The Six Worst Items To Appear On Your Credit Report

It’s easy to make mistakes or experience hardship when it comes to paying your bills. Some mistakes are so detrimental; want to avoid them at all cost. Since future creditors and lenders use your credit report to make decisions about you, it’s important to understand how each of these impact your credit file.
1. Charge-offs
Missing your payments for 6 months or more could cause your creditors to deem your account as uncollectible. When this happens, the creditors write that debt off as a loss against their income taxes. Charged-off accounts are allowed to be reported on your credit report for seven years. Just because a debt is charged off (or written off) does not mean the debt is forgiven. The money is still owed. The creditor will usually sell or assign the debt to a collection agency or a lawyer to effect collection.
Some companies continue to charge interest, but most don’t. If they do decide to keep charging interest, they have to continue to report it as income. Most companies would rather just write it off and be done with it.
Having charge offs on your credit report usually results in the consumer being denied credit by other lenders. Even worse, it can also affect the interest rate that other lenders charge on current debts even if those lenders were not impacted by the charge off themselves.
If you find yourself late on your payments, you should always try to contact the lender and let them know you are having problems meeting your financial obligations. Ignoring the situation and letting it get to charge off status always makes it worse. You can usually avoid your account being charged off by at least letting them know you intend to pay and by at least making small payments as often as you can.
It’s much easier to get a paid charge off removed from your credit report than it is an unpaid charge off. When you dispute the charge off with the credit bureaus, they have 30 days to verify the account with the creditor. If the account is paid, many times the creditor will just ignore the verification request. They really only report charge off so that they can damage your credit hoping that it will turn make you want to pay them off.
2. Collections
Not only will creditors charge-off your account after a period of non-payment, they may also hire a third-party debt collector to attempt to collect payment from you. Your credit report may or may not be updated to reflect a collection status. Sometimes the debt collector places an entry on your credit report or the original creditor places a note on your report indicating the account is in collection status.
3. Bankruptcy
Filing bankruptcy allows you to legally remove liability for some or all of your debts, depending on the type of bankruptcy you file. Your credit report will reflect each of the accounts you included in your bankruptcy. Even though the bankruptcy information can legally remain on your credit report for seven to 10 years, you can begin rebuilding your credit soon after your debts have been discharged.
4. Foreclosure
If you default on your mortgage loan, your lender will repossess your home and auction it off to recover the amount of the mortgage. This process is known as foreclosure. When your home is foreclosed it can severely damage your credit, limiting your ability to obtain new credit in the future. A foreclosure can remain on your credit report for seven years.
5. Tax liens
When you don’t pay property taxes on your home or another piece of property, the government can seize the property and auction it off for the unpaid taxes. Even if your home is foreclosed because of a tax lien, you are still responsible for the mortgage loan. Non-payment of the mortgage will also hurt your credit. Unpaid tax liens can remain on your credit report for 15 years, while paid tax liens remain for 10 years.
6. Lawsuits or judgments
Some creditors may take you to court and sue you for a debt, if other collections fail. If the lawsuit is accurate and a judgment is entered against you, it can remain on your credit report for 7 years from the date of filing, even after you satisfy the judgment.

FHA's Implementation of Premium Changes‏

FHA has informed the lending industry of their intent to make changes to the Mortgage Insurance Premiums charged to borrowers when using FHA financing. Note, the effective date for the changes to the upfront and annual premiums will be September 7, 2010.



Please see attached letter from Commissioner Stevens regarding his intention to decrease the UFMIP from 2.25% to 1.0% and increase the monthly Mortgage Insurance from 0.55% to between .80%-.90% annually.



The net-affect to a borrower who is requesting maximum financing from FHA is an increase in their monthly payment of approximately $22 per $100,000 borrowed at today’s interest rates.

Six New Arizona Real Estate Laws Take Effect

NEWS RELEASE Contact: July 27, 2010 Ron LaMee (602) 248-7787

PHOENIX – The Arizona Association of REALTORS® said six new state laws that take effect Thursday will resolve issues often faced by both homeowners and the real estate community. One new law will have an impact on the placement of “for sale” signs at properties covered by homeowner and condo associations. The associations will no longer be allowed to ban temporary open house signs, except in common areas. Another new law requires swimming pools and spas to be included in the list of items checked during a home inspection.

The Arizona Association of REALTORS® supported these changes during the recent legislative session. “We listened to our members about the problems they were facing in representing buyers and sellers in real estate transactions,” said Tom Farley, CEO of the Arizona Association of REALTORS®. “We are pleased lawmakers listened to us to resolve issues hurting both homeowners and REALTORS. These new laws will make a big difference for everyone involved.”

Here is a summary of the six bills that take effect July 29: HB2345: HOA; Condos; For Sale Signs – Homeowner and condo associations are prohibited from banning the display of temporary open house signs, except in common areas. The associations also are prohibited from regulating a property owner’s “for sale” sign that conforms
to the industry standards and are owned or used by the seller or the seller’s agent, nor can they require a particular sign. Further, they may not regulate open house hours except for restricting the hours to after 8 a.m. or before 6 p.m. Nor can they prohibit display of “for lease” signs unless the association does not allow leasing of units.

HB2371: Home Inspections – Swimming pools and spas are included in the list of items that a certified home inspector is to examine during a home inspection.

HB2450: Water and Wastewater Fees and Charges – Prohibits a municipality from refusing service or requiring payment for unpaid water and wastewater services from anyone other than the person contracted with the municipality.

HB2766: Tenant Notice; Foreclosures – If the landlord of a residential property of not more than four connected units that is under foreclosure leases a unit, the landlord must provide each tenant with written notice of possible foreclosure. The form of the notice is prescribed and includes, if known, the date, time and place of the foreclosure sale. If a landlord fails to comply with the notice requirement, the tenant may deliver a notice of breach of agreement and recover damages and obtain injunctive relief.

HB2768: Real Property Transfer Fee Covenants – Prohibits private transfer fees paid to developers or third-party companies on the sale of real property. This legislation targets a specific and new type of transfer fee, not those paid by homeowner associations. Government- imposed transfer fees are already prohibited by the 2008 constitutional amendment drafted by AAR and passed by the voters.

SB1219: Real Estate Licensee - Conforms the time a real estate license is valid to the time period for completing education requirements (two years). The law allows a licensee to cancel his/her license, defines business broker, and requires a valid fingerprint clearance card before applying for a license.

### The Arizona Association of REALTORS is the largest professional trade association in the state. The association is comprised of individuals involved in the real estate industry, allied industries and firms. The association’s nearly 45,000 members represent more than half of the real estate licenses in Arizona. For more information about the Arizona Association of REALTORS, including home buying and selling points, visitwww.aaronline. com

One more reason short sale makes sense instead of foreclosure

Fannie Mae Revises Foreclosure Guidelines

On April 14, 2010, Fannie Mae made changes to the timeframes required after a “PRE-Foreclosure Event” before someone could obtain new Fannie Mae financing. They have stated that since there are a variety of foreclosure alternatives available to borrowers who are having difficulty making their mortgage payments that the changes would highlight the importance of borrowers working with their servicers to avoid foreclosure. As a follow-up to that Announcement, yesterday Fannie Mae modified the waiting period that must elapse before a borrower is eligible for a new mortgage loan after a “foreclosure.” The combination of the waiting period policies for foreclosures and preforeclosure events continue to favor borrowers who work with their servicers to avoid foreclosure by allowing these borrowers to be eligible for a future Fannie Mae loan in a shorter period of time.



Under the new guidance, unless the foreclosure was the result of documented extenuating circumstances*, which only requires a three-year waiting period (with additional requirements of minimum of 10% down, primary residence purchase or rate/term refinance for all occupancy types), ALL borrowers will now be required to meet a seven-year waiting period after a prior foreclosure to be eligible for a new mortgage loan eligible for sale to Fannie Mae.



* Fannie Mae Definition of Extenuation Circumstances: These are nonrecurring events that are beyond the borrower’s control that result in a sudden, significant, and prolonged reduction in income or a catastrophic increase in financial obligations. If a borrower claims that derogatory information is the result of extenuating circumstances, the lender must substantiate the borrower’s claim. Examples of documentation that can be used to support extenuating circumstances include documents that confirm the event (such as a copy of a divorce decree, medical reports or bills, notice of job layoff, job severance papers, etc.) and documents that illustrate factors that contributed to the borrower’s inability to resolve the problems that resulted from the event (such as a copy of insurance papers or claim settlements, property listing agreements, lease agreements, tax returns (covering the periods prior to, during, and after a loss of employment), etc.). The lender must obtain a letter from the borrower explaining the relevance of the documentation. The letter must support the claims of extenuating circumstances, confirm the nature of the event that led to the bankruptcy or foreclosure-related action, and illustrate the borrower had no reasonable options other than to default on their financial obligations.

Heads-up! Buyer credit changes could sabotage your closing.

Financing Alert: Fannie Mae Loan Quality Initiative

June 1, 2010 marked the beginning of Fannie Mae's "Loan Quality Initiative." If you're not familiar with the initiative, now would be a good time to become familiar with it. Why? Well, one of the provisions in the initiative is "credit re-verification" on the day of funding. If your borrower's credit changes more than 2%, it's back to underwriting for approval! You need to know how to help buyers protect their financing by making smart moves between first and second verification. There are several other important considerations to the initiative as well.

The following articles will help you wrap your head around Fannie Mae's LQI:

Fannie Mae's loan quality initiative: another potential snag with financing
http://bit.ly/cX5Y6P
(BostonGlobe.com)

Borrowers: Beware the Second Credit Report
http://bit.ly/c9hCI6
(SmartMoney.com)

Fannie Mae "Loan Quality Initiative" begins June 1, 2010. How will this affect home buyers?
http://bit.ly/9cevT7
(Amy Jones, RE/MAX Excalibur, Arizona)

For the fine print, don't miss Fannie Mae's page dedicated to the initiative:
https://www.efanniemae.com/sf/lqi/index.jsp

Should you convert your home to rental property?

Suppose you move to another house, but have difficulty selling your previous home. If it looks like it may take a while to sell that house, does it make financial sense to rent it? In addition to the economics of the situation, there are several tax factors you should consider first.

When you rent your home, you must report the rental income on your tax return. However, you can deduct the expenses of the home from that income, including utilities, operating expenses, repairs and maintenance, and depreciation. You can fully offset the income with these expenses. Due to the passive activity loss rules, however, losses can only be used to offset other passive income, with any excess losses carried forward to future years. That said, a favorable exception allows an individual with an adjusted gross income (AGI) of $100,000 or less to deduct up to $25,000 of passive losses against other income, as long as they are actively involved in the property's management. This deduction phases out with AGI between $100,000 and $150,000.

Pay attention to how long you rent your home, especially if you expect a profit from the sale. In general, you don't have to pay income taxes on up to $250,000 of gain if you are single or $500,000 of gain if you are married filing jointly. However, to qualify for the exemption, you must use the home as your principal residence in at least two of the five years preceding the sale. Even if you qualify for the exemption, the exclusion of the gain does not apply to the extent of any depreciation allowable with respect to the rental or business use of the home for periods after May 6, 1997. A maximum tax rate of 25 percent applies to the gain attributable to depreciation deductions.

If you sell the home at a loss, you can only deduct the loss if you prove the home was permanently converted to income-producing property. Your basis for calculating the loss is the lesser of your cost basis or the property's fair market value when it was converted to rental property. For instance, if you bought a home for $250,000, converted it to rental property when it was worth $225,000, claimed $10,000 of depreciation deduction, and sold it for $200,000, your loss would be $15,000 -- not $50,000.

Contact your CPA for details on how this will impact you.

FHA 90 day flip rule

Question: My FHA buyer's close of escrow is delayed because the lender is asking for the home inspection and information on the seller's LLC. Why?

Answer: We will assume the contract was executed within the 90 days of the seller acquiring the property. In February of this year, The Waiver of Requirements of 24 CFR 203.37 amended the FHA 90 day flipping rule, or flopping as it is now called by some underwriters. To keep things spicy, it was not amended in a mandated FHA mortgagee letter. Therefore some of the lenders are not as excited about originating financing within the 90 days. Keep in mind this is brand spanking new, and the banks that embraced it early on, are getting their hands slapped from HUD. In April, second appraisals were rare. But today, more often than not, it will be required. If the sales price is 20 percent or more over the seller's acquisition cost, the lender is required to get a property inspection. The thought process behind this guideline is that the home was purchased at a deep discount, therefore the seller should spend some bucks to gussie it up. And it better be darn next to perfect. The lender may require any and all repairs, including minor cosmetic items to be completed before close of escrow, even if your buyer could care less, and the appraisal did not mention anything about a stove and tip-over protection. A second appraisal is typical to cover the Bank's "you know what" to validate the purchase price. The second part of question can make you cross-eyed. FHA is scrutinizing the "Identity of Interest," between the buyer, seller and other parties participating in the sales transaction. And we aren't talking about being personally related. One bank informed us that if the property is owned by an investor, an LLC, and the selling real estate brokerage is an LLC, and if there is any ownership between the two, then FHA will not do the loan until after the 90 days is up. So, just to be clear, it is not okay during the first 90 days but the 91st day it becomes acceptable. This is one bank's interpretation of the ruling. Regardless, documentation on the LLC will be required. HUD is closely analyzing the purchases of these flopped properties. Be prepared for additional documentation and second appraisals. FYI: If your seller purchased the property under his name, then transferred it to an LLC at a later time, the date of the deed transfer, not the purchase, could start the clock for the 90 day flipping/flopping guidelines.