Title, Escrow & Real Estate Top Tips!

Written by Posted On Tuesday, 24 May 2016 07:46

To get your real estate life up to speed,  learn as much as you can about the unique things, you can do to make your real estate transactions easier, safer and more efficient!  With that in mind, my gentle suggestions are: 

My most important rule, is to get professional help from expert financial advisors, CPA's, attorneys & Realtors. Use, large, financially secure, title and escrow companies and other service providers! 

Also:

1.  Keep records & receipts of all home improvements, as they can reduce your capital gains exposure, by increasing your home's cost basis!

2.  If you create a trust, know that you don't have to call it the (your family name) trust!  It can be named anything!  For example, names like, the pencil trust, the superman trust, the misty eye trust, etc., could be used and would provide some anonymity to your transaction.  

3.  When you create a trust, make sure you transfer your home into the trust, by recording a transfer deed!  Should you fail to place the asset in the trust and then pass away, your heirs may have to file a petition and get court approval to sell the home. 

4.  Use the proper recorded documents and certified notaries for your state, as deed types and notary requirements may vary from state to state!

5.  Don't add a minor to your property deed without knowing that this may, require an outside (possibly court appointed) custodian, to protect the interests of the child, should you try to sell , refinance or transfer the home! 

6.  Do consider a creating a trust, if you have assets to protect, want to help avoid probate and want to possibly reduce/eliminate court fees and tax exposure for your heirs!

7.  Keep records of all financial transactions (consider online access to your accounts), for at least five years, in case you are audited! 

8.  If you & your spouse are audited, consider having only one go to the appointment, as this may help prevent the agent from hearing two different answers, to any questions that they may ask (I have seen this happen and it does give the auditor a reason to look more closely at your returns).

9.  If buying or selling property, carefully weigh the pros and cons of using an agent who represents both you and the other party (called dual agency)!  You might not want the same agent to know all of the finances, motivation and concerns, of both seller and buyer!  There may be a good reason to consider dual agency for expediting a transaction, though, know the risks and the rewards!

10.  Remember that a title company provides an insurance policy, not just a service!  Use a direct title insurer versus a title agent, if possible.  Check the financial stability and claims paying ability for the title insurer!  Remember that your agent may be working for a real estate company that has an affiliated business relationship with a lender, escrow or title company (maybe a potential conlict of interest)!  Get the details about any recommended service providers!

11.  If you do not have a trust and if you are considering adding any adult children (or any other adult) to the title of your property, realize that they will have partial control, of what can be done with your property (refinance or sale would most likely require their signature)!   Creating a proper trust can alleviate these concerns !

12.  If you get title insurance on your home and then transfer the property to another entity, such as a trust, corporation or Llc for example, check with the title company, to see if you need an endorsement, to keep your title coverage in place!  

13.  Make sure you read all documents you are asked to sign in a real estate transaction and understand the consequences, of mediation, arbitration or other clauses that may be in those documents!

Remember to consult with your attorney, CPA or trusted advisor!

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Fred Eckert

Fred Eckert,a 25+ year veteran Chicago Title Insurance sales representative. Google San Diego Title Insurance... An Assistant Vice President, specializing in foreclosures, Short Sales, Charitable Institutions, Bank Owned properties, investors, buying and selling real estate, title insurance and escrow, 1031 exchanges, real estate needs and Education. Has a Master's Degree in Business, & is an accomplished speaker and trainer. A retired USN pilot, he also held positions as Legal officer, Safety officer, Operations officer, Detachment Officer in Charge, Class Desk Officer and Division officer. He is a member of the Coronado Association of Realtors, the Pacific Southwest Association of Realtors, the San Diego Host Lions Club, the San Diego Creative Investors Association and the North San Diego Real Estate Investors Association and Friends of Children United Society. His book, "198 Super Things to Think, Say and Do", has been well received in the Investment and Real Estate communities. Search 'San Diego Title Insurance" on Google!
I make others lives happier, more successful, more rewarding with great ideas, great motivation and superb recommendations.

Specialties: Master's Degree in Business, Forecosure, Short Sale, REO, Marketing and Technology expert. Accomplished speaker and trainer.

www.fredeckert.com

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