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Converting Real Property into IncomeCancer and its treatment can leave survivors with financial concerns and a need for more income. During a time of financial need, you might consider borrowing against or selling real property that you own. Making decisions about real property matters is complicated. If you are considering this method of obtaining more income, it is important to understand all of the ways this may affect you and your financial situation. Converting Real Property into Income: Detailed InformationThis information is meant to be a general introduction to this topic. The purpose is to provide a starting point for you to become more informed about important matters that may be affecting your life as a survivor and to provide ideas about steps you can take to learn more. This information is not intended nor should it be interpreted as providing professional medical, legal and financial advice. You should consult a trained professional for more information. Please read the Suggestions and Additional Resources documents for questions to ask and for more resources. Cancer and its treatment can leave a survivor with financial concerns and a need for more income. During a time like this, you might consider borrowing against or selling the real property you own as a source of income to meet your financial needs. Real property is your land and anything that is erected, fixed or attached (such as a house) and passed on with the land when it is sold. Obtaining money through the use of your real property is called converting real property into income. Various types of real property can be converted into income, such as your house or condominium, a vacation home, investment properties, and/or land or property that you have inherited. Some methods of converting real property may allow you to obtain funds from the property while you continue to live there, while others may require you to move. If you are considering taking any of these steps, be certain that you understand all of the ways this may affect you and your financial situation. Making decisions about real property matters is likely to be complicated. The laws that cover transactions related to home loans, sales and rentals are often confusing and they change frequently. Get assistance from people who have expertise in this area and ask knowledgeable family or friends for help with understanding your options. In addition, discuss specific needs and your options with a financial planner, real estate expert or other professional who is knowledgeable about real property and tax planning. Before deciding to use your real property to get extra income, talk with family and close friends. There may be other options to help you obtain more money, such as through a personal loan or the sale of something you own. Also, if you qualify, there may be financial assistance through a variety of government or nonprofit programs. For example, some programs help people obtain health care services and/or prescription medications at reduced rates or no cost, depending on the level of need. This document includes an overview of ways of converting real property into income including:
Using Real Property to Access Income The following is an overview of each of the methods of converting real property, including specific factors to consider about each option: Owning real property is an investment that is likely to increase in value over time. Homes and other property are sold for many reasons. Before you make the decision to sell, consider the following:
2. Sale-Leaseback Arrangement A sale-leaseback is a type of real estate transaction in which the seller of a home immediately rents it back for a specific period of time. In a sale-leaseback arrangement, you sell your house to someone else but continue to live in it as a tenant. The buyer takes over the cost of maintaining the home, paying the taxes and possibly even the utilities. The advantages are that you continue to live in the house and receive cash now from the sale of the house while giving up the responsibility of maintaining the property. On the other hand, you no longer have the rights of ownership as you become a tenant to the new owner. Before you make the decision to enter into a sale-leaseback arrangement with your home, consider the following:
3. Home Equity Conversion: Home Equity Loan or Line of Credit If your house is worth more than the mortgage amount you owe on it, then you are said to have "equity" in the home. Equity is the value of the difference between what you owe on the house and what it is currently worth on the market. For example, if your home is worth $200,000, and you owe $120,000 on your mortgage, then your equity is $80,000. If you have equity in your home, you may be able to borrow money using your home as security. With a home equity loan, you receive money in a lump sum. Another option is to obtain a home equity line of credit that allows you to write checks as you need the money, up to a pre-determined amount. With this type of credit, you are approved for a specific amount of credit that is usually a percentage (such as 75 percent) of the home's appraised value subtracted from the balance owed on the existing mortgage. Another important difference between a home equity loan and a home equity line of credit is the actual structure of the loan. A home equity loan has to be paid back over a period of time, so each monthly payment by the borrower goes towards both the principal (the amount borrowed) and interest. A home equity line of credit is similar to a credit card line of credit because the borrower can use as much of the lender-approved line of credit funds as they want and monthly payments only have to cover the interest. With a home equity line of credit, the borrower can decide how much principal to pay back (above and beyond the interest payment) on a monthly basis. For this reason, the home equity line of credit offers more flexibility to the borrower and can serve as a form of an interest only loan. Finally, most home equity loans have a fixed interest rate for the life of the loan, while a home equity line of credit usually has a variable interest rate. Be aware that the costs to establish a home equity loan or line of credit may be similar to what you have to pay when you buy a home, including:
Some lenders, such as large consumer banks, may waive some or all of the closing costs. A home equity loan or line of credit may be a good option if you are facing very high medical bills or unemployment. However, there is an important factor to consider. Specifically, if you ever have to declare bankruptcy, you can typically let go of unsecured debt, such as credit card balances. However, if your house has been used to secure those debts through a home equity loan or line of credit, and you cannot make the loan payments, you can lose your house to foreclosure. If this occurs, all of the creditors will be paid before you receive any money from the sale of the house during the foreclosure process. Lenders are often willing to lend you an amount close to the market value of your house, and sometimes even more than that value. While it may sound like a good idea to get as much money now as you can, keep in mind that you must continue to pay both your original mortgage payment as well as the payment on the home equity loan or line of credit. Before you decide whether a home equity loan is the best solution for you, think about your short-term and long-term goals. It is also important to consider all of the advantages and disadvantages for your specific situation. An advantage to a home equity loan or line of credit may include having an interest rate that is lower than rates on credit cards and unsecured personal loans. The interest paid on your home equity loan is also an income tax deduction. In addition, a lender cannot take your health condition or life expectancy into consideration when deciding whether to grant this type of loan. On the other hand, be certain to consider the following before setting up a home equity loan or credit line:
If you decide that a home equity loan or line of credit is a good option for your situation, shop for a loan from both local lenders and national lenders, and compare the terms of at least three different lenders. If you intend to keep the money for a short period of time, focus on the fees and initial interest rate. If you expect to keep the loan for a longer period of time, focus more on the interest rate over time, including your ability to keep up with payments, especially if the rate is adjustable. Lenders are required by the federal Truth in Lending Act to disclose the important terms and costs of their home equity plans, including the annual percentage rate (APR), payment terms, information about variable-rate features and any charges. This law also gives you up to three days from the day a home equity line account is opened to cancel the credit line for any reason by informing the lender in writing during that time period. The lender is then required to cancel its security interest in your home and return all fees (including application and appraisal fees) paid to open your account. Every state has different laws concerning home equity loans and home equity lines of credit. Check with your local lender to find out more about the laws in your state. 4. Traditional Second Mortgage Loan A traditional second mortgage provides a fixed amount of money to be repaid over a fixed period of time, usually with equal payments that will pay off the entire loan. If you are thinking about obtaining a home equity line of credit, compare the expenses and benefits to that type of account to those of a traditional second mortgage loan. Your comparison of a home equity loan to a traditional second mortgage loan should include fees and other charges, as well as the APRs for each type of loan (the APRs are calculated differently for each type of loan). 5. Mortgage Refinancing A mortgage is another name for a loan used to buy a house. The mortgage lender (usually a bank) guarantees repayment by keeping a legal interest in the house as security for the loan. If you do not pay the debt on schedule, the lender has the right to take over the house and sell it. The sale proceeds are then used to pay off the debt. If you owe money on your house, you may be able to arrange for a new mortgage loan with your original lender. This is called refinancing. By doing this, you may be able to lower your monthly mortgage payment and free up money in your budget for other needs. When you refinance your mortgage, the same lender replaces your current loan with a new one. A bank will look at your credit rating when deciding whether to give you a loan secured by a mortgage. However, the bank is not allowed to take into consideration your health condition. A "cash-out refinance" is another type of mortgage refinance arrangement that can be used by property owners. This type of refinance might be considered if there is a large amount of debt or the need to pay a major expense. In this case, the primary residence is refinanced for a new mortgage amount that is larger than what is actually owed on the current mortgage. The extra cash that is received can then be used for debts and expenses, such as medical bills and credit card balances. Be certain to include the following when doing a comparison:
If you are refinancing to reduce your monthly mortgage payment, consider the costs involved in refinancing. Generally, if you will not get your costs back in less than three years, it may not be worthwhile to refinance, particularly if you do not plan to stay in the house. Consult a financial professional and/or a tax expert before deciding to proceed with a refinancing option. 6. Life Estate Arrangements With a life estate arrangement, you sell your house but are allowed to live in it for the rest of your life, usually without paying rent. The parties decide the terms of the arrangement, such as who will pay for the maintenance and upkeep of the house. As with sale-leaseback arrangements, a life estate arrangement is usually made with friends or relatives, but should be set up through proper legal channels. This protects both you and the buyer. Before entering into a life estate arrangement, both you and the buyer should talk to an attorney about the tax implications of the arrangement. 7. Reverse Mortgage As with any mortgage, a reverse mortgage is a loan that is secured by your house. You are able to stay in the house, and you have all the responsibilities of ownership. Generally, the legal obligation to pay back the loan is limited to the value of the house. This is called a "non-recourse loan." Reverse mortgages are only available to people age 62 or older. Some reverse mortgages are guaranteed by the Federal Housing Administration (FHA) against default by the lender. A traditional loan requires that you make monthly payments until the debt and interest are repaid. In contrast, a reverse mortgage provides that:
Keep in mind that you also need to understand the disadvantages of setting up a reverse mortgage loan. For example, depending on how the loan is arranged, it is possible to outlive the loan value of the house and end up with no more income. In addition, the lender, not you, is likely to get the advantage of any future increase in the value of the property. If you have to move, the house must be sold to pay off the debt and you cannot leave the home to your heirs or rent it out to someone else. When you look at the costs of a reverse mortgage loan, look beyond the expense of obtaining the reverse mortgage. For example, remember to include any expenses you will have while you stay in the house, such as maintenance, utility and repair costs. Ask yourself the following questions before you decide to set up a reverse mortgage:
If you apply for a reverse mortgage, be certain to seek information from an FHA-approved reverse mortgage counseling agency. These agencies have no financial investment in your decision and will give you detailed information on the advantages and disadvantages of obtaining a reverse mortgage. This information will help you decide whether a reverse mortgage is right for you. The U.S. Department of Housing and Urban Development (HUD) sponsors housing counseling agencies (Home Equity Conversion Mortgage Counseling Network) throughout the country that can provide advice on various housing issues including reverse mortgages. HUD will provide you further information if you contact them by phone or online through the FHA Resource Center. Before going into a reverse mortgage agreement, you should also check with a professional advisor who does not have a financial interest in the loan, such as your financial planner, lawyer or accountant. Other Options to Create Income from Real Property Other options that may allow you to remain in your home while still collecting income from your home include:
If you decide to rent out your entire home and move into a new home or apartment, your rental income might exceed the cost of your new residence. However, be sure that what you charge renters also takes into account the expenses of maintaining the house and that the rental agreement states who is responsible for repairs and maintenance of the home. To find a renter, you can list your home with a real estate broker or brokers, or try to rent it yourself. To determine how much rent to charge, contact several real estate brokers in your area to identify what the current rental rates are in your area. You can also check your local newspaper or Web sites for similar rental property to see how much others are charging. You can also consider hiring a property management service that will help you to rent out the property, collect rent payments from the tenants and oversee the general maintenance of the property. This type of property management service will charge a fee which is usually a percentage of the monthly rental price. Before opening your home or property to renters, check your insurance coverage to be sure that it covers liability for anything that happens to your tenant and his or her guests (and to their personal property). Remember to also take into account the impact that renting your home to someone may have on your tax situation as well as on any benefits you receive (such as Medicaid). Considering Professional Assistance Matters related to home loans, sales and rentals can be intimidating. The laws that cover these transactions may be confusing and they change frequently. Talk to people who have expertise in these matters, and ask your family or friends for help with understanding your options. For example, a financial planner, banker, mortgage broker, attorney and/or accountant can help you think about your need for money now as it compares to the benefits and risks involved in each option. Professional input will help you make the right decision about what is best for your situation. This document was produced in collaboration with: David S. Landay, Esq., author of Be Prepared: The Complete Financial, Legal and Practical Guide for Living with Cancer, HIV and Other Life-Challenging Conditions. Works Cited "Dreams Foreclosed: Saving Older Americans from Foreclosure Rescue Scams." ConsumerLaw.org. Consumer Concerns for Older Americans. National Consumer Law Center, Inc. Boston, MA. 27 November 2006. www.consumerlaw.org "How to Evaluate a Home's Resale Value" and "How to Decide if You Should Sell Your Home." Ehow.com. eHow: How to do just about everything. 27 November 2006. "HUD Approved Housing Counseling Agencies" and "Find a Housing Counselor." Homes & Communities. U.S. Department of Housing and Urban Development. 24 January 2007. Landay, David S. Be Prepared: The Complete Financial, Legal and Practical Guide to Living with Cancer, HIV and Other Life-Challenging Conditions. New York: St. Martin's Press, 1998. Petersen, David, Seminar: Financial Planning for People with HIV/AIDS, New York, 1994. "Pros and Cons of Debt Equity." Bankrate.com. 28 November 2006. www.bankrate.com Quinn, Jane Bryant. Making the Most of Your Money. New York: Simon & Schuster, 1991. "Sale-Leaseback Lenders Defy Regulation." Consumers Union.org. Nonprofit Publisher of Consumers Report. 27 November 2006. U.S. Department of the Treasury. Internal Revenue Service. Publication 523: Selling Your Home. Washington D.C: IRS Individual Forms and Publication Branch, 2006. "When Your Home Is On the Line: What You Should Know About Home Equity Lines of Credit." Pueblo.gsa. Federal Citizen Information Center. 21 November 2006. Converting Real Property Into Income: SuggestionsThe suggestions that follow are based on the information presented in the Detailed Information document. They are meant to help you take what you learn and apply the information to your own needs. This information is not intended nor should it be interpreted as providing professional medical, legal and financial advice. You should consult a trained professional for more information. Please read the Additional Resources document for links to more resources. Collect important information and relevant documentation about the real property that you own, such as the current market value of the property and/or the rental income potential of your property.
The U.S. Department of Housing and Urban Development (HUD) sponsors housing counseling agencies (Home Equity Conversion Mortgage Counseling Network) throughout the country that can provide advice on various housing issues including reverse mortgages. HUD will provide you further information if you contact them online or by phone through the FHA Resource Center. HUD-sponsored housing counseling services will also provide advice related to buying a home, renting, default, foreclosure and credit for little or no cost. Before going into a reverse mortgage agreement, check with a professional advisor who does not have a financial interest in the loan, such as a financial planner, lawyer or accountant. Converting Real Property into Income: Additional ResourcesThe resources listed below provide more detailed information and support services to help you with converting real property into income. Please read the Detailed Information and Suggestions document for more information and questions to ask. Click a resource for more information:
LIVESTRONG SurvivorCare offers assistance to all cancer survivors, including the person diagnosed, caregivers, family and friends. The program provides education, information about treatment options and new treatments in development, counseling services and assistance with financial, employment or insurance issues. To provide these services, LIVESTRONG SurvivorCare has partnered with several organizations, including CancerCare, Patient Advocate Foundation and EmergingMed. The LIVESTRONG Survivorship Notebook is a tool that can help you organize and guide your cancer experience. The portable, three-ring binder contains a variety of information covering a full range of physical, emotional and practical survivorship topics. You may order a free LIVESTRONG Survivorship Notebook at www.livestrong.org/notebook. Shipping and handling charges will apply. National Association of Personal Financial Advisors
The National Association of Personal Financial Advisers (NAPFA) is a professional organization for financial planners. Membership is limited to financial planners who charge customers a set fee rather than those who earn commissions from products that they sell to customers. From their Web site, you can find a fee-only financial planner in your area. The site also includes information about how to choose a financial planner and tips for managing your finances, as well as articles about investing, long-term care and disability insurance policies, retirement planning and more. The Financial Planning Association
The Financial Planning Association® (FPA®) is a nonprofit, membership organization for the financial planning community. FPA offers educational resources to help individuals discover the value of financial planning, including information on investing, tax planning, insurance, retirement planning and more. Tools on the FPA Web site outline financial planning decisions you should consider at different times in your life. The site also includes an online financial planner referral service called PlannerSearch to help you locate a financial planner in your area. AARP
AARP is a nonprofit organization for people over the age of 50. The AARP Web site includes information on a number of financial and practical subjects, and you do not have to be an AARP member or over the age of 50 to access these articles. Financial information includes worksheets for calculating income, expenses and cash flow, as well as tips for overall financial planning, including retirement accounts, reverse mortgages and investing. You can also use the Web site to request help with finding affordable legal services. Some information on the site is available in Spanish. American Bar Association
The American Bar Association is a professional association for lawyers. The ABA Web site has information for the general public about a wide range of legal topics, including creating a will, tax planning, establishing trusts and other common legal issues. In addition to explanations of legal terms and processes, the site provides specific information about preparing legal documents such as wills and other advance directives. The site also includes information about finding a lawyer or legal aid service in your state, as well as what to do if you have a problem with a lawyer or want to manage a legal issue without a lawyer. Internal Revenue Service
From the Internal Revenue Service (IRS) Web site, you can view or print fact sheets, tax instructions and forms, IRS publications and frequently asked questions. Tools are available to help you estimate appropriate amounts for withholdings, tax deductible donations and certain tax credits. You can also find out how to file your tax return online or find volunteers who can help you with your tax forms. Contact information is provided for state and local IRS offices. Information on the site is available in Spanish. Bankrate.com
This Web site provides tools that allow consumers to compare mortgage, home equity and other loan rates, estimate refinancing costs and calculate loan payments. Articles on financial planning, real estate and other topics are included as well. U.S. Department of Housing and Urban Development (HUD)
The U.S. Department of Housing and Urban Development is the federal agency that enforces fair housing laws. The Web site provides information on these laws, as well as fair lending practices, housing assistance programs and the housing rights of seniors and people with disabilities. Contact information for state offices is provided. You can also learn about filing a complaint if you have experienced problems with buying or renting a home. Some information on the site is available in Spanish. |
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