December, 2006

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

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December,  2006      


In this issue of Home Base:

Year End Tax Reduction Tips
Feds Score more Wins for Homeowner Rights
Democratic Congressional Agenda Friendly to Homeowners
Buyers in the Drivers Seat
Newest Threats to Homeowners Related to Income


Year End Tax Reduction Tips

There are many things you can do this month that can reduce your 2006 and/or 2007 tax bill.

Here’s a bakers dozen year end tax saving strategies you should consider:

1. Consider refinancing your mortgage this year. Loan fees (i.e. points) are supposed to be deducted over the projected life of mortgage, but when the loan is paid off early in order to refinance, any remaining points not yet deducted can be deducted in that year. Mortgage refinancing can be a smart move for those of us with higher mortgage interest rates and/or who want to replace an adjustable mortgage with a fixed rate product while rates are still low. In addition, if your home has appreciated since its purchase and you are currently paying for private mortgage insurance, you may no longer be required to carry it if your refinanced loan amount is less than 80% of the home’s current appraised value. Also, if you have had your current loan for some time, a larger portion of your monthly payment applies to the principle, so you have less interest to deduct than you had when you first got the mortgage. If you are among the fortunate who could use additional tax deductions, refinancing your home will mean you’ll have a bigger interest deduction every month, even if your payments stay about the same.

2. Make your January mortgage payment in December. You’ll be able to deduct the interest on that payment in 2006. Keep in mind that you’ll have less mortgage interest to deduct in 2007, however. This can also work for your 2007 property tax payments, if they are not paid by your mortgage lender and your local real estate tax authority allows early payment.

3. Take deductions for any casualty or theft losses that were not covered by insurance or paid by others. Go to http://www.irs.gov/individuals/index.html for limitations on this deduction as well as advice on other possible deductions.

4. Take deductions for moving expenses that aren't reimbursed if you or your spouse changed jobs and moved to another home in 2006. To qualify the new place of business must be at least 50 miles from your old place of business. The commuting distance from your old home to your old job must be added to that amount.

5. Consider starting a full or part time home-based business in 2006. Working at home sure beats commuting, and technology tools such as the Internet are making the physical location of the business less relevant (millions of homeowners are now earning a full or part time income as eBay merchants for example). Portions of the home used in business may be depreciated and portions of the cost of maintenance may be deducted. Additionally, section 179 of the Internal Revenue Code allows home based and other small businesses to expense capital equipment costs in their year of purchase (up to $108,000 in 2006). If, for example, you will need to make capital investments in computers, software, a vehicle, etc. to get your business off the ground, you’ll be able to write off the entire amount that year even if you finance the purchases. Keep in mind however that other IRS regulations require that your new business show an annual profit with sufficient frequency, or else you may lose the tax deduction retroactively.

6. Review your 2006 medical expenses and consider those likely to come up next year. If you have medical insurance and have used up your deductible, or have a medical reimbursement plan and haven't spent as much as you'd planned, consider visiting your doctor, dentist, optometrist and/or ophthalmologist before the end of the year. You may also be able to prepay some of the costs of future elective surgery this year and take the deduction for those payments in 2006.

7. Review your federal and state tax withholding. If you have been getting big tax refunds every year there is a hidden downside. It means that you have been lending the government your money throughout the year at a 0% interest rate. If you ask your employer to increase the number of your deductions, you will have more cash in future paychecks throughout the year to save or invest. Be sure that you don’t take too many additional deductions however - there is a stiff tax penalty if you underpay your tax by more than a modest amount. The best strategy may be to take enough deductions to approximately break even on your annual federal and state taxes. That way you will minimize the amount you lend Uncle Sam interest free and also limit the risk that you’ll be in a penalty situation if your estimates are a little off.

8. Think about making more charitable deductions in 2006. In 2007 documentation requirements will be greater and there are new limitations on the valuation of charitable gifts like automobiles and artwork to reduce abuses in that area.

9. Review your employer’s benefits. This is open enrollment time for many corporate and government employees. Review your coverages and options, and update your benefit choices based on your current personal and family needs. Remember to take into account any changes you're expecting in your life next year, such as a family addition or specific major medical needs. And make sure you don't miss your employer's deadline.

10. Review your investments. Is it time to change things around? Capital losses offset capital gains, so if it’s time to take your profits in one capital investment, such as a rental property or stock held more than a year, consider offsetting the profits by selling other capital investment s which have lost value.

11. If you can afford it, make sure to maximize your 2006 annual contributions to your IRA, 401k, or Roth account, at least up to the tax deductible ceiling for that account. Also many older workers are also eligible for additional “catch up” contributions beyond those ceilings.

12. Use Google to find numerous additional year end tax tips on a variety of topics. Several related to home ownership include: Tips on Deducting Loan Points - The Motley Fool; Divorce and home sale gains - Bankrate.com; Don't overlook the tax breaks of home mortgage points - Bankrate.com; and Computing the basis of a personal residence - Bankrate.com. A directory of even more tax tip websites is at http://www.taxsites.com/help.html

13. A final word of caution: the alternative minimum tax (AMT) is affecting more and more taxpayers. In some cases year end tax reduction strategies may not be effective because of deduction limitations in the AMT. Before implementing end of year tax reduction steps, do a preliminary 2006 tax calculation to see if you will already fall under the AMT in 2006. If you do many otherwise useful tax avoidance techniques will be useless. The AMT law is complex, so see your tax advisor, check some of the aforementioned tax tip websites, or call IRS for advice (800- 829-1040) if you’re not sure what to do.

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Feds Score More Wins for Homeowner Rights

The U.S. Department of Justice, the Federal Trade Commission, and the Office of the Comptroller of the Currency are closing out 2006 with successes in their ongoing efforts to protect the rights of homeowners.

The Federal Trade Commission (FTC) is on a roll in its efforts to stop multiple listing services from blocking the dissemination of listings of homeowners who use discount brokers. Local multiple listing services, which are groups of local real estate brokers originally formed to facilitate sharing of home sellers listings between each other, have expanded their function in the Internet era. In addition to this traditional function, they have also evolved into public utilities for the sharing of homeowners’ listings directly with home buyers through the consumer-facing websites of each of the MLS member brokers and their national association’s website. With 80% of home buyers now using the Internet in their home searches, disseminating home sellers listings through this network is an absolutely critical marketing step. However, many MLS’s have created rules that enable the full commission brokers to keep the listings of homeowners who use discount brokers off that network.

This violates antitrust laws, and the FTC has threatened to sue MLS’s that discriminate against their members who offer discounts and the home sellers who use them. Faced with an almost certain loss in court, in early November five MLSs agreed to abandon policies that blocked discount broker’s property listings from reaching public web sites. At the end of the month one of two additional pending FTC complaints was withdrawn pending a proposed settlement agreement with that MLS. The FTC is proceeding in its case against a remaining Michigan MLS owned by several Realtor boards and associations. “Our hope is that the remaining case does not settle”, said American Homeowners Grassroots Alliance President Bruce Hahn. “We think that FTC has a very strong case, and a clear ruling against this practice will make it easier to shut down any remaining violators in the future”.

The Justice Department (DoJ) also got a boost in late November when the Illinois Federal District Court refused the National Association of Realtor’s (NAR’s) petition to dismiss DoJ’s antitrust case against it. NAR represents the interests of traditional full commission brokers. NAR has proposed industry operating practices that appear intended to handicap discount real estate brokers who offer consumers less expensive alternatives to the full commission business model that NAR’s leadership seeks to protect.

DoJ is suing NAR to force it to abandon its proposed anticompetitive industry regulatory policies. The Court found that DoJ had adequately alleged a Sherman Act Section 1 violation and that the government's allegations were sufficient to establish continuing adverse effects. DoJ has identified 36 market areas where NAR policy for the online display and sharing of home listing information has allegedly caused anticompetitive effects, according to NAR general counsel Laurie Janik.

The outcome of the case may be the prohibition of practices connected with the illegal actions, such as the “selective opt out” contained in NAR’s initial virtual office website (VOW) policy. The Court observed that the "Defendant concedes, for present purposes at least, that the challenged VOW policies and rules are the product of a 'combination among NAR's members,' which is a prerequisite for the practices to be actionable under Section 1 of the Sherman Act." In the decision the judge also noted that "a group of market participants cannot immunize 'arrangements or combinations designed to stifle competition . . . by adopting a group membership device accomplishing that purpose", and that NAR can enforce adoption of its rule with sanctions.  Therefore is unlikely that NAR will be able to avoid liability by arguing that the individual brokers are the ones who decide whether to opt out or not.  

State bank regulators in at least seven states are moving quickly to adopt guidelines modeled after the recommendations of the U.S. Office of the Comptroller of the Currency. Georgia, Idaho, Iowa, Massachusetts, Montana, New Hampshire and Wyoming have announced that they will adopt identical guidelines directing lenders to tighten their nontraditional mortgage underwriting standards and provide more complete disclosure of nontraditional mortgage loan terms to consumers. Nontraditional mortgages include interest-only and payment option, negative amortization loans. The federal guidelines apply to federally chartered banks but not to state-regulated banks and mortgage lenders.

Federal officials also urged states to issue similar guidelines to ensure that all lenders are competing on an even playing field. In response the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators created the state guidelines now being issued at the state level. “This is a positive development”, according to American Homeowners Foundation President Bruce Hahn. “Foreclosures on nontraditional mortgages are increasing, so it’s clear that many of the growing number of home buyers who use them are financially unprepared for them. These reforms will help limit their use to home buyers who both understand nontraditional mortgage implications and have the wherewithal to afford their risks”.

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Democratic Congressional Agenda Friendly to Homeowners

Many of the expected early initiatives of the upcoming Democratic Congress will be very beneficial to the nation’s homeowners.

Democratic leaders have made a wise tactical decision to focus on an early legislative agenda that already has a broad base of support among the public. Many of the issues have a significant impact on the average homeowner’s pocketbook. Unlike earlier generations of homeowners, today’s homeowners have a much more difficult time getting ahead of basic living expenses. Raises from employers are smaller, and for many younger families today home ownership is impossible unless both spouses work. At the same time, annual double digit increases in essential expensive costs like health care are keeping most homeowners in a perpetual state of tight personal budgets.

With family health insurance costs up 70% (to $4,500 per family) since 2000, and 6 million families losing their health insurance since then, there is broad public support for cost-effective improvements to the Medicare prescription drug program and ending expensive previous concessions to drug companies and HMOs. An expected effort to make college tuition tax deductible, permanently, cut student loan interest rates, and expand Pell Grants will be welcomed by cash-strapped parents as well.

Environmental initiatives are also broadly supported, although their economic savings will take time to materialize. Legislation to reduce dependence on foreign oil and create a cleaner environment, with more research funding for energy-efficient technologies and domestic alternatives such as biofuels, are also potential winners with homeowners, who are increasingly pressed by increases in home energy costs, automotive fuel costs and the impact of growing energy costs on the products and services they buy.

While these issues are popular with homeowners, most homeowners are also fiscal moderates. A factor in their support will be the budget impact of these initiatives, and the Congressional Democrats’ ability to find ways to pay for new benefits through such avenues as reduction in Iraq war expenditures, increasing tax rates on the truly rich, reduction of tax incentives for oil companies, or other acceptable solutions.

The Democratic Congressional strategy will also mean that some issues specifically affecting homeowners will have to wait in line for their turn. However Democrats in general have historically been supportive of efforts to help the middle class and protect consumer rights. When our turn comes there is an increased likelihood that Congressional leaders will be willing to intercede on homeowners’ behalf when the opportunity arises. Some of the things that the American Homeowners Grassroots Alliance would like to see addressed in the new Congress include:

More hearings on abuses in the real estate services sector, and specific legislation to address them. These abuses include discrimination against the use of discount real estate brokers, state laws against commission rebates, undisclosed kickbacks and conflicts of interest, abuses in the title insurance industry, and the misuse of eminent domain procedures as a tool for commercial real estate developers to seize private property.

Extension of expiring tax laws significant to home ownership (tax credits for investments to make homes more energy efficient, the construction of energy efficient new homes, and low income housing), as well as the creation of new tax incentives to stimulate home ownership (deductibility of private mortgage insurance, a first time buyers tax credit, improved tax incentives for business use of the home and teleworking, and tax incentives to provide rural residents and disadvantaged citizens access to affordable broadband services at reasonable prices).

Expansion of home ownership through Federal housing programs that help qualified low-income families accumulate the down payment to purchase a home, creation of a national housing trust fund to build rental housing for the lowest income families, and preservation of the ability of government sponsored enterprises (Fannie Mae, Freddie Mac) to provide favorable financing to homeowners.

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Buyers in the Drivers Seat

The slowing real estate market and the Internet are putting buyers in the driver’s seat, giving them many ways to take advantage of their bargaining power.

The oversupply of homes on the market in many areas means that home buyers can bargain hard on price. There are growing numbers of foreclosures today, and buyers who can master the foreclosure market may soon see some outstanding bargains if the trend continues. Foreclosed properties accounted for 3.1% of all home sales in the first half of 2006, up from 2.4% in 2004, according to a First American Real Estate Solutions study. Lenders stuck with foreclosed property are becoming more inclined to cut prices or sell properties through auctions, according to industry experts.

Home buyers have other new advantages as well. The Internet has enabled home buyers to research the inventory of homes on market easily and at their own convenience, thereby reducing the work of buyer’s agents and buyers brokers. Much of this is due to the creation of public websites by most real estate brokers and the supply of listings to those websites by the brokers’ local multiple listing services. In some cases buyer’s agents may be willing to rebate portions of their commission to home buyers willing to do more of the work. This won't work everywhere - in order to maintain high commissions real estate trade associations in some states have passed anticonsumer laws prohibiting rebates.

The Internet is also helping buyers better understand the process. Websites of independent nonprofit consumer education organizations, such as the American Homeowners Foundation (www.AmericanHomeowners.org) as well as federal and state governments, offer free objective information to help home buyers better understand the many nuances of home purchase.

Home buyers may find that they don’t need a real estate agent to make an offer in some cases, for some types of real estate listings permit the home seller to deal directly with the buyer. This can save a sophisticated buyer half of the typical commission, but it’s not always the wisest course of action for unsophisticated home buyers. “Hiring an experienced exclusive buyers agent (EBA) is a wise decision for home buyers who don’t have the full array of skills needed in the purchase of a home”, noted American Homeowners Foundation President Bruce Hahn.

“Experience is critical – entry standards for the real estate profession are minimal across the board. No consumer on either side of the transaction is likely to be well represented by a newbie real estate agent whose only qualifications are a couple of weeks of coursework.” The Foundation also recommends that home buyers interview several prospective EBA’s to get a better understanding of their experience, strengths and qualifications before making a selection (an interview form is in the Foundation book, The Complete Home Buyers Guide, available in libraries, at www.AmericanHomeowners.org, and from bookstores).

Home buyers should try to avoid buyers agents whose firms also represent home sellers. When that happens the same firm could find itself representing opposing parties in the same transaction, thereby creating a conflict of interests. If there’s not an EBA in your area the next best alternative is to seek out an experienced agent with an established and respected small local broker rather than a large company or franchise. Smaller independent brokers will generally have fewer listings than their larger competitors, and that way there will be less chance that the home of your choice will turn out to be one of that broker's listings.

Some buyers may continue to sit on the sidelines in hopes of further drops in real estate prices. First American Real Estate Solutions expects a slightly higher foreclosure rate and deeper price reductions next year. However the larger the supply, the greater the selection and the greater a buyer’s negotiating leverage. The current supply of homes for sale is quite large. Home builders have drastically cut back on new home starts, and the overall supply is unlikely to expand much further. The large current supply greatly increases the chance that you can find the perfect home today. Buyers should also be able to negotiate a very good price through hard bargaining, so it may not be worth waiting for further price drops, especially if they turn out to be minimal.

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Newest Threats to Homeowners Related to Income

Several recent trends threaten homeowners, but the risks have much to do with how much you make.

Home foreclosures are increasing for a number of reasons. The decline in home values is leaving more homeowners “upside down”, owing more to their lender than they can hope to yield from the sale. Homeowners at the lower end of the economic scale are often trapped because they don’t have enough cash to make up the shortfall when they need to sell. More than one million borrowers have faced foreclosure so far this year, up 27% from the same period last year, according to online foreclosure-data service RealtyTrac.

In recent years many lenders have lowered their standards for subprime mortgages, which carry higher interest rates in order to offset the higher risks associated with borrowers with flawed credit histories. Less wealthy homeowners have also increasingly resorted to using exotic mortgage loans that feature very low initial payments. Previously the use of such loans had mostly been limited to wealthier and more sophisticated homeowners who had ways to invest the mortgage interest savings in a very productive fashion, often in their own businesses or the stock market. The wealthier homeowners have the option of being able to refinance if necessary, regardless of changes in mortgage interest rates.

At the other end of the scale, homeowners unable to make their mortgage payments are increasingly victims of "foreclosure rescue" scams. There are increasing numbers of homeowner complaints of fraud by lenders and/or intermediaries that purport to help financially distressed borrowers seeking to avoid foreclosure. Several states have already passed laws to provide more protection against dishonest businesses trying to take advantage of vulnerable homeowners.

The worst offenders are some of the foreclosure-rescue companies, who offer quick fixes to homeowners behind on their mortgage payments. In some cases the companies have been accused of deceiving borrowers into believing they can save their homes from foreclosure in exchange for a temporary transfer of the deed with a leaseback. However, sometimes the foreclosure-rescue companies sell their homes to a third party, keeping the home’s equity and leaving the former owners without the right to repurchase their home.

Ten states have enacted legislation to deter foreclosure-rescue fraud: California, Colorado, Georgia, Illinois, Maryland, Minnesota, Missouri, New York, Ohio and Rhode Island. The legislation gives homeowners the right to cancel the "rescue" transaction up to a set number of days before the closing. In Illinois legislation addressing this issue, a company buying a property in foreclosure and leasing the property back to the homeowner with a buy-back option is, in some cases, required to pay the homeowner at least 82% of the property's fair-market value. The American Homeowners Grassroots Alliance supports the passage of similar laws in the remaining forty states.

Another problem can occur with foreclosure consultants who promise borrowers they will negotiate with their lenders to delay or avoid foreclosures for a prepaid fee. While legitimate nonprofit organizations provide such services for free or modest fees, the scam foreclosure consultants charge large fees in advance and frequently do nothing. The American Homeowners Foundation recommends that homeowners facing foreclosure check a foreclosure consultant’s record with their local Better Business Bureau or government consumer protection agency. Either may also be able recommend reputable foreclosure consultants before making a decision.

While wealthier homeowners may feel smug in the knowledge that they probably will never have to face foreclosure, they face a growing problem that has far less effect on their poorer brethren. The problem is lightening, which is God’s way of telling wealthier homeowners that they have too many fancy electronic toys. One lightening bolt is perfectly capable of simultaneously frying a $5,000 plasma TV, the home theatre it’s connected to, the stereo system, every plugged in game console and computer in the house, the hard-wired home-alarm system, the HVAC system, and the telephones.

The damage from a lightening strike on a home can be devastating. Not only does it leave many 21st century family members with no other alternative but to talk to each other, but the costs and inconvenience are substantial, in part because the greater numbers of appliances overloaded by lightening also pose additional fire hazards. According to the Hartford Insurance company, the cost of homeowners' claims for damage due to lightning rose 77% between January 2001 and July 2006, despite the fact that the number of claims during that time dropped by nearly half. Other home insurers have reported similar experiences.

Although most homeowner's insurance policies cover lightening damage, most policies also have a deductible amount. With the balance sheets of many insurers still in damaged condition after Hurricane Katrina, any insurance claim is likely to lead to an increase in your homeowners insurance rates. Then there’s the inconvenience of having to schlep around and replace all that hardware.

Most of the threat from lightening can avoided with the proper precautions. Newer homes are required by building codes to have a lightning-protection system, usually described by their largest component, which is the lightening rod itself. Unfortunately lightning-protection systems are not always installed properly. Older homes can be retrofitted with lightening rods, and there are additional steps you can take as well. A whole-home surge arrestor installed between your home's electrical source and the main circuit-breaker panel or the electric meter should block electrical surges from lightening and other sources. Most electricians who install them can also tell you whether your current lightning-protection system, if you have one, is up to snuff.

An alternative to a whole-home surge arrestor are the relatively inexpensive portable surge suppressors that you plug into electrical outlets. The portable surge suppressors offer some protection to appliances that are then plugged into them. Surge suppressors have UL standard 1449 label and have a suppressor voltage rating of 330 volts or better. Portable surge suppressors can also be wiped out by lightening, but many have self contained circuit breakers as well as indicators that tell when they are broken.

Another preventative step is to simply unplug electrical devises during electrical storms. However not all electrical storms give much advance warning, and with growing numbers of electronic devices in many homes, shutting all of them down, unplugging, replugging and rebooting can be quite a chore. For that reason erecting an effective full time defense against lightening strikes is a good investment. Do that, and the next time there’s an electrical storm in your neighborhood, you can relax and enjoy your home theatre while it passes over (but don’t opt instead for a nice hot shower - you’re not supposed to shower or bathe during an electrical storm).

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Are any of the policy issues in this month's Home Base of interest to you? If so, please take the time to contact your legislator and express your views. It's easy - you can reach your legislator 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, click here. The site can look them up by zip code for you if you don’t recall their names.

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. A personal meeting is a particularly effective way to get their attention and reinforce your message, so please consider also requesting a follow up face-to-face meeting in their home state or home district offices near you when you contact them 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 2006 policy priorities to see whether it’s already on our list. 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 be working on it.