Real Estate Information Archive

PART II--RENTAL PROPERTY

Overall, Montgomery rental property provides more tax benefits than almost any other investment. The deductions listed below are the most common, but you are urged to consult with your accountant and/or the IRS regarding your personal situation.

• MORTGAGE INTEREST: This can be a fairly large deduction if you are carrying a mortgage on your rental property. Other interest deductions can be for loans for improving the property and interest on credit cards for goods or services used in a rental-related activity. (Note: It is much easier to maintain records if you keep your personal credit card(s) separate from a business credit card.)
• DEPRECIATION: The actual cost of rental property is not fully deductible in the year in which it is purchased. Residential rental property must be depreciated over 27.5 years.
• HOME OFFICE: If certain requirements are met, you may deduct your home office expenses from your taxable income. This deduction applies not only to space devoted to office work, but also to a workshop or any other home workspace you use for your rental business. A portion of a workshop used in connection with your Montgomery rental property may also be deducted.
• REPAIRS: Usually the costs of repairs to rental property are fully deductible in the year in which they are incurred if they are ordinary, necessary, and reasonable in number. Examples of deductible repairs include repainting, fixing gutters, leaks, or floors, plastering, and replacing broken windows.
• INSURANCE AND LOSSES: You can deduct the premiums you pay for almost any insurance for your Montgomery real estate. The list generally includes fire, theft, and flood for the property itself, as well as landlord liability insurance. (Note: If you have employees, you may also deduct their health and workers’ compensation insurance.) If you sustain losses due to fire, flood, or theft, you will most likely be able to deduct at least part of the loss, depending on the extent of damage and your insurance coverage.
• ADVERTISING: Expenses related to advertising your rental are deductible.
• TRAVEL: If it is necessary for you to travel a long distance for rental activity, you can typically deduct your airfare, hotel bills, meals, etc. Make sure that you claim only those costs directly related to your rental. The IRS scrutinizes these types of deductions carefully, so be sure to carefully document your expenses. If your travel is relatively close, you use your own vehicle, and your travel is related to your rental property, you can either take a standard mileage rate deduction or keep records for related vehicle expenses (gas, upkeep, repairs). To qualify for the standard mileage rate, you must use the standard mileage method the first year you use a car for your business activity. Moreover, you can’t use the standard mileage rate if you have claimed accelerated depreciation deductions in prior years, or have taken a Section 179 deduction for the vehicle.
• LEGAL AND PROFESSIONAL SERVICES: Expenses paid to an attorney for an eviction, a property management company, tax advisors, employees and independent contractors, etc., are often deductible as they are considered part of operating costs.
• EMPLOYEES AND INDEPENDENT CONTRACTORS: Whenever you hire anyone to perform services for your Montgomery rental property, you may deduct their wages as a business expense. Examples include a resident manager, cleaning service, landscaper, remover of snow or trash, and the like.

Tax season is upon us and now is the time to start identifying house-related tax deductions and gathering the necessary documentation for them. The following information is current as of now, but I urge you to check with your accountant, visit the IRS website, or call the IRS assistance line at 800-829-1040 for verification and/or specifics.

PART 1--PRIMARY RESIDENCES

• MORTGAGE INTEREST: As you know, much of your mortgage payment goes toward paying off interest, especially in the early years. All this paid interest, on debts of up to $1 million on a joint return, is tax deductible. The amount you have paid is reported to you on a 1098 form sent by your lender and should be reported by you on line 10 of a Schedule A form (itemized deductions).
• HOME EQUITY LOAN INTEREST: Interest paid on home equity loans (second mortgages, equity credit lines, and some refinancing) is fully deductible up to $100,000--regardless of how you use the proceeds. If you use some or all of the proceeds for home improvements, that amount can be added to the $100,000. Be sure to carefully document all improvement costs. Note: The limits mentioned apply only as long as all debt secured by the residence does not exceed the fair market value of your Montgomery real estate.
• POINTS: The points you paid to the lender at closing are deductible for the year in which you paid them. This amount is also reported to you on the lender’s 1098 form. See publication # 936 from the IRS for more specific information, especially about points paid for refinancing.
• PROPERTY TAXES: Montgomery real estate property taxes are fully deductible.
• PRIVATE MORTGAGE INSURANCE: If your mortgage was taken out between 2007 and 2010 and your joint income is below $100,000, you can deduct any premiums you paid. Note: This is the last year that you can take this deduction.
• HOME OFFICE: If you use a portion of your home exclusively for business purposes, there are certain costs you can deduct. Such expenses may include a percentage of your utilities, repairs, qualified insurance premiums, and even property taxes. The IRS has specific requirements for these deductions. Consult IRS publication #509.
• SELLING YOUR HOME: In addition to being able to pocket as much as $500,000 tax free in profit if you file jointly and have lived in the piece of Montgomery real estate for two of the past five years, you can also deduct from your taxable capital gain many costs which you incurred while selling the property. Such costs usually include realtor commissions, legal and inspection fees, and title insurance. In addition, cosmetic repairs and improvements you made to the home within 90 days of the sale are also deductible.

TAX CREDITS: These are even more beneficial than deductions and fall into two categories for the 2010 tax year.

        1. HOMEBUYER TAX CREDIT: Buyers who purchased a house before May 2010 and qualified for a Homebuyer Tax Credit may claim that credit by mailing in (you cannot file electronically) your return with IRS Form 5405. Members of the military, foreign service, and intelligence communities have until April 30, 2011, to purchase a home and be eligible for this credit.

        2. HOME ENERGY TAX CREDIT: If you installed qualified energy-efficient systems, windows, and/or appliances in your home before December 31, 2010, you may be eligible for a tax credit of up to $1500. Again, you may not file electronically, and you must complete and attach IRS Form 5695 to your return.

FORGIVEN DEBT: Mortgage debt to buy a principal residence that is forgiven (as in a short sale, foreclosure, or debt restructuring) is no longer taxable in many cases. Restrictions apply for investors, equity lines, refinancing, etc. See IRS Publication 4681 for detailed information and use IRS Form 982 for filing.

Final Estimate of Value

Once the appraiser has applied the three approaches to the appraisal of your Montgomery real estate, he/she must decide which of them is the most reliable and most closely follows the actions of the market. For residential properties, the Sales Comparison Analysis is typically the most reliable. For commercial or industrial properties, all three techniques (or portions of one or more) may be reliable. The appraiser reconciles the various aspects of each technique into what he or she believes produces a credible and supportable opinion of value. The result is the Final Value Estimate, which, depending on the needs of the client, may be expressed as a single number or a range of value.

What If It's Low?

If the appraisal of your Montgomery real estate comes in low, that doesn’t necessarily mean that you can’t complete the transaction. Your options to rectify the situation included the following:

• You can make up the difference in cash.

• The seller can lower the price.

• The seller can carry a second mortgage for the difference.

• You can order a second appraisal

• You can supply a list of comparable sales and ask for a review of the appraisal.

What Does It Include?

Under the Equal Credit Opportunity Act, your lender must furnish you with a copy of the appraisal of your Montgomery real estate if you request one in writing. Appraisals are very detailed reports, but they should include the following:

• Details about the subject property, along with side-by-side comparisons of three similar properties.

• An evaluation of the overall real estate market in the area.

• Statements about issues the appraiser feels are harmful to the property's value, such as poor access to the property.

• An estimate of the average sales time for the property.

• What type of area the home is in (a development, stand alone acreage, etc.).

Do remember that an appraisal of your Montgomery real estate is not a home inspection and cannot be considered a guarantee that the property is in good condition. Appraisers make notes about obvious problems, but they do not perform tasks done by certified home inspectors.

A vital step in the home buying process is a professional appraisal of the Montgomery real estate you wish to purchase. An appraisal is an objective analysis of the property’s market value and is required by lenders to make certain that the property is worth at least as much as the amount of the loan you are requesting. Your personal approval is accomplished early in the loan process, but final commitment usually hinges on a satisfactory appraisal, and the lender will study the completed report carefully before determining whether or not the piece of real estate qualifies to serve as security for your loan.

Appraisers are experienced and knowledgeable professionals whom are licensed by the state to estimate real estate values. They must follow rules set forth in the Uniform Standards of Professional Appraisal Practice (USPAP). Once the appraiser has determined the highest and best use of the Montgomery real estate, i.e., the most profitable utilization of the property, he/she will then go about estimating the home’s market value through the use of three basic approaches.

The Cost Approach

The Cost Approach: a set of procedures through which a value indication is derived by estimating the current cost to construct a reproduction of the existing structure, deducting the accrued depreciation and adding the estimated land value. The principle of substitution is the basis of the cost approach, in that no rational person will pay more for a property than the amount for which he can obtain, by purchase of a site and construction of a building, with undue delay, a property of equal desirability and utility. Appraisers typically make use of published cost figures when calculating the cost to construct a building. These sources of data are available online and in printed form. Land value is determined by a comparison of the subject site with other similar sites that have recently sold.

The Sales Comparison Analysis

While cost and income considerations are important, the Sales Comparison Analysis is regard as the industry standard for residential properties. Appraisers get to know the neighborhoods in which they work. To assure that any effects (positive or negative) of its location will be reflected in the sales comparison analysis, the appraiser should select comparable sales from within the same neighborhood whenever possible. If this is not possible, the appraiser may need to make "neighborhood" or "location" adjustments for any sales that are not subject to this same neighborhood characteristic.

The same is true of other aspects of your Montgomery real estate, such as the size, quality and features of the buildings. Differences that the market reacts to are adjusted in the comparable sales to reflect what is present in the "subject" property that is being appraised. If a sold home features a fireplace and the subject does not have one, but the market considers a fireplace to be important, the appraiser make a downward adjustment to the sale price of the comparable sold home because it did have one and the property being appraised does not. The reverse is true when the home being appraised has a feature that other homes that have sold do not have. The basic question is what features are present in a property that buyers are willing to pay extra to get, or will pay less if it they are not there? When differences exist, the appraiser must determine how much a typical buyer will add or deduct for it.

The Income Approach

This technique is typically used in appraising income-producing properties. It is a technique whereby the gross or net income of an income producing property is capitalized at a rate which provides a return of interest on the money invested and a recapture of the capital investment in the improvement over a reasonable term of the investment. Capitalization is accomplished for simple residential properties such as rented homes or duplexes by the use of a Gross Rent Multiplier. This involves multiplying the total monthly rent of a property times a number (GRM) found by dividing the sale prices of similar properties by their monthly rents. Commercial and industrial properties involve more complex formulas to determine their value in the income approach, such as cash flow analysis.

What's your Montgomery real estate worth?

So you’ve finally found the piece of Montgomery real estate you’ve searched for months! What next? Before you sign a contract, make sure it contains a home inspection contingency, a clause stating that your offer is contingent dependent on the results of a home inspection.

A home inspection is of primary importance because it allows you to obtain an unbiased professional assessment of all the components of the property. It is a step necessary for you to decide if you will stay with your original offer, renegotiate based on documented issues and needed repairs, or back away from the purchase of that piece of Montgomery real estate altogether.

Selecting a qualified inspector is vital. Your Realtor can provide you with the names of reputable firms, or you can go online to research services offered and credentials. Specific information you should know about the inspector and the inspection process included the following:

      1. Credentials and background: Is he/she licensed in your state? Is he affiliated with any respected organizations such as the American Society of Home Inspectors? Membership in these groups requires that inspectors follow strict guidelines about ethics and continuing education. Be sure to inquire about experience and training. A construction-based background is a plus, as is attending a college with an emphasis on construction or attending a home inspection school.

    2. Fees: Although you don’t want to spend money unnecessarily, this is not a place to scrimp. Your house purchase is a very large investment, and you need to know as much as you can about it. Do remember that money spent on a quality inspection now will be returned to you by avoiding unexpected costly repairs in the future.  The price of an average inspection varies depending on the age, size, and condition of the house. Some inspectors base their fees on the list price of the Montgomery real estate. Get estimates from all you contact, but don’t assume that the lowest priced is the best choice for you.

    3. Type of report: Some inspectors use computer generated onsite reporting, some a handwritten checklist, and others a computer generated report you won’t receive for few days. By and large, the last option is in your best interests since it gives the inspector time to review his findings, look up any questions he may have, and send you a detailed, descriptive report. He should also be able to provide you with pictures of the problem areas. Feel free to ask him for a sample report.

    4. The actual inspection: Make sure that you will be allowed to accompany the inspector and ask questions as he checks out the house and grounds. This is a good time for you to become familiar with the home‘s inner workings, locate shut-off valve and breaker panels, and pick up tips on operating and maintaining different systems.

A thorough home inspection of an average home should take between 2 ½ and 4 hours and should cover both internal and external components of the property. Major items examined should include:

            a. Siding, foundation, brickwork, etc.

            b. Insulation

            c. Deck, roof, garage

            d. Attic/basement

            e. Driveway and walkways

            f. Electrical system

            g. Plumbing

            h. Doors and windows

            i. Heater, air conditioner, and hot water heater

            j. Ceilings, walls, and moldings

Having your Montgomery real estate inspected will allow you to make an informed decision about the purchase of a house and will provide you with both essential knowledge and peace of mind.

Montgomery Real Estate For Sale: 2221 Allendale Place Montgomery, AL 36111

MLS#280698

Rooms with a view! Wow, talk about sight lines...step inside the double lead glass front French doors of this Allendale home and look right through to the magnificent swimming pool and beautiful back yard! Spacious living room has huge picture window across the back with stunning views. In addition to the formal living room with marble fireplace, there is a large real wood paneled den/family room. The galley kitchen has cool custom cabinetry and built-ins, and boasts a sub-zero refrigerator. Front guest bedroom is large and has en-suite bathroom. Master bedroom is HUGE and has glass doors to pool patio, as well as a spacious updated bathroom. The real jewel in this crown is the back yard...recently painted oversized gunite pool, extensive brick patios, soaring trees, brick walls, mature landscaping, and an outside pool bathroom! 

Learn more about 2221 Allendale Place and other Montgomery Real Estate by visiting HatTeam.com.

Search all Montgomery Real Estate and homes for sale.

Nearly eight out of 10 Americans believe buying a home is a good financial decision, despite ongoing challenges with the economy and housing market. That’s according to the 2010 National Housing Pulse Survey, an annual report released by the National Association of Realtors®.

The survey, which measures how affordable housing issues affect consumers, also found job security concerns to be the highest in eight years of sampling, with 70 percent of Americans saying that job layoffs and unemployment are a big problem in their area; eight in 10 cite these issues as a barrier to homeownership.

Despite economic uncertainty, 68 percent of those surveyed still believe now is a good time to buy a home; while that number is down from last year (75 percent), it’s up from 2008 (66 percent) and 2007 (59 percent). Lower home prices and record-low mortgage interest rates may be attracting buyers to the housing market – more than one-fourth of renters said they are thinking more about buying a home than they were a year ago. Sixty-three percent of renter respondents said that owning a home is a priority in their future, and nearly 40 percent said it was one of their highest priorities.

Lower home prices have improved affordability. Let’s take a look at October home sales and see how improved affordability is affecting our local housing market.

Midtown Montgomery real estate sales statistics for October show the average sales price decreased by 18% to $106,826 while the number of homes sold decreased by 24% from 2009.  Median sales prices dropped 43% and market times increased 14% or 7 days in 2010.

For the latest Midtown Montgomery real estate market conditions in your area, please call me at 800-HAT-LADY or visit HomesForSaleInMontgomeryAlabama.com.

Information is provided by the Montgomery Area Association of Realtors and is deemed accurate but not guaranteed.

As the foreclosure saga continues, the situation becomes more and more complex, compounded in part by revelations of additional irregularities and by the outcry for congressional intervention. Obviously, the current snarl of accusations, litigation, and investigations is having a negative effect on Montgomery real estate.

Demand Stalled

Although the number of foreclosures continue to rise, the market for such homes has stalled, with many houses being removed from the selling market. In addition, would-be buyers of short sales and foreclosed properties are hesitant to purchase Montgomery real estate which might have dubious or incomplete documentation, thus decreasing the number of loan applications being received by lenders. Recent buyers of those types of properties are also affected, as they are often uncertain that they have a clear title to their newly purchased real estate. Their only recourse at this point is to go to another title company and request a title insurance quote.

Resolutions

So what is being done to resolve these problems? Recently the attorneys general of all fifty states agreed to conduct a serious joint investigation of the scandal. In addition to trying to reform the foreclosure system, they also have a goal of forcing banks and lenders to institute widespread loan modifications to help beleaguered homeowners. They intend to negotiate with lenders to create a nationwide fund to compensate borrowers who can prove they lost their home in an improper foreclosure, and they hope to force lenders to dedicate more funds to modifying the loans of homeowners who have missed payments and to bar those lenders from foreclosing while such modifications are being negotiated.

In addition, the Congressional Oversight Panel has now entered the foray, echoing concerns of consumer advocates and financial analysts, as has the Senate Banking Committee, chaired by Senator Chris Dodd. The latter body will hold hearings on the matter and is urging all parties involved to work together to find a solution for the housing crisis without delay.

And last, but certainly not least, impacted homeowners have begun to fight back in earnest. They are filing lawsuits which accuse lenders of failing to properly vet documents, foreclosing on homes already in a modification program, and a myriad of other unjustified and even illegal actions. And while these suits may provide necessary recourse for the injured parties, they will also delay those foreclosures which are actually justified.

Not Going Away

It is evident that the foreclosure fiasco is not going away and that there is no quick fix to reassure owners of Montgomery real estate, but at least the situation continues to be publicized and investigated, so an eventual end may be in sight. Stay tuned…

A new category of homeowners has emerged in recent months--those who voluntarily walk away from their mortgaged property. The rising ranks of this group are not comprised of people who can’t afford their mortgage payments and thus go into foreclosure; rather these defaulters are homeowners who choose to let their Montgomery real estate holdings go rather than continue to pay on a home which is worth less than what they owe.

Such a phenomenon is new to the United States, where proud homeowners of the past would make every sacrifice necessary to keep their home--and their dignity--and it is a thorny issue in terms of moral responsibility and finances.

The Mortgage Bankers Association has voiced concern about the message these “walkers” send to their families and the community, and even President Obama has urged homeowners to follow the responsible course and honor their financial obligations. Such words too often fall on deaf ears, however, as anxious owners of Montgomery real estate watch lenders unload their mortgages with impunity and private businesses practice “strategic default” by letting a company fail rather than continue putting money into it.

One prevailing viewpoint is that homeowners must operate under a moral constraint while lenders and businesses are free to maximize their profits--an unfair and unbalanced system in the eyes of the “walkers.”

There are, of course, many social, moral, and financial arguments against voluntary default. An increase in foreclosures in a community depresses the value of the homes and drives prices down, thus making your neighbors suffer the consequences of your choice. In a May survey conducted by the Pew Research Center, nearly 60% of Americans believe it is ethically and morally wrong to default on a mortgage contract with a lender. Perhaps having a greater impact, however, are the financial repercussions of simply not paying the mortgage on your Montgomery real estate, including the following:

1. Your credit score will suffer, thus making it extremely difficult to get loans for a car or for another home, renting a house, and possibly having a negative effect on insurance rates and job possibilities.
2. Debt consequences: In many states the lender can get a deficiency judgment against you to recover the funds you did not pay. The term of their ability to do so may be as long as ten years.
3. You will lose your tax break. Property taxes and mortgage interest often give you a sizable tax advantage in terms of deductions, which you will no longer have.
4. Returning to the housing market may prove quite difficult. Although renting a home is a tempting solution, more and more landlords are hesitant to rent to someone going through foreclosure. Buying another property presents another obstacle. With stricter requirements being placed on loan current loan applicants, a “walk away” will not have an easy time overcoming his poor record with lenders.

If you are considering walking away from your current home, do weigh carefully the consequences of doing so. You can calculate the financial impact of such an action here.

Although the term “foreclosure” generally has a negative connotation, for many home buyers/investors the purchase of such a property can be attractive due to the discounted price. Because a foreclosure sale frequently is more time-consuming and often offers less buyer protection, it is necessary to take the following steps to assure that the process will go as smoothly as possible.

Identify foreclosure properties: First, check with a REALTOR who is familiar with such offerings in the Montgomery real estate market. Then ask your bank about any holdings they may have. A third source is the web. Simply enter REO’s and the name of a specific lender, such as Bank of America, Citibank, Chase, etc. Other available sites charge between $20.00 and $50.00 per month to search foreclosures on a continuing basis for potential buyers (see www.BankHomesDirect.com or www.RealtyTrac.com ).

Protect yourself:

• Get a home inspection. Many foreclosed homes are in poor condition and may be without appliances and utility services. Often these properties have been vacant for long periods of time and have been damaged by poor weather conditions and no upkeep. The lender offering the home hasn’t lived in it and is therefore unable to make a full disclosure about its true condition. For these reasons, a complete inspection by a qualified professional is crucial.

• Obtain title insurance. This will protect you from any unforeseen liens against the property or any claims by previous owners.

• Hire an attorney. You will benefit from the expertise of a lawyer familiar with foreclosures. Legal services provided may include drawing up a contract with protective escape clauses or representing your interests in case of a dispute. Go to www.BestPropertyLawyer.com to find a Montgomery real estate attorney,

• Use the services of a REALTOR experienced in dealing with foreclosures. A knowledgeable realtor will guide you through a sometimes complicated process, prevent you from making mistakes, and save you headaches and frustration.

Follow the requirements of the lender in a timely manner: Expect the lender to ask for a full disclosure of your finances; some may even require you to get mortgage approval from their institution. At the least you will have to supply proof that your financing is guaranteed. It is also recommended that you submit a clean offer, keeping in mind that most foreclosure properties are offered “as is” and at a 20%to 30% discount. Bargaining for a better deal may result in no deal at all.

Learn more about Montgomery real estate and foreclosures.