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Paul N. Paterakis Lake Zurich, Long Grove, Hawthorn Woods, Kildeer Real Estate

IRS and “forgiven” mortgage amount(s) - PowerteamHomes.com

IRS Mortgage Forgiveness - PowerTeamHomes.comSome of you keep asking if the IRS will go after stressed sales homeowners for the

forgiven amount they did not pay via the sale of their home that closed for much less than the mortgage
note. Back in 2010 and reported on our Monday’s MEMO’s we gave you the details on it: a two
(2) year “stay” on that making it to December 31, 2012.


However, the IRS came up with certain restrictions on it (as they always do), and will review
each case independently based on the following and more:
• Amount forgiven vs. amount actually owed on the mortgage
• Value of home regardless of loan amount
• Homeowner tax bracket and other possible assets owned
• Possible taxable “recovery” elsewhere from the homeowner


Again, the IRS’s list is a lot longer but for them the idea is simple: if you are finished, no money,
on the street/rental, no job, on welfare etc your chances of total forgiveness are very high. If you
still own other assets and they see that you can quickly come back up…the IRS will tax the short
sale part of the forgiven loan and the tax will need to get paid. Always refer to your Attorney, CPA,tax specialist.

FHA extends the anti-flipping waiver to help home sales - PowerteamHomes.com

FHA Home OwnershipOn December 28, 2011 the FHA extended its waiver of a rule that prohibits the agency from insuring homes sold within 90 days of their acquisition. The anti-flipping regulation was
designed to prevent activity that could be harmful to neighborhoods.
While the law was created to maintain stability in the housing market, the FHA temporarily
waived it back in 2010, saying a reprieve would allow buyers to acquire HUD-owned properties,
bank-owned properties and private homes for the purpose of improving them and selling them to
revitalize the neighborhoods.


The waiver is set to expire on January 31, 2012; however, it will now be in effect through
December 31, 2012.


“This extension is intended to accelerate the resale of foreclosed properties in neighborhoods
struggling to overcome the possible effects of abandonment and blight,” said Carol Galante,
acting FHA commissioner. “FHA remains a critical source of mortgage financing and stability
and we must make every effort to promote recovery in every possible way we can.”


The waiver is subject to certain restrictions and it stipulates that all qualified transactions must be
at arms-length, meaning parties to the deal cannot be striving to achieve some type of kick-back
or special interest separate from buying and selling of the real estate.


When the sale price of the property is 20% or more above the seller’s acquisition cost, the waiver
will only take effect if the lender meets all criteria and provides documents that justify the price
increase, according to FHA. The waiver only applies to forward mortgages, and is not available
for home equity conversion mortgages.

A New Twist to Estate Planning in Illinois - PowerteamHomes.com

Estate planning - Real EstateA new law will soon make it easier to transfer residential real estate upon death while avoiding the time and cost of going through probate. Governor Quinn recently signed into law the Illinois Residential Real Property Transfer on Death Instrument Act which takes effect January 1, 2012.

Under the Act, an owner of residential real estate may execute a Transfer on Death Instrument (“TODI”), which allows the property to pass to one or more designated beneficiaries upon the death of the owner. The designated beneficiary could be an individual, corporation, trust, partnership, limited liability company, or a corporation.

The requirements of a TODI are similar to those of a will. The TODI must contain all the elements of a regular deed and also requires two witnesses and a notary. After the TODI is executed by all necessary parties, it must be recorded in the county where it is located. The owner is free to mortgage, sell, lease or deed the property during his or her lifetime. The designated beneficiary has no rights to the property until the owner passes away. If the owner changes his or her mind as to who the designated beneficiary should be, the owner may revoke the TODI by recording a revocation with the county’s recorder of deeds office.

Upon the owner’s death, the beneficiary must appropriately claim the property by signing and recording with the county a Notice of Death Affidavit and a Notice of Acceptance. Once recorded, the beneficiary takes title to the property effective on the date of the owner’s death. If the two documents are not recorded within thirty days after the owner’s death by at least one beneficiary, the personal representative of the owner’s estate may take possession of the property and can place a lien on the property for all reasonable costs and expenses of managing and caring for the property. If the Notice of Death Affidavit and the Notice of Acceptance are not recorded within two years of the owner’s death, the TODI becomes void and the property then passes to the deceased owner’s estate.

Encourage your clients to talk to their estate planning attorneys to see if this new Act would benefit them and their heirs. The minimal cost and time of preparing and recording a TODI could be a favorable way to avoid the costs and time delays of going through probate.

809 Area Code: do not dial it! - The Paul Paterakis Power team of RE/MAX Showcase


Someone will actually call you from this area code and leave you a message along these lines:
“Hey, this is Karen, sorry I missed you – get back to us quickly. I have something important to
tell you.” Then she will repeat a phone number beginning with 809: do not respond, it’s a scam!
AT & T has been sending out emails NOT to ever dial area codes 809, 284 and 876. If you call from the U.S. you will be charged $2,425.00 per minute!

If you call back you will be listening to a very long message (just to keep you on and add minutes to the call). They will tell you that they have important information about a family member who has been ill or tell you that someone has been arrested, died or to let you know you have won a wonderful prize etc. With so many new area codes these days, people unknowingly return these calls by just tapping on the number and not even look at what’s on caller ID.

The 809 area code is located in the Dominican Republic. The charges can quickly become a nightmare since you made the call. Your local and long distance companies will most likely tell you that they are simply providing the billing for the foreign company and you will end up dealing with a foreign company that will argue having done nothing wrong. Nobody needs this kind of very expensive pain.

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Is green energy unrealistic? - The Paul Paterakis Power Team of RE/MAX Showcase


Jerry Taylor and Peter Van Doren had a great article in Forbes that helped me “balance” the ongoing conversation and costs of green energy compared to our current structure; wind, solar and biomass presently constitutes only 3.6% of fuel used to generate electricity in the U.S. How much will it cost to go green? Energy expert Vaclav Smil calculates that achieving that goal in a decade would incur building costs and write-downs on the order of $4 trillion; $2.5 trillion just to build the necessary generators alone.

Green energy/economy is old and back in the 13th century it was all they had; it is quite literally the energy of yesterday. Few seem to realize that we abandoned “green” energy centuries ago for five very good reasons.

First, green energy is diffuse and it takes a tremendous amount of land and material to harness even a little bit of energy. Jesse Ausubel, at Rockefeller University, calculates that the entire state of Connecticut would need to be devoted to wind turbines to power the city of New York.

Second, it is extremely costly. In 2016 President Obama’s own Energy Information Administration estimates that onshore wind (the least expensive of these green energies), will be 80% more expensive than combined cycle, gas-fired electricity. That doesn’t account for the costs associated with the hundreds of billions of dollars worth of new transmission systems that
would be necessary to get wind and solar energy which is generally produced far from where consumers/ratepayers happen to live.

Third, it is unreliable. The wind doesn’t always blow and the sun doesn’t always shine when the energy is needed. We account for that today by having a lot of coal and natural gas generation on “standby” to fire-up when renewables can’t produce. The cost of maintaining this back up is not even included in the cost estimates for green energy. It’s no wonder the peasants of the Dark Age could not rely upon the vagaries of the weather.

Fourth, it is scarce. The wind and sunlight are obviously not scarce but the real estate where those energies are reliably continuous and in economic proximity to ratepayers is scarce.

Finally, once the electricity is produced by the sun or wind, it cannot be stored because battery technology is not currently up to the task. Hence, we must immediately “use it or lose it.” Fossil fuels are everything that green energy is not. Approximately 1,000 cubic feet of natural gas (which costs about $4.00) can generate the same amount of electricity as running an average
rooftop solar system for 131 days. It is comparatively cheap, reliable, will burn and produce energy whenever you want it and you can store fossil fuels until you need them.

The federal government once promised that nuclear energy was on the cusp of being “too cheap to meter.” That was in the 1950s. Sixty-one billion dollars of subsidies and impossible-to-price regulatory preferences later, it’s still the most expensive source of conventional energy on the grid. So much for government promises!

The fundamental question that green energy proponents must answer is: if green energy is so inevitable and such a great investment, why do we need to subsidize it? If and when renewable energy makes economic sense, profit-hungry investors will build all that we need for us without government needing to lift a finger. But if it doesn’t make economic sense, all the subsidies in the world won’t change the fact.

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