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H.R. 2801: Home Ownership Moves the Economy (HOME) Act of 2009

Summary: Allow everyone to get the tax credit if purchasing a primary residence, extend the deadline to Jan 1 2011 and remove Income limits. See full Bill below:

111th CONGRESS

1st Session

H. R. 2801

To amend the Internal Revenue Code of 1986 to expand and extend the first-time homebuyer credit.

IN THE HOUSE OF REPRESENTATIVES

June 10, 2009

Mr. COBLE introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Internal Revenue Code of 1986 to expand and extend the first-time homebuyer credit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Home Ownership Moves the Economy (HOME) Act of 2009’.

SEC. 2. MODIFICATION OF FIRST-TIME HOMEBUYER CREDIT.

(a) Expansion of Credit to All Homebuyers- Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended by striking ‘who is a first-time homebuyer of a principal residence’ and inserting ‘who purchases a principal residence’.

(b) Extension of Credit- Subsection (h) of section 36 of such Code is amended by striking ‘December 1, 2009’ and inserting ‘January 1, 2011’.

(c) Repeal of Limitation Based on Modified Adjusted Gross Income-

(1) IN GENERAL- Subsection (b) of section 36 of such Code is amended by striking paragraph (2).

(2) CONFORMING AMENDMENTS- Subsection (b) of such Code, as amended by paragraph (1), is amended–

(A) by redesignating paragraph (1) as subsection (b),

(B) in subsection (b), as so redesignated, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and

(C) in paragraph (2), as redesignated by subparagraph (B) of this paragraph, by striking ‘subparagraph (A)’ and inserting ‘paragraph (1)’.

(d) Extension of Waiver of Recapture- Subparagraph (D) of section 36(f)(4) of such Code is amended–

(1) by striking ‘before December 1, 2009’ and inserting ‘before January 1, 2011’, and

(2) in the heading by striking ‘FOR PURCHASES IN 2009’.

(e) Conforming Amendments-

(1) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively.

(2) Section 36 of such Code is amended by striking ‘first-time homebuyer credit’ in the heading and inserting ‘home purchase credit’.

(3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item:

‘Sec. 36. Home purchase credit.’.

(4) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ‘homebuyer credit’ and inserting ‘home purchase credit’.

(f) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

Half Of US Homeowners Will Be Underwater By 2011

NOW: 14 Million Underwater NEXT YEAR: 25 Million

So you can see from the slides below many homeowners will be underwater next year, that is your house will be worth less than you owe the bank. If you are considering a loan modification or have already done a loan modification do you think it makes sense? You are going to be upside on your house for many years. If you need to sell your house it will be almost impossible. Troubled Property Solutions believes that a short sale of your house in most cases is the better decision. If you get a loan modification today, you home is still going to decline in value for the next 1-2 years, see the report below from Deutsche Bank. Give us a call on 1-619-631-4546 to discuss your option.

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Every City Down More Than 10%

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Underwater By Geography: NOW

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Underwater By Geography: NEXT YEAR

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NOW: 26% Of Mortgages Underwater

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NEXT YEAR: 48% of Mortgages Underwater

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NEXT TO GET SLAMMED: Prime Jumbos And Primes

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NOW: 16% Of Conforming Loans Underwater

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NEXT YEAR (2010): 41% Of Prime Loans Underwater

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NOW: 29% Of Prime Jumbos Are Underwater

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NEXT YEAR (2010): 47% of Jumbo Primes Will Be Underwater

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SUBPRIME: 50% Underwater

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SUBPRIME: 68% Underwater By Next Year

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ALT-A: 49% Underwater Now

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ALT-A: 66% Underwater Next Year

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OPTION ARM: 77% Underwater Now

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OPTION ARM: 89% Underwater Next Year

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So What Does All This Mean?

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The reason all this is important is that, if you’re underwater, you’re much more likely to default on your mortgage than if you have some equity.

You’re ESPECIALLY likely to default, moreover, if you’redeeply underwater.

In the last housing bust, house prices in Massachusetts fell about 16% (see chart).  Approximately 7% of borrowers who were underwater defaulted.

7% isn’t that bad, but for four reasons, DB’s Karen Weaver thinks the impact will be much worse this time around:

  • The house price drop is much worse, so borrowers are more deeply underwater. The Mass drop was 16%.  We’re already at 33% nationally.
  • Superior borrower quality in the Massachusetts data. More prime, conforming mortgage loans
  • More fixed-rate loans in the Massachusetts data.
  • Lower unemployment. Mass unemployment peaked at 9.1%.  We’re now at 9.4% nationwide.

So, bottom line, more negative equity will lead to more foreclosures.

On a positive note, the level of foreclosures would have to be vastly higher than the Massachusetts data to really surprise anyone at this point.  If 20% of the 25 million households that slip underwater default (3X the Massachusetts rate), that will be 6 million foreclosures.  Most analysts are already expecting numbers in that range.

Single-family home building rises for 5th month

WASHINGTON (AP) — Construction of single-family U.S. homes rose 1.7 percent in July, the fifth-straight monthly increase as builders poured foundations at the fastest pace since last October, the Commerce Department said Tuesday.

While single-family home construction is still 73 percent below the frenzied peak in January 2006, it is up 37 percent from the bottom hit last winter. Builders say they are seeing more homebuyers walk through the door, ready to sign contracts. The confidence level of builders is the highest this month than its been in more than a year, the National Association of Home Builders said Monday.

"It’s the general trend that matters and with housing, the direction is up." wrote Joel Naroff, president of Naroff Economic Advisors.

Construction of apartment buildings, however, tumbled 13 percent in July. That dragged the combined figure for homes and apartments down 1 percent to a seasonally adjusted annual rate of 581,000 units, from an upwardly revised rate of 587,000 in June. Economists polled by Thomson Reuters expected a pace of 600,000 units.

And though the worst of the housing market bust likely is over, builders are ramping up production cautiously because the market remains flooded with deeply discounted foreclosures.

Applications for building permits for homes and apartments — an indicator of future activity — fell almost 2 percent last month to an annual rate of 560,000 units. Economists expected an annual rate of 580,000 units.

The industry is seeing increased demand from consumers who want to take advantage of a new federal tax credit for first-time homebuyers. It covers 10 percent of a home price up to $8,000. It is set to expire at the end of November.

While numerous signs have emerged that the U.S. housing market has stabilized after the worst housing recession since the Great Depression, there are several threats to any recovery.

The unemployment rate, now 9.4 percent, is expected to surpass 10 percent, leaving more homeowners unable to pay their mortgages. Interest rates are still at attractive levels but they could rise, making buying a home less affordable. Foreclosures are still at record-high levels.

 

Home construction is on the rise but so is unemployment with a stabilization in the employment figures more and more people are going to need to short sale there house. Troubled Property Solution are experts in short sale, they are based in San Diego,CA.

Home Prices: There’s No Quick Recovery Ahead in San Diego

 

Houses in San Diego may have stabilized for the time being in some neighborhoods and in fact some areas have seen some moderate price increases, there is no real evidence to suggest that this will be maintained. House prices are still dramatically down from previous years and if you need to sell your home the only way for many is a short sale. If you need to short sale in San Diego, Troubled Property Solutions are experts in Short Sales, Give us a call today 1-619-63104546.

Original Article  by Brett Arends
Monday, August 17, 2009

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So, is our long national nightmare over? Has the housing market finally hit bottom?

There has been some muted — albeit exhausted — cheering from homeowners in recent weeks. But before we break out the champagne, look out for further potential problems just down the road.

The good news? According to the closely watched Case-Shiller Home Price Index, which tracks home prices across 20 major cities nationwide, the three-year housing slump slowed sharply in April and May.

May’s decline was just 0.2%, the slowest in two years. And several cities actually saw prices rise — among them Denver, Washington, D.C., Chicago, Boston, Cleveland and Dallas.

Even Miami only fell about 1% in May. That’s a great month down there. Previously, prices had been falling 3% a month.

We’ll get an even better picture of the situation when the Case-Shiller figures for June are released on Aug. 25.

But these data aren’t the only hopeful signs.

Inventories of unsold homes have come down. According to the National Association of Realtors, there were about 3.8 million unsold homes on the market at the end of June. That’s down a long way from 4.5 million a year ago.

And yes, housing affordability is dramatically better. People, obviously, need to live somewhere. At some point, housing gets cheap enough that the fundamentals start to look good.

The average home is about a third cheaper than it was at the peak three years ago, a plunge unprecedented since the Great Depression. In the hardest-hit places, such as Phoenix, Las Vegas and Miami, average prices have been halved or better from their bubble peaks.

Cheap Mortgages, Too

Factor in falling mortgage rates as well, and housing starts to look cheap by many measures. Thirty-year mortgage rates, at around 5.5%, are still low by historic standards. A few months ago, when they fell below 5%, they were very cheap.

There’s some other good news for homeowners from the rest of the economy. July’s job losses were better than feared: The unemployment rate, which was heading vertical a few months ago, eased to 9.4% last month from 9.5%.

Some are saying the worst is behind us, for the economy and the housing market. No wonder the iShares Dow Jones U.S. Home Construction exchange-traded fund (ITB), which tracks shares of home-building stocks, has bounced sharply since early July.

So, is that it?

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Scott Pollack

Not so fast.

Prices may — may — be nearing the bottom in many markets. But beyond the headlines, there are plenty of reasons to stay cautious. There may even be fresh dangers just ahead.

And even if prices have stopped falling, it may be years before they start rising sharply again.

First, late spring is traditionally the strongest season in the real-estate market.

And it’s hardly a surprise the market saw some green shoots this time around. It’s enjoying not one, but two, gigantic taxpayer subsidies — an $8,000 refundable tax credit, or gift, for first-time buyers, as well as those cheap mortgage rates. The Federal Reserve has been spending billions of dollars to keep interest rates down.

Both are only short-term fixes. Any sustained economic upturn would be expected to send long-term mortgage rates rising again, dousing the real-estate market with fresh cold water.

Glut of Empty Houses

The picture on inventories isn’t as good as it sounds, either. A lot of unsold homes have simply been put up for rent instead, especially in the most difficult markets like Miami. The result? A glut of empty rentals as well.

New waves of foreclosures and distressed sales may be coming, too. In states such as California, it can take many months for delinquencies to turn to foreclosures, which means last winter’s bad news may still be coming down the pike. Meanwhile, vast tranches of teaser-rate mortgages are due to reset later this year and in 2010.

As for the economy: Both unemployment and household debt levels remain at extremely high levels by the standards of postwar history. Either is bad news for housing. The combination is very bad.

Dean Baker, co-director of the Center for Economic and Policy Research, argued in a recent paper that the fundamentals still aren’t great. It still remains cheaper to rent than to own in many markets, he says.

The biggest bubbles usually produce the deepest busts. And the 2002-2006 bubble was a doozy. The bad news may have ended after three terrible years, but maybe not. Japanese housing prices still haven’t recovered from the late 1980s bubble. Western U.S. markets took six or seven years to recover after the last big bubble burst there in the early 1990s.

Yes, there are some hopeful signs, but don’t let them fool you into thinking it’s all clear. It might not be. As ever, anyone making a major financial decision needs to think more about his or her own situation than what "the market" is doing. A real-estate purchase needs to make sense on its own terms. And measure it on cash flow today, not the hope for capital gains tomorrow. When you factor in all the costs, is the purchase cheaper than renting?

If you get a cheap mortgage and you are aggressive on price, you may get a bargain. That’s especially true if the owner has to sell. Foreclosures and other distressed sales are selling for about 20% below the rest of the market. There are opportunities out there. But you can afford to take your time to shop around.

California Foreclosures Up 14% From Previous 6 months

According to the recent report published by RealtyTrac, a leading foreclosure tracking corporation out of Irvine, California, the pace of foreclosures in California, including in San Diego have not slowed.  Foreclosure filings are up 14% in California from the previous 6 months.  California is the fourth highest foreclosure state in the nation, with one out of every 34 households in foreclosure.  See the article below for more details.  The government’s program for loan modifications have not significantly affected the rate of foreclosure in San Diego or the nation as a whole.  Many banks processing loan modifications are still foreclosing on homeowners that are unable to make their payments.  San Diego real estate experts are finding homeowners are choosing to sell their house through a short sale rather than choosing a loan modification due to the negative equity situation, and the ability for the lender to postpone the foreclosure if an offer to purchase the house is being processed.  Most short sales in San Diego allow the homeowner to stay in their house for 3 to 6 months while the short sale is being processed.  Once the San Diego house is sold, then the homeowner works on a credit fix, and may be able to re-enter the marketplace in 6-12 months. 

If you are considering a loan modification or short sale
call us at 1-(619) 631-4546 – get started before it’s too late!

1.9 MILLION FORECLOSURE FILINGS REPORTED ON MORE THAN 1.5 MILLION U.S. PROPERTIES IN FIRST HALF OF 2009

By RealtyTrac Staff   

 

U.S. Foreclosure Activity Up 11 Percent in Q2 to Highest Quarterly Total on Record

June Marks Fourth Straight Month with More Than 300,000 Properties with Filings

 

IRVINE, Calif. – July 16,    2009 – RealtyTrac®  (www.realtytrac.com), the leading online marketplace for foreclosure properties, today released its Midyear 2009 U.S. Foreclosure Market Report, which shows a total of 1,905,723 foreclosure filings — default notices, auction sale notices and bank repossessions — were reported on 1,528,364 U.S. properties in the first six months of 2009, a 9 percent increase in total properties from the previous six months and a nearly 15 percent increase in total properties from the first six months of 2008. The report also shows that 1.19 percent of all U.S. housing units (one in 84) received at least one foreclosure filing in the first half of the year.

 

Foreclosure filings were reported on 336,173 U.S. properties in June, the fourth straight monthly total exceeding 300,000 and helping to boost the second quarter total to the highest quarterly total since RealtyTrac began issuing its report in the first quarter of 2005. Foreclosure filings were reported on 889,829 U.S. properties in the second quarter, an increase of nearly 11 percent from the previous quarter and a 20 percent increase from the second quarter of 2008.

 

“In spite of the industry-wide moratorium earlier this year, along with local, state and national legislative action and increased levels of loan modification activity, foreclosure activity continues to increase to record levels,” noted James J. Saccacio, chief executive officer of RealtyTrac. “Unemployment-related foreclosures account for much of this increased activity, and the high number of borrowers who find themselves owing more on their mortgages than their homes’ are now worth represent a potentially significant future risk. Stemming the tide of foreclosures is a critical component to stabilizing the housing market, so it is imperative that the lending industry and the government work in tandem to find new approaches to address this issue.”

 

Nevada, Arizona, Florida post top state foreclosure rates

More than 6 percent of Nevada housing units (one in 16) received at least one    foreclosure filing in the first half of 2009, giving it the nation’s highest foreclosure rate during the six-month period. A total of 68,708 Nevada  properties received a foreclosure filing from January to June, an increase of 23 percent from the previous six months and an increase of 61 percent from the first half of 2008.

 

Arizona registered the nation’s second highest state foreclosure rate  in the first half of 2009, with 3.37 percent of its housing units (one in 30)  receiving at least one foreclosure filing, and Florida registered the nation’s  third highest state foreclosure rate, with 3.08 percent of its housing units (one in 33) receiving at least one foreclosure filing.

 

Other states with foreclosure rates ranking among the nation’s 10 highest were California (2.94 percent), Utah (1.46 percent), Georgia (1.42 percent), Michigan (1.34 percent), Illinois (1.31 percent), Idaho (1.26 percent) and Colorado (1.25 percent).

 

California, Florida, Arizona post highest foreclosure totals

            A total of 391,611 California properties received a foreclosure filing in the first half of 2009, the nation’s highest total and 2.94 percent of the state’s housing units (one in 34) — the nation’s fourth highest state foreclosure rate. California foreclosure activity in the first half of 2009 increased nearly 14 percent from the previous six months and increased nearly 15 percent from the first half of 2008.

 

With 268,064 properties receiving a foreclosure filing in the first six months of 2009, Florida documented the second highest state total. Florida foreclosure activity in the first half of 2009 increased 7 percent from the previous six months and was up nearly 42 percent from the first half of 2008.

 

Arizona’s 89,799 properties receiving a foreclosure filing in the first six months of 2009 was the third highest state total. Arizona foreclosure activity in the first half of 2009 increased 13 percent from the previous six months and was up nearly 55 percent from the first half of 2008.

 

Other states with totals among the 10 highest in the country were Illinois (68,932), Nevada (68,708), Michigan (60,786), Ohio (58,937), Georgia (56,391), Texas (49,144) and Virginia (28,368).