Monday, December 7, 2009

Contract For Deed. The next big thing?

Can't qualify for a mortgage = can't buy a home? Maybe or maybe not.

Consider how the changing real estate market place has been trending back to 20 years ago in many of the "new ideas". I think that Contract for deeds will become another driving force in home sales for the next few years or more.

In order for a contract for deed to be an option, typically the seller has to own the home free and clear. If there is a mortgage that is currently on the home the buyer and seller must be aware if there is a "due on sale" clause in that current mortgage. Because a contract for deed is considered a sale, that can trigger the due on sale clause. In this case the bank will demand full payment of the mortgage at the time of sale. In a situation like that a contract for deed would not work. This should not be confused with an assumable loan.

The possibility of the contract for deed becoming yet another way to buy and sell real estate has a lot to do with the current market as well as all of the baby boomers that are now heading into retirement.

On the sellers side, they would get an amount as a down payment which would free up some cash and in essence they the seller becomes the bank. They are making interest on the payments the buyers make and still hold a stake in the home until the contract for deed is paid off. You can even agree that the contract for deed will last for 5 years and at that time, the buyer will re-finance and pay off the balance to the seller. So there is a lot of freedom for both sides.

On the buyers side, there is no qualification for a mortgage, no origination fee and the interest rate is negotiable between the sellers and the buyers. It will help buyers who have good steady jobs, a good down payment but also might have a few dings on their credit. They can get into a home sometimes years before they could with a traditional mortgage.

So before you give up trying to buy a home because of credit issues or list a home for sale without having all the options, speak to a professional agent who can help you. As always make sure to consult an attorney to answer all of your legal questions as well as your tax professional regarding the impact of any financial decision you make.

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Friday, December 4, 2009

Why a marked up title commitment can save you when buying a home.

A marked up title commitment or (marked up title binder) is something most people have never heard of. If you are a buyer it is something you want to know about especially when buying a foreclosure or short sale.

This document is something the buyers closer does before the closing that tells the title company what items in the title search will remain on the owners policy and be covered as well as the items that will be removed and not covered. If you take anything away from reading this it should be that in the state of Minnesota you as a buyer have a right to choose your own title company. Do not think you have to use the sellers or banks title company. You want someone who is in your corner protecting your interests.

By asking for this document at closing you will know what is going to be covered such as easements and other things. Gap coverage is probably the most important thing you want. When the title work is pulled before the sale that is the 1st date on the policy so you as the buyer are covered until the county records the deed in your name. The period between those two dates is the gap. On average most counties are running about 6 months behind in their recording, some more some less. If you call them they will tell you they are up to date but most are not. You want coverage during this time as well because this is when most problems can arise. An example would be lets say the seller took out a loan on the home two days before closing and it didn't show up in the title search. Without that coverage you would have to deal with that bank because it would not be covered by the policy. With gap coverage it would be covered and the title insurance would have to deal with it.

This is why a good real estate agent will help to get this for you when you are being forced to use a title company not of your choosing. It is also another piece of information to help you in the event that a problem does come up. If that title company closes its doors the only way to know who the policy is insured by is to have this kind of information. It should be provided to you free of charge at your request.

Moral of the story use a reputable title and closing company that will look out for your best interests.

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Tuesday, December 1, 2009

Short sales and the mess being created by divorce

As if short sales are not already hard enough for the buyers and sellers, why not make it harder? Divorce is hard on everyone including the buyers of a home in this situation. Many questions should be asked by your agent regardless of which side of the transaction you are on.

In the state of Minnesota it takes 1 to buy but 2 to sell. Meaning a person can be married and buy as many properties as they want without involving their partner. However when it comes to selling any of them, that spouse has "marital interest" and must sign off on the sale of the home.

The question that needs to be asked from the list side is what is in the divorce decree? What does it say will happen upon the sale of the home? On the buy side your agent should ask the same question of the listing agent.

The impact of this information could help to avoid a deal from falling apart at the closing table. It would give everyone involved in the transaction an opportunity to negotiate any issues ahead of time, as well as the title company along with it's closers to have all of the proper paperwork drawn up.

Example- Mr. & Mrs. seller got divorced 5 years ago and in the divorce decree it states when Mrs. seller decides to sell the home in the future, $5,000 of the the remaining equity shall be paid to Mr. seller. Sounds simple enough right? Not really because when the divorce was drafted the home at the time was worth about 20% more. Now 5 years later Mrs. seller has lost her job and can no longer make the payments. On top of that she owes more than the home is worth. When the short sale is final there is no money left to pay the $5,000 to Mr. seller as agreed to in the divorce decree. So now at the last minute Mr. seller refuses to sign because he wants the percentage of equity that he is entitled to according to the divorce decree. Without his signature the sellers can not give clear title to the buyers. Now the deal falls apart and the seller has to start all over if the buyer walks. Not to mention all the time and money lost by the buyer preparing to purchase the home.

This situation can possibly be avoided by having all of this information ahead of time. So when considering the purchase of a home you want the agent that is representing you to ask as many questions as they can on your behalf, as well as have a good understanding of many different situations and the impact they can have on a transaction. Do yourself a favor and always hire a full time professional Realtor.

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Saturday, November 21, 2009

Understanding the home buyers tax credits

Because there seems to be alot of confusion regarding the extended 1st time home buyers tax credit along with the move up tax credit, I thought I would clarify some of the key points for both programs. It is important to note that I am not in the position to offer any tax advise or legal advise. Please consult with a real estate attorney, tax professional or loan officer to have all of your questions answered.

$8,000 First-time Home Buyer Tax Credit

 The $8,000 tax credit is for first-time home buyers only. For the tax credit program, the IRS defines a first-time home buyer as someone who has not owned a principal residence during the three-year period prior to the purchase.

 The tax credit does not have to be repaid.

 The tax credit is equal to 10% of the home’s purchase price up to a maximum of $8,000.

 The tax credit applies only to homes priced at $800,000 or less.

 The tax credit now applies to sales occurring on or after January 1, 2009 and on or before April 30, 2010. However, in cases where a binding sales contract is signed by April 30, 2010, a home purchase completed by June 30, 2010 will qualify.

 For homes purchased on or after January 1, 2009 and on or before November 6, 2009, the income limits are $75,000 for single taxpayers and $150,000 for married couples filing jointly.

 For homes purchased after November 6, 2009 and on or before April 30, 2010, single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.



The $6,500 Move-Up / Repeat Home Buyer Tax Credit

 To be eligible to claim the tax credit, buyers must have owned and lived in their previous home for five consecutive years out of the last eight years.

 The tax credit does not have to be repaid.

 The tax credit is equal to 10% of the home’s purchase price up to a maximum of $6,500.

 The tax credit applies only to homes priced at $800,000 or less.

 The credit is available for homes purchased after November 6, 2009 and on or before April 30, 2010. However, in cases where a binding sales contract is signed by April 30, 2010, the home purchase qualifies provided it is completed by June 30, 2010.

 Single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.

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Friday, November 20, 2009

Top 5 most common mistakes made when making an offer on a foreclosure

Have you ever wondered why banks will not talk to you?
Why your offers keep getting rejected?
Why you always seem to be the last one to find out about a great deal?
Why does it seem so hard to buy a foreclosure?

The answer to these questions as well as others could have something to do with the Realtor and Loan Officer you choose. I can't stress enough the importance of choosing the professionals that will be helping you before you start looking for a home. They should sit down with you and formulate a plan to help you get to were you ae going. You better believe some of your competition for that home you want has already done this. That puts them ahead of you right away.

Ask any REO listing agent that works exclusively listing forclosure homes and I bet they will tell you many times the reason a buyer does not get the home is related to these 5 common mistakes.

1) There is no time to waste when in a multiple offer situation. Highest price is not always the best offer. It goes back to being organized with all of the proper paper work ahead of time.

2) Incomplete and sloppy paper work. Many offers are submtted without meeting all of the bank requirements. It has to be submitted the first time complete. If it is missing information while the bank is waiting for it another offer that is complete could come along and that is the one the bank will work with. Banks are dealing with thousands of files and don't want to wait in some cases so they move on to the next.

3) Reading and understanding all of the supplements before you present your offer. You have to understand what you are signing before you sign it. It is never a bad idea to have a real estate attorney available to answer any of your legal questions.

4) You have to write a strong offer. What does that mean? Know the value of the home as well as the neighborhood. Be able to close quickly if necessessary and have any information that the bank requests ready and available for them. A lot of that will be answered by the pre-qualification letter your ender provides.

5) Earnest money. It is something of value given with the offer to show you are serious about buying the home. Put as much down as you can, it makes the ofer look stronger. You always have several outs to the contract so you can get it back if there is a problem as long as you stay within the wording of the agreement.

Foreclosures can be a great investment but to have a successful transaction my advice is learn all you can ahead of time.

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