The intent is to promote purchases of these types of properties by owner occupants or second homes rather than people looking to “flip” them.  According to the bill, purchasers must agree to hold the property for at least two years to avoid penalties associated with the withdrawals.

The “second home” idea could be an inviting one as California (25%)and Florida (9%) accounted for nearly 34% of foreclosure activity during the first quarter according to RealyTrac.

The bill has been sent to committee for further consideration.

UPDATE: President Obama signed the repeal into law yesterday, April 14, making it official.

The article from REALTOR Magazine

The debt your lender canceled must have been used by you “to buy, build or substantially improve your principal residence.”  One of the keys in this is “principal residence.”  This means not your investment property, 2nd home or seasonal condo.  Another factor in deciding the qualifying forgiven debt: was any of the unpaid mortgage balance used for non-qualifying purposes? Refinanced for kids tuition?  Maybe a vacation?  A new car?  Consolidating credit cards?  As currently written, the IRS does not see these as qualified principal residence debt.

If you have foreclosed, sold short, or modified your loan and have never received a 1099-C, you should request this of your lender to possibly avoid tax issues.  A person should verify with a qualified professional in the tax arena on their responsibility.  The site IRS.gov also has information on filing details such as Form 982 and IRS Publication 4681.

In order for banks to fully recover from the financial crisis they need to start lending more and “get back to the basics of making loans,” Federal Deposit Insurance Corp. Chairman Sheila Bair said on Wednesday.

While banks have decreased their loan balances in the fourth quarter, “we are looking to the industry to take the next step, and begin to build their loan portfolios,” Bair said.

The biggest decrease in loan portfolios came from construction and development, which fell 9 percent or $32.5 billion. However, lending is increasingly slightly in other categories: Lending for residential mortgages inched up by $17 million, or slightly less than 1 percent.

Banks have said they aren’t lending more due to decreased demand with a still sluggish economy.

But the industry’s outlook continues to improve, even for smaller banks who were hard hit by commercial real estate loans that went bad, Bair said. The amount of bad loans — those 90 days or more past due — decreased for the third consecutive quarter.

Source: “U.S. Banks Told They Need to Start Lending Again,” Reuters News (Feb. 23, 2011)

Some things I have heard people say and read online about short sales:  “The government passed a law directing the IRS not to count mortgage debt forgiven by a lender as income” or “You won’t get a 1099 because your debt was written off”  While the passing of this law has helped numerous people, it does have some limitations.  Did you refinance your home and take out cash?  Maybe bought a boat?  Is this your vacation home or rental property?  Is the total debt more than a million dollars?  Did you have any equity loans?  Second mortgages?  Was any debt already sold to a collection agency? If you have any questions like these or any similar, again, seek some professional advice.

Some things I have heard and read about foreclosures:  “Just walk away, they can’t do anything” or even worse…. “I’ll buy another house and just give this one back”-not touching this one here!  While foreclosures may have more statutory or legal history than short sales, it is still a legal process that begs more of your attention than putting your keys in an envelope and leaving them on someone’s desk at the bank. (Wouldn’t have brought it up if it hadn’t of happened)  Foreclosure by advertisement, foreclosure by action, voluntary foreclosure, or deed-in-lieu…these are not all made equal and do not all necessarily exclude a person from a deficiency judgment.  From the department of redundancy department, seek legal or professional advice.

The American Attitudes About Homeownership survey found that in today’s challenging economy, 95 percent of owners and 72 percent of renters believe that over a period of several years, it makes more sense to own a home. In addition, an overwhelming majority of home owners are happy with their decision to own a home – 93 percent of owners surveyed would buy again.

“Home owners and renters agree that home ownership benefits individuals and families, strengthens our communities, and is integral to our nation’s economy,” said National Association of Realtors® President Ron Phipps, broker-president of Phipps Realty in Warwick, R.I. “The results of this survey illustrate just how important issues related to home ownership are to people in this country.”

The survey uncovered some differences between home owners and renters, as well. While more than half of owners are “very” or “extremely” satisfied with the overall quality of their family life, only one-third of renters report the same levels of satisfaction. Similarly, 43 percent of home owners are very/extremely satisfied with their community life, compared with 30 percent of renters.

A majority of renters – 63 percent – said that it was at least somewhat likely that they would purchase a home at some point in the future. Among this group, young adults (18-29 years old) have the strongest aspirations for home ownership; only 8 percent of young adults said that it was “not at all likely” that they would purchase a home at some point in the future.

In today’s market, many aspiring home owners are faced with worries about job security and creditworthiness. Among renters who are very or extremely likely to buy a home in the future, three out of five consider confidence in job security and creditworthiness to be an obstacle.

One point of agreement between renters and home owners was support of the mortgage interest deduction (MID). Seventy-four percent of owners and 62 percent of renters say it’s “extremely” or “very” important that the MID remain in place.

“At a time when the middle class is under increasing economic pressures, both home owners and renters agree that the mortgage interest deduction should not be targeted for change,” said Phipps. “Given strong public support of and aspirations toward owning a home, we need to keep policies in place that support and encourage responsible, sustainable home ownership for our future.”

http://www.realtor.org/press_room/news_releases/2011/01/owning_home

How to Calculate Gain
In real estate, capital gains are based not on what you paid for the home, but on its adjusted cost basis. To calculate, follow these steps:

1. Purchase price: _______________________

 The purchase price of the home is the sale price, not the amount of money you actually contributed at closing.
2. Total adjustments: _______________________

 To calculate this, add the following:

• Cost of the purchase — including transfer fees, attorney fees, and inspections, but not points you paid on your mortgage.
• Cost of sale — including inspections, attorney fees, real estate commission, and money you spent to fix up your home just prior to sale.
• Cost of improvements — including room additions, deck, etc. Note here that improvements do not include repairing or replacing something already there, such as putting on a new roof or buying a new furnace.

3. Your home’s adjusted cost basis: _______________________

 The total of your purchase price and adjustments is the adjusted cost basis of your home.

4. Your capital gain:  _______________________

 Subtract the adjusted cost basis from the amount your home sells for to get your capital gain.

A Special Real Estate Exemption for Capital Gains
Since 1997, up to $250,000 in capital gains ($500,000 for a married couple) on the sale of a home is exempt from taxation if you meet the following criteria:

• You have lived in the home as your principal residence for two out of the last five years.
•  You have not sold or exchanged another home during the two years preceding the sale.
•  You meet what the IRS calls “unforeseen circumstances,” such as job loss, divorce, or family medical emergency.

• Reduced income/Unemployment
• Death of primary or subordinate
• Job transfer
• Bankruptcy
• Divorce
• Medical reasons leading to hardship

An example of the typical paperwork (short sale package), which can be lengthy and differ from institution to institution is:

• Letter of authorization, allowing your agent speak to the bank
• Seller’s hardship letter (written by the seller)
• HUD-1 or preliminary net loss sheet
• Completed financial statement(s)
• 2 years of tax returns
• 2 years of W-2s
• Recent payroll stubs
• Most recent bank statements (2 months)

After the seller accepts an offer, the listing agent will send the following items to the bank:

• Listing paperwork
• Executed purchase agreement and all related addendums
• Buyers purchasing qualifications and copy of earnest money check
• Previously mentioned short sale package

If the package is incomplete, the short sale process will be delayed. In this event, the bank might even shred the package.
The real process begins…..

 
It is at this time the buyers get anxious and ask their agent to call every day and demand an update and timeframe. This does not work, because as of now, you are working with a call taker who is simply updating the file in a computer. Subsequently, during the entire process it is the “call taker” that usually is the one you get any and all updates from. But ask thorough questions of the status! It is however critical, that once the offer is submitted, the listing agent is very prompt and consistent in follow up with both the buyers and the bank, as well as the seller if anything extra or new(which happens) is needed during the process.
What are we waiting for……?

• Completion and acceptance of ALL the correct paperwork
• The BPO
• Attorney approval
• Investor approval (true, a lot of banks don’t own your mortgage)
• Mortgage insurance company approval (likely applicable)
• Additional Bank generated paperwork (arms length affidavit…)
• Negotiator approval
• Extend and do some of this more than once for additional liens….

The least I have experienced this to all happen was 60 BUSINESS DAYS. Speaking with Bank representatives, the most common reason for delays is incomplete paperwork and timeliness in getting it complete and correct, back to the Bank.
NOW, remember the buyers still might have to perform the inspection. The lenders likely haven’t gone through complete underwriting because of the undetermined schedule. So we now begin the process to get to closing much like a traditional sale.
If you made it this far, GREAT! Now, just hope your buyer and buyer’s agent avoided the remorse and anxiety and still want the house! Glass half full…knowing what you are getting into, both as a buyer and seller, and having communication during the process will significantly improve the likelihood of success.