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buy property to prevent

Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org

Purchase Property

Boston.com / Real estate Buying Renting Recent sales Place an ad Luxury Living Community data Financing Commercial Moving Guides Making an offer MORE Buying Guide: Step 1: What can I afford? Step 2: Find an Affordable Place Step 3. Home Buyer Counseling Step 4. Pre-Qualification Step 5. Making an Offer Step 6. Applying for a Mortgage Step 7. The Home Inspection Step 8. The Closing Process Get more information on home buying. Click here NEWS LINK NEWS LINK USEFUL LINKS Mass Housing pre-qualification Affordability calculator Income worksheet Debt worksheet Frequently asked questions RESOURCES For Sale: Homes | Condos | Open Houses For Rent: Apartments | Houses | Roommates Vacation rentals Place an ad: On Boston.com | In the Globe Commercial: Search listings for sale or rent TOOL KIT Printer-friendly version E-mail to a friend Once you've found the home that best meets your wants, needs and budget, it's time to make an offer. An offer is a formal bid for the property, and among other things, sets the amount you are willing to pay for the home. The Offer to Purchase is a signed contract and is therefore a legally binding commitment stating that you will buy the property provided certain terms and conditions are met. An accepted Offer to Purchase Real Estate must be in writing and must be signed by both parties; the Commonwealth of Massachusetts does not recognize verbal offers as valid. You might consider bringing your lawyer into the process before you sign anything, because an attorney can protect your interests as a first-time home buyer. Considerations Many factors come into play as you prepare to make an offer on a property. Carefully consider the following points: What is the condition and age of the house? What will be the cost of any repairs? Are the sellers willing to take on any of the repairs or closing costs? How long has the property been on the market? How active is the market? (i.e., buyers or sellers market) Are the sellers anxious to sell? Is the property in a particularly desirable location or school system? Does the house have everything or almost everything you've been looking for? Preparing the Offer When you are ready to make an offer to a seller or to the agent involved, do not offer more than you can afford. The offer should clearly outline all terms and conditions of the sale, including your name and the name of the party to whom the offer is made, the property's address, any special provisions regarding fixtures, appliances, etc., the total amount of the purchase price being offered (including the amount of deposit you are putting down to bind the offer and the additional deposit to be paid upon the execution of the Purchase and Sale Agreement), and any additional riders and deadline dates. Real Estate Regulations for the Commonwealth of Massachusetts can be obtained from www.mass.gov Timing and Deadlines Timing and deadlines are very important in real estate transactions. You should allow yourself enough time in the Offer to Purchase Real Estate to get an inspection, negotiate the Purchase and Sale Agreement, apply for and obtain mortgage financing, and set a closing date. Real estate deals often fail based on the inability to meet deadlines set forth in the offer. An Accepted Offer The seller may accept, reject or counter your offer. If there is a counter-offer, you may in turn accept, reject or counter. The negotiations between you and the seller could go on for several days and may be stressful at times. One way to mitigate stress during the negotiations is to involve a broker to mediate the process. It is important to remember that regardless of the progress of your negotiations, the house remains on the market during negotiations. Do I Need an Attorney? It is recommended that you retain an attorney when purchasing your first home. How will an Attorney help me? An attorney will protect your interests as a home buyer, and will: Help you negotiate a fair purchase price Help you prepare the Offer to Purchase Help you negotiate a more favorable purchase price if the home inspection uncovers significant problems Draft and/or revise the Purchase and Sale Agreement to protect you and your money Assist you with the mortgage process Prepare you for the final walk-through of the property Attend the closing and represent your interests. Tips for Successful Negotiations When negotiating the price of a home with the seller, you must analyze all of the relevant factors and determine who has the stronger bargaining position. Potential factors include market activity, location and timing. If the local market is active with many other buyers interested in the home, the seller may have the better position. If your local market is not active and the seller needs to sell the home, you may be in a better position to negotiate. For negotiating tips, Go The Purchase and Sale Agreement Once your offer has been accepted a Purchase and Sales agreement (normally the second contract between the buyer and the seller after the initial Offer to Purchase is signed) is drawn up by the broker. The Purchase and Sale Agreement spells out the agreement between the parties in specific detail. REMEMBER! This is a legally binding contract that should be reviewed by your attorney before you sign it. There are two types of Purchase and Sale Agreements: a Standard Form Purchase and Sale Agreement and a Condominium Purchase and Sales Agreement, which is designed specifically for issues associated with condominiums. It is a good idea to contact a broker to obtain copies of these forms. For a description of all components of a sales contract, Go Provisions and Contingencies By placing provisions and contingencies in your offer, you provide additional protections for you and your money. The Purchase and Sale Agreement should include a mortgage contingency clause, which states that your ability to buy the house is contingent upon your ability to obtain financing by an agreed upon date. Such a clause ensures that you do not lose your deposit on the house if your loan is not approved. Other contingencies should include acceptable home, termite, radon and lead paint inspections. The loan closing date and occupancy date should also be indicated in the agreement. For more information on provisions and contingencies, Go The Home Inspection What is the value of a home inspection? A satisfactory home inspection, although not required by law, is a major component of purchasing a home. A home inspection examines the condition of the property, and ensures that you are aware of any necessary repairs and potential problems before you buy the home. The buyer selects a licensed home inspector and pays for the inspection. The home inspection will cost a few hundred dollars but should be done; after all, uncovering problems before you buy could save you thousands. For more information, see Step 7: The Home Inspection . feedback | help | site map | advertising | globe archives | rss © 2006 The New York Times Company Real Estate Guide - Massachusetts Home Builder - New Home Construction

Land Loans Fixed Rate

First Hawaiian Bank: Hawaii/Guam — Mortgage Options select an online service -------------------- FHB Online FHB Business Online StrataWeb PlanWeb QuickTax Web Cash Manager - Hawaii Web Cash Manager - Guam for a new account -------------------- CREDIT CARDS Gold Aloha AirAwards MasterCard Gold Aloha AirAwards Visa Aloha AirAwards MasterCard Aloha AirAwards Visa Aloha Business AirAwards Business MasterCard Gold MasterCard Diamond Head MasterCard Ukulele MasterCard Gold Visa Mosaic Visa Surfer Visa -------------------- LOANS Morgage Pre-qualification Personal Loan Personal Line of Credit Business FirstLine Business FirstTerm Business Equipment Lease -------------------- CHECKING FirstChecking Discount Checking Regular Checking Bonus Checking Priority Banking Checking Business Checking -------------------- SAVINGS Regular Savings MaxiMizer Savings Certificates of Deposit -------------------- PrimeTime/Primera about products & services Business Services Cash Management Checking Accounts Credit Cards Foreign Exchange Insurance Services Investment Services IRA Leasing Lines and Loans * Home Equity Line of Credit * Personal Loans * Student Loans * Calculators Mortgages Online Banking PrimeTime/Primera Savings and TCDs Small Business Banking Student Banking Trust and Estate Services a branch or ATM Oahu * Oahu - Honolulu * Oahu - East Oahu * Oahu - Windward * Oahu - Northshore * Oahu - Leeward Maui & Lanai Big Island Kauai Guam Saipan First Investment Center Insurance Services Mortgage Banking • Mortgage Options • Mortgage Document Checklist • Current Rates • Foreclosures • Mortgage Glossary • Calculators • Realtor News • Contact Us Compare Options Pre-Qualify Now! Contact Us Mortgage Options For a free analysis and recommendation of the best mortgage loan program for you, please call us at 643-HOME (4663). Click on the options below to learn more about each of our mortgage solutions.  You can also use our  Online Comparison Tool  to compare options side by side. Fixed Rate Mortgage Adjustable Rate Mortgage (ARM) Balloon Mortgage First-Time Homebuyer Mortgage Absolute Zero Mortgage FHA/VA Flex 100 Rural Housing Service Loan (RHS) Construction Loans Home Improvement Loans Second Mortgage Land Loans Fixed Rate Mortgage Pre-Qualify Online Rates: · Interest rate is constant over the life of the loan Features: · Variety of terms available · Finance with as little as 3% down payment · Flexible qualifying guidelines Benefits: · Stable monthly payments · Protection against rising interest rates · Fully amortized over the life of the loan Best Suited For: · Borrowers seeking a set interest rate · Borrowers who want the certainty of knowing their payment amount · Borrowers on a fixed monthly income Adjustable Rate Mortgage (ARM) Pre-Qualify Online Rates: · Interest rates and monthly payments can adjust periodically over the life of the loan Features: · Conversion to a fixed rate option available · Initial interest rate may be lower than fixed rate products · Variety of terms available · Annual and lifetime interest rate caps Benefits: · Interest rates and monthly payments can adjust periodically over the life of the loan · Conversion to a fixed rate option available · Initial interest rate may be lower than fixed rate products · Variety of terms available · Annual and lifetime interest rate caps Best Suited For: · Borrowers who expect to move within 5-7 years · Borrowers who anticipate rising incomes · Borrowers who can manage payment changes · Borrowers expecting large cash settlements in the future Balloon Mortgage Pre-Qualify Online Rates: · Interest rate is fixed for a set term Features: · Monthly payments amortized over a longer period than the loan term · Balance is due on balloon date · Outstanding balance may be refinanced for qualified borrowers on balloon date Benefits: · Lower interest rate than fixed-rate mortgage · Borrower may qualify for higher loan amount · Stable monthly payments for term of loan · Rate re-set feature available after 7-years Best Suited For: · Borrowers who expect to move or refinance within 7 years · Borrowers who want to take advantage of lower short-term rates and can tolerate some uncertainty about future loan terms · Owner occupants and second homeowners First-Time Homebuyer Mortgage Pre-Qualify Online Rates: · Fixed or adjustable interest rates Features: · Variety of terms available · As little as 3% down payment · Flexible qualifying guidelines · Fully amortizing · Reduced loan fees Benefits: · Payments go towards equity rather than rent · Minimum down payment enhances buying power · Flexible guidelines may qualify borrower for larger loan amount · Reduced closing costs make buying easier Best Suited For: · First-times home buyers · Borrowers with limited personal funds for down payments and closing costs · Borrowers on modest incomes Absolute Zero Mortgage Pre-Qualify Online Rates: · Fixed interest rate loan Features: · 0 points and 0 closing costs · Competitive fixed rate pricing · Finance with as little as 3% down Benefits: · Allows buyers to save on closing costs and use the savings towards their down payment instead · Gives borrowers an opportunity to refinance and reduce their interest rate without paying expensive closing costs make buying easier Best Suited For: · Ideal for those limited on cash to close their loan · Best for those considering a move or refinance in 5-7 years · Ideal for those who want to reduce their rate without paying for points or closing costs · For those with limited down payment who want to buy now instead of later · Restricted to owner occupants FHA/VA Pre-Qualify Online Rates: · Fixed or adjustable interest rates Features: · Requires little or no down payment · Flexible qualifying guidelines Benefits: · Low down payment · Certain closing costs may be financed · Less cash on hand required to qualify Best Suited For: · First-time home buyers · Borrowers on modest incomes · Eligible veterans Flex 100 Pre-Qualify Online Rates: · Fixed long term rates Features: · No down payment · Able to use "flexible" funds for closing cost such as gifts, grants, or unsecured loans from relatives Benefits: · No income limits · Stable monthly payments for term of the loan · Possibly maximize your tax deduction Best Suited For: · Borrowers with excellent credit · Borrowers on modest incomes · Eligible veterans Rural Housing Service Loan (RHS) Pre-Qualify Online Rates: · Fixed long term rates Features: · No down payment · Guaranteed loan to assist eligible households in rural areas Benefits: · No reserves required · May be able to finance all closing costs Best Suited For: · Limited to owner occupants · For borrowers located in rural areas Construction Loans Pre-Qualify Online Rates: · Fixed or adjustable interest rates Features: · Interest only payments during the construction period · Permanent financing means applying only once · Competitive pricing Benefits: · Buy your land and build, all with one permanent financing plan · Interest only payments provide some relief on the budget during the construction period · Flexible pricing to meet your construction contract terms Best Suited For: · Those planning to buy land and build within a year · Large dollar home improvement projects Home Improvement Loans Pre-Qualify Online Rates: · Fixed long term interest rate loan with competitive pricing Features: · As little as 5% down payment Benefits: · Buy a home and renovate with one loan · Stable monthly payments for term of loan Best Suited For: · Those who are owner occupants, second homeowners and investors · Those who want to buy a "fixer-upper" Second Mortgage Pre-Qualify Online Rates: · Fixed rate and adjustable rate mortgages Features: · Competitive pricing Benefits: · Use the equity in your home to consolidate higher interest rate loans, purchase automobiles, make home improvements and more. · Does not affect a current low rate first mortgage Best Suited For: · Those with established equity in their homes · Best for shorter term obligations Land Loans Pre-Qualify Online Rates: · Fixed rate or adjustable rate mortgages available Features: · Competitive pricing Benefits: · Buy the land now, build later · Recieve a discount on fees when applying for a construction loan at First Hawaiian Bank within a 1-year period Best Suited For: · Those seeking to invest in land, but not ready to build just yet About Us | Career Opportunities | Bancwestcorp.com | Member FDIC | Equal Housing Lender | Site Map | Contact Us

Florida Real Estate Commission's

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