Friday, November 13, 2009

Both Houses OK Tax Credit Extension, Expansion

The House today and the Senate yesterday passed legislation to extend the $8,000 home buyer tax credit to May 1, 2010, for first-time buyers and add a $6,500 tax credit for repeat buyers if they've lived in their home for five of the past eight years. Home prices are capped at $800,000.

The legislation in both houses was included in a bill to extend unemployment benefits and is expected to be signed by President Obama shortly.

“REALTORS® appreciate the swift action by Congress to extend the home buyer tax credit and expand it to some current homeowners,” says NAR President Charles McMillan. “As the leading advocate of housing and real estate issues, we urge President Obama to sign this legislation into law quickly to keep the momentum going in the fragile recovery of the nation’s housing market.”

Under the bill, income limits are expanded to $125,000 for individuals and $225,000 for joint filers. Individuals with incomes up to $145,000 and joint filers with incomes up to $245,000 qualify for reduced credits.

Households who have binding contracts in place by April 30 will be allowed an additional 60 days to complete their transaction. The deadline for members of the military serving out the U.S. for at least 90 days between Jan. 1, 2009, and May 1, 2010, has been extended one year.

Taxpayers can claim the credit on their federal income tax returns. If the credit exceeds their tax bill, the government will issue a check. Taxpayers will be able to claim the credit on their 2009 income tax return for purchases made in 2010.

Compare the current tax credit with the newly passed version on REALTOR.org.

More on the credit is available from NAR.

FHA Delays Implementing Rules for Condo Loans

The Federal Housing Administration says it will implement a new approval process for condo financing on Dec. 7 – the second time the deadlines have been pushed back. The delay also brings a relaxation of new rules, according to the Mortgage Bankers Association, which has been negotiating with FHA.

Under the latest iteration of the rules, 50 percent of units in a condo project will be eligible for FHA funding and up to 100 percent will be eligible in “well-established” projects with a minimum of 10 percent reserves. Half of the units will have to be sold to owner-occupants before FHA will back any loans.

In an important move, FHA said it wouldn't require the recertification of some 40,000projects that have already been certified for FHA financing.

"If what the MBA says is the deal, it's essentially a nonevent," said mortgage banker Faramarz Moeen-Ziai.

The U.S. Department of Housing and Urban Development confirmed a delay in implementation but wouldn’t comment on the changes the MBA says FHA has agreed to.

[Editor's note: FHA Commissioner David Stevens talks about the new condo rules and other FHA issues, including appraisal guidelines and the agency's credit performance, in an interview with REALTOR® Magazine. Listen to excerpts in a blog post on the interview.]

Source: Inman News, Matt Carter (11/05/2009)

Thursday, October 1, 2009

Q & A - New Mortgage Broker License Requirements

  • I do not have a mortgage broker’s license right now and I heard that I need to have a license next year. Is that true? Yes, if you are an unlicensed loan originator working for a lender, then you will need to have a mortgage broker license by January 1, 2010. The application process could take up to six months. If you continue to act as a mortgage broker without a license after January 1, 2010, then it is a $1,000 per day penalty up to a maximum of $25,000.
    494.0025(2); 494.00115; 494.00255(1)(q)(2)(f)

  • I do mortgage modifications. Do I need a mortgage broker license? Yes, effective January 1, 2010, negotiating a new or existing mortgage loan on behalf of a borrower or a lender falls under the definition of “to act as a mortgage broker” and will require licensure.
    494.001(3)



  • Where can I get more information on these new requirements?





Mortgage definitions

For a person who is a mortgage broker now (2009), the definition will change next year after October 1, 2010 and that person will be called a loan originator (due to the changing definition under the SAFE ACT) and a mortgage broker after October 1, 2010 will actually refer to a business license and not an individual.

It is a little confusing because a loan originator now (2009) is an unlicensed individual that is acting like a mortgage broker but doesn’t have a license and works as an employee for a lender. For example, the loan officer at the local bank more than likely doesn’t have a mortgage broker license but they are an employee of the bank and are exempt under the statute which will change on January 1, 2010.

2009 definitions

"Act as a loan originator" means being employed by a mortgage lender or correspondent mortgage lender, for compensation or gain or in the expectation of compensation or gain, to negotiate, offer to negotiate, or assist any licensed or exempt entity in negotiating the making of a mortgage loan, including, but not limited to, working with a licensed or exempt entity to structure a loan or discussing terms and conditions necessary for the delivery of a loan product. A natural person whose activities are ministerial and clerical, which may include quoting available interest rates, is not acting as a loan originator.

BASICALLY, THIS PERSON DOES NOT HAVE A MORTGAGE BROKER LICENSE AND CURRENTLY IS EXEMPT FROM HAVING A LICENSE AS LONG AS THEY ARE AN EMPLOYEE OF A LENDER. MEANING THEY ARE PAID ON A W-2. THIS EXEMPTION DISAPPEARS ON JANUARY 1, 2010.

"Act as a mortgage broker" means, for compensation or gain, or in the expectation of compensation or gain, directly or indirectly, accepting or offering to accept an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a borrower, negotiating or offering to negotiate the terms or conditions of a new or existing mortgage loan on behalf of a borrower or lender, or negotiating or offering to negotiate the sale of an existing mortgage loan to a noninstitutional investor. An employee whose activities are ministerial and clerical, which may include quoting available interest rates or loan terms and conditions, is not acting as a mortgage broker.

BASICALLY, THIS PERSON HAS A LICENSE AND CAN BE PAID ON A W-2 OR A 1099 AND WORK FOR ANY TYPE OF BUSINESS ENTITY.

"Associate" means a person required to be licensed as a mortgage broker under this chapter who is employed by or acting as an independent contractor for a mortgage brokerage business or a person acting as an independent contractor for a mortgage lender or correspondent mortgage lender. The use of the term associate, in contexts other than in the administration of ss. 494.003-494.0077, shall not be construed to impose or effect the common-law or statutory liability of the employer.

"Loan modification" means a modification to an existing loan. The term does not include a refinancing transaction. BASICALLY, MORTGAGE MODIFICATIONS OCCUR WHEN THE LENDER REDUCES WHAT IS OWED, CHANGES THE TERMS, OR LOWERS THE INTEREST RATE OR A COMBINATION OF ALL THREE.

“Loan processor” means a person who assembles the mortgage loan application and related documents for consideration by the lender.

“Loan underwriter” means the person who reviews the loan file including the income and assets of the borrower, and appraisal as acceptable collateral for the loan and decides whether or not to approve the loan.

After October 1, 2010

"Loan originator" means an individual who, directly or indirectly, solicits or offers to solicit a mortgage loan, accepts or offers to accept an application for a mortgage loan, negotiates or offers to negotiate the terms or conditions of a new or existing mortgage loan on behalf of a borrower or lender, processes a mortgage loan application, or negotiates or offers to negotiate the sale of an existing mortgage loan to a noninstitutional investor for compensation or gain. The term includes the activities of a loan originator as that term is defined in the S.A.F.E. Mortgage Licensing Act of 2008, and an individual acting as a loan originator pursuant to that definition is acting as a loan originator for purposes of this definition. The term does not include an employee of a mortgage broker or mortgage lender who performs only administrative or clerical tasks, including quoting available interest rates, physically handling a completed application form, or transmitting a completed form to a lender on behalf of a prospective borrower.

"Mortgage broker" means a person conducting loan originator activities through one or more licensed loan originators employed by the mortgage broker or as independent contractors to the mortgage broker.

"Mortgage lender" means a person making a mortgage loan or servicing a mortgage loan for others, or, for compensation or gain, directly or indirectly, selling or offering to sell a mortgage loan to a noninstitutional investor.

Janine Spiegelman
Author/Instructor
Bert Rodgers Schools

Friday, September 4, 2009

Summary of the August 2009 FREC Meeting

  • Minutes from the July 2009 FREC meeting were approved without comment.
  • Unlicensed activity report: No questions and no action required.
  • Rule development workshop: Rule 61J2-3.011, Continuing Education for School Instructors: Director O'Bryant announced that this topic had been pulled from the agenda because the commission feels no action is required.
  • Review and consideration of real estate continuing education courses for approval or denial:
    All three applications on the agenda ("Getting Paid-How to Enforce Your Construction Lien in the Current Environment", "Getting the Contract to Closing", and "Goal Setting for Real Estate") were denied unanimously on the grounds that they were not consistent with the requirements of SR 475.
  • Recommended order - real estate continuing education course (DOAH Case No. 09-1771): Renewal of the continuing education courses known as "Homeowner's Guide to Hurricane Protection & Insurance Discounts" and "Protecting Homes from Termites, Water Damage, and Mold" were denied unanimously on the grounds that they were not consistent with the requirements of SR 475.
  • Meeting calendar for 2010: approved with no comment.
  • Permitted activities of unlicensed assistants: Discussion of what activities and duties unlicensed assistants are permitted to conduct during the normal course of business. Minor changes to the language in the rules will be made and brought back to the commission for further review at the September FREC meeting.
  • Review of FAR Survey: Discussion of Florida licensing requirements in comparison to licensing requirements of other states. No action required.
  • Ratification of reinstated real estate license: License of Valarie Kay Creel was reinstated.

Thursday, September 3, 2009

Homeowners Save Energy, Cash with Tax Breaks

Reproduced with permission fromRISMedia -

Publisher of Real Estate magazine

www.rismedia.com

RISMEDIA, August 28, 2009

Bob Menconi enjoys his newly replaced air conditioner at his house. The A/C was replaced by a federal tax rebate. So your car isn’t a clunker? And you’re not buying a new home? But maybe your air-conditioning unit is on the fritz. Or your small business needs new equipment or office furniture. Perhaps you have always wanted solar panels. Then there is a tax break waiting for you, too.

Although there hasn’t been much hype surrounding these credits and deductions-all increased or expanded by federal stimulus bills passed this year and last year-retailers say sales of new, energy-efficient products are beating expectations in the midst of the recession.

The reason, they say, is the prices are that good.

In Davie, Fla., Menconi said he paid the same amount for a new air conditioner as he did for the one he bought about 20 years ago. The price for his new Ruud air conditioner: $6,295. But the combination of a rebate from Florida Power & Light, the manufacturer and a $1,500 credit on his taxes next year means he will pay $3,520. On top of that, he said, the first month, the family electric bill was $200 less than the previous month. The tax credit “pushed us in the direction to do it,” Menconi said. The old one “cooled the house, it was just not efficient. We wanted to catch it before it broke. At 20-plus years old, it was just waiting to bust.”

Any air conditioner that qualifies for the tax credit will also definitely qualify for the FPL rebate, said Ralph Scanga, owner of Air Conditioning Excellence in Hollywood, because the federal energy efficiency requirement is more stringent than the power company’s.
Federal stimulus laws allow homeowners to get a tax credit of 30% of the cost of energy efficient windows, doors, water heaters, air conditioners and furnaces, up to a maximum of $1,500. So if you max out the credit on your new A/C, you can’t use it for one of the other items. But if you don’t use any or all of the credit this tax year, you can buy a qualifying item and claim the credit or any remaining credit in 2010, said Amy McAnarney, an executive director at H&R Block’s Tax Institute. The items have to be installed by Dec. 31, 2010, for taxpayers to claim the credit. McAnarney also cautioned buyers not to take a company’s word that an item qualifies. She said to get a copy of the manufacturer’s statement.

Another tax credit allows homeowners to get up to 30% of the cost of solar energy systems, such as solar water heating and solar power, small wind systems and geothermal heat pumps if they are installed by Dec. 31, 2016. It’s separate from the credit for windows, doors and air conditioners, so homeowners can use both.

And there’s no cap on the amount of the credit, much to the liking of Miami Shores area homeowner Spike Marro. Marro spent about $54,000 to install solar panels and a battery back-up system for his three-bedroom home. But he got about $20,000 from a state solar energy rebate program, and will receive a further $10,200 as a credit on his taxes. That puts the final price tag for his system at around $24,000-and he will keep saving because his electricity use has shrunk to less than $100-and some months, less than $20. “In the long run it pays for itself,” he said.

But to keep customers like Marro buying, the state needs to keep the rebates coming in addition to granting the tax credit, said Paul Farren, owner of The Energy Store in Hollywood. The program had run out of money until the state padded the fund for rebates with federal stimulus dollars.

Water heaters are also a hot item because energy efficient water heaters might also qualify for more money back than just the tax credit, said John Lipka, owner of E.H. Whitson Plumbing in Hollywood. For example, he said, a natural gas tankless water heater, which can run from $1,600 to $2,000, would net a $450 rebate from gas company TECO and a 30% tax credit on the purchase price. That price is competitive with a traditional $800 tank water heater, he said.
Some of the deductions and credits might be harder to come by than others though. Miami-Dade and Broward counties have strict codes for impact resistant windows, but many energy efficient windows don’t meet that code, said Susan Roeder, corporate affairs manager of Andersen Windows. But at least one company, PGT Windows, based in Venice, has a product that meets both counties’ impact resistant standards and the federal tax credit program’s energy efficiency rules, said Jim DiPietro, administrative director of Broward County’s Board of Rules and Appeals, which oversees building code enforcement in the county. “The products do exist,” said Rusty Carroll, the county’s chief structural compliance officer. “You just have to dig a little to find them.”

Another obscure tax break: a bigger deduction for businesses that buy new equipment or furniture, IRS spokesman Mike Dobzinski said. Land, buildings and items like a new central air conditioner don’t count. Section 179 of the tax code has been around for a while, but the 2008 stimulus package doubled the amount deductible to a maximum of $250,000 and the 2009 law extended the deduction through the end of 2010. In this case, businesses could claim the entire deduction each year, he said.

Still not enough? A whole new set of government gifts will arrive late this year or early next. That’s when Florida’s version of a Department of Energy rebate program for energy efficient appliances should be approved, said Jeremy Susac, director of the Florida Energy Office.

The state is expecting at least $17.5 million in federal dollars it can issue in the form of rebates to buyers of the right kinds of dishwashers, washing machines, refrigerators, dryers, air conditioners and other items. But the Feds have to approve Florida’s list of appliances, and that might not happen until later this year.

Think carefully before you run out and buy a new fridge right away, he said. It’s unclear whether the state will be able to issue rebates for items bought before the federal government approves Florida’s plan. “We’ve asked that question,” he said. “Certainly, save the receipt.”

(c) 2009, The Miami Herald.Distributed by McClatchy-Tribune Information Services.

Read more: http://rismedia.com/2009-08-27/homeowners-save-energy-cash-with-tax-breaks/#ixzz0Q4m2x8Oo

Wednesday, August 5, 2009

Washington Report: Modifying Loans

Reproduced with permission from:
Realty Times
http://www.realtytimes.com/

by Kenneth R. Harney

The Obama administration put heavy pressure on the country's largest home loan servicers last week to speed up modifications of hundreds of thousands of homeowners' mortgages.

Full Story: http://realtytimes.com/rtpages/20090803_washingtonreport.htm

Tuesday, August 4, 2009

How Teaching Your Clients Can Mean Mega Profits

Photobucket

Photobucket

Reprinted with permission from:

Bob Corcoran
Corcoran Consulting, Inc.

www.CorcoranCoaching.com

“The mediocre teacher tells. The good teacher explains. The superior teacher demonstrates. The great teacher inspires.”

William Arthur Ward


Bob, why are you explaining what makes a good teacher? We’re real estate agents here. Hello!

Good question. And here’s my answer: In these times, if you’re not teaching prospective clients, you’re losing the game of real estate – and the score isn’t even close.


My goal with this article is simple: To get you to be a great teacher so you will
inspire people to use your services. Wouldn’t it be great if a client came up to you and said you actually inspired her to sell her house? Or if a buyer said you convinced him to buy?


When you approach your job as a teacher – a great teacher – that’s exactly what can happen. And today more than ever, the public needs to be educated on real estate. Over the last 18 months we’ve seen enough changes in the market to boggle even the experts. So you can imagine how sellers and buyers are feeling – especially those just entering the market for the first time. They need good, reliable information and you’re the professional who can share it.


So the big question is: Are you teaching? Or, are you doing business as usual?

Put yourself in a seller’s shoes. You get a call from a Realtor who starts talking about how great he is, and how many homes he’s sold. Blah, blah, blah. Every Realtor makes those exact same claims. But if a Realtor called you and began explaining how you can sell your home for a better price by following some simple steps, then you’re
educating the seller. You’re inspiring the seller by explaining what’s in it for him.

Believe me, I know it works. I’ve seen my own clients – Real Estate Agents who became “teachers” in their business.
Amanda Howard, one of my clients in Huntsville, Alabama, has shifted her approach with prospective sellers and buyers. Amanda and her team now focus on learning what their clients need to know to be successful in buying and selling, and then teaching the clients to empower them to have a successful sale or purchase of their properties. By becoming educators and teachers to their clients, Amanda and her team are turning the tables on today’s market. They are completely customer focused and as a result Amanda is realizing a better profit in her business. Click here for one of the education-based marketing tools that Amanda uses.

In the meantime, here are a few steps to add education-based marketing to your business:

1. Narrow your target audience. It’s been said if you attempt to reach everyone you end up reaching no one. Instead, focus on those who need your services most and make your message sound as if you’re talking directly to an individual who falls into that market.

2. Determine what your prospects believe are the most important issues. What questions do you hear most often? What do they say are their biggest problems? Walk in their shoes - what are they going through?

3: Make sure your marketing materials are teaching prospects how to overcome their problems. How about instead of an ad that says: “Want to sell your home? Use me, I sold 120 last year;” go with, “How to avoid the 5 worst real estate sales mistakes.”

4. Hold seminars and workshops. Again, promote them with a problem solution format that prospects see as learning something valuable. Here are a few examples of workshops you might conduct in your city:

- Top 5 reasons why right now is the time to buy a home

- 15 tips to get the financing you need for your new home

- 12 red flags to watch for when buying a home

The sky’s the limit. Just address current problems potential clients have and then offer solutions.

Education-based marketing makes it so much easier for prospects to open their door to you because you’re giving them something they know they can use. It solves their problems. In short, it helps them.

Tell me what you think of becoming a “teacher.” Will this help you? Do you have examples of how you’ve used education-based marketing? I’d love to hear from you.


E-mail me at
bob@corcorancoaching.com.

Bob Corcoran is a nationally recognized speaker and author who is founder and president of Corcoran Consulting Inc. (CorcoranCoaching.com, 800-957-8353), an international consulting and coaching company that specializes in performance coaching and the implementation of sound business systems into the residential or commercial broker or agent’s existing practice.


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http://www.CorcoranCoaching.com/bpw.php