October 31, 2009

Q&A: Mutual Release

Q. It seems to me that the seller of a property is protected from the buyer changing their mind and not moving forward with the transaction because of the earnest money which has been put down on the house. What protects the buyer from buyer remorse?

A. Contracts are legally binding

Terms of the contract cover whether or not the buyer can walk away due to inspection issues or if they fail to get mortgage approval or if the property does not appraise for a figure high enough to satisfy the buyer’s lender.

Earnest money as a deterrent

While the earnest money may be a deterrent to the buyer wanting to walk away from a transaction, the earnest money is being held in escrow and will not be released to either party unless both parties agree OR a court has made a determination of which party is entitled to the earnest money. So… in effect, both buyer and seller are protected unless and until they enter into a mutual release.

Multiple Purpose document

The mutual release is a wonderful, multi-purpose document. Its primary purpose is to get people out of a contractual agreement with the assurance that all parties are satisfied (enough) and will not bring any kind of legal action against any other party to the contract. We will all go home, forget we were ever involved in a contract with you and we will NOT call our attorneys next week (or ever).

Many real estate firms will use two specific mutual release forms; one tailored to things associated with the listing and one tailored to the purchase side of the transaction. It is also possible to use a GENERIC mutual release which has boxes so the appropriate reason can be selected from a list or a space for the specific reason in this case to be printed in.

Common Mutual Release Scenarios

The mutual release in real estate may be used to end the agreement when:

a. Inspection issues cannot be resolved, the transaction is stalled, agreement cannot be reached and closing is no longer desired. This is a very common occurrence in real estate transactions.

Form—Mutual release to the Purchase agreement

b. Seller needs to withdraw the property, for good reason, such as a family emergency.

Form: Mutual release to the Listing agreement

c. The buyer’s financing has fallen through, therefore, they are unable to close

Form: Mutual release to the Purchase agreement

A declaration of what happens to the earnest money would be stipulated in the mutual release.

A mutual release is a protection for all parties from future liability. I strongly recommend that you make every effort to reach a compromise and then translate that agreement into a mutual release—Signed by all parties to the transaction.

Good luck on dealing with the issues which are currently more pressing!

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 30, 2009

WORD: Suspense Account

And the WORD for Today Is...

Suspense Account – a catch-all account which lenders and/or servicers utilize to temporarily hold funds when a final disposition for the funds in question has not been determined. This account is frequently where funds will be deposited when the borrower sends a partial payment or an account is in default. If you are involved with foreclosure intervention it is noteworthy that unapplied or funds in a suspense account are not recorded as payments on the account. This could be the cause of a default or a stumbling block to resolution of a dispute over actual past due amounts.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 29, 2009

WORD: Normal Wear and Tear

And the WORD for Today Is...

Normal Wear and Tear – refers to the general wear and tear associated with the “intended” use of a given product or property. The key word here is “intended.” For instance, a home printer is not expected to print 30,000 copies per month so that volume is above the expected amount and a breakdown could be anticipated since its use exceeded “normal wear and tear.” In real estate, the term is used most frequently to refer to the use of property. An apartment manager (or rental homeowner) expects a property to reflect ordinary (normal) usage. You can see traffic patterns, for instance, where people enter a home. In a year’s time the carpet will not be bare based on a family’s regular coming and going. If you are running a day care for 25 kids, then the carpet wear would exceed what most folks would call “normal.” The return of a security deposit frequently hinges on whether the property shows “excess” of normal wear and tear.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 28, 2009

INtro #75: Your Mortgage Documents...Filled with Surprises


Another INtro from HOM...



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Thank you for viewing this INtro! Look for more INtros from HOM coming soon, new topics are added all the time!

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

(You can find a complete list of INtros at both www.DovePublishingHouse.com and www.HomeOwnershipMatters.com)

October 27, 2009

WORD: Turn Key

And the WORD for Today is...

Turn Key – refers to an owner making a business property ready for a new tenant to immediately open up their business by having the property itself completely ready for business to commence. The tenant who leases such a property might supply furniture, (fixtures) phone and their inventory but little else. A turn key property is ready to have someone “turn the key” in the front door and hang out the “OPEN FOR BUSINESS” sign.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 26, 2009

WORD: Self Help

And the WORD for Today is...

Self Help – refers to one party acting against another without the use of legal enforcement such as court marshals, sheriff or other police officials. Self-help used to be widely used by landlords to evict tenants for failure to pay rent. Self-help typically involved simply removing the tenant’s belongings from the property and changing the locks. If any utilities were in the landlord’s name (such as water service) then discontinuing service was a popular self-help strategy. As consumer laws and tenants’ rights legislation have gotten stronger over the past 15-20 years there has been a dramatic decrease in the instances where self-help is employed to divorce an undesirable tenant. Currently, most states protect consumers from landlord self-help strategies. Check your state’s landlord-tenant laws or seek legal counsel if you believe your landlord may have violated your rights through the use of self-help.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 25, 2009

Q&A: Getting Out of a Listing

Q. I like my REALTOR® and believe she is doing everything she can to get my home sold. I have had my home listed for 3 months and unfortunately, because of a family emergency I need to take the home off the market. What do I need to do to “un-list” it?

A. From time to time it becomes desirable or necessary to cancel a listing prior to the expiration of the time frame which has been agreed upon. Most brokerage firms and REALTORS® would probably be very understanding if the reason was a family emergency rather then the seller simply changing their mind about the agent or about selling the property.

Everything has a process

If the Brokerage/REALTOR® are agreeable to releasing you from the listing contract, then both you, your REALTOR® and her broker will need to sign a mutual release which will release all parties from further obligations.

Minimal fee clause

I recommend that you check your listing contract to see if you agreed to a minimal fee in the event of an early termination. Some real estate contracts now include such a provision to address the possibility which now faces you. The brokerage/REALTOR® have spent money on advertising the property for the 3 months of the listing and it is not unreasonable that they would want to be compensated for those expenses.

You would be prohibited from selling the property to anyone who has viewed it during the listing period because the agent would be seen as the procuring cause. But I understand your reason is NOT to avoid selling or to get rid of or go around this specific agent, it is just a matter of BAD TIMING.

Best of luck with the required release.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 24, 2009

WORD: Secondary Market

And the WORD for Today Is...

Secondary Market – as used in real estate is not a real place you can visit. The term “secondary market” refers to the fact that most mortgages are sold immediately or shortly after they are made to other lenders or investors. This second level is the “secondary market.” Review securitization for a little more information about how this market works.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 23, 2009

WORD: Insured Mortgage

And the WORD for Today Is...

Insured Mortgage – is a mortgage which is insured against loss to the lender in the event the borrower defaults and the ultimate sale of the property does not net as much as the outstanding loan, plus the cost of the foreclosure. Such insurance may be provided by FHA, VA or an independent mortgage insurance company.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 22, 2009

Q&A: Flood Insurance

Q. We closed on a house more than two months ago and just received a letter from the lender telling us we have to have flood insurance on the property. Shouldn’t the title company have done a survey and determined whether or not flood insurance was needed BEFORE they allowed us to close? How can they force us to take on this extra expense now?

A. It would be highly unlikely that a title company would close without a survey which stipulated whether or not the property was in a flood zone, therefore requiring flood insurance. The closing also should have included a “flood insurance certification” which would have declared that all parties were aware that no flood insurance was required.

However, mistakes do happen occasionally. It might have been missed or it might reflect a change in the flood map or very likely it means there was a situation where part of the neighborhood is in a flood zone and part of it is not. Your home might have ‘appeared’ to be exempt from the flood insurance requirement when, in fact, it was required.

Commitment to Cooperate

In the event there had been a recent change in the flood zone maps (or they just plain made a mistake) which means the property must be covered with flood insurance you no doubt signed a document at closing which states you would cooperate with all parties (Lender, title company or REALTORS®) if they needed you to help them with correcting forms, etc from closing.

Compliance Disclosure

Almost all closings also include a document which states you specifically agree to add flood coverage IF it becomes a requirement AFTER you have closed. Lenders have the right to have the collateral protected from risks such as floods and therefore the stipulation that flood insurance can be added , when deemed necessary.

I’m afraid you must continue the coverage. Flood insurance is pretty expensive and I know that can cut a good sized hole in your budget when you were not expecting it. But the real beneficiaries—You and Your Family.

Better to have it and not need it, then to need it and not have it.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 21, 2009

WORD: Co-op Fee

And the WORD for Today Is...

Co-op Fee – in real estate refers to the amount of commission paid to a broker/broker’s agent who is the procuring cause for a buyer of a home listed for sell. This co-op fee is most often advertised as a percentage of the sale price ultimately agreed upon. It is unethical for a listing agent to attempt to get the buyer’s agent (co-operating broker) to accept a lower amount than what has been advertised once an offer has been presented. Unfortunately, this happens regularly with short sales.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 20, 2009

WORD: Built-ins

And the WORD for Today Is...

Built-ins – usually refers to appliances that are framed into the building construction and are not designed to be moveable. Built-ins are most commonly stoves, ovens, dishwashers and more recently, microwave ovens.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 19, 2009

INtro #37: REALTORS®: Dare to RE-define Yourself


Another INtro from HOM



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Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)


October 18, 2009

WORD: Mandatory Arbitration

And the WORD for Today is...

Mandatory Arbitration – a clause almost always included in loan documents which consumers do not understand and is almost never in their best interest. When included in a contract it means the parties will settle any legal disagreements through the use of a hearing before an arbitrator. Simply stated, you give up the right to file legal action in a court of law. Worse still, if the arbitration must be in the state which the creditor has selected it may be costly for a consumer to even attend so they lose by virtue of default.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 17, 2009

WORD: Refunding

And the WORD for Today is...

Refunding – is a real estate term specific to VA loss mitigation. If a VA borrower has fallen into default the VA has the authority to purchase the loan from the lender and take over servicing. This option is called “refunding.” This can be advantageous to the borrower if the lender is either unable or unwilling to grant any further relief. A defaulted borrower (or their representative) might even suggest to a lender that VA be approached with the idea of “refunding” if a road block has been encountered with a workout when the borrower or their representative believes something more is reasonable and possible.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 16, 2009

From the Desk Of..."Nothing from Nothing"


Nothing from Nothing Leaves Nothing

“And that ain’t nothing, believe you me” is a refrain of a popular song from my youth. Who knew they were talking about real estate commissions? In today’s tight market it behooves you to start with the end in mind. Literally. It would seem obvious that licensees would always do that since they’re self-employed, paid only via commissions. Unfortunately, keen observation signals that far too often REALTORS® focus on the accumulation of listings without focusing on the realistic possibility of a completed closing. They bought into the myth that whoever has the most listings is the winner of the trophy and therefore is most productive.

Something is Wrong With This Picture . . .

Can you imagine an agent who regularly carries an inventory of 25+ listings (average price $125,000) but is seriously struggling. Obviously, the agent has no problem convincing folks he can sell their home. The problem lies in failing at some other very basic issues which are likely to prevent someone from converting a listing into a “closed” transaction. Let’s consider the most likely culprits.

Silly Details

This will surely not be stepping on your toes to mention “silly” reasons why a listing is unlikely to result in a sale.
  • The owner filed bankruptcy, two weeks ago
  • The spouse never signed the listing contract
  • The lender will be “short” and no one mentioned it
  • The house is already scheduled for a sheriff’s sale
  • The paperwork for a deed-in-lieu was mailed the day you had your listing appointment
  • The “summons” was received two (2) days before they called you
Shame on YOU

In today’s market it is not intrusive to conduct a thorough analysis of the reasons why a potential seller chooses to sell at this junction—that just reflects market savvy. Further, it is a disservice to the potential client and to your agency/yourself to list property without addressing the most common reasons why real estate becomes “unavailable” for the completion of the transaction in today’s market. What a shame to have unearthed the proverbial needle in a haystack (a qualified, ready and able buyer) only to discover you don’t have anything to sell. If you are lucky—really lucky—this qualified buyer will be too busy to sue your client for “failure to perform,” with yours truly as a co-conspirator.

Price ‘em RIGHT…from the beginning

The operative word is RIGHT. The correct view is from a buyer’s prospective. Must I tell you I mean for today’s market, not the market THAT WAS—which is no more. If you’re not able to convince a potential seller of the appropriate listing price based on your BPO/CMA and supporting documents, are you a good enough salesperson to convince someone to buy it at the inflated price you listed it for? Think about it.

Is the owner committed?

I’m sorry, I didn’t mean “should the owner be committed” or perhaps, “the owner plans to get committed.” I mean, IS THE OWNER, TODAY committed to selling their home? Well, how can you tell? That’s easy. An owner who is committed to selling has some basic awareness of the market and will be receptive to your education/documentation of current value. They will already be working on getting their home ready for showings and quite willing to set a definite date when those preparations will be complete. A committed seller is not “testing the water.” They have concrete plans for moving. In other words, they’re an active participant in their real estate process, not your reluctant sidekick.

Ready for the debut?

Not you, the house. Too often, in their anxiety to seal the deal and tally another listing, agents list homes which are not only not ready for showings (clutter, minor cosmetic issues which need to be addressed, lack of curb appeal, etc) but whose owner has demonstrated a lack of commitment to making them ready. It’s such a simple practice to ask “How long will it take to get your home ready for showings?” (Notice, I did not say for listing). Then clearly say, “Call me when it is ready for showings. We can then do the paperwork needed for the listing agreement and I will take photos for marketing.” There, wasn’t that simple? Don’t list a home you are ashamed to have viewed. Day One. Dot. Period.

The Four Rules for Listing

The “rules” I encourage you to implement assume your relationship with your client is strong enough to have resolved any issues related to:
  1. a. Appropriate market-based pricing
  2. b. Acceptable condition
  3. c. Provisions for showings
  4. d. Possible impact of “undisclosed pertinent information"
  5. e. Any “other” current realities

Rule #2—List at no more than 3-5% above the current market (short sale is an exception to this rule)
Rule #3—List only when the home is “camera ready”
Rule #4—List only AFTER the seller has demonstrated they are committed to selling

Closing = Commission Paid

Now for the first and most important rule. The FIRST rule for listing should be: Don’t list anything you don’t REALISTICALLY believe you can close. It was a good rule to live by when I started my real estate career in the early 90’s. This was not a company rule, but my personal standard in order to become a successful REALTOR®. My logic was that if I closed everything I listed, then folks would believe that I was a good REALTOR®. Such a novel idea. But it worked. My fall-thru rate with buyers was less than 5%, almost always because of inspections issues. My expired listings—less than 1%. Time on market—well below the average for the market then. I appreciate that times have changed. Nonetheless, it was an excellent idea then. I encourage you to consider adopting it as your personal mandate today. You’ll accept fewer listings, but if you close 90-95% of what you list, will you be better off in 2009 than you were in 2008? You do the assessment. It’s a business decision. Marketing listings which are not likely to sell is costly.

6% of Nothing is Nothing

One of the prime reasons I teach and write is because I recognized that the strategies which are being used by many agents are counterproductive and therefore, very frustrating. Handling foreclosed properties for Fannie Mae, after some well-meaning agent had tried to sell them—the traditional way—predictably resulting in foreclosure—I decided to teach agents how to better understand the lender/insurer’s position, and how to successfully structure a short sale. It works, IF YOU WORK IT.

Getting to the closing table is the ultimate goal for all real estate professionals. Strategies for posturing yourself, from the inception of the transaction, with the goal of getting to the closing is the cornerstone of the foreclosure related classes taught by HOM. The (FIS) certification is wholly focused on GETTING TO THE CLOSING TABLE.

Want to learn more?

Web: www.HomeOwnershipMatters.com.
Blog: http://www.HomeOnwershipMatters.blogspot.com/

Mildred Wilkins
President of Home Ownership Matters
Author of “Your Real Estate Advisor”
available at: www.DovePublishingHouse.com
Toll-free 1 (866) 507-5105

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more articles by Mildred at HOM's website.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 15, 2009

WORD: Excess Condemnation

And the WORD for Today is...

Excess Condemnation – refers to the use of eminent domain to take more property than actually necessary for the intended purpose. Unfortunately, this happens often with homeowners being offered less than a genuinely fair market value for their property and then the excess amount not used for the stated project being auctioned off. Eminent domain powers are sometimes used to acquire land desired for future projects by a municipality who can “seize the opportunity” to do a justifiable project and hold any “extra” land for acquisition to the highest bidder (commercial developer) down the road long after the stated project has been completed.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 14, 2009

WORD: Without Recourse

And the WORD for Today is...

Without Recourse - a financial term which means the lender cannot look to the borrower personally to fulfill the obligation. A mortgage or deed of trust securing a note without recourse allows the lender to receive payment only from the security (the property) if there is a default. In essence, without recourse then also means the lender cannot go after the borrower for a deficiency judgment if the sale of the property does not cover the full indebtedness.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 13, 2009

Did You know — SwapALease.com

Did You Know?


Life Happens….

As a trainer I meet lots of folks who are struggling or real estate professionals whose clients are struggling. One of the challenges being faced by many consumers is what to do about your auto lease when you can’t comfortably afford the payments anymore. You have been relocated by your employer (and you were grateful to just keep a job) or your family expands and you need a new vehicle, or you lost your job or face a cutback in hours. Whatever the situation, it could be any one of a myriad collection of things which means the lease is simply not a good fit financially anymore.

How do you get out of a car lease? What about the thousands of dollars in early termination fees? Must you make the rest of the payments on the lease?

Enter Swapalease.com

The service was initially implemented to help new car dealerships sell a car when the prospective buyer already had a lease and no way to get out of it without facing stiff penalties for early termination or being forced to pay the full amount of the remaining payments. That was 10 years ago and now the service works as an independent connector for folks who want to acquire a lease and folks who have a lease they need to terminate. Out of need, a service is born.

What, exactly, is “Swapalease.com?”

It is an on-line business—a service—which matches folks who want to get out of a lease with folks who wish to acquire a short term (24 months or less) lease. A number of benefits for either side of the transaction—a person acquiring a lease in this way can:
  1. a. Get a lease for less than the standard amount of time which would be required if they went directly to the dealership,
  2. b. Avoid paying the substantial amount typically required up front with a traditional lease
  3. c. Effectively "try out” a car for the remaining term of the lease without having to make a long term commitment.
For the current holder of a lease:
  1. a. Having the opportunity to be released from the obligation without having to pay early termination fees (which can be substantial)
  2. b. Avoiding the requirement to pay the remaining balance on the lease
  3. c. Security of knowing that swapalease has verified the credit worthiness of the party who ‘assumes’ your lease
Other services

In addition to connecting a willing lessor with a happy lessee, other services include originating new leases, transportation and shipping of vehicles, vehicle inspection, various financing alternatives and extended service contracts and warranties (I told you this service was started by car dealers).

I need a….

They probably have it or will have it shortly. Swapalease.com features a wide selection of cars and trucks, from economy to luxury. (For instance, I am considering a sports car but I am not sure I am a “sports car person” after driving 4 door family sedans for most of my life, now the proud owner of a Jeep Liberty Renegade, but I want to switch to something “different”. I may be having a delayed mid-life crisis but I WANT a sport car. I am aggressively looking for the right one on swapalease.com. One I can try for 8-12 months so I can decide if that will be my next purchase or just to have had the experience.

Where to get started?

Visit their consumer-friendly website at www.swapalease.com. You can also contact them at (866) SWAP-NOW (That’s 866-792-7669). They provide instructions in an easy to understand format. Best of luck in shedding your lease—or picking one up—depending on what you need to do.

** I’ll let you know how my sports car search goes.
I am shooting for my birthday, November 15th.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 12, 2009

WORD: HUD-1 Settlement Statement

And the WORD for Today is...

HUD-1 Settlement Statement – is required under RESPA guidelines and is the form at closing which details all the expenses associated with the transfer of the property. ALL the costs of the deal are to be included for both the borrower and the lender’s sake. A borrower should receive a signed copy of the HUD-1 before they leave the closing.

The HUD-1 is a standard form that clearly shows all charges imposed on borrowers and sellers in connection with the settlement. RESPA allows the borrower to request to see the HUD-1 Settlement Statement one day before the actual settlement. The settlement agent must then provide the borrowers with a completed HUD-1 Settlement Statement based on information known to the agent at that time.

The HUD-1 Settlement Statement shows the actual settlement costs of the loan transaction. Separate forms may be prepared for the borrower and the seller. Where it is not the practice that the borrower and the seller both attend the settlement, the HUD-1 should be mailed or delivered as soon as practicable after settlement.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 11, 2009

WORD: Loan Servicer

And the WORD for Today is...

Loan Servicer – handles many functions relating to a loan. The servicer:
  1. Collects payments from borrowers
  2. Disburses money for escrowed items such as insurance and taxes
  3. Submits funds to the secondary market investor according to the guidelines in place with each individual investor
  4. Is responsible for customer service functions to all parties to the file: borrower, investor and insurer
  5. Is responsible to assure full compliance with each state’s and all Federal regulations
  6. Performs all tasks in a timely fashion
  7. Maintains and provides when necessary an audit trail of all transactions
  8. Handles loss mitigation workout options with a borrower who is in default
  9. May or may not be the “party of interest” on a particular file
Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased at www.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 10, 2009

INtro #15: Your Servicer is a "Go-Between"


HOM INtro #15: Your Servicer is a "Go-Between"


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Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)




October 9, 2009

WORD: Lemon Law

And the WORD for Today is...

Lemon Law – refers to a law in place in most states to protect consumers from grossly unfair practices relating to the purchase of cars. Lemon laws basically say “you are protected from buying a car which was in bad condition when you bought it.” Each state which has enacted a lemon law decides what their law will cover. Generally, however, you are protected if you purchased a car which does not work properly and cannot be easily fixed. It may also apply to new as well as used cars.

The lemon law does not apply directly to real estate, but is still a term you should be familiar with as a consumer. Frequently a person’s financial problems are caused by lack of information in another area which has contributed to difficulty meeting their mortgage obligation. The lemon law is a state law which provides protection if you purchase an automobile which does not work properly and cannot be easily repaired. Paying for repairs on a car which is a “lemon” is likely to throw a curve ball into your finances. The lemon law provides an out; the dealership must repair or replace “lemons.” Therefore, the lemon law is related to your overall well-being. Lemon laws typically apply to new cars but may be applicable to used cars in some states.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 8, 2009

WORD: Assumption Disclosure

And the WORD for Today is...

Assumption Disclosure – is required to allow a person buying a home to know whether or not the mortgage can be assumed. This disclosure should be provided at closing and will not only tell you if the loan can be assumed but will also state whether the assumption is assumption with or without approval.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 7, 2009

Q&A: Can they Take my Second House?

Q: If I have two houses and I lose one, will they take the other one too?

A: The short answer is that the lender can not just “take” your second home.

The complete answer is that you still need to be concerned about protecting your second home from liability as well as protecting yourself from future liability related to the foreclosure on the first home.

Future Risk

If the lender does not receive enough from the sale of the home after they complete the foreclosure and sell it as a bank-owned property, many states will allow them to go into court and request a “deficiency judgment”. In order for them to receive such a judgment they will need only to demonstrate that you agreed to repay a certain amount for the home and they got less than that.

Let’s say $276,000 was your mortgage amount and they only got $213,000 from the eventual sale of the property. There is a loss of $63,000. In addition, the terms of your note or deed of trust will grant them permission to also ask to be reimbursed for attorney fees and other allowable costs, based on the terms of your mortgage document and your state’s foreclosure laws.

A crafty lender might end up changing a $63,000 shortage into a request for $89,000 as a deficiency judgment request. If you do not challenge this and a deficiency is granted, the lender/insurer then has the leverage to:

a. Use a wage assignment to garnish paychecks
b. Have judgment recorded on credit reports
c. Possibly intercept income tax refunds
d. Collect from anything you earn, marry, inherit
e. Attach judgment to any other real property you own, (second home) or later acquire

Having said all that, the short answer: they can’t TAKE the second home but they sure can make your life miserable. You are wise to consider the implications for a second home and need to seek legal advice to help you determine what is your next step to protect your investment in the second home, if that is possible. I’m betting that it is, but I am a writer, not an attorney. Yell for help. It’s attorney time.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 6, 2009

WORD: Contingency Clause and Contingency Fee

And the WORDS for Today are...

Contingency Clause – refers to a clause which may be written into a purchase agreement which basically says “we will move forward with the purchase once the contingency we identified has been satisfied or removed.”

Contingency Fee – any fee for services provided where the fee is only payable if there is a favorable result.

Contingency fees are fees which are to be paid only in the event of an occurrence in the future. For instance, a real estate broker’s fee is paid only if the listed property is sold or leased. (An exception could be included in the contract that allows some other payment arrangement.) A great example of contingency fees are the fees charged by attorneys who handle negligence (or similar) lawsuits which are not due to be paid unless the attorney wins the suit and damages are collected.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 5, 2009

WORD: Contingency

And the WORD for Today is...

Contingency – the completion of an action or promise hinges on something else happening prior to that. The second action will NOT occur unless or until the first action has been completed. For example, “buying the house is contingent upon my company providing the usual Christmas bonus.” Quite simply, no bonus (or less than the USUAL bonus), no house.

Contingency also most commonly means some stated event which must occur before a contract will be binding. For example, an offer to purchase a home based upon the buyer’s ability to sell their previous home.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 4, 2009

2nd Lien Hold-Out on Short Sale

Q: We have been trying to sell our house as a short sale since we owe more than the home is worth today. We have a second mortgage and we were just told that they have the ability to reject an offer for a short sale. Is this true? We thought only the first had the right to approve a short sale offer.

A: Short answer with a long explanation. The answer to the question, as you phrased it is no, they can not reject an offer for a short sale. But they can prevent you from being able to get a short sale approved and closed.

A second mortgage holder does NOT have the power to approve or reject a short sale offer. However, because you must get their cooperation to either wipe out their lien or at least “lift the lien” for the purpose of closing, they can successfully BLOCK a short sale from moving forward by refusing to do either one of those things.

When there is an attempt to short sale a property which involves a second lien holder, there cannot be a closing unless the second receives the full amount which they are due or a lesser amount which they have agreed is sufficient for them to release the lien which they hold against the property. By releasing the lien, they would be acknowledging that they have no further claim against the home, or the borrower, in exchange for a stipulated amount. It has been commonplace for several years for second lien holders to release the lien for a tiny fraction of the amount owed when it appeared that foreclosure was imminent. This is especially true in a judicial foreclosure state where the second will receive absolutely nothing if there is a foreclosure.

In the past year it has become more common for the second lien holder to try to play hardball and agree to “lift the lien” for the closing on a short sale BUT not to release it. That means that while it is no longer secured by the real estate it remains a collectable debt against the borrower. With such an agreement signed, the borrower has, in fact, re-obligated themselves to the debt. It is possible that such a document, acknowledging the validity of the debt, could be used to secure a judgment. With a valid judgment a lender can request a wage assignment (garnishment).

I always advise borrowers to seek legal advice when it comes to this sort of situation. An attorney might be able to negotiate for a lower amount on the unsecured debt, if, in fact, it is necessary to agree to that in order to avoid foreclosure. Foreclosure should be avoided at all costs.

* Failure to use an attorney could cost you dearly down the road.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 3, 2009

WORD: Marketable Title

And the WORD for Today is...

Marketable Title – means a title that can be readily sold to a reasonably prudent purchaser aware of the facts and their legal meaning concerning liens and encumbrances. Marketable does not mean the same as CLEAR title. Many bank-owned properties are sold with the use of a marketable title (which is disclosed) but if the buyer does not understand the risks associated with such a purchase and does not conduct a title search there could be unpleasant consequences.

Marketable Title means a title which can be readily marketed but may not have all liens cleared. A buyer should therefore be aware of their legal rights and secure additional protection with a title policy which provides gap coverage.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 2, 2009

WORD: Trustee's Deed

And the WORD for Today is...

Trustee’s Deed – a deed issued by a trustee under a deed of trust, given to a purchaser of a home at an auction, pursuant to foreclosure. Depending upon state law, the transfer may still be subject to the redemption rights of the borrower who lost the home through foreclosure.

Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

You can find more helpful definitions of WORDS like these in Your Real Estate Advisor which can be purchased atwww.DovePublishingHouse.com.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)

October 1, 2009

INtro #9: The Secret Key to Success




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Copyright © 2008, Home Ownership Matters, LLC. All Rights Reserved.

(Please E-mail Heather at homeownershipmatters@gmail.com with any questions, comments or concerns you might have! We appreciate all comments and feedback, so please don't be shy.)