The housing rescue bill, signed into law July 30, 2008, is full of goodies and not-so-goodies for homeowners and those who aspire to be homeowners. Here are some highlights.

First-time homeowner tax credit
The law will extend a tax credit of up to $7,500 to first-time homebuyers. A first-time homebuyer is defined as someone who hasn't owned a home in three years.

The tax credit is for 10 percent of the purchase price, up to $7,500, but phases out for higher-income homeowners. Homeowners are eligible for the tax credit if they bought after April 8 of this year and before July 1, 2009.

This is a tax credit, not a deduction. It reduces the homeowners' tax bill by up to $7,500 for the tax year in which the purchase was made. If you buy a house this year, you get the tax credit for the 2008 tax year -- the one with a filing deadline of April 15, 2009. If you buy a house next year by the end of June, you get the tax credit for the 2009 tax year. It's a one-time credit; you don't get to keep taking it year after year.

There is a catch, and that is that the money has to be repaid over 15 years, starting two years after you buy the house. That makes the tax credit an interest-free loan. If you take the full $7,500 tax credit, your income tax bill will increase by $500 a year for 15 years. If you sell the house before then, you'll have to pay Uncle Sam the remaining balance.

Complex issues, such as divorce, death, sale of the house at a loss and conversion of the house into a vacation home are accounted for in the law.

Forgiveness to allow refinancing into FHA
A lot of people have fallen behind on their mortgage payments after the rates went up on their adjustable-rate mortgages, or ARMs. And they can't refinance into fixed-rate loans because their homes have lost value, and they owe more than their houses are worth.

The housing rescue law seeks to help these people get out of trouble. It encourages lenders to forgive some of their debt so they can refinance at lower amounts into mortgages insured by the Federal Housing Administration, or FHA.

It works like this: The lender has to forgive all the debt above 90 percent of the home's current appraised value. If that leaves you scratching your head, here is a hypothetical example, using round numbers:

Sometime before Jan. 1 this year, you bought a house for $125,000 and got an ARM for $110,000 after making a $15,000 down payment. But the house lost value. Now it's worth $100,000, based on an appraisal. Meanwhile, the ARM's rate went up and you can't afford the full payment every month.

Under this law, the lender would forgive everything you owe above $90,000. Let's say that you owe $105,000 of that original $110,000 loan. The lender would forgive $15,000, and let you pay off the loan for $90,000. The lender would not be allowed to seek any of that $15,000 later.

That allows you to find another lender who would underwrite a $90,000 mortgage to be insured by the FHA. That loan amount would include the upfront FHA insurance premium of roughly $2,700.

Again, there is a catch. If you take refuge in this program, you'll have to share your home-price appreciation with the FHA. If you sell the house (or refinance the loan) less than a year after refinancing into the FHA loan, the FHA gets all of the house price appreciation. The FHA's cut decreases over the next five years -- but never goes below 50 percent.

What does this mean to the borrower? Take the example above. You refinanced when the house was appraised at $100,000. A little over two years later, you sell the house for $120,000. You split that $20,000 difference with the FHA. In this case, because it's between two and three years later, the FHA gets 80 percent. The FHA would get $16,000 and you would get $4,000.

The equity-sharing arrangement goes like this: If you refinance or sell less than a year after getting the FHA loan, the government gets 100 percent of the home price appreciation. If it's more than a year but less than two years, the FHA gets 90 percent. The FHA's cut then decreases by 10 percent until the five-year mark. Anytime after that, the FHA gets half of the appreciation, no matter how long you have the loan or own the house.

This arrangement will encourage homeowners to keep their FHA-insured mortgages for at least five years, but to refinance before home prices zoom upward again.

Working with home equity debt
The government has been trying all year to encourage lenders to forgive debt so homeowners can refinance their loans for lesser amounts and remain in their houses. Lenders have been reluctant to forgive the debt. The FHA-refinance plan is another way of encouraging debt forgiveness.

Among the sticking points: Many homeowners have home equity lines of credit or home equity loans. In most cases, these lenders will lose that entire loan balance under the FHA-refinance plan. The new law is low on specifics, but it gives the FHA permission to give second lienholders a cut of the home price appreciation proceeds that the FHA collects.

Sure it can be frustrating, exhausting and time-consuming to sell a home in some markets, but don't try to cut corners by failing to make the proper disclosures.

Not only is it illegal for you and your agent not to disclose certain material facts that can affect the value, desirability or salability of a home, most savvy buyers will quickly walk away if he or she suspects deceit.

If you lie by omission and get caught, not only can you face both local and federal charges, you'll still have a home to sell in a less-than-hospitable market. The extra time to sell your home and your day in court could stigmatize the property.

Of course, if you honestly don't know about an issue, or there's little if any chance you could have known, you obviously can't report it.

It's not a bad idea to get a home inspection so you do know. An inspection reveals your attempt at discovery, it will help you determine which items need repair or replacement (not that you are required to make certain repairs), you can use it to price your home and it's a good negotiating tool.

In any event, a good rule of thumb, when it comes to whether or not something should be disclosed: "If you can't figure it out, don't leave it out."

Otherwise, here's are some more specific disclosure tips.

• Each state has a different set of disclosure rules. Your local or state real estate association, as well as your real estate agent, has the proper forms. Both you and the buyer must sign and date the disclosure report to acknowledge delivery and receipt.
  
  
  
• Common items to disclose include, a noisy neighbor, trees uprooting the sidewalk, crime and proximity to busy streets, golf courses, equestrian trails and short term rentals, among a host of others. If you'd want to know, the buyer probably would too.
  
  
  
• Include any problems with construction or home systems. That includes problems with the foundation, roof, windows, doors, electricity, plumbing and the like. For a home improvement completed without a permit (which could itself stop the deal cold), get a permit and make sure the work is to code -- even if that means ripping out the old work and getting it done right.

Rather than reporting "repairs" -- which could imply a defect was permanently corrected -- explain what work you've had done. You called the electrician for faulty wiring at a junction box or you had a plumber fix a leak under the sink, for example

Likewise, you can tell the prospective buyer that you replaced the roof, installed a new water heater, added wind shear protection or installed a sump pump in the basement, etc.

• Disaster prone states often require sellers to disclose information about the home's proximity to fire, flood, earthquake and other hazard zones. It's not a bad idea to know if your regional climate is the victim of climate change, given today's earth-conscious buyer. Do disclose zoning, easement or local ordinance issues and the proximity to other natural hazards like mudslides, landslides, even noise, air and ground pollution, among others.
  
  
  
• Disclose insurance claims. Don't let the buyer discover insurance claims against the property when he or she applies for coverage. Give them a C.L.U.E (for Claims Loss Underwriting Exchange) report. Only home owners can obtain it, but buyers can make the deal contingent upon seeing a copy.

Available to property owners once a year for free from ChoicePoint, the report is a record of claims and claim inquiries on a given property. Insurers use the information to decide to issue a new policy, renew or raise rates.

• A federally mandated lead-based paint disclosure is required for all transactions if the home was built before 1978, but most agents advise making the disclosure for any property. The seller doesn't have to inspect for lead, but must give the buyer materials that discloses the hazards of lead-based paints and related consumer information.
  
  
  
• Among some miscellaneous disclosures that are required or should be considered includes the locations of registered sex offenders, housing market conditions, and, if they happened in the home, certain deaths and certain causes.

If the deceased won't walk into the light and you see dead people, you've got to report that too. Even if you haven't had any bumps in the night, but word's gotten around the house is haunted house, you've got to let the buyer know some ectoplasmic spirit already possesses the home.

IDENTITY FRAUD

We read all about it. It’s in the newspapers, on the news. High profile people becoming victims of identity fraud. It’ll never happen to us. Right?

Think again. Identity fraud occurs at all levels. “Identity fraud” is one of the fastest growing types of white collar crimes in America with over 900,000 victims each year! These crimes are mostly against average working people. Experts estimate the cost nationally exceeds $100 billion annually.

PROTECT YOURSELF FROM IDENTITY THEFT! Identity Theft occurs when someone wrongfully uses your personal identification to obtain credit, loans, services, even rentals and mortgages in your name. They may even commit crimes while impersonating you!

TIPS FOR BEATING IDENTITY THEFT:

1.   Be careful of “Dumpster Diving.” Make sure that you do not throw anything away that someone could use to become you. Anything with your identifiers must be shredded (crosscut) before throwing away.

2.   Be careful at ATMs and using Phone Cards. “Shoulder Surfers” can get your “Pin Number” and get access to your accounts.

3.   Get all of your checks delivered to your bank not to your home address.

4.   Do not put checks in the mail from your home mailbox. Drop them off at a U.S. Mailbox or the U.S. Post Office. Mail theft is common. It’s easy to change the name of the recipient on the check with an acid wash.

5.   Cancel all credit cards that you do not use or have not used in 6 months. Thieves use these very easily—open credit is a prime target.

6.   Put passwords on all your accounts and do not use your mother’s maiden name. Make up a fictitious word.

7.   Get a post office box or a locked mailbox, if you can.

8.   Empty your wallet of all extra credit cards and social security numbers, etc. Do not carry any identifiers you do not need. Don’t carry your birth certificate, social security card, or passport, unless necessary.

9.   Memorize social security numbers and passwords.

Beautiful 1940's era colonial home located in La Mesa's Artist Colony.  7 bedrooms allow you to host overnight guests or just have space to spread out and enjoy the family.  Situated at the end of a private drive you can live in a country like setting but actually walk to restaurants and shopping.  As you enter the home, your eyes will be drawn to the oak floors and the  10 foot high open beam ceilings.  French doors to the outdoor patio add to the charm and brings a lot of sunlight in.  The dining room has french windows looking out to the spacious parklike yard.  Enjoy cooking in this fabulous kitchen which features granite countertops, a 36 inch 5 burner professional gas range, oversized steel range hood vent, and breakfast nook area.  There is also a 32 bottle wine fridge.   Also on the main floor is the master bedroom.  This masterr bedroom is a woman's dream with 3 closets and a small vanity area.  The master bathroom features Travertine floors, dual sinks, a beautiful floor to ceiling tiled shower and a separate soaking bathtub.  The dual vanity sink is gorgeous.   The entire house is filled with architectural details that are reminiscent of the 40's era.  There is a great sunroom off one of the bedrooms and a widow's walk outside another.   The downstairs is currently a media room but is large enough for a pool table or huge family room.  Grill outdoors and enjoy the mature fruit trees and the herb garden that compliment the spanish tile and vast yard.   Whatever your lifestyle might be, this home is the perfect gathering place.  It's a must see!  Call Carolyn Yarbrough 619-807-4090 to schedule an appointment.

As median home prices continue to decline, it seems no community is immune to the slumping real estate market. And yet, during the last quarter a few coastal areas were able to eke out a healthy rate of price appreciation reminiscent of the housing boom.

laceName w:st="on">TakelaceName> laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType>, which experienced a 14.4 percent year-over-year increase in the median price of a resale home during the first quarter of this year. By comparison, resale home prices for the entire county fell 21 percent during the same period, according to statistics released yesterday by DataQuick Information Systems.

In fact, prices declined for all but three of the county’s 59 ZIP codes that recorded at least 20 sales between Jan. 1 and March 31 of this year and last.

Bucking the trend were Encinitas, La Jolla and laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType>, which experienced price gains, while in laceName w:st="on">MissionlaceName> laceType w:st="on">BeachlaceType> and laceName w:st="on">PacificlaceName> laceType w:st="on">BeachlaceType>, the median price remained relatively unchanged from last year to this.

That comes as little surprise to real estate agent Cindy Wing, who sells homes in the 92107 ZIP code, which includes laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType>, Sunset Cliffs and part of Point Loma.

“We’re selling paradise because it’s the beach, and it’s beautiful,” Wing said. “That’s how I feel when I sell. It’s kind of a vacation feel in your everyday life. And it’s affordable compared to areas like Del Mar and La Jolla.”

laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType>’s allure as a funky beach community with a strong sense of neighborhood has helped draw buyers, even in tough economic times, although sales last quarter were still down 37 percent from a year ago. And prices remain high, with the median cost of a home at $829,500, compared with $725,000 a year earlier, according to DataQuick.

Laura Godfrey, an environmental attorney, recently sold her laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType> cottage of two years and traded it in for a significant upgrade to a $957,000 Spanish revival house with an ocean view. While she broke even on the sale of her house, she was able to buy her new house for nearly $350,000 less than the original asking price.

“I feel a little stretched, but I have the income potential, and I plan to stay here for awhile,” said Godfrey, 31. “I joke around that people will be dragging my body out of here in 50 years.

“And I love laceType w:st="on">OceanlaceType> laceType w:st="on">BeachlaceType>. I come from a small town, and this is a small town within a big city and it’s a short commute from downtown,” she said. “I know all my neighbors, and I feel safe as a single female here. Also, I surf, so I can walk down to the beach with my board. I like my life.”

There is little for homeowners to like, though, about the steep plunge in home values in inland areas such as west Escondido, Encanto, Paradise Hills, Fallbrook and Spring Valley, which experienced declines of 30 percent or more last quarter.

Part of the blame may lie with the high number of foreclosures some of these neighborhoods have experienced, which in turn drag prices down for the whole area, say real estate agents.

“I think we’ve all seen that folks are out looking at the bargains, so those are a large percentage of what’s selling – the bank foreclosures and short sale properties,” said Lori Staehling, president of the San Diego Association of Realtors. “They’re generally in poor condition, and the banks want 30-day sales, so prices are lower.

“But it doesn’t necessarily mean every home in the county has gone down by those percentages.”

In Encanto, where the median price of a resale home slid nearly 38 percent last quarter compared with a year earlier, foreclosure sales have been on the rise, said real estate agent Steve Lemack. Making matters worse, many disgruntled owners who have lost their homes have stripped them clean, depressing prices further, he said.

“We had one house where the bank offered the tenants $2,500 relocation assistance, but the day we were supposed to go to give the check, no one was there, and the owners had stripped the kitchen of the counters, the sink and all the appliances, the water heater and the toilets. They even dug up the trees in the backyard,” Lemack said.

“I could’ve sold it for $250,000, but we sold it for $200,000. So when other agents get comps, they use lowball comparisons to push properties down further.”

In west Escondido, typically an area of the city that has higher-priced homes, foreclosures were also a factor, although to a lesser degree. During the first quarter, foreclosure resales accounted for roughly half of the 24 homes sold, according to DataQuick analyst Andrew LePage.

Realtor Joda Mize has a slightly different perspective.

“This area is known as a very nice area, and it has the highest list price of the four Escondido ZIP codes,” she said. “When you have a depreciating market, higher-priced homes won’t sell as quickly because buyers are right now looking for the great deals out there, and they want to capitalize on that.”

Mortgage fraud is among the top concerns of those investing in real estate. If you get caught in a mortgage fraud scheme it can create a financially painful and emotionally distressing situation. While there are many reputable and trustworthy mortgage providers, the lengthy documents filled with legal jargon make conditions ripe for misunderstandings. So before you sign, attorneys Jonathan Kurniadi and Jeff Hogue who specialize in real estate lawsuits have this advice to protect you from mortgage fraud or mishaps due to misunderstandings.

1. Read every page of every document.

It sounds like such a trite statement but really this is where many borrowers make their biggest mistake. "Most borrowers feel pressured to quickly sign loan documents, trusting that the content of the loan documents is correct. Also, trusting that the real estate loan professional has completed the loan paperwork in such a manner that the borrowers have agreed to. But there's no reason to feel pressured for one of the biggest purchases of the borrower's life," says Kurniadi of The JK Lawfirm, APC.

He suggests taking your time to completely review each page, even taking notes on portions of the document that you have questions or concerns. Also, check things that might seem obvious. One borrower signed loan documents only to find that the street address was incorrectly printed on every single page of the loan documents -- getting them changed became a tedious process and required the resigning of all the loan documents.

Kurniadi says borrowers should not feel they have to sign the loan documents. He says always be prepared to walk away if it doesn't feel comfortable. He also says non-profit HUD approved community housing counselor agencies can help review the loan application and documents. "That's probably the quickest, cheapest, and most efficient source to have loan documents reviewed," says Kurniadi.

2. Sign documents only after seeing that the original and the copy contain the same contents. Be sure to get your copy.

"Some borrowers do not realize that they are entitled to a copy of their loan documents. And most borrowers forget that receiving a copy is useless if they don't make sure the contents of the original and the copy are the same before they sign the loan paperwork," explains Kurniadi.

He says borrowers must be certain they are comparing the documents before they sign because what can happen is "The borrowers will trust that the contents of the documents are the same as the originals (that they signed)," says Kurniadi. However, if the copy of documents the borrowers receive is not the same, Kurniadi says the original documents are what obligate the borrowers not the copies.

3. Make sure there is no false or even slightly fibbed information on your loan paperwork.

It's just not worth it to falsify information in order to push your loan through.

"Any real estate or loan professional who advises you to provide any false information on loan paperwork is putting you at risk," cautions Kurniadi. Jeff Hogue from Hogue and Belong adds, "There is no valid reason to provide false information on the loan paperwork, and most borrowers do not realize that signing a loan application is confirming its contents are true and correct under penalty of perjury."

And Hogue says, "If your loan broker tells you that 'everybody does it' or that 'it is legal and customary' to fib on how much you make, ask him to put that in writing for you." You can bet that won't be happen!

4. Check the license background of your broker.

Taking the time to review the background of your real estate agent and broker can prove to be invaluable. Make sure you do this before you ever provide any personal information or sign loan documents. Finding out if there is any pending litigation or complaints will help you decide if they are the best people to do business with.

5. Ask how much your mortgage broker is earning on your loan transaction.s

Hogue says that, "Often times, this is not disclosed. It is important information because sometimes the percentage of the loan broker's compensation will correspond to what interest rate you will pay on your loan."

As the adage goes, better safe than sorry -- read your paperwork, tedious as it may be, ask questions, and give yourself time to understand it all. You'll be glad you did.

If you are a first time home buyer, you have a lot to learn.

Working from a blank slate you must build an understanding of the housing market, determine what you can afford, land a loan and hone in on a home that's a good fit for your lifestyle.

The transaction will likely become your largest asset ever so there's little room for error.

It is a daunting task, but you can ease your concerns if you take the process step-by-step, watching your footing as you move along the path toward the American Dream.

Below is a list of "Dos and Don'ts" to help first timers turn that stress into the self-confidence you'll need to move closer to your first home.

The list focuses on areas first-timers typically stumble over in their initial home buying attempt. Knowing what you could face will help you avoid some of those trip ups.

The Dos:

DO examine your credit standing. You need to know your credit standing. You may need to request corrections if there are errors. You may need to adjust your habits if your credit behavior is less than sterling. And you need to take those steps before seeking a loan. Your credit report is free from AnnualCreditReport.com, the federally regulated place to go. You can stagger retrieval of your credit report from each of the big three credit bureaus, getting one from a different agency every four months. Your report is free, but you may have to pay a nominal fee for your credit score (a numerical scoring of your creditworthiness) depending upon your state law and other factors.

DO explore a mortgage pre-approval or commitment. An early green light on a loan will put you in a good negotiation position when you find your dream home. It will also help you shop within your budget.

DO line up a dream team of professionals. You may need a real estate agent, attorney, mortgage broker, home inspector and others to be your professional eyes during your home search.

DO buy for your lifestyle. Your first home may not be your last, so try to anticipate how long you'll live in your home and buy based on plans for the duration. Raising kids, starting a business, taking on a new job, housing Grandma could all impact the size or type of home you need first.

DO heed housing priorities. Separate your "wants" from your "needs" so you know where you can compromise to stay on budget.

The Don'ts:

DON'T get taken by the first house or neighborhood you see. Keep an open mind and spend sufficient time finding the right fit in a house and neighborhood for your needs.

DON'T buy more than you can afford. Lenders will often loan you as much as your financial condition warrants, but that may not be what you can comfortably afford. It's better to live with a comfortable mortgage on a smaller home than to struggle every month paying a mortgage on a house with more room than you really need. The down payment, closing costs, monthly expenses and taxes must in total all be within your income and savings range.

DON'T treat your home like a stock portfolio. Homes appreciate and depreciate in cycles which often aren't so predictable. Don't expect your home's value to skyrocket. Buy a home because you need a roof over your head, not for a quick profit.

DON'T try to time the market. Pinpointing the bottom of the market almost always happens after the market has started to turn up. How, otherwise, can you see the bottom? Focus on personal lifestyle needs, not market trends, in terms of timing your home buy.

DON'T sign for a confusing mortgage. Shop around for the best loan, read every detail of your loan contract and get some help understanding terms and provisions that confuse you. Avoid exotic, "creative financing," multi-option loans you don't understand. Again, lifestyle is key. Get a loan that fits.

When colder weather waves goodbye and the warm rays of spring begin entering your home, you may use your newfound energy to give your house a much-needed spring cleaning. But getting down and  dirty with the rooms in your home can be overwhelming if you don’t have the right tools for the job.

Since passed by overwhelming Capitol Hill majorities in January, there has been much talk regarding the economic stimulus package. Yes, it will cost $168 billion, but what does it actually do for individuals?

The stimulus package is designed to help the country moderate the worst effects of a slowing economy and perhaps even avoid a recession. The idea is to encourage spending and with more spending to increase economic activity. While the theory looks good on paper, it will likely take months or years to know if it actually works.

From a personal perspective the January stimulus package has five major components that will immediately impact individuals with an interest in real estate.

1. Checks from Uncle Sam: According to the White House, taxpayers can receive rebates of up to $600 for individuals and $1,200 for couples. A minimum of $300 per person and $600 per couple will be available to those with at least $3,000 of earned income. This relief will be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. The rebates will be phased out for taxpayers above those income thresholds.

2. Additional rebates will be mailed out for those with children. Everyone eligible for a rebate would also receive an additional $300 per child. For example, this would mean up to $1,800 of tax relief for an eligible couple with two children.

3. Reduced Income Taxes for Low-Income Wage Earners: The legislation says that 2008 taxes will be eliminated on the first $6,000 of taxable income for individual taxpayers and the first $12,000 of taxable income for couples. The tax rate used to be 10 percent on such income.

4. FHA mortgage loan limits will more than double in some cases. The usual limit in high-cost areas in the lower 48 states will rise from $362,790 to $729,750. Such financing allows buyer to purchase homes with 3 percent down.

5. Conventional loan limits will increase. The maximum size of a "conforming" loan will go from $417,000 to $729,750.

While the benefits for individuals look good, there are some caveats to consider.

First, those rebate checks are a one-time deal. While the government hopes that individuals will use the money for spending, many recipients will use the cash to pay down debts. Paying off bills can be a good use of your cash because it can mean lower monthly costs and better credit scores, thus lowering interest costs when you borrow to finance a home or car.

Second, if you want to buy or refinance with the new class of "conventional jumbo" mortgages, be aware that the FHA and conventional loan limits have only been raised for 2008. It's possible that the old limits will be reinstated in January 2009, so if you want a larger mortgage start planning now.

Third, while the conventional loan limit applies nationwide, the maximum amount you can borrow under the FHA program varies by location. In other words, the biggest loans will not be available everywhere. For specifics regarding your area, please speak with a mortgage counselor.