Thursday, December 29, 2011

Obama Pledges to Refinance Millions of Mortgages.

Obama Pledges to Refinance Millions of Mortgages at Today's Rates

Housing got only a brief mention in President Obama’s highly anticipated jobs speech Thursday night. But it was a pledge that some pundits say is finally a step in the right direction. Others say it’s likely to have little impact.

Obama told Congress that his administration is going to work with federal agencies to refinance millions of homeowners’ mortgages at today’s record-low rates.
With those rates now near 4 percent, the president says the move could “put more than $2,000 a year in a family’s pocket, and give a lift to an economy still burdened by the drop in housing prices.”
While the specifics have not been released, it’s expected that the program will make homeowners with government-backed mortgages eligible for new, lower-rate, lower-payment loans even if they are underwater or have bad marks on their credit as a result of financial hardship.

Wednesday, December 28, 2011

The Federal Housing Finance Agency (FHFA) has unveiled a new, revamped government mortgage refinancing program for underwater homeowners considering a strategic default.

Advertisement
Welcome to DSNews.com—delivering stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry. Wed Dec 28, 2011

Recent News

Advertisement


Advertisement


Sign up for daily e-mail updates.

Do you have a news tip, story idea, or suggestion for DSNews.com or DS News magazine?
Simply e-mail editor@dsnews.com.
Whether you choose to tell us a little about yourself or prefer anonymity, we appreciate your contribution!

Advertisement
About Us

Since its launch, DS News magazine has positioned itself at the forefront of an evolving industry. Always current with the most up-to-date default servicing news, DSNews.com keeps you informed through daily Web casts, community forums, and a wide range of industry resources.

Tuesday, December 20, 2011

Should You File a Tax Return?

Should You File a Tax Return?

Do you ever wonder whether your income is high enough to warrant the filing of a tax return? Because the minimum income level varies depending on filing status, age, and the type of income you receive, it can be a bit complicated. The following guide is based on minimum income requirements from tax year 2011.
Single Taxpayers
If you expect to file a single return, the IRS requires you to file a tax return if your gross income for the year is at least $9,500 if you are under age 65 and $10,950 if you are 65 or older.
Married Filing Jointly
For married persons filing jointly, you are required to file a return if gross income for 2011 is at least $19,000 if both of you are under age 65. If one of you was at least age 65 in 2011, the limit is $20,150 - and if both of you were 65 or over, you must file if you made at least $21,300.
If you are not living with your spouse at the end of the year or you weren't living with them on the day they passed away, the IRS requires you to file a return if your gross income is at least $3,700. This is based on the personal exemptiion, which in tax year 2011 was $3,700.
For married persons filing a separate return, no matter what age, you must file a return if gross income is at least $3,700.
Head of Household
For persons filing as head of household, you must file a return for 2011 if gross income is at least $12,200 if under age 65 and $13,650 if at least age 65.
Qualifying Widow or Widower
For persons filing as a qualifying widow or widower with a dependent child, you must file a return for 2011 if gross income is at least $15,300 if under age 65 and $16,450 if at least age 65.
Other Situations That Require Filing
Even if you don't earn this much income, other situations necessitate filing a tax return. For example, a dependent has to file a return for 2011 if they received more than $950 in unearned income or more than $5,800 in earned income.
Other situations include:
You Owe Certain Taxes. If you owe FICA or Medicare taxes (also called payroll taxes) on unreported tips or other reported income that were not collected, you must file a return. You must also file a tax return if you are liable for any alternative minimum tax. Finally, you must file a return if you owe taxes on individual retirement accounts, Archer MSA accounts, or an employer-sponsored retirement plan.
Advance Earned Income Tax Credit Payments. The Earned Income Tax Credit is a federal income tax credit for eligible low-income workers. The credit reduces the amount of tax an individual owes, which may be returned in the form of a refund. If you receive advance payments for the earned income credit from your employer, you must file a return.
Self-Employment Earnings. If your net earnings from self-employment are $400 or more, you must file a return.
Church Income. If you earn employee income of at least $108.28 from either a church or a qualified church-controlled organization that is exempt from employer-paid FICA and Medicare taxes, you must file a return.
Questions?
Call us for more information about filing requirements and your eligibility to receive tax credits.
Go to top

Do you need updated Estate Planning

Ensure Your Family's Security with an Estate Plan

No matter what your net worth, you should have an estate plan in place. Such a plan ensures that your family is cared for and your assets maximized upon your death. An estate plan consists of your will, health care documents, powers of attorney, life insurance coverage, and post-mortem letters.
For those of you with an estate plan already, good for you! But we have a piece of additional advice: make it a priority to review the plan every two years to see whether it needs updating.
Here are the life events that necessitate an update to your plan:
  • Divorce
  • Marriage or remarriage
  • Birth/adoption of child
  • Death of spouse or child
  • Sale of a residence or purchase of new residence
  • Retirement
  • Enactment of new tax laws
When updating your estate plan you may need to do the following:
  1. Name a different executor
  2. Revise your will, especially if your assets have increased significantly
  3. Reassess your life insurance needs
  4. Add or change a power of attorney
  5. Change legal documents to comport with state laws if you move to a different state
  6. Change wills or trust instruments to account for changes in beneficiaries
  7. Change your post-mortem letter to reflect new assets, changes in executors, or other changes
Due to recent changes in estate tax laws, many estate plans may need to be revised. Give us a call to review your current situation.
Go to top

How to Prepare for a Successful Retirement

How to Prepare for a Successful Retirement

As you approach retirement, it's vital that you pay attention to key financial matters. Here are some of the items that you should check:
Health Insurance.
Are you among the lucky few who will continue to be covered after retirement? If not, then you'll need to replace your health coverage.
If you will be eligible for Medicare at the time of your retirement, then you may want to start checking into "Medigap" coverage. Medigap insurance is a supplemental health insurance sold to individuals age 65 and older that covers medical expenses not covered or only partially covered by Medicare.
Tip: Before you retire, take care of any non-emergency medical, dental, or optical needs (if your employee plan coverage is broader than Medicare).
Other Types of Insurance.
Once you retire, you may need to replace employer-provided life insurance with extra coverage. You should also consider purchasing long-term health care insurance in case of a lengthy nursing home stay in the future.
Social Security.
Decide whether you want to take early Social Security benefits if you're retiring before your full retirement age, which is currently 66 years of age for people born between 1943 and 1954. You can get 75% of your benefits at age 62.
Tip: For most people, taking Social Security benefits at their full retirement age makes the most financial sense. If you think you might need to take early benefits, give us a call. We'd be happy to discuss this with you.
Company Plan Payout.
You should plan well in advance how you'll take the payout from your pension plan or 401(k) plan. For example, will you transfer the funds to an conventional or Roth IRA? How will the funds be invested?
Relocation.
If you're planning a move to another state, make sure that you fully explore the financial ramifications of living there--before you move. Cost of living rates can vary significantly from one region of the country to another.
We Can Help. Retirement is an exciting time and planning in advance can make it a much smoother transition. Please contact us if you have any questions, need assistance or just want some additional guidance.
Go to top

Tax Changes for 2011

Tax Changes for 2011

Whether you file as an individual, a corporation, a small business owner, or are self-employed, as the end of the year draws near, you're probably thinking ahead to tax season and filing your taxes.
Most tax provisions of course, remain the same (IRA contribution limits for example), but a few such as personal exemptions have been adjusted for inflation and others have been extended due to legislation and are set to expire at the end of 2012.
From tax credits, exemptions and deductions for individuals and Section 179 expensing for small businesses, here's what you need to know about tax changes for 2011.

Individuals

From personal deductions to tax credits and educational expenses, many of the tax changes relating to individuals remain in effect through 2012 and are the result of tax provisions that were either modified or extended by the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 that became law on December 17, 2010.
Personal Exemptions
The personal and dependent exemption for tax year 2011 is $3,700, up $50 from 2010.
Standard Deductions
In 2011 the standard deduction for married couples filing a joint return is $11,600, up $200 from 2010 and for singles and married individuals filing separately it's $5,800, up $100. For heads of household the deduction is $8,500, also up $100 from 2010.
The additional standard deduction for blind people and senior citizens is $1,150 for married individuals, up $50, and $1,450 for singles and heads of household, also up $50.
Income Tax Rates
Due to inflation, tax-bracket thresholds will increase for every filing status. For example, the taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $69,000 for a married couple filing a joint return, up from $68,000 in 2010.
Estate and Gift Taxes
The recent overhaul of estate and gift taxes means that there is an exemption of $5 million per individual for estate, gift and generation-skipping taxes, with a top rate of 35%. For married couples the exemption is $10 million.
Alternative Minimum Tax (AMT)
AMT exemption amounts for 2011 are slightly higher than those in 2010 at $48,450 for single and head of household fliers, $74,450 for married people filing jointly and for qualifying widows or widowers, and $37,225 for married people filing separately.
Marriage Penalty Relief
For 2011, the basic standard deduction for a married couple filing jointly is $11,600, up $200 from 2010.
Pease and PEP (Personal Exemption Phaseout)
Pease (limitations on itemized deductions) and PEP (personal exemption phase-out) limitations do not apply for 2011, but these are set to expire at the end of 2012.
Flexible Spending Accounts (FSA)
The Affordable Care Act, enacted in March, established a new uniform standard, effective January 1, 2011, that applies to FSAs and health reimbursement arrangements (HRAs).
Under the new standard, the cost of an over-the-counter medicine or drug cannot be reimbursed from the account unless a prescription is obtained. The change does not affect insulin, even if purchased without a prescription, or other health care expenses such as medical devices, eye glasses, contact lenses, co-pays and deductibles.
The new standard applies only to purchases made on or after Jan. 1, 2011, so claims for medicines or drugs purchased without a prescription in 2010 can still be reimbursed in 2011, if allowed by the employer's plan.
A similar rule went into effect on Jan. 1, 2011 for Health Savings Accounts (HSAs), and Archer Medical Savings Accounts (Archer MSAs).
Long Term Capital Gains
In 2011, long-term gains for assets held at least one year are taxed at a flat rate of 15% for taxpayers above the 25% tax bracket. For taxpayers in lower tax brackets, the long-term capital gains rate is 0%.


Individuals - Tax Credits


Adoption Credit
A refundable credit of up to $13,360 for 2011 is available for qualified adoption expenses for each eligible child. Child and Dependent Care Credit
If you pay someone to take care of your dependent (defined as being under the age of 13 at the end of the tax year or incapable of self-care) in order to work or look for work, you may qualify for a credit of up to $1,050 or 35 percent of $3,000 of eligible expenses.
For two or more qualifying dependents, you can claim up to 35 percent of $6,000 (or $2,100) of eligible expenses. For higher income earners the credit percentage is reduced, but not below 20 percent, regardless of the amount of adjusted gross income.
Child Tax Credit
The $1,000 child tax credit has been extended through 2012. A portion of the credit may be refundable, which means that you can claim the amount you are owed, even if you have no tax liability for the year. The credit is phased out for those with higher incomes.
Energy Tax Credits for Homeowners
Energy tax credits for homeowners expire at the end of 2011 and are not as generous as in previous years. In addition, a taxpayer who has claimed an amount of $500 in any previous year is not eligible for this tax credit.
Homeowners can claim an Energy Star window tax credit of up to $200 maximum as well as a water heater tax credit, which includes electric, natural gas, propane, or oil, up to a maximum of $300. The same maximum ($300) applies to air conditioners, but insulation, doors, and roof credits are capped at $500. The furnace tax credit (includes natural gas, propane, oil, or hot water) and is capped at $150 maximum and efficiency must be at 95%.
Earned Income Tax Credit (EITC)
The maximum EITC for low and moderate income workers and working families is $5,751, up from $5,666 in 2010. The maximum income limit for the EITC has increased to $49,078, up from $48,362 in 2010. The credit varies by family size, filing status and other factors, with the maximum credit going to joint filers with three or more qualifying children.

Individuals - Education Expenses

Coverdell Education Savings Account
For two more years, you can contribute up to $2,000 a year to Coverdell savings accounts. These accounts can be used to offset the cost of elementary and secondary education, as well as post-secondary education. American Opportunity Tax Credit (Higher Education)
The expansion of the Hope Scholarship Credit by the American Opportunity Tax Credit has been extended through 2012. For 2011, the maximum Hope Scholarship Credit that can be used to offset certain higher education expenses is $2,500, although it is phased out beginning at $160,000 adjusted gross income for joint filers and $80,000 for other filers.
Employer Provided Educational Assistance
Through 2012, you, as an employee, can exclude up to $5,250 of qualifying post-secondary and graduate education expenses that are reimbursed by your employer.
Lifetime Learning Credit
A credit of up to $2,000 is available for an unlimited number of years for certain costs of post-secondary or graduate courses or courses to acquire or improve your job skills. For 2011, the credit is fully phased out at $122,000 adjusted gross income for joint filers and $61,000 for others.
Student Loan Interest
For 2011 and 2012, the $2,500 maximum student loan interest deduction for interest paid on student loans is not limited to interest paid during the first 60 months of repayment. The deduction begins to phase out for higher-income taxpayers.
Tuition and Related Expenses Deduction
For 2010 and 2011, there is an above-the-line deduction of up to $4,000 for qualified tuition expenses. This means that qualified tuition payments can directly reduce the amount of taxable income, and you don't have to itemize to claim this deduction. However, this option can't be used with other education tax breaks, such as the American Opportunity Tax Credit, and the amount available is phased out for higher-income taxpayers.

Individuals - Retirement

Roth IRA Conversions
There is no longer an income limit for taxpayers who want to convert regular IRAs into Roth IRAs. The difference is that taxpayers who convert to Roth IRAs in tax year 2011 must pay taxes on the conversion income now instead of deferring it in later years as was the case in 2010.

Businesses

Standard Mileage Rates
The standard mileage rate increases to 51 cents per business mile driven (19 cents per mile driven for medical or moving purposes and 14 cents per mile driven in service of charitable organizations) for the first half of 2011. From July 1, 2011 to December 31, 2011 however, the rate increases to 55.5 cents per business mile. This increase is a special adjustment by the IRS and reflects higher gasoline prices. Health Care Tax Credit for Small Businesses
Small business employers who pay at least half the premiums for single health insurance coverage for their employees may be eligible for the Small Business Health Care Tax Credit as long as they employ fewer than the equivalent of 25 full-time workers and average annual wages do not exceed $50,000. The credit can be claimed in tax years 2010 through 2013 and for any two years after that. The maximum credit that can be claimed is an amount equal to 35% of premiums paid by eligible small businesses.
Section 179 Expensing
In 2011 (as well as 2010), the maximum Section 179 expense deduction for equipment purchases is $500,000 ($535,000 for qualified enterprise zone property) of the first $2 million of certain business property placed in service during the year. The bonus depreciation increases to 100% for qualified property. If the cost of all section 179 property placed in service by the taxpayer during the tax year exceeds $2 million, the $500,000 amount is reduced, but not below zero.
Please contact us if you need help understanding which deductions and tax credits you are entitled to. We are always available to assist you. Go to top

Newt Gingrich Tax Plan Would Lower Federal Tax Revenues $1.3 Trillion

Newt Gingrich Tax Plan Would Lower Federal Tax Revenues $1.3 Trillion

Florida's Foreclosure Mediation Program ends. Not all is lost. We can still assist homeowners with foreclosure defense, loan miodifications, short sales.www.DsouzaLegal.comFlorida’s foreclosure mediation program ends - Business - MiamiHerald.com

Florida’s foreclosure mediation program ends - Business - MiamiHerald.com

Monday, December 5, 2011

Great News !!! Unemployment rate drops...

Unemployment Rate Drops to 8.6%

The nation’s unemployment rate fell to 8.6 percent during the month of November, as employers added 120,000 new jobs to their payrolls, the U.S. Department of Labor said Friday.
By the government’s calculations, the unemployment rate declined by 0.4 percentage point from 9.0 percent reported in October to hit its lowest level since March of 2009.

Analysts at IHS Global Insight were expecting the economy to add 125,000 new jobs last month, but the rate to hold at 9.0 percent.
Earlier this month, IHS published the graphic above, illustrating its projections of how long it will take each state to return to peak levels of employment.
Employment assessments for both October and September were revised upward. The Labor Department says total nonfarm payroll employment rose by 210,000 jobs in September rather than the 158,000 previously reported. October’s numbers were revised from 80,000 new jobs to 100,000.

Friday, November 18, 2011

Millionaires Ask Congress to Raise Tax Rates: Accounting Today

Millionaires Ask Congress to Raise Tax Rates: Accounting Today

Consumer Confidence Down. Prices Up. Disposable Income Down. What do we do next ???

Consumers' Financial Health Takes Hit in Third Quarter

A deteriorating housing picture, coupled with an increase in expenses and a drop in consumer confidence, led to a sharp decline in consumers’ financial health during the third quarter.


The nonprofit credit counseling agency CredAbility puts out a regular quarterly index measuring consumer distress. Between July and September, the gauge recorded its largest drop since the third quarter of 2008.
U.S. households scored 66.7 on the index’s 100-point scale for Q3 2011. That’s down from a distress index level of 69.2 just three months earlier. A score below 70 indicates a state of financial distress.
CredAbility’s data show the average consumer has been in distress for 12 straight quarters now.
The drop in the third quarter index breaks a string of rising scores in five of the past six quarters. In fact, the agency’s COO Mark Cole says the fragile gains made
during the past year-and-a-half have been completely swept away in a single quarter.
“The mortgage delinquency rate is no longer improving and household budgets are being squeezed by rising gas and food costs. Unless consumers are willing to borrow, they’ll need to scale back their holiday spending,” Cole warned.
Mortgage delinquencies, late payments by apartment dwellers, and housing expenses as a percentage of gross income all increased during the quarter, according to CredAbility’s report.
At the same time, the agency says rising prices for food and gasoline meant consumers had less discretionary income.
On top of all that, even though the unemployment rate remained steady, the under-employment rate increased as the number of persons working part-time for economic reasons increased by 700,000 to 9.3 million in the third quarter.
CredAbility says among individual states, Nevada had the lowest distress index score at 59.70, followed by Mississippi, Michigan, Georgia, and Alabama.
Only 19 states and the District of Columbia had scores higher than 70. North Dakota had the highest index score at 81.4.
CredAbility’s quarterly index tracks the financial condition of the average U.S. household by measuring five categories: employment, housing, credit, how families manage household budgets, and net worth.

Thursday, November 17, 2011

5 ways to rebuild credit after bankruptcy

5 ways to rebuild credit after bankruptcy

If you're one of the 1.5 million people who filed for bankruptcy in 2010, the dark financial cloud may seem unending. But take heart: As time crawls on, if you don't suffer additional money missteps, your financial picture will improve.
Rest assured that you are not alone. The recession ushered in a tidal wave of bankruptcies, with the number of new filers nearly doubling from 850,912 in 2007 to 1.5 million in 2010, according to the American Bankruptcy Institute. While a bankruptcy will cause credit score damage, there are steps you can take to turn things around.
"Becoming creditworthy after bankruptcy is a major concern to millions of Americans right now," says Karen Carlson, director of education for InCharge Debt Solutions, a credit counseling organization in Orlando, Fla. After all, a bankruptcy can hurt your chances of getting a mortgage and make credit, in general, more expensive, with car loans sometimes costing consumers as much as 29 percent in interest after a bankruptcy, Carlson says.
5 ways to rebuild credit after bankruptcy The damage to your credit score can be substantial. In fact, a FICO score in the mid-to-upper 700s could fall by 200 points or more as a result of a bankruptcy filing, says Barry Paperno, consumer operations manager for MyFICO.com. Though bankruptcy remains on your credit report for seven to 10 years, you can start to turn your credit around in 12 to 18 months, experts say, by considering the following options. 
Option No. 1: Correct reporting errors.  While the last thing you may want to do is pull a copy of your credit report to see the bankruptcy's damage firsthand, it's important to make sure inaccuracies don't drag your score down even more. "Get a copy of your credit report free from AnnualCreditReport.com and make sure everything that should have been discharged in your bankruptcy shows a zero balance," says Carlson. If it doesn't, contact those creditors and the credit bureau to make sure the information gets updated.
Option No. 2: Take advantage of current obligations. Many people mistakenly believe that a bankruptcy will wipe out all debts, but some, such as student loans, child support and, in many cases, mortgages will not be discharged, says Barry J. Roy, a bankruptcy attorney with Rabinowitz, Lubetkin & Tully in Livingston, N.J. By keeping on top of payments on those remaining loans, you'll receive a credit boost for paying your bills over time.
Option No. 3: Rent your way to better credit. Earlier this year,, credit reporting agency Experian announced it would include rental histories in its credit profiles to get a more accurate reflection of consumers' financial pictures. "We included consumers' mortgages, auto loans, credit loans and student loans before, but we were missing the largest monthly expenditure for a third of the country -- namely their rent payments," says Brannan Johnston, vice president and managing director of Experian RentBureau.
Since the collection of rental data requires leasing companies to be part of a national network of property management companies and use special software, most individual landlords and small rental companies aren't equipped to report rent payments at this time. But if you plan to lease an apartment from a midsized to large rental company, check with the leasing office to see if they're reporting their data to Experian RentBureau, Johnston says. Though Fair Isaac's FICO score (which can range from 300 to 850) doesn't include the rental data in its credit scoring system, VantageScore (whose scores range from 501 to 990) does, and a record of paying your rent on time can make a difference. In fact, for those consumers who have rental data reported, 45 percent of them with VantageScores in the 500s and lower found their scores increased to 600 or above, RentBureau's Johnston says.
Option No. 4: Take a slow and 'secure' approach. Secured credit cards let you take baby steps back into the credit game. To offset the card issuer's risk, secured cards require a deposit that serves as your credit line, so if you put down $1,000, you'll have $1,000 in credit available. Apply for a secured credit card through a local bank or credit union, suggests Katie Ross, education and development manager for Auburndale, Mass.-based American Consumer Credit Counseling. Avoid secured cards with high fees, and make sure the card issuer reports your payments to the credit bureaus, Ross adds.
Option No. 5: Explore unsecured offers with caution. While some people who find themselves in financial straits may swear off credit entirely, doing so won't help your cause. Jacqueline Gikow of New York found this out the hard way after she filed for bankruptcy and then decided to operate solely with cash. "For about 10 years, I just used debit cards," the 64-year-old says. Since she hadn't built up her credit, she still had trouble getting credit cards after the bankruptcy had fallen off of her credit report. Though department store and gasoline credit cards tend to have high interest rates, they're typically among the easiest types of credit cards to qualify for. A high interest card with no annual fee, in general, can be advantageous if you use it regularly and pay it off immediately so you rack up no interest charges, Ross says. "By doing this, it will be reported to the credit reporting agencies and will show that you are making payments in a timely manner," Ross adds. Once you've shown your ability to pay on time and your credit score has risen accordingly, ask the card issuer to lower your rate, or apply for a card with better terms.
There's no one-size-fits-all approach to rebuilding credit after bankruptcy, but with consistent financial discipline and a little patience, you will get easier access to credit again, says Roy. "You'll be able to get a car loan, you'll be able to get a lease and eventually you'll be able to get a mortgage."

Wednesday, November 9, 2011

28.6 % of Homeowners owe more than the value of their home.

Rising Negative Equity Puts More Than One in Four Underwater

After declining between the first and second quarters of this year, Zillow says negative equity rose again in the third, reclaiming all of the previous quarter’s decline and then some.

Zillow’s latest market analysis indicates 28.6 percent of American homeowners with a mortgage owed more on the loan than their home was worth as of the end of September. That’s up from 26.8 percent in the second quarter and 28.4 percent in the first quarter.
Dr. Stan Humphries, Zillow’s chief economist, explains that negative equity fell in the second quarter on the basis of sharp improvements in depreciation rates and flat foreclosure liquidation rates.
This quarter, however, Humphries points out that home values remained relatively flat while foreclosure rates slowed further. These two factors, he says, combined to increase negative equity.
While the pace of foreclosures has slowed, Zillow still describes liquidations as “high,” with nearly 9 out of every 10,000 homes going back to the bank through foreclosure.
Zillow’s third-quarter report shows that despite recent economic turmoil, home values in the United States remained almost unchanged from the second to the third quarters, declining just 0.2 percent.
Regionally, 105 out of 157 markets (67 percent) in Zillow’s study experienced quarterly declines. Only 26 markets saw appreciation on a quarterly basis.
Several markets, including Washington, D.C. and Fort Myers, Florida, saw declines in the third quarter after two consecutive quarters in positive territory.
However, Zillow says there are signs of stabilization in some of the hardest hit markets in Michigan. Ann Arbor, Grand Rapids, Detroit, and Lansing have all seen at least two quarters of appreciation.
The company’s national index is down 4.4 percent from the third quarter of 2010, registering a median home value of $171,500. Zillow says residential property values have fallen 28.8 percent since they peaked in June 2006.
With the steady drumbeat of negative economic news recently, Humphries says home values are holding up better than one might think.
Still, Humphries is sticking to his prediction that a true bottom in home values shouldn’t be expected until 2012 at the earliest, with negative equity and unemployment the two biggest factors preventing the market from stabilizing.

Monday, November 7, 2011

Wage Garnishment for Student Loan Defaults

Did you know that Sallie Mae or collectors for Federal Student Loan can garnish your wages without a NOTICE, HEARING or a LAWSUIT.

The government can garnish 15% of your wages if you fall behind on your student loans, and here is the laws that assist them:
  • The Higher Education Act, (P.L 102-164; 20 U.S.C. § 1095a) authorizes ED as well as student loan guaranty agencies  to collect defaulted Federally-financed student loans by means of an administrative order to the employer, and without the need for a court order. This order requires the employer to withhold and pay over to ED or the guarantor up to 15% of the debtor’s disposable pay. This Federal law supersedes any state law governing wage garnishment.
  • Section 488A of the Higher Education Act authorizes ED and student loan guarantors to collect defaulted Federally-financed student loans by means of an administrative garnishment order to the employer, without the need for a court order. This order requires the employer to withhold and pay over to ED a portion of the debtor’s disposable pay.
  • Federal law authorizing this action supersedes any state law that might limit or prohibit wage garnishment, or would require a creditor to obtain a judgment or use specific procedures for wage garnishment.
  • Debit blocks and other account tools used by banks to prevent fraud will not prevent your check from being cleared through our Treasury lockboxes.

Thursday, November 3, 2011

More Good News !!! Homeownership Rate Rises After Two Years of Decline.

After falling to a 13-year low during the second quarter, the homeownership rate posted a highly unexpected rise in the third quarter, according to a Census Bureau report released Wednesday.

With foreclosures forcing homeowners out of their homes and buyers waiting on the sidelines as home values declined, the homeownership rate has been on the decline for quite some time. In fact, according to Bloomberg, the third quarter rise is the first in two years.
However, the 0.4 percent increase, which brought the homeownership rate to 66.3 percent for the third quarter, was not enough to post an annual increase.
The current homeownership rate remains 0.6 percent below the rate recorded in the third quarter of 2010.
Furthermore, according to the Census report, when the current rate is seasonally adjusted – which brings it to 66.1 percent – it is “not statistically different from the rate last quarter” – an even 66 percent.
Homeowner vacancy rates fell 0.1 percent in the third quarter arriving at 2.4 percent.
At the same time, rental vacancies rose 0.6 percent arriving at 9.8 percent.
Despite this shift, Capital Economics says in response to the Census findings, “The modest increase in the rental vacancy rate in the third quarter does little to alter our view that rental yields will soon rise above 5.5%, comfortably beating the yields available on Treasuries and equities.”
“Meanwhile, the homeownership rate remains at a level that suggests America’s love-affair with housing is still on the rocks,” Capital Economics adds.
About 85.8 percent of housing units were occupied in the third quarter.
The region with the highest homeownership rate was the Midwest with a rate of 70.3 percent, while the lowest homeownership rate was seen in the West at 60.7 percent.
The Northeast and South feel in between at 63.7 percent and 68.4 percent respectively.
At 76.1 percent, West Virginia had the highest homeownership rate. The state was followed closely by Mississippi with a 70 percent homeownership rate.
The lowest homeownership rate was seen in the District of Columbia, where the rate for the quarter was 44.3 percent. New York followed with 54.4 percent.
Nevada and California – states hard-hit by the housing crisis – were also in the bottom five with homeownership rates of 55.3 percent and 55.9 percent respectively.

Tuesday, November 1, 2011

Why do banks foreclose rather than work with the Homeowner ???. Here are some reasons.

Reasons Banks Would Rather Foreclose than Work a Loan Modification with the Property Owner.

Every day I hear from Homeowners "Why won't the bank reduce the principal owed on my home rather than selling it to a complete stranger for less money at a foreclosure sale." 


Here are some possible reasons:

1.  It is easier to say "No" than to work with the homeowner. Loan Servicers work for mortgage companies, and are responsible for collecting the monthly mortgage payments and remitting them to the mortgage company after deducting their fees for the services provided. Servicers are paid extra if they have to start a foreclosure against an homeowner. Servicers also provide other services that they can charge the mortgage company. Such services may include doing due diligence on the borrowers, title work, process service work, storage of documents, etc. etc. all of which is billed to the mortgage company. Therefore, the Loan Servicer has absolutely no interest in working with the homeowner until the entire relationship between the Servicer and the Mortgage Company and how the Servicer makes its money is changed.


2.There is no benefit for the Lender to reduce the principal. It is better to get less now through a foreclosure sale than allow the homeowner to pay a reduced amount over the next 30 years. Remember money is more valuable today. The same money is worth much less 30 years from now. Plus when the home is sold at a foreclosure sale, the bank can get a deficiency judgment against the homeowner for the balance of the mortgage. These deficiency Judgments can be sold for a price. There are various ways to avoid a deficiency Judgment.



3.  Even if the bank reduces the principal and/or the interest rate or extend the loan for a longer time, banks know that given the state of the economy, many homeowners will default. I have got loan modifications for many of my Clients, and at least half of them have already defaulted and are seeking another Loan Modification. Of course, I am consumer lawyer, and my job is to protect the little person, so I apply shamelessly for a second, and a third modification, and aggressively defend the foreclosure case.


4. Banks  have become so big that the right does not know what the left is doing. It is almost impossible to get the same person on the phone two times in a row. And the ones we speak to do have the authority to do anything but to gather papers. And for some reason banks keep asking for the same papers again and again. It is frustrating. Many times the Customer Service departments are outsourced to countries like India or China, etc. and it is a big mess. Most of the staff does not have the training to get things done.


5. Many mortgages are insured by AIG or another insurance company. Why will the bank work with you and give you a loan modification or reduce the principal when it knows that if it foreclosed on the home, they will get 100% of their money back from Insurance.

Moral of the story: It is better to foreclose than to do a loan modification or reduction in principal.  

Attorney Dsouza defends foreclosure lawsuit, negotiates loan modification, deed in lieu of foreclosure, defends credit card lawsuits, negotiates and settles debts. www.DsouzaLegal.com

Florida women earning nearly 84% of male workers' median income

Florida women earning nearly 84% of male workers' median income

Monday, October 31, 2011

Fannie Mae and Freddie Mac will need between $220 billion and $311 billion from Tax Payers. They have already received $169 Billion from Tax Payers.

Officials Say GSE Bailout Will Cost Less Than Originally Estimated

The Federal Housing Finance Agency (FHFA) has lowered its projection for just how much taxpayer funding is needed to support the nation’s two largest mortgage financiers.

FHFA estimates that Fannie Mae and Freddie Mac will need between $220 billion and $311 billion from the American people when all is said and done. Those figures represent capital assistance from September 2008, when the two mortgage giants were placed into conservatorship, through the end of 2014.
The federal agency has actually trimmed those numbers from estimates released a year ago, primarily because the GSEs have required less funding so far than officials initially thought. Projections released by FHFA in October
2010, covering a span one year shorter, ranged from $221 billion to $363 billion through the end of 2013.
Over the last three years, Fannie and Freddie have drawn $169 billion from Treasury under the Senior Preferred Stock Purchase Agreements of their conservatorship. To date, they’ve returned $28 billion in dividend payments.
To assess the GSEs’ capital needs over the next three years, FHFA has devised three what-if scenarios, taking into account expected loan performance, macroeconomic conditions, and home prices.
Based on these hypotheticals, the agency is projecting Fannie and Freddie will need another $51 billion to $142 billion, on top of the $169 billion already received.
FHFA notes that Fannie Mae’s cumulative draws are higher than Freddie Mac’s, in part because Fannie’s mortgage book of business is approximately 50 percent larger and carries a higher serious delinquency rate.
For both companies, provisions for loan losses, plus foreclosed property expenses continue to drive projected Treasury draws across all three future scenarios.
While to date, the GSEs have needed extra money each quarter from Treasury to cover dividend payments owed to Treasury, FHFA’s projections show that as each company’s financial situation improves over the coming years, at least a portion of future dividends will be paid out of comprehensive income.

Mac will need between $220 billion and $311 billion from the American people when all is said and done

Friday, October 28, 2011

Foreclosure Woes to Plague Industry for at Least Five Years

Foreclosure Woes to Plague Industry for at Least Five Years: Survey


A new quarterly survey of bank risk professionals from FICO paints a decidedly pessimistic picture of housing’s future. The company describes its latest results as a reversal of the growing optimism seen in late 2010 and early 2011.
The survey, conducted for FICO by the Professional Risk Managers’ International Association (PRMIA), shows that bankers expect delinquencies on consumer loans to rise, underwriting standards to become stricter, and the housing sector to continue struggling far into the future.
Among the 188 risk managers surveyed, 73 percent believe mortgage defaults and foreclosures will remain elevated for at least five more years.
Furthermore, 46 percent of respondents expect mortgage delinquencies to increase over the next six months, while only 15 percent anticipate a decline in mortgage delinquencies over the same period.
The negative sentiment among banks’ risk professionals also extended to property values. When asked if housing prices nationally would climb back to 2007 levels before the year 2020, 49 percent of respondents said no. Just 21 percent said yes.
“Housing has been an enormous drag on the economy for over three years as U.S. households lost trillions of dollars in equity,” said Dr. Andrew Jennings, chief analytics officer at FICO and head of FICO Labs.
Data from the Federal Reserve shows that between 2005 and mid-2011, Americans lost $7 trillion in home equity.
“While the housing sector will almost certainly gain strength during the next nine years, many bankers clearly believe prices will remain depressed for half a generation,” Jennings said. “This puts the devastation of the housing crash into perspective.”

Recent Articles

Assets in a Single Member, LLC. are not protected.

Planning for a Strategic Default on your mortgage

Big Four Banks Express Interest in the HARP 2.0 program.


Recent News

Advertisement


Advertisement


Sign up for daily e-mail updates.

Do you have a news tip, story idea, or suggestion for DSNews.com or DS News magazine?
Simply e-mail editor@dsnews.com.
Whether you choose to tell us a little about yourself or prefer anonymity, we appreciate your contribution!