Mortgage Debt Relief Bill in California: Not Quite as Forgiving

Like the housing market, debt relief is a little more expensive in California.

On the state level, Senate Bill (SB) 1055, authored by Sen. Michael J. Machado, passed the Senate Revenue and Taxation Committee on an 8-0 vote. The measure would help California taxpayers whose lenders have forgiven a portion of their mortgage debt, by allowing them to exclude the forgiven debt from their incomes for state income tax purposes. Under existing state tax law, forgiven debt on mortgages is taxable to the borrower as ordinary income for the year in which the debt is forgiven. Per the Franchise Tax Board:

"If it passes, SB 1055 will conform to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007 – with a notable difference. For California taxpayers, the period of excludable discharges would be from January 1, 2007, to December 31, 2008. The federal period of excludable discharges is from January 1, 2007, to December 31, 2009."

When Are Short Sales A Good Buy?

There are more listings these days taken under "short sale" conditions, and naturally, buyers are looking for a good buy. For the agent, the Southern California MLS now accommodates property searches based on this category as well as for bank-owned properties, but what will be involved for the buyer? For example, in Cerritos, there are about 27 short sale listings out of 80 4-bedroom houses on the market. In the Wrigley and general California Heights areas in Long Beach, out of a search of 34 houses under $500,000, about 12 are noted to be short sales. In Huntington Beach, 35 out of 115 houses listed under $750,000 are showing as short sales in the MLS.

First of all, initial disclosure of the short sale by the seller and listing agent is absolutely critical, and should be placed in the MLS listing. A "short sale" is where the owner owes more than the current market value of the property, and where the lender forgives a portion of the loan to match up with the market. The transaction and sale is legally between the buyer and seller, but the fact is the bank will have the ultimate voice in approving the amount of sale. If you're a buyer in a hurry, you may have to be very patient because it's not likely that even if the seller agrees upon a 30-day escrow period, that the bank will be getting around to it that fast. The closing period will likely be closer to 60 days. Much depends on the personnel in its loss mitigation department.

Contractually, make sure you as a California buyer of a 1-4 unit property have completed the Short Sale Addendum as part of your purchase contract and which discloses the contingency of the seller's receipt of a short sale approval by the lender(s) (remember, there may be a second loan by a separate lender which will also have to be negotiated). And, the lender reserves the right to accept other offers, so if the price is not right for them, your offer might sit on a desk while the lender waits for a better offer. Since you don't want to wait forever for lender approval, you will want to insert a realistic date into your contract for the lender's response which enables you to contractually cancel and move on. If the property is an exceptional price for the area, be aware that you may be competing with other offers, even though the market is otherwise slow.

On the postive side, banks are less interested in going through the more costly foreclosure process, and they really would rather approve a seller's short sale, and if the short sale package is presented (some listing agents are not presenting one until they get an offer from a buyer) and dealt with on a timely basis, then the buyer may have some luck. The key is to finding a house you really want, and having the ability and the time to wait out the process.

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Recent California Sales and Prices

The red bars in the chart at the right show the drop in California median sales price of single family houses since last summer. Is this all due to the foreclosures and delinquencies, as is heard so much of in the general media?

Since 1974, the average foreclosure rate per year is .81% (including the highest rates back in 1996 and 1997 of around 2%), and at the end of 2007 was 1.7%. The mortgage delinquency rate was at 4.4% at the end of 2007 (long term average is 3.9% and up as high as 6% in the mid-1980's). This means that out of all the loans made, 1-2% of those loans are having problems.

The loan resets many of this group are facing will continue for some time to come, and certain areas highly impacted by foreclosures will be more affected by lower prices. But in any market, there are always buyers and sellers, however currently, sales are below the 350,000-400,000 the expected "baseline" activity per the state's inventory of home and population demographics, and seems to coincide with the tightening in the credit industry since last summer, so that many people who could buy are delaying.


The statewide median price for detached housing dropped from the mid $580's in August to about $525,000 in October, to $475,460 at the end of December, 2007. However, the Los Angeles County median price for houses in December was $487,000.

Buyers and sellers will need to know their local area prices--sellers should be realistic about their asking price, and buyers should not be expecting cutthroat bargains just because sales are slower. In some areas, sellers are taking their homes off the market and leasing them if they feel they cannot get their price, and therefore there can actually be a shrinking inventory in some neighborhoods. One neighborhood I have been tracking in Costa Mesa (Orange County) featuring Greenbrook homes has actually shrunk from 10-12 houses listed on the market last Spring 2007, to now showing 3 listed as "active" and 1 that went into escrow on Feb. 12, as of Feb. 16, 2008.






Charts and price data per California Association of Realtors


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Why Buy a Home in Today's Market? It's Getting More Affordable

The $168 billion package signed off on by President Bush earlier this week increased the maximum conforming loan limit up to as much as $729,750, or 125% of the median price. Conforming loan limits are generally set on a statewide level (as opposed to FHA limits which are more local)--HUD has 30 days to determine those loan limits, but this morning the feedback is that for Los Angeles and Orange Counties, the maximum limit may be set! The information should be available by next week. (3/3/08 NOTE: limits may now be set on a county basis, and Los Angeles and Orange Counties may receive the highest loan limit.)

Buyers, it pays to pay attention right now and make plans for yourself. With new rates coming into effect in the very near future, you want to be prepared to take advantage of those lower, former "jumbo" rates which will reduce the monthly payment.

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So, with a little help from C.A.R., "Why Buy a Home in Today’s Market?"

1. Interest rates on long-term, fixed, and adjustable mortgages are at historically low levels. The rate on a 30-year, fixed mortgage is hovering just below 6 percent, while, by comparison, interest rates were hitting 8 percent and higher during the last market downturn in the late 1990s, and were between 10 and 12 percent at the height of the last housing boom in the 1980s. Lower interest rates make it easier to qualify for a loan, and your monthly payments are more affordable.

2. No one can put a price on the intrinsic value of homeownership. Home prices also reflect financial worth and, the good news is, across California the median sales price for a single-family home has been consistently rising for several decades. The projected median home price for a single-family home in California in 2008, for example, is $553,000. By comparison, the median price in 2000 was $241,350; $193,770 in 1990, and $99,550 in 1980. (source: C.A.R.) Also, "The percentage of households that could afford to buy an entry-level home in California stood at 33 percent in the fourth quarter of 2007, compared with 25 percent for the same period a year ago", according to a report released 2/19/2008 by C.A.R..

3. The length of time a home remains on the market before it is sold has increased from roughly two weeks in 2004 to between eight and nine weeks in 2007. With more homes on the market for longer periods of time, you have more choices when it comes to selecting a home today.

4. The multiple-offer frenzy that dominated the latest housing boom has subsided, and there is less pressure on today’s home buyers to outbid one another. REALTORS® in California reported that in 2007 only 28 percent of homes sold had multiple offers, compared with 57 percent in 2004. (source: C.A.R.)

5. The credit industry crisis that has made securing a home loan difficult for many has led to heightened scrutiny of mortgage lenders. As a result, state and federal agencies have created protections for home buyers that were not in place a year ago.

Buying a home in today’s market may be challenging, particularly for those with credit problems or little saved to put toward a down payment. But there are many factors impacting the current housing market that make buying a home today a viable option.

the above article courtesy of California Association of Realtors.

For a new site to set your own search, register at http://www.longbeachrealestate.listingbook.com/.

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Top 10 Ways Sellers Can Guarantee Their Home Won't Sell

Paul Pastore’s Top 10 Ways Sellers Can Guarantee Their Home Won’t Sell:

"1. Be casual, not serious, about selling. A sage once quipped, “Money is only important when you don’t want something enough.” Actions speak louder than words in this market. Discretionary sellers should wait for a less competitive environment.

"2. Price it wrong. A home properly priced is half sold. No amount of full-color ads, glossy fliers, multiple photos, virtual tours, agent luncheons, Goodyear blimps, pom-pom girls or Saint Joseph statues will compensate for a wrong, timid retail price.

"3. Ignore your agent. Attorneys believe if you represent yourself, you have a fool for a client. Doctors don’t self-diagnose. Professionals use professionals. Even though many people believe they’re experts on raising kids and real estate, full-time, career pros usually know what’s best. Listen to them very carefully.

"4. Micromanage the marketing. If you sold cookware in college, carts in California, or carpeting in Cranston, it does not qualify you to second-guess your agent. If you had a real estate license years ago, save your stories about the “good old days” for your children. You can share your concerns and timelines, but leave the details to the listing pro.

"5. Reject staging suggestions. Someday shag multi-colored, sculptured carpeting will come back. Whitewashed cabinets, Navajo white walls, linoleum flooring, southwest decor, lots of personal photos, and Elvis paintings on black velvet need to go. Now.

"6. Let Fido loose. I recently entered a house and had two frisky, friendly black Labs run up to sniff me. Unfortunately, I had light-gray dress slacks on that day. Both wet stains lasted for hours. Until that day I didn’t realize dogs enjoyed chewing the tassels on expensive loafers.

"7. Talk to the buyers. Life gets lonely at times. Why not ask the buyers where they grew up? Or how much they qualify for. Tell them about the vacant rental next door. Maybe they could baby-sit next weekend! Why not share war stories, horror movies or meatloaf recipes?

"8. Sell personal items. Wow, maybe the buyers want to buy the patio furniture, rotary lawnmower, or life-size statue of Saint Anthony. You have only four more boxes of Girl Scout cookies to sell. Why not ask for a donation for the March of Dimes, the Humane Society, the local PBS station? Remember the saying, “loose lips sink ships.”

"9. Discount that smell. My house doesn’t smell of pets, baby diapers, curry powder, garlic, fried fish, coconut incense, cigars, manure, mulch, dairy farms or low tide. The buyer must be confusing my castle with a tract home.

"10. Dismiss feedback. What do buyers know anyway? They can’t possibly mind my barbed wire fence, heavy-duty rebar, backyard bomb shelter, airport runway views, lights from the power plant, hum from the high-voltage lines, railroad tremors, scorpion skeletons, termite mud tubes and pet snakes. What are they thinking?"

Copyright © 2008 RE/MAX International Inc. 2/4/08
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Sales Trends and New Loan Limits in Southern California

The selling prices are on a downward slope, but so is the amount of inventory since last June. In the entire SoCalMLS area which now covers areas from Los Angeles down to San Diego (there is a push for a statewide MLS which may be happening by the end of this year), there were over 34,000 units for detached housing on the market in June, 2007, at an average list price of $815,272. The units on the market increased to over 38,000 in September and October, and by January had decreased to 32,217, and the average list price was $732,043.

The same trend shows for attached (condos, etc.) housing: Average list price of $494,000 last June decreased to $455,000 by January 3, 2008. with only about 275 additional attached units on the market compared to last June. Per California Association of Realtors, the median time on the MLS, meaning the days on market for a property before the seller received an accepted offer and went into escrow, was 8.6 weeks in 2007, compared to 1.6 weeks in 2004.

What sellers want to avoid now is "chasing the market down", today's low offer may look great in 90 days.

For buyers, the question remains, is our area market stabilizing beyond the usual seasonal dip in sales? Hopefully, that will be so, and with the Senate's approval of the economic stimulus plan yesterday, and an expected increase in conforming loan amount from $417,00 to over $700,000, some buyers who have been waiting for the right time to buy will now do so.

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Quilts of Valor, a Project for Veterans

Another Realtor in my office works diligently on Quilts of Valor, a nonprofit foundation of volunteers who make quilts to aid in the healing of our wounded vets upon their return from Iraq and Afghanistan. Due to some recent publicity (and more to come) her organization is starting to receive donations of fabric for constructing these quilts. She says, "I am asking you if you or someone you know might have a storage center, warehouse, or empty office that could be donated to us for storage and maybe even a workroom for volunteers to use to sew please contact me. Stay tuned for news about our Time Warner Cable video to be out soon as well as on CNN VOD and YouTube! This is such a needed and worthwhile cause, I hope you will also keep us in mind if your clients have cotton/flannel fabric, thread and sewing supplies or sewing machines to dispose of. We can always use more volunteers to help as well (no skills required). We also need money for postage to get the quilts delivered."

Weekly workshops are held Thursday afternoons at SewVac, 1762 Clark Ave., Long Beach, from 1-5 pm. This group has done two Make a Difference Days on Saturdays. Starting in March, there will be evening sessions in Cerritos. High school students can earn their community service hours by volunteering. They are an authorized agency for the Long Beach Unified School District to help them earn their 40 hours required for graduation, so they learn a skill and learn to give back to the community!

If any of you have work space we could consider, or materials, or an interest in this, please contact me!

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Downtown "Fun Bus" to Broadway and 4th St. Businesses

The Big Red “Fun Bus” is a free ride on Thursdays from 6 pm to Midnight and Saturdays from 1 pm to 6 pm – as a way of connecting all the cool shops and dining establishments along Broadway and 4th Street between Pine and Redondo while passengers listen to live music and enjoy special promotions offered through their website. It’s being funded by business owners on Pine through Downtown Long Beach Associates as a way of connecting their businesses in a fun way from downtown and the East Village to the neighborhoods of Belmont Heights (historic district), Bluff Park (historic district), Bluff Heights and Alamitos Beach along the Broadway and 4th St., which adjoins Rose Park South (historic district).

It's a great opportunity to visit stores and shops such as KiKi Originals, an alternative to the warehouse style bridal stores "where you feel like a number instead of a bride." Shop owner, Kim Kessler, a resident of Long Beach for over ten years, has made dreams come true for her brides. KiKi Originals can design anything you can dream of for your wedding party including bridal gowns, bridesmaids, flower girls, and mothers. Sasha's Living With Style just recently expanded into a period Craftsman-style house on Broadway (see first photo above) which had been a rental for many years. The house is typical of many houses originally built in the area, and a great setting for her home design store.

Mark Sutherland of Bungalow Marcasso at 2720 E. Broadway specializes in home and garden accessories, arts, and gifts--"Voted Best Gift Store for 2007 by Beachcomber Newspaper readers!"

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How Today's Rate Cut Affects You

Quote of the day:

"Long-term rates, such as those for mortgages, don't respond directly to the Fed's short-term rate moves. Sometimes, mortgage rates move in the opposite direction when the Fed reduces the federal funds rate. But more often than not, mortgage rates eventually follow the Fed's lead. That might be one of the motivations of the central bank, (Richard DeKaser, chief economist for National City Corp) says -- "to help the housing market by lowering the refinance rate on many resetting mortgages. That makes it easier for people confronting resets, which we know are rampant right now, to achieve more affordable rates."

If you have a Home Equity Line of Credit, that will be favorably affected. But keep on eye on mortgage rates, because taking a cue from last week's volatility where there was an almost-unheard-of-three-quarters-of-a-percent movement in one day, you could definitely save money.

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What Does the Rate Cut Do For You?

Whenever the Federal Reserve increases or decreases rates as it did today, it means different things for different people. The winners will be people with good credit scores because the better your score, the better interest rate you receive. This means that if you have an adjustable rate mortgage, it's a really good time to refinance into a fixed interest rate mortgage. It's also a really good time to look for a new home--your payment will be lower with lower interest rates.

The other reason your credit score is so important is not just the rate you'll qualify for, it's the type of loan available to you. I'm including this somewhat pessimistic article (to appeal to the conservative among you) on today's rate cut, how it affects mortgage rates, and tighter lending standards compared to those of 2-3 years ago which have made certain loans out-of-reach that were once available for borrowers with lower FICO scores. At the same time, FHA loans (usually made with a very low down payment) are on the table with the Senate-passed FHA Modernization Act for an increase in loan amount to assist first-time buyers. There are in fact numerous first-time buyer programs available. In fact, the Los Angeles Times and the California Association of Realtors are hosting a free first time homebuyer fair at the Los Angeles Convention Center in April, 2008.

So if you're looking to refinance or purchase for the long term, you may have a great opportunity at this time.

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