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Issuing Conditional Commitments once Appropriated Funds are Exhausted

Back in business with the USDA Funding. I never even had a chance to write about it, but for weeks there were fears that “the USDA was running out of money.” Most my motivated clients were sure to close before funding would have been exhausted. But today, Rural Development’s National Office in Washington D.C. sent this announcement.

The Single Family Housing Guaranteed Loan Program (SFHGLP) will issue Conditional Commitments once currently appropriated funds for FY 2010 are exhausted.  Conditional Commitments will be issued “subject to the availability of funds and Congressional authority to charge a 3.5 percent guarantee fee for purchase loans and a 2.25 percent guarantee fee for refinance loans.”  Please see the attached document for further details.

Questions regarding this notice may be directed to any representative of the SFHGLP or your State SFHGLP Coordinator.

If you would like to read the full press release it can be seen here.

Stop the Presses – Pretty sure I was probably the first blogger to write about the USDA being funded for the buying and selling Summer season of 2010. Well that comes at a cost – I have to update this post. Today, May 12, 2010, USDA Rural Development sent this out:

The purpose of this notice is to recall and void the guidance that was released on May 11, 2010, regarding Fiscal Year 2010 Appropriated Funds – Issuing Conditional Commitments once appropriated funds are exhausted.   The guidance provided in the notice will be revised and released within the next 24 to 48 hours.  We apologize for any inconvenience this may cause, and reiterate that the guidance provided on May 11, 2010 is hereby void.

We appreciate your continued participation in the Single Family Housing Guaranteed Loan Program.  If there are questions regarding this notice please contact our office at 202-720-1452.

I am not going to worry about this too much. The endgame is still going to be funding will take place and the USDA program still going to be one of the best loan programs available. I may or may not discuss this again, if you want to know where things are at when you are ready to buy – pick up the phone and call me.

So if you are considering to purchase a home, and believe you may meet the USDA financing eligibility guidelines, you should contact me so I can out you in touch with a great mortgage broker that has experience getting these deals done, then let me help you find your next home for you and your family.

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Also referred to as the Homeowners $6500 Tax Credit follows all the same income and qualifying date requirements as the FTHB tax credit. This credit is intended to be used for new buyers in the market that have owned and resided in the same home for at least five consecutive years of the eight years prior to the purchase date. If it is a married couple, both spouses must qualify as long-time residents, with at least five years of principal residency for each.

Repeat or Move-up buyers do not have to purchase a home that is more expensive than their previous home to qualify for the tax credit. So I am not really sure how it ever got the “Move-Up Buyer” name.

I believe this Repeat Buyer Credit was created for 2 primary reason:

1. Those that suffered a foreclosure or short sale 2-3 years ago, and have now been able to rebuild their credit score to be able to acquire a mortgage once again.
2. For those that were unable to sell a home when the market was really depressed and have now been able to because of the increased traffic from buyers, and lenders lending.

I really like #2 — But, it sure would have been nice for Sellers to have had this all last year, OR for myself as a real estate agent would be nice if it was lasting longer so more owners would list Spring of 2010, but the extension really is not long enough for a homeowner to expect to just now hit the market, go under contract and find a new home without having the contingency of needing to sell their existing home all before June 30th of 2010 — That is far too many balls in the air.

It is also my belief this Homeowners Tax Credit will be where most of the new fraudulent claims will occur, or the inquiries of how to get around the requirements. I predict a lot of cases where both buyers may not legitimately eligible whether it be from Divorce, Separations, Brand New Relationships and so on…

My Commentary

In closing, overall the tax credit extension is exactly what I was looking for, a short extension to get us through the slower selling season of Winter. Keeping the money moving and flowing through the banks, mortgage companies, title companies, REALTORS, appraisers, home inspectors and Buyers and Sellers. Because if money is not at work and sitting stagnant a true recovery cannot happen.

I am a firm believer that getting unemployment and under-employment in check is key for a long lasting recovery, but I would much rather the US Government issue tax credits for those who deserve them rather than more bank and automobile manufacturers bailouts. Don’t get me wrong, it makes me sick to hear about those that received a FTHB Tax Credit under false pretenses and committed fraud with my tax payer money, but as a real estate agent that is honest and performs his job with integrity,  I can sleep comfortably knowing I was not part of or had any of my clients abuse and take advantage of the $7500 or $8000 tax credit.

Have a comment leave it below; Need help buying, selling or investing in real estate? Have a question or need some special advice? Contact me here.

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There is really not a whole lot more that needs to be said that my other article here has not covered. Other than the dates, some changes to the income limits and the addition of the move-up buyer tax credit the 2010 credit is same. There is one advantage to those closing after November 7, 2009 that they would not have had prior — that is the Modified Adjusted Gross Income for qualifying person(s) being raised.

The 2010 First Time Home Buyers Tax Credit states:

• $125,000 for Individuals (Before November 7, 2009 $75,000)
• $225,000 for Married Taxpayers Filing a Joint Return (Before November 7, 2009 $150,000)

The Tax Credit Continues

The eligibility is contiguous – Unlike the previous tax credits where there was a brief period when no credit was available (December of 2008) this one just replaces, and truly extends the tax credit to home buyers. The only difference to first timers are the income limits, so there is no fear of not being eligible. Even if you were/are over the income limits a credit may be available to you, you should advise with your tax preparer, or the IRS for details.

v2.0 of the $8,000 Tax Credit has really made one thing perfectly clear to home buyers and real estate agents. Yet I am sure there will be those that say they still didn’t know when the time has expired.

You must have the home you are going to purchase under contract by April 30, 2010.

OK folks lets go over this, because I still meet agents all the time who do not know the difference. They will call and say…

Did you get my contract?

and I always respond with..

No, but I got your offer!

An enforceable Texas real estate sales contract includes:

1. Competent Buyer and the Seller
2. In writing – All essential terms expressed. Until signed by both sides everything is negotiable. Once it is signed nothing is negotiable unless it is broken and new consideration is needed to modify the contract.
3. Description (Legal Description, Address, Tax ID)
4. Meeting of the Minds – Valid offer and an acceptance of the terms by the seller (ie. Details in the contract who is paying for what, when the purchase will close.
5. Consideration – Both parties required to do something  previously not required to do (ie. Seller made repair, Buyer agrees to purchase for a certain price)
6. Legal Purpose – The Seller Agrees convey a clear title by way of deed for the purposes the buyer is purchasing (ie As a Single Family Residence)
7. Signatures from Both Parties

Notice I did not mention a REALTOR on that contract, a real estate agent is not part of a contract. That last page is a ratification article which is used during the closing of escrow.  The 2010 Tax Credit stresses that a binding sales contract must be signed by April 30th, and the closing happen by June 30, 2010.

• This does not mean an offer is submitted but not yet accepted.
• This does not mean you have a contract but still waiting to do inspections.
• This does not mean you have gotten the inspection report back and want to lower the price of the house due to repairs you want done, and not required by your lender.
• This does not mean you now need the Seller to pay some of your closing cost or else you cannot close. (unbinding and amending the contract)

What the government is trying to curtail I am sure is the same thing I discussed here, if you happen to fall in love with a short sale listing it can take as little as 45 days to an unknown amount of time. It happens — this past summer I had one take over 6 months!

These are all things I have seen come up, or received calls from non-clients wanting my advice. There are plenty more I am sure — But what I am wanting to stress — everything needs to be done, all contingencies removed except for financing, and even that I would hope if you expect to close early May should have a loan commitment issued, not just a GFE. If your a buyer that plans on taking advantage of what is almost certain to be the last First Time Home Buyer Tax Credit hopefully ever I would encourage to get out and start looking at homes and eliminate everything on the market you are certain does not fit your interest. What’s left make an offer on — if there is nothing — then at least you are ready to see fresh listings as soon as they come on the market.

A few more things to point out about the First Timers Credit that I see searched for here:

• Short-sales — You you can purchase a short sale and still receive the $8000 Tax Credit
• No you can not and should not receive a $16,000 Tax Credit – The $8000 is for Individuals and Married Couples – Stop trying to scam the government.
• Monetizing the $8,000 -  Yes you can still monetize, or use the tax credit for a down payment by approved housing agencies as discussed here.
• You have to live in the home the next 3 years as a primary residence — You will need to pay back a tax credit, due to having to move before owning and living in for 3 years. If you got a tax credit  and you shouldn’t have. Follow these instructions for Form 5405 for repayment and use  this form from the IRS.
• How long does it take to get my tax credit — Most of my clients have gotten their returns in 6-8 weeks. I have heard of others take more than 12 — the difference may have been because I advised my clients to send in the HUD-1 Closing statement with their tax credit claim.
• No you cannot buy Great Grandmas’ house and claim a tax credit — You cannot purchase a home from other family members, your ancestors (parents, grandparents, aunts, uncles, etc.) Your descendants (children, grandchildren, etc.) or your spouse or your spouse’s family members.
• My wife owned a house with her ex-husband 2 years ago — No you are not eligible married couples are not eligible to claim the first-time home buyer tax credit if either spouse has previously owned a home. You may, however, qualify for the repeat home buyer tax credit.
• Home purchases in 2010 may be claimed on an amended 2009 income tax return.
• Homes priced above $800,000 are not eligible for either the first-time home buyer tax credit or the repeat home buyer tax credit.
• Persons who are claimed as dependents by a taxpayer or who are under age 18 do not qualify for a tax credit.

This will wrap it up — As always if there is anything I can help you, your friends or family with real estate related please contact me. Check out my commentary on the tax credit here, and if you are looking for information regarding the Move-Up or Repeat Buyers $6500 Tax Credit you can find it here.

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The #2 and #3 most visited pages here at My Denton County Real Estate are the articles I have written that have made me the authoritative REALTOR© in North Texas for USDA Rural Development Loans and the Texas Veterans Land Board. Driven by Google searches as seen here and here I felt the need to reassure visitors in 2010 interested in either of these loan programs the information written here is still valid and up-to-date.

USDA Rural Development – Texas Guaranteed Housing Loan Program

Although it has been over a year since writing the first article on the USDA Rural Development Loan Program that has driven over 5,000 visitors to this site from all over the state of Texas — updates were made to these post as changes happened.

• USDA Rural Development – Texas Guaranteed Housing Loan Program
• Updated Restrictions and Income Limits for USDA Rural Development Home Financing
• USDA Home Loans are the Real Deal for Denton County

By following those articles any eligible future homeowners interested in real estate using the loan program should have the tools in place to proceed, and as always if there are any questions, or concerns you can always call me direct and ask anything.

Changes Coming in 2010 to USDA Rural Development

By March or April changes will be happening with the loan programs offered by USDA. These will primarily pertain to removing eligible areas most notably large portions of Tarrant County and Collin County. Areas such as Saginaw and small cities or towns adjacent to Ft. Worth will no longer be considered eligible areas. Denton County will fortunately have the least amount of changes that are in my serving area, Corinth real estate will be removed most likely, but Little Elm homes will remain eligible for most of 2010. Needless to say, I will still bring all the newest revisions and updates to home buyers as they happen.

Have I mentioned recently I believe Little Elm is the hottest little market in North Texas, with plenty of good HUD Foreclosures to choose from, affordable pricing and a lot of newer construction?

Texas Veterans Land Board (TVLB)

TexVet loans should remain a very solid and feasible option for qualifying Veterans in Texas throughout 2010. I still have the same issue I had in 2009 in my real estate business; Veterans from all over the country visit this site, but yet I still have only had a few that were clients whom I helped buy a new home. I think (and hope) this is because so many are planning for the future and just not ready to pull the trigger yet on buying a house in Texas. Whether it be from still being in active duty, or selling their home in another state I am confident I am the knowledgeable real estate agent to put them in touch with the right mortgage broker, and understand the process that is involved when using those Veteran benefits.

These are the articles Veterans should check out:

• Buying a Home with the Texas Veterans Land Board Program (TVLB)
• Texas Veterans Land Board – Strong in Service, Support, and Cooperation

In April there will be another round of foreclosure sales offered by the TVLB and just as I did last year I will post the information on how to locate those properties. I should also mention I have a network of real estate agents and mortgage professionals experienced with Texas Veterans Land Board who can assist vets all over the state acqiring land or homes either in a traditional sale or foreclosures. Just let me know if I can help.

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Service Members Home Ownership Tax Act of 2009

Two of the hottest topics here at My Denton County Real Estate in the past 6 months has been the discussion of the $8000 First Time Homebuyer Tax Credit and the Texas Veterans Land Board.  Now a a new bill unanimously passing the House of Representatives, and soon to be up for a vote on the Senate floor allows me to right a new post directly marrying the two together.

Bill H.R. 3590 will extend the $8,000 FTHB Tax Credit until November 30, 2010 for members of the uniformed services, the Foreign Service, and employees of the intelligence community on official extended duty. Those meeting the underlying requirements for the credit must also have been serving overseas or have spent at least 90 days deployed outside of the country during the current calendar year.

It is expected that about 350,000 military personnel and an unknown number of federal employees may be affected once this is passed into law. This is one I feel everyone can get behind — There seems to be a lot of talk from political pundits, the news media, and even a lot of REALTORS® that believe the tax credit is just “giving money away” or “creating debt for our children and grandchildren.” I am not sure any of them realize that in order for our economy to have gotten any better money needed to be moving and changing hands.

My opinion on that is — a incentive for would be homeowners is much better than more bail-out money thrown to banks and insurance companies.

This has happen during the Summer of 2009 and the tax credit is a big part of that, this is  evident when looking at the house inventory here in Denton County Texas in the first time buyers price range — it is very thin!

As I have said in previous articles, I am not in favor of an expansion of the tax credit, and only a short term extension, I believe till April or May of 2010 is adequate to solidify the industry a bit more. This is why I did not sign the generic form letter petition offered to real estate agents who are part of the National Association of REALTORS. It was asking for too much, and for too long, I think it was just going to keep the lobbyist hobnobbing petitioning the elected officials working more than it could keep me working.

I digressed — Regardless of what happens with tax credit being extended or expanded for everyone else; I am glad, and hopeful to help more Veterans take advantage of this incentive who may be returning home, or making  Texas their new home.

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I use Google Maps a lot being a real estate agent in Denton County, so I have noticed this for quite a while — Has the Google Car gotten lost trying to find Highland Village, TX?

You all know what I mean don’t you? It is the vehicle used by Google since 2007 to capture the street view images we can find by zooming all the way in on an address using Google Maps. These views are available when you see Pegman, you can then pick him up and drag him to do different locations or areas within a map. This is a great tool to get a basic lay of the land when searching for real estate, or amenities available around an area or house you may be interested buying.

But as I have said, I wonder if the car got lost when in this area of Denton County. Highland Village, Texas is a 5.4 square mile area surrounded by Lake Lewisville, the City of Lewisville, The Town of Flower Mound, and the more rural areas of Double Oak and Copper Canyon. Other than the latter the Google car has made the rounds all throughout the streets of Lewisville, and Flower Mound that I have seen.

Hey Google! You can get some great pictures of some beautiful houses in Highland Shores, and the great outdoor shopping at The Shops of Highland Village here…

There of course is much more here — the shores of Lewisville Lake, and some great NON-HOA subdivisions where the homeowners take care of their properties voluntarily. Not to mention exemplary schools, a new mixed-use area called The District that is currently under-construction, and a future light rail station that will run from the city of Denton down to Carrollton that will eventually connect to downtown Dallas.

I just find it odd that the Google car missed this community when it is literally on-top of the other cities that have been covered. There of course is a very good chance the the pictures have been taken and just not put online yet. Regardless, I just hope my yard was cut and manicured when they were, and if they have yet to be taken I guess that is even more reason to make sure it stays that way. Even if I am lucky enough to live in one of those subs that does not have a home owners association that can fine me for having blades of grass longer than 2 inches.

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While making the rounds to other real estate agents blogs, as I often do to keep up on the market in other parts of the country, I found this hilarious and sadly very true video created by Kris Berg from The San Diego Real Estate Blog. This is evidence the shows whether it be in San Diego, California or here in Denton County Texas buying a bank owned property or REO it is just as frustrating.

Kris really shows the comical side of a real estate transaction that many first time home buyers, and even move-up buyers trying to take advantage of great value and bargains in the market today that is saturated with short-sale and foreclosure properties. Sad thing is, stories like this, and the frustration experienced by buyers agents and buyers alike will continue for years to come unless there is some reform with how banks manage these properties. For the record, I have a short sale I have been waiting on for 5 months now, after it closes I will be sharing that story here.

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This is a question I get far too often, and I should have addressed here publicly long ago. I make no bones about it I concentrate on the buying and selling real estate in Denton County. Concentrating on Highland Village, Lewisville, Corinth, Little Elm, and all points in between within Denton County. I even work on the fringes of Grapevine and Saginaw which are in Tarrant County Texas. I believe this best allows me to provide superior service to those I represent.

But, far too often I get emails or phone calls from those who are in need of assistance with some of the loan programs, or services I discuss here. So this is an announcement saying Yes I can help you…

• Buy real estate in Collin County
• Sell your home in Plano, Texas
• Buy a property in Fort Worth, Texas
• List your home in Tarrant County
• Buy vacant land anywhere in the state of Texas
• Real Estate services all over the country

I do this by referring out your information, always with your permission, to agents I personally know or pick who are like-minded as myself, or have shown experience with the services that are in need. I have REALTORS I work closely with in Allen, TX, and McKinney, TX and South and West Ft. Worth — I have agents that are sharp and knowledgeable in San Antonio, and Austin that I refer Texas Veteran Land Board referrals to. I have referred USDA Loan Program clients to the Houston, TX area, after they could not find anyone on their own that knew anything about USDA. For relocations I network with agents all over the country including Phoenix, Silicon Valley, Atlanta, Indianapolis, and Albuquerque and if I do not know an agent in the city you need help in I can find a better agent than likely you would find by just google’ing an area.

By contacting me and allowing me to refer an agent to you I can also make a little money. I also make sure I earn this referral fee from the other agent. I don’t just hand-off the information and hope for the best and wait for a check. I will keep in touch with you and the other agent making sure they are doing what I expected, and making sure you are happy with the service you are receiving. I typically only charge these other agents 20% – 30% of the commission they are already earning, no extra charge to you. Real estate agents gladly pay this to me because by getting the referral you can become a client, more than a lead — and one they may not have gotten without networking with me.

So you see, as a buyer or seller you have nothing to lose. and if your an agent that would like to be included on my referral list contact me and let me know. As always if you or anyone you know is interested in buying or selling real estate in Flower Mound, Lantanna, or anywhere in Denton County Texas I would appreciate the opportunity meet those needs.

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I have always been an advocate for the No Registration Required mantra here at My Denton County Real Estate. It’s been obvious I encourage visitors here to search for homes at their leisure, and to have unlimited access to the information available with the MLS/IDX search much like this point of view.

But now it is time for a change. If you would like to see the new guidelines and skip all my commentary you can go here.

There has always been lot of talk and debate about real estate websites that offer this tool for searching real estate and even more lately can be seen here and over here.

Typically Registration for Access falls into one of these 4 categories:

1. The Iron Curtain – Contact Information Required for ANY property information
2. The Peep Show – Limited property information without Registration. Such as excluding addresses, or descriptions and remarks (you get to see a little but not all the goods)
3. The Strip Tease – A set number of unlimited property views before registration is required. In other words giving you a taste of how easy and fun it is searching for a new home, and then springing registration on you to continue to keep that high.
4. The Mother Teresa – Unlimited Information Provided to anyone who wants it. There to help prospective buyers and hope to work with them when they are ready to buy.

I just made up these titles to try and bring some humor to this, and are not yet copyrighted real estate terms.

My intentions have always been to present a no hassle service in hopes that the guest will appreciate my articles and my confidence that I can provide the absolute best service when purchasing or selling a properties and then allowing me to represent them. Of course this happens, but not as often as I feel it should.

I have 2 real life examples why I am making this change, all of the banter on this subject in the blogosphere is not solely the reason, but it has enticed me.

1. On two separate occasions in the past month or so I have had “Prospects” visit the site, voluntarily register, and disclose they are working with another agent, and provide that Realtors names. This really doesn’t bother me as much as when one of those “prospects” emailed me some lending questions. Of course I welcome all question anytime, from anyone — actually the past 2 weeks I have been receiving a lot of phone calls and emails from new homeowners who have FTHB Tax Credit questions, not represented by me obviously, because my clients knew before they bought. Anyway, I then asked them why they were using my site to search for a home, and asking me lending questions if they already had an agent and did not intend to use me when purchasing. She replied with…

Our agent told us to use your site because her MLS search tool was not as good as yours

I was dumbfounded, I appreciate being recognized but good grief. I had never even heard of their agent. You see with my MLS package every page view over 10,000 I have to pay additionally by page, so it would be nice that I actually bring some money in for what I have going out. So I then asked why aren’t you asking your agent your lending questions? Her reply…

Well…we don’t feel she is as up on the FHA mortgage we are getting as you.

Again – Great to be recognized — also nice to get paid.

So, just to reiterate, their agent does not spend the money to provide a upgraded MLS search wizard for her clients nor do they have the confidence in their real estate agent to negotiate a successful deal using FHA financing while rolling in closing cost. I mean don’t get me wrong, I answered all the questions and remained very cordial, as I said this happen all the time. My issue is I believe it is very rude and tactless for a agent to take advantage of knowing I did not require contact information, and had the professionalism not try to snipe her client. (Make her my client)

2. This one has always happened, happens to everyone, and I am sure I have even been on the beneficiary side before, although not by failing to ask the question “Are you currently working with a REALTOR?” Visitors search for properties, take down the address, do a drive-by on the house, and then call the name and number on the sign. Totally forgetting that my service and efforts are what directed them to the house. Then that listing agent — if they are one that answers their phone — are able to meet with – form a face to face relationship, or even over the phone and in essence got a client that I sent them. I realize this is part of the business, but to try to avoid this happening more than it should I can take the measures of getting that appointment to show the homes in which they are interested.

Almost 1 year ago, I wrote here when I upgraded the MLS/IDX Search and said…

If I require a visitor to my site to give me a phone number or email address, just to find my site useful, am I really trusting in myself to believe my site important? I have had a successful career so far with my logic, so I am not prepared to change that just yet.

All I can really say is the business has changed, the buyers have changed, and I believe I have had too many missed opportunities by being so laid back. So I must change with it or else Nice Guys Finish Last. I still believe this site is important, it accounts for 90% of my business. I also know the visitors here who I have turned into clients by helping them buy or sell a house feel the same way. I could have simply just made the change and not even made light of this, but it’s just not the way I am wired. It goes without saying I can switch back to a No Registration Required site at anytime, but I suspect that will not be necessary. I have not reached this decision easily, and it has taken me way too long to even write this post to where I feel good about publishing it. I just hope it is understood and appreciated of the level of service, and the value I can bring to a real estate transaction.

Unless you are a fellow Realtor, You most likely have arrived at My Denton County Real Estate because you were searching for information on a search engine and this site ranked high with pertinent information that you were looking for, or you have been advised or referred to visit from someone you know. With that in mind, please take the time to provide me a way to follow-up with you when using this site to search for homes for sale.

Benefits and Policy

By Registering with your Name, Phone Number and email address you will be able to:

• See addresses of the properties that come up on your search
• Additional remarks or extended descriptions made by the listing agent
• All Available pictures
• Search Saver which enables you to save and manage your searches and receive email notifications whenever new listings match.
• Save Favorites allows you to Save and Manage listings to your Favorites folder. Add properties to your Favorites wherever you see the Favorites folder icon. At anytime email your Favorites to your agent, a co-buyer or a friend.

I will then follow-up with you and make sure you are finding the properties you wanted to find, and see if I can assist in anyway, and hopefully set up an appointment to view properties.

I will still maintain my no pressure approach, users of the search will still not be added to newsletters, email campaigns, or persistant phone calls. So if this sounds good to you, jump in and search for some real estate, or if you prefer you can just fill out this form and I will set the search up for you and have properties sent directly to your email.

It is also worth mentioning with the MLS Search Tool I have here you can:

• Search by MLS Number
• Search by Address
• Search by Subdivision
• Search by County
• Search by School district
• Search by Map with a Area

So if you decide to go elsewhere, you may not find all those same options.

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