Archive for November, 2009

Jumbo Mortgages- What's Next?

Friday, November 6th, 2009

Dire prediction for jumbos

Without federal help, default rate set to soar

By Steve Bergsman, Friday, November 6, 2009.

Inman News

In springtime, when all things hopeful and botanical bloom, there was a widespread sprouting of press announcements, particularly from the major banks, about increased dollars allocated to the business of jumbo loans.

Alas, the soil for such pronouncements has proven poor. A dearth of jumbos persists and the market appears to be wilting.

As an executive at one mortgage research company told me, earlier this year there was a flurry of activity with Bank of America and other major banks announcing jumbo loan programs, “but I haven’t heard anything since then. The market doesn’t appear to have changed much. I think some of these announcements were made to generate good press. The banks were saying, ‘Hey, we are open for business — don’t forget us,’ but they weren’t doing anything more than what they were doing before.”

Jumbo loans are basically any mortgage where the principal amount exceeds the statutory purchase limit of Fannie Mae and Freddie Mac, which has been set at $417,000 (Congress raised the upper limit in some high-cost areas to $729,750). In other words, with a conventional mortgage, Fannie Mae and Freddie Mac will buy the loan from the lender in the secondary market.

The agencies won’t purchase jumbos, which in the past were securitized and bought by private investors. That process completely closed down with the onset of the recession and the collapse of the credit markets.

If you’re BofA, or even ING Direct, which is also offering jumbo loans, then the loans have to be held in the bank’s portfolio. Hence, these lenders are being very circumspect about the loans they make since they can no longer shed the risk to other investors.

“Lenders that have stepped into this space are predominantly portfolio lenders, so they are a little more restrictive in the kinds of loans they are interested in writing,” notes Keith Gumbinger, vice president of HSH Associates Financial Publishers in Pompton Plains, N.J. “Fewer outlets are interested in lending them and when you do find them, the terms and credit restrictions are definitely tougher than they have been.”

Back in March, an Inman News story reported that BofA had cut interest rates on jumbo mortgage loans in the hopes of expanding its share of the market. Nevertheless, borrowers would still need strong credit (minimum 720 FICO score), at least a 20 percent downpayment, and assets sufficient to cover six months of payments.

In general, the big banks don’t have attractive rates on jumbos and “are very strict in regard to underwriting and property valuations,” says Dan Cutaia, president and chief operating officer of Fairway Independent Mortgage Corp. in Sun Prairie, Wis. “Unless you have a lot of equity and you are ‘gold’ to a lender, it will be difficult to find a jumbo loan, and if you do, you are going to pay a significant market premium.”

Fairway Independent Mortgage has been writing jumbo loans, which it brokers to companies like ING, but the deal has to be “absolutely golden,” with lots of equity and great credit. In short, the borrower has to be perfect.

Before the credit crisis, Fairway Independent did about 15 percent of its lending in the jumbo category; well into third-quarter 2009 the company wrote just over $2 billion in jumbos, which is less than 5 percent of its overall lending.

The good news is that prime-quality jumbo loans have a better history of defaults than conventional loans, which translates into a better risk profile on an individual loan basis. In a portfolio of loans, everything changes.

If $100 million of conventional loans came to market (which isn’t happening, but let’s fantasize), that could mean 1,000 loans of $100,000, or 100 loans at $1 million. Just a couple of loan failures in the jumbo portfolio could be more devastating than a higher number of failures in the conventional portfolio. In other words, actual losses could be higher with jumbos although the percentage of losses is lower.

The bad news with the jumbo-loan sector is that things could get worse before they get better.

“The big issue is that there are a trillion dollars of jumbo mortgages out there and these mortgage holders do not qualify for the federal government’s modification plans. Many of these people are now having financial difficulty,” says Steve Ozonian, executive chairman of Irvine, Calif.-based Sorrento Capital.

So far, the industry has not experienced a sizable destruction in jumbo-loan mortgage portfolios, as individuals who took these loans boasted good incomes at the time they signed their mortgage documents.

Since then, some of these good folk have lost their jobs.

Fortunately, when the now unemployed got their jumbo loans back in the mortgage heyday years between 2002-07, they were able to also get from the lender significant lines of credit, in some cases upward of $1 million. Ozonian believes a lot of the unemployed jumbo borrowers are using their lines of credit to continue to make mortgage payments.

The higher-end home market could experience a higher proportion of defaults and REOs at the end of this year and through 2010, says Ozonian. “The amount of jumbo-loan defaults will accelerate if we don’t allow people to modify, refi, or get out from under these homes.”

If Ozonian’s prediction comes to bear, the already narrow jumbo loan market will squeeze down even further.

Steve Bergsman is a freelance writer in Arizona and author of several books, including After the Fall: Opportunities and Strategies for Real Estate Investing in the Coming Decade.”

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Tax Credit Extended!!!!

Thursday, November 5th, 2009

Published: Oct. 29, 2009
By Steve Cook Real Estate Economy Watch

Senate Majority Leader Harry Reid (D-NV) and Chairman of the Senate Finance Committee Max Baucus (D-MT), engineered the deal to include move-up buyers in the homebuyer tax credit.

A deal struck among key senators last night to extend the homebuyer tax credit will broaden the benefit to include existing homeowners who are buying a new home as well as first-time homebuyers.

Tax credit for move-up buyers will be less than for first-time buyers, but still significant. They will qualify for a credit of up to $6,500 and must have owned their current homes at least five years. Under the current program and the new one for 2010, first-time buyers qualify for up to $8,000 and cannot have owned a home for the past three years.

Income limits would rise under the new proposal. Individuals would have to make less than $125,000 a year and couples $225,000 per year to qualify. Under the current program, limits are $75,000 for individuals and $150,000 for couples. Move-up buyers will be subject to the same income limits as first-time buyers.

For a consice summary of the current tax credit, visit http://www.federalhousingtaxcredit.com/2009/faq.php or contact your current FHA, VA, USDA, Jumbo Lender in Texas.

Senators Agree to Extend Homebuyer Tax Credit

Monday, November 2nd, 2009

Senators agree to extend homebuyer tax credit

By STEPHEN OHLEMACHER
Associated Press Writer

Senators agreed Wednesday to extend a popular tax credit for first-time homebuyers and to offer a reduced credit to some repeat buyers.

The tax credit provides up to $8,000 to first-time homebuyers but is set to expire at the end of November. The Commerce Department said Wednesday that new home sales fell 3.6 percent in September, and some industry representatives blamed uncertainty about the tax credit.

Senators agreed to extend the existing tax credit for first-time homebuyers while offering a reduced credit of up to $6,500 to repeat buyers who have owned their current homes for at least five years, said Regan Lachapelle, a spokeswoman for Senate Majority Leader Harry Reid, D-Nev.

The tax credits would be available to homebuyers who sign sales agreements by the end of April. They would have until the end of June to close on their new homes, according to a summary of the legislation being circulated among lawmakers.

Senators were still negotiating the expansion of a separate tax credit that lets money-losing businesses get refunds for taxes paid in previous years, providing them with an immediate source of cash.

Senators in both political parties were hoping to add both tax provisions to a bill that would give people running out of unemployment insurance benefits up to 20 more weeks of federal aid. The Senate could vote on the overall bill as early as Thursday, but lawmakers were still haggling over several unrelated amendments Wednesday evening.

Popular bills like the one to extend unemployment benefits often attract amendments that would have a difficult time passing on their own.

Republicans were demanding that they be given a chance to offer amendments to restrict federal aid to the beleaguered community activist group ACORN and on requiring that people receiving unemployment insurance be processed through E-Verify, an Internet-based system that employers use to check on the immigration status of new hires.

Majority Democrats have refused to add the amendments.

If the Senate passes the bill, it would go to the House, which passed a similar bill extending unemployment benefits last month. House leaders have also said they support extending the tax credit for homebuyers.

Sen. Chris Dodd, D-Conn., has been negotiating for several weeks with Sen. Johnny Isakson, R-Ga., to craft an extended tax credit for homebuyers that would pass the Senate.

Lawmakers didn’t release a cost estimate for extending the tax credit, though similar proposals were projected to cost about $10 billion.

Industry representatives said uncertainty about the tax credit is hurting new home sales. September’s decline was the first since March.

It takes 45 days to 60 days to close on a house, making it unlikely a sale made today would be consummated by the end of November, said Lucien Salvant, spokesman for the National Association of Realtors.

“Buyers right now have an incentive to hold off, not knowing whether the credit will be extended,” Salvant said.

About 1.4 million first-time homebuyers have qualified for the credit through August. The National Association of Realtors estimates that 350,000 of them would not have purchased their homes without the credit.

The tax credit for money-losing businesses is a favorite among Republican lawmakers. Businesses could get tax refunds by using losses from 2008 and 2009 to offset taxable profits made in the previous five years. Under current law, they can only offset profits from the previous two years.

The provision would help a variety of industries, including retailers, manufacturers and home builders, though it’s expensive.

“It’s clearly a way to put cash in the hands of some major economic players,” said Clint Stretch, a tax policy expert at Deloitte Tax.

A similar proposal that was ultimately dropped from the economic stimulus package enacted in February would have cost nearly $20 billion over 10 years. Lawmakers are working to reduce the price tag.

Because people are so strapped for cash, this is a good way to get refunds when businesses need them for operating expenses, said Rachelle Bernstein, vice president and tax counsel for the National Retail Federation.

CIT Files for Chapter 11 BK Protection

Monday, November 2nd, 2009

WASHINGTON (AP) — After struggling for months to avert bankruptcy, lender CIT Group has filed for Chapter 11 protection in an attempt to restructure its debt while trying to keep badly needed loans flowing to thousands of mid-sized and small businesses.

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CIT made the filing in New York bankruptcy court Sunday, after a debt-exchange offer to bondholders failed. CIT said in a statement that its bondholders overwhelmingly opted for a prepackaged reorganization plan which will reduce total debt by $10 billion while allowing the company to continue to do business.

The Chapter 11 filing is one of the biggest in U.S. corporate history, following Lehman Brothers, Washington Mutual, WorldCom and General Motors. CIT’s bankruptcy filing shows $71 billion in finance and leasing assets against total debt of $64.9 billion.

A prepackaged bankruptcy, which has the support of major bondholders, speeds up the process of restructuring CIT’s debt and could allow it to exit court protection by the end of the year. In addition to reducing its debt, CIT said the plan cuts cash needs over the next three years, which should help it return to profitability more quickly.

“The decision to proceed with our plan of reorganization will allow CIT to continue to provide funding to our small business and middle market customers, two sectors that remain vitally important to the U.S. economy,” said Jeffrey M. Peek, chairman and CEO. Peek has said he plans to step down at the end of the year.

CIT’s move will wipe out current holders of its common and preferred stock. That means the U.S. government will likely lose the $2.3 billion it sunk into CIT last year in return for preferred shares to prop up the ailing company. The government could have lost billions more, however, had it not declined to hand over more aid to the company earlier this year.

Treasury Department spokesman Andrew Williams said the government will be closely monitoring the bankruptcy proceedings, but acknowledged that “recovery to preferred and common equityholders will be minimal.”

Common stockholders set to lose their investment include FMR LLC of Boston with a 9.9 percent stake in CIT and San Diego-based Brandes Investment Partners LP with a 9.7 percent equity position, according to CIT’s filing.

CIT has been trying to fend off disaster for several months and narrowly avoided collapse in July. It has struggled to find funding as sources it previously relied on, such as short-term debt, evaporated during the credit crisis.

The company received $4.5 billion in credit from its own lenders and bondholders last week, reportedly made a deal with Goldman Sachs to lower debt payments, and negotiated a $1 billion line of credit from billionaire investor and bondholder Carl Icahn. But the company failed to convince bondholders to support a debt-exchange offer, a step that would have trimmed at least $5.7 billion from its debt burden and given CIT more time to pay off what it owes.

Analysts warned that the bankruptcy could add to the uncertainty around loans for the nation’s small businesses, especially retailers, which make up a significant portion of CIT’s clients and are already struggling with tight credit markets.

CIT is the financier for about 2,000 vendors that supply merchandise to more than 300,000 stores, many of which are gearing up for the critical holiday shopping season. They rely on the lender to cover costs ranging from paying for orders to making payroll. Any disruption caused by bankruptcy could wreak havoc on their operations, Joe Alouf, a partner with Eaglepoint Advisors, a crisis management company that is partly owned by Kurt Salmon Associates.

“CIT is the 600-pound gorilla in the industry,” Alouf said.

But CIT has already pulled back sharply on its lending to businesses as it tried to preserve cash. According to its most recent quarterly earnings report, the company originated just $4.4 billion worth of new business during the first six months of 2009 compared to $11.3 billion in the first half of 2008.

CIT said Sunday the bankruptcy filing is only for the holding company, and won’t affect its operating subsidiaries, such as Utah-based CIT Bank. CIT has filed a number of first-day motions to allow it to continue operations, including requests to keep paying wages and other employee benefits and to pay its vendors and certain other creditors in full.

The company has retained Evercore Partners and FTI Consulting as its financial advisers and Skadden, Arps, Slate, Meagher & Flom LLP as legal counsel in connection with the restructuring plan and Chapter 11 cases.

Houlihan Lokey Howard & Zukin Capital Inc. serves as financial adviser, and Paul, Weiss, Rifkind, Wharton & Garrison LLP serves as legal counsel to the bondholders’ committee.

AP Retail Writer Anne D’Innocenzio in New York contributed to this report.

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Homebuyer Tax Credit Extension Crucial, Say Local Real Estate Professionals

Sunday, November 1st, 2009

Contact a Texas Mortgage Company so that you can take advantage of the First Time Home Buyer Tax Credit of $8,000.

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By Adam Van Brimmer, RIS Media

RISMEDIA, November 2, 2009—(MCT)—Local real estate professionals hear a clock ticking, and they’re sure it’s wired to the economy. The federal government’s first-time homebuyer tax credit is scheduled to expire Nov. 30. The credit, part of the Obama administration-backed economic stimulus package, rewards Americans for buying a home by cutting them a check for 10% of the purchase price up to $8,000.

Housing industry insiders fear the tax credit’s expiration will hurt the residential market’s recovery. Analysts attribute close to 20% of home sales nationally this year to buyers eligible for the tax credit, and the National Association of Realtors claims first-time buyers account for 50% of all sales.

While Congress is moving toward extending, expanding or replacing the tax credit, the Senate is expected to vote soon on a bill co-sponsored by Georgia Republican Johnny Isakson that would extend the deadline five months to April 30, 2010, and make the credit available to all new homebuyers, not just to first-timers. The new legislation would extend the $8,000 credit for first-time buyers and create a $6,500 credit for others so long as they have owned a home for at least five consecutive years since 2001.

“I think it is critical that the credit continue in some form,” said Molly Bridges, president of the Savannah Board of Realtors. “Traditionally, the market slows down at the holidays, and it’s important to keep the momentum going. We don’t want a pause.”

The housing credit’s impact is particularly pronounced in the Savannah area. The number of first-time buyers locally is unavailable, but pricing and loan trends indicate they could make up more than 40% of the market. Homes priced under $200,000 have outsold those priced above that number by almost a 2-to-1 margin this year, with homes priced for $100,000 to $149,999- “starter homes”- outpacing all others. And almost half of the houses financed locally this year were done with loans backed by the Federal Housing Administration or the Veterans Administration, which cater to first-time buyers.

A drop in local building permit applications in September offered a glimpse of what a creditless future could look like. Permits tripled in Chatham County during the summer months as builders began construction on homes that could be completed in time to be bought and occupied ahead of the Nov. 30 tax credit deadline. Permit numbers dropped drastically in August and September, a trend the head of the local homebuilders association, Matthew Young, said reflected the industry’s wait-and-see approach to the post-tax credit market. “If they don’t extend” the credit, Young said, “they will wait and see what sales are like after that.”

Analysts opposed to a tax-credit extension question how many of the buyers the $8,000 handout actually coaxed into the market. An economist with the Brookings Institution, a nonprofit public policy organization, estimates 85% of those who have used the credit would have bought a home anyway, given low prices and mortgage rates. Of about 2 million buyers who would make use of the credit were it extended through 2010, 1.6 million would buy even without the credit, the economist estimates.

Local Realtors disagree. “I know personally of plenty of people who have bought just because of the tax credit,” Bridges said. “They were on the fence, worried about the economy and their jobs and not ready to jump in, but the credit pushed them over the edge and got them buying.” The revamped tax credit proposal would be a major infusion for the market, Bridges said. The new legislation would make the credit available to “move-up” buyers- current homeowners looking to sell their homes and buy more expensive residences- and to those with incomes as high as $125,000 a year. “The move-up folks would be more willing to sell their homes at lower prices,” Bridges said. “Everybody would benefit.”

That includes builders, said Fred Williams of Fred Williams Homebuilder Inc.

“Broadening the credit would definitely help,” Williams said. “The lower-price houses were the ones being built with the summer permits. If the credit expands, the builders would build bigger, more expensive homes.”

Copyright (c) 2009, Savannah Morning News, Ga

Jumbo Mortgage Tax Breaks

Sunday, November 1st, 2009

Jumbo mortgage tax break?
By Kay Bell • Bankrate.com

Monday, Oct. 19

Here’s an interesting tax juxtaposition.

While inflation has been so low that personal exemptions and standard deduction amounts will be basically unchanged in 2010, the IRS has decided that homeowners with million-dollar mortgages can write off a bit more of their interest.

In an internal legal memo, the IRS has concluded that taxpayers can deduct interest on the first $1.1 million of a home mortgage. That’s $100,000 more than before.

Depending on their tax bracket and mortgage interest rate, affected homeowners could save $3,000 a year or more, tax lawyer Kaye Thomas told Forbes.com.

Even better for such heavily indebted homeowners, Thomas says they can take advantage of the new IRS position and file amended returns to reap the larger interest deduction break.

Diverging from court decisions: The new IRS position differs from two earlier U.S. Tax Court memorandum decisions that followed tax law as we’ve known of for years.

Typically, if you purchase a home with a mortgage of more than $1 million, you could deduct interest on only $1 million. If you took out another loan secured by the home and it met certain requirements, you could deduct up to $100,000 of that loan amount as home equity debt.

All told, the maximum combined limit for interest deduction purposes was $1.1 million.

That dollar cap still applies. But the IRS now says that homeowners who have first mortgages up to $1.1 million don’t have to worry about the differentiation between acquisition and home equity debt. If they take out an enormous loan to buy their mansion, they can deduct interest on $1.1 million of it.

The IRS memo from the Office of Chief Counsel says the change is consistent with how the term “acquisition indebtedness” is used in other tax provisions. “We believe that the position in this memorandum is the better interpretation,” says the agency’s lawyer.

Thomas told Forbes that the IRS has a point. If a taxpayer can deduct interest on an additional $100,000 of home equity debt, on top of a $1 million first mortgage, why shouldn’t the full $1.1 million be allowed for the original purchase?

That certainly sounds reasonable to the 137,670 residence owners who, according to mortgage data firm First American CoreLogic, have mortgage balances of more than $1 million.

But for the rest of us — or me, at least — it doesn’t quite compute.

Now I’m not a lawyer, so I’ll allow that the IRS legal minds probably can parse the tax code a bit more delicately than I can.

And I realize that in today’s go-go America, we’re all for shortcuts and multitasking.

But taxes have always struck me as a more orderly, albeit often incomprehensible, discipline. To my mind, acquisition debt and equity debt are different animals, and are addressed as such in the code, so the tax breaks for each should be separate, too.

Yes, some home equity debt is considered acquisition debt if it meets certain standards. But that’s usually after the house has been acquired. This new IRS decision circumvents the necessity of that next step.

If the IRS wants the mortgage interest limit on acquisition debt to be $1.1 million instead of $1 million, then it should make its case to Capitol Hill and have the lawmakers change the tax code.

The combination via IRS memo of two-for-one tax breaks is a convenient money-saving advantage for buyers of high-dollar residences that strikes me as violating the spirit, if not the letter of the law.

Estate tax article: Last week in my post about the dream of estate tax simplification, I cited an article by David Cay Johnston that was available only to subscribers of Tax Analysts. I got a note from Mr. Johnston that the publication also offers a version available to nonsubscribers. Enjoy!

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