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DIVORCE? Q&A

68% in NJ.

There are many questions you might be asking at this time, particularly surrounding your home. We are here to help. Let's first break down some of the basics.

"I think I want to stay in my home...what do I need to keep in mind?" First, take into consideration the size of the home, utilities, payments, family needs. Does staying in the home truly make sense? You will likely now be entirely responsible for the house payment, taxes, insurance, upkeep, maintenance and other related bills. Your household income may be decreasing, and your overall expenses may be increasing if you are subject to a court order for support, so it is important that you are aware and thorough in determining what your actual expenses will be in keeping and maintaining the home on your own.

"My spouse is entitled to share in the equity we have in our home...how is this handled?" The equity in the home needs to be determined by an appraiser - call us if you need a recommendation and referral. The appraised value less the eventual costs of selling (commissions and seller closing costs) equals the equity to be split between the parties. This is the amount you will be obligated to give to your ex-spouse. And in general, any money you or your spouse contributed to the home from your own pre-marital assets must also be accounted for in determining the final division of equity.

With the divorce, your spouse may put a marital lien on the property or there may be a court ordered mandate for distribution of the equity, possibly including interest on that amount. This means that you will likely have a specified amount of time to obtain the funds needed to give the ex-spouse their portion of the equity. This can be done by cashing out the equity in the home with a new mortgage, selling the home or by using other assets you have to "buy out" their stake in the home.

If you choose to stay in the home, you have two financing options to pay your ex-spouse. You can either refinance your home to get cash out, or you can obtain a new second mortgage or home equity loan. This is where you will want the advice of a trusted mortgage professional.

Even though you may now be qualifying for the loan without a spouse's income - with your own good credit and income, you can usually qualify on your own. Often, child support and alimony is viewed as stable income, if it has been received for three months and is likely to continue for at least three years.

"What if I am the one leaving the home?" It is important to know that even though the divorce decree awarded the home to your spouse, you are still obligated for this debt in the eyes of the mortgage company.

Many people assume that by filing a Quit Claim Deed removing themselves from the title, they are no longer responsible for the mortgage. A Quit Claim Deed only eliminates your name from the title of the property, but not from the mortgage loan. The benefit of a Quit Claim Deed is that if the spouse on the title passes away, the property will go to his or her heirs rather than to the ex-spouse.

"How might this scenario impact my credit - and what can I do?" Unfortunately for many, divorce is a time of great financial hardship and credit challenges. Because you are obligated on the mortgage until it is paid in full or refinanced, it is imperative that the person responsible for the payment remains current. One possibility you have to remove your name from obligation is to contact the company which currently holds your mortgage, and ask to do a "Qualifying Name Delete Assumption." This process will leave the existing loan in place, but would relieve the non-occupying spouse from their obligation on the loan. Give us a call, and we can explain more about this process, or help you determine if a refinance may make more sense instead.

"If I want to go buy another home - am I going to be out of luck while I am still listed on the old mortgage?" Although it is difficult and not usually advised to purchase another home until your divorce is final, we are happy to look over how you expect the financial situation to be finalized, and help you get ideas as to what you will qualify for. Remember that in most situations, child support and alimony must have been received for three months, and be likely to continue for at least three years in order to use this income for qualifying. Even if you are still listed as a co-borrower on the mortgage for the prior home, if the divorce decree states that you are not obligated for the mortgage, many mortgage programs will allow you to be qualified without this obligation. However, any late payment issues on the mortgage held by your ex-spouse will impact your credit scores, as the mortgage is still a joint liability in the eyes of the credit bureaus until you are removed via a refinance, sale or other method as described above.

"What if I do want to purchase another home before the divorce is final?" This may be possible, but be aware that your spouse may have a marital interest in your new property, and it will need to be handled by your attorney with a Quit Claim Deed being given from your ex-spouse to you. You will also have to qualify with the full debt from the current home, because there would not yet be a final divorce decree assigning ownership. Be very careful with this situation, especially as the financial situation you expect...may not be the final result, once the decree is entered.

Taking the time to talk with us during this process and before you decide to start looking at a new home can help eliminate many of the concerns or questions that often surface in these situations. We understand this may be a very difficult time, and you have many decisions to make. We can provide you with a free financial consultation, credit check, and mortgage strategy review - so that you have the answers and information you need to make good decisions.

We'll help you sort out the options and strategies you have at hand, and do our part to help you at this time...and down the road. We understand that it's not just a house - it's your home.

Victor M. Jaramillo

Omega Financial Services

Phone: 908-933-0253 Ext. 328

Tempting Tax Credits for First-Time Home Buyers

Tempting Tax Credits for First-Time Home Buyers

What could you do with $8,000? How about using it to finance a home? In order to stimulate the economy and revive the housing market, Congress has enacted legislation providing a tax credit of up to $8,000 for first-time home buyers.

Just last year, home buyers and owners were able to take advantage of the housing and Economic Recovery Act's $7,500 tax credit. This credit served as a 15 year interest free loan for those who purchased their home after April 9, 2008 and before July 1, 2009. With the new and improved $8,000 tax credit plan in place, buyers have the opportunity to receive a good chunk of cash which, unlike the last year's tax credit, does not have to be repaid.

If you're interested in taking advantage of this opportunity, you only have a short while to act. Determine whether or not you qualify for this tax credit by reviewing the following requirements and by contacting Omega Financial Services today at 908-933-0253 or online at fhaomega.com.


Are You Eligible?

First-Time Home Buyer:
Have you leased your home for the past three years? If so, then you may qualify for the tax credit, as the plan defines a first-time home buyer as a "buyer who has not owned a principal residence during the three0year period prior to the purchase."

Purchase Date:
Buyers are encouraged to act fast as the cutoff date for this $8,000 credit is December 1st, 2009; not at the end of the year, as you might expect.

If you purchased your home before the New Year, you're out of luck, though you may qualify for the housing and Economic Recovery Act Tax Credit. Contact us today at 908-933-0253 to learn more about your tax credit and mortgage program options.

Principle Residence:
According to the plan, a "main home" is "any home that will be used as principle residence," and includes "single-family detached home, attached homes like townhouses and condominiums, manufactured homes (also known as mobile homes) and houseboats." Multiple home owners, or those looking to purchase their second, third, or even fourth home, will not qualify for this particular tax credit.

Income Limits:
Those buyers with a modified adjusted gross income (MAGI) of less than $75,000 for single taxpayers and $150,000 for married taxpayers filing a joint return will receive the full tax credit amount. If it is more, the tax credit amount is reduced until your MAGI meets or exceeds $95,000, at which point you are no longer eligible for the credit. Call your Omega Financial Services mortgage professional at 908-933-0253 to discuss your current financial situation and to determine whether you make a good tax credit candidate.

Stay Put:
In order to qualify for the tax credit, plan to stay put in your new home for a minimum of three years. Buyers cannot move, sell or otherwise leave their home for at least three years after they purchase.

Price:
The plan states that the buyer receives 10% of the purchase price of the home or $8,000, whichever is less. So the monetary amount you're awarded is determined by your new home's price. In order to receive the maximum credit of $8,000, the buyer must purchase a home for $8,000 or more.

Participating in the tax credit program is simple. Determine your tax credit amount by completing the IRS Form 5405 and claim the tax credit on your federal income tax return. With home prices and mortgage rates at all time lows, buyers incentives and tax credits greatly contribute to your goals of homeownership. Discuss your home loan, tax credit and buyer incentive options with your Omega Financial Services professional and to discover the grogram that is best for you.


Keeping You Informed
Omega Financial Services is dedicated to keeping you informed of the latest market trends and mortgage options. Visit us online at fhaomega.com, or call today at 908-933-0253, to obtain custom loan options designed to fit you needs and help you obtain you home ownership goals.

Victor M. Jaramillo

Omega Financial

(908) 933-0253 Ext. 328

Today I will make a difference in my life...

Today I will make a difference. I will begin by controlling my
thoughts. A person is the product of their thoughts. I want to be
happy and hopeful. Therefore, I will have thoughts that are happy and
hopeful. I refuse to be victimized by my circumstances. I will not let
petty inconveniences such as stoplights, long lines, and traffic jams
be my masters. I will avoid negativism and gossip. Optimism will be my
companion, and victory will be my hallmark. Today I will make a
difference.


I will be grateful for the twenty-four hours that are before me. Time
is a precious commodity. I refuse to allow what little time I have to
be contaminated by self-pity, anxiety, or boredom. I will face this
day with the joy of a child and the courage of a giant. I will drink
each minute as though it is my last. When tomorrow comes, today will
be gone forever. While it is here, I will use it for loving and
giving. Today I will make a difference.


I will not let past failures haunt me. Even though my life is scarred
with mistakes, I refuse to rummage through my trash heap of failures.
I will admit them. I will correct them. I will press on. Victoriously.
No failure is fatal. It's OK to stumble - I will get up. It's OK to
fail - I will rise again. Today I will make a difference.


I will spend time with those I love. My spouse, my children, my
family. A man can own the world but be poor for the lack of love. A
man can own nothing and yet be wealthy in relationships. Today I will
spend at least five minutes with the significant people in my world.
Five quality minutes of talking or hugging or thanking or listening.
Five undiluted minutes with my mate, children, and friends.
Today I will make a difference.

From the Authors of The Secret

Union/Somerset County, New Jersey Network Event

Hello Friends,

We are looking for Vendors to participate at our 1st Network Event.

What to find at the Event:

Buyers/Sellers

Free Food

Training

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We will have a room full of customers looking to buy/sell/and learn from the professionals in our area: Attorneys, Real Estate Agents, Mortgage Consultants.

Your suggestions are highly appreciated.

Sincerely,

Victor M.J.
Omega Financial Services, Inc.
1872 Morris Avenue
Union, NJ 07083
(908) 933-0253 Ext. 328
(908) 964-0295 Fax
(908) 296-0966 Cell
vjaramillo@omegafunding.net

FHA requires two appraisals on..

Here is what I got after some research with a client of mine.. I hope it helps.. When FHA needs second appraisals


Quoted directly from Mortgagee Letter 2008-09, dated April 4, 2008, effective 1/1/09 "Second Appraisal Requirements/Loan-to-Value Limits for Cash-Out Refinances: The instructions in ML 2008-09 regarding when a second appraisal is needed, and the requirements for that second appraisal, as well as the 85 percent limitation on cash-out refinances when the loan balance will exceed $417,000, remain in effect." "In addition, FHA will now require a second appraisal for all cash-out refinances where the LTV, exclusive of the UFMIP, will exceed 85 percent of the appraiser's estimate of value. This second appraisal requirement applies regardless of the loan amount or the location of the property, i.e., whether the property is in a "declining area" or is not. This second appraisal requirement for cash-out refinances is effective for all case number assignments on or after January 1, 2009 and is to adhere to the instructions set forth in ML 2008-09. Please also note that cash-out refinances with LTVs exceeding 85 percent will be over-selected for post-endorsement technical reviews (PETR) to assure the quality of the underwriting."

Print this out and tape it near your computer to remind yourself...

Sincerely,

Victor M. Jaramillo
Sales Manager/Mortgage Consultant
President's Club
Omega Financial
1872 Morris Ave.
Union, NJ 07083
(908) 933-0253 Ext. 328
(908) 964-0295 Fax
(908) 296-0966 Cell
www.FHAOMEGA.com
Lic
. Mortgage Bankers by the NJ dept., of Banking & Insurance
Equal Housing Lenders
Lions Club Member, 98
vjaramillo@omegafunding.net