San Lorenzo Valley Real Estate Blog

Patti Lyles

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Displaying blog entries 31-35 of 35

Pre-approval Means More than Just a Lender Letter

SLV BUYERS have to do more to get pre-approved

One of the most problematic pieces of the property-buying process these days is the financing contingency. Basically, this contingency says to the seller the buyer will buy his house contingent on the purchasers' ability to get a loan to finance it.

The financing contingency paragraph may give 7 to 14 days for the buyer to remove the contingency. If the buyer is successful, then the transaction moves toward closing. If not, the seller could have a null and void contract or he could be looking at a buyer in default.

The financing contingency paragraph (FCP) is very important. It's fraught with deadlines and I've seen a lot of agents get buyers and sellers wrapped around the axle on this one by mistake and cause some to lose money and others file lawsuits. It can be used as a means to hold the buyer to the contract, but it can also be used as a means by which the buyer can get out of a contract.

The FCP involves the buyer, seller and loan officer -- and possibly more parties depending on what type mortgage product you're looking over. If the house being sold is involved in a short-sale or foreclosure, the FCP may need to be accepted by a third party, not just the seller, before the contract is ratified.

In most contracts, the buyer puts up an earnest money deposit -- usually about 1 percent of the sales price of the house, but it could be more or less depending on the customary amount in your area. Nevertheless, if the buyer defaults on the contract (which could happen in various ways), the seller may have a right to keep the earnest money deposit. Again, this could be thousands of dollars.

One way the default could happen is through the FCP. So here are a few steps to keep in mind in removing this contingency and keeping your deposit safe and the transaction on track.

 

  • Apply for and get pre-approval for a mortgage before making an offer. This is so important in today's market. Even though you may have been watching home prices drop in the last few months, the price of money has not. It's been getting more expensive. Thus, if you apply for your mortgage before you've even gotten into the contract-writing process, then you'll already know your buying power, the lender will have already looked at the blemishes on your credit and verified your income and assets.

     

  • Name it and Claim it. Many contracts I've seen require the buyer to stipulate up front what type of loan will be used to purchase the house. This is so the seller can determine if the buyer is high risk or not and if they have generally good credit. Unless the property is being purchased with all cash, this part of the contract will most likely be filled out. It may stipulate if the loan is a conventional (or conforming) mortgage, or if it's a special type program such as FHA or VA (government-financed programs). Since you have to name the loan type of front -- be sure to carry out step 1 above.

     

  • Be honest about your credit history, your income and your assets. If you make $45,000 a year and UP TO $10,000 in bonuses -- that doesn't necessarily add up to a $55,000 income. If the lender writes your letter based on your stated income of $55,000, then only $46,000 can be verified once you've written your contract, then you may not be able to get the preferred lending rate and terms -- ergo, you may not qualify. While you may not be in default, it means you have to start all over again.

     

  • If your application starts going south, let the seller's agent know about it as soon as possible. The facts are the facts. If the lender starts letting you know you may not get your loan approved, don't keep it a secret. The seller needs to know so he can decide on whether or not to give the buyer more time or to cut bait and get back on the market.

    In essence, get the money part of your home-buying process wrapped up early. If you know what you qualify for in the beginning and you now what credit problems you have, these won't be a surprise on the back side, leaving you with few options and possibly less money.
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  • Drop in Long Term Mortgage Rates AUg 10th

    Felton Buyers your  Fixed 30 yrs your rate went down, because Job Creation, Higher Unemployment Lead to Another

    Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey (PMMS) in which the 30-year fixed-rate mortgage (FRM) averaged 6.59 percent with an average 0.4 point for the week ending August 9, 2007, down from last week when it averaged 6.68. Last year at this time, the 30-year FRM averaged 6.55 percent.

    The 15-year FRM this week averaged 6.25 percent with an average 0.4 point, down from last week when it averaged 6.32 percent. A year ago, the 15-year FRM averaged 6.20 percent.

    Five-year Treasury-indexed hybrid adjustable-rate mortgages (ARMs) averaged 6.33 percent this week, with an average 0.5 point, up from last week when it averaged 6.29 percent. A year ago, the 5-year ARM averaged 6.21 percent.

    One-year Treasury-indexed ARMs averaged 5.65 percent this week with an average 0.5 point, up from last week when it averaged 5.59 percent. At this time last year, the 1-year ARM averaged 5.69 percent.

    "Interest rates on prime conforming fixed-rate mortgages eased further in the past week, according to the Primary Mortgage Market Survey, even though other sources such as HSH Associates reported that jumbo fixed rates increased by a quarter percent or more last week," said Frank Nothaft, Freddie Mac vice president and chief economist. "Job creation fell short of market expectations, with 92,000 jobs added in July, the smallest gain since February, and June’s number was revised down by 6,000. In addition, the unemployment rate ticked up for the first time in four months to 4.6 percent."

    "Freddie Mac reported that the amount of home equity cashed out through refinancing totaled $76.7 billion in the second quarter. Although slightly higher than the previous quarter’s level, it still reflected a drop of $24.5 billion compared to the same quarter last year. Both the tightening of underwriting standards and slackening house price appreciation are possible contributing factors to the decline."
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    Brookdale Real Estate: Can you pick up on that property's energy.

    San Lorenzo Valley Realtors can tell you that when they go into a home, they pick up on that property's energy. I don't want to sound too "out there", but if a sensitive, seasoned agent (one who's been in a lot of homes) walks into a home where there's been a divorce, for instance, a lot of times he or she can pick up on it. Maybe it's something about the lack of clothing (the half empty closet) or some missing furniture...or maybe it's something else? The sadness can hang heavily in the air. It's not measurable, but it's there.

    Just this week my husband (who goes on tour with me a lot), and I walked into a home that just "felt creepy". There was a coldness to the house, we couldn't put our fingers on it but we agreed something really bad had to have happened there. Turns out there'd been a murder in that home not long before. That's what I mean, a place can just feels different - sometimes good and sometimes downright creepy.

    So maybe you aren't in and out of San Lorenzo Valley homes all the time. Perhaps this will ring a bell, though. You know that feeling you get when someone is looking at you, you turn and see that you were right? You felt that person's gaze, so you turned and sure enough, someone was watching you across the street.  But sometimes there's no one there and you have that “feeling”. 

    Have you walked into a listing that was a piece of crap but loved it.  Something grabs you….. It just felt “GOOD” hanging out at the old place and on the property? Recently there was a listing near downtown Ben Lomond @ 9540 Love Creek that grabed you as you drove in.

    That's what I'm talking about.

    Stories like these have been with us forever, and I find them fascinating after a personal experience I had with one my buyers bought in Brookdale on Clear Creek. It started the day I went to preview this house with my husband and mother.  I felt “weird” like someone was trying to embracing me when I walked in the front door.  That’s unusally and hard to do because I’m a very big woman.  This feeling “wanted me to stay” an hang out.  When we started to lock-up the unique door lock jammed with me on the inside. When I just decided to just go out the side door and the back ---I couldn’t.  I played with the front door for a long time to get out.

    I don’t think it was an accident that a prospect called me when I got in the car and asked to see it the next few days.  I knew than, that I was going to be the one to get a buyer to make this place feel "loved once again". Now I’ve become a ghost hobbyist soon after that.  And now collect stories about spirit sightings in San Lorenzo Valley in particular. Some local newspapers have printed many fabulous articles, usually just before Halloween, about some of our local haunts.

    There are lots of known haunted places in downtown Brookdale: I'm sure there must be more. Would you eMail if you know of any?

    The Brookdale Lodge would be interesting enough for historical reasons without even being haunted. But apparently it has a whole lot of spirits - by one accounting, 49 of them! A fine place for Sunday brunch ... and to spend the night if you're braver than I am. The lodge even has a floating ghost image on their website, so I think they're believers : )
    The Brookdale Lodge's History & Legends 

    The nice folks at the Ghost Trackers Society allowed me to join them at Brookdale Lodge in Felton for a filming of "Dead Famous". They had a parapsychologist in attendance, a psychic and a medium. It was an interesting experience!
    British TV Show "Dead Famous" 

    I was told to check out the Chart House over the hill. As always, I asked the receptionist, the bus boy, and our wait person about the rumors of any hauntings. Several employees there told me fascinating stories of its ethereal presences. One was of a little girl who supposedly inhabited the home back when it was a private residence. She died, I think of the flu. Her ghost was by the staircase going downstairs, and people felt cold spots there too - I am told that she has since moved on (crossed over). Then there's the bar ghost with a sense of humor. I was told that after locking up tightly etc., the next morning they'd find the electronic cash register in the bar had run up almost 20 drinks of something that was not on the menu- and not programmed into the computer!

    The Los Gatos Opera House is a well documented & photographed ghost haunt - the woman said to reside there in spirit form is not to be feared though. She is benevolent and protective, as the employees can tell you.

    Border's Books in Old Town has at least a couple of ghosts - a little boy said to have died when the place was a school, and a male ghost wearing a baseball cap viewed peripherally (disappearing when you turn to get a better look). Sounds are heard in the tower section especially. I wondered if they had placed the religion books there to ward them off, but apparently it's a matter of slow sales in that subject matter!

    I'm wondering where else in the San Lorenzo Valley may be haunted besides the Brookdale Lodge. Do you know of any stigmatized or haunted properties in the San Lorenzo Valley.  Did any one buy a House that seems haunted in the valley?  I know there's more. Anyone??

     

    Felton Homes: What is an Easement and Why Should You Care?

    What's an easement? In a nutshell, it is the right to use someone else's property.

    The most common types of easements are ones we can't easily escape: they are for power, water, perhaps phone lines. The utility companies have a right to go onto your land to get to the water pipes outside your home or to the power or telephone lines in your backyard. They have a right to go there and do not need your permission, generally speaking, if the need arises. (That said, they usually do give notice unless it's an emergency.)

    Easments can be given by the landowner to the person or organization that wants to use it too. This can be done for charitable reasons or for payment and it can involve cash payment for the use of the land. For instance, the right to use a driveway from one parcel to access another might be a great convenience to the person who wants the easment (it might be a much shorter route home than another alternative).

    As a charitable example, an easment might be granted by a property owner to the general public to have a shortcut to a park or trail. In this case, the landowner might close the access off once a year and also post a "right to pass by permission" type of notice so that this easement is as a temporary gift and not a permanent loss of rights of the landowner. (An interruption in the use of the easement.)

    A "prescriptive easement" is one that happens by accident as far as the Felton Homes landowner is concerned. In this case, others openly and notoriously used the property owner's land without interruption (as a shortcut, a driveway, etc.) for a period of years without the owner objecting or preventing that use. Eventually, the right to use the land for those purposes can become permanent. To form a prescriptive easement, the use must be open, notorious, for a period of years, and uninterrupted.

    To give a real-life example, there were two Felton Homes off Zayante Road with fences and gates - we'll call them lots A and B.  The the fence for Lot A extended further toward the street than that of Lot B. And the gate for Lot A opened not onto its own front yard, but onto the front yard of Lot B. (The gate was at a 90 degree angle to where it should have been.)

    If the homeowner of Lot B did not object, but allowed the folks in Lot A to go through their gate and onto the land of Lot B for a period of time, it would become a prescriptive easement.

    What to do? The only thing to do to prevent the prescriptive easement being formed is to object and to request (insist upon) the gate being rebuilt. Hopefully that would not require legal action. But to allow someone to cross your property without objection for a period of years is to invite the formation of a prescriptive easement.

    When buying or selling a home, easments will be listed on the preliminary title report. Normally these are simply the utility easements. Not every easement is recorded, though, so do not rely on the preliminary title report for assurance that there are no easements. Home or landowners must pay attention to the use of the land and be aware of any risk of the formation of prescriptive easements.  Homebuyers should check the land too and see if it appears that the property is being used by others.

    Could anything be worse for a San Lorenzo Valley homeowner than a prescriptive easement?

    Yes.

    Adverse possession. We'll discuss some soon if you want to know more about Felton Homes  this stuff call or comment. <a href="http://technorati.com/faves?sub=addfavbtn&amp;add=http://www.sanlorenzovalleyrealestate.com/blog.asp"><img src="http://static.technorati.com/pix/fave/tech-fav-1.png" alt="Add to Technorati Favorites" /></a>


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    Declining San Lorenzo Valley home prices needn't spell doom

    Four ways to cope with a sluggish San Lorenzo Valley market as an Felton Agent or Consumer

    patti @ http://feltonrealtor.com

    The subprime fiasco, tougher underwriting standards, and increasing foreclosure rates and interest rates are all exerting additional pressure on the slowing market many places in the country. Are you prepared to survive a declining market?

    A buyers' market, where the prices are declining, is the worst possible market in which to be a commissioned sales person. Price deflation is bad for everyone. Buyers are reluctant to purchase because they fear that prices will decrease further. Sellers are unable to sell, which results in more foreclosures. Lenders end up taking back more property, and brokers end up doing fewer transactions.

    If your market is declining, here are four steps that you can take to avoid being caught in the downward price spiral.

    1. Price properties below the comparable sales

    Declining prices make obtaining an accurate CMA down right unrealistic. Assume that a seller's property is currently worth $400,000. If property is declining at an annual rate of 5 percent per year ($20,000), then the seller's property 180 days from now is worth only $390,000. Given that few sellers price their property exactly at market value, their list price of $410,000 is now $20,000 higher than the property's value. Thus, even with a $10,000 price reduction, the list price would still be $10,000 over the new market value. This is exactly where the seller started at the beginning of the listing period. If a price that was $10,000 over market value did not result in a successful sale, it is even less likely to produce a sale as the market continues to decline.

    To avoid this trap, list the property below the comparable sales. The reason for this is simple -- today's comparable sales represent what the prices were 60 to 90 days ago. If the market is declining, then the property is actually worth less than the comparable sales suggest.

    2. Avoid letting the sellers "test the market"

    Persuading your sellers to be realistic is challenging in any market. This is especially true when the market has been very good and is now transitioning into a buyer's market. As a result, sellers often want to "test the market." This is a huge mistake. Many sellers mistakenly believe that the initial activity on their property will continue throughout the listing period. Nothing could be further from the truth. When they first list their property, there is pent-up demand among the current buyers who haven't found a property. Once this initial surge ceases, showings will be limited to new buyers coming into the marketplace. Missing this initial "honeymoon period," which normally lasts the first 21 days a property is listed, usually results in longer market time and a substantially lower price. Do everything within your power to keep sellers from making this costly mistake.

    3. When it comes to price reductions, you need a chain saw, not a pair of nail clippers

    When Felton, Ben Lomond & Boulder Creek property values are declining, reducing the price to the current market value is not sufficient. Instead, you must be slightly below market value to sell the property. To persuade the sellers about the wisdom of this approach, show them how much they lose each month they hold their property. To illustrate this point, assume that a seller is paying $3,000 per month in principal, interest, taxes and insurance (PITI) and that the prices are decreasing by $1,000 per month. The actual cost to the seller of not being accurately priced is $4,000 per month ($3,000 in PITI + $1,000 in depreciation.)

    4. Tap into the seller's motivation to sell

    In a declining market, many people are selling because they must. It may be a divorce, financial difficulties, a job transfer, or some other event where the seller has no choice. An important part of providing the seller with excellent service is to understand his or her motivation. While a seller's market is difficult for buyers because prices are constantly climbing, a buyer's market is tough on sellers because prices are declining. If the sellers have to sell and are reluctant to accept a reasonable offer, you can ask, "Which is more important, getting on with your life or waiting for the real estate market to improve?"

    If the sellers are purchasing a more expensive home, remind them that they will be making additional money on the deal. For example, the owner of a home worth $300,000 who experiences a 5 percent price decline will see a $15,000 reduction in value. If that same individual is purchasing a $600,000 home, that home will experience a $30,000 reduction in value. Thus, the seller comes out $15,000 ahead. In fact, the higher price ranges usually experience greater drops than entry-level homes.

    Helping your clients understand the psychology of a changing market will make the job of selling their home easier. More importantly, it can save your clients plenty of money as well. I just the agent to call!

     

    Displaying blog entries 31-35 of 35

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    You can find great local California real estate information on Localism.com Patti Lyles is a proud member of the ActiveRain Real Estate Network, a free online community to help real estate professionals grow their business.

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