Ask Realty Times

Written by Posted On Thursday, 21 September 2006 17:00

Question: I'm hoping to move to an area in Maine where homes are quite affordable, but I'm very confused over the information I'm finding. Housing prices are on the rise despite a drop in home sales, a drop in population and the asking prices of many homes are seriously out-of-line with the local economy.

Are price tags put on the homes with out-of-staters in mind? Is there some recommended reading on buying houses in an area like this?

Answer: It may be that other factors are determining home values. For instance, is there a huge demand for second homes from people in nearby states -- if so you could have both rising property demand and a declining population. Is the construction of new and replacement housing behind the state needs?

Homes are offered at a given price and that price is the same for both locals and out-of-staters. There cannot be a price discrepancy because prices are publicly available online where they can be seen by everyone.

For specifics, speak with local brokers and ask brokers to provide comps from past sales and recent listings.

Question: I have a few questions about selling my home. I have an agent already, but I'm dealing with him long distance.

There's a potential buyer already who I was told wants the house, but has some minor details about paying off bills before he would be qualified. Does this constitute a "qualified" buyer? Should my house still be on the market? How long will it take to close -- the buyer doesn't want a house inspection? What else needs to be done and shouldn't this already be set up by the broker knowing that there is a set closing date?

Answer: Whether local or long distance, the broker works for you. The questions you have should be answered by the salesperson. If the salesperson cannot or will not answer these questions to your satisfaction, then speak with the supervising broker. If necessary, ask to work with someone else.

If the buyer is unable to get financing then any interest in the property is worthless. However, it's often possible to clean up bills and negative items on a credit report and thus become a ready, willing and able buyer -- the type of buyer that deserves your attention.

The purchaser should be prequalified or preapproved for financing before making an offer. If that's not the case, the buyer should make an offer and then have a few days to meet with a lender and obtain a lender's letter saying that having looked at the buyer's credit report, income, assets and debts that the buyer is qualified to buy the home with a given loan program and at a given rate. The sale agreement will provide a date for closing.

A letter from a lender does not guarantee that financing will go through, but it's a good start.

For details, speak with your agent or broker.

Question: My mother is in the process of selling her home. She noticed the neighbor on her left has taken the liberty of eliminating the strip of dirt that lies along the property line and her foundation by pouring concrete all the way the length of the driveway even around the gas meter line and covering her bathroom drain clean-out access. He claims that my father gave him permission. She knows this is a lie and his reply was, "I know where the property line is; you just mind your own business." I visited him the following day and said that if he had nothing from my father in writing, then that concrete must go. If he does not act I said I'll hire someone to remove the concrete at his expense.

He said to me, "Like I said to your mother I know where the property line is; you better stop this harassment or else." My response was, "I have a copy of the original survey report that lists all linear measurements from area landmarks. If you think that the property line is the foundation of our house you're an idiot. If you wish to dispute this document, hire a surveyor and prove this incorrect."

What should I do? My mother is afraid they have been doing things to scare her and I have actually been involved in a physical altercation with this man's son.

Answer: Cease fire. A physical fight benefits no one.

You cannot tear up the concrete and then send a bill to the neighbor. What you can do is go to court and have a judge require that the concrete be removed at the neighbor's expense. This will establish the validity of your claim -- or his. See an attorney or legal clinic for details.

Question: My husband and I purchased a new home last December. At that time the home had the foundation, pad and course plumbing in place. We were told that framing would start in January and the home would be finished in July. Here it is September and we still have no closing date from this builder.

Is there somewhere we can go with our concerns regarding the builder? They have already cost us in time off from work, movers having to be canceled, extension of leases and the storage costs for household goods.

Answer: Take a look at your purchase agreement. The odds are overwhelming that it says the finish date is an approximation; that the work may be delayed because of weather, material and labor shortages, etc.; and that the builder has no financial responsibility for any costs created by delays.

Some offended buyers might picket outside the sales office or contact the local newspaper, but an alternative approach is to speak with other purchasers -- and then contact the consumer affairs office with your state attorney general.

Question: I have an ARM mortgage. The interest rate has went up twice in the last year, to a rate 12.7 percent. I am presently in a forbearance plan, paying nearly 50 percent of my original mortgage amount. I have struggled greatly to make these much higher payments, but have been paying on time (as per a couple different forbearance plans) for over a year now. I have been paying on time per the agreement, but because it is a forbearance plan, I am continually having "rolling, 120 day lates" on my credit report. This obviously constantly drops our credit score each month, which in turn, decrease our chances of anyone willing to refinance myself and my wife. I have requested and received the paperwork for a loan modification from my mortgagor, but I am in danger of not being able to pay this month's payment.

What can I do to not go into foreclosure, and lose my house? Can I ask for in the Loan Modification? Refinance?

Is there anything I can do to get the payment within my means to pay?

Answer: A 12-percent mortgage in a 6-percent or 7-percent environment means you cannot win in the present situation.

Sit down with a local housing group and see if more sensible financing is available. If not, sell the house before it goes to foreclosure and you lose marketplace leverage, then get a rental you can afford and rebuild your credit.

Question: We just built our dream home in a gated community with fewer than 100 homes. Then, after the community was about three-fourths complete, the builders announced that five lots were being sold to a rental company.

Now the subdivision is almost complete and 10 to 15 properties have been turned into rentals. The renters are breaking all the rules and leaving trash, grills, and baskets of clothing in the driveways.

We as HOA have turned the renters into the city and they have been fined, but they keep trashing our brand new neighborhood. Do we have any recourse against the builder?

Answer: If the builder sold five units to investors and as many as 15 units are now rentals, it follows that most of the rentals had nothing to do with the builder. Moreover, unless advertised to the contrary, the builder has every right to sell to investors, consistent with the rules of the community and any underlying financing.

If certain individuals are violating HOA and other rules then calling the police is the proper approach. Repeat offenders will face higher and higher fines and that will resolve the problem. Of course, as a matter of fairness you also want tenants to call the police if any sacred HOA rules are breached by property owners.

Question: Is there any source that would give me the days on market for the major markets in the US?

Answer: Yes. Many local Realtor organization and MLS systems publish such information. As an example, extensive price and sale data regarding properties in Virginia, Maryland, Pennsylvania, West Virginia and the District of Columbia can be found on public pages maintained by Metropolitan Regional Information Systems, Inc. No doubt, other MLS system provide similar information.

Question: My husband and I purchased an investment property in Florida with my mother-in-law (50-50). We mortgaged our half of the purchase price; she provided funds from a trust established when my father-in-law passed away.

The property was titled incorrectly -- in my and husband's name only. We want to sell our share to the trust, she has agreed to purchase. What documentation do we need to complete the transaction? Can we use a quitclaim deed, draw up our own sales contract and use a local title agency to prepare the new title?

Answer: You can't sell anything to anyone -- just yet -- because there is a cloud on the title. You need to get the title straight for tax, liability and estate reasons. Your first job is to contact the title company and get the title corrected. A look at the HUD-1 from closing will show that you only had enough financing to pay for half the property and that your mother-in-law actually owns the other half.

Once the title is straight, then have an attorney prepare the proper paperwork for the transaction and record the new title in local property records. Yes, this will cost more than a do-it-yourself effort but it will be vastly less expensive than the legal costs to undo a faulty quitclaim deed or to fight a suit by a family member who feels your mother-in-law unfairly gave away their portion of the family treasure.

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