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Meli Gerogianis, e-PRO

New rules from Freddie & Fanny affect Investors

If you are an investor or have clients that are investors, please be advised on the changes from Freddie Mac and Fanny Mae regarding financing for investment properties.

As of a month ago or so, you can no longer finance a residential non-owner occupied property through a regular 15-30 year fixed rate mortgage if you have 4 or more properties already financed, including your own residence and any equity lines of credit! It used to be you couldn't finance more than 4 properties per given year, but now that has changed to 4 properties - TOTAL!

I found that out the hard way! I sold one of my investment properties and was getting ready to do a 1031 Exchange, just to find out that I didn't qualify for a mortgage due to having more than 4 properties financed at this time! I cannot begin to tell you how angry that made me!

You would think that the 700 billion dollars that the banks got for the bail-out, would allow the banks to approve more rather than less mortgages, especially to people with good credit, good payment history, good income and a record of running a profitable business for many years! Or maybe not! After all they need the money to pay for their CEO's Christmas bonus!

Nevertheless, make sure to keep this change in mind and advise your clients as well so they don't initiate any purchases without securing the funds and end up not getting the property and paying taxes on an uncomplete exchange! (Undeveloped land, commercial properties and residential multi-units 5+ are not effected by this change!) Also, you might still be able to secure financing through other sources such as personal loans, hard money loans, commercial loans etc.

Reduce Your Mortgage Obligations to Avoid Foreclosure

I have a client in short sale with a 1st mortgage, a home-equity line of credit, and a third lien. As we've been working through the process of getting his home sold, I've had to help him keep up with whatever he can. I had to do some research and learn a few things myself so I can be there for him and help him find his way again! As I searched different areas, I found this interesting article that I thought would be good to share with you all. Have a great weekend.

by Attorney Stephen R. Elias

You may be able to stop paying some of your home loans without risking foreclosure. Here's how.

If you're like many homeowners, your home may be encumbered with a second or third mortgage (or deed of trust), and perhaps a home equity loan. You may be able to avoid foreclosure if you are having trouble making all your mortgage payments, by paying the right loan and either stoping payments or making reduced payments on the rest. In almost every case, your first mortgage or deed of trust is the right loan to keep current.

Although stopping payment of loans secured by your home is usually a last resort, if you can do so safely (that is, without risk of foreclosure), thereby leaving you with more money to pay the one or two lenders that could foreclose on your house, this strategy could keep you in your home. (To learn about other strategies to deal with the threat of foreclosure, see How to Avoid Foreclosure and How Bankruptcy Can Help With Foreclosure.)

Here's how it works.

Mortgages and Foreclosure: The Basics

When you originally took out the loan to buy your home, you agreed to have the loan (or loans) secured by a mortgage or deed of trust. This gives the lender a lien (legal claim) on the property. If you fail to comply with the payment terms of the loan, the lender can enforce its rights by foreclosing on your home. In foreclosure, the lender sells your home in order to recoup the money you owe under the mortgage.

Short Sales Info!

The last couple of months I've had to work with a new short sale property and it has been an educating process to me. I've had to do a lot of reading and fast learning in the process.

I found out that in many states, lenders can sue homeowners even after the house is foreclosed on or sold, to recover for any remaining deficiency (the difference between the selling and owed amount).

In a "short sale" the homeowner gets permission from the lender to sell the house for an amount that will not cover the entire loan (the sale price falls "short" of the amount owed to the lender).

***A short sale is beneficial if you live in a state that allows lenders to sue for a deficiency -- but only if you get your lender to agree (in writing) to let you off the hook.

How will a short sale help? The main benefit of a short sale is that you get out from under your mortgage without liability for the deficiency. You also avoid having a foreclosure or a bankruptcy on your credit record. The general thinking is that your credit won't suffer as much as it would were you to let the foreclosure proceed or file for bankruptcy.

What are the drawbacks? You've got to have an offer from a buyer before you can find out whether or not the lender will go along with it. In a market where sales are hard to come by, this can be frustrating because you won't know in advance what the lender is willing to settle for. (this is a very frustrating experience - it's like what came first: the chiken or the egg?)

What if you have more than one loan? If you have a second or third mortgage (or home equity loan or line of credit), those lenders must also agree to the short sale. Unfortunately, this is often impossible since those lenders won't stand to gain anything from the short sale. (I found that out with my client's line of credit... still have not received an answer on accepting or not of the offers we got!

Beware of tax consequences. A short sale may generate an unwelcome surprise: Taxable income based on the amount the sale proceeds are short of what you owe (again, called the "deficiency"). The IRS treats forgiven debt as taxable income, subject to regular income tax. You will receive a 1099-MISC showing the deficiency amount as regular income which you will pay taxes on. The good news iare that there are some exceptions for the years 2007 to 2009.

Mortgages - A Sad Joke

-The dream of the older generation was to pay off a mortgage. The dream of today's young families is to get one.
-There is no longer a need for the neutron bomb. We already have something that destroys people and leaves buildings intact. It's called a mortgage.
- If you think no one cares you're alive, miss a couple of house payments.
- This country is great. It's the only place where you can borrow money for a downpayment, get a 1st and 2nd
mortgage and call yourself a homeowner.
- Home is where the mortgage is.
- The house was more covered with mortgages than with paint.
- Housebroke--What you are after buying a house.

Funny but also sad to think how dependent we've become on other people's (bank's) money and how little most people know about it! I really wish that basic financial education including purchasing a home, a car, personal loans & credit cards would become part of high school education.

Lease Agreement - Get professional Opinion

Did you know that one little word on your lease can cost you a fortune? If you say maintenance vs. damages, you end up collecting nothing form your tenant that just destroyed your property? I found that out the hard way! The judge said if it didn't specifically say: Tenant to pay for any and all damages, any maintenance issues, neglect, damgage to the property will go unaccounted for.

If you have rental property, do yourself a favor and take all your paperwork to a specialized attorney to review it and make sure if you had to ever enforce any item on your lease, you will be able to do so in front of a court judge. And as a backup, check your insurance to make sure it too will be on your side if needed.