Isi Wu’s Blog

I’m sure we all want to think that once married we’ll live happily ever after… Life sometimes doesnt work out the way you intend… things happen… just wanted to pass along the following article for you to think about….

(Article By Real Estate Attorney & Syndicated Columnist Bob Bruss)

 DEAR BOB: My mother, now divorced, owned a house with her former husband. But before the divorce papers were finalized, without my mother’s knowledge he changed his title to the house from joint tenancy with right of survivorship to tenants in common. He passed away recently. Now his nephew is claiming the house under his will. My mother is still on the title and loan papers. Can a joint tenancy title be changed without permission of the other joint tenant, and is my mother entitled to all or half of the property? –Leslie LeB.

DEAR LESLIE: For simplicity, I presume the house is not in a state allowing a married couple to hold title as tenants by the entireties (a special form of joint tenancy that cannot be terminated by one spouse alone). If the divorce settlement papers didn’t specify what was to happen to the house title after the divorce, each still owned half of the house after the divorce.

Unfortunately for your mother, a joint tenant with right of survivorship does not need permission from another joint tenant to change the ownership method to “tenants in common.” Also, her ex-husband could have sold his half-interest in the property or given it away without her permission.

Presuming the ex-husband executed and recorded a valid quitclaim deed from himself as a joint tenant to himself as a tenant in common, that broke up the joint tenancy without notifying your mother. The result is the ex-husband’s half of the house became subject to his will, which apparently left his half of the house to the nephew.

Under the law of virtually every state, your mother still owns her half of the house, but as a tenant in common and not as a joint tenant with right of survivorship. The fact her name is on the mortgage papers is irrelevant to the title.

Perhaps she should offer to buy out the nephew’s inherited half. Or maybe she should ask him to buy her out. Better yet, perhaps they should try to get along as tenant-in-common co-owners. For more details, she should consult a local real estate attorney.

Arm yourselves with information!!.. Knowledge is key to every success… Please pay attention to who you do business with!!…

Like sharks circling blood in the water, con artists have been out in force preying on desparate homeowners with offers to help get their mortgages modified so they can stave off foreclosure ~ for a Fee, sometimes a very big one!!…

Now California Attorney General – Jerry Brown is requiring “foreclosure consultants” to register with his office and post a $100,000 bond by July 1.  The intent is to help consumers avoid the shady characters who don’t deliver.  As the foreclosure crisis has grown, so has the number of desparate people who fall prey to scams.

“This arms California consumers with information so they can determine whether or not the person they’re working with is a fly-by-night operator”, said Scott Gerber for the AG.

Consumers can check out loan modification companies by calling the Attorney General at 800-952.5225.

A jury sided Thursday with Carlsbad real estate broker Mike Little in a closely watched lawsuit that pitted a local couple against the agent that helped them buy a home. The couple, Vern and Marty Ummel, claimed that Little neglected to mention recent sales in their neighborhood, leading them to overpay by about $150,000 for their home in July 2005.The case attracted national attention as it posed a hot question: What are the responsibilities of a real estate agent? The real estate camp was concerned that if the plaintiffs won Thursday, it would catalyze and focus a growing urge around the country to find someone to blame — and to hold financially responsible — when houses aren’t worth as much as their buyers once paid. Those who sided with the Ummels worried their case would be chalked up to rich people problems, a matter of a measly $150,000 in the scope of a million-dollar tract home near a golf course in North County.

With an enthusiastic and unanimous response, the jury found that Little had executed a reasonable standard of care when he showed his clients, Vern and Marty Ummel, more than 80 homes in a house hunt that began in May 2005, ultimately leaving them to their decision to pay $1.2 million for their house two months later.

In arguments delivered Thursday morning to conclude the jury trial that began last week, attorney David Bright said his client, Little, was being unfairly blamed for the Ummels’ house dropping in value.

“The Ummels want to own the most desirable house and pay for the least desirable house and have Mr. Little make up the difference,” he told the jury.

At a time when

housing market trouble has rocked the global economy, the individual roles of people involved in the basic housing transaction have come under fire. A soaring market this decade hid a multitude of mistakes, a plethora of cut corners and fudged appraisals, because buyers could sell for a profit, nearly no matter what.

But now that the value of housing has come unhitched from what once propelled it upward by double-digit percentages year after year, a spotlight has become trained on the topic of ethics in real estate. Scores of fraud cases, underpinned by inflated appraisals and collusion between buyers’ and sellers’ agents, have landed in national headlines and aggravated bank losses in a major nationwide housing slump.

And arguments in this two-week trial attempted to answer some of those questions: What right did the Ummels have to expect Little to know and tell them about all of the other nearby homes? What duty do buyers have to do their own research, to challenge what their agents and appraisers and mortgage brokers tell them?

At least in this specific case, the Realtor was found to have exercised sufficient care in helping the Ummels find their house, including helping them negotiate other offers they made on houses before they settled on this one. That made an important part of the case Vern Ummel’s admission on the stand that after looking at so many homes, he had a good sense of value in the neighborhood.As for the buyers’ responsibilities, juror after juror gushed praise for Little and heaped criticism on the Ummels’ failure to research the comparable sales themselves.

Bright argued the trial had illuminated the hard work that responsible real estate professionals, those that have been in the industry for a while, do for their clients.

“I think Realtors are scapegoats for a declining market,” Bright said after the verdict was reached Thursday afternoon.

“There are always people out there who will blame someone for something that is beyond their control.”But Marty Ummel, “devastated” by the conclusion of the case, said the jury’s decision enables real estate agents to skimp on information they provide to their clients.

“I think it sends a bad message to people about the real estate industry,” she said. “Evidently there is not the relationship of trust that I would’ve expected.

“The verdict marked an end of a battle that began soon after the Ummels bought a house on Amante Court in Carlsbad for $1.2 million in late July 2005. They were still unpacking when Marty found on their doorstep one day a flyer from another real estate agent, touting a recent sale of a similar-sized home down the street from the Ummels’. What caught Marty’s eye: that house sold six weeks earlier for $105,000 less than they’d paid.

When they received a paper copy of their appraisal after they bought their house, the Ummels noticed the comparable sales in the neighborhood had not just lower prices, but, in their view, better amenities and larger lot sizes. A few months later, they saw another flier for a house down the street that sold for $175,000 less.

The Ummels contended their agent had misrepresented a reasonable value to pay for their house and had breached his fiduciary duty to them, acting to protect his commission instead of their best interest. They filed suits in July 2006 to that effect against their agent, Mike Little, and Re/Max Associates, the parent franchise of 14 affiliated offices in San Diego County.

The Ummels picketed, carrying signs that exclaimed “Caution, Beware: All Re/Max offices are independently owned,” and “It’s our money; we want justice” to Re/Max offices around the county and even to the Greenwood Hills, Colo., national headquarters of Re/Max.

The original lawsuit named the appraiser and the mortgage broker, who each settled with the Ummels for $10,000.And though the case was decided in his favor Thursday, the impact of the picketing and the media attention over the last 18 months was significant for Little, Bright said.

“It’s been extremely hard,” Bright said. “Now, when he looks at a client, he’s got to wonder, what’s going to happen? Are these people going to second-guess me?”Marty Ummel said her efforts weren’t in vain. The jury spoke and the Ummels lost, but she said she was proud of herself for “doing what I thought was right.”"The fact that there’s dialogue on what Realtors need to do, the fact that it looks like the Realtors don’t need to do as much,” she named as aspects she was happy the case brought to the public consciousness.

Todd Lackner, a real estate appraiser not associated with the case, said the Ummels had “lost the battle but won the war” when it came to raising questions and delivering a hit to the reputation of real estate agents.

“I think it’s scaring Realtors more than anything else,” he said. “[Little] won the court case, but there’s a lot of other Realtors out there that are very concerned. Not just in San Diego. It’s got to be nationwide.

“I think people are a little bit more skeptical, more concerned, and rightly so,” he said. “If you don’t think this is the right value, don’t do it.”

 

 

I hope you will find the following snapshot of local Real Estate inventory interesting. The table represents aggregated values based on MLS data for the specified date.

* Mortgage rates were collected from publicly available sources  yahoo.com) on the date stated. The accuracy of the information and the availability of these rates are not guaranteed by the publisher. Rates are provided for informational purposes only and are subject to change without notice. Actual market interest rates may vary

Buyers! Please! Please!

1. Please do not believe what you hear or read from the Media.

2. Please listen to the advice of your Realtor.

3. Please believe us when we say the lenders are not willing to give away the properties.

4. Please understand that that the lenders are taking anywhere from 30 to 50 per cent loss on the home.

5. Please understand for the most part the lenders will not take less than listed price.

6. Please understand that when the property is in great condition and in a good location that the there will be multiple offers.

7. Please understand that when there are multiple offers, you need to offer more than listed price.

8. Please understand that real estate in the long run has always gone up in value.

9. Please understand that interest rates will not remain low forever and now is the right time to buy.

10. AND finally, Please understand that there are not any deals!… The deals are here right now!… Homes are ON SALE right now!!!

Following the credit crisis of August 2007, many mortgage lenders closed down. Those that are left have cut their staff due to low demand for mortgages. Also, it’s now necessary to actually qualify financially for a home mortgage. This adds time to the loan approval and funding process.

For most mortgages, home buyers are now required to have good credit. They need to provide verification of employment (W-2s or tax returns), verification of the funds needed to close (down payment and closing costs) and verification of reserve funds.

If the funds haven’t been sitting in your bank account for a few months, some lenders require proof of where the money came from. Be prepared to provide brokerage statements, and any other supporting documentation that will validate you as a bona fide borrower. Buyers who own other real estate will need to provide even more documentation.

HOUSE HUNTING TIP: It’s a good idea to start pulling together all of your financial documents as soon as you’re serious about buying a home. Ideally, the paperwork required by the lender should be forwarded to your loan agent or mortgage broker within a couple of days of contract acceptance. You can’t wait until the last minute to provide the lenders what they need and expect to close on time.

Before you write an offer, check with your mortgage person to find out how long it will take to process and fund the mortgage. Some lenders are taking 35 to 40 days from acceptance. So, you wouldn’t want to commit to a 30-day closing, if this is the case. Make sure that you allow sufficient time in your contract for the appraisal and formal lender underwriting approval. This could take two to three weeks, depending on the lender and on how diligent you are about supplying the documentation.

Your lender or mortgage broker will order the appraisal of the home you’re buying. It should be ordered as soon as possible. If you end up not buying the house, you might owe an appraisal fee. However, waiting to order the appraisal could cost you time.

Many lenders require a review appraisal, which is a second appraisal to confirm that the first one is accurate in terms of market value. Ideally, this should be done before you remove your appraisal contingency. If it can’t be done within that time frame, ask the seller for an extension.

Before August 2007, it was common practice for lenders to prepare the mortgage documents for the buyers to sign even though all underwriting conditions had not been met. For instance, the lender might have needed proof that you paid a charge-card account down to a zero balance.

Today, many lenders won’t issue the mortgage documents until all of the pre-funding conditions have been met. So, you need to be prepared to provide additional documentation that the lender might request, even if it’s at the last minute.

Work with a good loan agent or mortgage broker who will help keep you on track throughout the process. And, as outrageous as the lender’s requests might seem, don’t let it get to you.

Lenders have a lot of due diligence work to do to restore their credibility with investors. The housing market is dependent on investors buying mortgages so that buyers can buy homes.

THE CLOSING: Properly qualifying buyers for mortgages is long overdue.

Life is not about waiting

For the storms to pass…

Its about learning

How to dance in the rain…

Negotiation is back in style, and is likely to remain a necessary part of buying or selling a home in today’s beleaguered residential housing market. Other key elements to a satisfactory closing are flexibility, perseverance, creativity and diligence.

Needless to say, you need to work with the best real estate professionals you can find in your area. In most cases, it takes a team effort to put a home-sale transaction together and see it through to fruition.

HOUSE HUNTING TIP: Successful negotiations usually require give and take by both parties. It has been said that the sign of a successful negotiation is one where both parties walk away feeling they have won. It has also been said that the key to a mutually acceptable agreement is that both sides feel a little wounded.

A must in this market is a commitment to exhaust all possible ways to put and keep a deal together before calling it quits. Recently, it looked like a purchase contract was about to fall apart. The buyers had originally offered a price that seemed insultingly low to the seller.

The seller set his personal feelings about the price aside and countered the buyers’ offer at a price he felt was reasonable. The buyers accepted. As it turned out, the price was one that was halfway between the seller’s list price and the price the buyers offered. Splitting the difference is often a winning strategy.

The house in question had been well inspected before the buyers entered into contract to buy it. However, when it came time for the buyers to remove their inspection contingency, they requested a large monetary credit from the seller. Not only did the buyers discover a few health and safety issues that weren’t covered in the previous reports, they also developed a serious case of cold feet.

These buyers were able to find jumbo financing at a good interest rate. However, to obtain this financing, they had to make a larger cash down payment than anticipated. This left them feeling cash-strapped.

The seller refused to credit the buyers the amount of money they requested. However, he was willing to credit some money. Or, he would carry a second mortgage for the buyers so that they didn’t have to put so much cash down.

Flexibility gives the parties to a negotiation a way to explore options for making a deal or for keeping one moving forward. In order for the buyers in this case to feel comfortable closing the sale, they needed a concession from the seller in order to ease their financial strain. By offering to carry a second mortgage against the property, the seller found a way to free up more cash for the buyer.

As it turned out, the buyers elected not to take the seller-financing offer and accepted a monetary credit at closing.

Credits at closing require approval by the buyers’ lender. Most lenders have limits on how much money a seller can credit a buyer at closing. It is often equal to 3 percent of the purchase price, but cannot exceed the actual amount of the buyers’ nonrecurring closing costs. These are costs paid for the buyers on a one-time-only basis at closing, such as title insurance or a transfer tax.

A seller carry-back would also need lender approval. The lender in first position would want to ensure that the terms of the second mortgage were reasonable and would not be likely to put the buyers in financial jeopardy.

THE CLOSING: Sellers should carefully consider whether it makes good financial sense to carry financing for a buyer who is making a relatively small cash down payment.