Purchase Property

Construction News Special Focus X-Communication and X-presso Books: Tony Dierckins Around The Region Role of women in region's economy grows: wages are rising but it remains a perilous place for single mothers On The Move NRRI Forest Products promotes lean manufacturing processes News Makers Newsmakers for November-December Construction Minimize risk when you purchase real estate Thursday December 29, 2005 Business News CNNfn CBSMarketwatch Bloomberg Reuters BusinessWeek PRNewswire Political News Salon Slate The Atlantic The Nation Mother Jones Sports ESPN Local Sports Comment on This Story / Send This Article to a Friend Construction News Minimize risk when you purchase real estate 10/14/2005 by Paul Kilgore and Melissa Maloney Purchasing real property involves a substantial financial investment. Whether buying real property to start or relocate a new business, or solely for investment purposes, you can take certain steps to protect your investment. Together, a title insurance policy and survey can protect you from many of the risks. Title Insurance A title insurance policy insures the status of the title to a parcel of real property. Simply put, title means the formal right of ownership of property. While most insurance policies insure against unforeseen future risks, title insurance insures against possible defects in title based on events that have already happened. A title insurance policy may be an owners policy, issued to the purchaser of real property, or a lenders policy, issued in favor of the lender that finances the purchase. An owners policy provides for reimbursement of damages suffered by an owner as a result of title being different than that stated in the title insurance policy. Reimbursement is available up to the stated amount of the title insurance policy. Title insurance also covers attorneys fees and other costs of any covered claim. A lender financing a real property purchase almost always will require the purchaser to obtain and pay for a lenders policy of title insurance. Among other things, a lenders policy insures the lender has a valid, enforceable lien on the purchased property, and that the lien has priority over any other lien. A lenders policy should not be relied upon to protect the purchaser in case of a title defect. Most standard real estate purchase agreements require the seller to pay for and provide the purchaser with a commitment from a title insurance company to provide title insurance. The preparation of that commitment involves a search of the public records to determine the status of title. This process can take a title company a few days or a few weeks, depending on the complexity of the propertys title history. A title insurance commitment is the insurers proposal regarding the terms of the policy. To some extent, these terms are negotiable. The commitment includes the legal description of the property, its fee owner, the proposed insured party, and any exclusions from coverage. A title insurance commitment typically excludes coverage for liens, easements, or mortgages already recorded in the public records, as well as any facts - such as encroachments and roadways - that would be revealed by a survey. The purchaser, rather than the seller, typically pays the one-time premium for an owners policy. This responsibility may be negotiated between the parties. The premium is based on the purchase price. An owners title insurance policy provides coverage throughout the insureds ownership of the property. If it later is conveyed by warranty deed, coverage continues (for the insured party, not to the new buyer) even after the property is conveyed. Survey A property survey is the process by which a parcel of land is measured, and its boundaries and contents ascertained and mapped. The finished product of a survey most often is a scaled drawing that illustrates locations of buildings, fences, streets and other improvements in relation to property lines. A survey assists the parties to a real estate transaction in understanding exactly the property included in the transaction. In Wisconsin, only a professional land surveyor licensed by the states Department of Regulation & Licensing may perform a survey. The cost depends on the characteristics of the area to be surveyed, including the parcel size and level of detail required by the transaction. From the buyers perspective, the purchase agreement should make the obligation to purchase contingent upon an A.L.T.A.(American Land Title Association) survey by a registered land surveyor, with the results acceptable to the purchaser. The purchase agreement also should state who will pay for the survey. It should be ordered early in the purchasing process to allow sufficient time for completion. Obtaining the survey early also will leave time to deal with title defects or other issues the survey may reveal. To remove the title insurance policy exclusion regarding facts ascertainable by a survey, a recent survey performed by a registered land surveyor must be presented to the title insurer, along with the surveyors certificate of no encroachments. An encroachment occurs when a building or other improvement to a parcel of real estate overlaps the boundary line and encroaches onto a neighboring land parcel, or when a neighboring improvement overlaps onto the insured property. Therefore, unless a survey is obtained and the survey exclusion is deleted, a title insurance policy alone does not protect a purchaser if an encroachment is later discovered. The title insurance commitment and survey should be examined by the purchasers attorney well in advance of closing to allow time to work out any title issues and to negotiate the terms of the title insurance policy. The bottom line: A comprehensive title insurance policy and survey protects the buyer from undiscovered title issues and minimizes risk in a real estate purchase. Paul Kilgore is a shareholder at Fryberger, Buchanan, Smith & Frederick, and practices in the areas of real estate acquisition, finance, litigation and mineral rights law. Hes a certified real property law specialist. Melissa Maloney is an associate attorney at the firm, practicing in the areas of commercial and residential real estate. They can be reached at the law firms Duluth office at 218-722-0861. 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Real Estate Broker

Welcome To North Carolina Real Estate Commission News Update Effective April 1, 2006 Gov. Easley Signs Historic Real Estate Licensing Bill On September 14, Governor Easley signed legislation making the most significant changes ever in the Real Estate License Law. Soon, salesperson licenses will be converted to (provisional) broker licenses, license applicants will be required to complete more real estate education, and persons wishing to become brokers-in-charge of real estate offices must have additional training and real estate experience. At its September meeting, the Real Estate Commission recognized the following persons and organizations who were instrumental in the passage of the legislation: • Representative Julia Howard who, with Representatives William Culpepper and Harold Brubaker, sponsored the legislation and who advocated for it on the House Floor and in committee; • Senate Majority Leader Tony Rand who sponsored a companion bill and spoke for the legislation on the Senate Floor; • North Carolina Association of REALTORS® which used its considerable resources to promote the legislation; and the Commission’s 2004 Broker-in-Charge Advisory Committee which conceived and recommended the legislation to the Commission. Commission Chairman Rick Watts concluded the proceedings by remarking that, as a result of this important legislation, “Real estate consumers will soon be served by more knowledgeable agents, and North Carolina’s real estate licensing program will be restructured to meet the needs and demands of the 21st century marketplace.” For more information about the changes in the North Carolina Real Estate License Law, please click on the following links: Summary of Changes to Real Estate License Law and Frequently Asked Questions Proposed Commission rules effective April 1, 2006 New Publications Two new publications from the Real Estate Commission are now available. Real estate licensees and interested persons may now purchase the Broker-in-Charge Guide a reference publication covering the administrative and supervisory responsibilities of brokers-in-charge of real estate offices. The 104-page volume, which serves as the text for the Broker-in-Charge course, is newly re-designed, will be updated as needed and may be purchased at a price of $10 either here on the Commission’s website or with publications order forms. Also now available is the latest addition to the Commission’s popular series of “questions and answers” brochures - Questions and Answers on: Real Estate Closings . Designed to answer many of the questions frequently asked by purchasers about residential real estate closings, the pocket-sized publication covers such topics as loan commitment letters, property inspections, title insurance, deeds, homeowner associations, and closing statements. Memo to Brokers-in-Charge The Commission has published a memorandum to all Brokers-in-Charge describing the advantages of an all broker office. To view the memo in its pdf form, click here . Trust Account Compliant Software Vendors List Now Available A list of vendors of software that the Commission has found to be "substantially" compliant with Commission rules and the Trust Account Guidelines can be found by clicking here .

home equity plan may

When Your Home Is on the Line: home More and more lenders are offering home equity lines of credit. By using the equity in your home, you may qualify for a sizable amount of credit, available for use when and how you please, at an interest rate that is relatively low. Furthermore, under the tax law--depending on your specific situation--you may be allowed to deduct the interest because the debt is secured by your home. If you are in the market for credit, a home equity plan may be right for you. Or perhaps another form of credit would be better. Before making a decision, you should weigh carefully the costs of a home equity line against the benefits. Shop for the credit terms that best meet your borrowing needs without posing undue financial risk. And remember, failure to repay the amounts you've borrowed, plus interest, could mean the loss of your home. What is a home equity line? What should you look for? How will you repay your home equity plan? Lines of credit vs. traditional second mortgage loans Disclosures from lenders What is a home equity line of credit? A home equity line of credit is a form of revolving credit in which your home serves as collateral. Because the home is likely to be a consumer's largest asset, many homeowners use their credit lines only for major items such as education, home improvements, or medical bills and not for day-to-day expenses. With a home equity line, you will be approved for a specific amount of credit--your credit limit , the maximum amount you may borrow at any one time under the plan. Many lenders set the credit limit on a home equity line by taking a percentage (say, 75 percent) of the home's appraised value and subtracting from that the balance owed on the existing mortgage. For example, [D] In determining your actual credit limit, the lender will also consider your ability to repay, by looking at your income, debts, and other financial obligations as well as your credit history. Many home equity plans set a fixed period during which you can borrow money, such as 10 years. At the end of this "draw period," you may be allowed to renew the credit line. If your plan does not allow renewals, you will not be able to borrow additional money once the period has ended. Some plans may call for payment in full of any outstanding balance at the end of the period. Others may allow repayment over a fixed period (the "repayment period"), for example, 10 years. Once approved for a home equity line of credit, you will most likely be able to borrow up to your credit limit whenever you want. Typically, you will use special checks to draw on your line. Under some plans, borrowers can use a credit card or other means to draw on the line. There may be limitations on how you use the line. Some plans may require you to borrow a minimum amount each time you draw on the line (for example, $300) and to keep a minimum amount outstanding. Some plans may also require that you take an initial advance when the line is set up. What should you look for when shopping for a plan? If you decide to apply for a home equity line of credit, look for the plan that best meets your particular needs. Read the credit agreement carefully, and examine the terms and conditions of various plans, including the annual percentage rate (APR) and the costs of establishing the plan. The APR for a home equity line is based on the interest rate alone and will not reflect the closing costs and other fees and charges, so you'll need to compare these costs, as well as the APRs, among lenders. Interest rate charges and related plan features Home equity lines of credit typically involve variable rather than fixed interest rates. The variable rate must be based on a publicly available index (such as the prime rate published in some major daily newspapers or a U.S. Treasury bill rate); the interest rate for borrowing under the home equity line changes, mirroring fluctuations in the value of the index. Most lenders cite the interest rate you will pay as the value of the index at a particular time plus a " margin ," such as 2 percentage points. Because the cost of borrowing is tied directly to the value of the index, it is important to find out which index is used, how often the value of the index changes, and how high it has risen in the past as well as the amount of the margin. Lenders sometimes offer a temporarily discounted interest rate for home equitylines--a rate that is unusually low and may last for only an introductory period, such as 6 months. Variable-rate plans secured by a dwelling must, by law, have a ceiling (or cap ) on how much your interest rate may increase over the life of the plan. Some variable-rate plans limit how much your payment may increase and how low your interest rate may fall if interest rates drop. Some lenders allow you to convert from a variable interest rate to a fixed rate during the life of the plan, or to convert all or a portion of your line to a fixed-term installment loan. Plans generally permit the lender to freeze or reduce your credit line under certain circumstances. For example, some variable-rate plans may not allow you to draw additional funds during a period in which the interest rate reaches the cap. Costs of establishing and maintaining a home equity line Many of the costs of setting up a home equity line of credit are similar to those you pay when you buy a home. For example, A fee for a property appraisal to estimate the value of your home An application fee , which may not be refunded if you are turned down for credit Up-front charges, such as one or more points (one point equals 1 percent of the credit limit) Closing costs, including fees for attorneys, title search, and mortgage preparation and filing; property and title insurance; and taxes. In addition, you may be subject to certain fees during the plan period, such as annual membership or maintenance fees and a transaction fee every time you draw on the credit line. You could find yourself paying hundreds of dollars to establish the plan. If you were to draw only a small amount against your credit line, those initial charges would substantially increase the cost of the funds borrowed. On the other hand, because the lender's risk is lower than for other forms of credit, as your home serves as collateral, annual percentage rates for home equity lines are generally lower than rates for other types of credit. The interest you save could offset the costs of establishing and maintaining the line. Moreover, some lenders waive some or all of the closing costs. How will you repay your home equity plan? Before entering into a plan, consider how you will pay back the money you borrow. Some plans set minimum payments that cover a portion of the principal (the amount you borrow) plus accrued interest. But (unlike with the typical installment loan) the portion that goes toward principal may not be enough to repay the principal by the end of the term. Other plans may allow payment of interest alone during the life of the plan, which means that you pay nothing toward the principal. If you borrow $10,000, you will owe that amount when the plan ends. Regardless of the minimum required payment, you may choose to pay more, and many lenders offer a choice of payment options. Many consumers choose to pay down the principal regularly as they do with other loans. For example, if you use your line to buy a boat, you may want to pay it off as you would a typical boat loan. Whatever your payment arrangements during the life of the plan--whether youpay some, a little, or none of the principal amount of the loan--when the plan ends you may have to pay the entire balance owed, all at once. You must be prepared to make this " balloon payment " by refinancing it with the lender, by obtaining a loan from another lender, or by some other means. If you are unable to make the balloon payment, you could lose your home. If your plan has a variable interest rate, your monthly payments may change. Assume, for example, that you borrow $10,000 under a plan that calls for interest-only payments. At a 10 percent interest rate, your monthly payments would be $83. If the rate rises over time to 15 percent, your monthly payments will increase to $125. Similarly, if you are making payments that cover interest plus some portion of the principal, your monthly payments may increase, unless your agreement calls for keeping payments the same throughout the plan period. If you sell your home, you will probably be required to pay off your homeequity line in full immediately. If you are likely to sell your home in the near future, consider whether it makes sense to pay the up-front costs of setting up a line of credit. Also keep in mind that renting your home may be prohibited under the terms of your agreement. Lines of credit vs. traditional second mortgage loans If you are thinking about a home equity line of credit, you might also want to consider a traditional second mortgage loan. A second mortgage provides you with a fixed amount of money repayable over a fixed period. In most cases the payment schedule calls for equal payments that will pay off the entire loan within the loan period. You might consider a second mortgage instead of a home equity line if, for example, you need a set amount for a specific purpose, such as an addition to your home. In deciding which type of loan best suits your needs, consider the costs under the two alternatives. Look at both the APR and other charges. Do not, however, simply compare the APRs, because the APRs on the two types of loans are figured differently: The APR for a traditional second mortgage loan takes into account the interest rate charged plus points and other finance charges. The APR for a home equity line of credit is based on the periodic interest rate alone. It does not include points or other charges. Disclosures from lenders The federal Truth in Lending Act requires lenders to disclose the important terms and costs of their home equity plans, including the APR, miscellaneous charges, the payment terms, and information about any variable-rate feature. And in general, neither the lender nor anyone else may charge a fee until after you have received this information. You usually get these disclosures when you receive an application form, and you will get additional disclosures before the plan is opened. If any term (other than a variable-rate feature) changes before the plan is opened, the lender must return all fees if you decide not to enter into the plan because of the change. When you open a home equity line, the transaction puts your home at risk. If the home involved is your principal dwelling, the Truth in Lending Act gives you 3 days from the day the account was opened to cancel the credit line. This right allows you to change your mind for any reason. You simply inform the lender in writing within the 3-day period. The lender must then cancel its security interest in your home and return all fees--including any application and appraisal fees--paid to open the account. The material on this site is adapted from the brochure "When Your Home Is on the Line." Single or multiple copies of the brochure are available without charge. Order the brochure by telephone, mail, or fax . Order on line . Glossary | Where to go for help | Checklist Home | Consumer information | Publications | Brochures Accessibility To comment on this site, please fill out our feedback form. Last update: July 25, 2001

home mortgage loans, including

FRB: Understanding the Home Mortgage Process Where to Shop and What to Look For Skip to content The Mortgage Application Process Understanding Your Rights to Fair Lending Directory of Federal Agencies Mortgage home Once you have found the home of your choice, you may think that your shopping days are over. Actually, only the first phase has been completed. Next comes finding a mortgage and payment terms that fit your budget. Where you shop and what you look for are important. You might start by looking for a mortgage at the bank where you have your checking or savings account. But don’t limit yourself. A wide variety of institutions make home mortgage loans, including savings and loan associations, commercial banks, mutual savings banks, and mortgage companies. The mortgages these institutions offer will have varying features. One way to find the creditor with the most attractively priced loan is to look in your local newspaper; check to see if it publishes a shoppers guide to mortgage credit. These shoppers guides are available in many localities and can be used to identify the lenders with low rates. But, basically, the way to find the loan with the most attractive terms is to shop around. You should have in mind some of the things to look for in a mortgage loan. For example, what types of loans are available from a given institution? Does the lender make privately or federally insured or guaranteed loans? Some lenders offer mortgage loans backed by a federal agency such as the Federal Housing Administration (FHA loans) or the Department of Veterans Affairs (VA loans). Loans that are not government-insured are called conventional mortgages. Insured mortgages may be more attractive than conventional mortgages in some ways--such as lower down payment requirements. But they may be more restrictive in other ways; for example, they may be available only for certain kinds of homes, or for properties whose value is below a specified price. Other factors important to your mortgage decision are the length of the loan and the down payment required by the lender. The longer the term and the larger the down payment, the smaller your monthly payments will be. The interest rate is important too, and in some cases the amount of the down-payment will influence the interest rate that you pay (the larger the down payment, the lower the interest rate). In addition, mortgage loans may have interest rates that will stay fixed for the life of the loan (fixed-rate mortgages), that may change (adjustable-rate mortgages, or ARMs), or that represent a combination of fixed and variable rates (convertible mortgages). The initial rate of an ARM is generally lower than the rate available on a fixed-rate mortgage; but remember, the rate may change during the lifetime of the loan. Don’t hesitate to ask the lender how one loan differs from another, how the different features of the loan will affect the mortgage, or whether your chances to qualify would improve if you made a higher down payment. When you're shopping around, you will find that some home mortgage lenders have special programs to assist veterans and low-income or first-time homebuyers. Ask the lender if such programs are available. Home | Brochures Accessibility To comment on this site, please fill out our feedback form. Last update: June 21, 2001

Texas Land

Texas General Land Office Welcome to the oldest state agency in Texas! Our web site tells the story of how the Texas General Land Office is balancing economic development with preservation of our state's natural resources. Need information on Boards for Lease ? Need information on purchasing state land ? Need information or applications for leasing state land? Looking for information on your early Texas ancestors ? Looking for exciting career opportunities ? Is your business interested in becoming a mentor or protg ? When is the next Adopt-A-Beach cleanup ? Looking for low interest loans for Texas veterans ? Newest benefit for veterans is skilled care in the Texas State Veterans Homes . School Land Board meetings Veterans Land Board meetings Texas State Veterans Cemeteries Committee meetings View Upcoming Events What's New Coastal Coordination Council Meeting December 14, 2005 10:00 am --- Give the gift of Texas History Sealed Bid Land Sale February 7, 2006 Get the details on the recent US-Mexico Border Energy Forum XII , learn more about regional energy cooperation May 19, 2005 Sealed Bid Sale [Sale Results] --- Save Texas History! General Land Office Historic Preservation Program [Buy Historic Maps] Read more about our RFP for Real Estate Brokerage Services -- Read more about GLO water development on state lands Technological change comes to the archives! We now have our Searchable Land Grant Database online! Want to learn more about GLO fight against coastal erosion? Visit the Coastal Texas 2020 site Current Oil and Gas Lease Sale information is available . If you have an active TVLB land loan, you can now access secure information online about your account balance, payment amount, and/or terms of loan Whether it's history, information relating to state lands or employment opportunities, this web site delivers! Privacy Policy Public Information Act Policy Links/Accessibility Policy Texas Homeland Security Compact With Texans State of Texas Home Page Statewide Search from the Texas State Library Western States Land Commissioners Association (WSLCA) For our customers who are hearing impaired: The GLO TDD number is (512) 463-5330 or contact any of our program areas through Relay Texas at 1-800-735-2988. For more information, contact us .