Archive for December, 2008

New York City Sellers are begging you to buy…

Monday, December 15th, 2008

As we move closer to the New Year and look back on what was 2008, so much has changed.  We began the year knowing of the strength of Bear Sterns, Lehman Brothers and AIG.  Also….people had jobs.  The situation now seems absolutely dire.  All you hear about on the news are new scams, new indictments, more foreclosures, less credit, etc.  Aside from the staggering unemployment figures we are facing, there is one…very very large…diamond in the rough.  It looks like its never been better for someone to purchase some real estate in New York City.   Let me please be clear about this.  It’s a great time to buy some property in New York as long as you have a sizeable downpayment, good credit, a stable emergency fund, and are not looking to get on any TLC shows for “flipping”.  

Why is that?  Well for starters mortgage rates are great and it looks like they will likely fall to historic lows pretty soon. If people thought 6% was good,  imagine having a 4.5% mortgage 10 years from now.  Perhaps even more importantly is that you are starting to see a ton of unsold inventory around New York City (specifically Brooklyn).  Prices in many of these new construction buildings have dropped anywhere from 10-20% already, and its likely they will fall even further (Im beginning to sound like a sales rep).  But without even expressing opinions on the market (because no one is ever right about that), the one thing you should know is that if you are purchasing any property in New York City right now, keep negotiating as hard as you can.  My clients have had transfer taxes and a large amount of closing costs paid by the sellers on several recent deals (not promising the same will happen to you, but it seems to be happening more and more).  Sellers are sitting on new construction developments with huge construction loans and they have to get rid of these units.  They’re really not interested in keeping your 10% deposits if you can’t close on time as they need the entire purchase price.  Having said that, make sure you are aggressive in terms of the price you ask for, as well as the credits you ask for (transfer taxes, etc.).  When you combine all of these with low mortgage rates, a lot of qualified (say it with me…qualified) people who can afford the home they are purchasing will be in a great position very soon.  

Also, please be wary of this FHA loan nonsense that is flying around.  FHA loans are not some savior loan that will make your couch more comfortable or the air smell fresher as they make it seem on TV.  Its a loan.  With a lot of drawbacks and points and escrow amounts that you have to put aside.  Sometimes its good, and sometimes its not so good.  Make sure you look into the pitfalls and benefits before you decide to go FHA.

Tapping into a 401k to avoid Personal Bankruptcy in New York is crazy…

Wednesday, December 3rd, 2008

Look folks.  We have to face some facts here.  If you’re making $45,000 a year and have a family, and you have a rather large amount of credit card debt in New York, tapping into your 401k and/or IRA to pay off a partial amount of the debt is a bad idea.  I know critics will say “It’s your debt, you earned it, and if you have the money you should pay for it.”  I get it.  But if we all listened to such sage advice then Lehman Brothers would still be here, and banks wouldnt have their hands out because they ALSO took on way too much debt.  It happens and we need to move on from this higher than thou thinking.  

The point is this:  The money that you saved your entire life should be there for you when you retire.  The 401k and IRA funds that you’ve worked for need to remain untouched if you plan to retire someday (putting aside the fact that the Stock Market has tanked).  If you have 50k in credit card debt and you take out a 20k loan against your 401k to pay for it, you’re losing on both ends.  First, you’re not paying off the remaining $30,000 on a normal salary (especially if you’re interest rate is close to 15%-25% plus late fees, etc.)  That balance will continue to grow until it hits 50k or more again.  Second, what happens if you can’t repay that 401k loan?  Now you have a ton of debt AND are going to have some issues retiring.  Finally, the tax hit is quite large.  

The solution to your issues with debt is not trying to pay it “partially down”.  If you can get rid of all of it and still be able to retire then great, but if you’re going to have issues down the line then keep the money where it is.  I am not AT ALL saying that you should keep piling on credit card debt.  What I am saying is that if you find yourself in a bit of a credit crunch and are strapped for cash, don’t go into your retirement piggy bank.  There are other ways out of this mess than will not involve you working well into your 90′s.

 

Daniel Gershburg Esq., is a Bankruptcy & Real Estate attorney serving  clients in Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.  Mr. Gershburg has given lectures and presentations to both attorneys and the community at large surrounding Bankruptcy and financial advocacy in the New York City area. He is a proud member of the National Association of Consumer Advocates.   Currently he is working on his first book giving practical advice about repairing troubled credit and how to improve credit post Bankruptcy.

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