Realty Times February 1, 2002

Ask George: Questions From Consumers
by George C. Stephens

Dear George: "My home was listed for sale for quite a long time. At that time I was late on two mortgage payments. I received an offer about two months ago. My agent advised me not to make a mortgage payment that month. That contract fell through. Now I'm facing foreclosure. My agent started working with the bank to get late fees written off. She did that. I now have a lowball contract. The bank is willing to write off about $11,000. The day before closing, I found out that the buyer is my agent's partner. They work together. It seems my agent never worked on my behalf." -- Steaming

Dear Steaming: Contact your state's agency or department that regulates real estate licensees. For a list of regulatory sites, visit ARELLO. If what you write is accurate, you may have a legitimate complaint against your agent and the agent's broker. Many states maintain a "recovery fund" to reimburse consumers who have obtained uncollectible money judgments. Also, consult an attorney for legal advice before proceeding.

Dear George: "We're building our dream home in a golf community. It's located in the Pocono Mountains in Pennsylvania. Our contractor tells us that he can provide either a 'poured concrete foundation' or a 'superior concrete wall foundation.' Which do you recommend?" -- Puzzled in PA

Dear Puzzled: Is your contractor stating that a concrete wall foundation is superior to a poured concrete foundation? If he is, he may be able to provide structural engineering reports to support this claim. The very best advice you can obtain, however, is from a qualified engineer whom you have hired to visit the site and answer this specific question.

Dear George: "Our insurance company increases the amount of our homeowners coverage each year. They say that the increase is for replacement cost. They also say that the increase does not necessarily reflect market price. I do not feel like paying an additional insurance premium for that. Do I have a choice?" -- Over Insured

Dear Over Insured: You probably elected to receive an annually-adjusted premium to cover "replacement cost" when you bought your homeowners insurance policy. Had you not chosen that provision, your policy would only cover damages up to the replacement cost at the time when you purchased your home. A replacement cost insurance policy monitors the current costs to replace your home in your specific area. The good thing about this type of policy is that in the event of a covered event, your insurance company should pay for the actual cost to replace the damage (less your deductible). The "bad" thing is that as prices charged by all of the vendors involved in the rebuilding processes increase, so does your insurance premium. Contact your insurance agent to obtain the "pro's and con's" involved in changing your type of coverage.

Dear George: "We closed our home purchase at the beginning of this month. We were surprised to receive a communication from a new lender. The new lender stated that our 'previous lender' was the mortgage broker. The letter also states that the new lender is now our 'future lender.' We always thought that the major lender from whom we received the letter - our 'future lender', was also our 'previous lender.' At least, both lenders operate under the same company name. So, what are they? Mortgage broker or lender?" -- Really Confused

Dear Really Confused: I understand your confusion. A "mortgage broker" can usually locate loans that best meet your needs even though offered by different lenders. The term "lender" in thsi situation usually refers to a primary lender. That is, the institution that actually provides the funds to close your purchase. Thereafter, the primary lender may sell your loan on the secondary mortgage market. However, your primary lender typically retains the debt-servicing function; that is, collects your monthly payments. It appears, based upon the information you've provided, that your "mortgage broker" and your "Primary Lender" may have been the same company.


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George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.



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