Pikes Peak Homes and Land
Chris J Clark, REALTOR®
Broker/Owner
Phone (719) 464-5839
Chris@PPHAL.com

Blog

The Danger of Do-It-Yourself Divorce

Ken & Barbie have been married 20 years and have owned their current home for over 10 years. Without the benefit of legal or tax advice, they decide to divorce with Ken taking his retirement and Barbie taking the equity in the home which are equal in value.

It appears to be equitable until a year later when Barbie decides to sell the home.  It sells for the same market value at the time of the divorce but now Barbie pays all the sales costs.  The unpaid balance on the home was much larger than normal because it had been refinanced for $750,000 two years earlier.

When Ken gave Barbie his equity in the house, he also gave her his tax liability in the home.  Barbie has a substantial capital gain because the home was purchased for a much lower price ten years earlier.  Capital gain is calculated by taking the sales price less sales costs, plus capital improvements made, less the purchase price.

Since she is single, she has a $250,000 exclusion and the balance of the gain of $456,750 will be taxable as long-term capital gains.  Let’s assume her rate is 15%, Barbie would owe $68,513 in capital gains taxes.

When calculating Barbie’s net proceeds from this sale and accounting for the sales costs, mortgage balance, and federal taxes due, she only realizes $88,487 in this example while Ken walked away from the divorce with the full value of his retirement account of $225,000.

It doesn’t appear to have been an equitable settlement.  Contributing to this inequity was an apparent misunderstanding of how taxes are calculated and that the expenses incurred with the sale of the home as a single person would be borne solely by herself.

No gain or loss is recognizable on the transfer of the residence if related to the end of a marriage.  It is treated as a gift with no gift tax due if the transfer is within two years prior to the divorce or one year following.  There is no change in basis; it is carried over to the gifted party.

A marriage is a legal arrangement and divorcing deserves the benefit of expert advice.  An attorney who is familiar with potential tax consequences could have advised his/her client about the potential tax consequences and possibly suggested a more equitable division of assets.

This example is used to show you how it can appear to be an easy solution to dividing the assets.  In an emotional state, one person could agree to something that could be costly later. 

Division of Assets 
Home’s Market Value at time of Divorce$975,000
Unpaid Balance at time of Divorce$750,000
Equity in Home at time of Divorce$225,000
Ken’s Retirement Value at time of Divorce$225,000
Computation of Tax 
Subsequent Sales Price by Barbie$975,000
Less Sales Costs$68,000
Less Basis (the home was refinance several times with cash out)$200,00
Capital Gain$706,750
Less Section 121 Exclusion for single person$250,000
Remaining Taxable Gain$456,750
Tax Due at 15%$68,513
Computation of Proceeds 
Sales Price$975,000
Less Sales Costs$68,000
Less Mortgage Balance$750,000
Less Federal Income Tax Due$68,513
Net Proceeds$88,487

Exploring Down Payment Sources for First-Time Homebuyers

Aspiring homeowners can overcome the challenge of saving for a down payment by taking advantage of various sources of assistance.  Discover a variety of down payment sources available to first-time homebuyers, from family gifts and retirement account withdrawals to tax refunds and down payment assistance programs, empowering them to achieve their dream of homeownership.

Implementing effective savings strategies is paramount for first-time homebuyers. Setting a budget, reducing unnecessary expenses, and establishing an automated savings plan can accelerate down payment savings. In addition, consistently monitoring spending habits and making adjustments can help maximize savings potential. Saving for a down payment takes time and there may be some other alternatives available to you.

One possible source of down payment funds is a generous gift from family members. Through the annual gift tax exclusion, individuals can receive up to $17,000 per year from each family member without incurring gift tax obligations. This can significantly contribute to a first-time homebuyer’s down payment, making homeownership more attainable.

For instance, a husband and wife can each gift $17,000 to their child and the child’s spouse to make a total of $68,000.  This is a substantial amount that may allow the borrower to avoid PMI. If the child is going to be the heir ultimately, should the parents not currently need the money, it allows them to see the enjoyment of the gift now.

First-time homebuyers who have been diligently saving in their retirement accounts may have the option to tap into their 401(k) or IRA funds for their down payment. Certain retirement plans allow penalty-free withdrawals for qualified home purchases. However, it’s crucial to consider the long-term impact on retirement savings and potential tax implications. Consulting with a financial or tax advisor is recommended to understand the specifics and make an informed decision.

Buyers with permanent life insurance policies may have accumulated cash value over time. This cash value can be accessed and used towards a down payment. However, it’s important to evaluate the impact on the policy’s death benefit and to consider the long-term implications before making any decisions. Consulting with an insurance professional is advisable to fully understand the terms and consequences associated with tapping into life insurance cash value.

Tax refunds can provide a boost to first-time homebuyers’ down payment savings. By planning ahead and adjusting tax withholdings, individuals can aim to receive a substantial refund at tax time, which can then be allocated toward the down payment.

Many governments, employers, and non-profit organizations offer down payment assistance programs to support first-time homebuyers. These programs can provide grants, loans, or matching funds to help bridge the gap between savings and the required down payment amount. Eligibility criteria and program specifics vary, so researching and exploring available options in your area is essential. Working with a knowledgeable real estate agent or loan officer can help identify suitable programs and navigate the application process effectively.

Silent second programs are offered by certain local governments or housing authorities. These programs provide a second loan, often at a low or zero-interest rate, to supplement the homebuyer’s down payment. The loan is “silent” because no monthly payments are typically required. However, repayment may be required when the home is sold or refinanced. Understanding the terms and conditions of such programs is crucial to ensure compliance and avoid unexpected financial obligations.

In recent years, crowdfunding has gained popularity to raise funds for various purposes, including down payments. Dedicated platforms allow individuals to create campaigns and seek contributions from family, friends, and even strangers who support their homeownership journey. While crowdfunding can be a viable option, it’s vital to carefully read platform policies, consider potential tax implications, and approach the process with transparency and integrity. 

First-time homebuyers have multiple options when it comes to down payment sources. From receiving family gifts and utilizing retirement savings to exploring down payment assistance programs and implementing effective savings strategies, aspiring homeowners can find ways to turn their dreams of homeownership into a reality.

By understanding the available resources and seeking professional guidance, first-time buyers can navigate the path to homeownership with greater confidence and financial stability.  Your real estate professional can be very helpful in guiding you through which programs may be available.  They can guide you to a lender who specializes in down payment assistance and other special programs.

For more information, download the Buyers Guide.

Your Referrals Mean the World to Us

Referrals are the lifeblood of any business, and real estate is no exception. When someone you trust refers you to a service provider, you’re more likely to do business with them because you know that they’ve been vetted by someone you know and trust.

That’s why we’re so grateful for the referrals we’ve received from our past clients. It’s a wonderful feeling to know that our work has been so appreciated. If you know anyone who’s thinking of buying or selling a home, please don’t hesitate to refer them to us. We’d be honored to help them.

We’re a team of experienced real estate agents who are passionate about helping people find their dream homes. We have a proven track record of success, and we’re dedicated to providing our clients with the best possible service. If you know anyone who’s thinking of buying or selling a home, please refer them to us.

We’re known for our excellent customer service and willingness to go the extra mile to help our clients achieve their goals.

Thank you for your referrals! They mean the world to us.

Awareness is Key to Safeguarding Against Scams

When it comes to safeguarding against scams, awareness is key. By being vigilant and recognizing consistent red flags, you can effectively thwart scammers in their tracks. Stay one step ahead and keep an eye out for these warning signs to protect yourself from falling victim to fraudulent schemes.

Unexpected contact – You receive unanticipated contact by phone, text, or email from an individual or organization regarding an invoice, order, delivery, or charge that you don’t know about.

Sense of Urgency – Scammers employ tactics to manipulate and create a fabricated sense of urgency, resorting to rude or aggressive language to pressure you into taking immediate action.

Unusual Payment Requests – Be cautious if someone asks you to make payments or send money through unconventional methods such as gift cards, cryptocurrency, payment apps, or online wire transfers to deceive you into paying for something, resolving a fabricated issue, claiming fake sweepstakes winnings, or promising unrealistically high returns on investments. .

Coercive Communication – threatening language, claiming that you owe money and using scare tactics like threatening to involve the police if immediate payment is not made.

Love Scam Trap – Watch out for a potential online love interest who showers you with romantic words but avoids meeting face-to-face. Be cautious of these “romantic emergencies” and avoid sending money to someone you haven’t met in person.

Homebuyers Specific … Particularly during the closing process, scammers employ deceptive tactics by sending fraudulent emails to homebuyers, impersonating trusted individuals such as the real estate agent, settlement agent, or legal representative. These spoofed emails contain fictitious instructions for wiring closing funds, putting unsuspecting homebuyers at risk of financial loss.

Always verify with your agent and another trusted individual like a settlement or mortgage officer that the request for funds is legitimate before transferring money.

If you feel that you have become a victim of such a scam, contact your bank or wire-transfer company immediately to ask for a wire recall.  Responding as soon as possible may increase the likelihood you’ll be able to stop the transfer and/or recover your funds.

For more information, see Mortgage Closing Scams on the Consumer Financial Protection Bureau website.

If you want to report a suspected crime, contact the Internet Crime Complaint Center or IC3.  The nation’s central hub for reporting cyber crime is run by the FBI, the leading federal agency for investigating cybercrime.  Go to their website for more information and to file a complaint.

How to Buy Your First Home as an Investment and Retire Rich

As young people enter the full-time workforce and begin to think about living on their own, it may not seem practical or wise to consider buying a home.  However, it may be a pivotal decision for your financial security and future retirement.

Rents are going to increase based on the shortage of rental units needed for the demand of the market.  Buying a home is a way to control those costs and even provide income by converting it to a rental as you decide to move up into another home.

There is an advantage to buying a home before a person gets married, starts a family, and has their standard of living at a higher pace.  Their expenses are lower, and it is easier to not only qualify for a loan but possibly, take advantage of programs for down payment assistance, grants, or other options like gift funds or co-signers.

Purchasing a home is a significant financial decision, particularly for first-time homebuyers. However, there are several benefits to buying a home early in your career, even if it is not your dream home.

One of the most significant benefits of buying a home as an investment is that it can help you build equity. Equity is the difference between the value of your home and the amount you owe on your mortgage. As your home’s value increases, so does your equity. This can be a valuable asset in the future, as you can use it to finance other investments or retirement expenses.

Another benefit of buying a home as an investment is that it can generate passive income. If you rent out a room or two in your home, you can use the rent to help cover your mortgage payments and other expenses. This can free up your disposable income to invest in other areas, such as your retirement savings.

Of course, there are some risks associated with buying a home as an investment. The value of your home may not always increase, and you may have to deal with unexpected expenses, such as repairs or maintenance. However, the potential benefits of homeownership can outweigh the risks, particularly if you are strategic about your investment.

When choosing a home to purchase as an investment, it is important to consider the location. A home in a desirable area that is likely to appreciate in value over time is a wise investment. It is also important to consider the size of the home. A home with three or four bedrooms will be easier to rent than a property with less.

The strategy can be as simple as:

  1. Buy a house when you enter the workforce and take on paying roommates.  Declare the income on your income tax.
  2. It doesn’t have to be the perfect home, but it does need to be a good home in a good area.
  3. Never sell the home; instead, convert it to a rental when you move up in the near future as your income goes up.

If you have young adult children who would benefit from this advice, please share it with them along with our Buyer’s Guide.  If they would like to learn more specifics, we would love the opportunity to meet with them.

Negotiate with the Seller Like a PRO

Having a negotiation plan is paramount when it comes to navigating the complex world of real estate as a home buyer. It’s no secret that buying a home involves a significant financial investment and numerous variables that can impact the outcome of the transaction. By formulating a well-thought-out negotiation plan, home buyers can approach the process with confidence, a strategy, and a clear understanding of their goals and boundaries.

A negotiation plan allows buyers to effectively communicate their needs, explore potential compromises, and ultimately secure a favorable deal. In this competitive market, where multiple offers and bidding wars are common, having a solid negotiation plan can be the key to achieving a successful outcome and obtaining the home of your dreams at the best possible terms.

Research the Market – Before making an offer, thoroughly research the local real estate market. Understand recent sales data, current inventory levels, and the average time homes spend on the market. This knowledge will empower you during negotiations.

Determine Your Budget – Set a realistic budget based on your financial situation and pre-approval from a lender. Knowing your limits will help you make strong and confident offers.

Understand Seller Motivation – Try to gain insight into the seller’s motivation for selling. Are they looking for a quick sale, or are they more concerned about maximizing profit? Understanding their motivation can give you an advantage when negotiating.

Work with an Experienced Real Estate Agent – Partner with an experienced real estate agent who has strong negotiation skills. They can guide you through the negotiation process, provide valuable advice, and help you structure a compelling offer.

Focus on More Than Just Price – While price is important, it’s not the only factor to consider. Consider other terms, such as the closing timeline, contingencies, and included appliances or furniture. By being flexible on certain terms, you may have a better chance of securing a favorable deal.

Request a Home Inspection – Include a contingency in your offer for a professional home inspection. This allows you to identify any potential issues or repairs needed and can give you leverage for negotiating a lower price or requesting repairs.

Be Prepared to Compromise – Negotiations involve give and take. Be open to compromising on certain terms to reach a mutually beneficial agreement. Flexibility can improve your chances of finding common ground with the seller.

Stay Emotionally Detached – While buying a home can be an emotional process, it’s important to stay level-headed during negotiations. Avoid getting too attached to a specific property and be willing to walk away if the terms don’t align with your goals. This mindset can empower you to negotiate from a position of strength.

Remember, effective negotiation is a skill that improves with experience. By employing these tips and working closely with your real estate agent, you can increase your chances of securing a favorable offer as a home buyer.

Evaluate Your Mortgage Loan Types

Making an informed decision about securing a mortgage loan is vital, as it involves understanding the available options and considering relevant factors. With a range of mortgage types designed to cater to diverse needs, it is essential to carefully evaluate your circumstances and goals to select the most suitable option. By taking the time to gain a broad understanding of the mortgage landscape, you can make a confident and well-informed choice that aligns perfectly with your unique situation.

Primary Types of Mortgages

Fixed-Rate Mortgage (FRM) – With a fixed-rate mortgage, the interest rate remains constant throughout the loan’s duration. This ensures that your monthly principal and interest payments remain unchanged, providing stability. While taxes and homeowner insurance costs may fluctuate, your mortgage payment remains steady. This mortgage type is ideal for long-term homeownership, typically spanning a decade or more.

Adjustable-Rate Mortgage (ARM) – An ARM offers an initial fixed interest rate for a specific period, after which the rate adjusts periodically. These mortgages often commence with lower interest rates, resulting in lower initial monthly payments. The adjustment periods can vary, with some ARMs remaining fixed for several years before adjustments occur. ARMs are suitable when long-term fixed rates are high or if you plan to sell the property within a shorter timeframe.

Other Mortgage Loan Types

Balloon Mortgage – This mortgage involves monthly payments based on a 30-year term, with the remaining balance due in a lump sum after a specific period. It may include options to reset the interest rate and extend the due date based on specific conditions.

Conventional Conforming Loans – These loans adhere to standards set by Government Sponsored Enterprises (GSEs) like Freddie Mac or Fannie Mae, allowing lenders to sell them. Conventional loans can be fixed- or adjustable-rate and finance various property types.

Conventional Non-Conforming Loans – Unlike conforming loans, these conventional loans do not conform to GSE standards, making them less standardized. Their terms and pricing may vary based on property price or creditworthiness.

Government-Guaranteed Loans – Designed to increase homeownership accessibility, government agencies offer mortgage loan guarantees for specific populations.

FHA Loans – These loans offer low down payment options, as low as 3.5%, to eligible homebuyers. They are insured by the federal government and allow lower credit scores, though they tend to be slightly more expensive than conventional loans.

USDA Loans – Aimed at low- and moderate-income buyers, the USDA offers programs for purchasing or building homes in rural areas. These programs include options for down payment assistance.

VA Loans – Exclusively for eligible military personnel, veterans, and their spouses, VA loans provide favorable terms, often without down payment requirements or private mortgage insurance.

HUD 184 and HUD 184A Loans: – The HUD 184 loan program supports American Indian and Alaska Native families, while the HUD 184A loan program assists Native Hawaiians on Hawaiian homelands. These loans offer low down payment options, flexible underwriting, and unique benefits for eligible borrowers.

Interest-Only Loans – With interest-only mortgages, homeowners initially make payments on interest only, typically for a fixed period. After this period, payments include both principal and interest. This type can be suitable if you plan to sell or refinance before the interest-only period ends.

Manufactured Home Loans – Designed for affordable housing, manufactured home loans require lower down payments and are specifically tailored to finance manufactured homes built to national safety standards.

Hard Money Loans … Hard money loans are a type of short-term financing option secured by the property itself, rather than the borrower’s creditworthiness. Hard money lenders are private individuals or companies that provide these loans based on the value of the property and its potential for profitability.

Owner Carried Loans – Owner carried loans, also known as seller financing, are a type of financing arrangement in which the seller of a property acts as the lender.  Owner carried loans can benefit both parties, providing the buyer with an opportunity to acquire the property and the seller with a steady income stream from the loan payments.

Choosing the right mortgage loan involves evaluating your financial circumstances, long-term plans, and personal preferences. By understanding the diverse range of mortgage options available, you can make an informed decision that aligns with your homeownership goals. Consult with a reputable mortgage professional to explore these options further and determine the best mortgage type for your specific needs.  We would be pleased to recommend a trusted mortgage professional to you.

Proven techniques to shorten your market time

Are you in a hurry to sell your house? Whether it’s due to relocation or a desire to streamline the selling process, selling your home quickly doesn’t have to be a daunting task. With extensive experience in assisting homeowners, our expert team has identified three key strategies that can help secure a fast and favorable sale. Let’s explore these techniques in detail.

Maximizing the appeal of your home is key to generating interest from potential buyers. Take the time to clean, declutter, and depersonalize your space before listing it. By storing away family photos and neatly packing your belongings into boxes, you create a blank canvas that allows buyers to envision themselves in the space. Consider hiring a professional cleaner to ensure your home is in impeccable condition. A pristine presentation will entice buyers to submit attractive offers promptly.

Don’t let minor repair issues become obstacles during negotiations. Prior to listing your house, proactively take care of any small repairs that may arise. Fix faulty light sockets, replace worn-out door handles, and address other minor issues that could potentially delay the sales process. By resolving these matters upfront, you can facilitate a smoother inspection and negotiation phase.

To expedite the sale while maintaining a favorable asking price, consider providing incentives to potential buyers. This strategy can greatly enhance buyer motivation. Explore options such as covering closing costs, offering an interest rate buydown, a repair allowance, or including essential appliances as part of the sale. By offering enticing incentives, you’ll likely attract buyers who are willing to expedite the closing process, even if it means paying a higher price.

For homeowners looking to sell their property quickly, employing these three effective strategies can significantly expedite the sale without compromising the final sales price. By preparing the home meticulously, addressing minor repairs proactively, and offering appealing incentives to potential buyers, sellers can create an enticing package that encourages prompt and attractive offers. Collaborating with an experienced real estate agent further enhances the chances of a smooth and successful transaction. Embrace these strategies today to pave the way for a swift and favorable home sale.

For more information, download our Seller’s Guide. If you have any questions regarding these techniques or any other aspect of the selling process, reach out to me and we’ll talk.

Tips to Achieve Your Full Equity Potential

The real estate market is constantly evolving, presenting homeowners with challenges in determining the accurate value of their properties. In today’s era of rapid fluctuations, it is essential to equip yourself with the right knowledge and tools to make informed pricing decisions. There are three crucial factors to consider when assessing your home’s worth.

Online estimators offer a convenient starting point for obtaining a rough estimate of your home’s value. While they may not provide pinpoint accuracy, these tools, readily available on reputable real estate agents’ websites and portals, can provide a general idea of where your property stands in the market.

Traditionally, real estate professionals would consider comparative home sales data from the past six months. However, the current market volatility demands a shift towards using more recent comps. Notably, 2022 and 2023 witnessed a significant doubling of mortgage interest rates within a six-month span, causing home prices to respond accordingly. To ensure accurate pricing, it is crucial to work with a seasoned real estate agent who can identify and leverage the most recent comparable sales.

While research and analysis are valuable, nothing compares to the expertise of a professional real estate team. Their experience and training enable them to price your home accurately from the outset. A skilled agent can identify the key amenities and upgrades that will yield the highest return on investment, as well as develop a tailored marketing plan to outshine competitors.

Evaluating the obvious and the subtle differences between your home and the comparable sales can make the difference in achieving your full potential equity in the least market time with the fewest deterrents or not.

In the ever-changing real estate market, determining your home’s value requires a multifaceted approach. By utilizing reliable online tools, considering recent comps, and collaborating with an experienced real estate team, you can confidently navigate the dynamic market and price your home appropriately. If you have any questions or need assistance with real estate matters, please feel free to reach out to me. I am here to serve as your dedicated resource for all your real estate needs.

How Appreciation and Amortization Benefit Homeowners

Owning a home is not only a place to live but also a valuable asset that can contribute to long-term wealth accumulation. Two key factors that play a vital role in increasing a homeowner’s wealth are appreciation and amortization. Understanding how these factors work can provide homeowners with insights into building substantial financial equity over time.

Appreciation refers to the increase in the value of a property over time. Real estate markets tend to experience appreciation in the long run, although it can fluctuate in the short term. This appreciation can significantly benefit homeowners’ wealth accumulation in several ways.

As a property appreciates, the homeowner’s equity, which is the difference between the property value and the mortgage balance, increases. This equity serves as an asset that can be leveraged for future financial endeavors.

Capital Gains: When homeowners decide to sell their property, the appreciation becomes recognizable. The difference between the purchase price and the selling price results in a capital gain, which can be taxed at favorable rates. Homeowners benefit from an exclusion of up to $500,000 of capital gain for married taxpayers filing jointly.  If the gains exceed the exclusion, they are taxed at a lower capital gains rate.

Amortization refers to the gradual repayment of a mortgage loan over time. It is facilitated through monthly mortgage payments, which consist of both principal and interest. With each mortgage payment, a portion goes towards reducing the principal balance of the loan. This reduction in debt increases the homeowner’s equity in the property, effectively building wealth over time.

Amortization acts as a form of forced savings. Homeowners are essentially paying themselves by building equity with each payment, rather than paying rent to a landlord. As the mortgage balance decreases, homeowners gain ownership of a more significant portion of the property, leading to increased wealth.

As equity grows, homeowners can access it through home equity loans or lines of credit, allowing them to invest in other ventures or make home improvements that can further enhance the value of their property.

Understanding the dynamics of appreciation and amortization is crucial for homeowners looking to accumulate wealth through their real estate investments whether it be a home or a rental. Appreciation allows for capital gains and the growth of equity, while amortization steadily reduces debt and builds equity over time. By leveraging these two factors effectively, homeowners can secure their financial future and take advantage of the long-term wealth-building potential of homeownership.