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Home Base

A publication of
the American Homeowners Grassroots Alliance and the American Homeowners Foundation
  

 www.americanhomeowners.org


April, 2010



In this issue of Home Base:


New Fed Plan and Bank Program to Help Homeowners
Spring Home Buying and Selling Tips
Now You Can Calculate the Benefits/Costs of the New Health Care Law
Financial Services Regulation Moves Forward
Internet Commerce: 10 Ways to Protect Your Money
IRS Announces New 2009 Tax Reporting Rules


New Fed Plan and Bank Program to Help Homeowners

Both will help reduce mortgage balances and foreclosures.

Two late March developments should help reduce the swelling ranks of homeowners who are seriously delinquent on their mortgages but have yet to lose their homes. With up to 1/4 of homeowners owing more on their mortgage than their home is worth, the threat of a new wave of foreclosures could reverse nascent signs of stabilization in many housing markets. Compounding the risk are signs that more homeowners who are deeply underwater are preparing to walk away from their home and their mortgage obligations.

According to a third quarter 2009 TransUnion study of 27 million anonymous consumer records, more homeowners are paying down their credit card debt, at the same time as more are also becoming delinquent on their mortgage. In cases where both are occurring in the same household, it could be a sign of a planned “strategic default.” In some states, a mortgage lender’s only recourse is to reclaim the property. In any case the homeowners’ long term credit damage, and the time it would take to rebuild their credit, would be mitigated if they keep up with their credit card payments and all of their other credit responsibilities.

President Obama’s plan would require lenders to reduce or eliminate monthly mortgage payments for three to six months for many borrowers who are unemployed. With unemployment now over 10%, job loss has recently become the major cause of mortgage defaults. Monthly mortgage payments could be no more than 31 percent of the homeowner’s income. The temporary forbearance will give unemployed homeowners time to find new jobs, although some who aren’t successful will ultimately lose their homes.

It would also provide financial incentives to lenders to cut the mortgage loan balances if the amount is 15 percent more than their home is worth. If the homeowner keeps up with their payments for three years thereafter, the amount set aside would be forgiven. The existing Home Affordable Modification Program (HAMP) also provides incentives to lenders to reduce homeowners’ monthly payments, but lenders have reduced those payments by temporarily reducing interest rates rather than reducing mortgage balances in almost all cases.

The HAMP program has not been strongly supported by mortgage lenders and hasn’t been very successful in preventing re-defaults either. Many economists believe that the re-defaults were frequent because the revised payments were still higher than homeowners with reduced incomes could afford. Another possible explanation is that many of those homeowners subsequently realized that it would take many years before they could regain any equity in their home, so there was little incentive to keep up with the new payments anyway. The new Administration plan will be funded out of $50 billion previously approved for foreclosure relief, so fortunately no new Congressional funding will be needed.

The new program will also increase the amount the government will contribute to help modify second mortgages. Second mortgages, such as piggyback or home equity loans, are a problem because first mortgages have priority for repayment, and many second mortgage holders currently have little or no equity in the home. As a result, many second mortgage holders have been unwilling to support mortgage restructuring. The program will also provide incentives for mortgage lenders to support more “short sales.” In a short sale the lender agrees to accept less than they are owed to satisfy the outstanding mortgage balance. This makes it possible for many distressed homeowners to sell their homes, since many would otherwise have had to come up with cash they don’t have to make up the difference. In addition, the Federal Housing Administration will help those underwater borrowers who have kept up their mortgage payments refinance into more affordable loans.

In a separate development, Bank of America Corp. announced that it will reduce mortgages by up to 30% for troubled homeowners beginning in May. An estimated 45,000 homeowners may have their mortgage balances reduced by an average of $62,000.This is the first instance of the nation’s largest mortgage lender cutting mortgage balances on a widespread basis. A few other lenders have previously cut mortgage balances on a case-by-case basis. Bank of America’s decision was made under pressure by Massachusetts Attorney General's office, which had been threatening a lawsuit against Countrywide Financial for its lending practices (Bank of America Corp. acquired Countrywide in mid-2008). Still, it is an important recognition by a major mortgage lender that mortgage balance reduction is a wise and necessary step in many cases in order to prevent foreclosures and greater losses. It will hopefully presage similar programs by other lenders.

To qualify, borrowers must have received their original loan through Countrywide. Their mortgage balance must be more than 120% of their home’s market value, they must be two months or more overdue, and they must demonstrate that they cannot afford their current payments. The amount forgiven would be prorated over a three to five year period if the homeowner makes their payments in a timely manner, and the process would halt if the home appreciates to where the homeowner regains equity.

Although both of these programs are positive developments, they are temporary and there is no way to gauge in advance how effective they will be. Separately, members of the House of Representatives are urging Treasury Secretary Timothy F. Geithner to support the creation of a new federal mortgage lending entity similar to President Franklin D. Roosevelt’s Home Owners' Loan Corporation, which was created to refinance homes during the New Deal. With the future of Fannie Mae and Freddie Mac in doubt, and no legislation currently in place to prevent another mortgage crisis from occurring, some steps along that line are in order.


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Spring Home Buying and Selling Tips

Tiz the season for real estate transactions – make yours successful.

Buying or selling a home is a complex and time consuming transaction, and both entail considerable risks. There are time honored and wise steps that you should always take (see the American Homeowners Foundation’s Top Ten Home Buyers Tips and Top Ten Home Sellers Tips). Because of current market conditions and recent changes in the residential real estate market there are additional factors home buyers and sellers should also take into account.

Both should be aware of a new study that shows that the vast majority of home buyers and sellers were dissatisfied with their real estate agents. A recent study by the California Association of Realtors reported that in 2009 only 22% of respondents would use the same agent again. In 2004, 79% said would use the same agent again. According to the study, 64% of sellers said “the house took too long to sell” and 51% said “we didn’t get the price we wanted.” No doubt part of the problem is related to recent market conditions, but that alone doesn’t seem enough to explain such a dramatic reversal in consumer perceptions.

On the buyers side, continuing disputes over the practice of dual agency, where one agent and broker represents both the buyer and seller simultaneously, almost certainly also contributed to the dissatisfaction. Some buyers also likely blame their agents for referring them to mortgage brokers or lenders that gave them loans that later caused financial problems. In both cases the dramatic change in public perception underscores the importance of careful and methodical selection of real estate brokers and agents.

In many areas of the country there are more and better opportunities for buyers than ever before. There is an oversupply of homes and buyers have a better chance of getting what they want at an attractive price. The Internet has also made the buying process much easier and convenient, and it is now used by 90% of home buyers according to some studies. Prescreening homes on real estate websites makes it easier to weed out homes that aren’t a good fit, and applications like Google’s street view maps let you drive through entire neighborhoods online from the comfort of your home or office. Online mortgage rate information and mortgage rate calculators simplify that part of the process as well.

Smart-phone applications that provide information to mobile home buyers are also expanding rapidly. The apps' functions often combine global-positioning technology, enabling home buyers to get information on nearby current homes for sale, recent sales, open house locations, neighborhood crime statistics and other important information on the fly. All of these technology developments leave home buyers less tethered to real estate agents, saving both of them time. Some buyers are also saving money as growing numbers of buyers agents are willing to rebate part of their commissions back to the home buyers. This is a reflection of their reduced workload and the scarcity of buyers in many areas. State real estate associations have managed to outlaw such rebates in some states, but the tide may be turning. New Jersey repealed its anti-rebate law earlier this year, and others will hopefully follow.

The current market conditions are presenting new challenges for sellers, particularly in areas with an oversupply of homes. With more choices, the majority of buyers see less reason to buy a home that needs a lot of work to meet their expectations. This doesn’t mean sellers have to bring their home completely up to neighborhood home standards, but it does mean that beyond some point their home will be of interest to only a very small segment of an already limited population, even if they price the home accordingly.

For that reason it is more important than ever that sellers make sure their home does not have so many negatives that it is a nonstarter to most buyers. However, it is also important not to spend any more than necessary to bring it up to snuff, because many improvements cost more than they return in the form of a higher selling price. Don't try to create a design showpiece because most buyers will want to make some changes no matter what the sellers do. Some improvements may be necessary to correct defects, like a broken window or an appliance that doesn’t work, even though they won’t add to their home’s value.

Sellers should be wary of real estate agent recommendations for extensive and expensive improvements. Although well intentioned, agents may spend unnecessary amounts of the seller’s money to make their job easier. Agents can give you a good sense of how much an improvement will help saleability and how much it might add to the selling price. They aren’t contractors however, and you need to compare the costs to how much they will add to the home’s value. Remodeling Magazine has online data on how much you’ll recoup from various types of remodeling investments. If the buyer might want a couple of improvements consistent with current neighborhood standards that you decided to forgo, you can deal with that in the negotiating process.

If sellers do as much of the work as possible to get the home ready for resale they will save money and come out ahead in many cases. Every home should be cleaned thoroughly and decluttered before it is put on the market, so have your yard sale before you list your home. Painting and deck staining will greatly enhance curb appeal if your home needs them, and will yield a positive payback if you can do the work yourself. You usually won’t get all your money back on a kitchen or bath remodel, but if either is very dated or in poor condition you can hire a contractor and still get most of it back if you don’t go overboard. It can make the difference between a sale and no sale, and if you can do some of the work yourself you will have a good chance of breaking even. Landscaping a barren yard will also enhance curb appeal and provide a positive return if you do some of the work yourself.

When you do use a contractor, make sure you check their references carefully and also use a comprehensive contract. Disputes with remodeling contractors are very common and you need to protect your interests (we have an inexpensive contract form at www.AmericanHomeowners.org ).


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Now You Can Calculate the Benefits/Costs of the New Health Care Law

Now you can run the numbers to see how it will impact you personally.

When President Obama signed the health-care reform bill, few really understood how it would impact them personally. During its development it was an ongoing work in progress and it was difficult for even the most diligent consumer to keep up with its changing content. Many proponents and opponents exaggerated extensively in describing its potential impact, and much of the rhetoric labeled it either the end or the salvation of modern society. Adding to the confusion, much of the independent reporting on the legislation in the final weeks focused on the politics of its passage or defeat rather than on its actual contents. By a ratio of nearly three-to-one, stories involving the politics and strategy of the reform effort exceeded stories about what was actually in the bills, according to Pew Research Center's Project for Excellence in Journalism.

Given these facts it is curious how some of the most vocal critics and proponents of the measure could be so sure that their assessments were correct. It’s not surprising that many of the rest of us may be wondering, now that it is the law, exactly how the health-care reform bill will affect our specific situations. The Kaiser Family Foundation has posted a good summary of the major provisions of the new health-care law at http://www.kff.org/healthreform/upload/8060.pdf and there is already at least one useful interactive tool to help you figure out how the new law will apply to your own health care situation. Created by the Washington Post, this tool looks at what your health coverage and taxes will be, based on your income, family size and current insurance status. To plug in your own information, go to:
http://www.washingtonpost.com/wp-srv/special/politics/what-health-bill-means-for-you/?wpisrc=nl_persfin

There are many benefits for all, such as the elimination of pre-existing condition insurance restrictions. Most would also agree that the extension of healthcare insurance availability could benefit some of their family members and friends, if not themselves in the future. However, some may pay more, and some of the long term effects of the legislation on the economy have yet to be determined.

The Concord Coalition, a nonpartisan, grassroots organization dedicated to balanced federal budgets and generationally responsible fiscal policy, notes that expanding medical coverage without curbing costs is a recipe for fiscal disaster. While the legislation promises significant savings through future reductions in Medicare provider payments, it also plants the seeds of many cost control strategies with pilot programs and demonstration projects. These may bear fruit at some future point but success is far from certain. It will require concerted and cooperative efforts by state and federal officials, hospitals, doctors, insurance companies and millions of patients. It will also require the political will to make the savings stick when they begin to pinch. 

An example is the new tax on high-cost insurance plans, which many analysts believe is the single most important cost control measure in the legislation. Under political pressure, the effective date of this tax was also pushed out from 2013 to 2018 late in the debate. While the long-term savings would be improved by expanding the likely reach of the tax to more plans, this depends on a future Congress and President allowing the change to take effect as planned. There is reason to be skeptical. Opponents are already pointing out that they will have plenty of opportunities to kill, or further dilute, the tax before then. 

On the spending side, it will take considerable efficiency improvements and discipline to meet the new reimbursement standard for Medicare provider payments. Then there are the politically challenging provisions that would ratchet back the growth rate of subsidies for the purchase of insurance starting in 2019.  

Attempts may also be made to further weaken the Independent Medical Advisory Board (IPAB), which has been established as a constant watchdog over growing costs. As for the pilots and demonstrations, there is no guarantee that they will work or that Congress will give them broader application if they do work.  

Although the robust deficit reduction projections from the Congressional Budget Office offer some reassurance about ultimate costs of the legislation, there is a great deal of downside risk that these projections will prove to be optimistic.  


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Financial Services Regulation Moves Forward

Legislation seeks to prevent future mortgage meltdowns.

The Senate Banking Committee approved sweeping financial reform legislation in late March on a party line vote, and Senate Democrats hope to pass the bill before the Memorial Day recess. Republicans offered no amendments, saving their ammunition for a fight on the Senate floor. Senate Banking Chairman Chris Dodd had been working for many months with various Republican committee members in the hopes of reaching a compromise, but in the end decided to go forward in order to keep the process moving. Still, Senator Dodd and several Republican committee members still hope that a compromise may be possible. Senator Richard Shelby of Alabama, the top Republican on the banking committee, said that “We’re not going to the floor polarized. We’re going to the floor right now in a spirit of trying to work a consensus bill, a meaningful substantive bill that I’ve said all along is what we need.” Republican support will be critical because of the powerful influence of the financial services sector.

The bill replaces an original Obama Administration proposal to create a Consumer Financial Protection Agency (CFPA). The Dodd proposal would create an office at the Federal Reserve with broad discretion to create and enforce rules on the financial services industry, including banks and non-banks with at least $10 billion in assets. The bill would also restrict the multitrillion-dollar financial derivatives market that was a major factor in the financial crisis. The rules could be overridden by a two-thirds vote of a new council created to oversee risks to the financial system.

The legislation would create a $50 billion industry-financed fund that the Federal Deposit Insurance Corporation (FDIC) could use to support the liquidation of a failing financial firm. This provision is intended to avoid the “too big to fail” dilemma in the future.

Dodd’s bill directs regulators to devise rules prohibiting proprietary securities trading at banks. This was a significant factor in the overall meltdown of the financial services sector. Because of federal guarantees, risky trading practices expose taxpayers to their losses. This prohibition was originally suggested by former Fed chairman and Presidential advisor Paul Volcker, and is a reinstatement of regulations passed after the Great Depression. Interestingly, many of President Obama’s other senior appointees from the financial services sector initially opposed Volker’s concept strongly.

In an effort to prevent huge bonuses to senior management of failing financial firms, the legislation gives shareholders a “say on pay” through a non-binding vote on executive pay. This is not intended to prevent performance-based incentives, but will hopefully skew them to a greater dependency on long term company performance rather than on risky short term profit strategies. The Securities and Exchange Commission (SEC) could also give shareholders “proxy access” to nominate directors.

“The legislation would go a long ways towards preventing the risky practices that lead to the subprime lending crisis and the subsequent meltdown of housing values. The American Homeowners Grassroots Alliance strongly supports its passage,” said AHGA President Bruce Hahn.

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Internet Commerce: 10 Ways to Protect Your Money

Internet commerce is fast and convenient, but you should take precautions.

American consumers lost more than $550 million in 2009 due to Internet fraud, an amount that was more than twice that reported in 2008, according to the
Internet Crime Complaint Center, a partnership of the FBI and the privately funded National White Collar Crime Center. The forms of fraud varied greatly, and include failure to deliver merchandise ordered through Web sites and "advance-fee scams," in which victims were persuaded to make small payments to receive windfalls that never arrived. A popular financial services fraud is an email claiming to from your bank or credit card company, asking you to update your account information. The fraudsters strip logos and other graphics from legitimate institutions, and redirect you to their own fake website where they collect private financial information online. Text messages on cell phones are also becoming an increasingly common form of communication for the fraudsters.

The scams have been perpetrated through spam email, and also through many legitimate e-commerce sites, including eBay, Amazon, and Craigslist. Many of the spam email offers originate outside of the U.S., in countries in Africa, Asia, and Eastern Europe. Some of the nonexistent products and services include steeply discounted vacation offers and automobiles, but almost anything could be subject to a fraudulent offer. Ways to reduce Internet Commerce fraud risk include using only reputable payment vehicles, such as credit cards or PayPal, to make purchases online, ignoring unsolicited e-mails and pop-up ads, and installing effective firewalls on your computer.

The Federal Deposit Insurance Corporation, offers the following collection of top tips to avoid Internet fraud:

1. If you bank online, frequently check your deposit accounts and lines of credit to spot and report errors or fraudulent transactions, just as you should with traditional banking. "Your ability to monitor your accounts online has gotten easier, faster and more convenient now that banking by cell phone is starting to mature alongside banking online," said Michael Jackson, Associate Director of the FDIC's Technology Supervision Branch. "This is important, because the sooner you can detect a problem with a transaction, the easier it should be to fix."

Nelson suggested checking your accounts online about once or twice a week, but he also noted that "more and more banks are making it easier for their customers to keep an eye on their accounts electronically. For example, many banks offer e-mail or text message alerts when your balance falls below a certain level or when there is a transaction over a certain amount."

Federal laws generally limit your liability for unauthorized electronic funds transfers, especially if you report the problem to your financial institution within specified time periods, which will vary depending on the circumstances. A good rule of thumb is to check your statements promptly and report unauthorized transactions to your bank as soon as possible.

2. Never give your Social Security number, credit or debit card numbers, personal identification numbers (PINs) or any other confidential information in response to an unsolicited e-mail, text message or phone call, no matter who the source supposedly is. Chances are an "urgent" e-mail or phone call appearing to be from a government agency (such as the IRS or the FDIC), a bank, merchant or other well-known organization may be a scam attempting to trick consumers into divulging personal and account information. It's called "phishing," a high-tech variation of the concept of "fishing" for personal information.


Also watch out for phishing scams that involve bogus text messages sent to cell phones claiming that a bank account has been "blocked" and the recipient must call a certain number to fix the problem. If you make that call, you likely will be asked to enter your account number and PIN. The criminals can use this information to make counterfeit debit cards and drain your account.

"Real bankers and government officials don't contact people asking for this kind of information," said Benardo. "Your bank will already have your account numbers and only you should know your log-in credentials, and a government agency won't have a need for this information."

3. Don't open attachments or click on links in unsolicited e-mails from anyone you don't know or you otherwise aren't sure about. Sometimes these attachments or links can infect your computer with "spyware" that can change your security settings and record your keystrokes. "Spyware can secretly steal your passwords, bank or credit card numbers, and your answers to security questions like your mother's maiden name or your high school," Benardo advised. "Online thieves can use this information to log into your account, make changes and transfer money, leaving your bank account empty."

In one recent example, criminals sent out fake IRS e-mails warning recipients that they were being investigated for unreported income and asking them to click on an attachment for more information. The file launched a program that allowed hackers to install spyware and other unwanted programs on personal computers (PCs) to access bank accounts.

4. Watch out for sudden pop-up windows asking for personal information or warning of a virus. This is called "scareware" because it frightens people into providing information, downloading malicious software or paying for removal. If you get an e-mail or pop-up window saying your computer has a virus and it offers a program to clean your PC — and the warning window won't go away — your first step is to use the computer's "task manager" function and click "end task" or "force quit" to shut down the pop-up window. Scareware can be a nuisance to clean off your computer, so call your anti-virus software company if you need help.

5. Use a mix of security tools and procedures. "Staying safe online is like protecting your home with lighting, locks, alarms and fire extinguishers," explained Nelson. "You can't rely on just one layer of defense to protect you from all online threats."

At the top of the list of security tools to use — and keep updated — are anti-virus software to detect and block spyware and other malicious attacks, and a "firewall" to stop hackers from accessing your computer.

Even if your computer seems fine, Nelson said, schedule an automatic anti-virus scan to run at least once a week but preferably every day. Call or e-mail your anti-virus vendor right away if you get a warning message and you don't know what to do next.

Also consider these extra precautions as you use the Internet:

Don't log into your bank account while using public computers, such as at a library, or free wireless connections at coffee shops and similar places. Criminals often try to intercept Internet traffic, including passwords, from these locations.

Pay attention to the toolbars at the top of your screen. Current versions of the most popular Internet browsers and search engines often will indicate if you are visiting a suspicious Web site.

Choose "strong" user IDs and passwords that will be easy for you to remember but hard for hackers to guess. The strongest ones have a combination of letters, numbers and other characters, and are at least 10 characters long. For your online banking, choose IDs and passwords that are not the same as those you use for e-mails or social networking sites, just in case they get into the wrong hands. Also change your online banking password about every 90 days. And if you remove a computer virus from your PC, immediately change your password.

Have each person in your household bank and shop online and send e-mail through his or her own "standard user account." Not conducting these online activities through the computer's "administrator account" — the one that makes changes affecting all users — reduces the likelihood that a hacker can install unwanted programs on your PC. Limit the use of the administrator account to special tasks needed for your computer, such as adding or removing software and installing updates to your operating system.

Consider using a separate computer solely for online banking or shopping. A growing number of people are purchasing basic PCs and using them only for banking online and not Web browsing, e-mailing, social networking, playing games or other activities that increase the chances of downloading malicious software. You can also consider using an old PC for this limited purpose, but you should uninstall any software you no longer need and follow up with a scan of the entire PC to check for malicious software.

Only use security products from reputable companies. Nelson said one way to check out these products is by reading reviews from computer and consumer publications. "Look for a product that has high ratings for detecting problems and for providing tech support if your computer becomes infected," he said.

Kathryn Weatherby, a fraud specialist at the FDIC, also cautioned that banks normally don't ask their customers to download software updates. "If you get an unsolicited request to update your banking software," she said, "independently verify it by calling your bank using a phone number from your bank statement, not the phone number that appears in the request, which could connect you to a scam operation instead of your bank."

6. Beware of check scams. With unemployment high, con artists are preying on people who need cash. One common check scam involves attractive offers — usually originating in e-mails or online job postings — involving part-time work from home. As the new "employee," you will be sent a check to deposit (which will be counterfeit) and told to forward cash from your own account (to the crooks). Another scam involves "mystery shopper" programs where the new hire is given fake money orders or checks and asked to wire funds to the criminals. And unlike electronic transfers that are covered by consumer protection laws, fraudulent check scams often leave consumers suffering the loss.

7. When shopping online, deal with reputable merchants and be wary of unbelievably low prices. "There is no guaranteed way to ensure that an online merchant you're unfamiliar with is reputable, but there are ways to avoid doing business with an unreliable one," cautioned Jeff Kopchik, an FDIC Senior Policy Analyst specializing in technology matters.

First, he said, ask your friends and family if they've had good experiences with a merchant you're considering using. "If people you know have used and can recommend an online merchant, that's a strong indicator," he added. Second, you may already know and like some online merchants from their retail outlets, mail order catalogues or other services. They are likely to be a safer bet than an unfamiliar merchant that doesn't list a physical address or a phone number on its Web site.

If you are uncertain about an online merchant, check with the Better Business Bureau Online (
www.bbbonline.com). You can also search online for complaints about the business. Similarly, if you have a problem with an online merchant, file a report with the Better Business Bureau. The Bureau will notify the merchant about your concern and ask you if the issue was resolved. A legitimate merchant will attempt to fix the problem, while a crooked company may have many unresolved issues.

8. Using a credit card generally offers more purchase protection than a debit card or other electronic forms of online payment. "Unlike paying with a debit card and the money being immediately transferred out of your account, with a credit card you generally have weeks to pay your bill," Kopchik said. "So if the merchant does not deliver as promised, you have time to dispute the transaction and even enlist the help of your credit card company." He also noted that federal law gives you certain rights, in areas such as dispute resolution, when buying with a credit card.

However, watch your budget when using your credit card to shop online. Kopchik said studies have shown that people spend more when they use a credit card instead of cash, a gift card or a debit card.

9. Be on guard against scams hiding behind online coupon offers. Web sites for legitimate coupons will only ask consumers to provide an e-mail address in order to use their service to search for online specials and discounts. Beware of any coupon site that asks for personal, financial or payment information, which can be misused by criminals.

10. Be careful if you download banking software onto a cell phone. Many cell phones called "smart phones" allow consumers to add computer-like features ranging from video games to "mobile" banking. But cell phone users need to be aware of an emerging threat from criminals selling malicious software for mobile banking, some even falsely displaying bank logos. "These applications may contain spyware, and downloading them could be giving a hacker access to your bank account or payment card information," reported Nelson.

His advice? "Only download mobile banking applications from a safe site, such as your wireless provider, phone manufacturer or your bank." When in doubt, he added, "contact your bank before downloading any banking applications to your cell phone."

To learn more, see
Depositing Paper Checks Over the Internet and For More About Internet Commerce.

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IRS Announces New 2009 Tax Reporting Rules

New IRS regulations will require many amended returns and confuse taxpayers.

Legislation passed in February of this year to extend tax provisions which had expired at the end of 2009 will impact homeowners and other taxpayers. That legislation also retroactively modified some individual income tax laws affecting the 2009 tax liability of individual taxpayers. The IRS has been working on the regulations to implement the retroactive changes to 2009 tax laws since the legislation was signed by President Obama in February. The new regulations were announced by IRS on April 1.

Unfortunately the IRS had long since printed as well as published online its 2009 1040 individual income tax forms and Schedule A (itemized deductions), both of which are affected by the law. Many individual taxpayers have already filed their 2009 federal taxes, further complicating matters.

Rather than publishing new 2009 tax forms this close to the April 15, 2010 filing deadline for 2009 taxes, IRS has decided to allow taxpayers to continue to use the existing 2009 1040 tax forms and related schedules. IRS has issued supplemental instructions to enable taxpayers to go back and incorporate the new tax law changes after they have filled out the currently available 2009 tax forms. Unfortunately this means that taxpayers who have already filed their individual income 2009 tax forms will also have to recompute their 2009 taxes and refile the forms. Taxpayers who need additional copies of the existing 2009 tax forms for that purpose can download them at IRS.gov.

While the new IRS regulations will complicate tax calculations, the extra work will be worth it for many. Most of the changes will reduce homeowner’s 2009 tax liability, in some cases substantially. However at least one change will increase the tax liability of some homeowners. The IRS has determined that the total amount of 2009 first-time home buyer tax credits claimed has exceeded the 2009 ceiling on the amount Congress had authorized for the credit. As a result, one of the new regulations will limit the amount of the credit in some instances.

The addendum to your 2009 individual income tax filing instructions, provided by the IRS, is below.

IRS Supplemental 2009 Individual Taxpayer Filing Instructions

April 1, 2010

To comply with the retroactive changes in 2009 tax laws affecting individual taxpayers, please first complete your 2009 1040 (U.S. Individual Income Tax Return) and Schedule A (Itemized Deductions), following the instructions provided with current printed forms and online. Then follow these instructions to incorporate the new tax law changes and complete your 2009 1040 and Schedule A.

Changes to Form 1040 (U.S. Individual Income Tax Return)

1.      For dependents (line 6c) list all children under the age of 18 if they are dependant but not living at home, or living at home but not dependant, or dependant and living at home but hardly ever there, or if they are unemployed “boomerang” children, AND you are not claiming an agricultural income exemption for the production of ethanol. Pets exceeding 40 lbs. in weight may also be deducted.

2.      For ordinary dividends (line 9a) list dividends from companies with ordinary sounding names. If the name of the company sounds foreign, list the dividends under line 9b, weird dividends.

3.      For business income or losses (line 12) please explain on form 897549 if you did not have a loss.

4.      For pensions and annuities (line 16a) list all 401k, Roth or Regular IRA assets. Subtract any sums transferred to a Roth IRA from a regular IRA, and divide the remainder by your 2009 stock market losses.

5.      For farm income (line 18) you do not need to make an entry, since farmers always lose money.

6.      For other income (line 21) list all royalties, air miles, and money found in the back of your sofa. Annual bonuses must also be entered here. If you are employed in the financial services sector and your bonus exceeded $50,000, the amount of the bonus exceeding $50,000 will be taxed at a rate of 97.405%. Bonuses exceeding $500,000 will be taxed at a rate of 121.094%.

7.      For moving expenses (line 26), list any moving expenses resulting from the foreclosure of your home. Send an invoice in that amount to the Bank of America. Include a copy of the invoice with your tax return, marked to the attention of T. Geithner, IRS bailout recovery section.

8.      For adjusted gross income (line 37), incomes are deemed gross if they exceed $500,000. Amounts above $500,000 will be taxed at a rate of 97.405%.

9.      For the first-time home buyer tax credit (line 69), you may only take this credit if your last name begins with the letters A – M.

Changes to Schedule A (Itemized Deductions)

1.      For medical expenses (line 1) you can in some cases deduct amounts spent on contacting federal legislators or the federal executive branch in advocating the support or opposition of federal healthcare legislation. To determine if this amount is deductible, fill out form 329837, “Test on provisions of the federal healthcare legislation”. If you answer at least 50% of the questions correctly, you may take the deduction. (Note: members of the U.S. Congress do not have to fill out form 329837).

2.      For real estate taxes (line 6), deduct 2009 real estate taxes on your home if they were less than the 2008 real estate taxes on your home. If the 2009 real estate taxes on your home were more than the 2008 real estate taxes on your home, contact your real estate taxing authority and ask for an explanation of how that happened.

3.      For home mortgage interest and points (line 10), homeowners who were foreclosed in 2009 may now deduct interest that they owed, but did not pay, prior to their foreclosure. Foreclosed homeowners may deduct 1 point (1% of the original mortgage amount) if they had a subprime mortgage, 1 point if they reside in a state where home values have declined at least 30% since 12/31/2006, and 1 point if their mortgage broker and/or real estate agent was a moron.

4.      For investment expenses (line 23), you may 2009 deduct alcoholic beverage expenses that were used in conjunction with portfolio review and planning.

5.      For other miscellaneous deductions (line 28), you may deduct certain expenses associated with the sale of your home in 2009. These include expenses for advertising, repairs, upgrades, landscaping and other related costs such as hot tubs or block parties. Real estate sales commissions are now also deductible, but only if your real estate broker does not practice dual agency.

If you have any questions regarding these new regulations please call the IRS hotline between the hours of 2 PM and 2:30 PM on Tuesdays or Thursdays. Staffing for the hotline has recently been expanded, so the waiting time to speak to an agent should be less than 17 hours in most cases.

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Please take the time to contact your legislators and express your views on pending policy issues covered in this month’s Home Base. It's easy - you can reach your legislators by email in a couple of mouse clicks, and you can use the content in Home Base and elsewhere on our website to help you develop your message.

To look up the phone number, email, and/or postal address of your U.S. Representative or your two U.S. Senators, (or your state representative or state senator) click here. You can also look up which legislators represent your zip code if you don’t recall their names.

A personal meeting is a particularly effective way to get their attention and reinforce your message. Many legislators are also happy to meet personally with their constituents when they are back home on weekends or when Congress is not in session.
Please consider also requesting a follow up face-to-face meeting in their home state or home district offices near you when you contact their Washington DC offices on policy issues. 

Is there a policy issue that is particularly important to you which significantly impacts homeowners or home ownership? Any member may propose a position on a policy issue, so please check the American Homeowners Grassroots Alliance's 2010 Issue Guide. If it isn't on the list, we invite you to send us an email and tell us why you think the American Homeowners Grassroots Alliance should take a position and work on it.

Copyright 2010, American Homeowners Foundation and the American Homeowners Grassroots Alliance.