Lost Last Year’s Tax Return?
January 28, 2012 | 
Author It happens every year. Just when you get motivated to get rolling on your taxes, you realize you can’t find the return you filed last year. Aaaarrrrggg!
First off, don’t panic if you can’t find the return. Yes, you need it to know what you claimed last year and how those claims relate to this years return. All is not lost, however. The IRS will provide you with a copy of your past tax returns if you ask nicely. Here is how to go about it.
The IRS will not send you the actual tax return. The agency, however, will send you their version of it. This is known as a tax return transcript and is a layout of the information you provided. It is essentially your return, but doesn’t look like it. You can rely on the transcript as though it was your original return.
When you contact the IRS to get the transcript, it is important to understand there are two types available. As is usual with the IRS, there are two choices just to confuse you. The first is the tax return transcript that is essentially the return you filed. The tax account transcript is your original return as modified by any changes made by the IRS or you. Which one is the correct one? If the IRS has not contacted you about an issue with the return, it is the tax return transcript. If they have, it the tax account transcript.
The IRS will give you any return for the past three filing years. The service is free. To get the copy, you can call the IRS at 800-829-1040. Alternatively, you can get a copy by filling out and mailing in IRS Form 4506-T. It takes two weeks to a month for the agency to get the copy to you. If you discover you have a problem just before the relevant filing deadline, file for an extension so you don’t run afoul of filing laws. Remember, you have to pay any taxes due regardless of the extension, so try to guesstimate what you will owe.
If you lose a past tax return, there is no need to panic. The IRS will be happy to send you a copy. After all, an audit agent probably has the file on their desk as we speak!
Foreclosure – Understanding the Pros and Cons of the Short Sale
Homeowners facing foreclosure in California have approximately 120 days from the Notice of Default (about 4 months) in order to resolve their outstanding mortgage debt. When a homeowner finds themselves in this situation, the most proactive step a homeowner can do is to act in a timely manner to get a realistic look at what their options may be. There are many choices that a homeowner can choose from in order to best reduce the overall loss during the stressful financial situation they may find themselves in; however, denial shouldn’t be one of them.
In the slew of options that are available, there is a little-known transaction known as a “short sale” which to some homeowners in foreclosure may seem like a dream come true. Short sales occur when a lender allows a homeowner in default to sell a house for less than the total value of the loan. In many cases, the lender then forgives the remaining portion of the debt. But before a homeowner who finds himself in foreclosure gets too excited about what seems like welcome debt relief… there is a catch.
So what’s the catch? Lenders may claim whatever debt they’ve forgiven as a loss on their taxes and issue a 1099 form to the homeowner; in this case the seller, for the total amount. In other words, the forgiven debt is taxed as earned income and depending on the loss and the homeowner’s (and potential seller’s) tax bracket it could mean a significant increase in their taxes. A homeowner should definitely check with his accountant for this information. On the other hand, if a property is sold under a short sale, the lender may require the buyer to make up the difference, either through a personal obligation or a collection for the remaining balance often referred to as a deficiency judgment. According to Barron’s banking dictionary, the definition officially is… ” A court order authorizing a lender to collect part of an outstanding debt from foreclosure and sale of the borrower’s mortgaged property or repossession of property securing a debt, after finding that the property is worth less than the book value of the outstanding debt.”
While lenders will traditionally pursue other loss mitigation methods to work with the homeowner, when it seems very unlikely that the homeowner will be able to pay pack the debt– the lender may choose to agree to a short sale in order to avoid further financial losses. Admittedly, this “win-win” situation involves parties who have already resigned themselves to losing their home and walking away from their obligations with a lot less damage to their credit. And as for lenders, they know that repossessing the home (probably with a declining value) will cost them thousands of dollars to maintain, refurbish, market and sell, with no guarantees that it will recoup the same amount it might have gained from a short sale. By the same token, homeowners understand that foreclosure will not only take away their home but also deliver a “black eye” on their credit that will stay that way for at least seven years. With that in mind both parties may be willing to negotiate a short sale; however, the lender ultimately has the last word on whether this is an option they will allow.
Another good reason that a short sale might be desirable is that the surrounding neighborhood and community at large may benefit from homeowners opting for short sales instead of foreclosure, as these types of sales are not as heavily discounted as foreclosure auctions. These sales may help “mitigate drastic decreases in the values of nearby properties.”
For a homeowner considering this option, there will be a lot of details that will need to be addressed and negotiated with the lender. If your bank agrees to a short sale, the homeowner then hires an agent to find a buyer for the house, sells the house at a loss, and with the bank’s approval, they agree to take the loss incurred. To be sure, as trying as it may be under the circumstances, a homeowner should try to maintain courteous and professional communications with their lender at all times. This open communication can markedly improve the possibility of a timely, smoother transaction and adequate solution for all parties involved. A homeowner will literally be racing against the clock and anything he or she can do to facilitate the process, will result in a much more positive outcome than it might otherwise be.
In addition, the homeowner should be diligent to find a professional realtor who understands short sales well and has the experience in working with lenders and banks before giving the potential realtor the listing and hiring him or her to sell his house. As paperwork intensive as a regular real estate transaction can be, the paperwork and negotiation process will escalate during a short sale and lenders will be scrutinizing for any irregularities in the transaction. Not surprisingly, too many distressed homeowners often try to sell their properties to family members or other relatives. A lender will be wary of potential buyers with a vested interest. As a result, a homeowner will need a professional who understands loss mitigation procedures and the ins and out of short sales and is able to successfully negotiate with the lender.
Where exactly did short sales come from? While the history is not very clear, the idea grew out of the down market of the early 1990s, when lenders were eager to find new loss-mitigation tools to avoid becoming real estate investors and property managers instead of what their core functions were as banks–lending money and collecting interest.
Once the boom began and foreclosure rates dropped, few people needed short sales. Now, as adjustable loans begin to reset and with many real estate markets currently in decline, short sales are beginning to show up in the market again.
Can a Retired Couple in Their 60′s Qualify For a Good Mortgage Today?
My wife and I are at a time in our lives when we are looking to live the good life. As seniors we are ready to start a new beginning and truly enjoy the twilight of our lives together in a small little home that is perfect to fit our needs. Our main concern is that we will be able to pay for a reasonable home mortgage and that the home is in nice area, where we don’t have to worry about excessive noise or our safety. If we can meet those criteria then we have many great years ahead of us. I think we may have just found the right home for us! Great news, right?
I don’t know about you but I think anyone in today’s economy would be at least a little bit worried about getting approval for their new home, and even my wife and I fall into this category. Although the whole approval process can be complicated I know that we are close to securing the right home and enjoying our retirement together. No one knows for sure what will happen in the economy but we will either qualify today or a few months from now. I am sure of this.
I have heard a rumor that a down payment of at least 50k is necessary to get this whole process going and we do have that in our retirement, however we would prefer to qualify for a loan with a whole lot less down. Have you heard the same thing?
Thank God for children, grandchildren, and computers! I had so many questions because the mortgage industry is really different from the time my wife and I first got a home. Not only has the industry changed but also the way people get information about the mortgage industry has changed as well. After spending a few hours talking with our family and getting a few computer lessons and mortgage 101 from our family we discovered that we were eligible to obtain either a fixed mortgage or an adjustable mortgage.
I mentioned to you earlier that I got some computer lessons and at our age it has really been a fun experience for us. We spent almost all of the last few days going online searching for things like mortgage advice, lowest mortgage rates and thoroughly reading hundreds of mortgage pages from top to bottom. At our age we want to deal with a company that is both dependable and one that we can trust.
After further research my wife and I are locked in on the idea of a fixed mortgage. We are no longer working so it only makes sense to get a fixed rate mortgage so that we don’t have to worry about any financial issues and can budget effectively from month to month. I know that it will be a tough decision but I hope whoever we choose to work with allows us to get the keys to our home as fast as possible.
My wife and I are finally ready to retire in style. Let’s see how this all works out!
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Tags: Couple, Mortgage, Qualify, Retired, Today | 
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Foreclosure Lawsuit – What the Bank Must Prove
This article will be the start of an ongoing series that will examine various general aspects of the legal environment of foreclosure. Homeowners far too often avoid going to the initial court hearing to discuss the mortgage default, and the bank has a very easy time of proceeding from missed payments to sheriff sale to eviction. There are a number of methods and ideas that can be used during the court procedures, though, to give these families more time, more options, or a second chance to stop foreclosure and get their loans back on track. But without a broad understanding of what the court process is designed to accomplish, these opportunities may be lost before homeowners know they have them.
Every legal claim made by the lender has numerous elements that need to be proven and backed up with facts. Obviously, in a foreclosure lawsuit, the main claim will be that a contract was breached, namely the mortgage loan secured by the house. The lender will attempt to prove that the homeowners did not pay as agreed and ask the court to grant them a judgment, which will allow them to sell the house at a county sheriff sale, in order to pay off this judgment. In most foreclosure cases, this seems like it would be a pretty open and shut case, especially if the family knows it has not made a payment in several months. This may be one reason that they do not often make it to the foreclosure court hearing — they know they have little defense and believe it will do no good to argue that a financial hardship has caused them to fall behind.
It is important, though, that homeowners understand how these processes work and what the lender has to show in order to have a legitimate case. The first element that the foreclosing bank has to prove is that there was a legally binding contract between the lender and the homeowners. After a loan has been sold numerous times, it may seem quite confusing to the average homeowner of who actually owns the mortgage. In fact, with the amount of technical, incomprehensible adjustable rate mortgages and interest-only loans and subprime mortgages that were packaged and sold off to hedge funds, financial institutions, and investors, there may be some very tough questions that the lender would have to answer if challenged on this element. A court in Ohio recently dismissed fourteen foreclosure cases because the lender could not prove they owned the loans, so this is not as easy as it would seem.
The second aspect that mortgage companies have to prove when suing for foreclosure is that the lender performed as agreed under the contract. Wading through dozens of pages of mortgage contracts is not the most inviting exercise for the average homeowner, but understanding exactly what the lender’s obligations are during the term of the mortgage may help them prepare a better answer to the foreclosure lawsuit. In particular, the lender is usually responsible for collecting and applying payments in a reasonable manner, a practice some lenders have been caught not following.
In fact, we receive stories from homeowners every day that state their lender did not apply a payment, applied payments incorrectly, or lost payments completely, which led them to initiating a foreclosure unjustifiably. There are also literally hundreds of stories from homeowners who have had their loans serviced in a fraudulent manner. Simply assuming the bank has performed its duty under the contract relieves them of the burden of proof. Homeowners can ask for real proof that the bank actually did fulfill its own obligations under the terms of the agreement, a request that the bank may have trouble complying with.
The lender must also show that the homeowners have breached the contract, thereby satisfying the proof required of the third element. This is usually easier to show, because they can bring in payment records with clear gaps in payments. However, homeowners who have had payments misapplied or cashed but not applied at all can state these defenses, and the lender must prove that they did not actually receive payment. If the foreclosure victims can show they have not breached the contract, there is usually no case against them. In fact, they may have claims against the lender who was negligent about collecting payments and began a potentially fraudulent foreclosure lawsuit against the clients.
But even in cases where the payments were simply never sent in due to a financial hardship, homeowners can often utilize other resources of the court to resolve the problem. Often, judges would rather keep the case from going to trial if a settlement can be reached. This may involve the two parties coming up with a mutually agreed-upon repayment plan, temporary loan modification, or other similar program which gives the homeowners another chance to get back on track with the mortgage and repair their credit.
The final element of a foreclosure case that the lender must prove is that they have suffered actual damages due to the homeowners’ breach of the contract. Obviously, they are not collecting interest or principal payments, which does hurt the lending business and decreases their ongoing revenue. Also, they have to expend more resources in attempting to collect the missed payments, reviewing loan documents, examining the benefits of foreclosing on the property, paying costs of foreclosure, and so on. It is clear that banks suffer some damages of the loan during a foreclosure, even if it is only a very small part of the company’s overall business.
The burden of proof falls upon the bank to prove each and every single one of these elements of their case against the homeowners. When foreclosure victims avoid these hearings, though, and judge themselves as guilty without requiring the lender to show proof, they make the foreclosure process much easier for the lenders. Hopefully, by being aware of the general aspects of a foreclosure (and any other breach of contract) case, the homeowners will be able to mount a more substantial defense and show these mortgage companies that they will not simply be pushed around, intimidated, and forced out of the home due to irrational fears and anxieties over the situation.
DISCLAIMER: None of the general information or advice offered in this article should be taken as legal advice, which can only be dispensed by a state-licensed attorney, who has completed an approved course of study at an accredited law school and has passed the mandated examination to become a state-approved attorney. Homeowners in foreclosure who desire representation should seek out a licensed attorney who is able to work in their state. This article is designed to provide general information only and act as a starting point to other independent research. Laws vary by state and court rules vary by county and specific court, which a licensed attorney can explain far better than any single article on the subject.
18 Ways to Reduce Your Mortgage Loan
1. Skip the introductory rate (Honeymoon)
Beware of lenders bearing gifts! Introductory or honeymoon rates have long been an important marketing tool for lenders. You are initially offered a cheap rate on your loan to get you in the door but once the honeymoon period is over, the lender will switch you to a higher variable rate of interest. An example of this is an Adjustable Rate Mortgage (ARM).
There are two problems with this scenario. First, the variable rate is often higher than some of the lower basic loans available so you could end up paying more. Second, you need to clearly understand that a honeymoon rate applies only for the first year or two of the loan and is a minor consideration compared to the actual variable rate that will determine your repayments over the next 20 or so years.
You may also be hit with fairly steep exit penalties if you want to refinance in the first two or three years to a cheaper loan. So make sure you fully understand what you are letting yourself in before setting off on a “honeymoon” with your lender.
2. Pay it off quickly
Time is money. There are all sorts of strategies for paying less interest on your loan, but most of them boil down to one thing: Pay your loan off as fast as you can. For example, if take out a loan of $300,000 at 6.5 per cent for 30 years, your repayment will be about be about $1,896. This equates to a total repayment of $682,632 over the term of your loan.
If you pay the loan out over 15 years rather than 30, your monthly payment will be $2,613 a month (ouch!). But the total amount you will repay over the term of the loan will be only $470,397 – saving you a whopping $212,235
· Make repayments at a higher rate
A good way to get ahead of your mortgage commitments is to pay it off as if you have a higher rate of interest. Get a loan at the lowest interest rate you can and add 2 or 3 points to your repayment amount. So if you have a loan at about 6.5 percent and pay it off at 10 per cent, you won’t even notice if rates go up. Best of all, you’ll be paying off your loan quicker and saving yourself a packet.
· Make more frequent payments
The simple things in life are often the best. One of the simplest and best strategies for reducing the term and cost of your loan (and thus your exposure should interest rates rise) is to make your repayment on a fortnightly (bi-weekly) rather than monthly basis. How can this make a difference I hear you ask? It works like this:
Split your monthly payment in two and pay every fortnight. You’ll hardly feel the difference in terms of your disposable income, but it could make thousands of dollars and years difference over the term of your loan. The reason for this is that there are 26 fortnights in a year, but only 12 months. Paying fortnightly (bi-weekly) means that you will be effectively making 13 monthly payments every year. And this can make a big difference.
Using our example from above, by paying monthly, you will end uprepaying $682,632 over the term of your loan. But, by paying fortnightly (bi-weekly), you will save $87,254 in interest and 5.8 years off the loan. Zero pain to you, major benefit to your pocket.
· Hit the principal early
Over the first few years of your mortgage, it may seem that you are only paying interest and the principal isn’t reducing at all. Unfortunately, you’re probably right, as this is one of the unfortunate effects of compound interest. So you need to try everything you can to get some of the principal repaid early and you’ll notice the difference.
Every dollar you put into your mortgage above your repayment amount attacks the capital, which means down the track you’ll be paying interest on a smaller amount. Extra lump sums or regular additional repayments will help you cut many years off the term of your loan.
· Forego those minor luxuries
This is the bit you don’t want to read. Once you have a mortgage, your life is likely to be luxury-free (or at least pretty close to it). Think of all the weight you will lose by giving up your favourite indulgent snack. For the sake of your health you should quit smoking and drink less anyway. Take your lunch from home and save on bad fast food. Trust me, your body will thank you for it.
If you’re still not convinced consider the following example. A typical day may include a pack of cigarettes ($10), a coffee and donut ($5), lunch ($12) and a couple of beers after work ($8). That’s $35 a day or $175 a week or $750 a month or $9,100 a year.
Assuming a mortgage of $300,000 at 6.5 per cent over 30 years, by making $750 in extra repayments each month, you’d save more than $216,000 in interest and be mortgage free in just over 14.5 years.
No one is saying you should live a convict existence but just cutting down a little on your expenses will see you reap huge financial benefits.
3. Get a package
Speak to your lender about the financial packages they have on offer. Common inclusions are discounted home insurance, fee-free credit cards, a free consultation with a financial adviser or even a fee-free transaction account. While these things may seem small beer compared to what you are paying on your home loan, every little bit counts and so you can use the little savings on other financial services to turn them into big savings on your home loan.
There are also “professional” packages on offer for amounts over a certain limit, which can be as little as $150,000. Some lenders offer discounts to specific professional groups or members of professional organizations. Ask your lender if your occupation qualifies you for any discount. You might be pleasantly surprised. There are all sorts of discounts and reductions attached to these packages so make sure you ask your lender about them.
4. Consolidate your debts
One of the best ways of ensuring you continue to pay off your loan quickly is to protect yourself against interest rate rises. If your home loan rate starts to rise, you can be absolutely positive about one thing – your personal loan rate will rise and so will your credit card rate and any hire purchase rate you may happen to have.
This is not a good thing as the interest rates on your credit cards and personal loans are much higher than the interest rate on your home loan. Many lenders will allow you to consolidate – re-finance – all of your debt under the umbrella of your home loan. This means that instead of paying 15 to 20 per cent on your credit card or personal loan, you can transfer these debts to your home loan and pay it off at 7.32 per cent.
As always, any extra repayments or lump sums will benefit you in the long run.
5. Split your loan
Many borrowers worry about interest rates and whether they will go up but don’t want to be tied down by a fixed loan. A good compromise is a split loan, or combination loan as they are often known, which allows you to take part of your loan as fixed and part as variable. Essentially this allows you to hedge your bets as to whether interest rates are going to rise and by how much.
If interest rates rise you will have the security of knowing part of your loan is safely fixed and won’t move. However, if interest rates don’t go up (or if they rise only slightly or slowly) then you can use the flexibility of the variable portion of your loan and pay that part off more quickly.
6. Make your mortgage your key financial product
Mortgage products known as all-in-one loans, revolving line-of-credit or 100 percent offset loans allow you to use your mortgage as your key financial product. This means you have one account into which you can pay all of your income and draw from for your living expenses by using a credit card, EFTPOS or a checkbook, as well as making your mortgage repayments..
These types of accounts can make a huge difference to the speed at which you pay off your loan. Because your whole pay goes into your mortgage account you are reducing the principal on which interest is charged. Sure, you might take a couple of steps back as you withdraw living expenses but careful use of this sort of product can get you thousands of dollars ahead of where you’d be with a “plain vanilla, pay once a month” home loan.
These loans work well when you are able to make additional payments towards the loan. If you are only able to make the equivalent of the minimum repayment on your loan (and not put in any extra) you may be better off with a cheaper standard variable or basic variable loan. However, it’s not unusual for dedicated borrowers using these types of loans to cut the term of a 30 year-old loan to less than ten.
7. Use your equity
If you have already paid off some of your home, you are said to have equity. Equity is the difference between the current value of your property and the amount you owe the lender. For example, if you have a property worth $500,000 on which you owe $150,000, you are said to have home equity of $350,000, which you can re-borrow without having to go through the approval process by accessing it through your existing loan.
Many lenders will allow you to borrow using your equity as collateral. Most lenders will allow you to borrow up to about 80 per cent of the loan-to-value ratio (LVR) of your available equity. If you are careful, you can use this equity to your advantage and help to pay off your home loan sooner.
Using an equity loan to improve your property could be a good way to ensure that your home increases in value over time. But larger expenses such as cars and holidays that would have been paid by credit card are more affordable on the lower rate of your home loan.
8. Switch to a lender with a lower rate (But do your sums)
It may sound like a simple idea but switching out of your current loan and taking out a loan at a lower rate can mean the difference of years and thousands of dollars. If you have a loan that is tricked up with all the features, or even if you have a standard variable loan, you might find that you could get a no frills rate that is as much as a percentage point cheaper than your current loan.
However, before you jump the gun, check out what it will cost you to switch loans. For example, there may be exit fees payable on your old loan and establishment fees and stamp duty on your new loan. Work it all out and if it makes sense, go for it.
9. Stay informed – don’t forget about your mortgage
Visit Mortgage Loan Hints.com
With any long-term commitment, there is always the temptation to let your mortgage roll along, make your repayments as they fall due and think as little about it as possible. As long as you keep up the repayments, there’s not much else you need to do, right?
This attitude can be a big mistake. Keep yourself up to date with what’s happening in the marketplace. You might find that there’s an opportunity to put yourself well ahead of the game. Rates change, new products and changes in the market itself may allow you to seize an opportunity or negotiate a better deal.
Stay informed and stay ahead of the game.
10. Get a cheap rate and invest the difference
When interest rates are low, like now, it is usually safe to say that inflation is also low. Thus, bricks and mortar may not be the best place to invest. Try getting the cheapest home loan you can find and make the minimum repayment. This allows you to use the extra cash to invest in other, more profitable areas.
You may find that the return you get on shares or some other type of investment means that you have created a nice little nest egg which you can use to pay off a bigger chunk of your home loan than you might otherwise have been able to do.
But beware – high returns often mean high risks. Before undertaking any investment, invest in a consultation with a qualified financial adviser.
11. Run an offset account
Instead of earning interest, any money you have in your offset account works to offset the interest you are paying on your home loan. For example you may have a mortgage of $300,000 at 6.5 percent and an offset account with $50,000 in it earning 3 percent.
This means that $250,000 of your loan is accruing interest at 6.5 percent but the rest is accruing interest at just over 3.5 percent (6.5 percent on your loan less the 3 percent the $50,000 in your offset account is earning). Imagine how much you can save!
Of course, the best sort of offset account pays the same rate as your loan (100 per cent offset).
12. Pay all your mortgage fees and charges up front
Some lenders allow you to add to the amount you borrow instead of coming up with cash for your upfront costs. While this can seem a blessing try to avoid doing this. Consider the following example:
Borrower A borrows $300,000 over 30 years at 6.5 percent. Her upfront costs are $1,000 but she has enough cash to make sure she can cover these. Her total repayment over 30 years will be $682,632
Borrower B takes out the same loan but doesn’t have enough cash to cover the upfront costs. So he borrows $301,000, at the same rate. Her total repayment over 30 years will be $684,907.
Two thousand odd-dollars might not sound like a huge amount but what could you buy with it if it stayed in your pocket?
13. Pay your first instalment before it’s due
With most new loans, the first instalment may not become due for a month after settlement. If you can manage it (and your lender will let you), pay the first instalment on the settlement date. If you do this, you will be one step ahead of the lender for the term of your loan. Every little bit counts.
14. Shop around and make sure your lender knows it
One of the most powerful tools you can have in the search for the best home loan is information. Make sure you have rung half a dozen lenders and brokers (as well done some internet research) before you start talking to your preferred lender about getting a new loan or refinancing your existing loan.
Make sure you know what rates and features are offered by each of your lender’s competitors on comparable products. Be ready to tell the lender what you are looking for and don’t be afraid to ask for extras. If they want your business, and know you know what you are talking about, they may be prepared to work that little bit harder to get your business.
Don’t be afraid to walk out if you aren’t getting the best possible deal you can.
15. Make sure your loan is portable
If there is any chance that you will move house during the course of your loan (and let’s face it, there is a strong chance), make sure that your lender will allow you to transfer your loan to a new property and that it won’t charge you the earth for the privilege.
Be careful. If you sell up and buy a new house, you could find yourself down thousands in discharge costs on your old loan and establishment fees on your new one.
16. Avoid bridging finance
Someone once said bridging finance is so called because it allows you to “pylon” the debt. The joke’s appalling, but so is bridging finance. Unless you get your timing right you could find yourself with two home loans at the same time – with the bridging finance element costing you an extra couple of percent premium on the standard variable rate.
Consider using a deposit bond or selling before you buy, as it will be much more cost effective for you than another loan.
17. Choose the loan that suits your needs
Choosing a loan is about knowing what you want. Draw up a table of potential home loans and rank them. Make a list of all the features that are important to you and rank them according to importance. Give each feature a score out of 5 – one for unimportant right through to 5 for indispensable.
Use this technique for ranking the loans on offer and pretty soon you’ll see the one that’s right for you. Remember, different loans have different purposes so you need to match a loan to your need. Taking out an interest only loan suitable for investors if you are planning to live in the house is just foolish.
Ditching the features you don’t need can save you up to 1 per cent on the interest rate of your loan. Over 30 years that’s a whole lot of money you’ve just saved yourself.
18. Don’t be afraid of smaller lenders with cheap rates
Since the advent of the mortgage managers over the past five or six years there’s been a lot of talk about smaller and “non-traditional lenders” and how they have forced interest rates down. With the property boom, plenty of opportunities sprang up for smart lenders with low fees willing to take on traditional lenders and many have done very well indeed.
Some borrowers worry about what might happen if their lender gets into financial trouble. Keep in mind that you’ve got their money – so don’t worry too much. There are some smaller lenders whose names might not be readily familiar but whose rates might be enough reason to get in touch.
Be wary, however. Some of these smaller lenders can have huge hidden fees and charges. It is true that the interest rate might be much lower, but in many cases, they exit (or penalty) fees can be very high if you refinance or pay off your mortgage in the first couple of years. Of course, if you’re planning on staying with that lender for some time, then these fees will not impact your pocket at all.
Removal of a 2nd Mortgage Through Chapter 13 Bankruptcy
Chapter 13 Bankruptcy offers an important, and often unknown, option to consumers who have residential real estate mortgages. Namely, removing a junior lien holder or “2nd” from your debt. Since the value of real estate has decreased, a common complaint I hear is, “I cannot believe I am paying more than my house is actually worth.”
If you purchased a home in the past three to four years and financed with 80/20 mortgages, or if you refinanced your home and took out a second mortgage, chances are you can completely remove that second mortgage and other junior liens from your home.
Imagine…file a chapter 13 Bankruptcy to eliminate all your credit card debt, reduce your car payments, cure the back payments on your first mortgage and now, entirely remove your second mortgage.
In addition, if your house value bounces back, that equity is yours to keep.
It is important to realize that the removal of a 2nd mortgage is available in a Chapter 13 bankruptcy only. The ideal candidate for this process has a 2nd mortgage on a home that is no longer appraised at or above the amount of the 1st mortgage. It is necessary to obtain comps for the property and an appraisal to establish your the fair market value of the home.
If the fair market value works, a motion to get court approval will need to be filed. The mortgage company may oppose this motion. This will then require an evidentiary hearing and perhaps an adversary complaint. If the court decides that the fair market value of the home is below what is owed on the first mortgage, the second mortgage is “stripped” from the home and the debt associated with the second mortgage is made an unsecured debt (essentially being treated like credit card debt). Typically, in a Chapter 13 bankruptcy, a small percentage of the unsecured debt is paid, if at all.
Once the motion is approved, you will need to make all plan payments (over a 3 to 5 year period) and obtain your discharge. Once the debts are discharged, the second mortgage is completely gone.
Under existing Bankruptcy laws, debtors are not able to force a first mortgage to modify the terms of the mortgage on loans for their primary residence. Many lenders who realize the alarming state of the economy are willing to negotiate a modification of their mortgage, allowing a debtor to lower their monthly payments. This is a relatively recent change for many lenders who had previously refused to accommodate such requests. Such a modification may drastically help a homeowner who wants to keep their home but who is suffering from a reduction in income and home value. This benefit is even more evident when used in conjunction with the removal of a second mortgage for debtors who have both a first and second mortgage.
Further, recent legislation was introduced in Congress in the first week of 2009 that would now allow Bankruptcy judges in Chapter 13 cases to modify first mortgages by:
-reducing the amount of the secured claim (i.e. lowering the balance on the mortgage/deed of trust that is secured by the home);
-changing the interest rate of the loan or modifying the adjustable feature of certain loans; and/or
-changing the term of the loan.
This bill, if enacted, would finally provide some relief to homeowners. In the past, the mortgage lenders have vehemently opposed such a change. However, this time may be different. News reports indicate Citigroup has already suggested that it would support this legislation with some minor revisions, one of which is to require that a homeowner first attempt to modify the loan directly with the lender(s) before the loan can be modified by a Bankruptcy judge.
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Mortgage Interest Rates – A Look at the Last 10 Years of Refinancing
Ten years ago, prospective home-buyers and existing homeowners looking to refinance were positively giddy about the interest rates. Hovering around 8%, the rates were a refreshing change from the double-digits of the 1980s. Who could have guessed that now, in 2006, even with interest rates on the rise, we are a far cry from the “high” interest rates of the late ’90s.
With the exception of a spike in 2000, the last several years have seen historically low interest rates. Under the direction of Alan Greenspan, the Federal Reserve Board lowered rates from 2001 through 2005. According to Interest Dot Com, the rate of 5.2% in June 2003 was the lowest rate recorded since their print predecessors began weekly rate surveys in 1985. These low rates enabled many Americans, who previously could not afford to do so, to buy homes. They also led many existing homeowners to refinance their mortgages and cash-out a portion of their home equity for home improvements or other goods and services. As stated by the Homeownership Alliance, the housing sector has been “a pillar of strength for the U.S. economy in recent years, limiting the depth of the 2001 recession.”
This is true even with rates slowly on the rise. Since October 2005, rates have not dipped below 6% and the current rate is 6.66% for a 30 year fixed mortgage. The rates on adjustable rate mortgages are rising more slowly, thus providing an attractive option for those beginning to think about refinancing or taking out a home equity loan or line of credit.
What is the outlook for the future? Some experts say that the increases will slow, while others disagree, saying that rates will continue to rise. It seems we’ll just have to wait and see.
Mortgage Interest Rate Predictions For 2010-2011
So many people want to predict where the mortgage rates are going. After all, even a single percentage point of movement in mortgage rates can and will affect other rates in the market, not to mention possibly lead another family on the brink of becoming homeless.
Unfortunately, predicting mortgage requires a crystal ball, a third eye and a magic wand, all of which no human being has yet to possess. Still, you can predict with a certain degree of accuracy where mortgage rates are headed. You just need to learn how to study trends, correlate two things and be observant of the economy.
Factors to Consider
It must be emphasized that mortgage companies have their own ways with which to set individual rates. However, they tend to stick to similar sets of factors when considering their rates, which you can also use to predict where said rates are headed.
First, you have to look at the rates on the Treasury notes good for 10 years. More often than not, mortgage rates follow the US Treasury rates precisely because any lower than the government’s rates and the lenders will operate at a loss. This is common sense, too, considering that the government is often well-versed in economics than the guy with an unpaid mortgage in his hands.
Second, you need to observe where the inflation rates are going. Keep in mind that there is a direct and almost proportional relationship between mortgage and interest rates. Again, it will all boil down to business since investors want a better rate of return no matter the state of the economy. Thus, when the inflation rate goes up, expect the mortgage rates to go in the same direction.
Third, you should also look at the trends. History does repeat itself in many instances but you must beware when drawing conclusions as many of today’s dynamics may have not been present in the past.
Keep in mind that mortgage predictions are just that – guesses. Thus, you should not be overly concerned if and when your guess falls off by a few percentage points since you neither have the crystal ball nor the third eye to accurately predict such things.
Tips to Know
You also need to observe what the other big name lenders are heading off into where their rates are concerned. Usually, the players in the industry will be heading in similar directions although their rates will differ by a few points. Thus, if a mortgage company announces that it will be cutting down rates, you can be sure that the rest of the pack will be following suit sooner than later.
And of course, look at history. Many of the factors that have influenced the movement of the mortgage rates are coming back in the new economy to influence said rates again. You may say that it is a cycle but that will not be accurate in all instances either. Just learn from the past and it can show you where the future could be.
In conclusion, you should not have a big problem predicting mortgage rates because these do not experience significant changes for any given period of time.
Posted in Adjustable Loan Articles | Tags: 20102011, Interest, Mortgage, Predictions | No Comments »
What a Canadian Should Know Before Buying U.S. Real Estate
Many Canadians are dreaming of heading south for the winter, but not just to beat the cold. They have real estate investing on their minds. Our strong dollar combined with a collapsing housing market in the U.S. spells opportunity for many. But Canada and the U.S.A are not the same country, and as much as we have in common we have differences. Any Canadian investor considering putting money in the U.S. should have a basic understanding of some key differences between buying real estate in Canada versus buying real estate in the U.S. So, before you start putting your loonies in Florida or Texas, read on.
Tax Systems:
Talk to an accountant that is experienced with American real estate investment as the countries differ considerably in terms of taxation of investment properties.
In the U.S.
1031 Exchanges allow the capital gains from the sale of an investment property to be deferred and rolled into a purchase of a similar type of property if it’s bought within 180 days. This can be done many times allowing capital gains to be deferred until the end asset is finally disposed of and not replaced;
If capital gains are realized (property is sold and cash is received), the seller is taxed at 15% of the total net gain (as long as the property was owned for more than 1 year, if less than, the rate is much higher);
Property taxes tend to be similar to those in Canada, however, if you are a Canadian and own a property in a Southern state like Florida or California, you may have much higher “non-resident” property taxes than either the locals or if you invest in other U.S. States;
Similar to Canadian tax laws, you will not be taxed on your primary residence, however, in the U.S., you can write-off the interest charged on your home.
Compare this to Canada
Sell your investment property in Canada and you’ll pay capital gains tax on 50% of the net gain. Canada does not yet have the option of deferring the gain through an exchange. The “gain” or “loss” gets added to your income and your are taxed at the applicable rate (which could be much higher than the standard 15% rate in the U.S.);
Similar to in the U.S., expenses associated with holding an investment property can be written off against your taxable income. See two previous articles for tax time tips: Part 1 and Part 2.
Before you send your loonie south this winter:
Determine if there are “non-resident” property taxes applicable in the city/state you are considering;
If you already own in the States and sell the property (and don’t buy another there to use the 1031 Exchange strategy) you’ll be required to pay U.S. taxes on the sale. You pay the U.S. first, but still have to file the tax return in Canada (showing the taxes paid in the States). Thus, you’ll only pay once (you get a tax credit applied to your Canada taxes), but you have to file 2 returns (February/March 2008 Money Sense has a great article on this issue);
Rental income requires two filings for taxes as well. You must claim the income (and expenses) in both countries, pay the applicable taxes, and get a credit for your Canadian taxes.
Lending differences between Canada and the U.S.:
The “credit crunch” or “subprime market meltdown” has had a dramatic impact on the U.S. lending environment, and has trickled over the border to Canada. Because of the economic crisis, lender guidelines and policies have changed dramatically in both countries. In the U.S., there were many mortgages given to just about any candidate. The phrase “ninja” loan was coined in the U.S. The acronym standing for “no income, no job, no assets”. Many individuals were given mortgages beyond their means. When the first large phase of ARM (adjustable rate mortgages) began to raise their rates, foreclosures began popping up all across the nation. Canadians need not fear the same crash here thanks to very different lending environments.
In the U.S.
Hundreds of banks across the country with hundreds of differences in lending policies and guidelines;
Licensing varies across each state for who can be a mortgage broker. In some states no testing or licensing is required at all!
Bank regulation is controlled at the state and federal level, again possibly leading to less strict lending criteria from one bank or lender to another.
And in Canada
One federally-regulated Bank Act that controls what banks can and cannot do across Canada;
Only 5 major banks in Canada that control a large majority of all banking divisions;
All of the Big 5 Banks in Canada are able to lend funds for mortgages, but they have also acquired (and oversee) many of the licensed trust and brokerage companies (which lend money as well);
Mortgage brokers are provincially regulated in Canada, but the majority of provinces require extensive training, and the successful completion of a licensing test.
Economic Conditions in Canada and the U.S.:
The Canadian economy continues to enjoy good economic times with historically low unemployment rates, increased wages, and housing appreciation. At the same time, a recession has been lurking in the U.S. Many areas of the U.S. are experiencing depreciating houses, high unemployment rates, and deteriorating consumer confidence.
There could be some real bargains to be found in the U.S. as foreclosures pile up, property/houses depreciate (well into double digits in some States – Florida, Michigan, California), and our Canadian dollar continues to sit around par with the greenback. But before you take the plunge, do your research. Most economists still believe we are in the midst of the subprime fiasco. They forecast continued depreciation across the nation (obviously much worse in some areas than others) for the better part of two years. So, unless you really know an area is going to get better soon, I personally, would wait and see what the summer and early 2009 has to bring. The election, the war, federal policies to “bail-out” millions of credit-burdened borrowers, and the worst part of the subprime scenario which is predicted to hit in the fall of 2008, are all factors that will impact investment in the coming year, and it’s a gamble to buy without knowing what will happen. But, with the strong dollar, it’s a good time to head south and start looking for that dream home in Florida, isn’t it?
Some final thoughts (in this article anyways) on investing in the U.S. real estate market. If you are intent on purchasing in the U.S. and are a Canadian citizen residing in Canada, the following three ways may help you obtain financing:
Take out a mortgage in the U.S. through a U.S. based bank owned by a Canadian one such as RBC Centura or Bank of Montreal’s Harris Bank;
Purchase using all cash so you don’t have to deal with cross border financing issues (e.g., pull equity out of your home or other Canadian properties or ask your rich aunt for money!) to buy down south; and
Create a corporation in the U.S. with assets (a holding company will not work as it needs to have equity or be generating revenue) which can obtain the mortgage from a U.S. lender.
The Advantages And Disadvantages Of Refinancing
When refinancing your home there are many advantages and disadvantages. One advantage of refinancing is you can use the money you get when you refinance to pay off some bills. By paying off some bills up front it can save you money in the long run. Another advantage of refinancing is you can invest the money you pull out of the house. One thing you can do with the money you pull out of the home is use it as a down payment in acquiring a second property.
One last advantage of refinancing is you can get better terms on your mortgage. If you have an
adjustable rate mortgage and the adjustment period is coming up, by refinancing to a fix rate mortgage you can save yourself from paying a higher rate in interest. One disadvantage of refinancing is you can end up paying a lot in closing cost. It is recommended that you ask the company or bank you’re going to refinance with to give you an estimate on the closing cost.
Another disadvantage of refinancing is your monthly payments can go up. It is important if you’re going to refinance that you know what the new payment and terms will be. It is recommended that if you refinance and you’re planning to have the property for a long time that you get a fix rate mortgage. One last disadvantage of refinancing is it will take longer to payoff your house. The longer you take to payoff your house the more you will pay in interest. Refinancing does have its advantages and disadvantages. It is up to you as a homeowner to decide if refinancing is to your advantage or not.