Distressed homeowners no longer have to pay California state income tax on debt forgiven in a short sale, foreclosure, or loan modification.  Enacted into law yesterday, Senate Bill 401 generally aligns California’s tax treatment of mortgage debt relief income with federal law.  For debt forgiven on a loan secured by a “qualified principal residence,” borrowers will now be exempt from both federal and state income tax consequences.  The existing federal exemption is for indebtedness up to $2 million, whereas the new California exemption is for indebtedness up to $800,000 and forgiven debt up to $500,000.

“Qualified principal residence” indebtedness is defined as debt incurred in acquiring, constructing, or substantially improving a principal residence.  It includes both first and second trust deeds.  It also includes a refinance loan to the extent the funds were used to payoff a previous loan that would have qualified.

The tax breaks apply to debts discharged from 2009 through 2012.  Californians who have already filed their 2009 tax returns may claim the exemption by filing a Form 540X amendment.
 
Taxpayers who do not qualify for the above exemptions (e.g., second home or rental property) may nevertheless be exempt under other provisions.  Most notably, taxpayers who are bankrupt are exempt from debt relief income tax.  Also, taxpayers who are insolvent are exempt from debt relief income tax to the extent their current liabilities exceed current assets.

(Source: California Association of Realtors)

Please contact me with any questions you may have about short sales or foreclosures or about how this new law may impact you.

The real estate market continues to evolve as we work through short sales and foreclosures in the Pleasanton market place as well as market places all over the country. One of the difficulties surrounding short sale transactions is the amount of time it typically takes for the lender to approve the short sale-a mandate in moving the transaction forward.

Lawmakers realize that improving turn around time on these kinds of transactions will only benefit the market place as a whole.

Here is the latest news for the Senate on short sale legislation:

Recently enacted Senate Bill 306 does not require lenders to review short sale requests from sellers and their agents within 21 days.  The new California law, which addresses certain escrow procedures, has been mischaracterized by some practitioners as landmark legislation calling for a 21-day turnaround for short sale approvals.

The new law inserts a short payoff amount request into the existing payoff demand law which generally requires a lender to respond to a request for a payoff demand statement within 21 days from when it is requested, typically by escrow.  The new law essentially requires, after a short sale has already been approved, for the lender to respond to a request for a short-pay demand statement within 21 days.  The lender’s response to escrow can be a short-pay demand statement or even, depending on the circumstances, a written statement electing not to proceed with the proposed transaction.

Another provision of SB 306 may also cause confusion.  In practice, a lender may approve a short sale subject to its review of a closing statement prepared by escrow, but the lender does not review that closing statement promptly.  Under the new law, if a lender fails to approve the closing statement within four days, the closing statement shall be deemed approved, but only if it is “not clearly contrary to the terms of the short-pay agreement or the short-pay demand statement provided to the escrowholder.”  The new law does not bind a lender to a short payoff amount in an offer that the lender has not approved.

Senate Bill 306 contains other technical changes in real estate related laws, such as, but not limited to, the following:

• Expanding the existing requirement for a lender to contact certain borrowers to explore options for avoiding foreclosure at least 30 days before filing a notice of default, to include not only owner-occupied residences, but also owner-occupied residential property with two-to-four dwelling units.
• Extending the existing requirement for a lender to record a notice of sale from 14 to 20 days before a trustee’s sale.  This provision does not change existing law requiring a lender to wait at least 20 days after mailing a notice of sale before conducting a trustee’s sale.

This new law comes into effect on January 1, 2010. 

Click here to read the text of Senate Bill 306.

 (Information provided by the California Association of Realtors.)

Click here to read about how short sales work.

Questions about short sales? Contact us. We are currently working with several clients who are selling their homes and are in a “short pay” sitaution. We can help you too!

Pleasanton Real Estate Market Update for August 2009

Sales Activity Is Very Strong

August 2009 Pleasanton Single Family Home Sales are up 48% from August 2008.

 The charts below show the sales activity for Pleasanton single family homes since January 1^st, 2009.

Starting in April 2009, the average monthly sales activity is 71 homes per month.

As you can see, homes sales doubled in the 2^nd quarter of 2009 and posted the strongest quarterly sales activity since the 2^nd quarter of 2007. 

Inventory Is On Steady Downward Trend

The inventory of single family homes for sale has dropped 37% since August of 2008.

The chart below shows the inventory level at the end of each month for Pleasanton single family homes since January 2009.

With the pace of sales for August 2009 at 77 homes, the unsold inventory index stands at 2.2 months of inventory.  This is the amount of time it would take to sell through the current inventory of 169 homes.  This number is considered to be very low.                                                               

Commentary

With the high sales activity and low inventory levels, it would be tempting to call this a sellers’ market.  However there is no evidence of any improvement on pricing levels. The median sales price for August 2009 of $706,500 for Pleasanton is down 3.22% from $730,000 for August of 2008.  Of the 126 homes currently reported as “pending” or under contract 52 of the 126 are either short sale properties or REO properties.  Short sale properties are homes being sold by the current owner where the home’s value is less than the amount owed.  The owner attempts to negotiate with the bank to accept less than the amount owed in order to avoid foreclosure.  REO properties are homes being sold by the bank that has taken a property through a foreclosure process.  The 52 properties represent 41%of all the current “pendings”. In other words 4 out of every 10 sales currently under contract represent a distress sale.  

No one knows what lies ahead, but looking at the current supply of homes for sale there is some bright news.  Of the 167 homes currently for sale as of 9/14/2009, only 11(or 6.5%) and 3(or 1.8%) are distress sales for a total of 14 or 8.3% of the total of 167. An abundance of distressed properties in a market can bring values down. For now, Pleasanton has a very limited number of distress sales and that has kept property values from free falling as much as we have seen in communities like Brentwood and Hayward.

Mid Year Market Update/January 2009-June 2009

The Pleasanton Real Estate Market has seen a surge of activity in sales of single family homes.  The 2^nd quarter of 2009 ended with 205 sales, the highest number of quarterly sales activity since the 2^nd quarter of 2007. Sales for the quarter were up 114% over the 1^st quarter of this year. 

At the same time the inventory of homes for sale is trending downward.  Normally inventory tends to increase on a seasonal basis between the 1^st and 2^nd quarter.  This year the inventory has dropped from 237 homes for sale at the end of the 1^st quarter to 213 homes at the end of the 2^nd quarter.   As of this writing (7/29/2009) the inventory level has dropped to 186 while sales for the month of July has reached 75 with two days remaining in the month.

For the 2^nd quarter short sales and REO properties represented a significant percentage of the total sales with short sales coming in at 36 or 18% of the total of 205 and REO properties coming in at 15 or 17% of the total of 205.  Combined distress sales accounted for 25% of the total sales activity.  For the month of July that percentage is down to 19%.  Of the current inventory of available homes for sale (186) there are 14 showing as short sales and 2 as REO sales for a combined total of 9%.  The number of distress sales appears to be shrinking for the moment.

Mohr Park Market In a Minute

How many homes are on the market in Pleasanton?

As of 4/29/2009, there were 242single family homes available for sale in Pleasanton.  Since the beginning of this year, the inventory has increased at a pattern consistent with the 1^st quarter of the last two years.  By mid April, the inventory had increased to 255.  However, the last two weeks of April have seen strong sales activity with 60 “pending” transactions in April.

How many homes are on the market in Mohr Park?

As of 4/29/2009, only three homes are available for sale in Mohr Park.  This includes the Glens, the Gardens and the Estates of Mohr Park.  Unfortunately the two homes on Rheem Drive are “short sale” transactions so both prices are far below market value.

*Short Sales are distress sales where the current owners mortgage debt exceeds the current market value. Negotiations are in progress with the lender to accept less than the amount owed to complete the sale and avoid foreclosure.

How many homes have gone “pending” in Pleasanton in 2009?.
 

May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Jan09	Feb09	Mar09
55	50	44	52	58	31	22	25	33	30	43

As of 4/29/2009, 60homes have gone to “pending” status during the month of April. This will represent the highest number of monthly “pendings” since April of 2008.

How many homes have gone “pending” in Mohr Park?

1987 Rheem	List Price $519,000	Sales Price	Calliope(Glens)	1314 SF	2 BR	2.5 Bath	COE Date6/2/2009
2092 Eilene Dr	$599,750		Woodstar(Glens)	1586 SF	3 BR	3  Bath	COE Date5/31/2009
2223 Oakland	$525,000	Short sale	Woodstar(Glens)	1586 SF	3 BR	3 BATH	COE DATEUnknown

 

No Mohr Park homes have closed escrow thus far in 2009.