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Yepeeeeeee! I'm All Ready To Buy A
Home!
Now What?
"It's Here!"
"Know what your buying"!
THE NEWLY REVISED
RESIDENTIAL SELLER'S PROPERTY DISCLOSURE STATEMENT
a.k.a. "SPDS"
Ask for it when buying
your next home!
Is your home inspector
licensed?
As of December 31,
2002 ALL Home Inspectors are to be licensed to do business in Arizona!
Has yours complied
with State Regulations?
Real estate tip of the day
Adjustable rate mortgages
The time test is often the main factor when deciding
whether or not an adjustable rate mortgage is the best choice. The longer you
plan to stay in the house, the more sense it makes to pay points to buy down the
interest rate. For example, say you are considering a $200,000 loan at 7.5
percent and 2 points, and another loan at 8 percent without points. You plan to
stay in the house for seven years. If you take the 7.5 percent loan, you will
pay $4,000 at closing in points and $1,398 per month (principal and interest).
At the end of seven years you will have paid about $101,136 in interest. If you
take the 8 percent loan, you do not pay points at closing and $1,468 per month.
But at the end of seven years, you will have paid about $108,227 in interest. In
this case, you would be better off paying the points for the lower interest
rate.
***
Can you afford to choose?
Deciding whether to buy or sell first is rarely easy
Deciding whether to buy or sell first is rarely easy. There are pros and cons to
each strategy. If you buy a new home first, you'll eliminate the anxiety about
where you'll live next. The worry is how long it will take your current home to
sell. Owning two homes can be costly.
Selling first relieves you of the financial burden of
owning two homes. The challenge then becomes finding a new home within a given
time frame. If you can't find a replacement home in time, moving to an interim
rental may be the only option.
The realities of your financial situation will
determine whether you can buy first, or must sell first. If you have enough in
savings to cover a down payment and closing costs on a new home, ask a mortgage
person if you qualify for the financing you'll need without having your home
sold.
If you don't have enough cash to make the move, ask
your mortgage person if you can borrow enough cash for a down payment and
closing costs and still qualify for the financing you need to make the purchase.
Some homeowners use an equity loan on their current home to generate the cash
they need.
Many buyers can't qualify for the mortgage they need to
buy a new home without having their current home sold. In this case, market
conditions will determine whether you can buy, or must sell, first.
HOUSE HUNTING TIP: Talk with a real estate agent (or
agents, if you're buying and selling in different locations) to find out how
market conditions will affect your decision. Ask your agent, or agents, the
following questions. Find out approximately how long it will take to sell your
current home. Are home like yours selling quickly? Or, is there a lot of
competition for your home currently on the market?
Are conditions such that you can sell you home with a
contingency to find a replacement home? Buyers usually won't accept such a
contingency unless the inventory of homes for sale is very low. Given a choice,
buyers will choose a home that is definitely for sale, and not encumbered with a
contingency for the seller to find a replacement home.
If this contingency isn't a viable option, find out if
you can sell with an option to rent back your home from the buyers for a period
of time after closing. This will give you additional time to find a home to buy
if you haven't found one by closing.
On the buying side, you'll want to know approximately
how long it will take to find a home to buy. Is there a lot of inventory on the
market, or are listings scarce? Are listings selling with multiple offers, or
can you take your pick? Can you buy a home contingent upon the sale of your
home? If not, is it possible to buy contingent on closing the sale once you have
an accepted offer for the purchase of your home.
Even though you'd rather not move to an interim rental,
find out how much it would cost if you had to go this route. Are there plenty of
homes for rent in the area where you want to live? Also check into the cost of
storage in case you need to store some of your possessions temporarily.
THE CLOSING: Carefully consider your tolerance for risk
and uncertainty. If you buy first and your current home doesn't sell quickly,
can you afford—financially and emotionally—to own two homes for longer than a
few months?
Dian Hymer is author of "House Hunting, The
Take-Along Workbook for Home Buyers", and "Starting Out, The Complete Home
Buyer's Guide," Chronicle Books.
***
Making sure you don't
overpay when buying a home
Who would have imagined that
home sales would play a starring role in the U.S. economy after September
11th? Few economists expected housing markets to remain as buoyant as
they have in the months since the terrorist attacks.
"Housing was going
gangbusters throughout 2001 and is still strong in many areas," says Frank
Nothaft, chief economist for Freddie Mac, a company that funds mortgages
made by lenders to millions of Americans.
The secret to the continuing
resilience of the housing market is relatively low mortgage interest rates,
economists say.
"Prices are still going up in
a lot of communities," says Karl Case, an economics professor and a partner
at Case Shiller Weiss Inc., a firm that tracks home values for clients
ranging from individual consumers to Wall Street investors.
Despite housing market
strength, overpaying remains a risk for home shoppers, given the economy's
volatility. Headlines show that job cuts continue. Although the
consensus among economists is that a recovery should begin early this year,
Case stresses that no one knows for sure. "Economists are very bad at
predicting the depth and length of a decline," he says.
No matter the outlook, buyers
should do their homework on local property value trends before venturing a
bid on a home they like. Here are several pointers for buyers;
...Be particularly cautious
in areas where the economy is very uncertain. Are you planning to make
an offer on a home in a community that is heavily dependent on a technology
or manufacturing business where layoffs have been prevalent of late?
Then you should move with utmost care before making a bid, Case says.
...Also, he believes you
should watch out for the possibility, however remote, of a short-term price
slump if you're buying in an enclave of upscale homes -- those in the top 10
percent for the region as a whole. During the late 1990s, many wealthy
Americans took profits on stock gains to purchase expensive homes, pushing
up prices rapidly for this segment of the market. But the relatively
weak stock market performance of the recent past has meant less demand for
luxury housing, leading to a moderation in home prices in this segment.
...Use online sources as
general guides to value trends. One reliable source is the Web site
run by the Office of Federal Housing Enterprise Oversight (www.ofheo.gov)
There you can find valuation changes on a quarterly basis for towns and
cities across the country. While this information does not project
future home value performance, it's considered a good guide to past
patterns.
...In addition, some Web
sites look to the future. For example, the Case Shiller Weiss (www.cswv.com)
provides free home - price forecasts for many metropolitan areas.
Also, for a nominal fee, the firm offers consumers current price estimates
on specific homes nationwide (however your REALTOR (R) will offer this to
you for free).
...Turn to your real estate
agent for help in judging a home's worth. Realtors can provide a
wealth of statistics to help you learn about price patterns. One key
measure is the number of days homes linger on the market. If that
number is increasing, demand could be falling and prices could be weakening.
Another indication of a cooling market is a widening gap between list price
and actual sales price.
...In addition, there is no
substitute for information on recent sale prices of homes very comparable to
the one you're interested in buying. Your agent would provide you with
at least three such "comps" before you bid, Case says.
...Seek anecdotal information
from those who know a neighborhood well. Statistics go only so far in
telling you about property values. Case says there's also much to
learn by chatting with residents of the community where you're home shopping
-- perhaps on a Saturday afternoon stroll through the neighborhood.
..."You want to get the
street talk -- to get the inside information on what happened to the sale
that fell through a block away," Case says. Neighbors can tell you
about oddball situations involving homes that go unsold month after month,
perhaps because of a less-than-obvious defect. However, Case contends
that well over half the time, overpricing is the reason homes languish on
the market.
...Recognize that a "lowball"
offer is unlikely to succeed -- even in a recession. Indeed, lowball
offers are sometimes so offensive to owners that they can result in a sudden
cutoff in negotiations. Also, homeowners are increasingly savvy about
the true value of their assets and will hold out for a reasonable offer.
...Link your hopes for
appreciation to your expected stay in a home. You can do extensive
research to be sure you're not overpaying for the property of your choice.
But the chances of making a healthy profit on the place are much greater if
you stay five years or longer, according to Nothaft.
By Ellen James Martin,
distributed by Universal Press
How home sellers can find a
dynamic, engaging agent
Back in 1982, Judy Cruce was
an elementary schoolteacher with little knowledge of real estate. So
when it came time to sell her house, she turned to the Yellow Pages to pick
a listing agent.
The selection proved
regrettable. From the outset, the agent seemed bored and indifferent
about the process of marketing the gray-green stucco home. Once Cruce
and her husband signed a listing agreement, the agent seemed to disappear.
What's more, the couple received scant information on how to prepare their
place for sale or on the reactions of prospective buyers who came through to
see it.
"The agent took the listing
and then left us. We felt abandoned and uninformed," Cruce recalls.
The contemporary-style house
did sell for a satisfactory price -- though it took much longer than the
couple expected. Cruce was left with a sour feeling about the
experience -- and a clear impression that she could have done the job
better. The experience was a contributing factor to her decision two
years later to become a real estate agent herself.
Cruce, who sells homes, calls
her profession "a passion". She is precisely the sort of person to
seek out as a listing agent, says Robert Irwin, the author of several real
estate books.
"Get a dynamo -- someone who
is going to be an advocate for you," Irwin says. He contends that
extroverts -- who relish working closely with other people -- are best
suited for the job of listing agent.
"Look for enthusiasm.
This should come across right away when you first meet the agent," he says.
Here are several other tips
for selecting a superior listing agent:
-- Avoid agents who seem to
be playing a "numbers game." Success breeds success in real estate, as
in many professions. So it stands to reason that diligent agents get
the most referrals.
However, a small minority of
agents focus almost exclusively on acquiring a large number of listings, on
the assumption that a percentage of them will sell with little effort on
their part. They give minimal attention to the marketing of any given
listing.
A marketing plan should be
comprehensive and tailored to the individual property, Irwin points out.
"You want an agent who will stand up and promote your listing -- not just
someone playing a big numbers game," he says.
-- Look for someone whose
primary income comes from real estate. To be sure, there are many fine
agents who also manage to hold down other jobs or who choose real estate as
a part-time activity during their retirement years. However, as a
general rule, those whose work lives are focused principally on real estate
are more committed to their clients, Irwin believes.
"You don't want someone who
is desperate. But you do want someone whose livelihood is tied up with
real estate sales and is hungry to close transactions," he says.
-- Choose an agent with a
marketing plan focused on others agents. Real estate is a cooperative
profession. Most deal involve two agents -- one for the seller and one
for the buyer. As Irwin points out, more than 80 percent of the resale
homes on the market are sold to buyers who have engaged an agent. And
agents who work with buyers are influential in deciding which properties
their clients see.
Superior listing agents
recognize that their best avenue for marketing a home is usually through
networking with other agents in the same community, Irwin says. "The
whole idea is to get other agents focused on your property," he says.
Agents should promote their
listings to other agents through several means -- by email, through sales
meetings and by holding special "broker" open houses."
"You want an agent who will
be an advocate for your place with other agents. You don't want
someone who is just going to sit in the corner," Irwin says.
It may sound obvious, but he
says the best way to determine whether an agent will be proactive on your
behalf is to ask direct questions: "What are you going to do for me?
What is your plan for selling my property?"
-- Seek an agent who pursues
continuing education. Those who excel in the real estate profession
typically go well beyond the mandatory classes they need to obtain and keep
their license. They need to do this, Cruce says, because property
transactions are becoming ever more complex. Regulations, including
many involving required seller disclosures about a home, are on the
increase. Standard sales contract forms continue to evolve. And
buyers are becoming more assertive and demanding.
However remote, there's
always the potential risk of a lawsuit, should a buyer suffer remorse after
a purchase -- and seek to take the sellers and their agent to court.
One strong protection against such a nightmarish outcome is to have a
knowledgeable agent from the outset, Cruce contends.
Recognizing that real estate
is a demanding profession, Cruce says listing agents should keep abreast of
changes in the field. Superior agents also keep meticulous records,
reflecting a conscientious approach to their work.
It's not hard to determine if
an agent is diligent, according to Cruce. "Just ask him, "Is this
merely a job for you or is it your career?"
By Ellen James Martin, Smart
Moves
Preparation key to selling
house
East Valley homeowners
preparing to sell their home should do just that - prepare.
Valley real estate agents say
sellers need to take some important steps if they hope to sell their homes
quickly. Much of their advice boils down to some simple changes that
can have a big impact on buyers.
East Valley homes last year
took between 38 days and 108 days to sell, according to Multiple Listing
Service data. Home price and location are the major factors that
affect how quickly a home sells. But all sellers, no matter what price
range or geographic area, can do some basic things that will make the
property more attractive.
Before posting a for-sale
sign, sellers should plan their own moving timeline, said John Foltz.
"So many people sell their
homes and then regret it because they have no place to go," he said.
Once sellers have heir own
buying plan, they are encouraged to hire a real estate agent using referrals
from friends and family, Foltz said.
"Have someone with a fresh
set of eyes walk through your home," he said. "Buyers don't go out to
buy a home. They go out to look at five and eliminate four."
Real estate agents can look
at homes as a buyer, said Elaine Grill. You have to look at it that
way and not be emotional about it."
Cleaning is an important task
that makes a huge difference to the home's appearance, Grill said.
That includes: Dusting
ceiling fans and light covers. Storing small appliances in cabinets.
Packing knickknacks and family photos. Removing stacks of papers and
personal items. And removing magnets and notes from the refrigerator.
George Klein, one of Grill's
sellers, learned how much de-cluttering helps when his mother's home sold in
two weeks. The Indiana resident was selling his mother's home in
Scottsdale and packed 30 to 40 file boxes of books and small furniture until
he could sort through them.
"The things I packed would
have had to be packed to move anyway," Klein said. "It produced a much
cleaner, bigger look to the house."
"A house is furnished and
decorated two ways: A way we live in it and a way to sell it," Foltz
said.
He said most homes have
double the furniture needed and 10 times the knickknacks, which can be
distracting to home buyers. That's why most new homes are generically
decorated so the home buyer can envision their own stuff in the home, Foltz
said.
Grill and other agents hire a
home inspector who provide a checklist of what needs to be fixed.
Minor repairs should be done up front so it won't delay the sale or lower
the price once there is an offer, she said.
Aesthetic improvements can be
found by standing 5 feet inside the home and looking at all the details,
Foltz said. "That's the place people buy a house or eliminate it."
Another place to critically
assess your home is from a neighbor's yard. Foltz suggests setting up
a lawn chair from across the street and looking for at least 30 minutes at
where the paint is peeling or where planted flowers would help.
Here are other tips agents
offered to help sellers prepare their homes: Instead of putting in a
pool to spruce up the home, add fertilizer to the lawn. Neutralize
unusual and bold colors on the walls and carpet. Instead of remodeling
the kitchen, which is expensive, replace the cabinet knobs or paint dated
cabinets white. The same goes for dated bathroom cabinets. Add
an automatic garage door opener, which costs about $350. Fence
swimming pools. Touch up scratches on the wall and fill in holes where
pictures hung. Clean the front door.
"It's little things that make
a big difference in people's perception," said Michael Novotny.
When sellers' homes have pet
odors, they shouldn't mask the problem with deodorizer, Novotny said.
Deodorizers can't rid smells that have seeped into the carpet and pad below.
"They should bite the bullet
and replace the carpet," he said. "Anything short of that and you're
kidding yourself. It's like mixing cheap perfume with cigarette
smoke."
Kate Rose said making the
house more accessible also will speed up the sale. She suggests:
Holding open houses. Putting a lock-box on the door. Price the
home correctly based on comparable sales. Don't disclose all the
amenities and specifics of the home in a brochure. You want to lure
buyers into the home to see for themselves.
Michelle Swafford, Tribune
Broker agreement puts horse
ahead of cart
Buyers smart move is to hire
an exclusive broker to represent you;
it can avoid a lot of
problems!
Research shows that about 85
percent of buyers and sellers go online to browse prior to contacting a real
estate broker. It is clear to me that this is the main reason
consumers are becoming savvier regarding real estate purchases and sales.
(I delude myself into believing my column is moving the needle, too.)
Seriously, whether you are a
real estate practitioner or consumer, as a reader you should expect this
column to provide helpful information: tips that can be used to make
the deal go better. In that spirit, I would like to explain some of
the many benefits of entering into what we lovingly refer to as a
Buyer-Broker Exclusive Employment Agreement. Around the office, we
call it a Buyer-Broker Agreement, or B.B.A., which is made after you have
decided whom you want to represent your real estate purchase interests.
Such an agreement is not new
to the real estate business. Some agents have used a B.B.A. for years;
most who do can be identified by the Accredited Buyer Representative (A.B.R.)
designation on their business card. A B.B.A. employs a broker
exclusively to locate property for a client during a specific time period,
which will vary according to each client and broker.
This National Association of
Realtors designation requires many hours of classroom study, with a tough
test required for completion. (That said, an agent could represent a
client and enter into a B.B.A. without having the A.B.R.)
What is the advantage of this
exclusive agreement? The biggest advantage of employing just one
broker or agent to represent you is the orderly fashion in which the search
for property takes place. This saves you time and trouble.
What is expected of the
broker? It's up to you! You can customize the agreement using
the blank lines on Page 2 labeled, "Additional Terms." For one, you
should expect your broker to spend considerable face-time with you to
determine your housing needs, the area in which you wish to relocate, and
the price you are willing to pay. (Tip: The buyer's
responsibility is outlined in the B.B.A. It should be considered
carefully and understood before committing to it.)
If you cannot pay cash and
need to borrow (as do most people), your broker will have a lender determine
how much you can borrow and the amount of down payment needed. Some
loan programs require nothing down, although the payments would be higher.
Following a lenders
conditional loan approval of a buyer, a seller can determine with more
certainty if they want to accept his offer. Pre-approval always puts a
buyer ahead in the negotiations.
Conversely, buyers who go out
looking on their own, find something they like, and then call an agent to
write the offer for them, are hurting themselves; unwittingly. They
are attempting to buy without having a clear understanding of what they
qualify for or even exactly what they want.
In other words, they have
done it backwards. These could be the ramifications: The seller
accepts the offer, escrow is opened and the loan process begins. After
a period of time, it is determined the buyer cannot qualify for the loan,
and the transaction is cancelled. More than likely the sellers have
gone out and signed papers on another home that they cannot actually buy
until escrow closes on their current home.
But the fun doesn't end
there! This chain reaction could go on and on. The demise of the
first deal starts the dominoes falling until all are down. Actions
like this cause a lot of irritation and pain. I hope you see the
benefits of hiring an exclusive broker to represent you; it can avoid a lot
of problems.
But who pays for a broker to
represent you? Usually the seller pays a listing broker to market
their property, and it includes enough to pay a buyer's broker. Your
B.B.A. covers the broker's compensation thoroughly with no cost to a buyer.
Your broker can then extend time and energy confidently in a project for
which he or she will be properly compensated. It's just good business.
TIP and question: If a
seller gets an offer, with a conditional loan approval to follow, how can
they make an informed decision on accepting the offer?
My advice: Include it
with the offer.
By Bob Stephens
Tribune Advertising
Guardian of credit-score
formulas shares secrets
Firm to teach consumers how
to boost ubiquitous number
Coming Soon
REFINANCING SCAMS
Tips to AVOID refinancing
scams. Many unscrupulous companies prey on people in distress. Here
are twelve tips to help you steer clear of frauds:
Be wary of anyone who
contacts you about refinancing or loan consolidation, particularly if
the solicitation does not come from an established financial institution in
your community. Be skeptical of any solicitation from a finance
company, even if the company has helped you out before. Well-known
finance companies have engaged in serious frauds.
Definitely avoid anyone
who solicits loans via a "door-to'door" visit. It is very
expensive to market anything door to door, and odds are someone coming to
the house to help bail you out of trouble is really coming to get you in
deeper.
When in doubt, check
out the lender.
If you have any reason
to suspect someone you are considering doing business with, check with your
state's attorney general, banking commission or consumer complaint hotline.
Never sign documents
without knowing what is in them.
If you own a home, you
should be especially wary, because odds are any deal to "help" you will
involve a mortgage or other rights to your home.
Avoid any offer that
you sell your home, with an option to buy it back.
This will always be the
quickest way to lose your home and any equity you have built up. Any
sale of your home means that you no longer have the rights of an owner.
Be careful of
advertised schemes to save home from foreclosure or personal solicitations
to help you avoid foreclosure.
"For profit"
foreclosure assistance has a very poor track record, many financially
strapped consumers pay money for short-term help or no help at all.
Nonprofit counseling or bankruptcy assistance is usually a better
alternative.
If your regular banker
or credit union cannot help you, odds are lenders and brokers who advertise
cannot get you a good deal either (however, request a good faith estimate
and a conditional loan approval to be sure).
Most loan brokers and
some lenders advertise as offering help to people who are credit risks.
These advertisements will usually get you involved with people who are known
as "hard money lenders" and who will almost always make your situation
worse. Brokers are often expensive to use. Many will shop for a
loan, which includes a big commission to them, rather than the best terms
for you.
Beware of anyone who
wants to consolidate all of your debts into one loan.
This never makes sense.
The solicitation shows that the person suggesting the loan consolidation is
not out to help you, but to fleece you.
Do not send an
"application or processing fee" to a lender who advertises "Bad Credit, No
Problem" and then asks you to call an 800 or 900 number.
This may just be a scam
to make off with the fee. Any "900" number call will also cost you
money which is very hard to get back.
Do not refinance
repeatedly with the same lender.
Encouragements to
refinance regularly can only mean that the lender is looking to make a large
profit at your expense by taking advantage of hidden costs of frequent
refinancing.
Do not refinance to
take advantage of offers of small amounts of cash or to get a gift.
These deals are almost
always designed by lenders to be very costly to you. Cash or a gift is
offered in order to convince you to make a deal which has no real financial
advantage for you.
"If it is too good to
be true, it is not true!"
TWELVE SIMPLE
REFINANCING RULES
When in Doubt, DO NOT
refinance or Consolidate debts.
Refinancing deals almost always come with significant costs. These
costs will usually just make matters worse in the long term.
Do not let debt
collectors pressure YOU into refinancing.
Debt collectors may try
to scare you into refinancing because they have no other way to get their
money.
Never (or almost never)
refinance unsecured debt into secured debt.
For example, do not
take out a mortgage on your home to pay off credit card or medical bills.
Unsecured creditors rarely can do anything to seriously hurt you if you fail
to pay. By trading in unsecured debt for a mortgage loan, you face
loss of your home if you continue to have financial problems. Do not
refinance unsecured debt into secured debt even if this allows you to lower
the interest rate you are paying.
Do not refinance
utility debts.
Most utility companies
have flexible repayment plans and you can usually work something out with
them instead of paying off utility debts through refinancing. Even if
you cannot work out a payment plan, it will almost always be cheaper to get
the utility turned back on then it will be to pay the refinanced debt.
If you have an existing
debt with a finance company or high rate second mortgage company, DO NOT
refinance that debt with the same company.
Ask the company to
agree to lower payments on the existing loan, but do not allow the creditor
to refinance that loan, which may involve prepayment penalties, new
closing costs, and perhaps even a higher interest rate. Never allow
the company to add new security-such as your home.
Do not turn your car
loan into a second mortgage unless you would rather lose your home than your
car.
If you are in danger of
losing your car, you may be tempted to pay off your car loan by taking out a
second mortgage on your home. You may save your car temporarily this
way, but you are putting your home in danger. Although repossession is
bad, foreclosure is worse.
Do not refinance a loan
with household goods collateral into a second mortgage loan.
Not only is your home
worth more than your household goods, but it is very hard for a lender to
repossess your household goods.
Do not refinance
low-interest debts with higher interest loans.
You should always
evaluate the interest rate on the new debt and look for a lower rate than on
the old debts. Furthermore, the "APR" (annual Percentage Rate) of the
new loan must be lower than the stated interest rate of the old loan, or you
will be losing money. You have already paid for certain up-front fees
in the old loan, and you must make sure that a new lower rate is actually
lower after both the old and new fees are accounted for. Also remember
that the interest rate is not the only consideration when evaluating a loan.
Other fees, charges, and expenses, which are not considered interest, may
make a loan, which looks cheaper into one, which is actually more expensive.
Do not include your
long-term first mortgage in a refinancing package.
Do not let second
mortgage lenders pay off your first mortgage and give you a new mortgage
equal to the first mortgage plus the new loan amount. The only
exception is if the new mortgage is for the equivalent length of time and
the interest rate is significantly lower than the old first mortgage-to
offset prepayment penalties, fees and charges.
Do not refinance loans
when you have valid legal reasons not to pay that debt.
If you have a legal
defense to repayment of a debt, you can raise that defense in court.
If you refinance with a new lender, the defense will not be available
against the new creditor. You should get legal defense to see if you
have a valid defense before entering the refinancing deal.
Watch out for scam
refinancing companies (as mentioned above).
Refinancing involves
great potential for hidden costs, fees, and other unfair loan terms.
Even some reputable lenders make unfair refinancing deals. When in
doubt, get help in reviewing the loan before you sign anything, you can walk
anyway from a bad deal even at the last minute. A lender that is
unwilling to let you get outside help should not be trusted. Another
way to avoid scams is to never let a contractor or salesperson arrange
financing for you and be wary of mortgage brokers. Unfortunately many
brokers find refinancing deals which involve big commissions for them rather
than good loans in your best interest.
You can cancel any
refinancing deal that involves a mortgage on your home.
In most refinancing in
which you give the lender a mortgage, federal law gives you the right to
cancel for any reason for three days from the date you sign the papers.
Make sure you cancel in writing before the deadline, you can, but need not,
use the cancellation form provided by the lender.
(Information is taken
from the book "SURVIVING DEBT" a Guide for Consumers Third Edition from the
National Consumer Law Center, America's Consumer Law Experts)
Types of Loans
The "typical" mortgage,
if there is such a thing, is a 30-year loan at a fixed interest rate, with
equal payments made monthly. This type of loan offers the security of a
fixed payment amount that you can factor into your budget. The amount of the
payment is allocated between interest and principal based on the declining
balance of the loan; in the earlier years a larger part of the payment goes
toward interest. (Your lender might calculate the interest using either the
"30/360" method, in which it is assumed that a year consists of 12 equal
30-day months, or the "actual number of days" method, in which interest is
calculated more precisely based on how many days are in each month and
exactly when your payment is received.)
As you begin your search for financing of your home
purchase, you're likely to be faced with alternatives to this traditional
arrangement:
- 15-Year Mortgage
- Adjustable Rate Mortgage
- Balloon Mortgage
15-Year Mortgage
Some lenders have begun offering 15-year loans. A
15-year loan gives you the benefit of a shorter loan life, meaning you pay
significantly less total interest on the loan. Since the loan term is
shorter, however, you have to pay more each month--not double the amount of
a payment on a 30-year loan, but significantly more, nonetheless.
For example, on a $100,000 loan at 10% interest,
your monthly payment would be about $1,075 for a 15-year loan term, compared
to $875 for the 30-year loan. However, the $200 difference in the monthly
payment saves you over $120,000 in total interest. (These figures do not
take into account any payments you would have to make each month to be put
into escrow for property taxes and insurance.)
Adjustable Rate Mortgage
In comparison to 30- and 15-year fixed-rate loans,
an adjustable-rate loan provides for a variable interest rate over the life
of the loan. The rate usually doesn't change each month--generally it is
adjusted each year on the "anniversary" of the loan. The new rate is tied to
some "index" in the larger financial community--the rate paid on Treasury
bills or the prime rate, for example. The original terms of the loan
generally specify a maximum (and frequently a minimum) interest rate you
might have to pay.
An adjustable rate mortgage can be more affordable
up front. Usually the initial interest rate is significantly lower than you
would get at the same time for a traditional fixed-rate loan, so you pay
less interest in the early years when the principal on which the interest is
calculated is at its highest. Be sure, though, that you understand all the
terms of the loan before you commit yourself. You'll especially want to make
sure that you'd be able to handle the monthly payment if the interest rate
rose to its maximum.
Balloon Mortgage
A balloon mortgage starts out like a traditional
mortgage. You make equal monthly payments according to a schedule calculated
as if it were a long-term mortgage. But the loan is really short-term. At
some point--3 years, 5 years, or 7 years into the life of the loan are
common-- you'll be required to pay off the entire remaining balance of the
loan. The lender may, but is not obligated to, refinance the loan at that
time, and if it does, the terms and interest rate are subject to the
prevailing rates at the time of such refinancing.
Interest Rates
Interest rates vary from lender to lender and from
day to day. The financial sections of many newspapers include a daily or
weekly compilation of current interest rates being charged by the major
lenders in the area for various types of loans. Be sure to check on the
rates being offered by smaller lenders, too.
It can pay to shop around for the best interest
rate. Consider a $100,000 30-year fixed rate mortgage. At an interest rate
of 8%, your monthly payment would be about $733 and you'd pay over $164,000
in total interest over the life of the loan. At 9%, your payment would
increase to $804 and total interest to over $189,000--a $25,000 increase for
just 1% of interest!
Even as little as a quarter of a percentage point
of interest makes a difference. The same loan at 8.25% carries a $751
monthly payment. The $18 monthly increase in your mortgage payment costs you
about $6,000 in interest over the life of the loan. You can save about the
same amount per month and over the life of the loan if the interest rate is
only 7.75%.
Be sure, though, that as you inquire about interest
rates and other terms at various lenders that you're comparing apples to
apples. An 8% interest rate on a fixed-rate mortgage is not the same as 8%
on an adjustable rate mortgage. Be sure you know the type of loan you're
being offered.
Applying for a Loan
When you apply for a mortgage loan,
the potential lender will look at a variety of factors to determine if
you're a "good risk":
- Current Cash Flow
- Current Net Worth
- Credit History
The process of applying for a loan basically
consists of answering all the lender's questions (in the form of a printed
loan application) about your financial history. The time it takes to get the
application approved can vary, so ask your lender at the time you complete
the application how long the process is expected to take. If you have
included a financing approval condition in a binding purchase agreement, be
sure to let the lender know of the deadline for satisfying the condition.
The federal Equal Credit Opportunity Act prohibits
discrimination in any aspect of a home loan transaction on the basis of
race, religion, age, color, national origin, receipt of public assistance
funds, sex, marital status, or the exercise of any right under the Consumer
Credit Protection Act. If a lender rejects your loan application, you are
entitled to know the specific reasons for the rejection, in writing.
If you're still looking for home to buy but are
concerned about whether you would be approved for a mortgage loan, you might
want to prequalify with a lender so that you know how much house you can
afford. Return to "Financing a Home" topics
Current Cash Flow
The lender will ask you for the amount of your
current monthly income. You'll probably be asked to provide employment
information so that the lender can verify your salary or wage income. You
should also indicate your other sources of income investments or child
support, for example) and provide proof of these as well.
You'll be asked to provide information about any
other debt on which you make regular payments, such as a car loan, child
support or alimony, and credit cards. You also should be prepared to answer
general questions about the amounts of your other regular expenses, such as
utilities, groceries, child care, and the like.
Lenders use several tests to determine what level
of monthly mortgage payments your current and projected cash flows will
support. Read "Determining How Much You Can Afford" to get an idea of how
they use the numbers you provide.
Current Net Worth
Your net worth is calculated by adding the current
value of all of your assets (checking and savings accounts, investments,
automobiles, and so on), then subtracting the amount of all of your
outstanding debts (existing home mortgage, car loans, credit card balances,
and the like). A significant amount of net worth may help overcome a weaker
level of cash flow in analyzing how much mortgage financing to extend to
you.
The lender will also look at your assets at the
time of your application to determine the amount that you are able to
provide as a down payment. If you will be borrowing money from another
source, or receiving a gift from relatives to make the down payment, your
lender will want to know that as well.
Credit History
A lender generally will request a credit report
regarding your credit history. The credit report will show your payment
history with respect to credit cards, car loans, other loans, and other
types of credit. It also may show judgments that have been obtained against
you, as well as any proceedings in which you declared bankruptcy. Because
lenders do have some latitude in deciding to whom financing should be
extended, if your history includes unfavorable items, it may be helpful to
explain the circumstances.
Real Estate
Other Costs
Settling on a price and making monthly
principal and interest payment are only the most obvious of many costs
associated with the purchase of a home.
Click to read about:
- Earnest Money
- Down Payment
- Points
- Escrow
- Closing Costs
Earnest Money
When a purchase offer is submitted by the buyer to
the seller for the seller's consideration, it is customary for the buyer to
pay "earnest money" that is deposited with a real estate agent or other
third party agreeable to the buyer and seller. The purpose of earnest money
is to show the seller that the buyer is "earnest" about closing the
transaction. The amount of the earnest money varies with local practice, but
may be from 1 percent to 10 percent of the purchase price.
There is always a lapse of time from the date that
the offer is signed by both parties until the closing date. If the buyer
unreasonably refuses to complete the transaction, he or she may be obligated
to forfeit the earnest money to the seller. This can be viewed as
compensating the seller for the fact that the residence was "off the market"
and unavailable for sale from the date that the offer was accepted until the
date that the buyer refused to complete the transaction. On the other hand,
if it is the seller who unreasonably cancels the transaction, the earnest
money is returned to the buyer. If the agreement is completed, of course,
the earnest money is applied toward the purchase price of the home at the
closing.
Down Payment
Generally a lender will not finance the entire
purchase price of a home. As additional security for the lender, you will be
expected to pay some of your own money "up front" as a down payment.
Requirements vary from lender to lender and for different types of loans. In
general, however, you should have at least 10% of the purchase price
available for a down payment (over and above whatever you need for normal
living expenses). A down payment of 20% is even better for two reasons:
- The bigger the down payment, the smaller the
loan, and the less interest you'll end up paying over the life of the
loan.
- Anything less than 20% requires that you pay for
Private Mortgage Insurance (PMI), which insures the lender for the
difference between your down payment and 20% of the purchase price.
Points
Points are part of the charges the borrower pays to
obtain a home mortgage. (The term also describes certain charges that a
seller may agree to pay to the lender for the benefit of the buyer.) Points
sometimes are referred to as a loan origination fee or loan discount. Points
represent the difference between the prevailing interest rate and the
(lower) rate actually charged for the mortgage.
One point is defined as 1% of the amount of the
loan. Points increase the upfront cost of the loan, but a loan with points
carries a lower interest rate over the life of the loan than one without
points. For example, if the prevailing mortgage interest rate for a given
type of loan is 8%, the lender may offer the loan at 7% but charge the
difference, 1 percentage "point", up front.
Points paid in connection with the initial purchase
of a home (versus a refinancing) are treated as additional interest.
Therefore, if you itemize deductions on your Federal tax return, you
probably will be able to claim the points paid as deductible interest in the
year you purchase your home.
Escrow
An escrow account describes an arrangement in which
funds are placed on deposit for future use to pay certain expenses, such as
property taxes or homeowners' insurance. Because the value of your home
secures the mortgage, it is important to the lender that the home remain
insured against casualty and that the property taxes are paid so that they
do not become a competing lien against the home. Therefore, the lender
requires that each month, as part of the calculated monthly mortgage
payment, the borrower pay into the escrow account 1/12th of the expected
annual charges for insurance and taxes. In fact, part of the closing costs
probably involves putting into escrow the value of one or two months payment
of each different expense covered by the escrow plan. The lender is then
responsible for paying the charges when they come due.
Closing Costs
Closing costs are all of the costs that will be
paid as part of the closing, the time at which ownership of the real estate
changes from the seller to the buyer. (Sometimes points are paid as part of
the closing costs, but that's really a separate item.)
Some of the closing costs typically are paid by the
buyer and others by the seller. Every situation is different, though, and
the parties can allocate the closing costs between themselves however they
choose, so long as they both agree.
Closing costs can include any or all of the
following charges (listed in no particular order):
- Loan origination fee.
- Appraisal fee.
- Credit report fee.
- Lender's inspection fee.
- Mortgage insurance application fee and premium.
- Cost of title search, examination, and/or
insurance.
- Document preparation fees.
- Notary fees.
- Attorney's fees.
- Cost of Survey.
- Prepaid property taxes and/or insurance to be
put into an escrow account.
- Document recording charges: deed, mortgage,
mortgage release, and/or transfer taxes.
Although "closing costs" as a whole are made up of
several individual items, as a rule of thumb you can estimate that the
charges will total about 4% to 6% of the loan amount.
Making an Offer
Whether you visit every "open house"
for a month of Sundays or stumble upon the perfect house your first day out,
once you find the house you want to buy you can begin negotiations with the
seller. The whole offer-counteroffer-counter/counter/offer process is
legendary for the stress it causes the parties, but at its heart is a
contract to transfer property from one party to another for an agreed price.
Before entering into a purchase agreement, you
might want to present a "letter of intent." Generally non-binding, an Intent
to Purchase Real Estate document outlines the basic terms and conditions
proposed. With the letter of intent, both parties can document the terms
they've already agreed on, without locking themselves into a binding
obligation to complete the transaction. This is useful:
- To minimize understandings.
- To document progress already made.
- To provide a lender with evidence of how the
transaction will be structured.
- Optionally, to prevent the seller from further
negotiations with other parties during your discussions.
The most important terms and
conditions to be included eventually in the purchase agreement (and
documented in the letter of intent as well) are:
- Description
- Restrictions
- Fixtures and Personal Property
- Purchase Price
- Possession
- Inspection
- Conditions and Contingencies
- Stand Still
Description
The street address and/or the legal description of
the property should be included in order to identify the exact real estate
that is the subject of the negotiations. The legal description should be
entered, if known, but a street address is often sufficient for the letter
of intent. The legal description can be obtained from the abstract of title
to the property or from a title insurance policy, or it may be available
from the local taxing authority responsible for real estate tax assessment
and collection. The legal description should be entered exactly as it
appears on the deed or other legal document.
Restrictions
Most real estate is subject to various reservations
or restrictions that place limits on the development and/or use of the
property. In order to avoid surprises later, all known restrictions should
be indicated by the seller in the letter of intent. Examples include:
- Subdivision covenants.
- City or county ordinances.
- Limitations on access to the property.
- Utility easements.
- Reservation of mineral rights.
Fixtures and Personal Property
Technically, real estate includes only the land and
the buildings and fixtures attached to the land. However, the parties also
may intend that various other personal property items be included with the
sale. It is best to specify in the letter of intent (and later the purchase
agreement itself) what items are to be included with the sale and what items
the seller expects to keep. As the buyer, you shouldn't make assumptions
about individual items.
Items such as a furnace are "attached" and are
expected to be included with the sale; appliances and decorations are often
"unattached" and the parties should specify which items will be included. In
some areas of the country it is common for the major kitchen appliances or
curtains to be sold with the house, for example. Like all other terms of the
contract, the buyer and seller can negotiate to include or exclude
individual items in the sale of the home.
Purchase Price
For many buyers, deciding the initial purchase
price to offer the buyer is the most difficult part of the process. Should
you offer what the seller is asking, or try to get a better deal by bidding
low and hoping the seller will accept your offer? There's no right or wrong
answer--every home sale is unique.
- Research the recent selling prices of comparable
homes and use that information as a guideline.
- Learn why the seller is offering the house for
sale, and judge whether he or she is in a hurry to make a deal (if another
home has been purchased already, for example).
- Find out how long the house has been on the
market. If it's been a long time, the seller may jump at any reasonable
offer, but if it's "fresh," that usually won't be the case.
The purchase price includes any earnest money that
is paid at the time that a binding purchase agreement is signed by both
parties.
Possession
The two parties will need to come to agreement
about a possession date and specify it in your agreement. The possession
date is often the date of closing. Typically, the parties agree on a target
date for possession but allow for that date to be accelerated by mutual
agreement.
Inspection
As the buyer, you may wish to have the property
inspected for structural or mechanical defects, plumbing or electrical
deficiencies, pest infestation, and/or radon gas or other environmental
problems. Generally the inspection will take place in the time between the
signing of a binding purchase agreement by both parties and the closing of
the deal. It is common to make the entire transaction subject to
satisfactory results of such inspections. Or, upon discovery of defects, you
can negotiate with the seller to fix such defects or reduce the purchase
price by an appropriate amount.
Conditions and Contingencies
In addition to all the other terms of the sale, the
sale may be conditional on certain events taking place in a timely manner.
It's common for the buyer to condition his or her obligation to purchase the
real estate on obtaining financing for the purchase. For your protection,
both the letter of intent (if you use one) and then the binding purchase
agreement should contain an escape clause that allows you to cancel the
transaction if you are unable to obtain financing with satisfactory terms.
The seller will be more comfortable, and therefore more likely to accept the
conditional offer, if you include the specifics of what type of loan you
seek, including the amount you will want to borrow, the specific interest
rate, and the length of the loan.
You also may want to condition the purchase upon
the sale of your current home or your ability to break a lease, perhaps
within a specified time frame.
The seller of the home you're trying to buy may
"condition your conditions" by insisting that you agree to deadlines for
satisfying any such conditions, so that he or she can otherwise resume
efforts to sell the property to another party.
Stand Still
During the course of negotiations, it is common for
the buyer to request that the seller pause from advertising or negotiating
for the sale of the real estate with any other party. In other words, the
seller should "stand still" in his or her marketing efforts. The seller
probably will insist that the stand still restriction end by a certain date
if the parties have not entered into a binding purchase agreement by then,
or end even sooner if the parties agree in writing to abandon their
negotiations.
Generally the letter of intent will not create any
obligation for further negotiations by either party, but often an exception
is made for the stand still provision. The seller can agree to be bound by
the stand still provisions but not be bound with regard to any other
obligations.
Real Estate
The Title
Title describes the rightful ownership of property.
When you purchase a home you are purchasing title to that real estate. Other
individuals or entities could have claims on the property you're trying to
buy. There could be unpaid mortgages or liens for unpaid taxes filed against
the property, for example, that "cloud" the title, and prevent you from
receiving "clear" title to the property.
One of the costs of financing your home purchase is
likely to be a title search initiated by the lender. The lender will arrange
for an attorney or an abstract or title company to search all the public
records for any documents or instruments that relate to the property.
Generally the seller is responsible for correcting any defects - removing
any "clouds" -- in the title so that he or she can convey good title to you.
Your lender may require you to purchase title
insurance in order to insure against loss should the title prove defective
in some way.
Real Estate
The Closing
The closing is the time at which ownership changes
hands from seller to buyer. The seller, the buyer, and their respective
advisors and representatives (attorneys and real estate agents) all get
together to sign all the paperwork necessary to transfer the property from
one party to the other and to put the loan in place with the lender -- the
deed, a promissory note and mortgage, assorted affidavits, documentation of
the closing costs, payment schedules, and the like. And of course, you'll
probably have to sign a big check!
As with any legal documents, you should make sure
you know what you're signing before you sign it. Take the time you need to
read everything thoroughly and ask questions of your attorney or the lender
if there's anything you don't understand.
Peggy
Wright Advantage System
Please feel free to contact me to further answer your
questions and concerns:
Click below for homes available in your area:
www.peggywrighthomes.com To view homes for sale in the United States.
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