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With foreign buyers again flocking to buy United States real estate, it is important as a Buyer Realtor to remember to advise them of their obligations and liabilities when they sell it. FIRPTA (Foreign Investment in Real Property Tax Act) has been around for decades, yet many Realtors forget to tell their foreign buyers of the implications of FIRPTA when the foreigner is looking to buy, thereby possibly short changing their client on options and surprising them with expenses when they sell.
Some Basics:
There is no tax when the property is purchased - it is when it is sold.
A corporation owned by a foreign national is generally subject to FIRPTA.
If a married couple owns the house and one spouse is foreign, then the foreign spouses' one-half interest is subject to FIRPTA.
If a married couple owns the house and one spouse is foreign but is deceased, the deceased interest is still counted as being foreign owned.
The way FIRPTA works, at the sale the closing agent or the new Buyer must withhold and submit to the IRS 10% of the sale price. Note, that is 10% of the contract sale price, not the net to seller! The Seller then needs to file a tax return and either pay the additional tax (if more would be due) or seek the refund.
Short Sale transactions are NOT exempt and require the tax be paid.
There Are Some Areas of Relief:
You can apply for an Exemption Certificate from the IRS, which as of now takes about a month to obtain. If you have no one familiar on how to do it, our firm can do it for you. The Exemption Certificate sets forth the financial aspects of the prior purchase and the present sale of the property and shows that no profit is being made, and thus the IRS will issue a certificate to that effect, exempting the closing agent/buyer from having to withhold the 10% of the sale price.
If the property being sold is residential property and the sale price is under $300,000, and the Buyer will sign an affidavit that the Buyer and family will be the exclusive user of the property for half of EACH of the next two years, then the closing agent can rely on the affidavit and not collect the withholding 10% tax. A bit weird but many transactions fall into this category.
If a foreign corporation that has elected to be treated as a domestic corporation and furnishes the buyer with a Non-Foreign Person Certification (Entity Transferor), then no withholding will be required.
See my previous articles on FIRPTA here on ActiveRain at FIRPTA and SHORT SALES - DANGEROUS LIABILITY TO BUYER AND CLOSING AGENT and at SHORT SALE AND FIRPTA TAX WITHHOLDING - IRS ISSUES PRIVATE GUIDANCE. The IRS law on FIRPTA can be found at Foreign Investment in Real Property Tax Act of 1980.
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© 2013 Richard P Zaretsky, Esq.
Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader.
Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com New Website www.Florida-Counsel.com.
See our easy to find articles at
TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES.
Good morning Superstars.
One of the questions I frequently see is from agents wanting lender contacts so they can have a foreclosure stopped or postponed. My standard response is that the borrower needs to speak with an Attorney and they need to do it ASAP.
It is not our job, as agents, to get involved with stopping foreclosures. Last I checked our licenses are for selling real estate not practicing law. Foreclosure defense is a legal issue not a real estate issue.
Usually the response I get when I answer like this is “Well I’m just trying to help these people out”. No. You. Are. Not.
You are harming them by trying to do something you are not qualified to do.
As Short Sale agents we have to know what we can and what we can’t do. Stopping a foreclosure is one of the things we can’t do. Now we may get lucky every now and then BUT it is still practicing law.
Sellers with a looming foreclosure date need an Attorney. As a Short Sale agent be sure to align yourself with an Attorney that you know and trust so you can feel comfortable referring your Sellers to them when needed.
Align yourself with a good
(Audios are 45-90 min each).
- Why a Short Sale?
- Qualifying The Seller
- Pricing and Marketing The Property
- Negotiating Techniques 1
- HUD1 Tips
- Escalation and Communication Tips
- Disputing Bad BPOs
- Cash Contributions and Prom Notes
- Negotiating Junior Liens
- Lead Generation
- 10 Short Sale Mistakes
- VA, HAP and FHA
- Getting Short Sales Closed
***Use discount code sss10000 for a $50 instant savings
Does anyone have a supervisor number to BSI Financial or can guide me on how to follow up, I have been negotiating with BSi a short sale and we were schedule to close on the 30th of this month which buyer having a FHA financing needed additional time and asked for an extension, BSI financial said no and wanted us to put the house on market which we did and the next day they said they are canceling the short sale without explaining why.
Good morning Superstars,
Here's a sampling of this week's Superstar discussions.
Discussions | Replies | Latest Activity |
---|---|---|
Fannie, Hafa, & Promissory Notes?With all of the changes on Fannie short sales, I want to be sure I have this straight. My client has been offered a Fannie short sale and a… Started by Gabrielle Nemes | 9 | 5 hours ago Reply by Kevin - Greenville, SC |
Wells Fargo Escalation Contact PleaseGood morning Super Stars, I need an escalation contact at Wells Fargo. I listed a property for 220k. Wells countered back with 235k. Th… Started by Marlon Rankine | 4 | 18 hours ago Reply by Brian Avery |
BPO expiration, need your help!Hello everyone: So we have a SS file (both 1st/2nd with U.S. Bank). The first is still waiting for approval from the second in order to mov… Started by Tracy Johnson | 2 | yesterday Reply by Tracy Johnson |
Foreclosure after discharged bankruptcyI have been talking to a potential client that has gone through a bankruptcy and been discharged. The house is now set for foreclosure in… Started by Rob Olson | 4 | on Thursday Reply by Ron Scribner |
BofA FHA Short Sale - Buyer AssistanceMy wife and I have had an accepted offer from the seller since January 23rd, 2013. BofA came back to us multiple times in the first few mo… Started by Joshua Walters | 2 | on Thursday Reply by Brian Avery |
Chase - What Will They Pay?Has anyone had a short sale with Chase where they paid for termite treatments? I represent the buyer in this case and we found out about th… Started by Rita Cox | 3 | on Thursday Reply by Minna Reid |
Seller has FHA loanI received approval on a short sale today where my seller had an FHA loan. There is nothing in the approval letter stating that the defici… Started by RoJane Maybee | 2 | on Thursday Reply by Minna Reid |
NJ-NationStar does not want to cover oil tank remediation. Anybody with the same problem?This is a New Jersey Short Sale Transaction - After battling with NS about not getting a property on their fraudulent Auction.com, we later… Started by Ismael Medina | 1 | on Thursday Reply by Minna Reid |
(Audios are 45-90 min each).
- Why a Short Sale?
- Qualifying The Seller
- Pricing and Marketing The Property
- Negotiating Techniques 1
- HUD1 Tips
- Escalation and Communication Tips
- Disputing Bad BPOs
- Cash Contributions and Prom Notes
- Negotiating Junior Liens
- Lead Generation
- 10 Short Sale Mistakes
- VA, HAP and FHA
- Getting Short Sales Closed
***Use discount code sss10000 for a $50 instant savings
Corona Short Sale Agents
Are you considering short selling your Corona house or property? Are you unsure where to start? The first step to successfully short sale your Corona home is to find the right Corona short sale agent.
What is the right Corona short sale agent? The right Corona short sale agent is competent and experienced in the real estate short sale process. We can give you the best case scenario and advise you on how to avoid the many pitfalls of a Corona short sale.
So let's get started. Call us now at (888) 9-List-It. That's (888) 954-7848.
Together we can help you avoid foreclosure, get out from under that smothering mortgage, and get your family back on track!
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Call Now: (888) 9-List-It.
That's (888) 954-7848.
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We would like to introduce you to our home buyer specialist, Bethany Alexander, Realtor® serving the Oregon, Wisconsin area!
Real Estate Agent/Realtor®
608-212-4101 (cell)
Bethany@RockRealtyWI.com
www.SweetHomeWI.com
We are happy to announce the closing on another one of our short sale listings, this time in Oxford, WI! This was an Associated Bank negotiated short sale. Short sale transactions can be complex, but if you have an experienced Short Sale Realtor® the process is much more manageable.
This was a fantastic log home with acreage, at a great price! The new owners are sure going to enjoy all 38+ Acres! If you are thinking of selling or buying a short sale home in Wisconsin, our short sale specialists would be happy to assist you. Give Rock Realty a call at 608-921-8536. (We are a full service real estate brokerage.)
Is a Short Sale right for my situation??
If you are considering the possibility of a short sale for your home and have further questions, feel free to visit the page below:
Good morning Superstars,
Here's a sampling of this week's superstar discussions.
Discussions | Replies | Latest Activity |
---|---|---|
Will investor ever deal directly with the shortsale buyer and hold paperMy buyer likes to think outside of the box. He's in escrow on a short sale and asked me if it's possible to go directly to the investor an… Started by Thalia Poulos | 1 | 20 hours ago Reply by Wayne Brooks |
Do FHA Short Sale Limits Buyer Closing Cost to 1% ALWAYS?I represent a buyer using VA loan. Short sale seller has FHA loan, but list agent says only 1% allowed for my buyer's closing costs. I th… Started by Frank Biganski | 3 | yesterday Reply by Kevin - Greenville, SC |
Section 8 Tenant in Duplex being short sold!Does anyone have a clue if a section 8 tenant will be eligible for relo money in an investor short sale? 1st lien BoA 2nd Lien Chase-proper… Started by Ann E Richardson | 3 | yesterday Reply by Ron Scribner |
We just found out that our seller has a restraining order going on in Maryland District courtDoes anybody know if this is a serious issue when it comes to selling a house? Can the seller actually sell the property?Seller is alone in… Started by Patricia Bravo | 8 | yesterday Reply by Patricia Bravo |
US Bank Escalation Contact NeededWho can I call? The negotiator repeatedly escalates to his supervisor to no avail. Property with SS package and offer sent in. Can't eve… Started by Linda Cadotte | 7 | yesterday Reply by Ron Scribner |
Wells Fargo Short Sale - About to enter foreclosure status next month - Need AdviceWells Fargo short sale but seller contacted me too late... was already 4 months behind in payments. Property has been on market since Marc… Started by Frank Biganski | 4 |
(Audios are 45-90 min each).
- Why a Short Sale?
- Qualifying The Seller
- Pricing and Marketing The Property
- Negotiating Techniques 1
- HUD1 Tips
- Escalation and Communication Tips
- Disputing Bad BPOs
- Cash Contributions and Prom Notes
- Negotiating Junior Liens
- Lead Generation
- 10 Short Sale Mistakes
- VA, HAP and FHA
- Getting Short Sales Closed
***Use discount code sss10000 for a $50 instant savings
Today's market (5/13/13) favors sellers as we have rapidly shifted from a buyers market to a strong sellers market. This means, short sellers are typically in multiple offer situations and now have choices on offers to choose from. So which offer should the seller choose? Let's explore two important aspects of a short sale purchase and sale agreement that should sway your decision.
What type of financing is the buyer obtaining?
Financing is a key factor in determining which offer is stronger. Let's lay it out from best to worst in order:
1. Cash 2. Conventional 3. FHA 4. VA
The problem with the latter financing options (FHA, VA, and others) is that they are very stringent on their inspections/appraisals and often doesn't pass their standard because they are federally insured or guaranteed. Cash and conventional is ALWAYS better even if the offer amounts are higher with FHA or VA.
How strong is their 22ss Form?
What is a 22ss form? The form 22ss is the short sale addendum to the purchase and sale agreement.
There are two lines our team at Seattle short sale blog don't compromise and that is,
4. Termination by buyer - Must check the "may not" box. Meaning, the buyer may not terminate the agreement at anytime prior to notice of lender consent (unless after the time period expires). This is VERY IMPORTANT. A couple of years ago, buyers would freely jump from one property to the next. In today's market, they need to be committed to the short sale especially because short sales take 90-120 days to close and many of them lose that emotional high when purchasing homes.
5. Computation of time - Important to check "Deposit of earnest money," "Inspection addendum," "Financing addendum," and "Title contingency addendum."
Let's take the inspection addendum for example. You can either have the inspection done soon after mutual acceptance (preferred) or you can have it done after submitting the short sale package and obtaining lenders approval. After all of that waiting and submitting, what if the buyer loses interest and/or doesn't like the inspection report and walks away from the deal? Get it done early and solidify that commitment prior to moving forward so you don't waste time, money, and energy.
Not all offers are created equal. Agent's and short sellers must understand the importance of picking the offer that contains a committed buyer over the buyer with the higher offer amount.
Hope this helps
Peter
My name is Reta Stead and I am a short sale specialist in Polk County Florida I have been successfully closing short sales for over 12 years so if you want a specialist with a proven track record give me a call.
Reta Stead/broker owner Southern belle Realty 863-956-3404.
Good morning Superstars,
Here's a sampling of this week's Superstar discussions.
Discussions | Replies | Latest Activity |
---|---|---|
Principal Curtailment PaymentHey Everyone, This is a first for me. We are working with a short sale and there are two loans on the property. The first is a fannie ma… Started by Freddie Castaneda | 17 | 14 hours ago Reply by Kimberley Kelly |
BofA PFS Short Sale / Deficiency Waiver?I have a BofA short sale... We just got the approval letter. However, we cannot figure out where it waives the deficiency. When I ask BofA… Started by Matthew Jeschke | 2 | yesterday Reply by Kevin - Greenville, SC |
Franklin Credit Management HelpI just got an approval letter from Franklin, 2nd lien, saying that they will only release the trust/lien, but will reserve all the rights t… Started by Trong Dang | 1 | yesterday Reply by Ron Scribner |
Junior lender declines HAFA approvalWe have had a lot of recent success with our short sales, but we have just now experienced first hand, the drastic changes coming to our pr… Started by Erik Larson | 15 | yesterday Reply by Ron Scribner |
4 Liens and no cooperation...Short sale with four liens: BOA first will only give second 734 will not budge SLS second Demanding 1500 will not budge One credit card wit… Started by Dawn Maloney | 29 | yesterday Reply by Dawn Maloney |
Secret AppraisalsThis is a great article that I have read and re-read. Kudos to Bryant Tutas for writing and sharing it. From "Short Sales Are Serious Busin… Started by C. McBee | 2 | yesterday Reply by Bryant Tutas |
Updates on Fannie Mae & Freddie Mac Inflated Value IssuesJust looking for any input on others experiencing the Fannie & Freddie inflated value issues. Any recent updates or solutions? I have… Started by Raymond Kennedy | 38 | on Friday Reply by Kevin - Greenville, SC |
VA not responding to ChaseChase picked up a loan the first week of March from Met Life. We turned in a full package the first week of March as soon as Chase assigned… Started by Holly Jessop | 4 | on Friday Reply by Kevin - Greenville, SC |
FHA and Chapter 7Good morning Superstars, I am working a short sale where the seller's moved out of the home and are renting a home for cheaper than their… Started by Marlon Rankine Do You Need More Short Sale Listings? Short Sale Superstars wants to make generating Short Sale leads easier for you. So..... .....here is a FREE one hour course on Short Sale Lead Generation that may help you. Let's make 2013 a banner year for Short Sales. Together we can help a lot of folks avoid foreclosure. | 1 | on Thursday Reply by Brian Avery |
We received this question recently:
“Hi Broker Bryant, I'm in the process of doing a Short Sale on my home. My husband is on the deed but is not on the loan. After we do the Short Sale can he buy us a house using only his credit for the mortgage?”
Well that’s a good question. The answer is.........I doubt it. At least not for a few years. Since he is not on the loan his credit will not necessarily be affected. However, in the new lender’s eyes, because he is on the Deed, he will be “Guilty by Association”.
This is because the property you did the Short Sale on was your “Marital Home”. He may not have been on the loan but he was an owner. He reaped the benefits of ownership and he will also suffer the consequences of the default.
The default will not show up on his credit but......the new lender will do a check on his last place of residence and his ownership of the property will show up. AND the property will show up as being sold as a short sale. “Paid in full for less than the full amount”.
Time Frame For Getting A New Mortgage
- Mortgage program lending guidelines after a short sale depend on the lender. For loans that are federally backed, such as those from the Federal Housing Administration (FHA), you'll have to wait at least two years from the short sale before you regain eligibility. That's as long as you were current on your old home loan. If you weren't, eligibility could take as long as three years. Private lenders, of course, are free to set their own time requirements. Read the full article.
Of course I am NOT a mortgage professional. This information is based on my research. Run this by your mortgage professional.
Upcoming webinar:
Bryant Tutas (Short Sale Superstars / Tutas Towne Realty)
The corruption of the banks continue here still in Las Vegas! Us Bank approved a short sale after 8 months of gruelling work only to delay in approving the final closing Hud ( nearly two weeks ago). The Presidential office now inform me they are rescinding the agreement as they state the seller makes too much money! This after they already approved sellers based on pay stubs and current tax years. Anybody else have a similar experience? We are starting the fight and intend to expose these crooks. Complaints to our local congress and OCC are in tow. Any intelligent suggestions would be appreciated.
Good morning Superstars.
We have had several members ask us about our referral program. So.....here’s how it works.
Short Sale Superstars receives requests from sellers and buyers needing assistance. These referrals are sent out in a group message to our Advanced Short Sale Training Group members first. Becoming a member of this group requires going through our Advanced Short Sale Training. The cost is $147.00 for a 2 year membership and 13 hours of training (audio). Click the link above for more details.
If we do not have an advanced member in the area needed we then send out a group message to the members of the Referral Group. Joining the Referral Group is free.
If there is still no one available to assist we then send out an email to all members of Short Sale Superstars. Also free.
Currently we charge a 20% referral fee on properties that sale for $100,000 or more. Referrals are paid to REGrow, LLC a Florida Licensed Real Estate Brokerage. REGrow, LLC is the owner of Short Sale Superstars.
So.....are ready for some referrals?
Do You Need More Short Sale Listings?
Short Sale Superstars wants to make generating Short Sale leads easier for you. So.....
.....here is a FREE one hour course on Short Sale Lead Generation that may help you.
Let's make 2013 a banner year for Short Sales. Together we can help a lot of folks avoid foreclosure.
Realtor Roys Real Estate News < My website
Ok it looks like I will lose this argument for now and will comply with the last minute demand by Chase that the commission is reduced to 5%. I have not had to do this before. Mostly lucky I guess that they have been Fannie or Freddie short sales. The negotiator on this file made the thinly veiled implication that a file has to be closed if it cannot move forward because of compliance issue. She did not come out and say it of course that acceptance of the offer is subject to agent’s reduction in commission. Sadly the seller is going through a divorce with 6! Kids……seriously. So I am not going to risk the negotiator sending the file back to the beginning in Equator. She can do that you know. Chase is new to Equator I believe since November and it is a sad thing to see and experience. They are totally dysfunctional.
So does anyone know specifically where you can get a copy/metrics for Chase bank owned short sale guidelines? I mean owned and serviced by Chase alone. Not a HAFA. A straight up traditional short sale that is bank owned. This started out as a Washington Mutual loan…and they say there are new guideline for them since last November....
Michael