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home equity loan or
FRB: Putting Your Home on the Loan Line Is Risky Business ESPAÑOL Are you in need of cash? Do you want to consolidate your debts? Are you receiving home equity loan or refinancing offers that seem too good to be true? Does your home need repairs that contractors tell you can be easily financed? If you are a homeowner who needs money to pay bills or for home repairs, you may think a home equity loan is the answer. But not all loans and lenders are the same--you should shop around. The cost of doing business with high-cost lenders can be excessive and, sometimes, downright abusive. For example, certain lenders--often called "predatory lenders"--target homeowners who have low incomes or credit problems or who are elderly by deceiving them about loan terms or giving them loans they cannot afford to repay. Borrowing from an unscrupulous lender, especially one who offers you a high-cost loan using your home as security, is risky business. You could lose your home and your money. Before you sign on the line, Think about your options Do your homework Think twice before you sign Know that you have rights under the law Think about Your Options If youre having money problems, consider these options before you put your home on the loan line. Talk with your creditors or with representatives of non-profit or other reputable credit or budget counseling organizations to work out a plan that reduces your bill payments to a more manageable level. Contact your local social service agency, community or religious groups, and local or state housing agencies. They may have programs that help consumers, including the elderly and those with disabilities, with energy bills, home repairs, or other emergency needs. Contact a local housing counseling agency to discuss your needs. Call the U.S. Department of Housing and Urban Development toll-free at 800-569-4287 or visit www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm to find a center near you. Talk with someone other than the lender or broker offering the loan who is knowledgeable and you trust before making any decisions. Remember, if you decide to get a home equity loan and cant make the payments, the lender could foreclose and you would lose your home. If you decide a loan is right for you, talk with several lenders, including at least one bank, savings and loan, or credit union in your community. Their loans may cost less than loans from finance companies. And dont assume that if youre on a fixed income or have credit problems, you wont qualify for a loan from a bank, savings and loan, or credit union--they may have the loan you want! Do Your Homework Contact several lenders--and be very careful about dealing with a lender who just appears at your door, calls you, or sends you mail. Ask friends and family for recommendations of lenders. Talk with banks, savings and loans, credit unions, and other lenders. If you choose to use a mortgage broker, remember they arrange loans but most do not lend directly. Compare their offers with those of other direct lenders. Be wary of home repair contractors that offer to arrange financing. You should still talk with other lenders to make sure you get the best deal. You may want to have the loan proceeds sent directly to you, not the contractor. Comparison shop. Comparing loan plans can help you get a better deal. Whether you begin your shopping by reading ads in your local newspapers, searching on the Internet, or looking in the phone book, ask lenders to explain the best loan plans they have for you. Beware of loan terms and conditions that may mean higher costs for you. Get answers to these questions and use the worksheet to compare loan plans: Interest Rate and Payments What are the monthly payments? Ask yourself if you can afford them. What is the annual percentage rate (APR) on the loan? The APR is the cost of credit, expressed as a yearly rate. You can use the APR to compare one loan with another. Will the interest rate change during the life of the loan? If so, when, how often, and by how much? Term of Loan How many years will you have to repay the loan? Is this a loan or a line of credit? A loan is for a fixed amount of money for a specific period of time; a line of credit is an amount of money you can draw as you need it. Is there a balloon payment--a large single payment at the end of the loan term after a series of low monthly payments? When the balloon payment is due, you must pay the entire amount. Points and Fees What will you have to pay in points and fees? One point equals 1 percent of the loan amount (1 point on a $10,000 loan is $100). Generally, the higher the points, the lower the interest rate. If points and fees are more than 5 percent of the loan amount, ask why. Traditional financial institutions normally charge between 1 and 3 percent of the loan amount in points and fees. Are any of the application fees refundable if you dont get the loan? How and how much will the the lender or broker be paid? Lenders and brokers may charge points or fees that you must pay at closing or add on to the cost of your loan, or both. Penalties What is the penalty for late or missed payments? What is the penalty if you pay off or refinance the loan early (that is, is there a pre-payment penalty)? Credit Insurance Does the loan package include optional credit insurance, such as credit life, disability, or unemployment insurance? Depending on the type of policy, credit insurance can cover some or all of your payments if you can't make them. Understand that you dont have to buy optional credit insurance--thats why its called optional. Dont buy insurance you dont need. Credit insurance may be a bad deal for you, especially if the premiums are collected up-front at the closing and financed as part of the loan. If you want optional credit insurance, ask if you can pay for it on a monthly basis after the loan is approved and closed. With monthly insurance premiums, you don't pay interest and you can decide to cancel if the premiums are too high or if you believe you no longer want the insurance. After you have answers to these questions, start negotiating with more than one lender. Dont be afraid to make lenders and brokers compete for your business by letting them know you are shopping for the best deal. Ask each lender to lower the points, fees, or interest rate. And ask each to meet--or beat--the terms of the other lenders. Once Youve Selected a Lender, Get the Following A Good Faith Estimate of all loan charges. The estimate must be sent within 3 days of applying. Blank copies of the forms youll sign at closing, when the loan is final. Study them. If you dont understand something, ask for an explanation. Advance copies of the forms youll sign at closing with the terms filled in. A week or two before closing, contact the lender to find out if there have been any changes in the Good Faith Estimate. By law, you can inspect the final settlement statement (also called the HUD-1 or HUD-1A form) one day prior to closing. Study these forms. Write down any questions you want to ask. Think Twice before You Sign Have a knowledgeable friend, relative, attorney, or housing counselor review the Good Faith Estimate and other loan papers before you sign the loan contract. Be sure the terms are the same ones you agreed to. For example, a lender should not promise one APR and then--without good reason--increase it at closing. Refer to the list of questions youve written down. Ask where these terms are covered in the loan contract. And ask for an explanation of any dollar amount or term you dont understand. Dont let anyone rush you into signing the loan contract. Make sure all promises, oral and otherwise, are put in writing. Its only whats in writing that counts. Get a copy of the documents you signed before you leave the closing. Dont Sign on the Dotted Line if the Lender
Tells you to falsify information on the loan application (for example, suggests that you write down more income than you really have). Pressures you into applying for a loan for more money than you need, or one that has monthly payments larger than you can afford. Promises one set of terms but gives you another with no good reason for the change. Tells you to sign blank forms or forms that aren't completely filled in. If an item is supposed to be blank, draw a line through the space and initial it. Pressures you to sign today. A good deal today should be available tomorrow. Know that You Have Rights under the Law You Have 3 Business Days to Cancel the Loan If you're using your home as security for a home equity loan (or for a second mortgage loan or a line of credit), federal law gives you 3 business days after signing the loan papers to cancel the deal--for any reason--without penalty. You must cancel in writing. The lender must return any money you have paid to date. Do You Think You've Made a Mistake? Has the 3-day period during which you may cancel passed and you're worried that you've gotten in over your head? Do you think your loan fees were too high? Do you believe you were steered into monthly payments you can't afford? Has your lender repeatedly pressured you to refinance? Is your loan covered by insurance you don't need or want? If you think you've been taken advantage of, state and federal laws may protect you. Also, the following organizations may be able to help: Your local or state bar association--sometimes listed under "Lawyers Referral Service" in the Yellow Pages of your phone book. The association may be able to refer you to low-cost or no-cost lawyers who can help. Your local consumer protection agency, state attorney generals office, or state office on aging, listed in the Blue Pages of your phone book. Your local fair housing group or affordable housing agency, housing counseling agency, or state housing agency. You can learn more about credit and home equity loans by visiting the federal governments web site for consumers, www.consumer.gov (see the Home and Community section). If you dont have access to the Internet, ask a friend or relative to get the information for you. Or visit your local library or senior center, which may offer you free access to the Internet on their computers. For More Information State Banks that Are Members of the Federal Reserve System Division of Consumer and Community Affairs Mail Stop 801 Federal Reserve Board Washington, DC 20551 (202) 452-3693 www.federalreserve.gov Federally Insured State Non-Member Banks and Savings Banks Federal Deposit Insurance Corporation Consumer Response Center 2345 Grand Boulevard, Suite 100 Kansas City, Missouri 64108 (877) 275-3342 www.fdic.gov National Banks and National Bank-Owned Mortgage Companies Office of the Comptroller of the Currency Customer Assistance Group 1301 McKinney Street Suite 3450 Houston, TX 77010 (800) 613-6743 www.occ.treas.gov Federally Insured Savings and Loan Institutions and Federally Chartered Savings Banks Office of Thrift Supervision Consumer Programs 1700 G Street, N.W., 6th Floor Washington, DC 20552 (800) 842-6929 www.ots.treas.gov Federal Credit Unions National Credit Union Administration Office of Public and Congressional Affairs 1775 Duke Street Alexandria, VA 22314 (703) 518-6330 www.ncua.gov For state-chartered credit unions, contact your state's regulatory agency. Mortgage Companies and Other Lenders Federal Trade Commission Consumer Response Center 600 Pennsylvania Avenue, N.W. Washington, DC 20580 (877) FTC-HELP (877-382-4357, toll free) www.ftc.gov Other Information Sources U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., N.W. Housing and Civil Enforcement Section, NWB Washington, DC 20580 (202) 514-4713 www.usdoj.gov/crt/housing/index.html Federal Housing Finance Board 1777 F Street, N.W. Washington, DC 20006 (202) 408-2500 www.fhfb.gov Department of Housing and Urban Development 451 7th Street, S.W. Washington, DC 20410 800-669-9777 (voice) 800-927-9275 (TTY) www.hud.gov Office of Federal Housing Enterprise Oversight (OFHEO) 1700 G Street, N.W. 4th Floor Washington, DC 20552 (202) 414-6922 www.ofheo.gov Adobe acrobat version of text for printing (119 KB PDF) is formatted for printing on two sides of a 11 x 17" sheet of paper. Fold the paper in half. The PDF contains a fillable area on the back panel for you to provide your own contact information. Worksheet for printing (58 KB PDF) Obtaining the Acrobat Reader from the Adobe Web Site This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision. Home | Brochures Accessibility | Contact us Last update: March 24, 2004
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Rental Property If you
Tax Deductions for Rental Property Home | About Us | Office Locator | Tax Resource Center | Investor Relations | FAQ | Contact Us | Site Map Tax Resource Center Tax Forms Tax Changes Tax Tips Deductions@Work Tax Calculators Tax Links What to Bring Checklist Top 50 Overlooked Deductions Top Overlooked Credits Tax Topics Disasters and Casualties Tax Education Tax Glossary Tax Trivia for Tax Year 2005 Home : Tax Resource Center : Tax Topics Rental Property If you own rental real estate, you should know how it impacts your personal tax return. Rental income must be reported on your tax return, and generally, associated expenses can be deducted from your rental income. Reviewing answers to the following common questions regarding rental property may help you understand the tax implications of rental property ownership: What is considered rental income? What deductions can I take as an owner of rental property? What are some things I should know about rental property? Contact your local Jackson Hewitt office for more information or assistance. Use the Office Locator feature available on this Web site or call 1-800-234-1040 to find the Jackson Hewitt location most convenient to you. What is considered rental income? Rental income is any income you receive for the use or occupancy of property you own. Some examples are: Rent Payment to cancel a lease Advance rent Expenses paid by the tenant Any security deposit kept because a tenant did not fulfill their part of the rental agreement Do not include: A security deposit you are holding with the intent of returning it to the tenant at the end of the lease Income received from renting your home for fewer than 15 days per year Back to Top What deductions can I take as an owner of rental property? Deductible expenses for rental property are the ordinary and necessary expenses to manage, conserve, and maintain your property. Deductible expenses include: Advertising in the newspaper for tenants and cost of signs Cleaning supplies Real estate taxes Mortgage and other interest paid for the rental property Cost of insurance-hazard, flood, fire, or liability Payments for service such as lawn care, pest control, and trash collection Payments for maintenance of the property Professional fees for tax advice and tax return preparation fees for the part of the tax return dealing with rental property Cost of new locks and keys Commissions paid for finding tenants Cost of necessary transportation to and from the rental property for the purpose of maintenance, management, rent collection, picking up supplies, or checking the property (if you use your personal vehicle, either keep track of actual expenses and miles traveled or just the miles traveled) Cost of repairs and maintenance (not improvements) to keep your property in good condition (this includes items such as repainting and fixing floors and windows) Cost of renting equipment used for the rental property Depreciation of the property (not including the land) Depreciation of appliances, furnishings, and improvements Any long distance calls associated with your rental property The court costs for evicting a tenant Legal fees pertaining to the rental property or tenants Utilities Expenses incurred when the property is not rented as long as you are actively trying to rent the property (even if you are renting it for the first time) You cannot deduct: Rental income lost due to vacancy The cost of improvements which increase the value and/or extend the life of the property or modify it for a new use (includes such things as a room addition, new carpet, new appliances, fencing, or a new roof - these items can generally be depreciated) Back to Top What Are Some Things I Should Know About Rental Property? If you rent only part of your property, certain expenses must be divided between the part used as rental property and the part used for personal purposes. If you do not rent your property for profit, you can deduct your rental expenses only up to the amount of your rental income. When rental property is sold, the resulting gain or loss is treated as ordinary or capital, depending on the circumstances. The rental of personal property such as equipment or vehicles is reported as business income. You are in the business of renting personal property if the primary purpose for renting the property is income or profit and you are involved in the activity on a continuous and regular basis. If your rental of personal property is not a business, other rules for reporting will apply. Losses from residential rental properties are subject to certain limitations. If you are considered a real estate professional, special rules apply for the reporting of income and losses. For more information, contact your local Jackson Hewitt Tax Service office. Back to Top Back to Tax Topics Tax Tips CASUALTY AND THEFT LOSS - AUTO If you have been involved in an automobile accident, the damage to your car may be considered a casualty loss. This would apply if the loss were not due to your negligence or the negligence of someone driving your vehicle. The loss must first be reduced by any insurance or other reimbursement plus $100, and then by 10% of your adjusted gross income. home | about us | tax news | tackle your taxes | learn & earn | own a franchise | work with us | privacy/terms of use © 2004 Jackson Hewitt Inc. All rights reserved.