Significant RESPA changes coming

The new RESPA (Real Estate Settlement Procedures Act) regulations that were published on November 17, 2008, are going into effect January 1, 2010.  These changes were primarily enacted to protect borrowers against excessive loan fee charges, and to make it easier for borrowers to understand their key loan terms and to determine the exact charges they are responsible for paying at closing. Such terms include:

• Loan term.
• Interest rate and whether it is fixed or variable.
• Whether there is a pre-payment penalty should the borrower choose to refinance at a later date.
• If there is a balloon payment.
• Total closing costs.

Good Faith Estimate (GFE) and HUD-1 Regulations

HUD, the primary agency for enforcing RESPA laws, is requiring that loan originators (lenders and mortgage brokers) must provide borrowers with a standard Good Faith Estimate that specifically discloses all their key loan terms and closing costs. Closing agents (including title companies) must provide borrowers with the revised HUD-1 settlement statement. It will now be easier for borrowers to compare their GFE with their HUD-1 Settlement Statement because each designated line on the final HUD-1 will make a reference to the appropriate line from their GFE.

Borrowers can shop around and compare loan products quicker and easier as well. HUD estimates that consumers will also save as much as $700.00 at closing under the new regulations as a result of the elimination of many junk fees that lenders and closing agents were charging borrowers such as fees for courier, wiring, notary, photocopying, postage, overnight delivery, document preparation and document review.

The new regulations affect mortgage loan transactions and not cash transaction. However, cash buyers are also provided with a HUD-1 closing statement a few days before closing by the closing agent to determine their closing fees. Cash buyers should request a closing statement if it is not provided. These new regulations will help prevent lender fraud and make it easier for borrowers to shop for competitive loan products. For more information on the new regulations, visit the HUD website at http://www.hud.gov/offices/hsg/ramh/res/resparulefaqs.pdf.

A Few More Reasons

Just a few more reasons why buyers should be taking advantage of the many loan products available today to help them with their purchase of Miami Beach real estate, South Beach real estate, Bal Harbour real estate, Sunny Isles Beach real estate, or Golden Beach real estate. These loan rates and affordable luxury condos & homes won’t be around for ever so take advantage now!

New Tax Credits for Home Buyers

Some good news for a change! Congress approved the extension of the $8,000 federal first-time home buyer tax credit, and President Obama signed the law into effect on November 9, 2009. The tax credit was supposed to expire December 1, 2009, and has now been extended through April 30, 2010.

Even better, there has been an addition to the law allowing existing homeowners who want to move up or down to another home to receive a tax credit in the sum of $6,500.00, so long as they have owned and lived in their previous home for five consecutive years out of the last eight years.

Whether you are looking for Miami Beach real estate, South Beach real estate, Sunny Isles Beach real estate, Bal Harbour real estate or Golden Beach real estate, you should take advantage of these great tax credits, the current low interest rates and affordable prices these communities have to offer.  Those of who have been sitting patiently on the sideline waiting, you no longer have any reasons to delay the purchase of your Miami Beach and surrounding area luxury condos and homes.
Here are some highlights of the new tax credit law:

First Time Home Buyer Credit

• First time home buyers who purchase a home on or after January 1, 2009 and before April 30, 2010, are eligible to receive an $8,000 tax credit. If your purchase and sales contract is signed on April 30, 2010, and you complete your transaction by June 30, 2010, you will qualify for the credit.

• The IRS definition of first-time home buyer is a buyer who has not owned a principal residence during a three year period prior to their purchase.

• The tax credit does not have to be repaid.

• The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $8,000.

• The tax credit applies only to homes priced at $800,000 or less that are primary residences. No investment properties or second homes qualify.

• For homes purchased on or after January 1, 2009 and on or before November 6, 2009, the income limits are $75,000 for single taxpayers and $150,000 for married couples filing jointly.

• For homes purchased after November 6, 2009 and on or before April 30, 2010, single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.

Long-Time Residences/ Same Residences  (Move Up/ Down) Buyers

• Buyers must have owned and lived in their previous home for five consecutive years out of the last eight years.

• The tax credit does not have to be repaid.

• The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $6,500.

• The tax credit applies only to homes priced at $800,000 or less that are primary residences. No investment or second homes are eligible.

• The credit is available for homes purchased after November 6, 2009 and on or before April 30, 2010. If your purchase and sales contract is signed on April 30, 2010, and you complete your transaction by June 30, 2010, you also will qualify for the credit.

• Single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.

In order to avoid fraud, the IRS will require a copy of the HUD-1 closing statement from all buyers.

Military Buyers

If a Military member is deployed outside of the United States for a minimum of 90 days between December 31, 2008 and May 1, 2010, the tax credit is extended on purchases to on or before April 30, 2011.  If a purchase and sale contract is signed on April 30, 2011, the transaction must close on or before June 30, 2011 in order to qualify for the tax credit.

The new law is expected to further boost and help strengthen our recovering real estate market because it is beneficial to buyers, sellers and the entire real estate industry.

Thank you Coldwell!

Let’s Go!

flickr photo by zzzack

First time homebuyers have exactly 273 (Dec 1st) days to buy a home if they want to pocket $8,000 tax free. It’s not long. Unlike the tax credit enacted in 2008, the new credit does not have to be repaid. Every homebuyer has unique circumstances, however, and specific questions. The National Association of Home Builders (NAHB) has launched a consumer Web site with detailed information and an extensive list of common questions.

This homebuyer resource is found at: www.federalhousingtaxcredit.com

Voters have said yes on Amendment 1. Realtors around the state expect buyers and sellers’ pent up housing demand to generate an immediate increase in home sales following passage yesterday of Amendment 1, which allows buyers to now take their Save Our Homes tax savings with them when they move.

“People who buy now are getting a great deal because home prices have fallen,” says 2007 FAR President and St. Petersburg Realtor Nancy Riley, who led the charge last year in support of Amendment 1. “These price reductions, combined with portability, will mean a great deal on the taxes owed on their new home.” Some Realtors expect to see sales activity from first time buyers thanks to a slight increase in the homestead exemption provided by Amendment 1, then record low mortgage rates, pent up demand as the market is closely watched and a large selection of properties for a great selection of Miami Beach FL real estate.

“Again, given the lower cost of housing and the increased homestead exemption, those who have been dreaming of buying their first home will find this the best market in many years,” Riley adds. The portability provision of Amendment 1 is retroactive only to January 1st, 2007. Sellers may transfer their Save Our Homes credit (the difference between the assessed value of a homestead and the market or “just” value) provided these terms

1. The residence sold last year was homesteaded
2. The new residence qualified for the homestead exemption as of Jan. 1, 2008
3. The owner applies for the exemption and transfer with the county property appraiser by March 1, 2008. For specific questions about property tax reform, you may contact their local property appraiser at MiamiDade.gov. You’re invited to leave any thoughts, ideas and opinions by commenting below.