Rob Burns Realtor

With the uncertainty surrounding stock market investing in today’s post tech-bubble environment, solid and consistent returns on retirement portfolios are harder to come by. On the other hand, real estate has been outperforming the stock market now for some time. So, why not devote a portion of your IRA or 401(k) to investing directly in real estate?

Now you can. In fact, since retirement planning is an inherently long-term activity, real estate can be suited ideally for these types of portfolios. As in most things, there are pros and cons, and you need to be aware of the rules. Since IRAs and 401(k)s are tax-deferred accounts, failure to follow the rules exactly may have unforeseen (and substantial) unfavorable tax consequences.

The first thing to bear in mind is that real estate can produce income and appreciation only. Since the amounts in IRAs and 401(k)s are shielded from taxation, there is no depreciation available to aid in the investment return, as is normally the case.

Under the law (Section 408 of the Internal Revenue Code, in case you want to look it up), a retirement account may invest in any kind of real estate, from undeveloped land, to single-family homes and condos. The income and appreciation accumulates mostly tax-free, until you begin taking distributions from the account. There is some income tax owed, however, on income produced to the extent that the property is financed.

For example, if you wish to purchase a $200,000 home using a mortgage to finance 40 percent of the amount, then, 40 percent of the income is subject to ordinary income tax. The remaining 60 percent of the income is tax-deferred in the normal manner.

This problem can be overcome by partnering with others to buy the property. This is especially attractive since financing can sometimes be difficult, as the debt must be a non-recourse promissory note.

As mentioned above, there are plenty of rules governing how these accounts work. First off, you need to transfer your account to an independent custodian that offers real estate as an investment option. You cannot invest in real estate from an IRA that you control — the account must be maintained with an independent manager and cannot be self-directed.

Other limitations are that you cannot transfer any existing property into a retirement account, nor can you purchase a vacation home and rent it to yourself or to your “lineal” family members (that means parents, spouses and children — siblings are allowed).

Also, your business cannot lease space in a property held in your IRA. The idea is that this is an investment purchase and not one from which you will derive any immediate personal benefit.

However, you can purchase investment property and rent it out to third parties. Rents are received directly into the retirement account and expenses are paid out of the account.

Note that if your account does not have enough cash to meet its operating expenses, you will need to withdraw the property from the IRA, thus exposing you to early withdrawal penalties as well as income taxes.

So, while real estate in retirement accounts can be an attractive investment vehicle offering long-term income and appreciation potential and adding to the diversification of retirement portfolios, it also comes with unique risks and requirements. As always, consult with a qualified financial adviser before investing and make sure all angles are covered.

• Your Options In The Face Of Foreclosure

  Posted Under: Home Selling in Jacksonville, Property Q&A in Jacksonville  |  May 25, 2012 7:39 PM  |  104 views  |  3 comments
  

  You have the following options when facing foreclosure:

  1. Do Nothing

  2. Pay off or Short Refinance

  3. Reinstatement or Repayment Plan

  4. Loan Modification

  5. Forbearance

  6. Partial Claim

  7. Deed in Lieu of Foreclosure

  8. Bankruptcy Chapter 7,13 or 11

  9. Sell (Short Sale )

  10. Foreclosure

  Educating Homeowners

  As agents, our compassion is in educating homeowners. If our clients feel uncomfortable and judged, you will be less likely to hear and understand the options we present. As real estate agents, We have the opportunity to remedy your situation. We can give you a light at the end of the tunnel.

  What we have found is just the fact that someone cares enough to help is a blessing. We have genuine compassion for homeowners and their families. We Do not give guarantees and do not give legal advice, but we are honest and forthcoming in our delivery of compassion and let you know that we are here for you.

  "What you will find is that as we explain the options clearly, homeowners will be able to review their financial picture and determine which option will best suit their needs and future goals. One very important thing to remember is that time is of the essence. It is important to be able to process all the information clearly and take quick action in order to allow enough time to complete the chosen option."

  Implications of the Options
  

  1. Do Nothing – If homeowners do nothing, they most likely will lose their homes at foreclosure auction. Credit reports, tax ramifications and deficiency judgments may apply. (State Specific) Or they may choose to continue making the current payments.
  
  2.Payoff/Refinance/Short Refinance– Completely paying off the entire loan amount plus fees. Usually this is accomplished through a refinance of the debt. With properties worth less than what is owed, homeowners must negotiate with the bank to take less than what is owed. The following are only guidelines and may change as the industry becomes more accepting of short refinancing. There are several steps and qualifications that have to fall in place in order to begin the process a short refinance. Keep in mind that these are constantly changing and currently are a lot harder to get done than just a normal short sale. Your current mortgage holder has to be participating in the short refinance program. Each lender has a set of rules.

  3.Reinstatement – Paying the entire default amount plus interest, attorney fees, late 
  fees, taxes&missed payments. 
  
  4.Loan Modification – Utilizing the existing mortgage company to extend the terms of the loan by negotiating changes in interest and/or principle. This may allow homeowners to
   catch up at a more affordable level. To qualify, they must prove to the lender they have fixed the problem that caused the late payment. 
  
  5.Forbearance – Lender may be able to arrange a repayment plan based on the homeowners' financial situation. The lender may even be able to provide a temporary payment reduction or suspension of payments. The lender will require proof that the homeowner is able to meet the new payment plan requirements. 
  
  6.Partial Claim – A loan from the lender for a 2nd loan to include back payments, costs
  and fees.

  
  
  
  
  


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