Sunday, September 7, 2008

Feds Foreclose On Fannie, Freddie

Preamble: Any professional in any walk of business life who persisted on insisting or who collaborated with those insisting on persisting that the housing crisis would not affect the general economy? Eat your words -- in whole chunks and without seasoning. Housing has impacted the economy so much, the Feds took over Fannie Mae and Freddie Mac on Sunday. The good news is, by Monday, the take over was already showing a positive impact on the market.

by Broderick Perkins
© 2008 DeadlineNews.Com

Unauthorized use of this story is a copyright violation -- a federal crime.


Deadline Newsroom - Preamble: Any professional in any walk of business life who persisted on insisting or who collaborated with those insisting on persisting that the housing crisis would not affect the general economy? Eat your words -- in whole chunks and without seasoning.

And take some of the responsibility for abject denial that has effectively exacerbated and extended this housing crisis. That includes both journalists and publications that succumbed to real estate industry pressure to shut up and NOT do your job.
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DeadlineNews.Com has long stated that the housing market is a cornerstone of the national economy. We've approached our coverage with that stake in mind. With the housing market goes the economy, like it or not.

No matter how grim and ugly the housing market -- and with the worst housing market since the Great Depression, it's pretty grim -- no matter how much reporting the "doom and gloom" may indeed impact a buyer's decisions to buy -- or not -- or a seller's decision to sell -- or not -- not recording history or reporting only through rose-colored glasses just isn't an option.

And anyone who used the threat of withdrawing ad support to bully pulpit censoring the news? Ask yourself. Have you in any way assisted your clients, the housing market, or the economy?

We think not.

As John McIlwain, senior resident fellow of Housing at the Urban Land Institute, writes in "Crossing the Rubicon," "We aren't in Kansas, anymore..."

To prevent unprecedented harm to the mortgage market and its impact on the nation's economy, the federal government had to step in on a Sunday (Sept. 7) take control of Fannie Mae and Freddie Mac, agreeing to pump billions into the two financially flailing mortgage giants.
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"Fannie Mae and Freddie Mac are so large and so interwoven in our financial system that a failure of either of them would cause great turmoil in our financial markets here at home and around the globe," said Treasury Secretary Henry Paulson in a statement on federal actions to save the two secondary mortgage market operations.

"A failure would affect the ability of Americans to get home loans, auto loans and other consumer credit and business finance."

The take overs are designed to stabilize the home loan market and make mortgages cheaper and easier to get. That could yank the reins on the downhill run of home prices.

A day after the take overs, Eric Nelson, broker/owner of the Honte Group in Campbell, CA said the move was already impacting the market.

"The significance of this occurrence is an instant shot of stability to the mortgage market, and in turn, lower interest rates," he said reporting 30-year fixed interest rates available 5.875 percent with zero points on a $417,000 home loan. The rate 5.625% with 1 point for loan amounts to $417,000.

Thursday before the Feds took control of Freddie Mac and Fannie Mae, Freddie Mac reported the average 30-year fixed-rate mortgage was 6.35 percent with an average 0.7 point for the week ending in Sept. 4.

Nelson also said even larger ($417,000 - $729,500) fixed rate mortgages where cheaper than smaller mortgages were last week, coming in at 6.125 percent with no..

Five-year fixed rate loans were as cheap as 5.15 percent with one point. All the lower rates assumed the borrower's credit score was 720 or higher, he or she had a 20 percent equity stake in the home after financing and his or her income can be verified, Nelson said.

"What a wild morning! Bonds were up by over 125 basis points and interest rates are lower by 0.25 across the board on loan amounts of $729,750 or less," said Honte Group partner/owner and mortgage planner Rob McCarthy.

But there's also concern government intervention could change the mission of the two mortgage giants after a short-lived calm.

"While the short-term impact of the Treasury’s actions over the weekend served to calm the markets and restore confidence, in the longer term these entities need to be able to fulfill their historic mission," said California Association of Realtors' Executive Vice President Joel Singer.

"A privatized Fannie and Freddie will short-circuit the countercyclical role the GSEs (government sponsored enterprises) have played during precarious times in real estate markets," Singer added. "Without an institutionalized mortgage-backed securities market, mortgage capital will be less predictable and more expensive, and adjustable-rate mortgages could become the standard loan for home buyers, as could higher down payment requirements."

Fannie Mae and Freddie Mac are charged with the critical mission of providing stability and liquidity to the housing market. They buy mortgages from lenders and hold them in their portfolios or repackage them as mortgage-backed securities that are traded on Wall Street.

The strategy exponentially increases the mortgage making capacity of major lenders. The added supply of mortgage money helps lower interest rates. Lower interest rates and the supply of money to lend helps boost the housing market.

But Fannie and Freddie, so called "government sponsored enterprises (GSEs)," also guarantee all the loans that they sell to investors. When a homeowner defaults on a mortgage, Fannie and Freddie must make good on the loan. Right now, the two GSEs have $5.4 trillion in guaranteed mortgage-backed securities and debt outstanding -- an amount equal to the nation's publicly held debt. Is that NOT a housing market-economy connection?

Homeowners are defaulting on mortgages and facing foreclosures at record rates and that's been forcing Fannie and Freddie to make good on investor guarantees. By July this year, the two posted combined losses of $11 billion. Investors shy from losses. If the GSEs can't raise money through investments, they can't buy additional loans and that puts their survival and investments at risk.

In the most far-reaching federal effort yet to stem the credit chaos spawned by the nation's housing hangover, control of Freddie Mae and Fannie Mac has been turned over to a new regulator, the Federal Housing Finance Agency (FHFA), spawned by the "Housing and Economic Recovery Act of 2008's" statutory merger of the Federal Housing Finance Board (FHFB) and the Office of Federal Housing Enterprise Oversight.

Detailed provisions of the take over are available in the "Statement by Secretary Henry M. Paulson, Jr. on Treasury and Federal Housing Finance Agency Action to Protect Financial Markets and Taxpayers." Scroll to the bottom of the page for those details.

© 2008 DeadlineNews.Com

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Broderick Perkins, an award-winning consumer journalist of 30 years, is publisher and executive editor of San Jose, CA-based DeadlineNews Group -- DeadlineNews.Com, a real estate news and consulting service and Web site and the new Deadline Newsroom, DeadlineNews.Com's news back shop. In both cases, it's where all the news really hits home.


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Should You House Sporting, Special Event Fans?

Home owners who want to cash in on deep-pocket, short term renters in town for a big event enter a gray area of housing that's not without risks for both guests and property owners.

by Broderick Perkins
© 2008 DeadlineNews.Com

Unauthorized use of this story is a copyright violation -- a federal crime

.

Deadline Newsroom - When the Superbowl, U.S. Open, World Series, Olympics, and other major sporting and entertainment events come to town, the community cashes in on an influx of visitors dining, shopping, and looking for shelter.

However, property owners who rent primary residences on a short-term basis enter a gray area of housing that's not without its risks for both guests and property owners.

Property managers recently pitched Pebble Beach, CA home owners the idea of renting their homes when the U.S. Open next visits the Monterey County area -- two years from now. The early pitch came because the potential windfall for renting out homes in the affluent California seaside community could be staggering -- as much as $10,000 a week for a home that's a short drive to the golf course to a whopping $100,000 a week for a posh home with a fairway view, according to property managers with past experience.

The two year advance notice is just about long enough to sort through what the windfall could really cost.

Generally if you rent out your home for 14 days or less you don't have to report the income.

"You get tax free income," said Leonard Williams a CPA in Sunnyvale, CA.

However, you'll likely need to consult with a tax professional if you plan to rent your home for 15 days or more because, while you can deduct rental expenses and depreciation for the part of the year the property was used or held for rental purposes, you also have to report the rental income. A major income boost could thrust you into a higher tax bracket, trigger the Alternative Minimum Tax and pile on other tax issues, says San Diego, CA CPA Leonard Wright.

Williams said renting out your home for 15 days or more will also cut into your capital gains tax exclusion, if only slightly, depending upon how long you rent your home.

Under current law, married homeowners can exclude from taxation, up to $500,000 in gains from a home sale, provided the property was the primary residence for two out of the previous five years. The maximum exclusion for a single person is $250,000.

Vacation and rental property owners, right now, can legally double dip the exclusion by first selling their primary residence and capturing the tax-free gain. Then, after moving into the second residence for two years to qualify it as their primary residence, they are able to cash in again on the tax-free gain after selling the second home.

However, to foot the bill for the "Housing and Economic Recovery Act of 2008" the act eliminates the capital gains exclusion for the portion of gain that comes while a home serves as a vacation or rental property. The provision is effective Jan. 1, 2009.

Renting out your home for a month or two could mean a relative insignificant nip into the exclusion, but there are other concerns. Unless your property becomes a long term rental, or there is a large short-term windfall, the tax issue is probably the least of your worries.

• Your homeowners insurance policy is underwritten with risk analysis based on the owner, you, occupying the home, not tenants. Effectively turning your home into a business property will likely require some adjustment to your insurance policy which may not otherwise provide benefits for claims arising from certain liabilities or losses. If a short-term tenant damages your property, steals belongings or is injured and you don't have the proper coverage you'll have to foot the bill or, worse, face the possibility of a negligence lawsuit. Always contact your insurance agent before renting your home.

Zoning could pose a problem. A growing number of communities have an outright ban on short-term rentals, others require that you obtain a license and pay a tax for the privilege. Violate the provisions of local law and you could be fined.

• Likewise, homeowner associations that permit long term rentals may forbid short term tenants and enforce the prohibition with hefty fines, even evictions. Check with your homeowner association's board of directors or management company.

• Local occupancy ordinances may also permit only a limited number of people in a given structure and typically forbid setting up beds in garages, sheds or other facilities not legally designated for human habitation. Check the laws in your community.

• Check federal and local fair housing laws. Fair housing laws forbid you from discriminating based on sex, race, religion and other factors. You are generally exempt from the law if you own the home you rent, but not if you have several other homes. You are also exempt from federal fair housing laws if you rent a room in your home. And you are exempt from federal law if you rent to a minor, but that could open another can of worms. However, don't overlook state and local level fair housing laws. In Palm Beach County, FL for instance, if you use a "broker" (property manager) to rent your personal residence, you must comply with their fair housing law.

• You'll need time to screen renters. You can't rely upon gut feelings. There are few if any consumer and property owner protections in place that specifically cover renting out your home short-term for a local event. You'll either have to hire a property manger or learn the screening process, which could mean many pointed questions, a full application for short term rentals, a credit check, income check, proof of residence check, past rental record check and more checks before you get that fat short term rental check.

• Add real estate attorney to your list of consultants. The American Bar Association says if you open your home to short-term rentals you should do so with a legal contract that defines the terms of your accommodations. An attorney can help you sort through your legal rights and responsibilities and make sure your rental agreement complies with local law.

Free Shelter From The Storm Not Free Of Risks

© 2008 DeadlineNews.Com

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Get news that really hits home for your Web site or blog from DeadlineNews.Com.

Broderick Perkins, an award-winning consumer journalist of 30 years, is publisher and executive editor of San Jose, CA-based DeadlineNews Group -- DeadlineNews.Com, a real estate news and consulting service and Web site and the new Deadline Newsroom, DeadlineNews.Com's news back shop. In both cases, it's where all the news really hits home.


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