Destin-Online.com Rotating Header Image

destin real estate

A reader asks … Are short sales a better deal to buy than bank foreclosures?

Oftentimes yes. Lenders can be more motivated to approve a short sale as it can save them time and money as opposed to the foreclosure path.

However, according to RealtyTrac most major lenders are accelerating their foreclosure actions this year to the tune of about 25%. This more aggressive foreclosure activity is expected to result in a 60% increase in short sales.

While this may not necessarily bode well for property values in the near term, the market cannot fully recover until the distressed and shadow real estate inventory is absorbed.

For more on this topic, visit www.DestinFloridaRealEstate.com or email us at smith@realtor.com

5 Major Banks Roll Over

Under an agreement between the U.S. Attorney General’s office and five major U.S. banks, e.g.,  Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial, the principal amount of mortgage loans for nearly 1 million homeowners will be reduced.

The agreement, worth an estimated $25 billion is also said to include a provision that would pay approximately $2,000 each to about 750,000 homeowners who may have been improperly foreclosed upon, particularly during the “robo-signing” period in which foreclosing lenders were accused of falsely and improperly executing foreclosure documents.

$10 billion is supposed to be earmarked for mortgage principal reduction. This may sound like a big number, that is, until you divide it by the number of homeowners affected. At 1 million targeted homeowners, this only equates to a reduction of about $10,000 per mortgage. As it is extremely rare to see a mortgage that is underwater by anything less than $50,000, this is an incidental gesture.

At least $3 billion is supposed to be earmarked for “refinancing”.  Again, if we do the math, this would only equate to 15,000 mortgages at $200,000 each.

According to the AG’s statement today, this settlement is “to ensure justice, and to recover losses, for victims of reckless and abusive mortgage practices”.  This agreement does none of those things. It certainly does nothing to ensure justice. It simply puts to rest a slew of politically motivated lawsuits in 49 of the 50 states. Oklahoma is the sole hold-out.

With 2.2 million mortgages said to be in some stage of foreclosure, today’s announcements look like little more than window dressing.  When the AG says “recover losses”,  the question becomes, recover losses for whom?  And who are these “victims of reckless and abusive mortgage practices”? No one put a gun to anyone’s head to force them to borrow money. No one forced anyone to take out a second mortgage or a cash-out refinance on their primary residence and then spend the money on condos, cars, boats, vacations  and bobbles.

This position on the part of our government serves to distract from the needs of the many responsible individuals who have become un or under-employed in this economic cycle.   Homeowners who are in need of mortgage assistance through no direct fault of their own. These responsible individuals are now being lumped into the same hamper as the so-called predatory buyers and mortgage abusers.  Is this just another way to reward those who abuse our system while punishing their responsible counter-parts?

In retrospect, it is clear that many banks were reckless and many borrowers were reckless.  The only difference between them? The banks can’t register to vote!

Question: Will I get a 1099 at the end of the year if I short sale my house?

Answer:  If your lender forgives part of the debt against you, they are supposed to issue a 1099 to alert you and the IRS of the canceled debt which is theoretically taxable. However, in the case of your principal residence (resided in for at least 2 of the last 5 years) you may be able to exclude up to $2 million of debt forgiven under the Mortgage Forgiveness Debt Relief Act of 2007.  But do not wait … The Act expires at the end of 2012 if not extended by Congress.

Are loan fees going up on Fannie Mae mortgages next year?

Yes. Maybe. Our elected Mensas in the U.S.  Senate, in an effort to aid and assist an ailing real estate industry (ha!),  voted to increase mortgage fees on newly originated Fannie Mae, Freddie Mac and FHA loans. This increase will equate to $180 per year on a $200,000 mortgage, and will last for the life of the loan.  This new tax is said to be necessary to extend the much publicized “payroll tax cut” for an additional two months.  Okay, then what? And besides, who ever said that intelligent life exists in Washington?

 

Congress may very well choose to reject this latest Senate proposal, in which case the payroll tax cut may be allowed to expire. If so, expect a cut in your take-home pay come January 1st.

Florida Sales on the Rise

Florida businesses posted record gross sales of nearly $80 billion for the month of September, the most recent month for which figures are available. This increase represents the first such monthly record since the “Great Recession” began.  While increases were noted through most urban areas of the state, conspicuously lagging was SW Florida. According to the Herald Tribune, Sarasota and Manatee Counties reported some of their worst performances since June 2011 and February 2010 respectively.

 

Northwest Florida counties posted large gains in bed tax receipts for October. Okaloosa, Santa Rosa and Walton counties reported collection increases  of 14.7, 10.9 and 42.7  percent respectively.  According to the Okaloosa County Tourist Development Council,  Okaloosa had the best October ever. Bed taxes for Okaloosa County are primarily generated through hotel and condo short term rentals in Destin and Okaloosa Island.

To Be, Or Not To Be?

State Senators Don Gaetz and Greg Evers, joined by Reps. Brad Drake, Matt Gaetz and Doug Broxon addressed approximately 50 constituents at NW Florida State College in Niceville on Thursday night to field comments and concerns with regard to the proposed beach re-nourishment project on Okaloosa Island.  At the end of the day, the group voted to oppose the project.

 

Opponents of course believe that the sand to be used to shore up Okaloosa Island beaches will be too dark and will diminish the quality and desirability of the beach. Proponents believe the $12 million re-nourishment project is necessary to prevent future encroachment and erosion along the 2.8 mile stretch.

 

In September, an administrative judge agreed with the opponents and  recommended that DEP reject the beach re-nourishment project on the basis that the sand would be “too dark, have too many shells and have too high a carbonate content”.  The Okaloosa County Commission has supported the project all along. In fact, they recently filed a response in opposition to the judge’s decision. That is, until this week, when Okaloosa Commissioner Bill Roberts said the issue  should be dropped “because it has become too divisive”. An answer from DEP was otherwise expected by Dec. 29th. 

 

With Roberts about-face on the issue, for better or worse, the beach restoration project on Okaloosa Island is effectively dead. A public hearing will be held on January 17th to officially pull the plug. How this may affect future re-nourishment projects in the area is anyone’s guess.

 

 

Gambling in the Sunshine State

The Florida Supreme Court will be hearing an appeal on whether or not the Legislature can approve slot machine operations anywhere in the state.  An appellate court decision said that the Legislature can approve them, but the legislation is being opposed by moral grounders, competing business interests and some rather influential corporations such as Walt Disney World. Among other claims, opposition expresses the fear that casinos may tarnish Florida’s family-friendly image.

 

If the ruling survives the Florida Supreme Court challenge, lawmakers may  begin permitting casino resorts literally anywhere in the state. Some Bills have already been filed for next year’s legislative session, which will begin January 10, 2012.  The Bills could serve to license three casino resorts in South Florida.

 

There does not seem to be much of a push to establish further gambling in NW Florida. (We already have the Ebro Greyhound Park and Gambling Room near Panama City.) Although, Ft. Walton Beach was quite the gambling mecca during the 40’s. The area was gaining so much unwanted attention over the illegally operated casinos that the Florida governor actually removed the Okaloosa County Sheriff from office and appointed someone to crack down on these activities. Some of the old timers had joked that Ft. Walton Beach at the time had more neon than any other city east of the Mississippi River.

Garbage is a Dirty Word

Garbage can be a dirty word around Destin. With 15% of the voting population signing a petition to suspend an ordinance passed by the City Council, Destin is back to the drawing board with regard to garbage collection. At issue was a provision that would have placed residents’ trash bills on their annual property tax bill. Opponents argued that the city did not have the authority to take such an action to begin with. Other factors were that not all residences In Destin are occupied full-time. Some owners
would have to pay for 12 months of service for properties that are occupied for perhaps a couple of months or less per year.  

 

Also at odds with city residents was the limited discount that would have resulted. Waste Management stood to receive a large increase in both revenues and profit. Revenues because the city would bill out each and every residence.  100% of all homes and condos within the city limits would be assessed. Profit because Waste Management would no longer have to bill out 5,000+ invoices and quarterly stickers for the individual cans. Additionally, Waste Management would no longer have any billing delinquency issues such as they have now.  

 

What is next for garbage collection in the World’s Luckiest Fishing Village? I would suggest that if garbage collection is our biggest challenge next year, 2012 should be a very good year!

 

 
 
 

 

A Divorce Decree Does Not Convey the House!

Even though a divorce decree may state that one spouse is required to relinquish their interest in favor of the other, a former spouse may still be required to sign when the property is resold.

 

In order to convey the property to a new owner, the title insurance underwriters will require more than just a copy of a divorce decree. The underwriters will require that the relinquishing spouse sign a quit-claim deed at closing, if they had not already done so. This is often overlooked in divorce situations and has been known to cause unnecessary delays when it comes time to resell.

 

We recently experienced a closing delay of more than one month because a former spouse claimed to be in China and could not get to the Embassy to have the deed witnessed and notarized. So far as we know, this person may have actually been in Omaha. The emails could have been coming from anywhere. Excuse after excuse and the clock kept ticking. We eventually got it closed judicially, but having to deal with a bitter former spouse on the day of closing is not an enviable position.

 

 

The moral to the story? Get the quit-claim deed signed simultaneously with all other divorce related documents!

 

For information on Destin Florida area short sales, bank foreclosures and general real estate topics, please visit www.FloridaBrokers.com or email us at smith@realtor.com

October is Fire Safety Month!

Yes, it’s that time of year again. October is a great time to change out all the batteries in your smoke and fire alarms! According to organizations such as the National Fire Prevention Association and FireSafety.gov, almost all home fires are both preventable and survivable. Changing your smoke and fire alarm batteries annually and replacing alarms that are more than 10 years old will greatly improve your odds!

 

For many great tips and guidelines pertaining to fire safety, please visit http://www.nfpa.org  and http://www.FireSafety.gov

 

For information on short sales, bank foreclosures and general real estate topics, please visit www.FloridaBrokers.com  or email us at smith@realtor.com