Frequently Asked Questions

Frequently Asked Questions
About the Move-Up/Repeat Home Buyer Tax Credit

The Worker, Homeownership, and Business Assistance Act of 2009 has established a tax credit of up to $6,500 for qualified move-up/repeat home buyers (existing home owners) purchasing a principal residence after November 6, 2009 and on or before April 30, 2010 (or purchased by June 30, 2010 with a binding sales contract signed by April 30, 2010).

The following questions and answers provide basic information about the tax credit. If you have more specific questions, we strongly encourage you to consult a qualified tax advisor or legal professional about your unique situation.

Who is eligible to claim the $6,500 tax credit?
Qualified move-up or repeat home buyers purchasing any kind of home are eligible to claim this credit.

What is the definition of a move-up or repeat home buyer?
The law defines a tax credit qualified move-up home buyer (“long-time resident”) as a person who has owned and resided in the same home for at least five consecutive years of the eight years prior to the purchase date. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse. That is, both spouses must qualify as long-time residents, with at least five years of principal residency for each. Repeat home buyers do not have to purchase a home that is more expensive than their previous home to qualify for the tax credit.

How is the amount of the tax credit determined?
The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $6,500. Purchases of homes priced above $800,000 are not eligible for the tax credit.

Are there any income limits for claiming the tax credit?
Yes. The income limit for single taxpayers is $125,000; the limit is $225,000 for married taxpayers filing a joint return. The tax credit amount is reduced for buyers with a modified adjusted gross income (MAGI) above those limits. The phaseout range for the tax credit program is equal to $20,000. That is, the tax credit amount is reduced to zero for taxpayers with MAGI of more than $145,000 (single) or $245,000 (married) and is reduced proportionally for taxpayers with MAGIs between these amounts.

What is “modified adjusted gross income”?
Modified adjusted gross income or MAGI is defined by the IRS. To find it, a taxpayer must first determine “adjusted gross income” or AGI. AGI is total income for a year minus certain deductions (known as “adjustments” or “above-the-line deductions”), but before itemized deductions from Schedule A or personal exemptions are subtracted. On Forms 1040 and 1040A, AGI is the last number on page 1 and the first number on page 2 of the form. For Form 1040-EZ, AGI appears on line 4 (as of 2007). Note that AGI includes all forms of income including wages, salaries, interest income, dividends and capital gains.

To determine modified adjusted gross income (MAGI), add to AGI certain amounts of foreign-earned income. See IRS Form 5405 for more details.

If my modified adjusted gross income (MAGI) is above the limit, do I qualify for any tax credit?
Possibly. It depends on your income. Partial credits of less than $6,500 are available for some taxpayers whose MAGI exceeds the phaseout limits.

Can you give me an example of how the partial tax credit is determined?
Just as an example, assume that a married couple has a modified adjusted gross income of $235,000. The applicable phaseout to qualify for the tax credit is $225,000, and the couple is $10,000 over this amount. Dividing $10,000 by the phaseout range of $20,000 yields 0.5. When you subtract 0.5 from 1.0, the result is 0.5. To determine the amount of the partial first-time home buyer tax credit that is available to this couple, multiply $6,500 by 0.5. The result is $3,250.

Here’s another example: assume that an individual home buyer has a modified adjusted gross income of $138,000. The buyer’s income exceeds $125,000 by $13,000. Dividing $13,000 by the phaseout range of $20,000 yields 0.65. When you subtract 0.65 from 1.0, the result is 0.35. Multiplying $6,500 by 0.35 shows that the buyer is eligible for a partial tax credit of $2,275.

Please remember that these examples are intended to provide a general idea of how the tax credit might be applied in different circumstances. You should always consult your tax advisor for information relating to your specific circumstances.

How is this home buyer tax credit different from the tax credit that Congress enacted in July of 2008? How is this different than the rules established in early 2009?
The previous tax credits applied only to first-time home buyers and were for different amounts of money.

How do I claim the tax credit? Do I need to complete a form or application? Are there documentation requirements?
You claim the tax credit on your federal income tax return. Specifically, home buyers should complete IRS Form 5405 to determine their tax credit amount, and then claim this amount on line 67 of the 1040 income tax form for 2009 returns (line 69 of the 1040 income tax form for 2008 returns). Please note that although the Form is titled “First-Time Homebuyer Credit,” this is the correct form for claiming both the $8,000 first-time homebuyer tax credit and $6,500 repeat buyer tax credit.

No other applications are required, and no pre-approval is necessary. However, you will want to be sure that you qualify for the credit under the income limits and repeat home buyer tests. Note that you cannot claim the credit on Form 5405 for an intended purchase for some future date; it must be a completed purchase. Home buyers must attach a copy of their HUD-1 settlement form (closing statement) to Form 5405 as proof of the completed home purchase. In cases where a HUD-1 form is not used, such as for construction of some new homes, you should attach a copy of the certificate of occupancy in lieu of the HUD-1.

Homebuyers should be sure to read the instructions for the revised IRS Form 5405 to be sure they meet the new program requirements.

What types of homes will qualify for the tax credit?
Any home that will be used as a principal residence will qualify for the credit, provided the home is purchased for a price less than or equal to $800,000. This includes single-family detached homes, attached homes like townhouses and condominiums, manufactured homes (also known as mobile homes) and houseboats. The definition of principal residence is identical to the one used to determine whether you may qualify for the $250,000 / $500,000 capital gain tax exclusion for principal residences.

It is important to note that you cannot purchase a home from, among other family members, your ancestors (parents, grandparents, etc.), your lineal descendants (children, grandchildren, etc.) or your spouse or your spouse’s family members. Please consult with your tax advisor for more information. Also see IRS Form 5405.

I read that the tax credit is “refundable.” What does that mean?
The fact that the credit is refundable means that the home buyer credit can be claimed even if the taxpayer has little or no federal income tax liability to offset. Typically this involves the government sending the taxpayer a check for a portion or even all of the amount of the refundable tax credit.

For example, if a qualified home buyer expected, notwithstanding the tax credit, federal income tax liability of $5,000 and had tax withholding of $4,000 for the year, then without the tax credit the taxpayer would owe the IRS $1,000 on April 15th. Suppose now that the taxpayer qualified for the $6,500 home buyer tax credit. As a result, the taxpayer would receive a check for $5,500 ($6,500 minus the $1,000 owed).

Instead of buying a new home from a home builder, I hired a contractor to construct a home on a lot that I already own. Do I still qualify for the tax credit?
Yes. For the purposes of the home buyer tax credit, a principal residence that is constructed by the home owner is treated by the tax code as having been “purchased” on the date the owner first occupies the house. In this situation, the date of first occupancy must be after November 6, 2009 and on or before April 30, 2010 (or by June 30, 2010, provided a binding sales contract was in force by April 30, 2010).

In contrast, for newly-constructed homes bought from a home builder, eligibility for the tax credit is determined by the settlement date. To provide proof of purchase, homebuyers must attach a copy of the HUD-1 Form or certificate of occupancy to IRS Form 5405.

Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond (MRB) program?
Yes. The tax credit can be combined with an MRB home buyer program.

I am not a U.S. citizen. Can I claim the tax credit?
Perhaps. Anyone who is not a nonresident alien (as defined by the IRS) and who has owned and resided in a principal residence in the United States for at least five consecutive years of the eight years prior to the purchase date can claim the tax credit if they meet the income limits. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse. The IRS provides a definition of “nonresident alien” in IRS Publication 519.

Is a tax credit the same as a tax deduction?
No. A tax credit is a dollar-for-dollar reduction in what the taxpayer owes. That means that a taxpayer who owes $6,500 in income taxes and who receives an $6,500 tax credit would owe nothing to the IRS.

A tax deduction is subtracted from the amount of income that is taxed. Using the same example, assume the taxpayer is in the 15 percent tax bracket and owes $6,500 in income taxes. If the taxpayer receives a $6,500 deduction, the taxpayer’s tax liability would be reduced by $975 (15 percent of $6,500), or lowered from $6,500 to $5,525.

Is there a way for a home buyer to access the money allocable to the credit sooner than waiting to file their 2009 or 2010 tax return?
Yes. Prospective home buyers who believe they qualify for the tax credit are permitted to reduce their income tax withholding. Reducing tax withholding (up to the amount of the credit) will enable the buyer to accumulate cash by raising his/her take home pay. This money can then be applied to the downpayment.

Buyers should adjust the withholding amount on their W-4 via their employer or through their quarterly estimated tax payment. IRS Publication 919 contains rules and guidelines for income tax withholding. Prospective home buyers should note that if income tax withholding is reduced and the tax credit qualified purchase does not occur, then the individual would be liable for repayment to the IRS of income tax and possible interest charges and penalties.

In addition, rule changes made as part of the economic stimulus legislation allow home buyers to claim the tax credit and participate in a program financed by tax-exempt bonds. As a result, some state housing finance agencies have introduced programs that provide short-term second mortgage loans that may be used to fund a downpayment. Prospective home buyers should check with their state housing finance agency to see if such a program is available in their community. To date, 18 state agencies have announced tax credit assistance programs, and more are expected to follow suit. The National Council of State Housing Agencies (NCSHA) has compiled a list of such programs, which can be found here.

HUD allows “monetization” of the tax credit. What does that mean?
It means that HUD will allow buyers using FHA-insured mortgages to apply their anticipated tax credit toward their home purchase immediately rather than waiting until they file their 2009 or 2010 income taxes to receive a refund. These funds may be used for certain downpayment and closing cost expenses.

Under the guidelines announced by HUD, non-profits and FHA-approved lenders are allowed to give home buyers short-term loans. The guidelines also allow government agencies, such as state housing finance agencies, to facilitate home sales by providing longer term loans secured by second mortgages.

Housing finance agencies and other government entities may also issue tax credit loans, which home buyers may use to satisfy the FHA 3.5 percent downpayment requirement.

In addition, approved FHA lenders can purchase a home buyer’s anticipated tax credit to pay closing costs and downpayment costs above the 3.5 percent downpayment that is required for FHA-insured homes.

More information about the guidelines is available on the NAHB web site. Read the HUD mortgagee letter (pdf) and an explanation of the FHA Mortgagee Letter on Tax Credit Monetization (pdf). An FAQ about monetization (pdf) is available at the NAHB web site.

If I’m qualified for the tax credit and buy a home in 2009 (or 2010), can I apply the tax credit against my 2008 (or 2009) tax return?
Yes. The law allows taxpayers to choose (“elect”) to treat qualified home purchases in 2009 (or 2010) as if the purchase occurred on December 31, 2008 (or if in 2010, December 31, 2009). This means that the previous year’s income limit (MAGI) applies and the election accelerates when the credit can be claimed. A benefit of this election is that a home buyer in 2009 or 2010 will know their prior year MAGI with certainty, thereby helping the buyer know whether the income limit will reduce their credit amount.

Taxpayers buying a home who wish to claim it on their prior year tax return, but who have already submitted their tax return to the IRS, may file an amended return claiming the tax credit using Form 1040X. You should consult with a tax professional to determine how to arrange this.

For a home purchase in 2009 or 2010, can I choose whether to treat the purchase as occurring in the prior or present year, depending on in which year my credit amount is the largest?
Yes. If the applicable income phaseout would reduce your home buyer tax credit amount in the present year and a larger credit would be available using the prior year MAGI amounts, then you can choose the year that yields the largest credit amount.

 

How can two unmarried buyers allocate the tax credit if one qualifies for the $8,000 first-time home buyer tax credit and the other qualifies for the $6,500 repeat home buyer credit?
The buyers can allocate the tax credit in any reasonable manner, provided neither claims a tax credit higher than the one they qualify for and the home purchase does not yield a total of more than $8,000 in tax credits. For example, the repeat home buyer could claim $6,500 and the first-time home buyer could claim $1,500. Alternatively, both buyers could claim a $4,000 tax credit.

Does a married couple qualify for any home buyer tax credit in the following situation? Spouse A has lived in and owned the same principal residence for at least five years. Spouse B has lived in and owned the same principal residence for less than five years.
In this situation, the couple does not qualify for any home buyer tax credit. Because the couple is married, the law tests the ownership history of both spouses. Spouse A clearly does not qualify for the $8,000 first-time home buyer tax credit, so neither does Spouse B.

Spouse A does appear to qualify for the $6,500 repeat buyer credit, but because Spouse B has not owned and lived in the same principal residence for at least five years, neither of them can claim the repeat home buyer tax credit.

Does the home buyer have to sell their current home in order to qualify for the $6,500 repeat home buyer tax credit?
A home buyer does not need to sell their current home in order to be eligible for the repeat buyer credit. They can continue to own both homes, and rent or use their former home for something else, as long as it no longer serves as their principal residence. The taxpayer is required to use the new home as their principal residence, and live in it for at least 36 months, or they will have to repay the credit.

18.5 Billion Reasons to Make the Home Buyer Tax Credit Work

As part of the government’s high price-tag efforts to rejuvenate the flailing American economy, on November 6, 2009, President Barack Obama signed into law an expansion and extension of the home buyer tax credit.

With housing at the center of the country’s economic engine, extending the lifeline a little further for a little longer is being hailed as a significant measure by both economists and real estate leaders.

The estimated cost of the home buyer tax credit, part of the Worker, Homeownership, and Business Assistance Act of 2009, is $18.5 billion, yet another mind-boggling sum in a series of stimulus strategies. With that $18.5 billion comes great responsibility for real estate professionals—a responsibility to maximize the opportunity and help get the wheels of the housing market turning again.

“The extension and expansion of the home buyer tax credit was absolutely necessary for the housing market and, most importantly, the U.S. economy,” says Alex Perriello, president and CEO, Realogy Franchise Group. “Clearly, Congress and the Administration recognized that inaction on their part—and thus an expiration of the previous first-time home buyer credit—would have been extremely detrimental. We’re proud of the active role that Realogy management and brokers played in educating key policy makers in Washington about the economic benefits of extending and expanding the home buyer tax credit.”

“The extension of the tax credit—and its expansion to include qualified move-up buyers—offers additional hope for a struggling economy and unlimited opportunity for dedicated brokers and agents,” agrees Steve Brown, special liaison for Large Firm Relations, NAR, and broker/owner of Irongate Realty in Dayton, Ohio.

“Activity inspires people—this tax credit has stimulated the entire economy,” says Tami Bonnell, president of the U.S. Organization for EXIT Realty. “There was a glut of people who stood still, not sure what to do. Finally, especially with the addition of the existing homeowner portion of the credit, people are jumping onboard.”

According to Greg Rand, managing partner of Better Homes and Gardens Rand Realty in Westchester County, New York, the home buyer tax credit helped the real estate industry—nationwide—to a 2009 fourth quarter that marked the biggest increase in home sales in 20 years. “The media is finally beginning to pick up on what’s going on and is finally driving some positive consumer confidence. This is prompting people to start thinking about purchasing a home.”

Absorbing the Details…Quickly
As Margaret Kelly, CEO of RE/MAX International, Inc., explains, “Congress extended the tax credit and amended it to include repeat buyers in hopes of securing a more sustained real estate upswing. However, the narrow window suggests none of us should count on another extension.” With a deadline of April 30, 2010 (closing must occur by June 30), consumers need to act fast in order to capitalize on the expanded and extended credit. In order for consumers to act fast, brokers and agents must serve as a trusted guide.

“First and foremost, we cannot and should not assume that real estate consumers know what we know,” advises Perriello. “As real estate professionals, we are closest to the situation and it is imperative for the industry to aggressively impart our knowledge and promote the key facts about the home buyer tax credit in order to educate potential home buyers about the various details that may specifically apply to their specific situations.”

Here are the main points of the tax credit legislation:

-The Timeline: The credit is available for homes purchased on or after November 7, 2009 and before May 1, 2010. The federal income credit can be claimed on one’s individual or joint tax return for the purchase of any single-family home (newly constructed or resale, single-family detached, townhomes or condominiums) between the dates of November 7, 2009 and April 30, 2010. Home purchases subject to a binding sales contract signed before May 1, 2010 will also qualify for the tax credit as long as closing occurs by June 30, 2010.

-Who’s Eligible: The tax credit is now available for first-time home buyers and eligible current homeowners. A first-time home buyer is defined as an individual who has not owned a principal residence during the three-year period prior to the purchase. This law applies for both parties in a married couple; if you haven’t owned a home for three years, but your husband has, then neither one of you can qualify for the tax credit. A qualified current homeowner who wishes to move to a different home (a “move-up” buyer), must have owned and resided in their residence for five consecutive years out of the last eight.

-Salary Requirements: Under the legislation, the income limits to qualify are the same for both first-time home buyers and current homeowners: Single taxpayers with incomes up to $125,000 and married couples with a joint income up to $225,000 qualify for the full tax credit. According to Goldman Sachs, these income limits make almost all first-time home buyers eligible and approximately 70% of current homeowners eligible. Single taxpayers who earn between $125,000 and $145,000, and married couples who earn between $225,000 and $245,000 are eligible to receive a partial credit.

-Credit Amounts: The maximum credit amount for first-time home buyers is $8,000; the maximum credit amount for current homeowners is $6,500. The federal tax credit amounts to 10% of the cost of the home, up to a maximum credit of $8,000 for first-time home buyers and $6,500 for current homeowners. Under the new legislation, a tax credit may only be issued for homes purchased for $800,000 or less.

-Tax Facts: Provided the home-owner stays in the home for three or more years, the tax credit is a true credit and does not need to be repaid. The tax credit is fully refundable, meaning the credit will be paid out to eligible taxpayers, even if you owe no tax or the credit is more than the tax owed. The credit is claimed using Form 5405, which you file with your original or amended tax return. Buyers can claim the credit on their 2009 taxes, even if the home is purchased in 2010, by filing an amended tax return.

-Fraud Prevention: The current tax credit legislation has built-in fraud measures, therefore, anyone claiming the credit must provide documentation to prove that the sale has closed, such as a copy of their HUD-1 Settlement Statement. The law also prevents anyone younger than 18 from claiming the credit.

Motivating Move-up Buyers
While the extended deadlines and increased salary caps of the tax credit are indeed a boon to first-time home buyers, the expansion of the tax credit to include current homeowners stands to have a significant impact on home sales.

According to Scott McDonald, president of RE/MAX Gateway in Chantilly, Virginia, and a member of the Top 5 in Real Estate Network®, “Over the last year, we have seen few move-up buyers as a result of lost equity, uncertainty of perceived value in the market as a result of foreclosures and short sales, and low consumer confidence. It is a matter of education on the Realtor’s part as well as the media to get the word out to our move-up market.”

“The expanded tax credit means that the gridlock caused by a stagnant ‘move-up’ market could be broken and the field could soon be wide open,” says Sherry Chris, president and CEO of Better Homes and Gardens Real Estate.

Ken Trepeta, director of Real Estate Services for the National Association of Realtors, explains that move-up buyers are eligible for the tax credit as long as the home being sold or vacated was their principal residence for five consecutive years within the last eight. “To elaborate, it must be the same home,” says Trepeta. “It is not enough that they have been homeowners for five consecutive years, they must have been in the same home for five consecutive years.” McDonald and Trepeta underscore the important fact that current homeowners need not sell their existing home in order to take advantage of the credit. They may keep it and rent it for additional profit.

Getting the Word Out
For the tax credit to succeed in buoying the real estate market, it is essential for brokers and agents to aggressively market the benefits—and the deadlines—of the legislation to consumers.

At Better Homes and Gardens Rand Realty, Managing Partner Joe Rand, an attorney, has developed a home buyer tax credit website­—www.homebuyertaxcredit.com—and a “Home Buyer Tax Credit Eligibility Test” that will let buyers know if they qualify. If they do, the program will provide an instant option to download the proper tax documents.

To get the word out about the website, the Rands are budgeting $100,000 of the firm’s marketing budget to broadcast media—specifically radio. “We’ve seen a lot of general interest in buying a home,” says Greg Rand. “Right now, if people aren’t aware or clear on the tax credit, they’ll seek out a source that explains it quickly—that, in turn, might just make our company a bit stickier.” Educating consumers on the tax credit is compulsory and many real estate experts are leading that charge.

“The bottom line for all consumers is ‘how does this impact me?’” says Bonnell. “We’re trying to help them answer that and we’re getting excellent results. I put on webinars to the general public—buyers, sellers, investors, etc.—twice on the second Tuesday of every month. On it, we go over the changes since the new adjustment. They can submit questions during the webinars and we typically answer them right there.”

Misunderstanding or confusion over the details of the tax credit can prevent many consumers from pursuing a home purchase. As Perriello says, “As professionals, it is our obligation to make sure we properly communicate the new tax credit details because an educated consumer is an empowered consumer.”

Great Expectations
Industry leaders have high hopes for the extended and expanded tax credit, believing it may be just what the housing market needs to make its way out of the trough in 2010. But time is of the essence—and that’s all part of the plan.

“It is important that there is a clear time limit for the tax credit because the purpose of this economic stimulus is to jump-start momentum in the housing market and the economy,” says Perriello. “The expanded home buyer tax credit is intended to provide an incentive for a broader pool of home buyers to make a home purchasing decision in the early part of the year. Otherwise, lacking the urgency of such a deadline, more potential buyers might stay on the sidelines.”

“We expect the tax credit to continue to encourage home buyers to enter the housing market through the extension dates, then the typical spring market should take hold and the housing industry will help carry us further out of the recession if conditions remain stable,” says McDonald.

“The extended and expanded home buyer tax credit should help increase demand, stimulate home sales and, ultimately, reduce inventory levels,” adds Perriello. “In turn, this should help stabilize home sales prices. Those are all necessary steps that need to occur before we can have a sustainable long-term recovery in the market.”

A wise word from Brian Brady:

Mortgage rates have been steadily climbing, from a low of 4.5% around November 27, 2009 to above 5% on December 22, 2009.  For the past two months I’ve been warning that this will eventually happen. It’s not because the economy is recovering; it isn’t recovering.  The reason mortgage rates will rise to 6% or above, sooner rather than later is because that is the “natural” market.

About a year ago, The Federal Reserve announced a $1.25 Trillion mortgage rates subsidy,by purchasing mortgage-backed securities in the open market, through March, 2010.  Right before that subsidy was announced, mortgage rates were at or above 6%.  The subsidy was referred to as Bernanke’s “nuclear option” meaning he was using an extraordinary monetary stimulus to keep mortgage rates artificially low.

One year and 12 months into the 15-month game, we’re at $1.07 Trillion spent on this open market MBS purchase progran.  This means that the Fed still has about $150 Billion to spend in three months, so mortgage rates should stay around 5%, right?  After all, the Fed only spent $80 billion/month and they have at least 2 months of money left.

Markets are discounting mechanisms meaning that traders anticipate how potent the Fed can be.  The Fed’s just about out of bullets and MBS traders know it.  Let me try to give you an example of what the Fed did by recanting the explanation I gave, to a Del Mar REALTOR, on the beach this summer.

I had my daughter (Maggie) get me ten cups of water from the ocean.  Then I drew six lines in the sand, equidistant from each other, and labeled them 6% (on the right) through 4.5% (on the left). I had Maggie stand at 6% and explained that this represented Dec, 2008 mortgage rates.  I announced that my intention was to throw water at her until she moved to the left, away from 6% and towards 4.5%.  I grabbed two cups and threw one at her, then at the line marked 5.5%; Maggie quickly darted to the left. 

Then, I threw a cup at her every time she inched to the right.  I explained that Maggie was acting EXACTLY like the MBS traders, naturally gravitating towards the “natural” market.  Each time I chucked a cup full of”stimulus”, Maggie moved back under 5% and closer to 4.5%.  Once, she got real daring (like the MBS market this past summer) and I threw three cups at her.

At the beginning of December, The Fed had two cups of water.  Now, they only have 1.5 cups of stimulus left. 

Maggie, knowing that I only had 1-2 cups left, knew she could afford to get a bit wet in her dart towards 6%.  She faked me by jumping like Rickey Henderson dances off first base; I threw a half cup of water at her.  Then, she defiantly and purposefully walked towards 6%, knowing full well that I would throw my last cup of water at her.

Maggie knew she might get a bit wet but that I was utterly and completely out of water.  She got sprinkled but was safely standing at 6% and I was as bone dry as the Sonoran desert in July.

That’s what I think is happening today.  The MBS traders are purposefully selling mortgage-backed securities, knowing that the Fed will buy every last bond they offer until they are “bone dry”.  Everybody is running towards the finish line (6%) now and they don’t care how wet they get along the way.

Mortgage rates are headed to 6% and it probably won’t take until March, 2010 for them to get there.

Check out the story below from RIS Media- The leader in real estate information systems.

RISMEDIA, December 28, 2009—(MCT)—November 2009 was a positive month for the real estate industry as home sales surged in a majority of markets across the country. Spurred by low prices and the extended and expanded home buyer tax credit, home sales were up in Las Vegas, Nevada; Ohio, the Midwest; and upstate New York, according to reports late last week. While other reports point to sales being down in California, home prices nationally were up—causing for a wave of optimism to be felt throughout the industry.

Here’s a look at some of the markets across the country that received positive news in the housing sector for the month of November 2009:

Las Vegas, Nevada

By Hubble Smith

Spurred by low prices and the extension of the federal tax credit, existing home sales in Las Vegas increased 50.8% to 3,952 in November 2009, Las Vegas-based SalesTraq recently reported. The surge ended a seven-month streak of sales topping 4,000, but still shows strong demand for home purchases heading into the traditionally slow holiday period.

The median resale price of $125,000 is down 27.5% from the same month a year ago. However, it’s a $2,000 bump from the previous month. The new-home segment continues to struggle, though November’s 598 escrow closings were the highest monthly total for the year, a decrease of just 1.3% from a year ago. Median price tumbled 19.4% to $198,466, the first time it’s been below $200,000 since 2002.

Locally, the avalanche of foreclosures predicted for Las Vegas has failed to materialize. November’s 1,477 foreclosures represent a 27% decrease from a year ago, the fifth month of the year with declining year-over-year numbers. “In our view, Las Vegas may be entering a new real estate era,” consultant Steve Bottfeld of Marketing Solutions said. “Whether you call it the end of the beginning or the beginning of the end, there is no question that the residential market is in a transition from what it was to what it will become.”

Housing analyst Dennis Smith of Home Builders Research counted 604 new home sales and 3,696 existing home sales in November, a 6.1% decrease and 46.8% increase, respectively, from the same month a year ago. “Bottom line is this indicates a very flat recovery,” Smith said.

Ohio

By Jim Weiker

During November 2009, 1,839 homes were sold in the Columbus, Ohio area, nearly 60% more than in the same month last year and the highest November sales in four years, the Columbus Board of Realtors reported.

Jill Rudler, who runs the Rudler Professional Group, part of Real Living HER and other real estate experts attribute the boom to the federal tax break for first-time buyers who were racing to complete deals before the original Nov. 30, 2009 expiration date. The National Association of Realtors estimated that about 2 million homebuyers have taken advantage of the credit and predicts that an additional 2.4 million will use it by the middle of next year. First-time buyers made up about half of all transactions last month.

The abundance of new homebuyers also accounts for November’s average sales price of $145,589 in central Ohio, up slightly from a year ago, but well below the $179,000 peak of 2006, during the height of the housing boom.

Statewide, sales rose 31% compared with those of last November, with Columbus leading the way. Among large markets, Cincinnati and Dayton also posted better-than-average gains.

Midwest

By Courtney Hudson

Home sales in the Midwest jumped 58% in November 2009, the strongest showing of any region, as first-time buyers rushed to claim a temporary federal tax credit.

“I think it’s going to be a very good year this next year,” said Sedalia, Missouri real estate agent Mark Pohl. While the Sedalia area has been in a downhill market for about three years, Pohl believes that the area hit rock bottom in March 2009. Since March, there has been a slow increase in the number of homes sold in the area. “I think it’s progressively gotten better,” Pohl said.

The National Association of Realtors recently reported that there were 106,000 completed sales in the 11-state Midwest region and the median home price was flat at $140,800.

The tax credit deadline drove sales across most of the Midwest. “It got everybody moving,” said Don Godwin, owner of the Re/Max Real Estate Group in Des Moines. “First-time home buyers have probably been most of my business,” Pohl said.

California

By Kevin Smith

Home prices rose in Los Angeles County and California last month but sales were off from October 2009, the California Association of Realtors (CAR) recently reported.

The county’s median home price hit $359,670 in November 2009, a 3.9% gain from the previous month and up 0.1% from a year earlier. Home sales in the county showed a 10.8% decline compared with October but were up 7.2% from November 2008, according to CAR figures.

“The decline in activity is normal,” said David Baldridge, a Realtor with First Team Real Estate, Inc. in Whitier. “You don’t see nearly as many buyers in November as you would in August or September, but prices are still going up.”

“The extension and expansion of the tax credit until April 30, 2010, along with low interest rates, should continue to positively impact the market in coming months,” said CAR President Steve Goddard.

Several area cities posted big year-over-year price gains. La Mirada’s median price rose 14.3% in November to $400,000 compared with $350,000 a year earlier. Other notable gains included Diamond Bar (13.9%), Alhambra (12.6%), La Crescenta (12.3%) and Monterey Park (10.9%).

On the other hand, many communities saw their median home prices fall, including San Gabriel (-13.4%), Baldwin Park (-9.7%), El Monte (-6.1%) and La Verne (-8.9%).

Albany, New York

By Chris Churchill

The federal tax credit for first-time buyers sparked a rush to buy homes in November 2009, boosting property sales across the Capital Region. The numbers led some observers to proclaim that the region’s housing market is now headed for full recovery. But the November surge was apparently fueled by the tax credit’s anticipated expiration date, leading to worries that the boost won’t last.

The one-month numbers from the Greater Capital Association of Realtors are certainly impressive: In the Capital Region’s four core counties, the number of closed single-family home sales jumped 46% from the same month a year ago. They were even up significantly compared to sales from 2007.

“It’s been a tough year, but I’ve seen a resurgence,” said Miguel Berger, president of TechValley Homes Real Estate. “I think we hit bottom in the summer, and now it’s on the way up.”

Yet home prices are down in much of the region, despite the uptick in activity. And not everyone is sure the sales surge will continue. James Ader, chief executive of the Realtors’ association, warned that December home sales might slump, because so many buyers rushed to complete sales in November.

But there are reasons to believe the real estate economy may avoid a crash. First, Congress has extended the $8,000 tax credit until June, 2010, and even expanded it with a new tax credit of up to $6,500 for buyers who already own homes. Also, the overall economy seems to be improving, which could make potential buyers more confident about a purchase. Home prices are relatively affordable, when compared to recent years. And mortgage interest rates remain very low.

November 2009 was a positive month for the real estate industry as home sales surged in a majority of markets across the country. Spurred by low prices and the extended and expanded home buyer tax credit, home sales were up in Las Vegas, Nevada; Ohio, the Midwest; and upstate New York, according to reports late last week. While other reports point to sales being down in California, home prices nationally were up—causing for a wave of optimism to be felt throughout the industry.

Here’s a look at some of the markets across the country that received positive news in the housing sector for the month of November 2009:

Read more: http://rismedia.com/2009-12-27/home-sales-surge-in-markets-across-the-country/#ixzz0bCojuMQV

A new home for you in 2010!

Sure you can lose weight, get in shape, launch a business or find a new job.

 But haven’t you also procrastinated long enough about buying a home?

Look to low mortgage interest rates, bargain home prices and other favorable market conditions to give you the resolve to consider home sweet home in your list of must-dos next year.

• Join the nearly 18 percent of Americans who say they’ve resolved to become a first-time homebuyer in 2010, according to a new Move.com survey. That’s both a smart move and a timely one. Mortgage rates are at record lows, prices are down and the $8,000 first-time home buyer tax  credit has been extended until April 30, 2010. It’s also been expanded to include a $6,500 tax credit to move-up buyers.

• More than 15 percent of those who responded to the survey said saving money to purchase a new home is their top real estate resolution for the New Year. Resolve with them to learn the best way to budget, plan ahead and save money, and buy your dream home.

• The Move.com survey also found 9.1 percent most wanted to fix their credit so they can buy a home next year. To get started all you need to do is take a look at your next credit card statement for a toll free number directing you to counseling help. That’s part of the new, but little-known mandated disclosure provisions in the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

• Nearly 16 percent are wisely considering buying an investment property as their top resolution. The couldn’t have picked a better time in the last half decade. Another Move.com survey recently found more than 12 percent of homebuyers today plan to purchase a home as an investment, compared to less than half, only 5.6 percent, just seven months ago, thanks to more attractive investment conditions.

NOW is the time!  Whether it’s a new home, upgraded home, or an investment property, the tools are at your disposal to make a great 2010 home buying experience. Call us today! 316-993-5088.

New RESPA rules

January 1, 2010, the new and improved Real Estate Settlement Procedures Act of 1974 (RESPA) will be fully en force. Considering this is the first sweeping change in the home buying process since 1974, it is worthy of our full attention. The new RESPA means more than new forms-it means major changes in the way real estate closings happen.

The key motive of RESPA’s new rules is to make sure consumers understand loan costs and binding parameters before singing the closing statements.

With mountains of paperwork at the closing table, there is little chance that borrowers are going to spend the many hours necessary to wade through the documents. What’s more, borrowers, especially would-be first-time homeowners, may be intimidated by the process and miss the opportunity to seek competing settlement services that could save them money.

As a real estate broker, here’s what you need to know: the new rules may impact your ability to refer business to title companies, inspectors and others you typically work with as part of the sales process. RESPA wants to make it easier for borrowers to shop for the lowest-cost, most convenient closing services by mandating borrowers receive a written list of settlement service providers. That comprehensive list includes closers, appraisers, real estate brokers, title examiners, attorneys, underwriters, pest inspectors, mortgage insurers, loan processors and other settlement service providers.

Since borrowers will receive a laundry list of competing settlement service providers, they may be inclined to shop around for the best price, even if it only means saving a couple of hundred dollars.

This is the crux of the matter as it relates to real estate practices and comes in the wake of industry abuses. Some in the real estate industry have received kickbacks for referring consumers to mortgage brokers, appraisers and other professionals along the road to homeownership. In some cases, those referrals may not have been in the best interest of the homeowner based on price or serviced provided. In other cases, the real estate agency owned the title firm or the appraisal firm at non-competitive prices.

As we move into 2010, be aware of how you might violate RESPA to avoid any issues. The chief concern is giving the appearance of kickbacks, whether in the form of money, ownership interest, marketing help or other arrangements. There is a fine line between collaboration and violation of RESPA and it can be a complicated issue.

The good news is, HUD announced that that it will be lenient in the first 120 days of enforcement of the new RESPA regulations going into effect January 1, 2010 so long as good faith efforts are made to comply. Still, in order to avoid any confusion, you should consult with an attorney about full compliance with the rules.

Real Estate Goes Techie

30 years ago real estate agents could have only dreamed of all the fun gadgets today’s agents have at their fingertips! First it was cell phones and pagers. Then simply the Internet. Now it’s Facebook, Twitter, Word press, all available on your cell phone! Here at The Roy Group we are moving into the information age. We are going to start utilizing all of these tools to give our buyers and sellers the most information possible! You can follow us on Twitter at :

http://twitter.com/RoyRealEstate

Or search The Roy Group on Facebook.