How homeowners can avoid mortgage relief scams

Homeowners who are facing financial difficulty are often targeted by mortgage relief scams. These scams can be very convincing, and homeowners may be desperate for help, making them vulnerable to these schemes.

Scammers often pose as government officials or mortgage experts, and they may promise homeowners that they can help them avoid foreclosure or modify their mortgage loan. However, these promises are often false, and homeowners who fall victim to these scams may lose their homes and their money.

If you are facing financial difficulty and you are considering a mortgage relief program, it is important to do your research and be very careful. Here are some tips to help you avoid becoming a victim of a mortgage relief scam:

• Only work with a HUD-approved housing counselor. You can find a housing counselor by calling 1-888-995-HOPE (4673).
• Be wary of anyone who promises to help you avoid foreclosure or modify your mortgage loan for a fee. It is illegal for anyone other than a licensed attorney to charge a homeowner a pre-paid fee to negotiate a mortgage modification on the homeowner’s behalf.
• Read all paperwork carefully before signing anything. Do not sign anything that you do not understand.
• Do not be pressured into making a decision quickly. Take your time and do your research before making any decisions about your mortgage.

The warning signs for fraudulent mortgage rescue schemes:

• You are charged an upfront fee for assistance in avoiding foreclosure or modifying your mortgage loan.
• You are asked to transfer the deed to your home. It is very unlikely you will ever get the deed back, regardless of what you are told.
• The individual or company "helping" you asks you to make future mortgage payments directly to them, instead of paying your mortgage company directly. This is a common tactic used by scammers to take your money and run.
• You are asked not to contact your current mortgage company. This is another common tactic used by scammers to prevent you from getting help from a legitimate source.
• The scammer refuses to provide you with a written plan or contract, or alternatively pressures you to quickly sign documents you do not understand. This is a red flag that the scammer is not interested in helping you, but rather is trying to take advantage of you.

Review this HUD guide for homeowners having difficulty making mortgage payments. This guide provides information on your rights and options if you are facing foreclosure.

If you think you may have been a victim of a mortgage relief scam, you should contact your state attorney general’s office or the Federal Trade Commission (FTC). You can also file a complaint with the FTC online at ftc.gov/complaint.

It is important to be aware of the red flags for fraudulent mortgage rescue schemes. If you are contacted by someone who claims to be able to help you avoid foreclosure or modify your mortgage loan, be sure to do your research and ask questions before you hand over any money.

How to Buy and Sell a Home at the Same Time (Without Losing Your Mind)

Buying or selling a home is a big adventure; some thrill seekers may choose to take on both tasks at the same time. If you’re finding yourself in the position of needing to buy and sell at the same time, here are some tips to help you navigate the possibly challenging course ahead of you.

Evaluate Your Local Market

For most buyers and sellers, selling their current home before putting an offer on another property is their best real estate option. But for others, it really depends on the local real estate market. If you’re thinking of selling and buying at the same time, research the market in your target area. This can help you gauge whether it’s a buyer or seller market. If many properties are available, it might be a good time to list. If inventory is low, you may need to wait until the market picks up again.

The general rule of thumb is to sell first in a buyer’s market and buy first in a seller’s market; but this isn’t always the case since every experience is unique. You can really get an understanding of what might work best for you by talking to your trusted real estate agent; they will know the market and will be able to provide insight into current trends.

Understand Your Finances

When it comes to buying or selling a house, finances are a huge part of both transactions. Whether you are looking to sell or looking to buy, knowing your current financial situation is vital to your next steps.

If you have a mortgage loan, you will absolutely want to know how much equity you have in your home. The equity that has built up could be enough for a down payment on another home. It’s important to remember, though, that any equity is only accessible after closing unless you use a home equity line of credit (HELOC) or a second mortgage to cash out.

If you currently own, consider having an inspection done to understand what repairs or work may need to be done to the property to help you understand how much you may need to deduct from the possible sale price or any concessions you may need to make for a future buyer.

Utilize A Contingency

Ideally, you would sell your home on the same day as buying a new one. Since this is not the case for most buyers/sellers, adding a contingency into the contract can be helpful. In a real estate transaction, a contingency refers to a provision for a possible event or circumstance when it comes to the financial ability to close a purchase sale.

If you want to buy before selling, make an offer contingent on the sale of your home, which means you will buy the new home once your current residence sells. You can also request an extended closing (if you are certain your home will sell), which extends your closing past the typical standard of 30-45 days.

If you want to sell before buying, you can make an offer with a settlement contingency. This contingency works when you have an offer on your home, and you want to buy another which means you will buy the home contingent on the sale of your existing home.

If you happen to sell and haven’t made an offer on another home, you may be able to negotiate a rent-back, which means you go through with the sale of your home, but you rent the home back from the new owners for a specific time (anywhere from 60-90 days), giving you time to find a new home or make other living arrangements.

In low inventory markets, sellers are reluctant to accept contingencies because there are more buyers than properties for sale. Competing in this kind of market, some buyers resist adding a contingency on the sale of a home.

Buying and selling are big events – if you are unsure of where to start or if you should do both at the same time, it is best to ask for help. Ensure your finances are up-to-date and have a reasonable idea of what you can get for your home. If you must search for another home while selling, have a backup plan if you can’t find another home in time. Your real estate professional can provide insight into the market and what other buyers and sellers have encountered.

Discover the benefits of an FHA Assumption

With new mortgage rates approaching 8%, many buyers have decided to wait for rates to come down. While there may be some easing in the fourth quarter of 2023 and 2024, assuming an existing FHA mortgage with a lower rate made in the last three or four years might be a much better alternative.

Since December 1, 1986, FHA has had the right to approve the purchaser of an existing FHA loan. Prior to that, anyone, regardless of credit worthiness or other qualifications, could assume an existing FHA loan.

Existing FHA mortgages are assumable at the current interest rate for owner-occupied buyers. The benefit is that the rate could be much lower than a new current mortgage. The borrower must qualify for the loan under current FHA underwriting guidelines, but it will be easier because the payment will be lower due to a lower assumable mortgage rate.

The buyer’s closing costs on an assumption are less than a new FHA loan because an appraisal and survey are not required. The transfer fee is $500 instead of the 1% loan origination on a new loan.

An existing mortgage is further into the amortization schedule than originating a new loan which means there is more being applied to the principal each month accelerating the payoff. Another benefit is that lower interest rate loans amortize quicker than higher interest rates loans.

It will generally take a larger initial cash investment on an assumption to buy the equity than buyers were planning to use as a down payment. Secondary financing can be used for the difference which is referred to as the assumption gap. Purchase Price less Existing Balance on Mortgage = Equity less Planned Down Payment = Assumption Gap.

The difficulty is that lending institutions are slow to add second mortgages to their offerings. Another reality is that lenders make much more money on a new loan than an assumption. Alternative sources for the second loan could be the seller, relatives, credit unions, local banks, and hard money lenders.

Conventional loans have had a "due on sale" clause in their loan documents since the early 1980s which not only require the borrower to qualify for the assumption but allows them to escalate the interest rate to the current rate. For practical reasons, there is no benefit to assuming a conventional loan; the borrower might as well get a new conventional mortgage.

Buyers who assume an FHA mortgage without obtaining lender approval risk triggering the due-on-sale clause.

Lenders must grant a release of liability to the original borrower (seller) if the assumptor (buyer) is approved and agrees to execute a statement to assume and pay the mortgage debt.

The practical difficulty in finding assumable FHA loans is that there is no searchable field in most MLS databases and anything identifying it as an assumable mortgage is limited to the description or the agent comments.

Another issue is that many agents have never done an assumption and, in some cases, are not even aware that FHA mortgages are assumable at the original mortgage rate. An experienced agent can show you the savings on an assumption compared to a new mortgage at current interest rates and knows how to locate assumable loans.

If you’re interested in learning more about it, find an agent familiar with FHA, VA, & USDA assumptions. Each type of mortgage has slightly different requirements, but each is assumable.

Discover how to go from stress to success with your home move

Navigating a real estate transaction, which often involves substantial financial investments and emotional considerations, can understandably induce stress. To streamline this process, adopt these effective strategies that promote a smoother journey.

Begin by clearly outlining your primary motivations for either buying or selling a property. By eliminating distractions and maintaining a focused perspective, you can mitigate potential anxieties. For instance, if your primary goal is to secure more space for your family, evaluating properties without this essential feature becomes a straightforward decision.

Whenever feasible, allocate ample time to prevent hasty decisions or setting unrealistic deadlines. While external factors like a sudden job relocation or a booming market might necessitate swift responses, it’s crucial to differentiate between preparedness for action and arbitrarily shortened time frames.

Remember, orchestrating a successful transaction requires coordination with other involved parties such as title and mortgage companies, appraisers, surveyors, inspectors and possibly, attorneys. The ability to expedite your actions doesn’t necessarily imply that others can adhere to such accelerated timelines.

Anticipate encountering a few unexpected things during your home buying or selling journey. Recognizing the potential for sudden surprises can alleviate some of the pressure when they arise. When challenges do surface, counterbalance these concerns by reminding yourself of the favorable aspects associated with relocating, such as a home more conducive to your current lifestyle, a more convenient location, or other opportunities.

The ultimate strategy to alleviate stress when engaging in real estate transactions lies in partnering with a seasoned REALTOR� who possesses the expertise to navigate you through each step of the process, thereby facilitating the realization of your real estate aspirations.

For more information, download our Buyers Guide.

The Net Worth Advantage: Homeowners vs. Renters

The decision to rent or own a home is not just about having a place to live; it also has significant implications for your financial future. One key aspect that often comes into play is net worth … the value of your assets minus your liabilities. Numerous studies and statistics highlight a compelling trend: homeowners tend to have higher net worth compared to renters.

The numbers according to the Federal Reserve’s Survey of Consumer Finances confirms the belief that homeownership has long been associated with wealth accumulation. The median net worth of homeowners is 40 times higher than that of renters. This discrepancy can be attributed to several factors that favor homeowners, including equity buildup, property appreciation, and forced savings through mortgage payments.

Homeownership allows individuals to build equity over time, which is the difference between the home’s market value and the remaining mortgage balance. Every mortgage payment with amortizing loans contributes to this equity, leading to a gradual increase in homeowners’ net worth. On the contrary, renters do not benefit from this form of forced savings, as their monthly rent does not result in any ownership stake.

Historically, real estate has proven to be a valuable investment, with properties appreciating in value over the long term. Homeowners enjoy the potential for capital appreciation, which can significantly boost their net worth. In contrast, renters do not participate in the appreciation of the property they live in and miss out on this wealth-building opportunity.

Homeownership also comes with tax benefits, such as deductions for mortgage interest and property taxes but with such a high portion of taxpayers electing to take the standard deduction, the more important tax benefit is the capital gains exclusion.

Homeowners can exclude up to $250,000 of the gain on their principal residence if single and up

to $500,000 if married filing jointly. During the five-year period ending on the date of the sale, the

taxpayer must have owned and lived in the home for at least two of the past five years.

These advantages contribute to lowering the overall cost of homeownership and increasing the financial cushion for homeowners.

Owning a home can have positive implications for retirement readiness. As homeowners pay down their mortgages, they are essentially building a valuable asset that can be leveraged in retirement. Borrowing against one’s home is not a taxable event. The proceeds could be used for any reason. Furthermore, owning a home outright eliminates the need for monthly rent payments during retirement, providing greater financial security.

Additional sources to support the claim that homeownership has net worth advantages include:

• The National Association of Realtors regularly releases reports that analyze the financial benefits of homeownership, including equity accumulation and property appreciation.
• The Case-Shiller Home Price Index tracks changes in the value of residential real estate, offering insights into property appreciation trends over time.
• U.S. Census Bureau data offers a broader perspective on homeownership rates, wealth distribution, and their impact on net worth.

The numbers speak for themselves … homeowners tend to enjoy a higher net worth compared to renters. The combination of equity building, property appreciation, tax advantages, and retirement preparedness contribute to this financial advantage. While individual circumstances vary, it’s clear that homeownership offers a pathway to building wealth and securing a more robust financial future.

For more information, download our Homeowners Tax Guide.

The Danger of Do-It-Yourself Divorce

Ken & Barbie have been married 20 years and have owned their current home for over 10 years. Without the benefit of legal or tax advice, they decide to divorce with Ken taking his retirement and Barbie taking the equity in the home which are equal in value.

It appears to be equitable until a year later when Barbie decides to sell the home. It sells for the same market value at the time of the divorce but now Barbie pays all the sales costs. The unpaid balance on the home was much larger than normal because it had been refinanced for $750,000 two years earlier.

When Ken gave Barbie his equity in the house, he also gave her his tax liability in the home. Barbie has a substantial capital gain because the home was purchased for a much lower price ten years earlier. Capital gain is calculated by taking the sales price less sales costs, plus capital improvements made, less the purchase price.

Since she is single, she has a $250,000 exclusion and the balance of the gain of $456,750 will be taxable as long-term capital gains. Let’s assume her rate is 15%, Barbie would owe $68,513 in capital gains taxes.

When calculating Barbie’s net proceeds from this sale and accounting for the sales costs, mortgage balance, and federal taxes due, she only realizes $88,487 in this example while Ken walked away from the divorce with the full value of his retirement account of $225,000.

It doesn’t appear to have been an equitable settlement. Contributing to this inequity was an apparent misunderstanding of how taxes are calculated and that the expenses incurred with the sale of the home as a single person would be borne solely by herself.

No gain or loss is recognizable on the transfer of the residence if related to the end of a marriage. It is treated as a gift with no gift tax due if the transfer is within two years prior to the divorce or one year following. There is no change in basis; it is carried over to the gifted party.

A marriage is a legal arrangement and divorcing deserves the benefit of expert advice. An attorney who is familiar with potential tax consequences could have advised his/her client about the potential tax consequences and possibly suggested a more equitable division of assets.

This example is used to show you how it can appear to be an easy solution to dividing the assets. In an emotional state, one person could agree to something that could be costly later.

Division of Assets
Home’s Market Value at time of Divorce	$975,000
Unpaid Balance at time of Divorce	$750,000
Equity in Home at time of Divorce	$225,000
Ken’s Retirement Value at time of Divorce	$225,000
Computation of Tax
Subsequent Sales Price by Barbie	$975,000
Less Sales Costs	$68,000
Less Basis (the home was refinance several times with cash out)	$200,00
Capital Gain	$706,750
Less Section 121 Exclusion for single person	$250,000
Remaining Taxable Gain	$456,750
Tax Due at 15%	$68,513
Computation of Proceeds
Sales Price	$975,000
Less Sales Costs	$68,000
Less Mortgage Balance	$750,000
Less Federal Income Tax Due	$68,513
Net Proceeds	$88,487

Exploring Down Payment Sources for First-Time Homebuyers

Aspiring homeowners can overcome the challenge of saving for a down payment by taking advantage of various sources of assistance. Discover a variety of down payment sources available to first-time homebuyers, from family gifts and retirement account withdrawals to tax refunds and down payment assistance programs, empowering them to achieve their dream of homeownership.

Implementing effective savings strategies is paramount for first-time homebuyers. Setting a budget, reducing unnecessary expenses, and establishing an automated savings plan can accelerate down payment savings. In addition, consistently monitoring spending habits and making adjustments can help maximize savings potential. Saving for a down payment takes time and there may be some other alternatives available to you.

One possible source of down payment funds is a generous gift from family members. Through the annual gift tax exclusion, individuals can receive up to $17,000 per year from each family member without incurring gift tax obligations. This can significantly contribute to a first-time homebuyer’s down payment, making homeownership more attainable.

For instance, a husband and wife can each gift $17,000 to their child and the child’s spouse to make a total of $68,000. This is a substantial amount that may allow the borrower to avoid PMI. If the child is going to be the heir ultimately, should the parents not currently need the money, it allows them to see the enjoyment of the gift now.

First-time homebuyers who have been diligently saving in their retirement accounts may have the option to tap into their 401(k) or IRA funds for their down payment. Certain retirement plans allow penalty-free withdrawals for qualified home purchases. However, it’s crucial to consider the long-term impact on retirement savings and potential tax implications. Consulting with a financial or tax advisor is recommended to understand the specifics and make an informed decision.

Buyers with permanent life insurance policies may have accumulated cash value over time. This cash value can be accessed and used towards a down payment. However, it’s important to evaluate the impact on the policy’s death benefit and to consider the long-term implications before making any decisions. Consulting with an insurance professional is advisable to fully understand the terms and consequences associated with tapping into life insurance cash value.

Tax refunds can provide a boost to first-time homebuyers’ down payment savings. By planning ahead and adjusting tax withholdings, individuals can aim to receive a substantial refund at tax time, which can then be allocated toward the down payment.

Many governments, employers, and non-profit organizations offer down payment assistance programs to support first-time homebuyers. These programs can provide grants, loans, or matching funds to help bridge the gap between savings and the required down payment amount. Eligibility criteria and program specifics vary, so researching and exploring available options in your area is essential. Working with a knowledgeable real estate agent or loan officer can help identify suitable programs and navigate the application process effectively.

Silent second programs are offered by certain local governments or housing authorities. These programs provide a second loan, often at a low or zero-interest rate, to supplement the homebuyer’s down payment. The loan is "silent" because no monthly payments are typically required. However, repayment may be required when the home is sold or refinanced. Understanding the terms and conditions of such programs is crucial to ensure compliance and avoid unexpected financial obligations.

In recent years, crowdfunding has gained popularity to raise funds for various purposes, including down payments. Dedicated platforms allow individuals to create campaigns and seek contributions from family, friends, and even strangers who support their homeownership journey. While crowdfunding can be a viable option, it’s vital to carefully read platform policies, consider potential tax implications, and approach the process with transparency and integrity.

First-time homebuyers have multiple options when it comes to down payment sources. From receiving family gifts and utilizing retirement savings to exploring down payment assistance programs and implementing effective savings strategies, aspiring homeowners can find ways to turn their dreams of homeownership into a reality.

By understanding the available resources and seeking professional guidance, first-time buyers can navigate the path to homeownership with greater confidence and financial stability. Your real estate professional can be very helpful in guiding you through which programs may be available. They can guide you to a lender who specializes in down payment assistance and other special programs.

For more information, download the Buyers Guide.

Awareness is Key to Safeguarding Against Scams

When it comes to safeguarding against scams, awareness is key. By being vigilant and recognizing consistent red flags, you can effectively thwart scammers in their tracks. Stay one step ahead and keep an eye out for these warning signs to protect yourself from falling victim to fraudulent schemes.

Unexpected contact – You receive unanticipated contact by phone, text, or email from an individual or organization regarding an invoice, order, delivery, or charge that you don’t know about.

Sense of Urgency – Scammers employ tactics to manipulate and create a fabricated sense of urgency, resorting to rude or aggressive language to pressure you into taking immediate action.

Unusual Payment Requests – Be cautious if someone asks you to make payments or send money through unconventional methods such as gift cards, cryptocurrency, payment apps, or online wire transfers to deceive you into paying for something, resolving a fabricated issue, claiming fake sweepstakes winnings, or promising unrealistically high returns on investments. .

Coercive Communication – threatening language, claiming that you owe money and using scare tactics like threatening to involve the police if immediate payment is not made.

Love Scam Trap – Watch out for a potential online love interest who showers you with romantic words but avoids meeting face-to-face. Be cautious of these "romantic emergencies" and avoid sending money to someone you haven’t met in person.

Homebuyers Specific … Particularly during the closing process, scammers employ deceptive tactics by sending fraudulent emails to homebuyers, impersonating trusted individuals such as the real estate agent, settlement agent, or legal representative. These spoofed emails contain fictitious instructions for wiring closing funds, putting unsuspecting homebuyers at risk of financial loss.

Always verify with your agent and another trusted individual like a settlement or mortgage officer that the request for funds is legitimate before transferring money.

If you feel that you have become a victim of such a scam, contact your bank or wire-transfer company immediately to ask for a wire recall. Responding as soon as possible may increase the likelihood you’ll be able to stop the transfer and/or recover your funds.

For more information, see Mortgage Closing Scams on the Consumer Financial Protection Bureau website.

If you want to report a suspected crime, contact the Internet Crime Complaint Center or IC3. The nation’s central hub for reporting cyber crime is run by the FBI, the leading federal agency for investigating cybercrime. Go to their website for more information and to file a complaint.

How to Buy Your First Home as an Investment and Retire Rich

As young people enter the full-time workforce and begin to think about living on their own, it may not seem practical or wise to consider buying a home. However, it may be a pivotal decision for your financial security and future retirement.

Rents are going to increase based on the shortage of rental units needed for the demand of the market. Buying a home is a way to control those costs and even provide income by converting it to a rental as you decide to move up into another home.

There is an advantage to buying a home before a person gets married, starts a family, and has their standard of living at a higher pace. Their expenses are lower, and it is easier to not only qualify for a loan but possibly, take advantage of programs for down payment assistance, grants, or other options like gift funds or co-signers.

Purchasing a home is a significant financial decision, particularly for first-time homebuyers. However, there are several benefits to buying a home early in your career, even if it is not your dream home.

One of the most significant benefits of buying a home as an investment is that it can help you build equity. Equity is the difference between the value of your home and the amount you owe on your mortgage. As your home’s value increases, so does your equity. This can be a valuable asset in the future, as you can use it to finance other investments or retirement expenses.

Another benefit of buying a home as an investment is that it can generate passive income. If you rent out a room or two in your home, you can use the rent to help cover your mortgage payments and other expenses. This can free up your disposable income to invest in other areas, such as your retirement savings.

Of course, there are some risks associated with buying a home as an investment. The value of your home may not always increase, and you may have to deal with unexpected expenses, such as repairs or maintenance. However, the potential benefits of homeownership can outweigh the risks, particularly if you are strategic about your investment.

When choosing a home to purchase as an investment, it is important to consider the location. A home in a desirable area that is likely to appreciate in value over time is a wise investment. It is also important to consider the size of the home. A home with three or four bedrooms will be easier to rent than a property with less.

The strategy can be as simple as:

1. Buy a house when you enter the workforce and take on paying roommates. Declare the income on your income tax.
2. It doesn’t have to be the perfect home, but it does need to be a good home in a good area.
3. Never sell the home; instead, convert it to a rental when you move up in the near future as your income goes up.

If you have young adult children who would benefit from this advice, please share it with them along with our Buyer’s Guide. If they would like to learn more specifics, we would love the opportunity to meet with them.

Negotiate with the Seller Like a PRO

Having a negotiation plan is paramount when it comes to navigating the complex world of real estate as a homebuyer. It’s no secret that buying a home involves a significant financial investment and numerous variables that can impact the outcome of the transaction. By formulating a well-thought-out negotiation plan, homebuyers can approach the process with confidence, a strategy, and a clear understanding of their goals and boundaries.

A negotiation plan allows buyers to effectively communicate their needs, explore potential compromises, and ultimately secure a favorable deal. In this competitive market, where multiple offers and bidding wars are common, having a solid negotiation plan can be the key to achieving a successful outcome and obtaining the home of your dreams at the best possible terms.

Research the Market – Before making an offer, thoroughly research the local real estate market. Understand recent sales data, current inventory levels, and the average time homes spend on the market. This knowledge will empower you during negotiations.

Determine Your Budget – Set a realistic budget based on your financial situation and pre-approval from a lender. Knowing your limits will help you make strong and confident offers.

Understand Seller Motivation – Try to gain insight into the seller’s motivation for selling. Are they looking for a quick sale, or are they more concerned about maximizing profit? Understanding their motivation can give you an advantage when negotiating.

Work with an Experienced Real Estate Agent – Partner with an experienced real estate agent who has strong negotiation skills. They can guide you through the negotiation process, provide valuable advice, and help you structure a compelling offer.

Focus on More Than Just Price – While price is important, it’s not the only factor to consider. Consider other terms, such as the closing timeline, contingencies, and included appliances or furniture. By being flexible on certain terms, you may have a better chance of securing a favorable deal.

Request a Home Inspection – Include a contingency in your offer for a professional home inspection. This allows you to identify any potential issues or repairs needed and can give you leverage for negotiating a lower price or requesting repairs.

Be Prepared to Compromise – Negotiations involve give and take. Be open to compromising on certain terms to reach a mutually beneficial agreement. Flexibility can improve your chances of finding common ground with the seller.

Stay Emotionally Detached – While buying a home can be an emotional process, it’s important to stay level-headed during negotiations. Avoid getting too attached to a specific property and be willing to walk away if the terms don’t align with your goals. This mindset can empower you to negotiate from a position of strength.

Remember, effective negotiation is a skill that improves with experience. By employing these tips and working closely with your real estate agent, you can increase your chances of securing a favorable offer as a homebuyer.