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SILVAR’s 2014 Installation Dinner is next week on Thursday, January 9, 6 p.m. at Villa Ragusa, 35 South 2nd Street in Campbell. At this special event, 2014 President David Tonna and the 2014 officers and Board of Directors will be officially installed.
Taking the oath of office with Tonna will be Chris Isaacson, President-elect; Phyllis Carmichael, Treasurer; Carolyn Miller, Past President; Suzanne Yost, Region 9 Chair; Lehua Greenman, Menlo Park/Atherton District Chair; Jeff Beltramo, Palo Alto District Chair; Bonnie Kehl and Joe Brown, Los Altos/Mountain View District Co-chairs; Sue Bose, Cupertino/Sunnyvale District Chair; Mark Von Kaenel, Los Gatos/Saratoga District Chair; Jeff Bell, Mark Burns, Eileen Giorgi, Bill Moody, Karen Trolan, At-large Directors; John Tripp, NAR Director; and Simon Offord, Affiliate Chair. The special awards for REALTOR® of the Year, Affiliate of the Year and Spirit of SILVAR will also be presented during the evening.
Thank you in advance to this year’s Installation Sponsors: Los Gatos/Saratoga District; Alain Pinel REALTORS® – Los Gatos, Saratoga and Almaden Valley; MLSListings Inc.; Kenneth Chan – HSBC; Sereno Group; Troy Harrison Property Inspections; Pacific Union Real Estate; and Daddario Roofing Company.
The California Association of REALTORS® (C.A.R.) announced on Wednesday that it received a letter from the California Franchise Tax Board (FTB), obtained by Board of Equalization member George Runner, clarifying that California families who have lost their home in a short sale are not subject to state income tax liability on debt forgiveness “phantom income” they never received in a short sale.
Last month, in a letter to California Senator Barbara Boxer, the Internal Revenue Service (IRS) recognized that the debt written off in a short sale does not constitute recourse debt under California law, and thus does not create so-called “cancellation of debt” income to the underwater home seller for federal income tax purposes. Following the IRS’s clarification, C.A.R. sought a similar ruling by the California FTB. With the FTB’s clarification, underwater home sellers are now assured that they are not subject to state income tax liability, rescuing tens of thousands of distressed home sellers from California tax liability for debt written off by lenders in short sales.
“We are pleased with the recent clarifications issued by the IRS and the California Franchise Tax Board, which protect distressed homeowners from debt relief income tax associated with a short sale in California,” said C.A.R. President Kevin Brown. “We would like to thank Senator Boxer and BOE member Runner for their leadership in obtaining this guidance from the IRS and FTB. Distressed California homeowners can now avoid foreclosure or bankruptcy and can opt for a short sale instead, without incurring federal and state tax liability, even after the Mortgage Forgiveness Debt Relief Act of 2007 expires at the end of this year.”
One of the major successes Congress reached in the “fiscal cliff” negotiations at the end of 2012 was the extension of the Mortgage Forgiveness Debt Relief Act for another year. The measure will continue to exempt from taxation mortgage debt that is forgiven when homeowners and their mortgage lenders negotiate a short sale, loan modification (including any principal reduction) or foreclosure.
While debt relief had been extended at the federal level, the state exemption expired at the end of 2012. In order to conform state law to the federal law that recently passed extending mortgage debt forgiveness, C.A.R. sponsored Senate Bill 30 (Calderon, D-Montebello) so California homeowners on the brink of foreclosure could get much-needed debt relief. That measure has stalled at the state level.
“Senator Boxer’s request to the IRS to provide guidance on whether mortgage debt forgiveness in a lender-approved short sale would be taxable and the subsequent rulings by the IRS and California FTB help clarify the state income tax status of distressed home sellers in California. Many have been worried about it and have contacted our association seeking clarification. We are glad the issue has been resolved,” said Carolyn Miller, president of the Silicon Valley Association of REALTORS® (SILVAR).
April 2013 marks the 45th anniversary of the 1968 landmark Fair Housing Act, which strives to to ensure equal housing opportunity for all. Each year REALTORS® join the U.S. Department of Housing and Urban Development (HUD), the California Department of Fair Employment and Housing, and rest of the nation in recognizing April as Fair Housing Month.
REALTORS® play a vital role in ensuring fair housing for all and strive to make homeownership accessible to everyone. The National Association of REALTORS® (NAR) works to help create an environment where everyone can choose where they want to live and not be discriminated against as they seek to achieve the American dream of homeownership.
Carolyn Miller, president of the Silicon Valley Association of REALTORS®, whose members are also members of NAR, says REALTORS® abide by a Code of Ethics that states REALTORS® shall not deny equal professional services and shall not be a party to any plan or agreement to discriminate against any person for reasons of race, color, religion, sex, handicap, familial status, national origin, or sexual orientation.
“REALTORS® want all buyers and sellers to enjoy the benefits of a housing market free from discrimination,” says Miller.
On April 26, SILVAR is promoting Fair Housing Month by offering At Home With Diversity®, a course that teaches REALTORS® and other business professionals how to work effectively within a multicultural market. The full-day course addresses topics like diversity, fair housing and business planning development. For more information about At Home With Diversity®, call SILVAR at (408) 200-0100.
“Knowing how to work effectively with diverse populations can help you build business success in today’s multicultural real estate market,” adds Miller.
Under the law, a home seller or landlord cannot discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. They cannot instruct their real estate agent to convey any limitations in a sale or rental.
Buyers or renters have the right to expect housing will be available to them without discrimination, including:
• housing in their price range made available without discrimination.
• equal professional service.
• the opportunity to consider a broad range of housing choices.
• no discriminatory limitations on communities or locations of housing.
• no discrimination in the financing, appraising, or insuring of housing.
• reasonable accommodations in rules, practices and procedures for persons with disabilities.
• non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling.
• freedom from harassment or intimidation for exercising their fair housing rights.
Buyers or renters who believe they have experienced discrimination may file a complaint with the California Department of Fair Employment and Housing within one year of the alleged discrimination.
HUD recently launched a new mobile application for iPhone and iPad that provides the public information about their housing rights and responsibilities. The app also provides information about the fair housing complaint process, and allows the public to access HUD’s toll-free discrimination hotline and link to HUD’s fair housing website: http://www.hud.gov/fairhousing
In an effort to provide California home buyers with up-to-date information about available home buyer assistance programs, the California Association of REALTORS® (C.A.R.) has launched California Mortgage Resource Directory (http://mortgage.car.org), an online search tool that identifies current mortgage programs in communities throughout the state.
“Millions of dollars go unused every year because home buyers are unaware of the various buyer assistance programs available to them,” said C.A.R. President Don Faught. “With California Mortgage Resource Directory, REALTORS® and buyers can quickly connect with any number of home buyer resources without having to search within each municipality individually.”
California Mortgage Resource Directory helps bridge the down payment gap for homebuyers and connects them with resources that they may not have otherwise known existed. Buyers can search by city or address for public- and private-funded assistance programs including FHA/VA, HUD, affordable fixed-rate mortgages, rehab loans, and more.
“The California Mortgage Resource Directory is a good resource if you are thinking of buying a home and are assessing your finances. Many buyers are unaware of down payment and other home buyer assistance programs that are out there. This would be a valuable tool for both REALTORS® and their clients,” said Carolyn Miller, president of the Silicon Valley Association of REALTORS®.
“Low mortgage interest rates help make homes affordable for buyers, but many can’t come up with the down payment needed to qualify for a loan. The more money a buyer can put on a down payment, the lower the amount of the loan, so the California Mortgage Resource Directory can prove valuable to home buyers looking for down payment assistance,” added Miller.
The new directory is powered by Down Payment Resource, the nation’s only web-based aggregator of home buyer programs. The tool was developed by Workforce Resource (www.workforce-resource.com) and is made available through Multiple Listing Services, REALTORS® associations, and nonprofits.
The Silicon Valley Association of REALTORS® (SILVAR) hailed a rebuttal by the California Association of REALTORS® (C.A.R.) to an opinion editorial piece advocating the elimination of the mortgage interest deduction (MID).
“We are happy that California Association of REALTORS® President Don Faught was able to put the facts out there about the importance of the mortgage interest deduction to all homeowners, especially low- and middle-class families,” said SILVAR President Carolyn Miller.
Doyle McManus, a columnist with the Los Angeles Times, recently wrote an opinion editorial advocating the elimination of the MID. C.A.R. President Don Faught submitted a letter to the editor refuting the op-ed piece, questioning supporting a tax measure that would put a burden on lower- and middle-class families that can least afford it.
In his letter, Faught explained if the MID is eliminated, it would cost the average California taxpayer $3,940 annually, a substantial amount for those who need it the most. In California, 59 percent of taxpayers who claimed this deduction in 2010 earned less than $100,000 a year. The amount is considered not high income in California because home prices are among the highest in the nation.
“Eliminating the deduction would mean fewer home sales, not to mention a drop in other purchases that typically accompany a home sale such as furniture and other retail purchases. Already struggling local governments would see tax revenues fall, and since housing is widely regarded as a key economic driver, our country could be driven back to recession,” wrote Faught.
The MID allows an individual to deduct mortgage interest paid on mortgage debt of up to $1 million. The ability to deduct the interest paid on a mortgage can translate into significant savings at tax time.
Faught referred to a recent C.A.R. survey that found nearly eight in 10 home buyers said the mortgage interest and property tax deductions were “extremely important” in their decision to purchase a home. A Pew Research Center study last year also found 80 percent of Americans believe buying a home is the best long-term investment they can make.
“After all, renting is not the American Dream; homeownership is. For many, the mortgage interest deduction can mean the difference between attaining that dream or not,” Faught’s letter concluded.
Miller said REALTORS® will continue to defend the MID. “The mortgage interest deduction is not a loophole. It is a fundamental building block of equity for homeowners. For aspiring homeowners who don’t have hundreds of thousands of dollars in savings to buy a home outright, tax benefits like the mortgage interest deduction help them begin building their future through homeownership,” said Miller.

SILVAR past president and PRDS President Mark Burns, Charitable Foundation trustee Carolyn Miller and WVCS executive director Naomi Nakano-Matsumoto display the big check $2,000 to West Valley Community Services (WVCS).
This week, the Silicon Valley REALTORS® Charitable Foundation presented $2,000 to West Valley Community Services, a private non-profit, community-based agency that provides direct assistance and referral services to over 6,000 individuals and families annually in the communities of Cupertino, Los Gatos, Monte Sereno, Saratoga, West San Jose and the unincorporated mountain regions.
Receiving the check from Charitable Foundation Trustee Carolyn Miller, Naiomi Nakano-Matsumoto, executive director of West Valley Community Services (WVCS), thanked SILVAR members. She said the 2011 Homeless Point in Time survey has indicated an estimated 7,042 individuals are experiencing homelessness in Santa Clara County each night. While there are some signs the economy is improving, it doesn’t appear that way for some individuals and families, according to Nakano-Matsumoto.
Nakano-Matsumoto said the Charitable Foundation grant will support the WVCS Comprehensive Emergency Assistance Program (CEAP), a program which provides one-time financial assistance to prevent homelessness, hunger and utility disconnection for individuals and families experiencing unexpected financial setbacks.
WVCS also has the Haven to Home program, which provides supportive services and stable housing to homeless individuals and families; 30 homeless persons have been moved to permanent housing. The WVCS Transitional Housing Program houses 12 homeless men and six single mothers with a child. The program provides them with skills so they can secure permanent housing, find and maintain employment, and enhance income opportunity. WVCS likewise owns and operates Vista Village Apartments Complex, a permanent housing for low-income households.
Nakano-Matsumoto said the agency is in great need of volunteers to pick up, carry, as well as distribute food to the homeless. She added that they are short on food items. She said Second Harvest Food Bank, one of the groups with whom WVCS partners, is low on food items, so the agency has had to seek other partnerships to support its food program.
“It is such a rewarding feeling for all of our District members to be able to share with others in and around our local community. Naomi always fills us in as to where the money will be going. . . .always to great causes. We are so happy we’re able to send consistent contributions to this worthy cause,” Miller, who also serves as SILVAR’s 2012 president-elect.