IRS Grants Relief for Taxpayers Who Lost Funds

NEW DEVELOPMENT!

 IRS Grants Relief for Taxpayers Who Lost Funds

in Exchange Company Bankruptcies

Revenue Procedure 2010-14 issued March 5, 2010 creates a safe harbor for Taxpayers who were unable to complete their exchange due to the bankruptcy of their exchange company.

 

While this Revenue Procedure is complicated, in simple terms, the gain will not be taxable in the year of sale if the Taxpayer reports the gain in accordance with the newly created safe harbor.  When the Taxpayer does receive payments out of the bankruptcy estate or other settlement, the gain will be incrementally taxable as and when received, pursuant to a ratio of the profit over the contract sale price.

The safe harbor sets forth strict criteria for eligible transactions.  Taxpayers who have experienced losses due to an exchange company bankruptcy should consult with their tax advisor.

For more information feel free to call the staff at IPX1031. (888) 310-1031 or (503) 223-3911.

Pre-screen your rental inquiries to save time and effort

Prescreening defined:  eliminate time wasters!  Improve your odds of closing a “deal” with an applicant.  This means getting them to apply, get approved, pay the funds, and move in!

 Know your 10 second commercial:  Mine is “we screen for credit, criminal, eviction, employment, and landlord verification.  The screening fee is $40.00 per adult over the age of 18.  All parties that will be on the agreement apply.”

 After you have given your commercial you can explore the caller’s reaction.  “Do you have credit, criminal, eviction, employment, or landlord issues you would like to make us aware of prior to renting?  Will any of these screening areas be a problem for you?”  Have a conversation.  Be aware that tenants will tell a story.  The screening facts matter. 

 Don’t try to define your criteria or establish if a caller can pass it.  Offer to provide it in writing and invite all callers to apply.  Treat all parties the same.  “We provide screening criteria and lead based paint disclosure and photos prior to booking an appointment to show.  Do you have email?”

 “Have you driven by the property yet?”  Explore if they are familiar with the area.

 Next you can move on to your property rules.  Questions such as the following are helpful.

 “Do you have pets of any sort? – reiterate your pet policy.  Ours is “we do not accept any aggressive breeds.  Pet visit at your home may be required prior to approval of a pet.”

 “What date are you interested in moving?” – reiterate your move in policy.  Ours is “we do not hold homes more than seven days once an applicant is approved.  Upon approval you will have 48 hours to pay an execution deposit and sign an execution agreement.  These are certified funds.”

 “Do you have any “musts” for a property that we should know about before showing you the house?”

 “This house has __________________ heat.”  “The tenant pays for all utilities except ___________________.”

 “This house is (small) or (duplex) or has a (garage) that is used primarily for storage.”

 “We are showing the property at ___________________________.  Would you like to be present at that appointment?  What is a good cell # for you? _______________________”

 We require a confirmation phone call prior to our dispatching to the appointment.  Please call to confirm when you are on your way to the home or cancel at ________________.  We don’t go to the house without a confirmation call.

If you would like help buying or selling a home in Oregon and Washington please give me a call!

Kathryn King 503-997-9035, kathryn@kjkproperties.com

The I-5 Columbia River Crossing (CRC) project

Dear neighborhood leader, The I-5 Columbia River Crossing (CRC) project has moved forward in the past year with refining the project’s designs based on technical analysis and recommendations from advisory committees. We’d like to update your neighborhood association on the latest developments and provide an overview of the next steps in project development. Please consider putting us on your meeting agenda sometime between mid-March and June. Please call me or provide the following information by email about the meeting you’d like CRC to attend: Meeting date: Time: Location: Number of people expected to attend: Length of presentation desired (usually 20-30 min.): Any specific topics of interest: Thank you for your interest and involvement in the Columbia River Crossing project. I look forward to hearing from you. Dennis Sandstrom Columbia River Crossing │ Communications and Public Outreach 360.816.4038 │ 503.256.2726 x4038 │ SandstromD@columbiarivercrossing.org Project update The Columbia River Crossing project is a long-term, comprehensive solution to ongoing safety and congestion problems between Portland and Vancouver. The project will replace the I-5 bridge, extend light rail to Vancouver, improve closely spaced interchanges and enhance bicycle and pedestrian connections. In 2009, the CRC project’s eight advisory groups made several key recommendations, including design guidelines for the replacement I-5 bridge, pedestrian and bicycle path elements, the Hayden Island light rail station, and a preferred alignment for the Marine Drive highway interchange. This year CRC will continue to work with communities to finalize pedestrian and bicycle, transit, and highway designs. The final environmental impact statement will be published this year, describing project details and community and environmental effects. More information about CRC can be found online: www.columbiarivercrossing.org Dennis Sandstrom Columbia River Crossing │ Communications and Public Outreach 360.816.4038 │ 503.256.2726 x4038 │ SandstromD@columbiarivercrossing.org

Portland Parks and Recreation is asking for budget input!

 
Portland Parks & Recreation invites the public to comment on
Budget reductions for the FY 2010-2011 Budget
 
 
What:            Community Budget Meeting on the FY 2010-11 Portland Parks & Recreation Requested Budget
 
When:    6:30 p.m. to 8:30 p.m., Thursday, January 21
 
Where:   Oregon Commission for the Blind
535 SE 12th Avenue, Portland (Between SE Washington and SE Stark)
Based on directions from the City of Portland, Portland Parks & Recreation has prepared reductions of 4%, or approximately $1.7 million, from the bureau’s ongoing General Fund discretionary budget for the Fiscal Year 2010-11.
 
These reductions could mean reduced community center hours, staff reductions and decreased levels of maintenance for some facilities. 
  
PP&R will present the results of these reductions to the public at the January 21 meeting.  Participants will have the opportunity to make comments and ask questions of PP&R senior staff. Parks Commissioner Nick Fish will approve the final Requested Budget before it is submitted to the City on February 1. The public will have opportunity to further comment on the Mayor’s Proposed Budget in late April.
 
The proposed reductions will be posted on the PP&R budget website, www.portlandonline.com/parks/budget, on the week of January 11, so that the public will have the opportunity to review them prior to the community budget meeting.
 
 
Budget timeline
 
Week of November 30     Staff and public meetings held
 
December 1       City Council budget work session and presentation of General Fund financial forecast
 
December 9      BAC meets to review recommendations from Senior Management Team, discuss and clarify information, and formulate initial recommendations
 
Date TBD        BAC meets to consider staff and public feedback and to make their final recommendations
 
Week of January 4       Budget recommendations finalized and preparation of requested budget begins
 
February 1                      PP&R presents FY 2010-11 Requested Budget to City
 
April 30                         Mayor releases Proposed Budget decisions
 
June 17                  City Council action to adopt FY 2010-11 budget
 
 
As we know from other years, much will change from over the course of the budget process, but the Budget Communication Committee (Margaret Evans, Elizabeth Kennedy-Wong, Fred Kowell, Karen Loper, and Beth Sorensen) is committed to providing you with information in a timely manner. Email updates will be distributed as news develops, or please check the PP&R website often for the latest posts.
 
 
 
Beth Sorensen | Public Information Officer
Portland Parks & Recreation
503.823.5300 (office); 503.823.6634 (cell)
beth.sorensen@ci.portland.or.us
Healthy Parks, Healthy Portland
portlandparks.org
Nick Fish, Commissioner | Zari Santner, Director
 
 
 
 
Elizabeth Kennedy-Wong
Community Engagement and Public Involvement Manager
Portland Parks and Recreation
(503) 823-5113
 
 

Home Affordable Foreclosure Alternatives Program (HAFA)

Home Affordable Foreclosure Alternatives Program (HAFA)

On November 30, 2009, the Treasury Department released guidelines and forms for its new Home Affordable Foreclosure Alternatives Program (HAFA). HAFA is part of the Home Affordable Modification Program (HAMP). HAFA provides incentives in connection with a short sale or a deed-in-lieu of foreclosure (DIL) used to avoid foreclosure on a loan eligible for modification under the HAMP program. Servicers participating in HAMP are also required to comply with HAFA. A list of servicers participating in HAMP is available at MakingHomeAffordable.gov.

HAFA applies to loans not owned or guaranteed by Fannie Mae or Freddie Mac, which will issue their own versions of HAFA in coming weeks.

HAFA is a complex program, with 43 pages of guidelines and forms, designed to simplify and streamline use of short sales and deeds-in-lieu of foreclosure. HAFA:

  • Complements HAMP by providing a viable alternative for borrowers (the current homeowners) who are HAMP eligible but nevertheless unable to keep their home.
  • Uses borrower financial and hardship information already collected in connection with consideration of a loan modification.
  • Allows borrowers to receive pre-approved short sales terms before listing the property (including the minimum acceptable net proceeds).
  • Prohibits the servicers from requiring a reduction in the real estate commission agreed upon in the listing agreement (up to 6 percent).
  • Requires borrowers to be fully released from future liability for the first mortgage debt (no cash contribution, promissory note, or deficiency judgment is allowed).
  • Uses standard processes, documents, and timeframes/deadlines.
  • Provides financial incentives: $1,500 for borrower relocation assistance; $1,000 for servicers to cover administrative and processing costs; and up to $1,000 for investors for allowing a total of up to $3,000 in short sale proceeds to be distributed to subordinate lien holders (on a one-for-three matching basis).

The program does not take effect until April 5, 2010, but servicers may implement it before then if they meet certain requirements. The program sunsets on December 31, 2012.

September Market News

September Market News

The number of homes for sale at the end of September left us with 7.6 months of “inventory.”  This means it would take 7.6 months to sell all homes on the market.
 
There is word of a “shadow market,” (houses that banks have foreclosed on and will be throwing on to the market) as we move through winter.  If this happens, expect home sales to slow (more glut) when mixed with the typical holiday slow down.
 
The 1st time home buyer tax credit had a favorable impact on market activity, and crunch time is on for buyers to cash in.  Lenders have their buyer’s in process now and the home has to be pending in order to meet that November 30th deadline.  Many working to beat the date may not make it.
 
Pending sales jumped 34.1% and closed sales rose 9.8% when compared to September 2008.  New listings fell 14.3%.  Comparing the third quarter of this year with the same period in 2008, pending sales were up 17.5% and closed sales rose 6.5%.  New listings dropped 18.7%.
 
The average sale price for September 2009 was down 8% when compared to September 2008, while the median price declined 9.6%.
 
Economics continue to impact home sales.  The state unemployment rate is now at 11.7%, not adjusting for those who have left the job search, or who have taken part time work.   We continue to be one of the worst states for unemployment.  Until this trend declines, which is expected in 2nd or 3rd quarter 2010, the market will remain soft and we will see continued decline or leveling of home values. 
 
There are three theories being discussed by economists both locally and nationally.  The question at hand is: what sort of recovery will we have?  Will it be U shaped, V shaped, or W shaped, with the influx of stimulus money creating a false bottom, from which we shall drop to another bounce off the bottom before beginning a solid recovery.
 
My vote is that we are experiencing a W rebound, in which more financial trouble is yet to come.  My planning does not include appreciation or definite leveling of market conditions for the next 12 months, to be safe. 
 
This is a phenomenal time to buy given historic interest rate lows, depressed pricing, and great loan opportunities.  Add to this our plethora of housing choices and you have a win for buyers. 
 
Statistics thanks to RMLS.  For more on real estate trends or economic data, email me at kathryn@kjkproperties.com or call 503-997-9035. 

Should I Sell active real estate in trade for passive real estate?

Reasons for considering a trade of one or more assets for another asset of the same class:

 

  • Selling in a depreciating area to purchase in an appreciating area. Consider selling in a glutted market in order to leverage the equity into an apartment complex at a discount in a market affected by lack of available financing to increase cash flow and hedge against further loss of value
  • Estate planning. Exchanging several homes into larger apartment complexes so that the apartments later can be sold by the estate and the value split equitably amongst the heirs, or so that the asset may later be transferred into a trust for estate planning purposes.
  • Increased cash flow. Single family residential can be more expensive on a price per square foot basis, exchanging for apartments or NNN commercial can reduce maintenance expenses and increase cash on cash return.
  • Termination of active management duties.  Apartments and NNN commercial complexes are easily outsourced to management companies so that the owner may travel, etc.
  • Moving equity into a property that can be refinanced.  Many owners of bare land have not considered the income stream that can be created by exchanging into an income producing apartment which would provide income in retirement.
  • Moving equity into property or properties that are considered more liquid – an example would be exchanging two apartment buildings for single family residences in urban neighborhoods close to the city center.
  • A hedge against inflation – In uncertain economic time’s one thing that is certain is that rents tend to rise.  You can safely plan for moderate to aggressive rent increases that improve your financial performance.
  • Leveraging relationships – Contracting with a professional management team will give you direct access to the immediate attention of their vendor relationships saving you costly time and repair dollars during ownership.

 

Case study: Mr. Jackson is considering converting several single family residences into one large apartment.  He has been an active landlord for thirty years and feels safest in real estate because it is a commodity he understands.  He has had several health issues and maintaining several rentals has become a strain.  He has reasonable income from the homes but no longer wants active real estate responsibilities.  Mr. Jackson takes the homes and sells them totaling one amount of relinquished debt and one grand total of sales price.  Within the timeline of his exchange, he identifies an apartment complex in an area of town close to the tech sector with healthy wages.  His cash on cash return increases because of increased rent per square foot and a lower cost per unit acquired in the apartment.   This value is net of the cost of active management.  Mr. Jackson elected to employ a new management firm and deliver to them management standards so he could travel without worry.  The new management is active in the field and aggressively markets, providing Mr. Jackson with a lower vacancy rate than he himself could obtain.  His asset is protected by their effective maintenance relationships and practices.  Monthly reports and income checks are now the extent of his participation.

What about the investor that wants to sell into a passive investment?

Case study:  Mrs. Choo has 7 rental properties, 5 of them houses she bought over time and two of them duplexes that she built.  She knows she wants to retire in 15 years at age 50. 

 

Margaret could choose to pay additional to the principal of the loans to pay them off at a 15 year amortization during the time she is earning a steady income.  At the time of her retirement, Mrs. Choo places the properties for sale with a broker specializing in land sales contracts or mortgage and trust carried by an owner. 

 

Seven buyers are found with attractive terms to Margaret.  The down payments total $220,000, which she is able to invest with her financial advisor in the stock and mutual fund market, and the payments from the land sales contracts have in turn created a stream of income to her of a total amount of $10,000 per month. 

 

Mrs. Choo graduates her sales clauses in each contract so that she is paid off in graduated steps, according to the wishes of her tax advisor; likely in step with the reduction of her other taxable income or to offset anticipated future losses.  The money from each satisfied contract is invested with her financial advisor.  The additional money is invested to create an additional stream of interest income and increased principal investment in the account.

 

Is there a good way to live in your investment and still have it pay for itself?

Case Scenario:

You are a gainfully employed first time home buyer more interested in investment property than a home.  You would like to live in one side of a duplex and rent out the other side.

 

How should you go about it?  Obtain FHA owner-occupied financing, with 3% down, or by using a non owner-occupant, but related, co-borrower.  This scenario allows a gift down payment from a relative.

 

What are the pros and cons of this scenario?  Living by your tenant is not always easy.  Could be the best way to cash flow in the short term.  Live in for 2-5 years, save additional down payment, rent out owner unit and buy another investment property.