Mortgage interest deduction (infographic from keepingcurrentmatters.com)
The mortgage interest deduction seems to be the everyone’s lovable fiscal scapegoat. The mortgage interest deduction was almost abolished in 2010 as a means of increasing revenue after the recession. And then again in 2012 it’s elimination was considered to increase revenue lost through sequestration. This time the mortgage interest deduction is in Congress’ sights as a means of tax reform.
The mortgage interest deduction is a remnant of consumer interest deductions that were allowed when income tax was first collected. It wasn’t until the 1980’s when most consumer interest deductions, such as credit card and auto loan interest, were eliminated (to reduce budget deficits after a deep recession). The mortgage interest deduction survived in a limited form, which implemented a cap on the amount of an individual’s deductions.
The mortgage interest deduction is again embattled. Reporting by AP’s Marcy Gordon reveals the divide in eradicating the MID (GOP eyes popular tax breaks to finance overhaul; apnews.com, September 18, 2017). The MID is viewed by some as a middle-class mainstay that is a political hot potato. While others see the MIS as an antiquated subsidy that can be removed as part of a major tax plan. However, the likelihood of totally abolishing the MID is slim because of the political fallout. More likely to occur is something akin to what happened in the 1980’s, which was a narrowed version that limited deductions. Speaker of the House, Paul Ryan hinted that the current $1million cap could be further reduced, by saying “We could change that limit — I suppose.”
Over the decades, the mortgage interest deduction has been criticized by some as poor economic policy. Those who argue against the mortgage interest deduction claim that it doesn’t increase homeownership. They also claim that the MID is a subsidy that artificially inflates home prices, and is used mostly by the wealthy. Additionally, the enticement of receiving a MID at the end of the year is used to encourage home buyers to buy homes that they really can’t afford. A recent study by Jonathon Gruber (known to many as the architect of Obamacare), et al, produced results that mimics the assertions of the mortgage interest deduction critics’ (Do People Respond to the Mortgage Interest Deduction? Quasi-Experimental Evidence from Denmark; National Bureau of Economic Research, Inc; Working Paper 23600, July 2017).
Proponents of the mortgage interest deduction, such as the National Association of Realtors, and the National Association of Home Builders, claim that the MID encourages homeownership and makes it affordable for many.
As a witness in the September 13th Senate Finance Committee Hearing on Individual Tax Reform, Iona Harris (chair of NAR’s Federal Taxation Committee) testified that limiting or abolishing the mortgage interest deduction could actually have the unintended consequence of increasing taxes on millions of “middle class homeowners,” while “putting the value of their homes at risk.”
Ms. Harris stated:
“…it is estimated that American homeowners already pay well over 80 percent of all federal income taxes… 53 percent of individuals claiming the itemized deduction for real estate taxes in 2014 earned less than $100,000.”
And recapped the outcome of the 1980’s mortgage interest deduction reduction:
“…When Congress last undertook major tax reform in 1986, it eliminated or significantly changed a large swath of tax provisions, including major real estate provisions, in order to lower rates, only to increase those rates just five years later in 1991…Most of the eliminated tax provisions never returned and in the case of real estate, a major recession followed.”
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.
Consumer data breach (infographic from breachlevelindex.com)
If you haven’t heard of the Equifax consumer data breach then you’re either uninformed or you just don’t care. Regardless, this breach of personal and private information should make you very concerned. If not for your own personal data, then for our economy. The Equifax breach was a massive data heist that included names, birth dates, addresses, phone numbers, and in some cases driver’s license numbers.
Besides causing personal harm, this data breach has the potential to wreak widespread economic havoc. It was reported that the hack could impact up to 143 million consumers (almost half the country’s population is at risk). If only 1 percent of the 143 million are not able to buy a home as a result of this data breach because of identification fraud or other credit report problems, that would be about 1,430,000 fewer homes sold, which is about 26 percent of all the existing homes sold in the US last year. To put it in perspective, there was only a 20 percent drop in existing home sales from market peak (2006) to trough (2009) triggering the worst housing market since the Great Depression and wiping out much of the country’s real estate wealth.
Let’s be clear, this is not a wake-up call.
The wake-up call came years ago when consumer data breaches and hacking first got the attention of the public and government. Since, the snooze alarm has continually been reset. According to the Privacy Rights Clearinghouse (privacyrights.org), since 2005 there have been 7,671 data breaches totaling to 1,070,164,636 records breached. The clearinghouse only counts the data breaches that “have a high chance of exposing individuals to identity theft.”
One of the first consumer data breaches to draw government ire and fines was the Choicepoint breach in 2005. The 145,000 consumers affected by that breach pales in comparison to the Equifax consumer data breach. Choicepoint was fined $10million by the FTC as well as having to provide $5million for consumer redress.
Since Equifax’s public announcement of the consumer data breach, Congress and the Consumer Financial Protection Bureau has called for hearings. Of course, hearings take time and are a knee jerk reaction to the damage that has already been done. But the hearings will address the many questions surrounding this incident, such as: how the hack occurred; why it allegedly took Equifax two months to reveal the hack; and why were Equifax executives allegedly allowed to sell company stock before the data breach announcement?
And because of the potential financial and economic impact of hacking and consumer data breaches, the questions that should also be asked include: Why hasn’t government taken steps to protect such information prior this data breach? How will government protect consumers moving forward?
Are consumer data breaches becoming acceptable?
Equifax’s incident is not the first of its kind, and unfortunately, nor will it be the last. But it is the largest breach of private and personal information to date. This incident should make you wonder if the stewards of our private and personal information, along with the government agencies and bureaus, are incapable of or not totally invested in protecting the consumer.
Be vigilant.
Equifax has set up a site to check if you’re affected by this data breach, however many have demonstrated that it does not work properly. It may be best to assume you’re at risk and take necessary actions to protect yourself. The Federal Trade Commission (www.consumer.ftc.gov/blog/2017/09/equifax-data-breach-what-do), the CFPB (www.consumerfinance.gov/about-us/blog/identity-theft-protection-following-equifax-data-breach) offer tips in protecting your personal and private data.
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.
Home sale prices July 2017 (Infographic from NAR.Realtor)
Could it be that the housing market is still recovering from the great recession? Maybe, considering that the housing market has not fully returned to a stable cycle. Consider the inconsistency of annual home sales that seem to surge every three years, the steep home price increases over the last four years, and the lack of move-up home buyers in the market.
Summer is typically the strongest time of year for the market. However, the National Association of Realtors reported that existing home sales decreased during June and July of this year (a decrease of 1.8 percent and 1.3 percent respectively). And July’s Pending Home Sale Index (projecting future sales) decreased 0.8 percent (nar.realtor).
Of course, the NAR’s take on this bump in the road is provided by their Chief Economist Lawrence Yun. Yun described the discrepancy of wage growth to home price gains as a reason for this summer’s home sale slide. He explained that the median home sale price increased 38 percent in the last five years, while hourly earnings only increase 12 percent. He points out the obvious, that sharply increasing home prices are creating an affordability gap, which is pricing many home buyers out of the market.
Yet, according to the NAR, “Home buyer” traffic continues to grow, while the housing inventory continues to shrink (the national home sale inventory during July decreased 9.0 percent from the same time last year).
Yun stated:
The reality, therefore, is that sales in coming months will not break out unless supply miraculously improves. This seems unlikely given the inadequate pace of housing starts in recent months and the lack of interest from real estate investors looking to sell.
Home sale inventory has been an issue for the housing market since its slow recovery began four years ago. Although many will explain away the dearth of homes for sale as a result of strong demand and quick home sales. However, they do not take into consideration that currently for every three homes that sell, there is one that does not. The 1 in 3 fallout is the expectation in a typical market, while there is only a 1 in 10 fallout in a market with strong demand (such as in 2005), so home buyer demand is not exceedingly strong.
Of course, the main reason for the low housing inventory is that home owners are staying in their homes much longer than in the past.
According to the NAR, between 1987 to 2008 home owners stayed in their home an average of six years before buying their next home. However, since 2010, the average time grew to fifteen years! The result is a lower number of move-up home buyers in the market, and a reduced number of homes to sell.
One of missing pieces to a stable housing market has been the move-up home buyer. The move-up home buyer is the buyer who will sell their current house to move into another home. The necessity of move-up home buyers was acknowledged as part of a healthy housing market way back in 1985, when the economy was recovering from the deepest modern recession at that time (Move-up Buyer Provides The Base For A Recovering Housing Market. chicagotribune.com. August 17, 1985). Part of the housing recovery of 1985 was the increased participation of the move-up home buyer. As move-up home buyers “upgraded” to larger home, more affordable modest homes become available to first time home buyers.
Low housing inventory combined with elevated first time home buyer activity has fueled home prices over the last four years. Until move-up home buyers are fully participating in the market, we will continue to see continued lack of inventory, steeper home sale price increases, and unpredictable market cycles.
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.
Imagine a time when you can print a new door knob, a sink trap, a cabinet, or any other house component right in your home. That time is rapidly approaching, thanks to 3D printing technology. 3D printed homes may be your house of the future.
When Sean Mashian recently wrote about the potential of 3D printing technology (The impact of 3D printing on real estate; Cornell Real Estate Review; 2017. 15, p64-65.), he was correct to say that the technology has the potential to change the home construction industry. 3D printing may also be the ultimate affordable housing solution, printing on demand homes and apartments at a fraction of stick-built homes.
Mashian stated:
Currently, 3D printing is most often used in the real estate industry as a way of creating scale models for new developments. As the technology grows and becomes more commonplace, there may be huge changes coming to real estate from this emerging technology…Right now, 3D printing is expensive and still in rudimentary stages. As we learned from the explosion of e-commerce just a decade ago however, a rapidly growing trend can quickly become a way of life. If 3D printing continues its swift rise to prominence, real estate will change and well positioned assets stand to benefit.
But 3D printing is already making an impact on housing design and construction, as Eric Schimelpfenig wrote in 2013 (Design and the 3D Printing Revolution; Kitchen & Bath Design News; 2013, p20). He talked about one New York company that was already manufacturing personalized 3D printed bathroom fixtures. Besides custom faucets, 3D printing tech will also bring us on-demand custom cabinets and other fixtures too. Schimelpfenig said, “that future isn’t far away… and it’s going to be awesome.”
Schimelpfenig’s future is unfolding before us as 3D printing technology is rapidly advancing. The technology has come a long way since the first 3D printer was created by Charles Hull in 1983. Originally, 3D printing was used for 3D modeling. As the technology become cheaper and widely available, 3D printed modeling become a hit with hobbyists. However, the potential in commercial applications didn’t really make strides until the turn of the century.
Although, 3D printing is not yet widely used in home construction, there are companies already 3D printing entire homes. Apis Cor (apis-cor.com) not only builds 3D printed homes, but claims to be the first company to develop a mobile construction 3D printer capable of printing an entire building completely on site.
We are the first company to develop a mobile construction 3D printer which is capable of printing whole buildings completely on site.
Also we are people. Engineers, managers, builders and inventors sharing one common idea – to change the construction industry so that millions of people will have an opportunity to improve their living conditions.
Apis Cor 3D printed a home in Russia last December in 24 hours. The one level home was rudimentary, and had 38 square meters (about 409 square feet) of living space. But this was a demonstration of the flexibility of the 3D printing technology. The endeavor not only showed how a home can be 3D printed on site, but that it can also be done in the cold of winter. The company claims that 3D printed homes can be any shape, and designs are only restricted by the laws of physics.
Apis Cor states that 3D printed homes can also cost less because an onsite 3D printer “frees up resources.” Construction costs are lower because there is a cost reduction in labor, construction waste disposal, construction machinery rentals, tools, and finishings. They claim that one 3D printer “can replace a whole team of construction workers, saving time without loss of quality.”
Original published at https://dankrell.com/blog/2017/09/03/3d-printed-homes/
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.
Since the foreclosure crisis, there have been many enhancements to the mortgage process to deter fraud. Some of these changes include licensing of loan officers and indicating the license on government loans, choosing appraisers randomly, and limiting who can speak with appraisers. Fraud detection before and after settlement has also been improved to thwart criminals. But even with modern advancements, mortgage fraud has been trending upward.
Mortgage fraud schemes are increasingly sophisticated. You may think that that those who are involved in mortgage fraud are career criminals operating in remote areas. However, anyone can knowingly or unknowingly be involved, including real estate agents, attorneys, loan officers, appraisers, etc. And it can happen anywhere, even in your neighborhood. Where are is the most fraud trending? CoreLogic (corelogic.com) tracks fraud risk, and an interactive map can be found here.
Innocent consumers can get caught up in a mortgage fraud scheme too. Historically, home flipping schemes were the traps where unwitting home buyers would get cheated. However, since the foreclosure crises, distressed home owners have been a major target of mortgage modification scams.
The Federal Bureau of Investigation (fbi.gov) maintains that mortgage fraud is typically a material misstatement, misrepresentation, or omission in relation to getting a loan. It is also considered fraud to lie to influence a bank’s decision to approve a loan and/or to get favorable loan terms. The information you provide for your mortgage application should truthful. Even indicating falsely that you will be occupying the property after settlement to get a better interest rate, when your intention is to use it as a rental property, is mortgage fraud.
After the mortgage crisis, the FBI (and other law enforcement agencies) broadened the scope of mortgage fraud to include frauds targeting distressed home owners.
A recent conviction of local fraudsters detailed such a scheme. The co-conspirators claimed that they could help home owners modify mortgages and prevent foreclosure. Evidence presented during their trial showed that the scammers charged their victims upfront and monthly fees that were to be used to pay down mortgages as part of a “principal reduction” plan. Even though the victims received monthly invoices from the scammers showing their mortgage balances being paid down, there were no negotiations with lenders. Many victims lost their homes. The defendants will be sentenced later this year.
One of the most common tactics in mortgage fraud schemes is the use of a “straw buyer.” A straw buyer is often used by con artists as part of their mortgage fraud scheme to make the transaction appear legitimate. Although a straw buyer often knowingly consents to the use of their information to go along with the scheme, they are also sometimes the victim. A Baltimore real estate agent was sentenced earlier this year to twenty-seven months in prison, ordered to pay $735,363.47 restitution, as well as forfeit $962,274.95 for his part of a mortgage fraud scheme. The scheme used naïve and financially limited straw buyers to purchase renovated distressed properties at inflated prices, which the scammers profited. To facilitate the loan process, the conspirators gave false information to loan officers including the intent of buyers to use the property as their primary residence.
Mortgage fraud is not a victimless crime. Besides defrauding banks and their shareholders, mortgage fraud affects the neighborhood and community. Unwitting consumers who have been caught in scams are usually left holding the bag and are foreclosed. Residents of neighborhoods where mortgage fraud has occurred are affected by decreased home values and other effects of vacant and foreclosed homes.
Foreclosure rescue schemes: The perpetrators identify homeowners who are in foreclosure or at risk of defaulting on their mortgage loan and then mislead them into believing they can save their homes by transferring the deed or putting the property in the name of an investor. The perpetrators profit by selling the property to an investor or straw borrower, creating equity using a fraudulent appraisal, and stealing the seller proceeds or fees paid by the homeowners. The homeowners are sometimes told they can pay rent for at least a year and repurchase the property once their credit has been reestablished. However, the perpetrators fail to make the mortgage payments and usually the property goes into foreclosure.
Loan modification schemes: Similar to foreclosure rescue scams, these schemes involve perpetrators purporting to assist homeowners who are delinquent in their mortgage payments and are on the verge of losing their home by offering to renegotiate the terms of the homeowners’ loan with the lender. The scammers, however, demand large fees up front and often negotiate unfavorable terms for the clients, or do not negotiate at all. Usually, the homeowners ultimately lose their homes.
Illegal property flipping: Property is purchased, falsely appraised at a higher value, and then quickly sold. What makes property flipping illegal is the fraudulent appraisal information or false information provided during the transactions. The schemes typically involve one or more of the following: fraudulent appraisals; falsified loan documentation; inflated buyer income; or kickbacks to buyers, investors, property/loan brokers, appraisers, and title company employees.
Builder bailout/condo conversion: Builders facing rising inventory and declining demand for newly constructed homes employ bailout schemes to offset losses. Builders find buyers who obtain loans for the properties but who then allow the properties to go into foreclosure. In a condo conversion scheme, apartment complexes purchased by developers during a housing boom are converted into condos, and in a declining real estate market, developers often have excess inventory of units. So developers recruit straw buyers with cash-back incentives and inflate the value of the condos to obtain a larger sales price at closing. In addition to failing to disclose the cash-back incentives to the lender, the straw buyers’ income and asset information are often inflated in order for them to qualify for properties that they otherwise would be ineligible or unqualified to purchase.
Equity skimming: An investor may use a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer’s name. Subsequent to closing, the straw buyer signs the property over to the investor in a quit claim deed, which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments and rents the property until foreclosure takes place several months later.
Silent second: The buyer of a property borrows the down payment from the seller through the issuance of a non-disclosed second mortgage. The primary lender believes the borrower has invested his own money in the down payment, when in fact, it is borrowed. The second mortgage may not be recorded to further conceal its status from the primary lender.
Home equity conversion mortgage (HECM): A HECM is a reverse mortgage loan product insured by the Federal Housing Administration to borrowers who are 62 years or older, own their own property (or have a small mortgage balance), occupy the property as their primary residence, and participate in HECM counseling. It provides homeowners access to equity in their homes, usually in a lump sum payment. Perpetrators taking advantage of the HECM program recruit seniors through local churches, investment seminars, and television, radio, billboard, and mailer advertisements. The scammers then obtain a HECM in the name of the recruited homeowner to convert equity in the homes into cash. The scammers keep the cash and pay a fee to the senior citizen or take the full amount unbeknownst to the senior citizen. No loan payment or repayment is required until the borrower no longer uses the house as a primary residence. In the scheme, the appraisals on the home are vastly inflated and the lender does not detect the fraud until the homeowner dies and the true value of the property is discovered.
Commercial real estate loans: Owners of distressed commercial real estate (or those acting on their behalf) obtain financing by manipulating the property’s appraised value. Bogus leases may be created to exaggerate the building’s profitability, thus inflating the value as determined using the ‘income method’ for property valuation. Fraudulent appraisals trick lenders into extending loans to the owner. As cash flows are lower than stated, the borrower struggles to maintain the property and repairs are neglected. By the time the commercial loans are in default, the lender is often left with dilapidated or difficult-to-rent commercial property. Many of the methods of committing mortgage fraud that are found in residential real estate are also present in commercial loan fraud.
Air loans: This is a nonexistent property loan where there is usually no collateral. Air loans involve brokers who invent borrowers and properties, establish accounts for payments, and maintain custodial accounts for escrows. They may establish an office with a bank of telephones, each one used as the fake employer, appraiser, credit agency, etc., to fraudulently deceive creditors who attempt to verify information on loan applications.
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.
