[00:00:00] Speaker A: Welcome to Home Story with Veronica. I'm Veronica Dicus, and today we're diving into the people, places, and decisions that make a house a home. You're watching NOW Media Television.
Welcome to Home Story with Veronica. I am Veronica. And today I'm opening up a conversation that so many families are having quietly at home, at work, and around the kitchen table. If you are not a US Citizen, can you still legally buy a home here? And there's a lot of fear around this subject and a lot of bad information. Some people assume citizenship is required. Some believe buying a home can somehow create legal status. Others think undocumented families have no housing options at all. That confusion creates hesitation, missed opportunities, and in some cases, real vulnerability. Joining me today is a beautiful Jamila Espinosa.
She is the owner of Espinosa Law, an immigration attorney whose work is centered on helping individuals, families, and and businesses navigate the immigration system with clarity and strategy. Because her practice focuses exclusively on immigration law, she brings the legal context this conversation needs. In this first segment, I want to start with the biggest myths and the biggest misunderstandings. Jamila, welcome to the show. It is so good to have you.
[00:01:17] Speaker B: Thank you. It's a pleasure to be here.
[00:01:19] Speaker A: Absolutely. And I will say I have seen Camila in action in immigration court because I used to work there, and she is absolutely amazing. So I highly recommend her for anybody in Charlotte, North Carolina, or surrounding areas. So let's go back to the topic. I want to begin by clearing the ground. There is no general federal rule that says that non US Citizens cannot buy a home in the United States. The real complexity is not basic ownership. It's financing, documentation, tax treatment, and how immigration realities intersect with real estate decisions. So, Jamila, before I get into the legal side, I want people to get to know you. What drew you into immigration law and why has this work become so personal and so important to you?
[00:02:00] Speaker B: Yeah, so I started initially interning during law school for a detent at a detention facility where women and children were being detained in the United States many years ago. Because my migration isn't a new topic, even though it definitely not.
So it became very personal at that moment. And then I saw how it intersects in so many other areas.
People think that immigration is just people. It's also businesses, churches. I represent all types of individuals seeking to come to the United States, and they want to do it the right way. They want to do it legally. And so that's why it became very important to me to pursue this type of area of law.
[00:02:39] Speaker A: I love that. And you're so good and so passionate about it. You can. You can really tell just by looking at your work and in your work with immigrant families and business clients, what have you learned about the fear and confusion people carry when housing and immigration questions collide?
[00:02:54] Speaker B: Yeah. So the biggest fear or myth is I can't own a home.
[00:02:57] Speaker A: Okay.
[00:02:58] Speaker B: Or if I do not have legal status or I have some type of temporary status, I might be here on a temporary work visa or a student visa, that if I do purchase property, it's not going to belong to me, it's going to belong to the government. And we are blessed here in the United States that we are the homeowners. Right. We are the property owners. The government does not have access to it unless we don't pay our taxes.
[00:03:20] Speaker A: Right.
[00:03:21] Speaker B: That is not how it is in many countries. We're really fortunate here. And so that's one of the most common myths is since I have this type of legal status, even if I am able to purchase, it could become the government's right. It's not mine permanently. So that's one of the most common myths that we see. And then the other myths are, just because of my legal status, I can't purchase a home at all.
[00:03:42] Speaker A: So let's clarify that. So if I am not a US Citizen and I come here and I buy a house, is the house mine?
[00:03:49] Speaker B: Yes, it belongs to you.
Many people, you know, come to the United States sometimes to even buy vacation homes. Right. So someone has a luxury. I don't have that luxury yet.
[00:03:58] Speaker A: Not yet.
[00:03:59] Speaker B: Yeah. To own property around the world. But we have people from all over the world that come and love to purchase properties here to vacation. And so they do not necessarily have legal status as a green card holder or as a US Citizen.
[00:04:12] Speaker A: That's true.
[00:04:12] Speaker B: But that property belongs to them, so. So, yes, you can own it. And you should. You really should.
[00:04:17] Speaker A: Absolutely. And the other point that you mentioned was not only owning, but there was another thing that you said that I wanted to follow up on. Remember the two points that you said at the beginning that people think, oh, and because they don't have a legal status, they think that they cannot buy a house.
[00:04:32] Speaker B: They cannot buy a house.
[00:04:33] Speaker A: Yes. Okay.
[00:04:34] Speaker B: That's really common.
[00:04:35] Speaker A: You can buy a house.
[00:04:36] Speaker B: Yes. And you should. You should be purchasing, right?
[00:04:39] Speaker A: Yes, you should. We have helped so many of our clients who don't have a legal status buy a home, so that. That shouldn't be a deterrent. You just have to make sure that you inform yourself very well on what programs are available for you. What loans are available? Yes, you can get a loan, et cetera. So we can definitely help you with that. But let's go back to it now. Let me start with the big one. Can we talked about that already a little bit. A non US Citizen legally buy a home in the United States. So we've said yes.
[00:05:06] Speaker B: Yes.
[00:05:06] Speaker A: Are there any specific criteria or anything that people need to be aware of if they're not a citizen when they want to buy a here?
[00:05:13] Speaker B: If you're not a citizen. Right. We have to look at the lenders, especially if you. Sometimes people are blessed. They have come to this country and they have been able to, you know, pull themselves off by their bootstraps. That is very common in the immigrant community. And they're able to buy a home outright. I've seen it. I've seen clients that have that tell me my home is paid off and I'm like, what a blessing. But not everybody has that luxury. You know, homeownership is expensive, but it's still possible.
But what we have to look at is the lenders. Right. Right. Now we know it's become a little bit restrictive and we'll chat a little bit more about that. But you still can purchase it. What we have to look at is a lender willing to lend to you because of your legal status.
[00:05:53] Speaker A: Exactly. But if you want to come and buy cash.
[00:05:55] Speaker B: Yep.
[00:05:56] Speaker A: All you need is what, a real estate attorney and an agent to help you buy cash.
[00:05:59] Speaker B: That's all you. Yeah, that's absolutely all you need. And when we talk about those people that sometimes have that privilege. Right. That come from around the world, a lot of times, that is why they're able to benefit from it so quickly. People wonder why. Why? How can this person purchase a property so quickly? Right. When we're talking cash, it can be a much faster transaction.
[00:06:17] Speaker A: Yes. And we will talk about this later, but I'm sure you're asking yourself the question, so I can buy easily, can I sell that easily? There's a different side to selling, and we are going to talk about that. Yes, you can. But there's different things that you need to consider for sure. So make sure that you keep watching so that you see that part. Now, if someone has a visa, how does that change the real world path to buying compared with someone who has permanent residency?
[00:06:41] Speaker B: Yeah. So for many, what they don't understand is what's the permanent resident versus what is holding a visa? Right. A permanent resident is someone who has the privilege to call the United States home Forever. There is some kind finds it can be taken away if, for example, they were to commit a crime. But for the most part, they have the luxury of being able to call the United States home forever. A visa holder is someone who is here on a temporary basis. They only are allowed to stay as long as they are within the confines of their visa. Sometimes that can be many, many years. Sometimes it could be a student who's only here to, for example, attend college. And so there is distinctions because of that legal status on the lending side, the lender wants to see what's the risk. And that's for all of us that are buying homes.
[00:07:23] Speaker A: Right. And we go through that too.
[00:07:25] Speaker B: We all go through that.
So that is really the biggest myth that they have to deal with is that I'm a visa holder. Because I'm a visa holder, I can't apply. What we have seen recently, within the last year, it has become more restricted for those that are not US citizens or green card holders. The home buying is becoming more restrictive on the lender side because of some of the federal guidelines that have changed.
[00:07:50] Speaker A: Yes.
A question comes to mind when we're talking about this. For example, I have a visa and I come here to the US And I buy a house, and then I go back to my country. And then when I want to come back and visit, my visa doesn't get approved. So now I don't have a visa. I have a house in the US But I live somewhere else.
What.
Are there any specific things that could happen that someone will take the house away from them besides not paying their mortgage?
[00:08:18] Speaker B: Yeah. So those are not paying your taxes. Your legal status does not affect your ability to retain that ownership of that home.
It's are you paying your mortgage? Are you paying your taxes? And hoa, which is something that sometimes people do forget. Right. So if that person cannot enter the United States, unfortunately, because that visa was denied, they need to make sure someone else is maintaining that property. Sometimes we see this with people that are renting and so they have to rely that the renter is maintaining the property. You're in an HOA community, so you have to have someone else eyeing physically the property to make sure that you're making those requirements under the hoa, Those are the scenarios in which, yes, the person could potentially lose their home if they're not meeting, aside from not paying your mortgage if you're not meeting the HOA requirements.
[00:09:03] Speaker A: Exactly. But it's not because you're not a US citizen and it's not because you didn't get your VISA approved.
[00:09:07] Speaker B: Exactly.
[00:09:08] Speaker A: Just to make sure we clarify, if you have a property, I always talk to my clients, clients who are from out of the country, and they want to buy a property that they want to have the possibility to rent out in case they don't come back or if they're away for too long. One of the things that Jamila mentioned that is really important is the hoa, which is a homeowners association. There are certain places in which they do not allow you to rent. So that is something that I always look at at the beginning. And you should as well. If you're buying a property, if you want to have the option to rent it, that the homeowners association or HOA you is going to allow you to actually rent it. If not, you can still keep it. But now you have to pay the mortgage instead of renting it and having somebody else pay the mortgage for you.
[00:09:48] Speaker B: And worst case scenario, right, you may have to sell the property, right?
[00:09:51] Speaker A: Yes.
[00:09:52] Speaker B: But guess what the beauty of it is you get to sell it and you get the profits of that. The proceeds.
[00:09:57] Speaker A: Exactly. If you find a good agent like me.
[00:09:59] Speaker B: Yes, exactly.
[00:10:00] Speaker A: I'm kidding, but no, but I'm not.
So can someone buy a home without a green card? And where do people usually get misled on that point?
[00:10:09] Speaker B: Yeah, someone can absolutely buy a home without a green card. As we mentioned, they get misled on the financing side. Right. They may only go see one lender or they may not be working with an agent. That's why it's so important your agents know what they need to look at for a specific buyer or seller. And so sometimes the biggest myth is I talked to my bank and they said no, they wouldn't be able to lend to me. So the doors are foreclosed. No, that's why it's important to speak to professionals.
[00:10:36] Speaker A: Exactly. And if one lender says no, it doesn't mean that another one will also say no. And that's one of the things that when you talk to a professional who has been helping people in this specific situation, they will have the contacts for you so that you can talk to a lender who does those kind of programs. So on this first segment, what we want you to understand is if you are not a US citizen, yes, you can buy a house.
No, they cannot take it away from you unless you do not pay your mortgage taxes or, or homeowners associations, whatever regulations they have. So there's going to be no problem with that. And yes, there are financing options for you to be able to buy a house if you're not going to just buy a cash. So make sure you stay tuned because we are going to talk about other very important elements we are going to talk about on the next one.
I'm getting into the part that changes everything for your families, which is financing. Right. We're going to talk a little bit about that because owning may be possible, but qualifying is where the conversation becomes very real. We'll be right back. Stories, strategies and inspiration to help you write your next home chapter. This is Home Story with Veronica on NOW Media Television.
[00:11:47] Speaker B: And we're back.
[00:11:48] Speaker A: I'm Veronica Dinkerez and you're watching Home Story with Veronica on NOW Media Television. Let's jump back into today's conversation.
Welcome back to Home Story with Veronica. I am here with the gorgeous Jamila Espinosa. And now I want to move from legal ownership to the part that usually creates the most panic, which is the mortgage process, the lending. Because this is where so many people hit a wall. They may hear that buying is legal, but they still do not know whether a lender will approve them, what documents they need, whether an ITIN is enough. We'll explain what that is or how recent lending changes affect their options. Like we said on the first segment, and this matters even more now because FHA changed the residency rules in 2025. FHA is a type of loan while Fannie Mae and Freddie Mac still allow certain lawful permanent and non permanent resident borrowers under their current guides.
Now this is a segment where I make the episode practical. So HUD's 2025 mortgage letter narrowed FHA eligibility to US citizens, lawful permanent residents and certain citizens of the freely associated states. While the conventional market still permits qualifying lawful permanent and non permanent residents under agency rules. That means the answer is no longer just yes or no. It's it is which program, which status and which documents. So I know that's a mouthful. We are going to explain everything. So the first thing I want to make sure that people understand is that they can qualify a loan, like I mentioned before, with an IT number. Can you explain real quick what that means?
[00:13:29] Speaker B: Yeah. An IT number is for those that do not have the benefit of having a Social Security number.
Many don't know. But whether you have legal status or you do not have legal status in the United States, you are required to pay taxes on any money that you earn here.
[00:13:42] Speaker A: Uncle Sam wants money.
[00:13:43] Speaker B: Uncle Sam always wants his money. Yes, that is an individual tax identification number. And so that is a number that you have to obtain from the Department of Internal Revenue. And that is what you will use to file your taxes in lieu of having a Social Security number.
[00:14:00] Speaker A: Exactly. And you can qualify for loans with that number because I've done it countless of times for my clients. So first thing out of the way. All right, now let me start with the fear that people feel immediately. Can someone get a mortgage today without a green card? Or does that depend entirely on the loan product?
[00:14:16] Speaker B: So they still. It's definitely not a yes or no. Right. It really will totally depend on, on the loan product, on the lenders. The federal government has become more restrictive. The political climate has changed on how the government wants to provide lending to those that do not have lawful status or do not have a permanent status in the United States. And that's what we're seeing right now, that it really depends on the lender product.
[00:14:40] Speaker A: Yes. And one of the biggest changes that we saw of course as Realtors as well was the FHA that they stopped being able to provide that product. And FHA is just a type of loan. You're typically going to have a conventional loan and FHA loan, FHA is backed by the government.
So that one.
[00:14:54] Speaker B: Yeah. And it was unfortunate because it was, it was a great loan in which many first time home buyers were able to benefit from many. However, we have great realtors like you that have now pivoted and have continued to work and figure out what are other ways in these same individuals that were eligible before for under the fha, what other products are available to you?
[00:15:15] Speaker A: Yes, exactly. And let me tell you, we're not going to get into this because it's a whole different episode. But you can qualify for a loan based just on your bank statements. You can qualify for a loan just based on the house that you're going to buy. You don't need to provide your income or anything like that. There's so many options.
So make sure that you connect with the right person that can guide you to the right lender. But anyways, that was a side note for visa holders. Specifically, what financing path still exists right now that people may not realize are available?
[00:15:44] Speaker B: So there's still a slew of financing paths through different lenders. We have lenders who have decided, realizing that there is this whole net worth of individuals, that migrant community tends to save. They save a lot, they work really hard. And so there's a lot of lenders that have pivoted and decided, well, you know what, this is a niche that I should focus on. Because these individuals, like you said, can show right on paper, that they have this net worth, they have the funds, and that they're low risk, they're going to make their mortgage payments. And so there's still a slew of different lender products that they can benefit from, but they have to make sure they're speaking to the right people.
[00:16:23] Speaker A: People. Yes, they absolutely do. And one little tip. You said they save a lot.
[00:16:28] Speaker B: Yeah.
[00:16:28] Speaker A: Save it in your bank account, not under your mattress.
[00:16:31] Speaker B: Yes, very true.
[00:16:34] Speaker A: Lenders do not like cash. They cannot use cash because they don't know where it came from. They have no record of it. They don't know how long you've had it. So just a little tip that I wanted to say.
[00:16:44] Speaker B: You should be saving in your bank account.
[00:16:46] Speaker A: Yes, please.
[00:16:46] Speaker B: You have to be able to show. That's part of the documentation.
[00:16:49] Speaker A: Yes.
[00:16:50] Speaker B: So just being able to show a pile of cash, it's not showing them where it's coming from. Right. Is that a gift? Who gave it to you? Is it from illicit means?
[00:16:57] Speaker A: So, like, how did you make that money? That's the biggest question. Yes. I've had so many clients having to, you know, have the cash. Yeah. Then they had to put it in their bank account, and then they had to wait at least 90 days for the bank to see that the money was there for 90 days.
[00:17:13] Speaker B: So just, please. Yes.
[00:17:15] Speaker A: Cash days are over, my friends. Put it in a bank account. All right. Where do ITIN borrowers fit into this conversation? And what should viewers understand about buying with an ITIN instead of a Social Security number?
[00:17:27] Speaker B: Well, wait. What they do have to understand is there might be more documentation needed. Okay, Right.
Because the lenders are seeing it, there's still a risk. Right. You have an uncertain legal status in their eyes, and so they want to make sure that if you do have legal status, if you have a visa, how long is it good for? They want to see that documentation. When we talked about banking, they want to see those bank records. They want to see the longevity that you've had in your work history. Because all of that is going to show them. Okay. Yes. This person might be a little bit of a riskier person to lend to because they don't have permanent residency in the United States. And that's what the ITIN triggers. Right. When you're using an itin, you don't have a Social Security number. That's that red flag for them. But it does not mean that you're ineligible. It just means that you may require some more documentation.
[00:18:16] Speaker A: Exactly. And different type of loan programs. That's really all it means because.
[00:18:20] Speaker B: Because other than that, you qualify. We have plenty of individuals. Like I said, many, many, many of my clients are home buyers and they have done it with itunes. Yep.
[00:18:28] Speaker A: And I've helped so many people with just ITIN numbers.
[00:18:31] Speaker B: Absolutely.
[00:18:32] Speaker A: Now, what exactly changed? Are you familiar with what changed with FHA in 2025 for non resident permanents? And why was that such a major shift for immigrant buyers?
[00:18:42] Speaker B: Yeah, it was a major shift. Well, first, it basically limited who they will lend to. They will only lend to US citizens or permanent residents.
And so for immigrant buyers, this was a great means for first, especially first time home buyers that foreclosed those doors.
[00:18:57] Speaker A: Right.
[00:18:57] Speaker B: And so now they had to start looking at other lenders. And so there was a shift because the FHA process was something that was more widely understood in the community. The migrant community tends to rely a lot on each other, aunts and uncles and friends. And so it was a process that they were familiar with.
[00:19:14] Speaker A: Yeah.
[00:19:15] Speaker B: Now it's a little bit more difficult in the sense that they have to familiarize and familiarize themselves now with other lender products. Again, you have to go back to the experts. They're the one that have already done that homework for you.
[00:19:26] Speaker A: Yeah, exactly. And they'll tell you, they'll give you the options, they'll look at your information. It's very important that you provide your information. This is not a one program fits everybody. They have to look at whatever it is that your information is so that they can actually give you a personalized answer on what lending programs you can qualify for. I know that for the immigration community, that's a little bit hard because it can be very different where we come from. Yes, right. The process of buying a house can be completely different.
So when they come here and this, you know, lenders are asking them, give me your bank statements, give me your pay stubs, give me what I have in the bank. I need to know everything. Well, why do you need to know so much? Because they're going to base their decision to give you money or not on that information.
[00:20:08] Speaker B: Absolutely.
[00:20:09] Speaker A: So what do you recommend people, when they talk to a lender or a real estate agent is asking them all their questions or have you had any of your clients give you any feedback on that?
[00:20:18] Speaker B: Yeah. So it's always honesty. So sometimes people don't want to be totally upfront or honest.
Sometimes they're also interviewing their realtors. They feel like they're getting to know their realtor. And so why does the realtor have to know so much about Me, I may not know much about them.
[00:20:34] Speaker A: Yeah.
[00:20:34] Speaker B: They may not have built that trust yet to be willing to give you that information.
[00:20:38] Speaker A: Yep.
[00:20:39] Speaker B: But when you are speaking to a professional, you have to give them all the information. It's the same thing that I deal with in my practice. Right. I can only help you with the information that you're providing me. So the very first thing is give your realtor or your tax professional all the information upfront. That's how they're going to best be
[00:20:56] Speaker A: able to advise you, especially your immigration attorney. Yeah. Make sure you give your immigration attorney all your information.
[00:21:03] Speaker B: Yes.
[00:21:04] Speaker A: Now, when a non citizen buyer walks into the lending process, what documents do lenders usually want to see before they take the application seriously?
[00:21:12] Speaker B: They want to see that documentation on do you have the ability to make the payments? Right. So they do want to see that. What, let me know, how much money do you really have? Right.
Especially Right. You, they don't want you to waste their time either. They want to make sure that you're eligible. Right. And so time is money. And so they want to from the very beginning know that you're going to be able to afford it, be able to document it. Again, what we talked about, it may be that it's going to take longer. Right. Because you have cash, it now has to go in the bank. Those are those things that they're going to be looking at. So that documentation will be bank statements, work history, how long have you worked somewhere, your W2, your tax filings, very, very important.
So those type of financial documentations and identity documents. I need to make sure that you are who you tell me who you are.
[00:22:00] Speaker A: And what's one thing the lender is not going to ask you for? Cash.
[00:22:03] Speaker B: Yeah, absolutely.
[00:22:05] Speaker A: Again, no cash. Put it in the bank. Now I know that sometimes either real estate attorneys or lenders, you directly as an immigration attorney to help them with the process of the lending and everything. What type of documents do you usually help them with in that process?
[00:22:19] Speaker B: Yeah, so many times. And especially this happens a lot in the underwriting process. Immigration is very complex and so sometimes we're there all the way almost towards closing and they're like, oh no, I got to call an immigration attorney. Because the underwriter needs to fully understand what your legal status is.
[00:22:35] Speaker A: Yes.
[00:22:36] Speaker B: Especially those that are not U.S. citizens, you're not permanent residents. Now the lender says, I need to see your work permit. Maybe your work permit is expired, but under regulations that document has actually been auto extended, which is a common thing that I see. And so Very often what we see is we have to explain to the lenders, the underwriters, this is this person's legal status and back it up with documentation. So what I am trying to look at and then provide is, is their legal status and clearly articulate how it is that this individual can legally work in the United States.
[00:23:13] Speaker A: So and right before we go on a break, how can people contact you if they want any immigration law advice?
[00:23:19] Speaker B: Yeah, absolutely. You can look at us, look us up at Espinosa law and it's ww.espinosafirm.com and my hashtag on socials is Vogada in vivo.
[00:23:30] Speaker A: Beautiful. All of the information is on the screen as well. Make sure that you contact her if you have any questions. And we're going to be right back. Stories, strategies and inspiration to help you write your next home chapter. This is Home Story with Veronica on NOW Media Television.
[00:23:47] Speaker B: And we're back.
[00:23:48] Speaker A: I'm Veronica Dinkerez and you're watching Home Story with Veronica on NOW Media Television. Let's jump back into today's conversation.
Welcome back to Home Story with Veronica. I wanted to make sure that you all really got the information of how to contact Jamila Espinosa because, because again, I have seen her live in action, working in immigration court, working with her clients and she's absolutely amazing. So if you're anywhere in the Charlotte, North Carolina area or if you work on any other areas, please let me know. How can people contact you when they need immigration law assistance?
[00:24:21] Speaker B: Yeah, they can look us up online at Espinosa Law on my website espinosafirm.com and my hashtag for my social medias are vogadainvo.
[00:24:30] Speaker A: Beautiful. And what kind of services do you provide exactly?
[00:24:32] Speaker B: We provide any type of family based immigration. So that's anyone trying to bring a family member in, deportation defense, anyone that's possibly being removed from the United States, religious visas, employment visas, a little bit of everything related to immigration.
[00:24:46] Speaker A: Awesome. Contact her. She's absolutely amazing. All right. Now we've talked about ownership and financing with Jamila Espinosa. Now I want to move into a side of the conversation that almost never gets explained clearly on television. What happens when a non citizen or foreign owner sells US real estate? This is very important.
This is where things can get expensive real fast. People hear the word firpta this. It's a funny word. Yeah. So it's an acronym for. I'm not even going to try to say what it's for but it's F, I, R, P, T A. Please look it up if you don't know what it is. And they hear 15% withholding and suddenly they are confused about whether that money is gone forever, whether the seller or the buyer is responsible, and whether a delayed tax step can blow up the whole closing. So under IRS rules, when a foreign person disposes of a US Real property interest, Firpta withholding, which is a tax withholding, can apply in many cases. The buyer is the party with the immediate withholding responsibility. And the common withholding rate is. Is 15% of the amount realized is the seller. Right. Not the buyer. The one that's responsible is the seller. Let me correct that. That's wrong. So when you sell a house and you're not a US Citizen, you can be responsible, the seller, not the buyer, for 15% of the actual gain. That extent that this distinction matters enormously because viewers often think that the law automatically takes 15% of their profit forever, which is not exactly what the rule says. So, Jamila, let's start with the top. Can a non US Citizen legally sell a home in the United States just as they bought one?
[00:26:31] Speaker B: They can. They can sell it. But as you mentioned. Right. They have this 15% withholding, which is what scares many people. Oh, no. It will deter them sometimes from purchasing because they think, maybe I only want to live here so long. I know in the future I'm absolutely going to sell. I don't really want to buy if I'm going to be hit with this 15% tax, but there's a lot that goes into it.
[00:26:52] Speaker A: Yep.
[00:26:52] Speaker B: So you should not let that deter you.
[00:26:54] Speaker A: Yes. And I know there's limitations on, and I don't know how familiar you are with this or if this is a real estate attorney conversation. Please correct me if this is not a question for you. I know that there's limitations on how much the amount of the sale is for.
I believe it's 300,000. That's when it triggers the 15%. And below 300,000, it won't.
[00:27:14] Speaker B: It won't. Exactly.
[00:27:15] Speaker A: Okay.
[00:27:15] Speaker B: And so that's why it's really important to not let it, you know, deter you from purchasing or then selling. Because people hear 15% automatic, and that's a myth. It's not necessarily automatic. But that's when we have to go back to the professionals, right from the very beginning. Talk to those tax experts, because even if you are going to be hit with this 15%, there may be other means in which you'll be able to reduce that in other ways.
[00:27:38] Speaker A: Exactly. Now, people hear Firpta and Immediately panic. In simple English, what is Firpta actually doing in the real estate sale?
[00:27:46] Speaker B: In the real estate sale, it's making sure, like we talked, Uncle Sam is
[00:27:49] Speaker A: getting the Uncle Sam, always Uncle Sam.
[00:27:51] Speaker B: Uncle Sam wants its money. It's going to withhold 15% to ensure that they are then the federal government is then paid. That's the most simplest terms, but again, it's not 15% automatic. There is other ways that we can look within the law to make sure that it can be reduced. Reduced in other ways.
[00:28:08] Speaker A: Can you talk a little bit about what other ways could be possible to reduce that or what have you seen? Maybe. Yeah.
[00:28:14] Speaker B: So working with tax experts, sometimes there might be other ways within in other properties you have or things like your net worth, things that you may have in your portfolio already that are going to be able to reduce that tax debt.
[00:28:27] Speaker A: Yes. And that's why having a dream team is amazing. Because if you ask Jamila this question, she's going to connect you to a tax professional as well. I would do the exact same thing. And all together we put together the dream team so that you get the best advice that you need in every field and in every part of that transaction.
[00:28:44] Speaker B: Yeah. And sometimes something that we don't always talk about, like how do you choose these individuals, which I know is a little bit different, but this is why it's really important from the beginning to have that trust. And if your realtor, Right. Or your immigration attorney says they know it all, right. They know every area of the tax law or they know every area of immigration, that's sometimes a red flag. You have to rely on others.
But that's what makes sets that professional apart from others, is that they do have a dream team. They will tell you, I may not have the answer, but I'm going to get it for you and make sure it comes from a professional that knows the what they're talking about.
[00:29:16] Speaker A: Exactly. I look at it this way. We all have different licenses, we all had to get different trainings, we all have to keep an education on certain subjects. I don't have her license, so I'm not going to advise you on what she can advise you and vice versa. So always make sure that you talk to somebody who has the dream team for you because you got to talk to the expert.
[00:29:35] Speaker B: I would never buy my own home without a realtor.
[00:29:37] Speaker A: Right, Exactly. And I would never do my own immigration case without an attorney.
Please don't ever do that. I've seen it so many. Don't do it. Okay, we digress.
Just don't do it.
[00:29:48] Speaker B: Call Jamila.
[00:29:49] Speaker A: When people say you lose 15% at closing, what are they wrong about?
How that withholding actually really works.
[00:29:57] Speaker B: So it's on the gross profit of the, of the transaction, and sometimes they think it's everything. Right. And so that is what will be like, wow, that's a really big number.
And it's inaccurate. And so that's why, again, looking back at those tax professionals, why it's so important they'll crunch those numbers. They'll make sure exactly what it is. It's going to be withheld from the very beginning so that you're not surprised or, you know, you're. Sometimes people are relying on this sale maybe to purchase another property. And so you want to make sure that you know exactly what is going to be withheld, but it is in the gross profit of the, of the transaction.
[00:30:31] Speaker A: So let's explain that. So, for example, if I have a property that is $300,000, let's make it simple. $500,000 that I'm selling and my gross profit, what I'm actually keeping, is $100,000, the 15%, will it be on the 500,000 or on the 100,000 that I'm earning?
[00:30:48] Speaker B: On the 100,000 that you'll be earning.
[00:30:51] Speaker A: Okay, so it's not 500,000. Yes.
[00:30:54] Speaker B: It's not on the bigger number. It's actually on the smaller number.
[00:30:56] Speaker A: Finally, thank you, Uncle Sam.
[00:30:58] Speaker B: Yeah, thanks for that tax break.
[00:31:00] Speaker A: Thanks for that. Now, who is considered a foreign seller for tax purposes? And why is that definition so important before a property ever hits the market?
[00:31:11] Speaker B: So who's considered a foreign seller are those individuals that are not U.S. citizens. Those individuals do not have permanent status. And it's really important before you list it because we want to make sure that you understand those numbers. You need to understand how much is going to be withheld. And you don't want to be in a scenario like the example I gave is you are relying on this sale to purchase other property, or you're relying on this sale because actually you want to return home abroad. And so you are looking for, you know, certain amount of money. Your realtor needs to understand, right. That you're going to be hit with this withholding. And so how do we. How do we have to price it and make sure all of that is considered before you're listing it?
[00:31:50] Speaker A: Yes. You know what's funny? I'm thinking of one experience that I had with a couple of clients, and I asked them what their status was, and they were so insulted.
And I said, okay, this is not. This is not a question of judgment. I don't care.
It's a question of I need to know what your numbers are going to be in the end and that your status will determine that question. Actually, they added that now on the forms that we have when we do an agreement to represent somebody as a Realtor. That is one of the questions. And I think the regulations did that because there were so many people who were not asking that question because they were afraid to insult somebody. And then when the time of the sale came, this 15% surprise came over and people were shocked. And that is something that we should have known upfront.
[00:32:37] Speaker B: Absolutely. So again, it comes with making sure that honesty. Right. Yes. Making sure, for example, there is individuals who right now might have work authorization, but it's going to expire at a certain point.
[00:32:50] Speaker A: Yeah.
[00:32:50] Speaker B: Making sure your Realtor understands that and knows that is really, really important.
[00:32:54] Speaker A: Absolutely. So please don't be insulted when the professionals that you're working with ask you this question. There's a reason why we're asking it. We actually want to protect you and make sure that you have all the information up front and not what you're sitting at the closing table thinking you were going to get $100,000 and now you're going to get $80,000 or whatever.
[00:33:11] Speaker B: The amount of money is going all to Uncle Sam. We need you to know from the very beginning.
[00:33:15] Speaker A: Exactly. Now, what should a seller do before listing the home so there are no surprises, delays, or documentation issues at closing? When you're selling and you're not a U.S. citizen.
[00:33:25] Speaker B: Really important to have all those identity documents.
[00:33:28] Speaker A: Yeah.
[00:33:28] Speaker B: Passports on. They have to be unexpired. If your passport is expired.
[00:33:33] Speaker A: Yes.
[00:33:33] Speaker B: That's going to be a hiccup. And so you need to make sure that any identity documents, passports, your documentation with immigration originals, they have to be able to see the originals if that's what they asked for. Having a copy and you've lost the original. We know the government can be very difficult to deal with and try to replace it.
So ensuring that if you have a lawyer, they are able to provide you with originals. But your identity documents and again, your bank documents are going to be really,
[00:34:00] Speaker A: really important when you go to a closing table, the real estate attorney will not allow you to sign if you cannot show documents that are not expired.
[00:34:09] Speaker B: Yeah.
[00:34:10] Speaker A: You're 100% right. And it can be any document from your country. That's totally fine. It needs to be government issued, correct?
[00:34:15] Speaker B: Yep. Government issued.
[00:34:16] Speaker A: Yes. And it cannot be expired. So make sure that you please know that for the closing, it doesn't need to be a US Document. It can be a foreign document from your country, but it needs to be valid.
[00:34:26] Speaker B: Yep. It still has to be current.
[00:34:28] Speaker A: Yes. Now what is the most common mistake that you see non citizen or foreigner sellers make? When they assume the closing agent or someone else will handle everything automatically, Assuming
[00:34:39] Speaker B: that they already have identified every tax issue, assuming that they understand any nuance area that's related to your immigration status. It's really, really important that you ask the questions. And so sometimes even on the immigration side, people will say, well, immigration accepted my, my, my application.
Why did they accept it, take my money and not advise me. Right. So it's still up to you to make sure you're asking the right questions, making sure that you're dealing with the right experts.
And so assuming that they've already looked at all the tax implications, don't do that. You have to ask those questions. And if your Realtor has not already advised you to see a tax expert, you have to take the initiative and do it on your own.
[00:35:24] Speaker A: Absolutely. Now coming up on our final segment, we are going to widen this conversation beyond homeownership and into everyday housing life, renting, landlord policies and what immigrant families need to know about fair housing rights.
We'll be right back. Stories, strategies and inspiration to help you write your next home chapter.
This is Home Story with Veronica on NOW Media Television.
[00:35:51] Speaker B: And we're back.
[00:35:52] Speaker A: I'm Veronica diqueres and you're watching Home Story with Veronica on NOW Media Television. Let's jump back into today's conversation.
Welcome back to our final segment of Home Story with Veronica. We've talked about buying, financing and selling with Jamila Espinosa, immigration attorney. And now I want to end with something that affects an even wider audience. Renting. Because we know a lot of people are renters because not every family watching is ready to buy today. Many are renters right now. Many are trying to protect stability for their children. Many do not know what a landlord can legally ask, what documents can be required or when a housing policy crosses the line into discrimination. And this is exactly where fear keeps people silent when they need information.
Now federal fair housing protections still matter in renting, buying, lending and other housing related transactions. HUD states that the Fair Housing act protects people in renting and buying. And fair housing groups continue to warn that asking about immigration status or citizenship or refusing to rent based on those issues can trigger national origin discrimination concerns depending on how those policies are applied. The key issue is not just whether a landlord asks for documents, but whether the standards are lawful, consistent, and applied without discriminatory targeting. Now, Jamila, let me start with this question many families are afraid to ask out loud. Can an undocumented immigrant legally rent a home or apartment in the private market?
[00:37:31] Speaker B: Yes, absolutely. It's how many. Right. Initially are able to do so, and when they first arrive to the United States, they have to rent. And they can rent from a normal apartment building, like you would see.
[00:37:41] Speaker A: Yeah.
[00:37:42] Speaker B: Sometimes they rent from other families, but they can absolutely rent in the private market.
[00:37:46] Speaker A: Awesome. Any limitations whatsoever just because of your citizenship status or immigration status? Immigration status.
[00:37:54] Speaker B: So the limitations can come in on what the actual landlord is required. Requiring.
[00:37:59] Speaker A: Okay.
[00:37:59] Speaker B: So if the landlord. And we'll touch on this a little bit later. Okay. But if the landlord requires a Social Security number, that is not discriminatory if they ask it of every single applicant. Okay. That can be a hindrance for immigrant families that may not have a Social Security number.
[00:38:15] Speaker A: Okay. And then, I mean, they'll require that to check your credit, your payment history.
That's very normal. Yeah.
[00:38:21] Speaker B: Yep. And so that is something that is not discriminatory. If it's asking of everyone that was
[00:38:26] Speaker A: to apply, but not just because your name is Blah.
[00:38:28] Speaker B: Exactly. Which we unfortunately have seen that in our communities where they will ask only some applicants for their Social Security number and not others, that's when we get into the discriminatory.
[00:38:38] Speaker A: That's discrimination.
[00:38:39] Speaker B: Okay.
[00:38:40] Speaker A: Now, when lenders ask for documents, where is the line between legitimate screening and asking for different paperwork from immigrant applicants in a discriminatory way?
[00:38:51] Speaker B: Yeah. So like, when we're looking at identification, they want to make sure that you are who you say you are and you provide an unexpired passport, which you can use in lending, you can use right in the bank. You can use many other areas.
And they say, no, you know what? I now need another identification and another identification. And they keep moving the goalpost of what is required of you. That's where you're getting into discriminatory practices.
[00:39:14] Speaker A: Okay.
[00:39:14] Speaker B: If they have a sheet that says everybody that applies, this is what's required, an unexpired identification. I need to see credit history, need to see employment history, and it's asked of everyone.
Sufficient. Right.
[00:39:27] Speaker A: Yeah.
[00:39:28] Speaker B: But if they move the goalpost simply because of how you look or what your name is, that's when we're going into a territory that is illegal.
[00:39:37] Speaker A: So if you are applying for a rental property, whatever it is, and you give them your Valid documentation. And then the lender starts saying, well, now I need this. Now I need this. Now I need this.
[00:39:49] Speaker B: This.
[00:39:49] Speaker A: That's when a red flag comes out, right?
[00:39:51] Speaker B: That is a red flag. Okay. Because in your application, they typically give you the application from Inception. This is everything I need from you. You provide everything that they required.
[00:40:01] Speaker A: Yeah.
[00:40:01] Speaker B: Now they're moving the goal post that. Now I need not only a letter that shows how much you make and your W2s, but now I need two years worth of bank statements when your W2 clearly shows what you earned in the previous this year. Yes, those are things that are red flags.
[00:40:16] Speaker A: And what do you recommend people do when that happens to them?
[00:40:19] Speaker B: When that happens, we have, for example, here, where we're located, we have great organizations like nonprofit organizations, and this throughout the United States, we have them legal aids. So there's awesome organizations like Legal Aid where you can call and you can ask, hey, this is a scenario that I have. Is this illegal or not? Reach out to a lawyer. Right. And so there's also nonprofits that do tenant housing. They might do it at lower cost, speaking to a lawyer, but making sure that you are contacting someone in your community that deals with housing and giving them the examples of what's happening to you will help them determine if that's discrimination. Okay, perfect.
[00:40:57] Speaker A: And in real life, what does housing discrimination actually look like for immigrant families? Not in theory, but in the way that it happens on a day to day basis.
[00:41:05] Speaker B: Yeah. So in our communities, what we see is that they can only really live in certain areas. Areas.
[00:41:11] Speaker A: Okay.
[00:41:12] Speaker B: So even in our communities, people will say, oh, there's a large migrant population that lives there. And a lot of times the reason you see that is because the landlords in other communities require Social Security numbers. They do not want migrants living in their communities. And they know sometimes this is something that is not discriminatory. If I ask for everyone, because I could be looking for a background, excuse me, a background check, or I am looking at your credit history. And so it's not discriminatory, but we have seen that it's also used as a deterrent to have immigrant families. So day to day, it could be the communities that are built up. And unfortunately, sometimes landlords do not take the best care of those communities because they know that the migrant families have to live here. They don't really have another option. And they can charge higher rents knowing that they really don't have ways to go to another place.
[00:42:03] Speaker A: And again, if that happens to somebody and they want to, you know, Speak out for themselves and seek out, protect their rights.
Do you recommend they do the same thing legally?
Yeah.
[00:42:14] Speaker B: And so. And you don't have to be always your voice. Right?
Contacting, like, legal aid, contacting a lawyer, those individuals, lawyers. We are your voice. And so that's why we want people to understand that you don't have to do it alone. And what you're going through is probably something that many other people are going through. Taking that first step might help a lot of people in your community.
[00:42:35] Speaker A: Absolutely. Okay, now, if a tenant feels targeted, denied unfairly, or treated differently because of a language background or perceived status, what should they do next?
[00:42:46] Speaker B: They need to document it. Right. Because we don't want a scenario where it's the landlord's word against the tenant's word. You want to have documentation. So if you're living in unsafe housing conditions, taking pictures, documenting how many times you've contacted the landlord, documentation. Sometimes we really just want to pick up the phone and say, hey, you know, this is what's happening. But it's much more difficult for you to be able to present your case that you actually, you know, showed your grievances to the landlord, put it in writing, even if you talk to them in person, put it in the email. Right. Write them a letter and send it certified. So those are the very first steps that you want to take to be able to show that this is what's happening.
[00:43:25] Speaker A: Yeah, I actually did that myself. It's funny. It wasn't because of a discriminatory issues. We were having issues, and I could tell that it was going nowhere. And I did a paper trail. I sent emails, I sent certified letters. And then when it came to actually being able to get my money back and leaving before the leads was done, I. They didn't even fight me back because I showed them. This is all I have. This is all the communication, everything I've tried to do. And you've done nothing.
So this can be applied to this as well.
[00:43:51] Speaker B: Absolutely. Really helpful because those are scenarios, too, in which maybe you're not being discriminated against, but they're not maintaining the property as they're required to do. And if you decide, hey, I'm going to quit my lease early, you're going to be hit on that.
[00:44:06] Speaker A: Right.
[00:44:06] Speaker B: You're going to have to continue to pay that, but if you document it in the appropriate way, it's possible that, no, you are able to break your lease because they did not meet the requirements that they were supposed to meet under the contract.
[00:44:17] Speaker A: Exactly. This is exactly What I did. So if I did it, you can do it.
[00:44:20] Speaker B: Yeah.
[00:44:21] Speaker A: What do you most want landlords, leasing agents and property owners to understand so that they do not cross fair housing lines without realizing it?
[00:44:31] Speaker B: Ensuring that whatever things you are implementing, whatever the procedures are for someone to rent in your property, you're applying it to everyone. It's the same standard, no matter what it is. And this is also, we think of discrimination just on sometimes our appearance. Or maybe people might think that we do not have legal status, but it could be people that have children. Right. This might be a landlord that says, I really don't want children. I mean, yes, the law does allow landlords to say, no pets. There's no pet policy. Or you have to pay additional for a pet. Right. And there's other reasons for that because it's maintaining the property. But things like, I really would prefer a family that only had one child. You have to make sure that you are not doing things like that. You cannot limit. Because everybody needs a place to live. Right. That is not a privilege. It's a right. We have to have fair housing. And so ensuring that you're applying everything fairly to everyone and having it written down. Yes. Right. You have to have something in writing because that is what's going to protect you from someone saying that you've done something in a discriminatory way.
[00:45:37] Speaker A: Document everything and please just treat people fairly.
[00:45:41] Speaker B: Yeah, it's really important. I think that sometimes landlords, you know, they want to maintain their properties, they want good tenants. It's expensive.
But on the flip side, you have a tenant that wants to live somewhere safely.
They want to be able to live in peace and quiet. And so you want to work in harmony. You want to have a good relationship because you both really need each other. And so making sure that you're respecting each other. And if there is disputes between a landlord and a tenant, the best way is to communicate it and always have that in writing.
[00:46:14] Speaker A: Yes. Now, Jamila, this has been so important. Can you please once more just tell everyone where they can connect with you? Follow your work and search for Espinosa Law for guidance.
[00:46:24] Speaker B: Yes, you can contact us on our
[email protected] you can find me on social media Boogada in Bivo and you can reach us at 704-210-8200.
[00:46:36] Speaker A: She's amazing. I'll say it one more time now. Jamita, thank you so much for joining me today. This was such an amazing show and so informative.
What I appreciate the most about this is the conversation is we replaced fear with clarity. Today we broke down what non citizens can and cannot do in the US housing market. What changed in the mortgage lending, why firpta catches so many sellers off guard, and why housing rights still matter for immigrant families who are renting and trying to build stability. The Fair Housing act covers renting, buying, mortgage lending and other house related activity and HUD continues to frame these protections as a core part for fair access to housing. So to everyone watching, do not make housing decisions based on rumors. Ask questions early, get advice from professionals, get the right legal and lending guidance. And remember that clarity is power, especially when your family's home and future are on the line. I am Veronica and this has been Home Story with Veronica. We'll see you next time.
