Eva Bradley's Blog

I think this maybe a good article to pass on: its about loan modification, what is the trend and how banks are dealing with it.

http://blog.firsttuesdayjournal.com/?p=1772

 
At closing time, the last thing you want is a dispute over what goes with the house and what doesn’t. But it isn’t all that unusual for a buyer to think a particular item is included in the sales price, while the seller never had any intention of including the same item! Classic examples include window coverings, lighting fixtures and chandeliers. But just about anything which might be construed by a buyer as being “part of the house” has the potential for misunderstanding and disagreement.  

Generally, the law says that anything which is part of the land or attached to the house and is immovable, or can’t be removed without damage, or anything which is incidental or appurtenant to the land is real property. Personal property is basically everything else – the possessions you take with you when you move.  

The law recognizes the intent and manner with which an item is attached in determining whether an article or fixture is real or personal property.  Built-in appliances are usually considered real property, while free standing ones are usually personal property. If removing the item requires pulling nails, it’s probably real property. If it can be unscrewed and removed without leaving any damage, it might be an item ready to cause some disagreement!  

To avoid problems, both buyers and sellers should make detailed lists of any items to be included in the sale before closing.  As a seller, give your list of items to be included to the closing agent. If there is something you want to take with you, and it requires removing a screw or nail, put it in the contract.  

Remember, as with everything else in real estate, it’s all negotiable. If there is a unique item you want included in your purchase, you may be able to get it included at a reasonable price.  Especially if the item won’t fit in with the new home the seller is moving to.

Buying bank owned properties
There is a lot of interest in buying bank owned properties these days. A lot of information, some good and some bad, is floating around about the subject.   Often the information offered is for sale, with the promise that you can make a lot of money with little effort once you know “the secret formula”.  The fact is that there are no secrets, and to make money does require effort.

What’s an REO?
REO stands for “Real Estate Owned”.  These are properties that have gone through foreclosure and are now owned by the bank or mortgage company.  This is not the same as a property up for foreclosure auction.  When buying a property during a foreclosure sale, you must pay at least the loan balance plus any interest and other fees accumulated during the foreclosure process.  You must also be prepared to pay with cash in hand.  And on top of all that, you’ll receive the property 100% “as is”.  That could include existing liens and even current occupants that need to be evicted. 

A REO, by contrast, is a much “cleaner” and attractive transaction.  The REO property did not find a buyer during foreclosure auction.  The bank now owns it.  The bank will see to the removal of tax liens, evict occupants if needed and generally prepare for the issuance of a title insurance policy to the buyer at closing.  Do be aware that REO’s may be exempt from normal disclosure requirements.  In California, for example, banks are exempt from giving a Transfer Disclosure Statement, a document that normally requires sellers to tell you about any defects they are aware of.

Is it a bargain?
It’s commonly assumed that any REO must be a bargain and an opportunity for easy money.  This simply isn’t true.  You have to be very careful about buying a REO if your intent is to make money off of it.  While it’s true that the bank is typically anxious to sell it quickly, they are also strongly motivated to get as much as they can for it.  When considering the value of a REO, you need to look closely at comparable sales in the neighborhood and be sure to take into account the time and cost of any repairs or remodeling needed to prepare the house for resale.  The bargains with money making potential exist, and many people do very well buying foreclosures.  But there are also many REO’s that are not good buys and not likely to turn a profit. 

Please check out available foreclosure homes in your area.

Homeowner warranties
A home warranty pays repair or replacement costs for the mechanical systems and built-in appliances that break down in a home. Warranties can be purchased by either the buyer or seller. When the seller is paying for the warranty, it is usually paid for and goes into effect at closing. The coverage period is normally one year.

There are many different companies offering home warranties and coverage of individual policies can vary widely. I use Old Republic Home Protection for over 10 years now, not only for my clients, but also on my own home. 

Usually, central heating and air conditioning systems, electrical, plumbing and major appliances are covered. It’s important that you read the policy closely and understand what is and is not covered.  The cost for a one year home warranty typically runs between $300 and $600, depending on the size of the home and the specific types of coverage.  In addition to the policy premium, there is normally a deductible of $50 – $75 to pay when making a repair claim.  

There are some very good reasons to pay for a home warranty when selling your home.  Providing a warranty can help set your home apart from the competition. Buyers will appreciate having a warranty and will feel more comfortable about buying your home without worrying about hidden problems. Providing a warranty can even result in a higher price, offsetting the cost.  Certainly it can make it easier for a buyer to make an offer. These assets make the home warranty an excellent marketing tool.  

Old Man Winter is just around the corner, settling in for a long damp, wet, foggy season here in California, but snowy, stormy and chilly elswhere.

Before the temperatures dip too far south, follow these simple guidelines to winterize your home and save money on utilities.

Inside Your Home

• Have your furnace system serviced to ensure it’s working efficiently and not emitting carbon monoxide.
• Clean permanent furnace filters and replace paper or disposable filters.
• Replace the batteries in smoke and carbon monoxide detectors.
• If you have a wood stove or fireplace, have your chimney swept thoroughly. It should be cleaned before the soot build up reaches one-fourth inch thickness inside the chimney flue.
• Check your hot water heater for leaks and maintain proper temperature setting (120 degrees recommended by Department of Energy). On older water heaters with less insulation, for every 10 degrees Fahrenheit you lower the temperature, you save 6 percent of your water heating energy.
• Check the attic to see if insulation needs to be added or replaced. This is the most significant area of heat loss in many homes, so it is also important to see that it has proper ventilation. Inadequate ventilation could lead to premature deterioration of the insulation materials. You may also need to check insulation in exterior walls, crawl spaces and along foundation walls.
• Check all windows and doors for air leaks. Install storm windows and putty, caulk or add weather stripping as needed.
• Check basement and cellars for seal cracks or leaks in walls and floor.
• Make sure all vents are clean and operating properly.
• Clean and vacuum baseboard heaters, heating ducts and vents.
• Remove or winterize air conditioning units.

Outside Your Home

• Store or cover outdoor furniture, toys and grill.
• Purchase rock salt for melting snow and a shovel or snow blower if you don’t already have one. Make sure you have the right kind of gas and oil on hand for your snow blower in the case of an unexpected snowstorm.
• Caulk joints and minor cracks on exterior walls and siding.
• Look for deteriorating finishes. Minor problems can be patched to preserve the wood. Put bigger jobs, such as scraping and refinishing painted or stained areas, on the calendar for next spring or early summer.
• Drain and shut off sprinkler systems and other exterior water lines to avoid frozen and broken pipes. Leave all taps slightly open.
• Insulate exterior spigots and other pipes that are subject to freezing but can’t be drained or shut off.
• Rake and compost leaves and garden debris, or put out for yard-waste pickup.
• Clean storm drains, gutters and other drain pipes.
• Check the foundation for proper drainage. To do this, spray yard with a hose to see if water runs away from the house. A little shoveling to reshape the earth next to the house may make the water run away from the foundation.
• Make sure dirt or piles of wood don’t come into contact with or touch siding, inviting termites and carpenter ants into the house.
• Seal driveway and walkway cracks, if needed, before ground freezes regularly.
• Inspect the roof for loose, damaged or missing pieces.
• Check attic vent openings for nests or other blockages.

Please, do not forget to pay attention to your vehicles, boats, RVs and yard equipments!

Environmental Issues

It seems that we hear a lot about environmental concerns these days. Much of it is simply the result of a greater awareness than in the past. And even though there isn’t anything to be concerned with in most homes, there are still a number of potential home environmental issues that buyers should be aware of. When buying a home, these issues should be addressed by the NHD Report, (Natural Hazard Disclosure) if they apply.

• Water quality is probably the most common concern and the one most often tested for. Typically, a basic water quality test will check pH, water hardness, the presence of fluoride, sodium, iron and manganese, plus bacteria such as E-coli. Additionally, water may be tested for the presence of lead or arsenic.
• Lead based paint in homes built before 1978, may be present. Generally, if the lead based paint is in good condition, not cracking or peeling, it is not a hazard. If the condition is hazardous, the paint will either need to be removed or sealed in such a manner as to eliminate the hazard.
• Radon is another common environmental concern with the home is. Radon is a radioactive gas that comes from the natural decay of uranium in the soil. Pretty much all homes have some radon present; tests can determine if the level present is higher than what is considered safe. If the level is too high, a radon reduction system will need to be installed.
• Asbestos was used in many types of insulation and other building materials in older homes built more than 30 years ago. If the asbestos is releasing fibers into the air, it needs to be removed or repaired by a professional contractor specializing in asbestos cleanup. But, if the asbestos material is in good repair, and not releasing fibers, it poses no hazard and can be left alone.

If you are buying a property that was built more then 30 years ago, without a Realtor’s assistance, make sure the seller will provide you these disclosures to you.

This came just a minute ago from Cliff Cooler, the CEO of Central Valley Association of Realtors:

ADVANCE FEES FOR LOAN MODIFICATIONS NOW PROHIBITTED

“On October 11, 2009, Governor Schwarzenegger signed Senate Bill 94 (Calderon), and the legislation took effect immediately upon his signature. Thus, California law now prohibits any person, including real estate licenses and attorneys, from demanding or collecting an advance fee from a consumer for loan modification or mortgage loan forbearance services affecting 1 – 4 unit residential dwellings.”

Unfortunately, this came just a little too late for some homeowners, who already paid thousands of dollars modifying their loan, but it never got done…

Real estate in Tracy is moving along; we have a shortage on available homes.  Demand is high, many buyers need homes, not enough to choose from.  Interest rates remain very low. We are seeing multiple offers on all reasonably priced homes. Home prices are slightly higher. This is a good indicator that we are in need for new listings.

Take a look at the statistics:

As of October 7, we have a 192 active listings.

From September 27th to October 3rd, the number of homes changed status to “Sale Pending” was 48.

Since October 1st we have 18 homes Sold in and around Tracy.  See chart below.

The following article is worth to pay a little attention.   It is interesting how the economic turmoil affecting not only those, who are just a couple of years from retirement, but younger generations as well:

“No Rest for the Weary: 75% of Americans Plan on Working as Long as They Can

 Print Article

RISMEDIA, October 7, 2009—A new study released by Bankrate, Inc. shows that the vast majority of working Americans plan to work as long as they can during retirement age, showing a redefinition of how Americans view traditional retirement plans. The poll, conducted by Princeton Survey Research Associates International, is included in the new Bankrate Financial Literacy series on Retirement Income. 

Among the findings:

-75% of Americans plan to work as long as they can during retirement age. 39% plan to work because they enjoy work while almost one-third plan to work because they’ll need the money;

-Although so many Americans plan on working through retirement age, only 15% of retirees polled are currently employed compared to 84% who are not;

-55% of retirees worry about money and wish they had saved more compared to only 38% who think they have enough money to retire without worry;

-The financial crisis has affected many people’s plans to retire with only 31% expecting to retire on time as planned while 40% plan on postponing their retirement plans;

-53% of Americans made no changes to their investments due to the financial crisis compared to 14% who went with a more conservative investment approach;

-Almost 40% of Americans are investing for retirement on their own with 16% using an asset allocation plan, 15% picking mutual funds based upon performance, and 8% with a target date fund. Twenty-seven percent use a financial adviser for decisions while 18% don’t invest in a retirement plan and 9% don’t utilize any strategies;

-Due to a lack of pension plans like today’s workforce, 26% of retirees polled are relying solely on Social Security for their income. 

“This poll offers an interesting insight into Americans’ views of employment and retirement,” said Julie Bandy, editor in chief at Bankrate.com. “Seventy-five percent of today’s generation plan to work as long as possible, a far cry from that of previous generations. Falling home values and losses in retirement accounts are forcing many Americans to re-evaluate their retirement needs. “

Please, ckeck out this monthly publication; it contains relevant information not only about mortgages and real estate in general, but good house keeping tips and other useful information as well. Please check out my October Newsletter.

If you have something in mind that could be included in the next month’s publication, please feel free to let me know about it.  I would be glad to insert it for you.