Ask Realty Times

Written by Posted On Thursday, 17 November 2005 16:00

Question: I'm in the process of applying for a full documentation mortgage. I have submitted all my required tax forms, stubs, and bank info. My question concerns electronic signatures: Isn't there a security threat to consumers when companies accept electronic signatures? Suppose my loan officer purposely inflates my income to qualify me without my knowing it? Since everything is done electronically, what safeguards are there? Is there any way I can find what has been submitted to underwriters?

Answer: There are two steps you can take. First, keep a copy of any loan application you submit -- and bring it to closing. Second, at closing you will be asked to sign a final version of the application. Take a look at the finalized form to assure that what appears is correct.

The use of electronic signatures is increasingly common and with any new computer technology there are reasonable questions of safety and security. Several studies show, for example, that consumers are increasingly concerned with -- and in some case backing away from -- online banking.

If your concern is with a particular company or loan officer, go elsewhere.

Question: My husband decided to sell our home after I spent a year moving my Mom next door. She is 85-years-old and needs to have someone looking out for her. He got mad at me and threatened divorce me if I didn't sign papers to sell. So I did. Under duress.

We received an offer and then we counter-offered. I again did not want to sign. But I did. The buyer accepted and had a home inspection. I have decided not to go to the title company and I refuse to sign the final sale.

I was pushed into doing the signing not by my free will. I love my husband and I don't want to be divorced. But I also have to care for my mother. What happens now with me not signing? Can we be sued or worse?

Answer: The buyer has a contract to purchase the home. He or she expects to close within a given time. On the basis of the sale agreement the buyer may have undertaken significant moving expenses, sold a home and had other costs. So yes, if you do not go through with the transaction you can expect the buyer to seek damages and to even try and force the sale of the home.

But whether the home sells or not, you and your husband need to work out the disputes which threaten your marriage. A counselor or cleric may be able to assist with marital issues. Also, before closing you need an attorney to review the contract concerns you face.

Question: I graduated from college six months ago and have been lucky enough to have been gainfully employed since. I've been renting for the last five months and can't stand the fact that I'm helping to pay someone else's mortgage.

After talking with a close friend from work who is in an identical situation, we thought it might be a good idea to go partners on a house. We have done some research and apparently the market in this area has appreciated at an average of 28 percent over the last three years. Both of us being in our early twenties, we are not looking for a long-term investment because within a few years we both expect to be heading in our own directions (marriage, families, and all that good stuff), so we are planning on getting an interest-only mortgage and selling after two or three years.

If we pursue this, we will be renting out a room to minimize our monthly payments. While we do not expect a 28 percent appreciation each year, at a minimum we are hoping to cash out on a return equal to the amount we each pay towards the mortgage (plus the costs of buying and selling) and in a best-case scenario making some money to put towards another down payment. Are our goals unrealistic? Is there something we are missing?

Answer: In most markets and in most times it is very difficult to sell a home after two or three years because it is unusual to have enough appreciation to cover the acquisition cost of the property plus the expenses associated with selling.

That said, we have seen substantial appreciation in many markets during the past few years -- and we are now hearing of marketplace slowdowns in some areas as interest rates rise. Thus it is important to understand that real estate values do not rise in all places and at all times.

Rather than selling after a few years, an alternative strategy might be to refinance if values rise and to then rent the property. See brokers and loan officers for details.

Also, if you are going to share ownership you need a written agreement which addresses such matters as who is responsible for what, how profits and losses will be divided and what happens if one owner wants to sell and the other wants to hold. See an attorney for details. Also, be sure to ask about wills and living wills for each of you.

Question: Do you have an idea whether the proposed new tax laws will still allow investors to depreciate property? Also would interest on investment property be expensed fully?

Answer: To this point there have been tax reform recommendations from a presidential commission but there is no new tax law, there may not be one for years, there may not be one ever and if there is a new tax law it may be radically different from the commission's proposals as well as the current system. In the absence of any hard information it's not possible to comment.

Question: I purchased a property in August. My contract said that all the contents of the previous owners would be removed but they left a lot of stuff in the house. Also, some repairs were supposed to be done that weren't. What is my recourse? Or is it too late to do anything? This is my first time purchasing property and I really don't know what I'm doing.

Answer: Sellers are typically required to leave a property broom clean. At the walk-though prior to closing you could have checked to determine if the requirements of the sale agreement had been met. If not, you could have insisted that the settlement provider set aside funds to clean up the property and make repairs.

With settlement past it will be very difficult if not impossible to get compensation from the sellers.

Question: My friend and I plan to buy a ranch, then divide and rebuild it into two independent units (like two townhouses, etc.) Is that possible? If it is possible, what permits are required? How do we apply?

Do we need to obtain the permits before providing an offer to the seller? If we get the permit, we can sell each house as an independent unit later on?

Answer: Subdividing property is an increasingly-complex process. To start, you might want to make your offer contingent on zoning and approvals satisfactory to you. To sell the homes individually they would need to have individual titles. You will need to be certain that the land can support two homes in terms of water and sewage.

Do not go further with this -- and sign nothing -- until you speak with an experienced real estate broker who handles subdividing and a local real estate attorney.

Question: Everyone keeps hearing the housing market is about to burst. Now, I'm sure land follows this pattern to some extent but should my parents consider selling their lots? Doesn't land retain more of its value in the real estate market better than a property with a house built on it?

Answer: You have to ask which land and which house. In other words, the general history of land sales and home values do not matter because all properties are unique. The real question is this: Would your parents prefer the lots or the cash they represent? Could they use the money?

Question: I am doing some research on the history of administrative fees that real estate companies charge. As it stands now, I have an account with a seller to do all his business listings and he pays no administrative fees because his is a repeat customer. Where can I do more research on this issue?

Answer: Administrative fees began to emerge several years ago. Some brokers charge them, some don't.

The idea of an administrative fee is to increase the broker's revenue per transaction, often when percentage commissions cannot be increased. Alternatively, brokers who do not charge administrative fees sometimes believe they have a competitive advantage because they can offer services at a lower cost.

The best way to research the issue is to see what local (and competing) brokers charge -- and then to determine what approach is best within the context of your business.

Question: How long does it normally take to close a loan? It has been two and a half weeks and I feel I'm pushing these people faster then they normally go, they are proceeding at a snail's pace. How long is the lending and closing process supposed to take?

Answer: Depending on your location, it can take 30 to 60 days to close a transaction. The time can be delayed because of such issues as the inability to verify your employment and income, the results of a title search, credit issues, local customs, buyer and seller closing preferences and other factors.

Also, consider that a seller may not want a quick closing. The owner may need time to find a replacement property, pack and move.

Your purchase agreement should provide that closing will occur on or about a particular date. For details, speak with your broker.



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This column is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional services. If legal services or other expert assistance is required, the services of a competent professional person should be sought.

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