Real Estate Loan
Deductibility of Real-Estate Loan Refinancing Charges Deductibility of Real-Estate Loan Refinancing Charges By Steven V. Melnik E-mail Story Print Story With interest rates at all-time lows, many Americans are refinancing home loans. Because refinancing transactions usually cost thousands of dollars, it is important to know when refinancing expenditures are deductible. Loans Secured by a Principal Residence The IRC defines a principal residence as where the taxpayer spends the most time during any given taxable year. Consequently, principal residence status can change from year to year. As a general rule, taxpayers can deduct points paid for refinancing principal residence loans. IRC section 461(g) defines many fees as points, but only qualifying points are allowed as a deduction. Qualifying points are usually fees paid to the lender for a loan (see the Sidebar for a list of requirements). Loan application, processing, underwriting, and other fees are not deductible. Revenue Procedure 94-27 allows itemized deductions for qualifying points resulting from the purchase of a principal residence. Points paid for refinancing an existing mortgage, however, cannot be immediately deducted. According to IRC section 461(g), those points are deducted over the life of the new loan. To calculate the portion of those points deductible in any particular year, determine the deductible points for each loan payment and multiply by the number of payments made during that year (per payment amortization). For example, consider an individual who paid $1,800 refinancing qualifying points on a principal residence for a 30-year loan requiring 12 payments per year (a total of 360 payments). The $5 allowable deduction for every loan payment is calculated by dividing $1,800 by 360. Six loan payments during the year would result in a $30 itemized deduction, with unamortized points amounting to $1,770. Multiple Refinancing Activities Remaining refinancing points are generally deductible in the year when a second refinancing occurs with a different lender. In the example above, the remaining $1,770 first-loan points would be deductible that year. If the second refinancing is with the same lender, however, the remaining points and any new qualifying points paid would be deductible over the life of the new loan. Points paid during a refinancing transaction are immediately deductible to the extent the new loan is used to substantially improve a principal residence, assuming the requirements listed in the Sidebar are met. Substantial improvements, such as building an addition to a house, qualify. For example, a $60,000 loan from bank B to refinance bank A’s $40,000 loan and a $20,000 house addition would result in one-third of the newly paid qualifying points being deducted that year. Refinancing of Second or Vacation Homes Some Americans are investing in real estate as an alternative to stocks and bonds. Tax rules applicable to vacation and second homes differ from those for primary residences. Points paid for a purchase, substantial improvement, or refinancing of second and vacation homes are generally deductible over the life of the loan. The per-payment amortization method is applicable. Other refinancing-related expenditures increase the tax basis of the home. Rental Properties and Properties Used in a Trade or Business. When refinancing rental properties and properties used in a trade or business, all ordinary and necessary refinancing expenditures are deductible over the life of the loan. Refinance-related expenditures for rental properties are deductible on line 18, Form 1040, Schedule E; for properties used in a trade or business, expenditures are deducted on Form 1040, Schedule C. Other Deductibility Issues When sellers of real estate pay for points on the buyer’s behalf, they are not allowed to deduct those points, but can reduce sales proceeds. Buyers can deduct those points if the property basis is reduced by the same amount. All other refinancing-related expenditures, such as attorney, appraisal, bank, title, and other fees, are not deductible. They do, however, increase the tax basis of the home to the extent they are not deductible. Points are deductible when a cash-basis taxpayer itemizes deductions. Deductibility can be affected, however, when a taxpayer’s adjusted gross income reaches a certain threshold. (The 2003 threshold is $69,750 for married filing separately returns and $139,500 for all others.) The deductibility of refinancing-related expenditures depends upon the type of property securing the refinanced loan, as well as how the loan proceeds are used. The use of the property must be understood, because properties can be used for more than one tax purpose in any given year. It is important to be familiar with the tax consequences of refinancing transactions in order to derive the maximum benefit. Steven V. Melnik, LLM, JD, CPA , is Professor of Tax Law and Director of Graduate Tax Programs at Bernard M. Baruch College, City University of New York. May 2004 Issue Enlarge Cover Features Regulation of Professions by Interstate Compact 20 Questions onTrust, Medicaid, Insurance, and Asset Transfers Accounting for Stock Option Government Procurement Basics More This Issue | Past Issues Home | Contact | Subscribe | Advertise | Archives | NYSSCPA The CPA Journal is broadly recognized as an outstanding, technical-refereed publication aimed at public practitioners, management, educators, and other accounting professionals. It is edited by CPAs for CPAs. 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Real Estate Loan
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Home Loan Program DISASTER
Information on the VA Home Loan Program Information on the Home Loan Program HomeOwnership Education for First Time Buyers Am I Eligible for a VA Loan? Property Management Construction and Valuation Lenders & Servicers Contact VA Loan Guaranty Service Forms Loan Guaranty HomePage VBA HomePage VA Homepage If You Owe VA VA Monitoring Unit Loan Production Specially Adapted Housing Information on the Home Loan Program DISASTER ADVICE FOR VETERAN HOMEOWNERS Thinking of Buying, Selling or Refinancing a Home These short videos explain what you need to know as a Veteran. Pamphlets on the VA Home Loan Program On-line copies of VA Home Loan Pamphlets. HomeOwnership Education for First Time Buyers Valuable information for first time homebuyers from the Ginnie Mae HomeOwnership Center. Frequently Asked Questions Answers to questions most frequently asked about the VA Home Loan program. About the Loan Guaranty Service The VA Loan Guaranty Service is the organization within the Veterans Benefits Administration charged with the responsibility of administering the home loan program. See an independent evaluation of the Loan Guaranty program here: Final Report / Final Report Appendices Information on Specially Adapted Housing for disabled veterans Click here for information on the Special Adapted Housing program for certain seriously disabled veterans. VA Regional Loan Centers Addresses, telephone numbers & websites of our Regional Loan Centers. Contact VA Loan Guaranty Service E-mail Loan Guaranty Service VA Approved Lenders Find a VA approved lender in your home town area using our E-lenders nationwide query. Interest Rate Reduction Refinancing Loans Have interest rates fallen since you obtained your VA loan? Do you have an Adjustable Rate VA loan that you want to convert to a fixed rate loan? The IRRRL program, also called the VA streamlined refinancing program, may be for you. No appraisal or underwriting is required and a certificate of eligibility is not necessary. If You Have Trouble Making Your Payments If you have a VA loan but are having trouble making your mortgage payments, it is very important that you take steps to avoid a foreclosure. VA may be able to help. Information for Elderly Homeowners Information for Elderly Homeowners covers Reverse Mortgages, Interest Rate Reduction Refinancing Loans, and Home Equity Fraud. VA Direct Home Loans for Native American Veterans Living on Trust lands VA direct home loans are available to eligible Native American veterans who wish to purchase or construct a home on trust lands. Information on the Home Loan Program / Am I Eligible for a VA Loan? / Property Management Construction and Valuation / Lenders & Servicers / Contact VA Loan Guaranty Service / Forms Loan Guaranty HomePage / If you owe VA / Monitoring Unit / Loan Production / SAH Disclaimer / Privacy & Security Statement / Freedom of Information Act Contact the VA / VBA HomePage / VA HomePage This page has been accessed since February 16, 2003. Reviewed/Updated: September 28, 2005 (kt)
Selling Home
FCIC: Selling a Home Return to Federal Citizen Information Center Home Page Printer-friendly page -- Life Advice About... Selling A Home This Life Advice section about Home Improvement was produced by the MetLife Consumer Education Center reviewed by the Real Estate Educators Association and the U.S.D.A. Cooperative Research, Education and Extension Service. If you've decided to sell your home, chances are you're caught up in a host of emotions. You may be looking forward to moving up to a new dream house or facing the uncertainty of a major move across country. You may be reluctant to leave your memories behind or eager to start new adventures. Whatever turbulent feelings you're experiencing right now, there are plenty of practical matters that need your attention. Keep in mind the following considerations to help the whole process go more smoothly. Time Becomes Money It's a good idea to place your home on the market as far in advance as possible of purchasing a new one. If you find a new home first and then try to sell your present home, you may wind up with two mortgages. If this does happen, ask your real estate agent or banker about a bridge loan to help you make the double payments. Lenders use the same criteria for offering bridge loans as they use for mortgages. Should you qualify for a bridge loan, beware of the expense; during the term of the loan you must continue to pay both mortgages. Shop around for the best terms. Keep in mind that when people move, sell and buy, there usually is a domino effect. Closing and moving dates have to be coordinated, and the more firmly everyone commits to a window of dates and sticks to them, the better for all involved. Put all agreements about dates in writing, and protect yourself by negotiating financial penalties for failure to comply. Check Your Curb Appeal A home that's visually appealing and in good condition will attract potential buyers driving down the street. Use this checklist to view your property through an outsider's eyes. Are the lawn and shrubs well maintained? Are there cracks in the foundation or walkways? Does the driveway need resurfacing? Are the gutters, chimney and walls in good condition? Do the window casings, shutters, siding or doors need painting? Are garbage and debris stored out of sight? Are lawn mowers and hoses preperly stored? Is the garage door closed? On the Inside Strong curb appeal will lure potential buyers inside, where you have to live up to their expectations. Fortunately, there are plenty of easy improvements you can make to your home's interior without spending a lot of money. Cleaning is No. 1. Your windows, floors and bathroom tiles should sparkle. Make sure you have clean heating and air conditioning filters. Shampoo dirty carpets, clean tubs and showers, repair dripping faucets and oil squeaky doors. Keep your home neat, clean and picked-up at all times. It may not seem fair, but a peek in the oven may be the hallmark by which a buyer judges how well you have kept up your home. Remove unnecessary clutter from the garage, basement, attic, closets and straighten stored items. Also remove any items that might make a statement that would be offensive to others who may not share your same views, beliefs or sense of humor. If your home is crowded with too much furniture, consider putting some things into storage. If a room needs a fresh coat of paint, use a neutral off-white. Think, too, about how your home smells. You may be used to the smell of a pet or cigarettes, but such odors can be a strong turn-off to others. Be certain to remove valuables such as jewelry and other items from view. It might be wise to put these items in a safe deposit box before showing your home. Finally, set a mood for the buyer. Make your house homey with live flowers and fresh guest towels in the bathroom. Place scented potpourri around the house or, on the day you're expecting a potential buyer, pop a batch of frozen cinnamon rolls into the oven for a welcoming aroma. Remember, cosmetic changes do not have to be expensive. In fact, costly home improvements do not necessarily offer a good return on your investment when you sell. It's attention to the basics—anything that says “this home has been carefully maintained”—that will help you get the price you want. Go It Alone Some homeowners decide to sell their homes themselves in order to save the commission charged by a real estate agent. The commission rate may vary, depending on where you live or what agency you choose, but it is generally upwards of 5%. However, handling your own sale means you will be responsible for placing ads, answering phones and showing your home to strangers. What's more, buyers who know you are saving on an agent's commission may offer less for your home, wiping out the financial incentive to do it all yourself. You may decide an agent's commission is a bargain the first time that a would-be buyer shows up unannounced at dinnertime. Also, be aware that a real estate agent probably knows a lot more about the business of selling a home than you do. Here are some of the advantages professional agents offer: They will help you establish a fair asking price for your home. They will promote your home to other agents and list your property in multiple listing services. A multiple listing service is a book or computer database that all real estate agents who subscribe to the service can access. Your home will get exposure to all those agents, one of whom may have the perfect buyer. They will create, pay for and place advertising for you. They will schedule appointments to show your home to prospective buyers even when you are not there. They can weed out buyers who will not qualify for a mortgage. They can refer you to sources for insurance, inspections, legal counsel and financing. They will help you negotiate with the buyer. They can make suggestions to help make your home more attractive to a potential buyer. If you decide to sell through an agent, ask friends and neighbors for recommendations. Talk to several agents before picking the one you want to work with. Taking a walk through your home with an agent should give you a feel for how that person will handle prospective buyers. Ask prospective agents how they plan to market your home. Don't sign with an agent just because he or she suggests the highest asking price. Negotiate the broker's commission prior to listing your home, and sign for a limited period of time—usually three to six months. Setting a Fair Price Naturally, you want to get top dollar for your home. But, at the same time, you don't want to scare off potential buyers with a price tag that's too high. Setting an artificially high price may cause your property to languish on the market for months. Reducing your asking price later on may lead buyers to wonder if there is something wrong with your home. Here are some of the factors to consider in pricing your home. Your location Economic conditions Supply and demand in the local housing market Seasonal influences Local schools Average home prices in the neighborhood Your home's extras -- pool, fireplace, central air, etc. To determine the value of your home, you probably will want the advice of a real estate agent or appraiser. Ask an agent to prepare a market analysis for you, showing the recent selling prices of three neighborhood properties comparable to your own. The agent can help you adjust for the unique features of your own property. Qualifying a Buyer Either you or your agent will want to quickly weed out potential buyers who cannot really afford to purchase your home. A number of factors will help determine whether or not you are wasting your time negotiating a sale. The buyer's debt and credit history The buyer's current income and employment The buyer's cash position and availability of a down payment The length of time the buyer needs before closing on your home How interested the buyer appears to be in your home versus others Seek Legal Representation When selling your home—particularly if you are selling on your own—it's a good idea to be represented by an attorney. Look for an attorney with expertise in real estate transactions. When a potential buyer puts an offer in writing and you accept it, the signed acceptance becomes the sales contract. Your attorney will be present at the actual closing to protect your interests and can assist you with the following elements of a sales contract: The sale price What is included in the sale price -- draperies, carpeting, light fixtures, heating oil, etc. The amount of the down payment The date of closing and possession date Contingencies to the sale--inspections (e.g. structural, lead-based paint, radon), required improvements, legal review of the contract by the buyer's or seller's attorney, etc. The amount and length of the mortgage loan, interest rate and time limits to secure the loan Determining which closing costs are to be paid by the buyer and which by the seller Tax Implications Selling a home can have a major impact on your federal and state tax returns. Check with your tax consultant on the factors that may affect taxes resulting from the sale of your home. For example: Whether you purchased the home or acquired it by gift or inheritance Whether you used your home partly for business or rental Costs associated with selling your home Home improvements or additions, which may help to offset capital gains The sale of your home. In certain cases you can exclude up to $250,000 in gain ($500,000 for married couples filing a joint return) on the sale of property that was your principle residence for at least two years. Generally, you can use this exclusion every two years. Congratulations! You've successfully weathered the logistics of selling your current home, and you're ready to move on to a new and exciting chapter in your life.As you prepare for the coming changes, check out the Life Advice sections Moving and Buying a Home to aid you in this transition. For More Information 100 Questions Every Home Seller Should Ask Ilyce R. Glink, Times Books $14 Life Advice price $11.20 Call 1-800-793-2665 to order and mention reference number 032-02. Price and availability subject to change without notice. The American Bar Association Family Legal Guide Times Books$34.50 Life Advice price $28 Call 1-800-793-2665 to order and mention reference number 032-04. Price andavailability subject to change without notice. How to Sell Your Home in 5 Days William G. Effros, Workman Publishing $14.95 Life Advice price $8.97 The Consumer Bible, 1001 Ways to Shop Smart Mark Green, Workman Publishing $14.95 Life Advice price $8.97 Tips and Traps When Selling a Home Robert Irwin, McGraw-Hill $12.95 PAMPHLETS FROM THE FEDERAL GOVERNMENT The quarterly Consumer Information Center Catalog lists more than 200 helpful federal publications. For your free copy write Consumer Information Catalog, Pueblo, CO 81009, call 1-888/8-PUEBLO, or find the catalog on the Net at www.pueblo.gsa.gov . A Home for You and Your Family Publication Series, North Carolina Cooperative Extension Service, Housing & House Furnishings, Box 7605, Raleigh, NC, 27695-7605 (single copies free). Also contact the Extension Service office listed in the white pages of your phone book. Related Life Advice pamphlets See the following related Life Advice pamphlets: Buying a Home, Moving, Home Improvement, Homeowners Insurance, Renting an Apartment, Enjoying Retirement and When Your Children Leave the Nest. Helpful Links HomeWEB You'll find consumer information on selling a home from this comprehensive real estate and relocation source. Topics include info on real estate agents, marketing your home, financing & mortgages, sales contracts, pricing your home and more. Basically, this is a great place to start, if you're thinking about selling your home. Audrie's Advice Audrie provides a complete check-list for selling your home without an agent and thereby retaining all the profit for yourself. SellYourHomeYourself.com SellYourHomeYourself.Com is a unique site that helps the For Sale By Owner seller save money. On this FSBO web site you'll find all the resources you need to sell a home yourself. * Because the content of newsgroups and Websites changes constantly, it is impossible for us to review it all. We are not responsible for the content of any of the above links. Return to Federal Citizen Information Center Home Page Printer-friendly page --
Real estate brokers and
CA Real Estate License School for Broker's and Salespersons Directory of Schools HOME | CONTACT | FEATURED DEGREES | SCHOOL GUIDE | RESOURCES Current Users Online Real Estate License School for Brokers Salespersons and Agents ONLINE PROGRAMS Accounting Degree Advertising & Marketing Appraisal License USPAP Art Schools Online Associate Degrees Bachelor Degrees Broker Real Estate License Business & E-Commerce Canadian Online Schools Christian Education Computer Science Criminal Justice Degrees Engineering Colleges GED High School Diploma US High School Directory Graphic Designer Health Care Homeland Security Home Inspector Hotel & Restaurant Human Services Interior Design Information Technology MBA - Masters Programs Natural Health Schools Nursing - RN to BSN Paralegal - Law Degrees Psychology Programs Real Estate School Teaching - Teachers (CTE) US Military Web Development CAMPUS PROGRAMS Accounting Advertising Universities Arts & Design Auto Mechanic AutoCAD & Drafting Aviation Mechanic Business Schools Computer Programming Continuing Education Criminal Justice Culinary & Cooking Dental Office Assistant Diesel Mechanic Training English (ESL) College Engineering Courses Fashion Design Fashion Merchandising Film & Photography Graphic Design Gunsmithing Training Heating - HVAC/R Health Claims Specialist HomeLand Security Hotel & Restaurant Interior Design Information Technology IT Training & Certification Massage Therapy Medical Administrative Medical Billing & Coding Motorcycle Mechanic Microsoft Certifications Nursing Office Software Training Pharmacy Technician Paralegal & Law Real Estate Schools Refrigeration Air Conditioning Surgical Technologists Technology Travel & Tourism Veterinary Science Video Game Art Webmaster Certification Program Offerings: Online Real Estate Licence Renewals for the State of California for Brokers, Salesperson and Agents. We also offer Real Estate Appraisal Licenses for the States of California, Utah, Washington, Wyoming, South Dakota, Idaho, Iowa, Wisconsin, Louisiana, Virginia and the District of Columbia. Highlights for Real Estate, Agents, Brokers & Salespersons Real estate brokers and sales agents often work evenings and weekends, and are always on call to suit the needs of clients. A license is required in every State and the District of Columbia. Our feature schools offer accredited licence for newcomer and renewals for the professional. Well-trained, ambitious people who enjoy selling should have the best chance for success in the field of Real Estate. Real Estate Brokers - Salespersons - Agents One of the most complex and important financial events in peoples lives is the purchase or sale of a home or investment property. As a result, people usually seek the help of real estate brokers and sales agents or salesperson when buying or selling real estate. Real estate brokers and sales agents have a thorough knowledge of the real estate market in their community. They know which neighborhoods will best fit clients needs and budgets. They are familiar with local zoning and tax laws and know where to obtain financing. Agents and brokers also act as an intermediary in price negotiations between buyers and sellers. Real estate agents usually are independent sales workers who provide their services to a licensed real estate broker on a contract basis. In return, the broker pays the agent a portion of the commission earned from the agent's sale of the property. Brokers are independent business people who sell real estate owned by others; they also may rent and manage properties for a fee. When selling real estate, brokers arrange for title searches and for meetings between buyers and sellers where details of the transactions are agreed upon and the new owners take possession. A broker may help to arrange favorable financing from a lender for the prospective buyer that often makes the difference between success and failure in closing a sale. In some cases, brokers and agents assume primary responsibility for closing sales; in others, lawyers or lenders do this. Brokers supervise agents who may have many of the same job duties. Brokers also manage their own offices, advertise properties, and handle other business matters. Some combine other types of work, such as selling insurance or practicing law, with their real estate business. There is more to an agent or broker's job than making sales. They must have properties to sell. Consequently, they spend a significant amount of time obtaining listings owner agreements to place properties for sale with the firm. When listing a property for sale, agents and brokers compare the listed property with similar properties that have recently sold to determine its competitive market price. Once the property is sold, the agent who sold the property and the agent who obtained the listing both receive a portion of the commission. Thus, agents who sell a property they also listed can increase their commission. Most real estate brokers and sales agents sell residential property. A small number, usually employed in large or specialized firms, sell commercial, industrial, agricultural, or other types of real estate. Every specialty requires knowledge of that particular type of property and clientele. Selling or leasing business property requires an understanding of leasing practices, business trends, and location needs. Agents who sell or lease industrial properties must know about the region's transportation, utilities, and labor supply. Whatever the type of property, the agent or broker must know how to meet the client's particular requirements. Before showing residential properties to potential buyers, agents meet with buyers to get a feeling for the type of home the buyers would like. In this pre qualifying phase, the agent determines how much buyers can afford to spend. In addition, they usually sign a loyalty contract which states the agent will be the only one to show them houses. An agent or broker uses a computer to generate lists of properties for sale, their location and description, and available sources of financing. In some cases, agents and brokers use computers to give buyers a virtual tour of properties in which they are interested. Buyers can view interior and exterior images or floor plans without leaving the real estate office. Agents may meet several times with prospective buyers to discuss and visit available properties. Agents identify and emphasize the most pertinent selling points. To a young family looking for a house, they may emphasize the convenient floor plan, the area's low crime rate, and the proximity to schools and shopping centers. To a potential investor, they may point out the tax advantages of owning a rental property and the ease of finding a renter. If bargaining over price becomes necessary, agents must carefully follow their client's instructions and may have to present counter-offers in order to get the best possible price. Once both parties have signed the contract, the real estate broker or agent must see to it that all special terms of the contract are met before the closing date. For example, the agent must make sure the mandated and agreed-to inspections, including the home, termite, and radon inspections, take place. Also, if the seller agrees to any repairs, the broker or agent must see they are made. Increasingly, brokers and agents handle environmental problems by making sure the properties they sell meet environmental regulations. For example, they may be responsible for dealing with lead paint on the walls. While loan officers, attorneys, or other persons handle many details, the agent must ensure that they are completed. 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