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WASHINGTON, D.C. (November 19, 2009) - The delinquency rate for mortgage loans on one-to-four-unit residential properties rose to a seasonally adjusted rate of 9.64 percent of all loans outstanding as of the end of the third quarter of 2009, up 40 basis points from the second quarter of 2009, and up 265 basis points from one year ago, according to the Mortgage Bankers Association's (MBA) National Delinquency Survey. The non-seasonally adjusted delinquency rate increased 108 basis points from 8.86 percent in the second quarter of 2009 to 9.94 percent this quarter.
Top Line Results
The delinquency rate breaks the record set last quarter. The records are based on MBA data dating back to 1972.
The delinquency rate includes loans that are at least one payment past due but does not include loans somewhere in the process of foreclosure. The percentage of loans in the foreclosure process at the end of the third quarter was 4.47 percent, an increase of 17 basis points from the second quarter of 2009 and 150 basis points from one year ago. The combined percentage of loans in foreclosure or at least one payment past due was 14.41 percent on a non-seasonally adjusted basis, the highest ever recorded in the MBA delinquency survey.
The percentage of loans on which foreclosure actions were started during the third quarter was 1.42 percent, up six basis points from last quarter and up 35 basis points from one year ago.
The percentages of loans 90 days or more past due, loans in foreclosure, and foreclosures started all set new record highs. The percentage of loans 30 days past due is still below the record set in the second quarter of 1985.
Increases Driven by Prime and FHA Loans
"Despite the recession ending in mid-summer, the decline in mortgage performance continues. Job losses continue to increase and drive up delinquencies and foreclosures because mortgages are paid with paychecks, not percentage point increases in GDP. Over the last year, we have seen the ranks of the unemployed increase by about 5.5 million people, increasing the number of seriously delinquent loans by almost 2 million loans and increasing the rate of new foreclosures from 1.07 percent to 1.42 percent," said Jay Brinkmann, MBA's Chief Economist.
"Prime fixed-rate loans continue to represent the largest share of foreclosures started and the biggest driver of the increase in foreclosures. 33 percent of foreclosures started in the third quarter were on prime fixed-rate and loans and those loans were 44 percent of the quarterly increase in foreclosures. The foreclosure numbers for prime fixed-rate loans will get worse because those loans represented 54 percent of the quarterly increase in loans 90 days or more past due but not yet in foreclosure.
"The performance of prime adjustable rate loans, which include pay-option ARMs in the MBA survey, continue to deteriorate with the foreclosure rate on those loans for the first time exceeding the rate for subprime fixed-rate loans. In contrast, both subprime fixed-rate and subprime adjustable rate loans saw decreases in foreclosures.
"The foreclosure rate on FHA loans also increased, despite having a large increase in the number of FHA-insured loans outstanding. The number of FHA loans outstanding has increased by about 1.1 million over the last year. This increase in the denominator depresses the delinquency and foreclosure percentages. If we assume these newly-originated loans are not the ones defaulting and remove the big denominator increase from the calculation results, the foreclosure rate would be1.76 percent rather than 1.31 percent reported.
"Once again the states of Florida, California, Arizona and Nevada have a disproportionate share of the mortgage problems. They had 43 percent of all foreclosures started in the third quarter, down only slightly from 44 percent both last quarter and the third quarter last year. They had 37 percent of the nation's prime fixed-rate loan foreclosure starts and 67 percent of the prime ARM foreclosure starts. As of the end of September, 25 percent of the mortgages in Florida were at least one payment past due or in foreclosure.
"The outlook is that delinquency rates and foreclosure rates will continue to worsen before they improve. First, it is unlikely the employment picture will get better until sometime next year and even then jobs will increase at a very slow pace. Perhaps more importantly, there is no reason to expect that when the economy begins to add more jobs, those jobs will be in areas with the biggest excess housing inventory and the highest delinquency rates. Second, the number of loans 90 days or more past due or in foreclosure is now a little over 4 million as compared with 3.9 million new and previously occupied homes currently for sale, although there is likely some overlap between the two numbers. The ultimate resolution of these seriously delinquent loans will put added pressure on the hardest hit sections of the country."
Change from last quarter (second quarter of 2009)
The seasonally adjusted delinquency rate increased 43 basis points for prime loans (from 6.41 percent to 6.84 percent), 107 basis points for subprime loans (from 25.35 percent to 26.42 percent), and two basis points for VA loans (from 8.06 percent to 8.08 percent). The delinquency rate for FHA loans decreased six basis points (from 14.42 percent to 14.36 percent). The non-seasonally adjusted delinquency rate for FHA loans however, increased 134 basis points this quarter (from 13.70 percent to 15.04 percent).
The non-seasonally adjusted percentage of loans in the foreclosure process increased 20 basis points for prime loans (from 3.00 percent to 3.20 percent), and increased 30 basis points for subprime loans (from 15.05 percent to 15.35 percent). FHA loans saw a 34 basis point increase in foreclosure inventory rate (from 2.98 percent to 3.32 percent), while the foreclosure inventory rate for VA loans increased 22 basis points (from 2.07 percent to 2.29 percent).
The non-seasonally adjusted foreclosure starts rate increased 13 basis points for prime loans (from 1.01 percent to 1.14 percent), increased 16 basis points for FHA loans (from 1.15 percent to 1.31 percent), and increased 19 basis points for VA loans (from 0.68 percent to 0.87 percent). This rate decreased 37 basis points for subprime loans (from 4.13 percent to 3.76 percent).
The seriously delinquent rate, the non-seasonally adjusted percentage of loans that are 90 days or more delinquent, or in the process of foreclosure, was up from both last quarter and from last year. This measure is designed to account for inter-company differences on when a loan enters the foreclosure process.
Compared with last quarter, the rate increased 82 basis points for prime loans (from 5.44 percent to 6.26 percent), 216 basis points for subprime loans (from 26.52 percent to 28.68 percent), 89 basis points for FHA loans (from 7.78 percent to 8.67 percent), and 37 basis points for VA loans (from 4.69 percent to 5.06 percent).
Change from last year (third quarter of 2008)
The seasonally adjusted delinquency rate increased 250 basis points for prime loans, 639 basis points for subprime loans, 144 basis points for FHA loans, and 80 basis points for VA loans.
The foreclosure inventory rate increased 162 basis points for prime loans, 280 basis points for subprime loans, 100 basis points for FHA loans, and 83 basis points for VA loans.
The foreclosure starts rate increased 35 basis points overall, 53 basis points for prime loans, 36 basis points for FHA loans, and 28 basis points for VA loans. The starts rate decreased 47 basis points for subprime loans.
The seriously delinquent rate increased 339 basis points for prime loans, 912 basis points for subprime loans, 262 basis points for FHA loans, and 161 basis points for VA loans.
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Single taxpayers or those married filing separately generally can exclude up to $250,000 of the gain from the sale or exchange of a home ($500,000 for married taxpayers filing jointly). This exclusion may be taken once every two years if the taxpayers have owned and used the property as a principal residence for a period of (or periods totaling) at least two years during the five-year period ending on the date of the sale or exchange. Taxpayers who don't meet these conditions can qualify for a reduced exclusion under § 121(c) if the sale or exchange is because of a change in place of employment, health or "unforeseen circumstances." ...
Unforeseen circumstances. Unforeseen circumstances are defined by Treas. Reg. § 1.121-3(e)(1) as events the taxpayer could not reasonably have anticipated before purchasing and occupying the residence. Specific-event safe harbors are provided in Treas. Reg. § 1.121-3(e)(2): involuntary conversion of the residence; disasters or acts of war or terrorism damaging the residence; or a qualified individual's death, unemployment (if eligible for unemployment compensation), change in employment status that results in an inability to pay housing costs and basic living expenses, divorce or legal separation under a decree of divorce or separate maintenance, or a multiple birth. These, however, are hardly all the common life events that can result in the sale or exchange of a home, such as marriage, adoption or other circumstance that results in the addition of dependents to the family. Despite not being specified as safe harbor events, circumstances such as these and others may still qualify as unforeseen. Determining whether fact patterns exhibit the level of unforeseeability necessary to qualify as unforeseen circumstances requires taxpayers and practitioners to exercise their best judgment.
NONSPECIFIC EVENTS
The following summarizes the 15 letter rulings that were issued from Aug. 13, 2004 (the date final regulations were issued under IRC § 121), through August 2009 that have addressed whether given facts and circumstances qualify as unforeseen despite falling outside the specific-event safe harbors. In each case, the IRS found that unforeseen circumstances were present and granted the taxpayer partial gain exclusion relief under section 121(c); no unfavorable rulings were issued. The rulings can be broadly characterized as relating to (1) additional dependents arising out of marriage or other events, (2) environmental factors that detrimentally affect the quality of living in a particular locale and (3) job-related circumstances. Although the rulings may not be cited as precedent and do not establish a safe harbor of general applicability, they do provide a basis for understanding what circumstances the IRS is likely to consider unforeseen.
ADDITIONAL DEPENDENTS
Life events the Service has most frequently ruled upon are those taxpayers did not plan when they purchased a residence and that increased the number of dependents living under one roof. They include the addition of children via pregnancy, adoption or second marriage, and providing in-home care for a parent who became ill or disabled. Here are summaries of these rulings (in chronological order) and their circumstances:
Blended family moves to children's school district. PLR 200601022. ...
Adult child moves back in with parents. PLR 200601023. ...
Bigger house for adoption. PLR 200613009. ...
Caring for disabled parent. PLR 200626024. ...
Pregnancy and end of relationship. PLR 200652041. ...
Large blended family. PLR 200725018. ...
Second child and home office. PLR 200745011. ...
Blended family and schools. PLR 200826024. ...
Marriage with visiting child. PLR 200841022. ...
ENVIRONMENTAL FACTORS
The IRS has also granted taxpayers relief under section 121(c) in instances where crime or acts of violence or even noise detracts from the taxpayer's ability to maintain a satisfactory quality of living in a particular location.
Assaults and threats. PLR 200601009. ...
Robbery. PLR 200630004. ...
Aircraft noise. PLR 200702032. ...
Child assaulted on school bus. PLR 200820016. ...
JOB-RELATED CIRCUMSTANCES
The IRS has also granted taxpayers relief under section 121(c) in at least two instances where circumstances changed as a result of the taxpayer's occupation.
K-9 officer. PLR 200504012. ...
Narcotics investigator threatened. PLR 200615011. ...
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Read this now, before you have a fender bender on icy roads in Billings. After the roads have iced up, the news lets us know that the Billings Police Department has instituted it's "Slick Street Policy". Pretty much, it means, if there's no one injured, get out of the way because the Police must prioritize their response and go to injury accidents first. My question was, then what? I emailed the Billings Police Department and got some clarification from Sgt Kevin Iffland, Administrative Sergeant. Thanks Sgt Iffland!

Wanda,
The following is the Billings Police Department Policy on "High Accident Days" also has been referred to as Slick Streets Policy. If you have further questions please feel free to contact me.
High Accident Days:
A. If the Commander finds he does not have the ability to investigate all accidents during a
shift, he can issue an Accident Alert and limit accident investigations to those accidents
that have:
1. Serious personal injuries;
2. Reports of DUI Drivers; and
3. Accidents with disabled vehicles.
B. The Commander will notify the Communications Center that he is issuing an Accident
Alert for the City of Billings. The Communication Center will use their procedure for
alerting local media organizations. The Commander will notify agency personnel and any
relieving Commander about the existence of the alert.
C. The Commander who cancels the Accident Alert will notify the Communications Center
and agency employees. The Communications Center will follow their procedure for
canceling the alert.
D. If accidents are not investigated, the persons should be advised to fill out a Montana
Highway Patrol Vehicle Accident Report (“White Form”). The report can be obtained at
City Hall.
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just want to alert you. recently i have had two properties posted on Craig's list for rent at way below market rent. the scammer indicated they needed to leave the country and wanted to find some one to care for their home while they gone for a couple of years. the reason for the lower rent was the caretaker status. the payoff for the scammer was collecting the rent and disappearing before the renter could figure it out. almost worked except the prospective tenant called to double check if the home would be taken off the market for sale. so beware,
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the market is moving into it's normal holiday season decline in activity. since the first time buyers have been in full force and the first half of November was quite busy. i thought i would rune the nubers for mid month. No great suprises inventory has started it "normal" yearly decline through the end of the year. the closed transaction for 2009 are creeping up on the volume of 2008 the intersting thing to me is both years flip flopped in terms of activity 2008 started strong and ended weak. 2009 started weak and is ending strong all due to $8,000 frist timew buyer tax credit. at any rate here are the nu,mbewrs through the 15th.
| Market update at glance | 11/15/2009 | Year | Percentage Increase | ||||
| Yellowstone County | 2008 | 2009 | or -Decrease | ||||
| Residential Closed Sales Units | 1783 | 1714 | -4% | ||||
| Residential Pending Sales Units | 149 | 249 | 67% | ||||
| Residential Active Property Units For Sale | 893 | 849 | -5% | ||||
| Average sales price Single family Home | $209,228 | $200,800 | -4% | ||||
| Average Square feet Single family Home | 2320 | 2261 | -3% | ||||
| Median sales price Single family Home | $185,900 | $180,200 | -3% | ||||
| Median Square feet Single family Home | 2212 | 2146 | -3% | ||||
| Average Days on Market Till Offer Received | |||||||
| Single Family Home | 61 | 64 | 5% | ||||
| Absorption rate - | TIME IN DAYS | ||||||
| Time it would take for all existing | 168 | ||||||
| properties to sell with no new inventory | |||||||
| coming into the market place - residential | |||||||
| SINGLE FAMILY PERMIT ISSUED MONTH | 16 | 21 | 31% | ||||
| SINGLE FAMILY PERMIT ISSUED YEAR | 243 | 199 | -18% | ||||
| Average Number Rentals Advertised Sundays | 301 | 395 | 31% | ||||
| Average Asking Price for a Rental Home | $1,114 | $1,031 | -7% | ||||
| Average Asking Price for a Rental Apartment | $678 | $673 | -1% |
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