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Aug 05, 2008 -- New housing rules -- Part II

Yesterday, Clark reviewed some changes that are coming in the housing market because of new housing laws.

This lobbyist-laden bill is already befuddling some. One provision in the housing rescue bill even has a subsidy for railcars. Kudos to syndicated financial columnist Kathleen Pender for digging that tidbit out of the more than 700 pages of rules.

Here are some more key provisions, most of which become effective in October:

• Reverse mortgages will now have a 2% maximum on fees (1% for mortgages above $200,000) -- with a cap at $6,000. This is good news for "house rich, cash poor" seniors contemplating a reverse mortgage. It should reduce the number of people getting ripped off with huge fees.

• Interest rate rescue for those in jumbo loans is on the way. Fannie Mae and Freddie Mac will be allowed to buy loans up to 115% of the local median home price. That means access to lower interest rates for those in loans above $417,000.

• There will be new protection for active military and veterans against foreclosures. Lenders will be required to wait 9 months -- instead of 90 days -- before beginning proceedings. Plus, there are new rules on interest rate adjustment. For too long, banks had unwittingly violated laws on interest rates for military. Visit Military.com to learn your rights.

• Vacation homes will be the subject of new scrutiny. No more loopholes about avoiding capital-gains taxes by living in a vacation or rental property as a primary residence for 2 years before selling it. Now you may owe tax on a portion of the gain, based on the years you didn't live there full-time.


Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Rental-Vacatoion capital gains taxes
    Beware fellow listeners that are currently sheltering a vacation or rental property- Clark is giving incomplete or incompetent advise to callers and listeners on this topic- you are grandfathered into the old law if you are currently living or if you move in on or before Dec 31 2008- view this abc news link for more info http://abcnews.go.com/Business/PersonalFinance/Story?id=5558432&page=3
  • capital- gain taxes
    my question is basically the same as Rose's. And does it make any kind of a difference if the property was part of an inheritance?
  • capital-gain taxes
    What if I sold my primary residence 2 years ago and now live in another property that was a rental. My accountant has told me I can sale again after livng there as my primary residence for two years and I have owned the property for 5 or more years, without paying capital-gains. When did the tax rules change or when will it become effective???
  • Roth-401
    I keep missing the full conversation that Clark has about a Roth account. My company just started to offer it in our 401k plan. Should I roll my other accounts into the Roth if I can? If I can't roll them, should I lower what I am putting in the other accounts and max my Roth?
  • forecloser question
    I just received a divorce and I was given the house but there is a second loan on the house and I can't make the payment for the second loan. I have been making the morgage payment. I would like to know if the second loan can foreclose on my house even if I am making the first morgage/ my E-mail is nannygogirl@yahoo.com
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