Jerry LaRose, Realtor, Short Sale Expert Orlando, Florida Real Estate Expert

Q: How will the law help struggling homeowners keep their homes?

A: Through the Federal Housing Administration (FHA), an estimated

400,000 borrowers in danger of losing their homes will be able to refinance

into more affordable government-insured mortgages. The program offers

government insurance to lenders who voluntarily reduce mortgages for at-

risk homeowners to at least 90% of the property's current value.

Q: When will the program begin?

A: The program will begin on October 1, 2008 and sunset on September

30, 2011. Homeowners in danger of losing their homes before October 1,

however, should not wait to contact their loan servicers and should begin

applying for federally insured mortgages now.

Q: Who is eligible?

A: To be eligible to participate in this program, a borrower must:

• Have a loan on an owner-occupied principal residence. Investors,

speculators, or borrowers who own second homes cannot participate

in this program.

• Have a monthly mortgage payment greater than at least 31 percent of

the borrower's total monthly income, as of March 1, 2008.

• Certify that he or she has not intentionally defaulted on an existing

mortgage, and did not obtain the existing loan fraudulently.

• Not have been convicted of fraud.

Q: How can a homeowner access this new program?

A: Homeowners or a servicer of an existing eligible loan need to contact an

FHA-approved lender. The FHA-approved lender will determine the size of a

loan that a borrower can reasonably repay and that meets the requirements

of the program. If the current lender or mortgage holder agrees to write-

down the amount of the existing mortgage and make the new loan

affordable, the FHA lender will payoff the discounted existing mortgage.

Loans provided under this program must be 30-year fixed rate loans.

Q: Are lenders required to participate in this program?

A: No. The program is completely voluntary for lenders, investors, loan

servicers, and borrowers.

Q: How does this law help neighborhoods that have been hit by theforeclosure crisis?

A: The impact of the current crisis has not been isolated to individual

borrowers or investors, but has been felt broadly by neighbors,

communities, and governments across the nation. The law strengthens

neighborhoods hit hardest by the foreclosure crisis by providing $3.9 billion

in Community Development Block Grants to states and localities to buy

foreclosed homes standing empty, rehabilitate foreclosed properties, and

stabilize the housing market.

Q: Will this law be a bailout for speculators, homeowners, investors,

and lenders?

A: No. It is narrowly tailored to keep families in their homes. For example:

• Only primary residences are eligible: NO speculators, investment

properties, second or third homes will be refinanced.

• Investors and lenders must take big losses first in order even to

participate. The owner of the old mortgage can get a maximum of

90% of the current value of the home (which presumably will be

considerably less than the value of the original loan). In many cases

the loss will be significantly greater, but 10% is the minimum.

• In addition, lenders must waive any penalties or fees, and help pay

for the origination and closing costs of the new loans.

• Most homeowners will have seen the equity in their homes disappear

before being able to refinance under this program. In addition, the

FHA will get a portion of any future profits on the house, to make sure

the government recoups its investment over the long run.

Q: Will this law reward families who bought homes they could notafford?

A: Many homeowners facing foreclosure were misled, were deceived, or

were in other ways the victims of unfair lending practices. To prevent future

abuses by lenders, this law will establish a nationwide loan originator

licensing and registration system to set minimum standards for all

residential mortgage brokers and lenders. It also strengthens mortgage

disclosure requirements to help ensure that borrowers understand their

mortgage loan terms.

Q: How will this law make it more affordable to own a home?

A: There are a number of provisions that will make homeownership more

affordable:

• Creates a refundable tax credit for first-time homebuyers that works

like an interest-free loan of up to $7,500 (to be paid back over 15

years) .

• Grants states $11 billion of additional tax-exempt bond authority in

2008 that they can use to refinance subprime loans, make loans to

first-time homebuyers and to finance the building of affordable rental

housing.

• Raises conforming loan limits for the FHA, Fannie Mae and Freddie

Mac to $625,500. Because of the high cost of housing in California, a

majority of the state IS residents were previously shut out from these

programs. Raising these loan limits will lead to lower interest rates on

some loans, greater refinancing opportunities, and enable more

borrowers in high cost areas to avoid the type of nontraditional and

frequently abusive loans that led to the current crisis.

• Provides couples using the standard deduction with up to an

additional $1,000 deduction for property taxes ($500 for individuals).

Q: Does the law provide help to those who still cannot afford to own a

home?

A: Yes. The bill includes a number of provisions to increase the supply of

affordable housing, which has been a major problem in California pre-

dating the current foreclosure crisis. For example:

• The bill creates a new permanent affordable housing trust fund -

financed by Fannie Mae and Freddie Mac and not by taxpayers - to

fund the construction, maintenance and preservation of affordable

rental housing for low and very low-income individuals and families

nationwide in both rural and urban areas.

• In addition, the legislation provides a temporary increase in the Low-

Income Housing Tax Credit and simplification of the credit to help put

builders to work to create new options for families seeking affordable

housing alternatives.

Fact Sheet:

The President has signed into law legislation that will allow HUD's Federal

Housing Administration (FHA) to continue providing targeted mortgage

assistance to homeowners. The Hope for Homeowners program will

continue FHA's existing and successful efforts to provide aid to struggling

families trapped in mortgages they currently cannot afford. Under the

program, certain borrowers facing difficulty with their mortgage will be

eligible to refinance into FHA-insured mortgages they can afford. The

program will be implemented on October 1, 2008.

Homeowners May Already Be Eligible For Assistance

Families should not wait to seek mortgage relief. Right now, homeowners

can determine if they are already eligible for mortgage assistance through

FHASecure, FHA's existing refinancing program. They can obtain

information through any of the following options:

1. Contact a local, HUD-approved housing counseling agency at

www.HUD.gov;

2. Contact the HOPE NOW Alliance at (888) 995-HOPE; or

3. Call FHA at (800) CALL-FHA.

Sustainable. Affordability Homeownership

Hope for Homeowners maintains FHA's long-standing requirement that

new loans be based on a family's long-term ability to repay the mortgage.

FHA only allows owner-occupants to be eligible for FHA-insured

mortgages. Borrowers must also meet the following eligibility criteria:

• Their mortgage must have originated on or before January 1, 2008;
• Their mortgage debt-to-income must be at least 31 percent;
• They cannot afford their current loan;
• They did not intentionally miss mortgage payments; and
• They do not own second homes.

Features of FHA-insured loans under the new program include:

• 30-year, fixed rate mortgage;
• Maximum 90 percent loan-to-value ratio;
• No prepayment penalties;
• $550,440 maximum mortgage amount;
• Extinguishment of any subordinate liens; and
• New home appraisals from FHA-approved appraisers.

HUD, Treasury, FDIC and the Federal Reserve will form the

Congressionally-mandated Board of Directors and work together to

establish additional program standards.

Voluntary Lender Participation

FHA will continue to offer lenders an alternative to foreclosing on

borrowers. Similar to FHASecure's recent expansion, lenders will be

encouraged to write-down the outstanding mortgage principal balances to

90 percent of the new value of the property. In many cases, reductions in

principle will cost lenders less than the losses associated with foreclosure.

Market Stability and Liquidity

By continuing to slow the rate of foreclosures, this program will support

FHA's existing effort to stabilize local housing markets. From September

2007 to June 2008, FHA has guaranteed more than $93 billion of mortgage

capital.

Funding .

FHA will insure up to $300 billion in new loans. Borrowers will pay an

upfront premium of 3 percent of the original mortgage amount and an

annual premium of 1.5 percent of the outstanding mortgage amount. Any

additional costs incurred by FHA will be reimbursed by Fannie Mae and

Freddie Mac.

Program Timeline

The program will last from October 1, 2008 through September 30, 2011.

Since September 2007, FHASecure has helped more than 290,000 families

obtain safer, more affordable mortgages. FHASecure is on pace to help

500,000 families by the end of the year.

What is a Short Sale?

A short sale is when the lender will accept less than the full amount due on a mortgage when a property is sold. Usually, the lender will accept the short sale to avoid the time and expense of a foreclosure. Financially the lender is actually ahead after a short sale.

What is a Foreclosure?

In simple terms: The homeowner has not been making the mortgage payments, and it is the action the financial institution can use to take the house back. The homeowner borrowed money using the house as collateral with the agreement that if they could not pay it back, then the lender could take the house.

What is a Forbearance Agreement?

A forbearance agreement is a written agreement with your mortgage company in which you arrange to keep your home. The agreement will normally include two primary elements:

The borrower's promise to remain current on the mortgage going forward.

Some plan for making up the delinquent interest and other charges. It may mean additional payments to the mortgage company or the delinquent amount could be added to the loan to be paid later.

What is involved to do a Short Sale?

In order to start negotiating the Short Sale the lender will usually require the homeowner to submit verification that they are qualified in order to consider the short sale. The information required and documentation necessary is provided as well as training on the entire process.

Will the bank come after the homeowner for the difference?

I will always negotiate with lenders to "Not seek a deficiency judgment" against the homeowner.

Is the seller going to get hit with a tax bill or a 1099 if you do a short sale?

Upon successfully closing a short sale, lenders will always report a loss to the IRS and issue a 1099. However, the Mortgage Forgiveness Act of 2007 was signed into law on 12-20-07 and is now official, effectively getting rid of the question "will I be taxed on the Short Sale". Prior to this action, forgiven mortgage debt due to foreclosure, short sale, or deed in lieu of foreclosure, was potentially taxable income to the borrower.

This was the subject of much media attention and led to many questions and concerns from Sellers wondering whether or not they were going to get "hit with taxes" on the Short Sale.
The new law, however, temporarily waives these taxes for debts forgiven (as high as 35%) from the beginning of 2007 to the end of 2009.
This will effectively put an end to the question from Sellers... will I be taxed on the Short Sale discount. The definitive answer (at least until the end of 2009) is NO!

For a copy of the Mortgage Forgiveness Debt Relief Act of 2007, go to:
http://www.govtrack.us/congress/bill.xpd?bill=h110-3648 or http://www.whitehouse.gov/news/releases/2007/12/20071220-6.html

The bottom line here is that only Acquisition funding can be forgiven by the Mortgage Forgiveness Debt Relief Act of 2007.

Foreclosure, Deed in Lieu and Short Sales are all treated the same in regards to taxes.

Any cancellation of debt is a taxable event except for any acquisition funding for your primary residence that you've lived in for the last 2 years. Everything else is taxable. However, please see you tax advisor if you have a second home or investment property that you are considering a short sale on. You accountant may advise you that you may have a loss on this investment property that would offset any gain. Please seek advise from your tax advisor.

Will the homeowners credit be affected?

If the homeowner has to short sale their home they've most likely missed payments already. That in itself has already adversely affected their credit. The key here is to stop the devastating affect on your credit that a Foreclosure causes. A Foreclosure is the most damaging record on your credit report - its even worse than bankruptcy.

By working with Jerry LaRose you give yourself a fighting chance of avoiding foreclosure and start towards the "Rebuilding" process. With our help, your credit will recover quickly if you keep your other lines of credit in good standing. With Jerry LaRose you have an experienced team of professionals that will help you through these tough times.

Is a Short Sale right for me and my situation?

Mortgage lenders are increasingly willing to work with borrowers faced with a financial hardship to accept a discounted payoff on a mortgage. If you are faced with a hardship, and are unable to meet your obligation on your mortgage, your lender would prefer to settle the matter with you as opposed to taking the property through foreclosure.
As you consider the option of pursuing a short sale, remember your lender is looking to limit any potential loss on your loan. By completing a short sale, your lender has arrived at a solution that is, for them, much better than a costly foreclosure.

What sort of hardship would my lender consider legitimate?

To some extent, that will depend upon the mortgage company considering the short sale request. Generally, as long as the hardship is real and the mortgage company believes the loan is likely to become delinquent as a result, the short sale request will be processed by the Loss Mitigation Department. A big key to getting Loss Mitigation to accept a hardship is to submit a strong hardship letter. The hardship letter sets the tone for the entire file.

Will the lender approve a Short Sale even if the homeowner is current on their mortgage?

Yes we have successfully negotiated and received an approval on a short sale even when the homeowner was current on their payments.

Why would a mortgage company agree to accept a short sale?

There are actually several reasons why a mortgage company would approve a short sale payoff, including the following:

• Legal Concerns: Mortgage lenders have come under legal pressure to work with borrowers to equitably resolve situations where borrowers are unable to meet their mortgage obligation, particularly when the borrower makes an effort to arrive at a compromise solution.

• Wall Street is Watching Mortgage lenders rely heavily on their ability to package and sell bundles of loans on the secondary mortgage market. They need to sell these bundles of loans in order to put the funds back to work by loaning the money again and collect loan fees along the way. If mortgages perform poorly after they are sold it could impact the lender's ability to sell their loans on the secondary market. A successful short sale gets the loan payoff resolved quickly.

• Asset Management Expenses- If a lender acquires a property through foreclosure, the property will be managed until it is repaired and resold. It is expensive to manage real property assets - homes - spread throughout the region, the state and possibly even the nation. Keeping properties maintained, keeping utilities on, making repairs and the administrative costs attached to these activities are all costs the lender would prefer to avoid. A successful short sale eliminates most of these costs.

• Reserve Requirement- Delinquent and non-performing loans place another burden on mortgage lenders. For all delinquent and non-performing loans lenders must set aside funds in reserve to deal with potential losses. These funds cannot be put to work generating new loan fees until the bad loans are resolved. A successful short sale lets the lender put their money back to work.

Can I still short sale my home even if I have 2 loans?

Yes, it doesn't matter how much you owe. The lender will evaluate what the current market value is and then decide how much they will accept.

Can I still do a short sale even if the property is in very bad condition?

Yes. Lenders are more motivated to do a short sale on a property that needs work than on a property that doesn't. Lenders know losses start to skyrocket when they foreclose on a property that needs a lot of repair work. Lenders are in the business of lending money not property management and home repairs.

If I am behind in my payments and can't afford closing costs what can I do?

Lenders are understanding when it comes to this situation and will actually pay the REALTORS® commission and your closing costs.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales

As of October 1, 2008 there is a new Foreclosure Fraud rescue Law. F.S. 501.1377 Anyone working with short sales in Florida expecially in Orlando need to be aware of this new Law. The intent obviously is to protect the homeowners. To read this 7 page Law click below.

http://laws.flrules.org/files/Ch_2008-079.pdf

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

If you have been contemplating short sales chances are you are familiar with the favorable tax treatment afforded by real estate; the ability to use Capital Gains rather than earned income for property held longer than 365 days, 1031 exchange options and depreciation are just a few of the perks short sale investors have come to know and love. However, there are a few terrific tax benefits that are easily overlooked including these five frequently forgotten options:

1. Tax Deductible Travel. Not just around town but in almost any location where short sales are to be found. Meals, lodging, fuel charges and other common costs may reduce your tax burden. Consult with your CPA for specifics related to your individual situation.

2. Computers, Equipment, Cable Internet, Phone and Other Home Office Deductions. If you are following the Short Sales action plan then you already know it is possible to run the entire business from the comfort of your home. Home office deductions can add up fast especially when you calculate the percent of mortgage, homeowner's insurance premiums and other items used to conduct business. Everything from cell phones (and service) to equipment is often able to be pre-rated.

3. Books, Training, Software, Educational and Investment Programs. Staying up to date on the latest and greatest information is a legitimate business expense so start saving those receipts.

4. Interest Paid on HELOC's or Home Equity Loans. Not only is the mortgage, interest and other costs associated with the purchase of a short sale property deductible but it is often possible to obtain a line of credit, HELOC or other form of home equity loan on a short sale property then write-off the interest portion of the payments.

5. Home Improvement Costs. Tools, supplies, travel and other costs associated with repairing or improving the property are also valid methods of reducing your tax burden when selling the home. Just remember, the IRS rarely allows investors to deduct their own time or labor unless established under an independent LLC or other entity so it often makes more sense to hire someone to do the work for you rather than attempt to go it alone. Run the numbers to determine if doing the work yourself makes financial sense - in most cases it doesn't.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

This probably won't come as a surprise to the many Realtors and investors reading this e-mail, but RealtyTrac announced today that US foreclosure filings were up 71% in the third quarter over the same period last year. Almost 766,000 homeowners had a sheriff show up at the door and with a foreclosure complaint in hand.

Six states made up for nearly 60% of the list: Arizona, California, Florida, Michigan, Ohio, and Nevada. If you think for a moment that short sales and REOs are just a 2008 event you're crazy. This will continue well into 2010 as the market absorbs the inventory that is just now coming online... Alan Greenspan, famous for his "irrational exuberance" comments that took the air out of the Internet bubble, now has a new moniker he'll be known for: "Credit Tsunami." Greenspan testified before Congress this morning and told lawmakers that he was in a state of "shocked disbelief" over the extent of the credit crisis and the credit tsunami that has ensued.

The former Fed Chairman said that the key to relief will be stabilizing home prices, which he doesn't foresee happening for "many months in the future." "Given the financial damage to date, I cannot see how we can avoid a significant rise in layoffs and unemployment," Greenspan said. "Fearful American households are attempting to adjust, as best they can, to a rapid contraction in credit availability, threats to retirement funds and increased job insecurity."

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as a short sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.