Positive Outlook For Tax Credit Extension

Mortgage-Forgiveness-Tax-Relief

Last week I emailed my Senator Bill Nelson about an important issue to home owners not just locally but all across the country. In 2010 legislation was put in to law that allowed for tax exemption on debt forgiveness on a mortgage. I know its confusing but here is the gist. If you bought a home in 2007 for $350,000 and lost your job in 2010 you could no longer afford your mortgage payments on your $350,000 home. In the past you would simply sell your home and downsize so you can get back on your feet however the real estate crash left the value of your home at far less than what you owe, lets say for example $175,000 (in my market thats a realistic number) and you cant just sell so you need to ask the bank to forgive an amount of $175,000 through the process of a short sale. Well the wonderful IRS looks at that forgiveness of debt as income and you would in the past have to pay capital gains taxes on that amount! Literally tens of thousands of dollars would be owed to the IRS in most of these instances. I will let you try and wrap your head around how the IRS justifies that but the good news is while the initial rule was set to expire on Dec 31, 2012 it looks like we may get it extended. Below is my response from Senator Bill Nelson. 

 

Dear Mr. Kelley:
 
     Thank you for contacting me regarding mortgage debt relief.  As Florida continues to recover from an astounding level of foreclosures, I have worked with my colleagues in the Senate to mitigate the effects of the housing crisis for homeowners.  
 
     I am a cosponsor of S. 2250, the Mortgage Forgiveness Tax Relief Act.  This legislation would allow the cancellation of mortgage debt on a principal residence to be excluded from a taxpayer’s taxable income through calendar year 2014.  In the 110th Congress, I cosponsored a similar measure, which was signed into law in 2010 (P. L. 110-142), that allowed the cancellation of mortgage debt on a principal residence to be excluded from taxable income through calendar year 2012.
 
     While Congress is working to make sure responsible homeowners who engage in short sales do not face a tax bill, we also must educate struggling homeowners about shady outfits claiming to offer financial assistance. I am pleased that the Federal Trade Commission set up a website to help homeowners avoid scams and predatory business practices. To learn more, please visit the following website: www.ftc.gov/YourHome 
 
     I appreciate hearing your views. Please don’t hesitate to contact me in the future.    
 
                                   Sincerely,
                                   Bill Nelson

Bella Collina went bust, but more huge bills come due

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By Mary Shanklin, Orlando Sentinel

6:37 p.m. EDT, September 29, 2012

 

Something unseemly has landed in the mailboxes of some of the mansions built in Bella Collina, the boom-to-bust luxury development in Lake County where hundreds of planned estate homes have never materialized.

In addition to that handful of homeowners, dozens of home-site investors and other property owners, including SunTrust Bank, now face the first installment in what is likely the largest tab for unpaid homeowner-association and club fees in the region, if not the entire state.

A company led by Washington Redskins co-owner Dwight C. Schar bought Bella Collina from beleaguered real-estate developer Bobby Ginn in June. Now Schar’s group has begun selectively issuing collection notices to individual property owners for back payments that total as much as $109,000 per lot, which in some cases exceeds the lot’s current market value.

It says it needs the money to reinvigorate and maintain the stalled community, originally envisioned as a rival to Orange County’s Isleworth, the most-exclusive community in Central Florida.

Bella Collina’s property owners, especially those living there, bridle at the new owner’s attempt to collect dues, fees and deposits dating back as much as six years. They object to being charged for promised amenities never built, including the resort-style pool, Har-Trutennis courts, nature trails, fitness facility and equestrian center.

Bella Collina, on the western shore of Lake Apopka just south of Montverde, looks today much as it did when the initial show homes were built about six years ago, with vast stretches of landscaped golf fairways and common areas surrounded by empty residential lots and the occasional Mediterranean-style estate.

Only about 40 houses have been built in the 1,800-acre community, which was designed to accommodate almost 900 homes; an 18-hole golf course and clubhouse; and other high-end facilities. Many of the investors who bought million-dollar lots there during the homebuying frenzy have since filed lawsuits complaining that Ginn Development Co. artificially inflated prices.

“Bella Collina has been, for the last few years since it opened, a little bit of the Wild West,” said Randall Greene, who helped manage the acquisition for Schar’s DCS Investment Holdings.

“We have families living here and paying their dues, and then we have the others — the majority — large-scale owners ranging from very sophisticated wealthy investors to very sophisticated banks, that are in default on pretty much everything.”

$895,000 — to $8,800

At the bend of a residential street virtually devoid of houses, Bella Collina residents Brad and Lana Heckenberg enjoy an unobstructed view of a small lake from the lanai of their 4,300-square-foot home. Last year, the retirees bought the lot next door to their house from Wells Fargo & Co. for just $8,800.

Five years earlier, the same lot had been sold to investors for $895,000.

Heckenberg acknowledges he got a great deal. But he said he is not getting much value from the $205 a month he pays for his mandatory club membership. He said he would like to see the club reopen its restaurant on a regular basis, rather than just for special events.

“I just want them to open the club,” Heckenberg said. “I want to go to dinner there.”

Greene said that, even though the club’s fine-dining restaurant is not always open, residents can enjoy pastas and other fare at the 19th Hole, a casual-dining restaurant and bar. Just last week, he said, he enjoyed dinner there, with a salted-caramel gelato for dessert.

Through the years, he noted, Bella Collina’s club membership has dropped from $600 a month to $205 a month. Quarterly community-association fees run about $600.

Late-fee rate: 18%

Schar, a part-time resident of Palm Beach and part-owner of the NFL’s Redskins, earned his wealth founding and overseeing NVR Inc., one of the country’s largest homebuilders. But when his DCS Capital Investments purchased Bella Collina’s clubhouse, golf course, 50 lots and some adjacent property from Ginn Development in June for $10 million, the West Palm Beach company was buying more than property.

It also acquired an estimated $8 million to $10 million in debts owed to Ginn by Bella Collina’s lot owners and homeowners, including overdue club fees, community-association dues — and the mandatory, $40,000 club-membership deposit required of each owner.

With a late-fee interest rate of 18 percent, the default debt on the deposits has risen quickly

Downtown Orlando Vacant Lot Opportunity

Orlando
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Celebrity Real Estate: Ryan Seacrest sells home for $11M

This week in celebrity real estate, Ryan Seacrest has sold his home after two years on the market and quarterback Matt Hasselbeck has listed his former Seattle-area home.

Ryan Seacrest’s home sells for $11 million

Westside Estate Agency

Only one photo of Ryan Seacrest’s home was released to the public.

After two years on the market and a price cut, Ryan Seacrest’s home has sold. The “American Idol” host (as well as producer, radio and TV personality) first listed the home in 2010 for $14.95 million and then decided to take it off the market for a year.

When he did relist the home, he listed it pretty privately — releasing just one photo of the home publicly. All other interior shots were password protected on the Westside Estate Agency website. That’s one way to weed out the paparazzi.

Seacrest’s home has established its Hollywood pedigree. It was previously owned by Kevin Costner, from whom Seacrest purchased the home for $11.5 million in April 2006. According to the Los Angeles Times, Costner bought the home from Oscar-winning actor Richard Dreyfuss in 1995 for $2.7 million. The Mediterranean mansion has also been featured in Architectural Digest and was decorated by famed designer Jeff Andrews.

The 5-bedroom, 4-bathroom, 8,172-square-foot Hollywood Hills home is certainly up to celebrity standards with a swimming pool, guest house, detached garage, tennis courts, Los Angeles views and extensive landscaping.

Despite the home’s storied past, Seacrest was ready to move on to a pretty spectacular custom home owned by none other than Ellen DeGeneres and listed for a whopping $49 million.

 

Short Sale Tax Break Ending 12/31/2012

BACK IN 2007 CONGRESS INSTITUTED A TAX BREAK FOR THOSE PEOPLE WHO HAD TO SHORT SELL THEIR HOME, A SHORT SALE IS SELLING THE HOME FOR LESS THAN THE MORTGAGE BALANCE, WITH THE LENDER AGREEING TO TAKE THE LOSS) OR A LOAN MODIFICATION. THESE BORROWERS WERE ALLOWED TO EXCLUDE FROM TAXABLE INCOME ANY MORTGAGE DEBT WRITTEN OFF OR “FORGIVEN” BY THE LENDER. YES BELIEVE IT OR NOT WHEN YOU SUCCESSFULLY SHORT SELL YOUR HOME THE LOSS THE BANK TAKES IS CONSIDERED INCOME FOR YOU!

MANY FOLKS HAVE TAKEN ADVANTAGE OF THIS FOR THE PAST 5 YEARS. HERE IS AN EXAMPLE OF A FAMILY WHO SHHORT SELLS THEIR HOME AND THE BANK AGREES TO AN EXCLUSION OF $100,000 ON THE SALE OF THE HOME. THAT TRANSLATES TO APPROXIMATELY $30,000 OF FORGIVEN TAXES.

However, this exclusion expires on 12/31/12 unless Congress extends it. So, if you are thinking about a short sale and don’t want to miss out on this most generous exclusion, you better act FAST.

Short sales take time….lots of time. An average of 3 or 4 months. Start NOW.

CALL OR EMAIL ME TO GET A FREE HOME EVALUATION

Was Your Home Foreclosed? You Could Be Eligible For Monetary Compensation.


Was your home foreclosed on in 2009 or 2010? If so you may be eligible to receive monetary compensation if it is found you suffered financial loss or were the subject of wrongdoing or harm. But hurry the banks have not neccesarily been screaming from the rooftops about this program and you only have until September 30, 2012.

All you need to do to see if you qualify is go to Foreclosure Review and click to see if you qualify.

If one of the following was your lender and you were foreclosed any time in 2009 or 2010 you could qualify for a review.

America’s Servicing Co.
Aurora Loan Services
BAC Home Loans Servicing
Bank of America
Beneficial
Chase
Citibank
CitiFinancial
CitiMortgage
Countrywide
EMC
EverBank/EverHome Mortgage Company
Financial Freedom
GMAC Mortgage
HFC
HSBC
IndyMac Mortgage Services
MetLife Bank
National City Mortgage
PNC Mortgage
Sovereign Bank
SunTrust Mortgage
U.S. Bank
Wachovia
Washington Mutual
Wells Fargo
Wilshire Credit Corporation