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Thousands of home sales depend on tax credit extension

Thousands of pending home sales may be in jeopardy unless Congress extends the June 30 deadline for buyers to close on their deals and claim a tax credit.

The Senate on Wednesday approved a three-month extension, giving buyers until Sept. 30 to close, but it's attached to another bill that still has to be passed by the House.

The extension would apply only to buyers that met the April 30 deadline to have signed purchase contracts in hand.

The tax credit is worth up to $6,500 for repeat buyers and up to $8,000 for first-time buyers.

Many pending deals are in danger of not closing by June 30 because of delays that aren't the buyers' fault. Some appraisals are taking longer to complete, and some lenders have been overwhelmed by a crush of mortgage applications that landed before the tax credit expired April 30.

Up to 180,000 buyers who were hoping to close by June 30 and get the tax credit are likely to miss the deadline, according to the National Association of Realtors (NAR).

"We are hopeful," says Paul Bishop, vice president of research with NAR. "We've heard a lot of concern from Realtors out there. There seems to be a sense of fairness. The tax credit was essentially promised" to those buyers.

But some Realtors say even if a three-month extension is granted, that still won't be enough time for buyers pursuing houses through short sales, which can take many months to close.

"How are you going to close a short sale in two months?" says Edward Goldfarb, a Realtor with Keller Williams in Fort Lauderdale. "Hundreds of people are not going to close and are going to lose their tax credit. September is not any better. A short sale can take a year and a half."

Another concern is that buyers who face losing the tax credit could pull out of pending deals altogether. Any extension must be passed this week, or buyers will start canceling deals next week, before the deadline hits, says Richard Smith, president and CEO of Realogy, parent company of Century 21, ERA, Coldwell Banker and Sotheby's International Realty.

"We're concerned, as many people are, that this will force people to cancel their contracts," Smith says.

Brian Bonime, 33, has a contract on a home in Margate, Fla., but is worried the short sale won't close in time to get the $8,000 tax credit he was counting on.

"It'll put a dent in things financially," says Bonime, who works in management at a supermarket. The sellers "had brand new appliances they're taking with them, and we were going to get the money now so we can get appliances."

If you are a buyer without a Realtors representation, contact one of our agents today for your FREE Buyer Consultation - the first step in a smooth homebuying transaction.

Foreclosure VS. Short Sale

Homeowner Consequences

Issue Foreclosure Successful Short Sale
Future Fannie Mae Loan – Primary Residence(1)
A homeowner who loses a home to foreclosure is ineligible for Fannie Mae-backed mortgage for a period of 5 years.
A homeowner who successfully negotiates and closes a short sale will be eligible for a Fannie Mae-backed mortgage after only 2 years.
Future Fannie Mae Loan – Non-Primary(2)
An investor who allows a property to go to foreclosure is ineligible for a Fannie Mae-backed investment mortgage for a period of 7 years.
An investor who successfully negotiates and closes a short sale will be eligible for a Fannie-Mae backed investment mortgage after only 2 years.
Future Loan with any Mortgage Company On any future application, a prospective borrower will have to answer YES to question C in Secion VII of the standard 1003 form that asks "Have ou had property foreclosed upon or given title or deed in lieu thereof in the last 7 years?" This will affect future rates. There is no similar declaration or question regarding a short sale.
Credit Score
Score may be lowered anywhere from 250 to more than 300 points. Typically will affect a credit score for over 3 years.
Only late payments on mortgage will show, and after sale, mortgage is normally reported as 'paid as agreed', 'paid as negotiated', or 'settled'. This can lower the score as little as 50 points if all other payments are being made. A short sale's effect can be a brief as 12 to 18 months.
Credit History
Foreclosure will remain as a public record permanently, and on a person's credit history for 10 years or more.
A short sale is not reported on a credit history. There is no specific reporting item for 'short sale'. The loan is typically reported 'paid in full, settled'.
Security Clearance
Foreclosure is the most challenging issue against a security clearance outside a serious misdemeanor or felony conviction. If a client has a foreclosure and is a police officer, in the military, in the CIA, security, or any other position that requires a security clearance, in almost all cases clearance will be revoked and position will be terminated.
On it's own, a short sale does not challenge most security clearnances. (3)
Current Employment
Employers have the right and are actively checking the credit of all employees who are in sensitive positions. In many cases, a foreclosure is reason for immediate reassignment or termination.
A short sale is not reported on a credit report and is therefore not a challenge to employment. (4)
Future Employment
Many employers are requiring credit checks on all job applicants. A foreclosure is one of the most detrimental credit items an applicant can have and in most cases will challenge employment.
A short sale is not reported on a credit report and is therefore not a challenge to future employment. (5)
Deficiency Judgement
In 100% of foreclosures (except in those states where there is no deficiency), the bank has the right to pursue a deficiency judgement.
In some successful short sales, it is possible to convince the lender to give up the right to pursue a deficiency judgement against the homeowner.
Deficiency Judgement (amount)
In a foreclosure, the home will to go through an REO process if it does not sell at auction. In most cases this will result in a lower sales price and longer time to sale in a declining market. This will result in a higher possible deficiency judgement.
In a property managed short sale, the home is sold at a price that should be close to market value, and in almost all cases will be better than an REO sale resulting in a lower deficiency.

(1) Fannie Mae Announcement 08-16: Michael A. Quinn, Senior Vice President, Single-Family Risk Officer

(2) Fannie Mae Announcement 08-16: Michael A. Quinn, Senior Vice President, Single-Family Risk Officer

(3) Short sales are currently not explicitly reported on a credit report.

(4) Short sales are currently not explicitly reported on a credit report.

(5) Short sales are currently not explicitly reported on a credit report.

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LIC #RB066549
Marsha Marsh Real Estate Services
8840 Peach Street
Erie PA 16509
814.866.8840
Fax: 814.866.8631

Marsha Marsh Real Estate Services • 8840 Peach St. • Erie, PA 16509 • 814.866.8840 • LIC #RB066549

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