to obtain an FHA loan is not much higher than it was a few years ago.  The most significant changes have occured in the more detailed guidelines that most buyers may not even realize exist.  And while it’s certainly safe to say that many changes have taken place, it’s certainly not impossible to obtain a loan if these situations can be overcome.

But waiting until the last minute to consult with a lender is a mistake that will cost many homebuyers the opportunity to qualify for a home loan.  If you are considering purchasing a home, please contact me today so I can evaluate your situation and put you in touch with a lender that can consult with you at no charge to evaluate your options. 

 

 

John Jones, Realtor

The Kaul Group – Keller Williams Elite, Dallas / Park Cities

www.dfwhomefinder.info

www.thekaulgroup.com

8201 Preston Road Suite 265

Dallas, TX 75225

Dallas, TX Real Estate and surrounding areas of Richardson, Plano, Addison, Frisco, Carrollton, Farmers Branch, Garland, Allen and Irving.

Dallas, TX neighborhoods and subdivisions of Lake Highlands, White Rock Lake, Lochwood, Eastwood, L Streets, M Streets, Hollywood Heights, Lakewood, Coronado and Gastonwood, Forest Hills, Preston Hollow.

Copyright 2009 by John Jones, All Rights Reserved.  You may reblog or republish with links back to this post. 

* THIS ARTICLE WAS ORIGINALLY PUBLISHED AT http://dfwhomefinder.info *

 

 

Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to subscribe to my blog or contact me at 619-838-4408.

Tax cuts by renting out your home

You may be in a position where you need to sell your home but in doing so, you would have to either come in with money or short sell the house. So you may be thinking of what other alternatives may be available-like renting your house out.

Chris Comberrel has some interesting statistics on the advantages or disadvantages you may want to consider when making the decision to rent out your home.

Via Chris Comberrel, Envoy Morgage (Envoy Mortgage):

A client of mine paid $590,000 for a 1,100-square-foot condo in The Woodlands, Texas two and the half years ago, but housing values have fallen so far that she figures such a move would lock in a $200,000 loss.

She has moved back into a home she still owns in the historic Houston Heights and would love to unload the condo.

The good news is that there is a light at the end of the tunnel. A real estate agent recently informed her that the condo can fetch $3,300 a month in rent. That’s enough to cover her mortgage and property taxes. She decided to lease out her condo until values rebound.

“It’ll be a tax writeoff,” she says.

No less a financier (and former do-it-yourself tax preparer) than Treasury Secretary Timothy Geithner is leasing out his Mamaroneck, N.Y. home after failing to get for it a bid he was willing to accept. If you’re one of the hoard suffering real estate buyer’s remorse, you too may be able to turn a modest profit renting out your albatross of a residence. How can that be? Thank the trove of tax breaks for residential landlords.

The first step in figuring out whether renting makes sense is to find out how much your place is worth. An appraisal is a must, but written statements from a few Realtors will do while they agree on the value and stipulate how much is attributable to land and how much to the building. (The appraisal, as you’ll see later, is essential for two separate tax calculations.)

The next step is to see how much the property will fetch in monthly rent and weigh that against the costs and tax consequences. As a landlord, you can’t claim mortgage interest as an itemized deduction on Schedule An of your tax return. Instead, you deduct interest costs, plus property taxes, monthly condo fees, insurance and anything you pay to a property manager (most charge 10% of rent) against rental income on Schedule E. You can also expense travel and other costs you incur to look after the property.

The other big tax deduction for landlords is depreciation. The tax code allows you to divide the value of your building (but not the land) by 27.5 and to claim the result as an annual depreciation expense. Here’s the first place that the current appraisal comes in. When you convert to a rental, your depreciation is based on the cost of the property plus improvements or its market value at the time of conversion–whichever is less.

She must use the $390,000 fair market value of her condo, not the $590,000 she paid. Assuming that 10% of the $390,000 is attributable to land under her building, the depreciation expense comes to $12,764 annually (and reduces her cost basis by the same amount). Other expenses added and the total is likely to exceed her $39,600 gross annual rental revenue. Almost any residential landlord with a mortgage is going to be in that boat.

The amount by which expenses exceed rent is a tax loss that can be used to shelter up to $25,000 in other income–say, from your salary–if your adjusted gross income is $100,000 or less. (The same cutoff applies to both singles and couples.) Above $100,000 the break is phased out, and it disappears completely at $150,000.

If you happen to be a real estate professional–defined as someone spending at least 750 hours a year, and at least 50% of his working time, in the business–then your career managing property becomes an “active” one and your losses are fully deductible against other income. If you fail the income test or to qualify as a pro, your rental losses don’t go entirely to waste. The net loss gets carried forward and deducted if and when you dispose of the loser real estate or you have gains from passive investments. These gains could be from selling the property in question at a capital gain or from owning other passive investments, like oil wells.

Note that “passive” is a term of art in the Internal Revenue Code and does not cover portfolio investing (stocks and bonds). So if you collect $30,000 from stock dividends and have a $30,000 loss on Schedule E, you can’t net one against the other. But you can wise up, sell the stocks and use the proceeds to pay off the mortgage. At that point you’re probably out of the loss column on the rental and pulling real cash out of the property. A good part of the cash return will be sheltered from taxes by your depreciation deduction.

How are gains taxed when you sell a converted property? A lot depends on timing. If you lived in the property for at least two years and then rented it out for less than three, you may be able to use the provision that excludes $500,000 in gains from the sale of a principal residence, per couple, from tax. (You’ll still owe gains tax on the amount claimed as depreciation.) If you sell at a loss, the only deductible portion is the loss occurring after you converted the house from personal to income-producing use. The appraisal is crucial here.

My client is hoping that sales prices will rebound in two years. Assume instead that they slide and she clears only $340,000, or $50,000 less than what her Realtors said her condo was worth when she converted it to a rental. Her tax basis in the property will be $364,500 (the $390,000 minus $25,500 for two years of depreciation). She’d be left with a $24,500 capital loss she can use to shelter taxable gains on other investments. Also, she could then claim any passive losses she couldn’t use before.

Renting does present problems. You must either maintain a property yourself or pay someone else to do it. Tax and real estate experts warn against hanging on to real estate if rent falls far short of your pretax, out-of-pocket costs. In other words, look to the tax benefits to sweeten the deal, not drive it. As always don’t take my word for it, check with your tax expert or CPA to assist you in your specific situation.

 

Mortgage The Woodlands

 

Making the Home of Your Dreams A Reality. As your Agent of Possibibility it is my intent to make your home buying or selling process a smooth one!

Please feel free to subscribe to my blog or contact me at 619-838-4408.