This past November my business partner, Joe Gentile, blogged about how household income factors into the DC Tax Abatement program. However, since I received two inquiries just this past week from real estate agents, I thought it would be useful to re-visit this subject.

Yes, it’s hard to believe but true — Bill Gates (worth $56B) could buy a DC house for his son and receive a closing cost credit from DC equal to 1.1% of the sales price AND not have to pay real estate taxes for five years after closing. Let’s chalk it up as an unintended consequence of a DC law. Ironically, the statute (or law) is entitled "Lower Income Homeownership Tax Abatement" and is intended to assist lower income citizens with the purchase of a home.

Under the law, if Bill Gates buys a DC property, with his son added to the title as a co-owner, for a purchase price of less than $332,000.00, and his son earns an income of less than $59,040.00, then the property will qualify for the program. 

The benefits of the program provide an exemption from the 1.1% recordation tax;  allow the seller to credit the Gates family with the 1.1% transfer tax (otherwise and typically paid by the seller to DC); and exempts the property from real property taxes for a five-year period. On a $332,000.00 transaction, the total dollar benefit provided to the Gates family would be approximately $18,545.25. 

Under the above scenario, Bill Gates would simply need to sign a "Non-Occupant Affidavit" to accompany the program application stating that while he is a co-owner (along with his son) of the property, he will not be occupying or living at the property.

Seem fair?  You decide.

Check in every Thursday for the latest edition of DC Real Estate Weekly, where we post a list of our favorite real estate news stories from DC and beyond.

LOCAL

MD Realtors plan to fight O'Malley proposal to cap mortgage tax deduction
Washington Post

Under O’Malley’s plan, a single Maryland taxpayer whose federal adjusted gross income is more than $100,000 would see a 10 percent reduction in the amount they could claim in state income tax deductions. 

Case-Shiller: Home prices decline nationally and in DC
DC Urban Turf

For the first time in the past several months, the index reported that home prices in the DC area decreased on a monthly basis (-1.1%) while increasing ever so slightly between November 2010 and November 2011 (0.5%).

Va. homesales showing possibility of recovery 
Sun Gazette

If overall economic conditions continue to improve — obviously a big "if" — then “there is reasonable hope for an improved housing market in 2012,” VAR officials said in remarks accompanying the sales data. 

Your next place: Penthouse loft
DC Mud

Right off the bat, you enter into the two story foyer, with the loft looming overhead; after going under it and through the very fine gourmet kitchen , you enter the main space, a vaulted light-filled chamber that's part dining room, part living room.

Charting the market: Inventory decline has upside
Washington Times

When sales fall and inventory doesn’t, the ratio moves in favor of buyers, who have less competition but more homes from which to choose. When sales rise and inventory doesn’t, the ratio begins to favor sellers, who enjoy more attention from buyers who have fewer houses to see.

DC StreetcarThe Obama administration's latest refinancing proposal could extend mortgage refinancing opportunities to millions of homeowners, but it faces plenty of opposition.

NATIONAL

Two more years of 4% mortgage rates?
Mortgageloan.com

Not necessarily. While the Federal Reserve plays a major role in determining the cost of borrowing, including mortgage rates, other factors such as inflation and the state of the global economy are important factors as well.

Mortgage applications drop 2.9% on Fed's forecast
Housing Wire

The refinance index fell 3.6% from the previous week and the seasonally adjusted purchase index declined 1.7%. The refinance share of mortgage activity fell to 80% of total applications, compared to 81.3% the previous week.

Obama wants Congress to act on expanded home refinance plan
USA Today

The plan the president outlined Wednesday is intended to help qualifying borrowers refinance into lower-interest-rate loans, saving them $3,000 a year on average, even if they owe more on their home than it's worth.

What's in the latest White House proposals on housing? 
Wall Street Journal 

President Barack Obama is delivered a speech Wednesday outlining his call for more help for the nation’s housing markets, according to administration officials. 

On troubleshooting
The New York Times

Those who have issues with their mortgage lenders now have another place to take them: the Consumer Financial Protection Bureau, which began accepting such complaints and inquiries this month.

The cost of title insurance continues to increase. In just the last five years, due to a massive influx of title claims relating to the nation’s housing crisis, title insurance premiums have increased in Maryland, the District of Columbia and Virginia by an average of 15 percent.  

The larger premiums, reflected on the HUD-1 Settlement Statement, have become more eye-popping to the homebuyer and, as a result, they have become the subject of much discussion of closing costs in the news.  

Let’s talk about who is pocketing those premiums and why? It’s no secret that a title agent or settlement company keeps anywhere from 70 percent to 85 percent of the premium as a commission with the balance paid over to the underwriter (i.e., First American, Chicago Title, Stewart Title, Fidelity National, et. al.).

Critics, in the name of consumer protection, argue that the underwriter’s willingness to pay such high commission splits and retain so little is proof that the title insurance industry is over-priced.

The underwriter is willing to pay over the majority of the title insurance premium as a commission to the agent because it’s the agent who handles nearly all of the title underwriting duties in addition to taking on most of the liability. That is, the title agent is charged with the duties of ordering and reviewing title, certifying real property taxes and issuing the title commitments and policies to the respective homebuyers and lenders.  

More importantly, the agency agreement between the title agent and the underwriter shifts the liability for errors and omissions to the title agent. In other words, except for governmental recording errors or matters adverse to title not appearing as a matter of public record, it is the title agent or settlement company that ultimately pays for the title insurance claim.  

Looking at this from another perspective, if not for title insurance, the homebuyer would pay an amount comparable to the cost of the title insurance premium in the form an Attorney’s Opinion/Title Guaranty Letter and/or higher settlement fees in order to account for the liability resting with the title agent.  

So, to those critics of title insurance, I would agree that title insurance is pricey but not "over-priced" compared to other alternatives. After all, if there are alternative products to title insurance that are superior in terms of both affordability and quality, then I believe such products will be borne out by the marketplace.

The Department of Veterans Affairs Loan Guaranty Program recently published county "limits" to be used for VA Loans effective January 1, 2012. Please note, these limits do not reflect a maximum amount that an eligible veteran is permitted to borrow, but rather, reflects the VA’s maximum guaranty amount for a particular county.

The maximum VA guaranty amount for loans over $144,000 is 25 percent of the 2012 VA limit. For example, an eligible veteran may borrow up to $625,500 to purchase a property in Washington, DC (2012 VA limit), with the VA guaranteeing 25 percent of the loan amount, or approximately $156,375.00.  

Today we will look at a couple scenarios that involve transferring title from an individual to a Limited Liability Company or LLC. 
 
Scenario 1: Transferring title to an LLC

John buys a condo as an investment property in his name and now wants to put it into an LLC, to limit his liability. How much will this cost? 
When someone says “no consideration” deed, what does it mean? Does it mean no transfer and recordation taxes?  No. It actually means that the property is being transferred via deed without money exchanging hands.

Not all no consideration deeds are exempt from transfer and recordation taxes. There are a number of situations where a “no consideration” deed is appropriate and some of them are as follows:
Check in every Thursday for the latest edition of DC Real Estate Weekly, where we post a list of our favorite real estate news stories from DC and beyond.

LOCAL

Charting the market: Contracts outnumber settlements
Washington Times

It was a good year for sales activity. Buyers and sellers ratified sales contracts on more than 86,000 homes in 2011, an increase of 14 percent over 2010 and the highest total since 2006.

Your next place: A DC castle all your own
DC Mud

Recently remodeled, this four-level beauty has it all. You enter into a spacious living room – if it's cold there's a fireplace right there to warm yourself by. The living room has high ceilings and beautiful rich dark hardwood floors, recessed lighting and tons of windows.

Streetcars are coming and property values will rise
DC Urban Turf

Property values and rents will rise by 5 to 12 percent with "values likely to rise even higher in areas that have many prime redevelopment sites." The report notes that the strongest demand for new and existing development would occur.

DC, Microsoft to create 'digital alliance'
Washington Business Journal

The digital alliance will encompass job creation and training, affiliations with public and charter schools, new technology for the schools, and small business support — notably a $100,000 award from Microsoft to 10 certified business enterprises.

DC StreetcarProperty values are expected to increase 5 - 12 percent once the DC Streetcar line is fully operational.

NATIONAL

Fed rates likely to remain around zero through 2014
Washington Post

The decision to maintain near-zero interest rates 18 months beyond what was previously planned suggested that Fed leaders are concerned about the slow pace of economic growth, and in a press conference after the announcement, Chairman Ben S. Bernanke said that the central bank was prepared to take more action if necessary to keep the economy moving, though he did not say what those tools might be.

A reprieve for unemployed borrowers
The New York Times

In a forbearance program, a lender agrees not to foreclose on a property and gives a borrower several months’ grace from or reduction in monthly mortgage payments. The programs work best for temporary setbacks, like job loss, health problems or natural disasters.

Housing inventory ends year down 22%
Wall Street Journal

But appearances can be deceiving, and it remains to be seen whether the drop is the beginning of a real recovery or if inventory is being held down by sellers waiting for prices to pick up and banks moving slowly on foreclosures.

Mortgage rates rebound from all-time lows
Inman News

Rates on 30-year fixed-rate mortgages averaged 3.95 percent with an average 0.7 point for the week ending Dec. 29. That's up from 3.91 percent last week -- an all-time low in records dating to 1971 -- but still well below the 2011 high of 5.05 percent seen in February.

Each week this office receives several inquiries from homeowners seeking to transfer title to their property. The scenarios include transferring title between spouses, between ex-spouses, between and among family members, transferring title to a revocable trust, transferring title to a LLC or corporation, and the list goes on.  Their two main questions are:  

1) Who do I hire to prepare and record the deed and transfer forms?
2) How much will it cost me?

The first question is simple since you should hire a licensed real estate attorney or a local title company to handle a title transfer. The second question is not simple and, in fact, can be very complicated when determining such things as “no consideration” vs. “consideration” transfers.

Check in every Thursday for the latest edition of DC Real Estate Weekly, where we post a list of our favorite real estate news stories from DC and beyond.

LOCAL

Tour the homes of university presidents
Washington Post

Unlike most other facilities on campus, spending money on the president’s home easily attracts controversy: How much is too much to spend? How much luxury is allowed? Here’s a glance into the homes of other local presidents.

Your next place: New construction
DC Mud

Just two blocks from the Green Line, which makes for a painless commute, and only a stone's throw from U Street, which has everything you could possibly want out of life, as long as that means Ethiopian food, frozen yogurt, bars and pay-as-you-go cellphones.

Challenge of selling a rented home
Washington Times

Realtors themselves are sometimes reluctant to show homes that have a tenant in place because of the potential for coming up against an uncooperative tenant. Some Realtors say a home with a tenant will sell for a little less than a home that is unoccupied or has the owner in residence.

Community weighs in on Walter Reed development
DC Urban Turf

The expansive plans on the boards feature 3.1 million square feet of development, including 90 townhomes, 1,864 multifamily units and more than 100 homes for homeless veterans. Retail is also in the works, including perhaps a Wegman’s.

Skyland struggles toward uncertain timeline
DC Mud

With the specter of a Wal-Mart vs. Safeway showdown over a decade-old exclusivity covenant having receded, the District can get back to resolving the many other issues standing in the way of the Skyland redevelopment in Southeast DC, a top priority of Mayor Vincent Gray’s embattled administration.

F Street HouseF Street House serves as home to the president of George Washington University in Foggy Bottom.

NATIONAL

2011's foreclosure rates lowest since pre-recession
Washington Examiner

The decline does not necessarily indicate that the housing market is getting better, as many foreclosures have been delayed due to confusion over documentation and legal issues involved in the process.

Bernanke doubles down on Fed bet defied by recession: Mortgages
Business Week

Fed chairman is signaling his willingness to double down on a three-year bet that’s failed to revive housing, showing the extent of the Federal Reserve chairman’s effort to wrest a recovery from the deepest recession.

New housing polices needed for recovery: Fed's Duke
Reuters

The Federal Reserve Governor said a moderate recovery in the economy was possible in 2012, especially if new policies are implemented to accelerate the housing and mortgage market repair.

Optimism builds for nation's builders
Wall Street Journal

The National Association of Home Builders said its closely watched housing market index rose to 25 from 21 in December, reaching its highest point since June 2007. This was the fourth-straight monthly increase.

Shopping for the best rates
The New York Times

Mortgage lenders adjust their rates based on perceptions of risk, so unless you can show you’re a low-risk borrower, you are unlikely to qualify for a rate that matches those seen in all the advertisements or headlines.

O.J. Simpson faces foreclosure on Florida home
CNN Money

Simpson, who is serving a prison sentence of up to 33 years for a 2007 armed robbery and kidnapping in Nevada, has not made a mortgage payment since 2010, according to the source.

A recent article in the Washington Post describes why affordable housing is becoming harder to find, and it got me thinking about a pair of homebuyer programs that can help DC residents achieve their dreams of homeownership.

Saving for a down payment is no easy task. If you're going the FHA route, you'll have to come up with a minimum of 3.5 percent of the purchase price plus additional funds for closing costs (probably another 4-5 percent).

Check in every Thursday for the latest edition of DC Real Estate Weekly, where we post a list of our favorite real estate news stories from DC and beyond.

LOCAL

DC experiences lowest for-sale inventories since 2005
DC Urban Turf

Only 1 in 20 (5.6%) active listings are under foreclosure, a significant decrease from the 11.2% foreclosed market share in December 2010. The 327 new foreclosure listings entering the market in December was 58.5% lower than the same period last year.

Metro's Green Line where it's at, study says
Washington Examiner

A new study that says Metro's Green Line is the District's leading economic development corridor is set to be released Thursday at the Capitol Riverfront's annual meeting.

When a homeowner becomes a landlord
Washington Times

Some homeowners are taking advantage of competitive rental rates and low mortgage rates to improve their finances.

How the government can improve the housing market in 2012
Washington Post

As we ponder the many ways we can improve ourselves in this new year, Post columnist Harvey Jacobs writes three resolutions that the government can carry out to overhaul the moribund real estate industry in 2012.

EYA opens new community in Fairfax, VA
DC Mud

Mosaic District is a 31-acre mixed-use urban renewal project at the site of the former Merrifield Multiplex Cinema at Gallows Road and Lee Highway in Fairfax. 

Shaw LibraryThe Shaw Library is located on the Green line, the District's leading economic development corridor.

NATIONAL

Tim Tebow leads poll for most desired neighbors
MSNBC

However they feel about his quarterbacking skills and eponymous post-touchdown crouch, many Americans think the Denver Broncos' Tim Tebow would make a pretty good neighbor. 

A good rental history can help borrowers
The New York Times

If you’re planning to buy a home for the first time later this year, your chances of qualifying for a mortgage might be better if you’ve had a history of paying the rent on time.

Fed up with the depressed state of housing
Wall Street Journal

With the economic rebound still mediocre at best, the Fed is charging into the housing debate. But in doing so, it runs the risk of politicizing itself, while also sending mixed signals to banks still trying to find their post-crisis feet.

Government set to sell foreclosures in bulk
CNBC

The Obama administration, in conjunction with federal regulators and led by the overseer of Fannie Mae and Freddie Mac, is very close to announcing a pilot program to sell government-owned foreclosures in bulk to investors as rentals, according to administration officials.

Can anyone safe Fannie Mae and Freddie Mac
CNN Money

It has been more than three years since then Treasury Secretary Henry Paulson fired his famous metaphorical bazooka and the federal government seized control of mortgage agencies Fannie Mae and Freddie Mac. Sadly, Fannie and Freddie are still a cause for worry and a source of national embarrassment.

Beige Book shows economy is expanding in most parts of the country
Housing Wire

The Beige Book, which gathers anecdotal evidence of economic conditions in the dozen Fed districts nationwide, showed seven districts reported modest growth, while four noted moderate growth and one indicated flat to slight improvements over the period.

Refunds are always nice — even if it is just a refund of an overpayment, it still feels like new money.  

Sometimes certain circumstances arise that can lead to a homeowner paying his property taxes to the county twice. Usually a double payment of taxes to the county is caused by one of the following three reasons.

This article will help you obtain a refund (unless you prefer to donate your money to the county tax fund).

Check in every Thursday for the latest edition of DC Real Estate Weekly, where we post a list of our favorite real estate news stories from DC and beyond.

LOCAL

Buying or selling a home: What to expect in 2012
Washington Post

Six years after the country’s housing market began its downward slide, and zero years into a whole-hearted, full-fledged recovery. Most of the Washington region has been insulated from the worst of the housing crisis, but the local market is nonetheless in an unpredictable spot.

Baltimore, DC home sales expected to climb in 2012
Housing Wire

Foreclosures are at the lowest rate in three years in the area, which also has public transportation projects underway and job security for many residents, the MRIS report notes. There's also been a slow but steady increase in the median home sale price since 2010.

All DC homes to be sold as-is
DC Urban Turf

While the new contract may result in increased transparency, many believe that it will shift power in favor of sellers, and could affect property values.

Ringing out the New Year on a positive note
Washington Times

2011 turned out to be a good year for the Washington-area real estate market. Buyers were more active than they have been in five years, and the backlog of unsold homes fell to its lowest point in seven years.

From Russia with love and window treatments
DC Mud

For transplanted Moscow native Lena Kroupnik of Lena Kroupnik Interiors, crossing the great and cold divide in 1991 entailed more than simply swapping nations.

Logan Circle homes

 

NATIONAL

Real estate pros share their insights on 2012
Inman News

Inman News asked readers to share their expectations for real estate's top issues and trends in 2012, and to find out what tops their wish lists and to-do lists in the year ahead.

Mortgage rate drops for the New Year
Wall Street Journal

Zillow said the 30-year fixed mortgage rate on its Mortgage Marketplace is at 3.73%, down from 3.81% a week earlier. The company said the rate dropped to 3.68% on Saturday and then held between 3.74% and 3.79% until it fell to the current rate early Tuesday morning.

Refinancing gets even more attractive
Smart Money

Economic uncertainty in Europe and slow growth in the U.S. are prompting investors to pile into ultrasafe U.S. Treasurys. That, in turn, is pushing down mortgage rates, which are tied to Treasurys. 

5 events that really mattered for housing in 2011 and beyond
Time magazine

Government, the mortgage industry and forces of nature all shook the housing market in 2011. They had both an immediate impact and slow-burning effects, setting the stage for a bumpy 2012 with more foreclosures, political battles and local market risks.

Fed White Paper: "The US housing market: Current conditions and policy considerations
Calculated Risk

At the same time that housing demand has weakened, the number of homes for sale is elevated relative to historical norms, due in large part to the swollen inventory of homes held by banks, guarantors, and servicers after completion of foreclosure proceedings.

If there's one point we really like to drive home around here, it's that consumers should shop title companies in the same way they shop for a lender or real estate agent. The savings could be in the range of thousands of dollars.

When our attorneys aren't busy providing expert settlement services to our clients, they are spreading the Federal Title gospel to all who will listen. Here's a sample of some news stories we got to weigh in on this year:

New refinancing options for lower title fees
Washington Post
In the Washington area, Federal Title & Escrow provides as much as to $1,000 off total closing costs for home buyers who use its online “Real Credit” software platform for their transactions.

Shop for title insurance and closing services
Fox Business
If you have already been shopping for a real estate agent, a lender, a home and a moving company, you may be feeling shopped out. Before you put your feet up and relax, you should take the time to shop for title and closing services.

Shopping for title insurance can save you bundles
HSH.com
Whether you're buying a home or trying to refinance your mortgage, you should expect your title insurance to be among the more expensive items you'll have to pay for to get your new mortgage. However, you can save a bundle by shopping around for the most cost-effective policies that will protect you and your investment.

Buying a home? Shop around for title insurance
Washington Examiner
It may not seem like that much when you put that number next to the $400,000 you're going to owe the bank. But when you're paying those up-front closing costs, it can help ease that immediate burden.

New DC title insurance shortcomings
Washington Post
[T]he new law does not require settlement services providers to disclose their fees in writing or publish them on their Web site. The new law creates a huge disincentive to continue to publish settlement fees and costs since those disclosures could later be used by the District as evidence that those fees were not applied in all similarly situated settlements.

Get the refi that the lender promised
Bankrate.com
Section 1300 on the HUD-1 lists "additional settlement charges." It's a good idea to ask what these fees are for, and whether they are necessary. Ewing suggests that consumers go online to check for average closing cost fees at other local title companies to make a comparison.

Closing on your home: Are you walking in blind?
HSH.com
Homebuyers should stay in close touch with their real estate agent and lender in the days leading up to the closing to be certain all the necessary documents and financial arrangements for the mortgage are in place.

Who owns the foreclosure you bought?
Fox Business
Although most buyers have little to fear, the recent chaos surrounding sales of distressed properties highlights the importance of protecting yourself when purchasing a foreclosure.

Sponsored: 10 things you should know about closing costs
DC Urban Turf
Closing costs will inevitably take a large bite out of your wallet at the settlement table — anywhere from a few to several thousand dollars. The information in this article will help you better understand closing costs and teach you the right questions to ask your title or real estate agent.

Our blog is one of our best tools for communicating with our clients. We use this space to answer commonly asked questions and address industry changes that may impact you, the homebuyer (or the homeowner who wants to refinance). It's where we write about what we know best: the closing process.

The following is a list of the Top 10 most popular articles on our blog in 2011. Please feel free to leave suggestions for future blog posts in the comments below. 

Shopping for title insurance services in the District of Columbia could save homebuyers up to $1,180, according to a recent study, while shopping in Maryland or Virginia could mean a savings of over $900.

"In this world nothing can be said to be certain, except death and taxes," Ben Franklin once famously said. Yet when it comes to taxes on real property – especially for first-time homebuyers – we find much uncertainty and confusion exists.

You just signed a contract to buy your dream home, the one with the white picket fence, the game room and the custom kitchen.  The only issue is that the sale of your property is taking place on June 20, while this house will not be ready until June 25.  Immediately you call the buyers of your property, and while they have no problem waiting to move into the property, the lock on their loan expires on June 20.  Now what?

In the world of real estate closings and title insurance lurks an oft misunderstood concept we call the “Reissue Rate.”  Simply put, a reissue rate is a homebuyer discount on the cost of an owner's title insurance policy.

As a result of a $10 million settlement in a class action lawsuit filed in the U.S. District Court of Atlanta, Georgia, Wells Fargo will issue refunds of $175 to approximately 60,000 military members and veterans who refinanced VA loans through Wells Fargo, Wachovia and SouthTrust between January 20, 2004 and October 7, 2010.

In the vein of “Affiliated Business Arrangements = Bad Business,” I bring to you yet more evidence of the same.  In an effort to maintain their government-sanctioned kickbacks, proponents (i.e., RESPRO, et. al.) of Affiliated Business Arrangements (ABAs) made a specious claim in a recent meeting with the Federal Reserve Board. 

An insured closing letter, also called a closing protection letter, is issued for an agent by the title insurance underwriter to your lender prior to your closing. This letter is for lender purposes only and is not issued to individuals for owner’s title insurance.

Effective January 1, 2011, the rate of withholding taxes to be withheld and paid to the Clerk of the Court on the sale of real estate by non-residents in the state of Maryland has been lowered from 7.5% to 6.75%. The rate of withholding for non-Maryland entities has remained unchanged at 8.25%.  

You will still need to meet the guidelines and supply proper documentation. You must have met the property purchase price threshold, used the property as your principal residence and be domiciled in the District of Columbia.  

Cash buyers are often reluctant to buy title insurance since it is not required when paying cash for real estate.  Title insurance is viewed as an esoteric commodity that’s imposed by lenders but doesn’t actually serve a purpose.  

Browse content by topic

 

Connect with FTE