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Congress passes new housing bill - Bush signs into law - you better have a down payment if you want to buy a house

By
Real Estate Agent with Sand Dollar Realty Group, Inc. BK627826

In case you hadn't heard the news, President Bush just signed a major housing bill into law. You can read more detailed stories at USA Today and CNN Money .

This law will permit about 400,000 troubled homeowners to refinance into FHA loans.  I truly wonder how many will actually take advantage of this opportunity.  This part of the law has gotten the biggest hype, but will probably have few people take advantage of it.

Additionally the law makes some significant changes to Fannie Mae, Freddie Mac, and FHA. Here are some of the highlights:

It permanently raises the conforming loan limits of Fannie and Freddie to $625,500 (up from $417,000). It gives up to a $7,500 tax credit for new home buyers.  It puts a ban on seller-paid down payment assistance programs (i.e. Nehemiah and Ameridream).  It raises the down payment on FHA loans to 3.5% (up from 3%). It gives $4 billion in grants in state and local governments.  To me the new law has some positives and some negatives. 

Raising the conforming loan amounts for Fannie and Freddie is great for borrowers because it keeps their interest rates lower for these more expensive loans, but aren't Fannie and Freddie already in questionable financial condition?

The $7,500 tax credit is great, but making the tax code even more complex isn't great.

Banning the down payment assistance programs and raising the down payment amounts is actually a good thing for the overall economy long-term.  It forces homebuyers to have a reasonable down payment.  Many homebuyers in the past were really just renters who somehow stumbled into a loan because of creative dealings by themselves and the other parties and professionals in the transaction.  However, this change is bad for buyers, sellers, Realtors, lenders, and anyone in the real estate industry, because now there are that many fewer buyers that will qualify for a loan.  If the buyer doesn't have money for a down payment (which is most first time buyers), then they can't buy.  Sadly, this may really put a screeching halt to any attempt at a housing recovery we were having. What were Congress and the President thinking???

The $4 billion in grants.  Sounds to me like more government fat being spent during an election year.

And that is my take on this new law.

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(Copyright © 2008. Sand Dollar Realty Group, Inc. All rights reserved.)

Rob Arnold - Your full service and investor friendly Realtor in Orlando and Central Florida.

ABR, CPL, CRB, GRI, Managing real estate broker, Licensed mortgage broker, Notary Public

407-389-7318 / 1-877-389-7318    www.SDRhouses.com/   www.WeBuyHousesFlorida.com/

Learn to invest in Central Florida real estate and Orlando real estate. Investor mentoring and counseling available. We sell properties, list properties, and we buy houses cash throughout the Central Florida & metro Orlando area.  

I also provide flat fee MLS listings, For Sale By Owner, and menu-based services in most parts of Central & South Florida, the Space Coast, and the Treasure Coast including Orlando, Winter Park, Maitland, Ocoee, Winter Garden, Apopka, Altamonte Springs, Casselberry, Longwood, Winter Springs, Oviedo, Lake Mary, Sanford, Deltona, Debary, Deland, Mount Dora, Eustis, Clermont, Kissimmee, Winter Haven, Lakeland, Tampa, Sarasota, Bradenton, Miami-Dade, Fort Lauderdale, West Palm Beach, Port Saint Lucie, Melbourne, Daytona Beach, Ocala, Gainesville, Volusia, Brevard, and more.

 

Anonymous
Mitch Thomas

Rob,

Nice blog, enjoyed this post.

I agree with you that this new housing law has some positives and negatives. 

With the tougher lending guidelines on borrowers, it looks like rental properties and lease/option and owner financing is going to be a hot commodity!

Great time to be a creative real estate investor and/or a Realtor huh?

Mitch

www.ibuyhousesfl.com

Jul 30, 2008 05:18 AM
#1
Mike Saunders
Retired - Athens, GA

I am not sure why it is called a tax credit, it has to be paid back within 15 years in installments. Yes, it does get credited back on the next years tax return. However, it doesn't come when most needed, at the time of funding the loan on the house.

Jul 30, 2008 05:28 AM
Fred Chamberlin
Guild Mortgage Co - Oak Harbor WA - Oak Harbor, WA
Oak Harbor/Whidbeynulls, #1 Experienced FHA Mortgage Consultant

I agree completely. It would be nice if you could use the tax credit for the downpayment, wouldn't it?

Jul 30, 2008 05:35 AM
Anonymous
Thomas Goodwin

Paying back the maximum tax credit will roughly increase your yearly tax bill by $500 for the next 15 years.  I don't see how this will be helpful for the masses.

I'm not sure, but I believe some of the state money is intended, or could be used, for state down pament assistance programs.  Some cities, like Orlando, also offer down payment assistance programs.  But it will take the big boys out of the picture.

Jul 31, 2008 04:18 AM
#4
Cheri Smith
Prudential Gary Greene, Cypress TX - Cypress, TX
Realtor Prudential Gary Greene

I wanted changes but this was not what I had in mind.

Jul 31, 2008 04:25 AM
Kathy Fisher
Parker Properties - Decatur, TX
Realtor Wise County Texas

This whole thing just SUCKS!! This will absolutely kill any recovery that my business was starting to see. My client base (about 90%) is in a price point below $160k. They ALL need help of some kind, now the downpayment help is gone....therefore.....so is my main business.

Jul 31, 2008 05:22 PM
Debbie Summers
Charles Rutenberg Realty - New Smyrna Beach, FL

Rob - It's just too bad that our elected officials are out of touch with reality and their "save the housing market bill" hurts more people than they realize.

Aug 01, 2008 07:12 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Mitch - I agree it is a good time to invest in rentals.  With the creative financing it is good only if the people have money to put down and have some reasonable financials and credit.  FHA still only requires 3.5% down.  That's only $5,250 on a 150K house. A foreclosure suit will cost you $2000+ in attorneys fees alone - I am doing one right now, so I know it first hand. The problem right now is the people with rotten credit also have an empty bank account - typical.

Mike - It is a load of baloney.  Pandering during an election year, plain and simple.

Fred - It would sure be nice if that were the case.

 

 

Aug 02, 2008 02:13 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Thomas - It doesn't sound like it helps much at all.

Cheri - I agree.

Kathy - And you wonder why both Congress and the President have such low approval ratings.  They are so out of touch with the common-folk, it is ridiculous.

Debbie - It is a shame that they did this, especially during an election year.  I emailed both my senators asking them not to sign this, both responded with typical politician rhetoric about saving the housing market, etc.  I don't know how either of them voted, but somehow I doubt they know this laws effects.

Aug 02, 2008 02:17 AM
Kathy Fisher
Parker Properties - Decatur, TX
Realtor Wise County Texas

Thought I would let all know that want to "TRY" and do something to help this situation, that there is a petition to sign on line through the Nehemia Program. Here is the link and it takes about 2 minutes to sign up and sign the petition to be forwarded to your representatives.

http://capwiz.com/nehemia/issues/alert/?alertid=11709431

I don't know if will help but it CERTAINLY won't hurt.

Aug 02, 2008 02:55 PM
Anonymous
EL Numero Juan

I don't really see how this will benefit the people, or the market.

It's up to the lender to decide whether or not they will re-fi the borrower at a lower appraised value.  I've been working short sales for two years now and these lenders take some time to catch up with the situation.  By the time they realize it would be in their best interest to re-fi people in trouble we will have completed another wave of foreclosures and there will be nobody left to help.

About owner finance....I love it.  I beleive that the opportunities to provide housing for people who can not qualify through traditional channels is great.  The most important thing any investor/ realor can do is to educate themselves on the paper business and creative finance.

A market like this creates millionaires.  Get in or get out of the way.

El Numero Juan (Blog)

 

Aug 06, 2008 01:50 AM
#11
Anonymous
Andy Tolbert

Hey Rob, it's funny that a lot of the people that responded to your post mentioned "creative financing", owner financing, lease options, and "paper" because that is exactly what I've been teaching Realtors and investors over the last few years!

I've found that many agents are afraid of these concepts and/or don't know how to discuss them with the seller.  I've found a system that makes that very easy, AND I've been getting tons of listing referrals BECAUSE I am helping my sellers do the creative stuff!

Maybe I need to do a blog post about that!

AndyTolbert

Aug 06, 2008 03:31 AM
#12