Speculators “Got Caught” In California
The Santa Cruz Sentinel reports from California. “There’s been a notable jump in the number of home foreclosures in the county. ‘I have clients who are on the road to foreclosure, and nothing’s going to stop that train,’ said Pamela Simmons, a Soquel attorney with a specialty in mortgage lending law who works statewide. She estimated that 20 to 30 of her 150 clients in mortgage trouble are from Santa Cruz County.”
“Foreclosure sales in 2007 have more than tripled from the same period a year ago, from 11 to 41. Compare that to the number of single-family homes sold last year, an average of 159 per month. The Santa Cruz Record, a legal publication that tracks foreclosures, has expanded to 20 pages, mostly due to foreclosure-related activity.”
“Investors who planned to sell homes got caught as the housing market cooled and they couldn’t find buyers. Home prices are so high, last year’s median was $744,000, that it’s near impossible to rent a house at a price that will cover the mortgage and the property taxes. A three-bedroom, two-bath home might fetch $2,000 a month in rent, not enough for a mortgage payment that tops $4,000.”
“Buyers eager to become homeowners opted for new types of mortgages that put them at risk, such as mortgages offered with initially low rates that increased after a certain period of time. Buyers who focused on the monthly payment without devising a plan to pay higher rates are now in trouble.”
“Simmons gave an example of a farmworker making $15,000 a year who had a loan requiring payments of $60,000 a year.”
“Ronnie Trubek, an agent with 28 years in the business, said she has seen ’short sales,’ where a lender takes less than what is owed to close an escrow.”
“Simmons, who specializes in mortgage lending law, recommends people who are behind on their payments consider whether to quit fighting. ‘I’ve had to have that talk with a lot of clients,’ she said, noting that some feel better once they let their house go.’”
“For those who can’t afford payments, it’s not possible to keep the home, she said. A new loan won’t improve the situation, and the borrower will simply end up paying more fees.”
“Trubek recommends consulting a tax professional because losing a property through foreclosure is ‘a taxable event.”
From USA Today. “Here’s an alarming fact about Sacramento’s housing market: About one of every five existing homes on the market is a ’short sale.’ That means the home is worth less than the value of the mortgage, and the lender is willing to accept less than full repayment of the loan to avoid foreclosure, says Tracey Saizan, president of the Sacramento Association of Realtors.”
“That, in turn, puts pressure on the remaining 80% of sellers, who have equity in their homes, to cut prices. ‘Sellers are having to give concessions and cut prices,’ Saizan says. ‘It’s all about making the house show the best it can and aggressive pricing.’”
The Contra Costa Times. “Homeowners should know that although debt can be forgiven, it’s never forgotten. When a short sale, deed-in-lieu agreement or foreclosure occurs and a residential lender loses money on a loan, the lender will most likely file the loss with the IRS, and the former homeowner may end up owing thousands of dollars in taxable income.”
“‘That’s probably where we see kind of the biggest surprise on the part of our clients,’ said Jackie Pearlman, senior tax research coordinator for H&R Block. ‘Not only are they not aware it existed but are very surprised to understand that it’s income. The concept is really alien to many people.’”
“‘We all know intuitively that if you borrow money you don’t have the income,’ said Bill Purdy, a Soquel-based attorney in Santa Cruz County who represents clients with home lending problems and foreclosures. ‘If you don’t have to pay it back, it can become income.’”
“But if the lender takes a loss selling a property, let’s say $100,000, the company will file with the IRS, and the client will receive a 1099-C for the amount.”
“Purdy said many people try to ignore the problem. ‘The problem is that people do nothing,’ he said. ‘They freeze like deer in headlights.’”
“But none of this matters to the IRS, which knows only that a 1099-C was distributed as taxable income. ‘They will assume it’s taxable until informed otherwise,’ he said. ‘And you don’t want to wait for that notice in the mail.’”
“Adarsh Sangani, director of residential lending for Fremont Bank, said his bank doesn’t issue many 1099-Cs to its customers. ‘Only if a customer doesn’t respond to collection calls, a letter and a collection agency,’ he said.”
“Sangani said homeowners defaulting on mortgages aren’t an issue for the bank. ‘The majority of our loans are done with 20 percent down,’ he said. ‘We’re an A-paper lender. … If we were subprime lenders, there would probably be more.’”