Category Archives: Real Estate

California Politicians Finally Passes State Tax Relief Bill For Short Sales and Modified Mortgage Loans

Politicians, like diapers, should be changed often and for the same reason

After much political wrangling, which seems to be the norm for California politicians,  the Governor signed “legislation to provide greater assistance to California Homeowners”.  Amazing how the politicians pat themselves on the back with their wording for something they should have done last year. Anyhow, here’s the press release, notice all the huffing and puffing of their chests for something that was so obvious for the politicians to pass without any fanfare.

“Gov. Schwarzenegger Signs Legislation to Provide Greater Assistance to California Homeowners

Tax Conformity Bill Also Promotes Growth in California Renewable Energy Projects

Governor Arnold Schwarzenegger today signed SB 401 by Senator Lois Wolk (D-Davis), legislation that will bring much of our state tax policy in line with federal policy while specifically providing greater tax relief to struggling California homeowners who have sold their homes as short sales or modified their mortgage loans. This bill will also assist companies that are developing new renewable energy projects in the state that are financed by economic stimulus grants received through the American Recovery and Reinvestment Act (Recovery Act).

“This legislation is a great example of what we can accomplish when we work together to solve problems that affect Californians, and I applaud Senator Lois Wolk, Senator Ron Calderon, Assembly member V. Manuel Pérez and Assembly member Anthony Portantino for their work. It is important that we continue to provide all possible assistance to homeowners who were negatively impacted by the mortgage crisis, and this bill will provide them with necessary mortgage debt relief and protect them from thousands of dollars in unfair taxes,” said Governor Schwarzenegger. “SB 401 will also help promote the growth of renewable energy projects in California by providing tax assistance to businesses to get their projects of the ground, which is good news for our economy.”

SB 401 extends the law providing mortgage debt forgiveness to homeowners who have already lost their homes due to declining home prices and cannot afford to pay thousands of dollars in taxes because the mortgage company forgave the remainder of the loan. This means that Californians who have sold their homes as short sales are allowed to exclude from taxable income the amount that was still owed to the mortgage company. The legislation, which increases the amount of mortgage debt forgiveness available, also applies to homeowners who have made loan modifications in 2009.

The bill also assists renewable energy companies that are currently establishing the financing to build their projects in California. By designating federal economic stimulus grants received through the Recovery Act for renewable energy projects are not treated as income for tax purposes, this legislation will help companies move these projects forward and help their business thrive in the state.”

Notice that the bill also attached a rider to aid renewable energy companies. I wonder if our politicians ever pass a bill without a rider on it?

On the surface the rider on SB 401 seems to be a good one, but has anyone read the fine print? What do you think?

John J. O’Dell
Real Estate Broker
Searching for short sales and foreclosures in Nevada County?
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Nicoles Cage Loses Home On Courthouse Steps

The Bel-Air mansion, at 11,817 square feet, has a central tower, custom wine cellar, 35-seat home theater, six bedrooms, nine bathrooms and an Olympic-size pool.

How does such a talented actor such as Nicolas Cage wind up losing his beautiful home.  Nicolas blames it on his manger Samuel J. Levin who he is suing. Nicolas accused Levin of having “lined his pockets with several million dollars in business management fees while leading Cage down a path toward financial ruin”

Levin filed his own counter suit, describing Cage as setting off “on a spending binge of epic proportions” and states that by July 2008 Cage owned “15 palatial homes around the world,” four yachts, an island in the Bahamas, a private Gulfstream jet and millions in art and jewelry.

It was up for auction Wednesday morning — along with a handful of other foreclosed properties — on the steps of the county courthouse in Pomona, Calif.

After a rapid-fire spiel by the auctioneer, the bidding was opened at $10.4 million, far less than the $35 million that Cage had tried unsuccessfully to sell the house for.

To put it mildly, the house, though impressive, was not to everyone’s taste. Real estate agent Bret Parsons, who toured it most recently in October, described the interiors as “fascinating and bizarre.”

“The design was ‘frat house bordello,’ ” Parsons said. “There must have been 300 comic book covers elaborately framed and hanging on the walls.”

Model train sets on raised tracks a couple of feet below the ceiling circled the inside of the breakfast room and two bedrooms.

There were also no takers in the courthouse sale, and in less than a minute the auction closed, with ownership reverting to the foreclosing lender — just one of six holding a total of $18 million in loans on the property.

This is not the only property lost to foreclosure by Cage, who was ranked last year by Forbes as the fifth-highest paid actor in the U.S. with earnings of $40 million.

The Bel-Air manse, at 11,817 square feet, has a central tower, custom wine cellar, 35-seat home theater, six bedrooms, nine bathrooms and an Olympic-size pool.

Borrowing against it included a first mortgage of $425,000 in 2005 and, in 2007, a second of $10.35 million and a third of $5.5 million.

The fourth, fifth and sixth loans, totaling $2.1 million, all came in 2008.

The courthouse event practically eliminated the lenders’ chances to collect on the last four loans because they’re no longer secured by the real estate.

” It was once owned by singer Dean Martin, who in 1974 commissioned Colcord to add a 2,500-square-foot entertainment complex. When another singer, Tom Jones, owned it, a $60,000 wall was erected around the property to keep adoring fans at bay.

Parsons blames the pricing for the fact that Cage couldn’t unload the house, even after it came down to $17.5 million. But the real estate agent also noted that the lot was squeezed with the addition of the entertainment complex. And, he said, there was no room left for a tennis court.

“People at that level want all the requisite amenities,” he said.

Still, he thinks it’s a rare find for the right buyer. “It is a superb home,” he said. “The floor plan, craftsmanship, location. It’s a great house.”

So it seems like Cage followed in the footsteps of many people who used their home for a piggy bank.  The prices on homes appreciated so fast before the bubble burst and money was so easy to get, that the temptation to borrow on a home and buy new cars and other toys was too much for some people.

Source: stlToday

John J. O’Dell
Real Estate Broker
Looking for real estate in Nevada County?
Click Here

What Do Buyers Want in a Home? Survey Offers Clues


A recent study of more than 22,000 homeowners who bought their homes within the last nine years found that current homeowners plan to be “more practical” in their next purchase, focusing on livable space rather than unnecessary upgrades.

MAKING SENSE OF THE STORY FOR CONSUMERS

  • Many of the luxury amenities once considered necessities among home buyers, such as community clubhouses, dog parks, golf courses, and 24-hour security, are no longer priorities, according to the survey.  Repeat buyers also said a swimming pool isn’t a must, but a children’s playground with walking paths are essential.
  • One of the takeaways from the survey, according to an architect firm, is that buyers nowadays should rethink space.  For example, buyers should look for kitchen cabinets that go all the way to the ceiling for added space and efficiency.  They also should pass on high-priced focal stairways, opting instead of steps that are tucked away and out of sight.
  • Buyers also should be on the lookout for dead space.  If the dining room or media room is eliminated, at least some of the square footage should be dedicated to secondary bedrooms.  The once-standard 10-by-10 bedroom no longer is acceptable to most buyers.
  • The survey also found that many buyers have transitioned toward green features, such as high-efficiency appliances, insulation, and windows that are not large areas of glass.  However, many buyers did not report the use of recycled materials as a necessity.
  • Other findings from the survey show that large kitchens, with islands, are desirable, as are main-floor master bedrooms, and two-car garages.

To read the full story, please click here.

John J. O’Dell
Real Estate Broker
Do you have a question about real estate
Call me today 530-263-1091

George Stephanopoulos’ Home Sells For $5.45 Million

George Stephanopoulos’s home in Washington’s Georgetown neighborhood, just listed in January, has sold for $5.45 million, about 14% less than the $6.35 million asking price.

The new anchor for ABC’s “Good Morning America” bought the five-bedroom home in 2006 with his wife, actress Alexandra Wentworth, for $5.2 million. The four-story brick home of roughly 5,600 square feet has a terrace and a private elevator.

Prior to his move succeeding Diane Sawyer, Mr. Stephanopoulos, 49 years old, helmed the ABC Sunday morning show “This Week” and, before that, advised President Bill Clinton. Ms. Wentworth’s films include the recent “It’s Complicated.”

The couple recently bought a 4,500-square-foot shingled home in the resort town of East Hampton, N.Y., for $3.5 million. He declined to comment. Giorgio Furioso of TTR Sotheby’s International Realty represented the couple.

Source: Wall Street Journal

John J. O’Dell
Real Estate Broker
Looking for real estate in Nevada County?
Search  at JohnOdellRealty.com

Help for Short Sales Start Today

April 5, 2010

A short sale, also known as a pre-foreclosure sale, is a solution to avoid foreclosure in which the bank allows a person (the homeowner or a third-party investor) to satisfy a loan by paying off a percentage of the loan amount

The Federal government has a program called Home Affordable Foreclosure Alternatives Program or HAFA

Starting today

  • Complements HAMP by providing a viable alternative for borrowers (the current homeowners) who are HAMP eligible but nevertheless unable to keep their home.
  • Uses borrower financial and hardship information already collected in connection with consideration of a loan modification.
  • Allows borrowers to receive pre-approved short sales terms before listing the property (including the minimum acceptable net proceeds).
  • Requires borrowers to be fully released from future liability for the first mortgage debt (no cash contribution, promissory note, or deficiency judgment is allowed).
  • Uses standard processes, documents, and timeframes/deadlines.
  • Provides the following financial incentives:
    • $3,000 for borrower relocation assistance;
    • $1,500 for servicers to cover administrative and processing costs;
    • Up to $2,000 for investors who allow a total of up to $6,000 in short sale proceeds to be distributed to subordinate lien holders, on a one-for-three matching basis.
  • Requires all servicers participating in HAMP to implement HAFA in accordance with their own written policy, consistent with investor guidelines. The policy may include factors such as the severity of the potential loss, local markets, timing of pending foreclosure actions, and borrower motivation and cooperation.

Further Requirements:

— Sellers must be unqualified for a loan modification under the Home Affordable Mortgage Program or be unable to afford the modification.

— The bank will set an acceptable value of the home upfront, based on an appraisal or broker’s price opinion.

— Lenders must approve or deny a purchase offer within 10 days of it being submitted.

— Once the bank approves a home for short sale, sellers may stop paying all related mortgage payments, and unpaid mortgage debt will be forgiven.

— These mortgage payments will not be shown as late on credit reports.

John J. O’Dell
Real Estate Broker
Looking for short sales or foreclosures
Go to JohnOdellRealty.com

Big Houses For the Comman Man

The upper price homes are coming down in price. Like the four bedroom villa with marble imported from Italy, a winery and a fruit orchard on 14 acres reduced in price from $4 million to $3.2 million.  Now this is a deal, since the seller states that $4 million is the amount of money he spent for the land and construction. So, if you happen to have $3.2 million in your wallet and you just need to spend it, here’s the deal for you.

This is a great video from the Wall Street Journal

Read the full story at Wall Street Journal Online

John J. O’Dell
Real Estate Broker
Searching for real estate in Nevada County?
Searching for short sales or foreclosures?

Find it on JohnOdellRealty.com

Uncharted Waters for Home Mortgage Interest Rates

Just as we are getting some signs of stabilization in the housing market, we are charting into unknown waters starting next week. The Federal Reserve will end its purchase of mortgage securities this week. This could mean that mortgage rates will rise and put a damper on home sales.

However, it’s expected that private investors will step in to buy mortgage securities. If they do, analysts expect they will rise less than a quarter of a percentage point in the next three months. That gain would increase a monthly payment on a $250,000 mortgage by $30.

In a statement released March 12, Freddie Mac predicted that mortgage rates would average 5.2 percent on a 30-year fixed loan after the Fed stops buying. Fannie Mae put the rate slightly higher at 5.13 percent.

We’ll have to see what happens in the next few weeks as we go through this transition of selling mortgage securities and how it will affect mortgage interest rates.

John J. O’Dell
Real Estate Broker
Looking for short sales and foreclosures?
Go to JohnOdellRealty.com
Call 530-263-1091

Thinking of Walking Away From Your Home? Here’s IRS’s Rules

Generally, the Internal Revenue Service (IRS) treats debt forgiveness by a creditor as taxable income. However, under federal legislation that took effect in 2007, certain home mortgage debt cancellations—such as loan modifications, short sales, or foreclosures—may be exempted from federal taxes. Other exemptions are also available.

Important rules to consider

• Homeowners considering a loan modification, short sale, or foreclosure should note that the federal tax exclusion under the Mortgage Forgiveness Debt Relief Act of 2007 only applies to mortgage balances on a qualified principal residence and not on second homes, rental real estate, or business properties.

• The maximum amount of forgiven debt eligible under the 2007 law is $2 million for married taxpayers filing jointly and $1 million for single taxpayers.

The debt reduction can only be for loan amounts used to buy, build, or substantially improve a principal residence, including refinance loans as long as an increase in the total mortgage debt if any is attributable to renovations and capital improvements of the house. However, if refinance proceeds were used for other personal purposes, such as paying off credit card bills, purchasing cars, or investing in stocks, then the mortgage debt attributable to those expenditures is not eligible for tax exclusion under the 2007 law.

• California homeowners who sold their house in a short sale or were foreclosed upon in 2009 still may have to pay state taxes on forgiven mortgage debt. The California legislature did not extend the tax exemption for mortgage debt forgiveness for state taxes. However, lawmakers are working on a bill that would provide the same tax relief on state taxes as the federal government currently offers.

To read the full story, please click here: Los Angles Times

Notice that the debt reduction states that if the home owner paid off credit cards or bought toys (cars, boats, vacations), stocks etc. than the debt reduction will be classified as income. Ouch! That can hurt, since I know some of my friends did that with their equity loans. In other words, if you took an equity loan for $100,000 and spent it on anything but improving your home the IRS counts that as earned taxable income.

So before walking away from your home check with your accountant or tax attorney.

John J. O’Dell
Real Estate Broker
Looking for real estate in Nevada County?

Find it at JohnODellRealty.com

Nabbing a Bargain-Basement Mortgage Before Rates Rise

The Federal Reserve has been purchasing mortgage-backed securities guaranteed by Fannie Mae and Freddie Mac since early last year.  The purchase program has helped maintain low interest rates for borrowers.  As planned, the Fed this week announced it will stop purchasing these securities at the end of this month.  Many analysts anticipate this will result in a slight rise in rates by year’s end.

Making sense of the story for consumers

  • Interest rates have hovered at or near historic lows for much of the past 18 months, resulting in lower payments for many borrowers.  With the Fed discontinuing its purchase program, some analysts believe a rise in interest rates could range from 0.25 percent to as much as 1 percent by the end of 2010.
  • The federal tax credit for home buyers also is scheduled to end April 30.  The tax credit combined with the expectation interest rates will increase has created a sense of urgency for many home buyers.  In fact, 23 percent of California home buyers purchased a home in 2009 due to the perception that interest rates will rise and they would be priced out of the market, according to C.A.R.’s 2009 Survey of California Home Buyers.
  • Rising interest rates will have an effect on home buyers.  For example, a qualified couple with a combined pretax income of $100,000 per year and debt obligations (excluding mortgage) of $500 who receive a mortgage rate of 5 percent could qualify for a loan of up to $590,000, assuming a 20 percent down payment.  If the interest rate were to rise to 6 percent, as analysts at Barclays Capital predict, the same couple could only qualify for a mortgage of $540,000.

So in short, now is the time to buy real estate while home prices and interest rates are low.

John J. O’Dell
Real Estate Broker

Looking for Real Estate in Nevada County?

Find it at JohnOdellRealty.com

Do you have a question that’s holding you back
from buying or selling now? Call me, I can help
you!  530-263-1091

Oddball Houses, Great, But How do You Get a Mortgage?

As you can see in the video below, some people have their own taste as to what they want in a home. As a builder, I have stayed away from “green” homes, that is straw bales, rubber tires and yes, recycled cans and bottles. Now home owners with non-conventional homes are having a hard time getting homes financed,

httpv://www.youtube.com/watch?v=jeCInpbnyqc

The Problem Is:

How do you find comparables?  In other words, where is another house built of tires or straw that just sold?   Hard to find, since not too many homes are built that way.  No comparable, no appraisal, no loan.

According to the Wall Street Journal:

“Such sentiments in some cases have been no match for the new resolve of the banking industry in the wake of the housing bust. Banks have become much pickier about examining sales of comparable homes, in deciding whether and how much to lend. Owners of odd homes can be out of luck.”

The story continues with three cases of odd-ball homes and how only one was able to get a mortgage.

Read the full story at: Wall Street Journal

John J. O’Dell
Real Estate Broker

Looking for a great deal in property in Nevada County?

Find it on JohnOdellRealty.com