Well, leave it up to Maryalnd to lead the way on increasing taxes to the Maryland Home buyer! I received an email from my attorney within the last few days explaining the new process for calculating transfer taxes and recordation fees to all short sales.
Previously all taxes were calculated based on the CONTRACT PRICE, which is fair since that is what is being PAID for the property. But our legislature feels that the seller of a short sale property has reaped the benefit of ADDITIONAL MONEY since they mortgaged say 25% more than the home is currently worth. So why shouldn't the Government get taxes based on the amount of the MORTGAGE BALANCE?
Lets just take a quick look at what this means using numbers from a short sale I did last year:
Contract price of the home: $350,000
Transfer tax/recordation on contract price: $8925
Mortgaged amount on property: $520,000
TT/R on Mortgage amount: $13,260
An additional $4335 in taxes to the State Government!!!
Ok, I agree not every transaction is like this one, so lets take a look at what it means to the majority of transactions.
The average sell price of a home is around $225,000. In the short sales that I have been involved with, the average mortgage on these homes have been around $300,000.
TT/R on $225K= $5738
TT/R on $300K= $7650
Difference $1912
$1912 that someone will have to pay. So, let's see, the bank is already taking a loss of at least $75,000. The seller, in most cases, has no money, so that only leaves one person in the transaction-the BUYER! Is that a conversation that we want to have with a buyer who is a little apprehensive anyway?
I guess the State does have to make up the short fall of income they had through this economic downturn. So if there are 1000 SS transactions this year-that would be another $1.9M in the State Couffers.
It will be very interesting to see how this plays out. Will it help increase money to the State or will it have a negative impact on the local Real Estate Market?
Read the full email from my attorney HERE!

Stephen Luckett
LuckNet Real Estate Group
443-384-6000 office 443-912-4866 cell