For First Time Home Buyers

First Time Home Buyer Guide

Following is the information I found posted at IRS.gov.  As you can see in certain cases Military Buyers may still be able to get the tax credit.

First-Time Homebuyer Credit: Members of the Military and Certain Other Federal Employees

The Worker, Homeownership and Business Assistance Act of 2009, which was signed into law on Nov. 6, 2009, extends and expands the first-time homebuyer credit allowed by previous Acts. The new law:

  • Extends deadlines for purchasing and closing on a home.
  • Authorizes the credit for long-time homeowners buying a replacement principal residence.
  • Raises the income limitations for homeowners claiming the credit.

Under the new law, an eligible taxpayer must buy, or enter into a binding contract to buy, a principal residence on or before April 30, 2010 and close on the home by June 30, 2010. For qualifying purchases in 2010, taxpayers have the option of claiming the credit on either their 2009 or 2010 return.

For the first time, long-time homeowners who buy a replacement principal residence may also claim a homebuyer credit of up to $6,500 (up to $3,250 for a married individual filing separately). They must have lived  in the same principal residence for any five-consecutive year period during the eight-year period that ended on the date the replacement home is purchased.

People with higher incomes can now qualify for the credit. The new law raises the income limits for homes purchased after Nov. 6, 2009. The credit phases out for individual taxpayers with modified adjusted gross income (MAGI) between $125,000 and $145,000 or between $225,000 and $245,000 for joint filers. The existing MAGI phase-outs of $75,000 to $95,000 or $150,000 to $170,000 for joint filers still apply to purchases on or before Nov. 6, 2009.

Several new restrictions apply to homes purchased after Nov. 6, 2009.

  • Purchasers must attach a properly executed settlement statement to their return.
  • No credit is available if the purchase price of the home exceeds $800,000.
  • The purchaser must be at least 18 years old on the date of purchase. For a married couple, only one spouse must meet this age requirement.
  • A dependent is not eligible for the credit.
  • The new law gives the IRS broader authority to deny first-time homebuyer credit claims, without having to first audit a taxpayer’s return. Known as math error authority, this authority applies, retroactively, to credits claimed on original and amended 2008 returns, as well as to claims yet to be filed.

Additionally, there are new benefits for members of the military and certain other federal employees:

  • Members of the military and certain other federal employees serving outside the U.S. have an extra year to buy a principal residence in the U.S. and qualify for the credit. Thus, an eligible taxpayer must buy, or enter into a binding contract to buy, a principal residence on or before April 30, 2011. If a binding contract is entered into by that date, the taxpayer has until June 30, 2011, to close on the purchase. Members of the uniformed services, members of the Foreign Service and employees of the intelligence community are eligible for this special rule. It applies to any individual (and, if married, the individual’s spouse) who serves on qualified official extended duty service outside of the United States for at least 90 days during the period beginning after Dec. 31, 2008, and ending before May 1, 2010.
  • In many cases, the credit repayment (recapture) requirement is waived for members of the uniformed services, members of the Foreign Service and employees of the intelligence community. This relief applies where a home is sold or stops being the taxpayer’s principal residence after Dec. 31, 2008, in connection with government orders received by the individual (or the individual’s spouse) for qualified official extended duty service. The credit is still allowable even if this happens during the year of purchase. Qualified official extended duty is any period of extended duty while serving at a place of duty at least 50 miles away from the taxpayer’s principal residence (whether inside or outside the U.S.) or while residing under government orders in government quarters. Extended duty is defined as any period of duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.
  • Joel Garcia
    Joel Garcia

    The following was sent to me by Brandon Fischer of VA Benefit Blog .com

    Choosing the Right Home Loan Program

    The average price of a home in Oklahoma ranges from $150,000 to $200,000 and varies in type from highly urban to rural, and for those seeking to purchase a home in Oklahoma there are a variety of government lending options available. The most popular government lending programs include the FHA, VA, and USDA loan programs and all three offer flexible loan terms and eligibility requirements with each program offering their own unique set of advantages and disadvantages.

    The VA Home Loan

    The VA home loan has helped over 18 million active duty and veteran service members achieve homeownership. Because the VA home loan program is partially backed by the Department of Veteran Affairs, the VA home loan program is able to offer flexible and competitive loan terms to eligible veterans and active duty service members regardless of credit history. Other benefits of the VA loan program include:

    • No down payment required
    • Mortgage insurance not required
    • flexible debt-to-income ratios

    In order to apply for a VA home loan, potential borrowers should meet one of the following initial requirements:

    • Have served 181 days on active duty or 3 months during war time
    • Or have served 6 years in the National Guard or Reserves
    • Or be the spouse of a service member killed in action
    • Have a Certificate of Eligibility

    The FHA Loan

    For first time homebuyers in Oklahoma, the FHA home loan program is available, and additionally contains multiple financing options for borrowers in different phases of the homeownership process. Borrowers can buy their first home, renovate a fixer-upper, or update their current home to meet energy efficient standards with an FHA home loan, and can even purchase manufactured housing or a mobile home. In addition to multiple financing options, FHA loans offer benefits such as:

    • 3.5% down payment
    • low closing costs
    • down payments can be made in the form of a gift

    To be eligible for an FHA loan, potential borrowers should meet most of the following:

    • two years of consistent employment and steady or increasing income
    • a minimum credit score of 620
    • a clean credit history after filing for foreclosure or bankruptcy

    The USDA Loan

    For homebuyers more interested in the rural real estate areas of Oklahoma, the USDA loan home loan  is generally the most beneficial. The USDA’s Department of Rural Development offers two types of home loans to potential borrowers:  a Guaranteed Housing Loan and the Direct Housing loan for lower income households, and both are designed to optimize rural living. USDA home loan benefits include:

    • Zero down payment required
    • No loan limit
    • No mortgage insurance required

    In order to be considered eligible for a USDA home loan, potential borrowers should meet the following requirements:

    • have a consistent income
    • be a U.S citizen
    • have an income that is within the median household income for the area

    The VA, FHA, and USDA home loan programs do have flexible eligibility requirements, however most approved lenders will usually require a credit score of at least 620 to secure financing. Those with an imperfect credit history who are interested in a home loan are still encouraged to apply as each program has approved even those with a history of bankruptcy and foreclosure in the past.

    Joel Garcia
    Joel Garcia

    Well Intentioned new HUD rules went in to effect January 1, 2010. The intention was to provide a new standardized GFE that would empower the buyer and make it easier for the buyer to shop for a loan.

    To some extent I think that they have accomplished their goal with one huge problem.

    The problem now is that with the new rules the lenders have become much less free with the GFE.

    We are now getting estimates with all kinds of names except for GFE.

    I will write more on this as the industry sorts it out. Until then you will find below some info.

    Sample of the new GFE

    http://www.hud.gov/content/releases/goodfaithestimate.pdf

    Explanation of the new GFE

    http://www.hud.gov/offices/hsg/ramh/res/resparulefaqs.pdf

    Joel Garcia
    Joel Garcia

    To Qualify you:

    Must be in a binding contract to purchase a house prior to April 30, 2010 and settle on the purchase prior to June 30, 2010.

    The Maximum Amount of the Credit is:

    $8,000.00 for first time home buyers.

    $6,500.00 for the “long time resident” credit. (To qualify this way, a buyer must have owned and used the same home as a principal or primary residence for at least five consecutive years of the eight-year period ending on the date of purchase of a new home as a primary residence)

    You may claim an eligible 2010 credit on your 2009 or 2010 taxes.

    To qualify for the full tax credit your income(MAGI) must be less than:

    $125,000.00 if you are filing single.

    $225,000.00 if you are filing jointly.

    You cannot get the credit if:

    You are a dependent.

    You are buying a home  with a purchase price of more than $800,000.00.

    You are under the age of 18 on the date of the purchase.

    You are buying a home that is not going to be your primary residence.

     

    Some Useful Resources:

    http://www.irs.gov/newsroom/article/0,,id=215791,00.html

    http://www.realtor.org/home_buyers_and_sellers/2009_first_time_home_buyer_tax_credit

    http://www.nahb.org/generic.aspx?genericContentID=128298

    http://www.federalhousingtaxcredit.com/

    Joel Garcia
    Joel Garcia

    Joel Garcia
    Joel Garcia

    New Down Payment Assistance money should be available at the end of this month.  It seems that there are two components of the new issue.  One will be the normal issue which gives first time home buyers the down payment needed with an FHA Loan.  The other will be for first time home buyers too, but will be an advance of the Tax Credit.

    Much like the Cash for Clunkers program this money will go fast.  Once the money is gone this program will no longer be available until the next issue which will probably be next year.  First time home buyers that qualify may receive both the Down Payment Assistance and the $8,000.00 Tax Credit

    If you are looking for the deal of the century then the time to buy would be between 8/25/2009 and the time the bond money runs out which will be about 30 days later(based on the time it took the last issue to be used up).  In order to reserve this money you must be in a contract to purchase on a specific property, which means if you are looking to take advantage of the double benefit then you should contact a Realtor and begin looking at houses immediately.

     

    According to OHFA:

    Projected opening of 08/25/09 at 10:00 am.  $32.8 million bond
           issue with 6.10% interest rate. 1st Gold and OHFA Shield/4Teachers funds with
           3.5% DPA or Oklahoma Tax Advance Credit funds will be available.

    Joel Garcia
    Joel Garcia

     

      Home Buyers’

     

    Class

     

    $8,000.00 Tax Credit

    How To Get Qualified

    Loan Programs

    Do You Qualify For an FHA Loan

    Down Payment Assistance

    Understanding Closing Costs

    Interest Rate Locks

    How Does Your FICO Affect You

    Why You Should Love UFMIP

    Understanding Your GFE

    Full/Cash Value Home Insurance

    Should You Have A Home Inspection

           Meeting Wednesday, July 1st, 2009 at 7:30-8:30 PM

    1706 NW 16th St

     Questions and Answers After

    Joel Garcia
    Joel Garcia

    That is the name that many in the industry have given to the new Home Valuation Code of Conduct (HVCC) that went into effect May 1, 2009.  The intention of HVCC  was to increase the independence of the appraisal process.  It was meant to free appraisers from pressures to increase appraisals at the behest of Mortgage Brokers and Real Estate Agents.

    The code of conduct is the result of a legal settlement with the attorney general of New York. It is applied nationwide. And it should be considered a case study in the value of the legislative process: If the HVCC had been a bill introduced into Congress, it would have never passed without having undergone drastic changes. But it wasn’t a bill and it isn’t a law; it’s a legal settlement by one state’s attorney general, imposed on all 50 states.

    As often is the case with government intervention we get not the intended goal but instead a lot of messy side effects.  So far this what I have observed as unintended effects:

    1)  Appraisals now take much longer resulting in the need for longer rate locks which results in the consumer ultimately paying a higher rates.

    2) Out of fear of compliance many banks have outsourced hiring appraisers to third party companies who charge more and pay appraisers less.  So the amount spent by the consumer has increased while the amount of money given to the appraiser is reduced while companies who only job is government compliance has increased.  Also, the third party companies looking to make the most profit often hire appraisers that are unfamiliar with the area of the property resulting in bad appraisals.

    These are two of the effects noticed so far.  As the industry adjusts to HVCC I will keep you updated.

    Joel Garcia
    Joel Garcia

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