Howard Sumner

2010 HIGH COST AREAS

LOW INCOME HOUSING TAX CREDITS

Section 42(d)(5)(C) of the Internal Revenue Code defines a Qualified Census Tract as any census tract or equivalent geographic area in which at least 50% of households have an income less than 60% of the Area Median Gross Income (AMGI). Section 42 defines a Difficult Development Area as any area designated by the Secretary of HUD as an area that has high construction, land and utility costs relative to the AMGI.

When an area, which can be a county or a specific census tract, is designated as either a Qualified Census Tract or a Difficult to Develop Area, a project proposed for a high cost area is eligible for an increase in eligible basis of up to 130%. This means that a greater amount of tax credits than otherwise available may be approved, if it is determined that the greater amount is needed for financial feasibility of given projects.

MONTANA BUREAU OF CENSUS DESIGNATED QUALIFIED CENSUS TRACTS

County/Metropolitan Area Tract(s)

Big Horn County 9403.00, 9406.00, 9407.00

Blaine County 9401.00, 9402.00

Great Falls MSA, Cascade County 5.00, 6.00, 7.00, 8.00

Chouteau County 9401.00

Daniels County 9402.00, 9403.00

Gallatin County 6.00, 9.00, 11.00

Glacier County 9401.00, 9402.00, 9403.00

Golden Valley County 1.00

Hill County 403.00, 9401.00, 9402.00

Lake County 9405.00

Lewis and Clark County 9.00

Lincoln County 5.00

Missoula MSA, Missoula County 2.01, 3.00, 5.00, 7.00

Phillips County 9402.00

Pondera County 9403.00

Ravalli County 8.00

Roosevelt County 9401.00, 9402.00, 9404.00

Rosebud County 9404.00

Sanders County 9401.00

Sheridan County 9402.00

Silver Bow County 1.00

Valley County 9405.00

Billings MSA, Yellowstone County 2.00, 3.00

2010 MONTANA HUD DESIGNATED DIFFICULT TO DEVELOP AREAS

Beaverhead County Madison County Meagher County Mineral County

BELOW ARE NEW RULES FOR GETTING FHA FINANCING IN A CONDO PROJECT

V. Project Eligibility Requirements

The following requirements apply to all Condominium Project approvals:

1. Minimum number of units: Projects must consist of two or more units.

2. Insurance Coverage: Projects must be covered by hazard and liability insurance and, when applicable, flood and fidelity insurance (See Section VI, Insurance Requirements).

3. Right of First Refusal: Right of first refusal is permitted unless it violates discriminatory conduct under the Fair Housing Act regulation at 24 CFR part100.

4. Commercial Space: No more than 25 percent of the property's total floor area in a project can be used for commercial purposes. The commercial portion of the project must be of a nature that is homogenous with residential use, which is free of adverse conditions to the occupants of the individual condominium units.

5. Investor Ownership: No more than 10 percent of the units may be owned by one investor. This limitation also applies to developers/builders that subsequently rent vacant and unsold units. For condominium projects with ten or fewer units, no single entity may own more than one unit within the project; all units, common elements, and facilities within the project must be 100 percent complete.

6. Delinquent Home Owners Association (HOA) Dues: No more than 15 percent of the total units can be in arrears (more than 30 days past due) of their condominium association fee payments.

7. Pre-sales: At least 50 percent of the total units must be sold prior to endorsement of a mortgage on any unit. Valid presales include:

• Copies of sales agreements and evidence that a mortgagee is willing to make the loan1;

• Evidence that units have closed and are occupied; OR

• Information from a developer/builder that lists all of the units already sold, under contract, or closed (e.g. a spreadsheet, chart, or listing used for the company's own tracking purposes) that is accompanied by a signed certification from the developer (Attachment F).

1 Secondary residences can only be included if it meets the requirements of 24 CFR 203.18(f)(2). 5

8. Owner-occupancy Ratios: At least 50 percent of the units of a project must be owner-occupied or sold to owners who intend to occupy the units.2 For proposed, under construction or projects still in their initial marketing phase, FHA will allow a minimum owner occupancy amount equal to 50 percent of the number of presold units (the minimum presales requirement of 50 percent still applies).

2 Units sold to owners who intend to occupy the units must follow the requirements of a valid presale.

9. Legal Phasing: Legal phasing is permitted for condominium processing. It is recommended that developers submit all known phases for initial project approval. FHA will not accept market phasing in lieu of legal phasing.

For vertical buildings, legal phasing is acceptable if:

a. The floors are legally phased in groupings of no less than five floors;

b. At least a temporary certificate of occupancy has been obtained and all common areas and amenities have been completed; AND

c. A third party completion bond has been obtained.

For purposes of calculating the owner-occupancy percentage and FHA concentration:

a. On multi-phased projects the owner-occupancy percentage is calculated on the first declared phase and cumulatively on subsequent phases if the ownership of the condominium project remains the same.

b. If multi-phasing includes separate ownership per phase, each phase is calculated individually.

c. In single-phase condominium project approval requests, all units are used in the denominator when calculating the 50 percent owner-occupancy percentage.

10. FHA Concentration: FHA will display the concentration information for each

approved condominium development on the approved condominium listing, which

can be found on both FHA Connection and on the public website at www.hud.gov.

The concentration level will be based on case numbers assigned on units in a

project; FHA will not issue new case numbers once the 30 percent concentration

level (plus a small tolerance to accommodate for some fall-out) has been reached in

any particular development.

a. Projects consisting of three or fewer units will have no more than one unit encumbered with FHA insurance.

b. Projects consisting of four or more units will have no more than 30 percent of the total units encumbered with FHA insurance.

c. Calculation of the level of FHA concentration in a project declared with legal phases will follow the same methodology as owner-occupancy, described above.

11. Budget Review: Mortgagees must review the homeowners' association budget (the actual budget for established projects or the projected budget for new projects) for all projects. This review must determine that the budget is adequate and:

• Includes allocations/line items to ensure sufficient funds are available to maintain and preserve all amenities and features unique to the condominium project;

• Provides for the funding of replacement reserves for capital expenditures and deferred maintenance in an account representing at least 10% of the budget; and

• Provides adequate funding for insurance coverage and deductibles (see Section VI, Insurance Requirements).

In cases where the budget documents do not meet these standards, the mortgagee may request a reserve study to assess the financial stability of the project. The reserve study cannot be more than 12 months old. When reviewing the reserve study, consideration must be given to items that have been replaced after the time that the reserve study was completed.

In lieu of the actual budget documents, mortgagees may request and rely on Fannie Mae form 1073a, Analysis of Annual Income and Expenses - Operating Budget, executed by an authorized representative of the seller/servicer, owners association, or management agent.

Most people believe that the hardest part of starting and maintaining a successful business is finding the right product or service. In reality, this is hardly ever enough; it is simply the starting point. To be truly successful, you need to see your business through your customer's eyes. What do they want and need to keep coming back to you time and again? There are seven qualities of customer care that will take a business from the great product or service to the great company that will keep customers coming back for more. Here's what it takes to win and keep your customers.

1. Accessibility It starts by making it easy for your customer to do business with you. Accessibility includes things such as ample parking, phone systems that are easy to use, returning e-mail the day it is received, and a website that is clear and easy to navigate. It means you use language that is clear and easily understood by all. If you have diverse customers, it means translating your materials into their native language.

2. Availability
Are you there when your customers need you? Make sure that your business hours are compatible with your clients/customers needs. If your business takes appointments or reservations, allow your customers to make them for the same day that they call you. On days when your business is closed, have a place or person that your customers can go to get information. This could be a website, a person on call, or a helpful message on your phone system. Nowadays, people seek information 24/7 ‑‑ make sure that they can get what they need when they need it.

3. Affability
Everyone wants to do business with nice, pleasant people. Seems simple, right? But sometimes the simplest of things are the hardest to accomplish. Having to deal with the realities of life, like traffic, arguments or just not feeling well, can make being pleasant seem impossible. However, making a point of warmly greeting your customers on the phone or in person can have an amazing impact on the success of your business. Everyone (from the janitor to the CEO) should greet customers warmly. Affability is everyone's responsibility. This will help ensure your customers get the treatment they deserve.

4. Agreeability
Customers want to hear "Yes" when they ask you for something.But, how many times do you say "No" to your customers? Perhaps you hide behind policies and procedures. Do you really think that it feels better when your customers hear, "No, sorry it's our policy?" But obviously you can't say "Yes" every time your customers ask for something. So how do you know when to say "Yes" without it becoming a problem? Put it through a very simple filter. If it isn't illegal, immoral or unethical, say "YES." Even if you can't say, "YES," don't say "No." Instead, stop, take a breath and say, "Let me see what I can do." Then do something: find a way around the issue-- call a supervisor ‑‑ be creative ‑‑ show the customer that you are doing everything possible to accommodate them. When you say "YES!" you are showing your customer that you value their business and that you care about their best interests.

5. Accountability Take ownership of your customer's needs and issues. Let them know that you will do what it takes to make them happy. If there is a problem, be the one who gets it resolved, even if you didn't create the problem. See it through until it's resolved. When other people need to be involved you should still follow-up to make sure that the problem was resolved successfully.

6. Adaptability
Your customers' desires are constantly changing. Make sure that you keep up. Adaptability is essential. Don't just wait for their requests, talk to them, ask them about their experience doing business with you. What do they like about your business? What do they dislike? Then give them what they want. More than keeping up, make sure you are exceeding your customers' expectations. If you always provide something exceptional, they will grow to expect it, and it ceases to be exceptional. When exceptional becomes the norm you need to figure out new ways to surprise and delight them.

7. Ability
It might seem strange that ability comes last on the list. If you do all the things described above successfully, customers will be far more willing to accept that you are not perfect. But this doesn't mean that you don't have to strive for continuous improvement. Your customers are getting more and more knowledgeable. The Internet has made it easy for them to gain expertise. You need to do as much research as they do. More than ever, you need to be an expert about your products and services. Take 15 minutes out of your day and learn something new: read what your customers read; find out what others are saying about your products and services; learn about your competition.

You can truly set yourself apart from the competition when you strive for more knowledge and expertise every day. Focusing on what is important to your customers allows you to truly set yourself apart from your competition. Strive to embody the seven qualities of customer care and create customers for life.

About the author Laurie Brown is an international trainer and consultant who works to help people improve their sales, service and presentation skills

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.

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. ...