foreclosure property is a


Real estate foreclosures information from Answerbag Real estate foreclosures What you need to know about buying property that has been foreclosed Home » Index » Real estate » Foreclosures Questions What is a foreclosure? Are foreclosures an option? What are problems buying foreclosures? What types of foreclosure are there? How do you get financing for a foreclosure? What happens at a trustee sale? How do you find government-repossessed homes? Can I get a HUD home for as little as $100 down? Where can I find foreclosures? Do I have to buy HUD homes through a realty agent? Where do I learn about HUD foreclosures? How does a home go into foreclosure? What happens at a trustee sale? How bad is a previous foreclosure on credit? What makes a newspaper "the newspaper of record" in a given state? Who takes care of delinquent property taxes that have been previously sold at tax certificate sale for prior years? Am I responsible for any liens that were on a foreclosed property before I had purchased it? I have the policy of title insurance. In the normal home buying process, issues found during the home inspection allow you to back out of the purchase. Does this apply to foreclosures also? How long does foreclosure take? Where can I find an example of a letter to send to home owner's who are facing forclosure asking them if they would like to sell before their home is forclosed on? If a bank initiates a foreclosure on a property which also has an IRS lien, and the bank ends up buying back the property for the amount of the unpaid loan, does the bank also have to satisfy the IRS lien? Can you use a prequalification letter to secure a bid on a property that has been foreclosed on by a mortgage company at the county sale? » Ask a question What is a foreclosure? (100%, 2 ratings) submitted by Andersen777 ( A++ , 99%, 1854 ratings), Apr 27, 04 A foreclosure is a legal procedure whereby a lender gains title or sells a mortgagors after he or she does not pay it in order to satisfy all or part of the unpaid debt (legal definition). Layman's terms: Essentially, due to lack of payments, the property is repossessed by the lender. The property is then re-sold as foreclosed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Are foreclosures an option? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 A foreclosure property is a home that has been repossessed by the lender because the owners failed to pay the mortgage. Thousands of homes end up in foreclosure every year. Economic conditions affect the number of foreclosures, too. Many people lose their homes due to job loss, credit problems or unexpected expenses. It is wise to be cautious when considering a foreclosure. Many experts, in fact, advise inexperienced buyers to hire an expert to take them through the process. It is important to have the house thoroughly inspected and to be sure that any liens, undisclosed mortgages or court judgments are cleared or at least disclosed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What are problems buying foreclosures? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Buying directly at a legal foreclosure sale is risky and dangerous. It is strictly caveat emptor ("Let the buyer beware"). The process has many disadvantages. There is no financing; you need cash and lots of it. The title needs to be checked before the purchase or the buyer could buy a seriously deficient title. The property's condition is not well known and an interior inspection of the property may not be possible before the sale, says Wiedemer. In addition, only estate (probate) and foreclosure sales are exempt from some states? disclosure laws. In both cases, the law protects the seller (usually an heir or financial institution) who has recently acquired the property through adverse circumstances and may have little or no direct information about it. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 There is however a difference in Sheriff Sale auction homes and REO foreclosure homes The ones up for auction are risky, no access, owners usually still in them, not sure the condition of the home b4 you bid Of course if the price is LOW enough then who cares REO homes have been auctioned to the bank, cleaned out, and listed with an REO agent in the area. Some of these will be priced high others will be dirt cheap, and you can go look inside them They are all sold AS IS, you can do an inspection but cannot use it to get out of the contract should you find something wrong. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What types of foreclosure are there? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Judicial foreclosure action is a proceeding in which a mortgagee, a trustee or another lien holder on property requests a court-supervised sale of the property to cover the unpaid balance of a delinquent debt. Non-judicial foreclosure is the process of selling real property under a power of sale in a mortgage or deed of trust that is in default. In such a foreclosure, however, the lender is unable to obtain a deficiency judgment, which makes some title insurance companies reluctant to issue a policy. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How do you get financing for a foreclosure? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 One reason there are few bidders at foreclosure sales is that it is next to impossible to get financing for such a property. You generally need to show up with cash and lots of it, or a line of credit with your bank upon which you can draw cashier's checks. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What happens at a trustee sale? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 Trustee sales are advertised in advance and require an all-cash bid. The sale is usually conducted by a sheriff, a constable or lawyer acting as trustee. This kind of sale, which usually attracts savvy investors, is not for the novice. In a trustee sale, the lender who holds the first loan on the property starts the bidding at the amount of the loan being foreclosed. Successful bidders receive a trustee's deed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How do you find government-repossessed homes? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 The U.S. Department of Housing and Urban Development acquires properties from lenders who foreclose on mortgages insured by HUD. These properties are available for sale to both homeowner-occupants and investors. You can only purchase HUD-owned properties through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price. Down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from the conventional market's 5 to 20 percent. One caution. HUD homes are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Can I get a HUD home for as little as $100 down? (100%, 2 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 If you are strapped for cash and looking for a bargain, you may be able to buy a foreclosure property acquired by the U.S. Department of Housing and Urban Development for as little as $100 down. With HUD foreclosures, down payments vary depending on whether the property is eligible for FHA insurance. If not, payments range from 5 to 20 percent. But when the property is FHA-insured, the down payment can go much lower. Each offer must be accompanied by an "earnest money" deposit equal to 5 percent of the bid price, not to exceed $2,000 but not less than $500. The U.S. Department of Veterans Affairs also offers foreclosure properties which can be purchased directly from the VA often well below market value and with a down payment amount as low as 2 percent for owner-occupants. Investors may be required to pay up to 10 percent of the purchase price as a down payment. This is because the VA guarantees home loans and often ends up owning the property if the veteran defaults. If you are interested in purchasing a VA foreclosure, call 1-800-827-1000 to request a current listing. About 100 new properties are listed every two weeks. You should be aware that foreclosure properties are sold "as is," meaning limited repairs have been made but no structural or mechanical warranties are implied. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) User comments eric soto : very useful, thanks for the phone # » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Now days you can pretty much buy anything for no money down There are even programs out there for investors with 0 Down to use on duplexs and 4 families This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where can I find foreclosures? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 In most states, a foreclosure notice must be published in the legal notices section of a local newspaper where the property is located or in the nearest city. Also, foreclosure notices are usually posted on the property itself and somewhere in the city where the sale is to take place. When a homeowner is late on three payments, the bank will record a notice of default against the property. When the owner fails to pay up, a trustee sale is held, and the property is sold to the highest bidder. The financial institution that has initiated foreclosure proceedings usually will set the bid price at the loan amount. Despite these seemingly straightforward rules, buying foreclosures is not easy as it may sound. Sophisticated investors use the technique so novices may find themselves among stiff competition. Resources: * "The Smart Money Guide to Bargain Homes, How to Find and Buy Foreclosures," James I. Wiedemer, Dearborn Financial Publishing, Chicago; 1994. * "Real Estate Principles," Charles O. Stapleton III, Thomas Moran and Martha R. Williams, Dearborn Financial Publishing, Chicago; 1994. * "Real Estate Investing From A to Z," William H. Pivar, Probus Publishing, Chicago, 1993. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 For auctions go to your local courthouse For REO homes go to a site like foreclosure.com or find a broker like me in your area, I pay for the site and get all the info then i post a list weekly by email to hundreds of investors in the area FREE. Look around there is always a guy like me This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Do I have to buy HUD homes through a realty agent? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 You can only purchase a U.S. Department of Housing and Urban Development property through a licensed real estate broker. HUD will pay the broker's commission up to 6 percent of the sales price. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where do I learn about HUD foreclosures? (100%, 2 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 9, 03 One good source is their Web page http://www.hud.gov This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How does a home go into foreclosure? (75%, 1 rating) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 (Answer last edited on Jul 5, 05) Foreclosure proceedings usually begin after a borrower has skipped three mortgage payments. The lender will record a notice of default against the property. Unless the debt is satisfied, the lender will foreclose on the mortgage and proceed to set up a trustee sale. For more questions or to learn about foreclosure prevention and information... http://www.propertyinvestmentadvisor.com/stop-foreclosure.html. To learn about foreclosure investing try here... http://www.propertyinvestmentadvisor.com This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) User comments Anonymous : kind of sketchy to those of us who really know nothing of real estate. » Add new answer » Add new question » Email me when a new answer is posted » Top What happens at a trustee sale? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 Trustee sales are advertised in advance and require an all-cash bid. The sale is usually conducted by a sheriff, a constable or lawyer acting as trustee. This kind of sale, which usually attracts savvy investors, is not for the novice. In a trustee sale, the lender who holds the first loan on the property starts the bidding at the amount of the loan being foreclosed. Successful bidders receive a trustee's deed. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How bad is a previous foreclosure on credit? (0 ratings) submitted by Real Estate Guy ( A , 97%, 58 ratings), Sep 10, 03 A property foreclosure is one of the most damaging events in a borrower's credit history. In terms of the effect on credit history, a deed in lieu of foreclosure or a short sale is not as adverse an event as is a forced foreclosure. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top What makes a newspaper "the newspaper of record" in a given state? » Add new answer » Add new question » Email me when an answer is posted » Top Who takes care of delinquent property taxes that have been previously sold at tax certificate sale for prior years? » Add new answer » Add new question » Email me when an answer is posted » Top Am I responsible for any liens that were on a foreclosed property before I had purchased it? I have the policy of title insurance. (100%, 1 rating) submitted by breadmanpaul ( A+ , 97%, 219 ratings), Sep 21, 05 Your title insurance provides you with clear title to the property. You cannot obtain clear title without in some way dealing with all existing liens. When you purchased the property, you very likely paid off all of the liens. If there are still liens against the property that were there before you purchased the property, then you do not have clear title. If you have evidence of any existing liens, then take them to the title company that provided you with title insurance. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 No... example Sold woman a reo home in Feb of this year had back taxes for 02, 03, 04 due 04 was paid at closing title company mistake now assessor wants 02 and 03 or will tax foreclose title insurance company just paid the assessor they are your insurance that ALL title is clear up to the contract phase then make sure you get a gap for the remainder This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top In the normal home buying process, issues found during the home inspection allow you to back out of the purchase. Does this apply to foreclosures also? (0 ratings) submitted by DARON J ( A- , 86%, 80 ratings), Nov 29, 04 Normally the sell of a forclosure is "as is" . This is supposed to be stated in the realestate listing. If this is the case then you would lose your earnest money if you back out of the contract. This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top How long does foreclosure take? (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Most banks will let you be default for 12 months then they will start the procedure for auction this usually takes 90 days before its over and they are evicted depends on each area and the local laws This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Where can I find an example of a letter to send to home owner's who are facing forclosure asking them if they would like to sell before their home is forclosed on? » Add new answer » Add new question » Email me when an answer is posted » Top If a bank initiates a foreclosure on a property which also has an IRS lien, and the bank ends up buying back the property for the amount of the unpaid loan, does the bank also have to satisfy the IRS lien? (0 ratings) submitted by Team Jackson (0%, 0 ratings), Nov 17, 05 Yes all liens must be clear to resell the property with clear title This answer is ( useful ¤ somewhat useful ¤ incorrect ¤ offensive/spam ) » Add new answer » Add new question » Email me when a new answer is posted » Top Can you use a prequalification letter to secure a bid on a property that has been foreclosed on by a mortgage company at the county sale? » Add new answer » Add new question » Email me when an answer is posted » Top » Ask a question » Send me updates Important: Answerbag cannot guarantee the accuracy of answers submitted by members, and we recommend that you use common sense when following any advice found here. Full disclaimer User tools » Ask a question » Send me updates » Send to a friend » Show in text format » RSS Feed Glossary · NOD » Add new term Related Links No links submitted yet » Add new link Answerbag experts on Real estate foreclosures 1. Andersen777 ( A- , 100%, 2 ratings) 2. 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California Department of Real Estate: Using the Services of a MortgageBroker Using the Services of aMortgage Broker (Revised by DRE January2002) Introduction A home loan is a transaction inwhich you promise to repay money you have borrowed and also give the lender amortgage on your home to secure repayment. In California, your promise to repayordinarily is in the form of a promissory note and the mortgage is ordinarily inthe form of a deed of trust. You need to make certain that you understand theterms of the loan before you become obligated. Whether you obtain a loan througha mortgage broker, a financial institution or some other lender, you should askquestions about the loan process and paperwork so that you understand the formof the transaction and the terms of the loan before you agree to them. The purpose of this brochure isto provide basic information about using the services of a mortgage broker whichmay assist you in making an informed decision when seeking a home loan. Using the Services of aMortgage Broker A mortgage broker helps youobtain a home loan. A mortgage broker may be licensed by either the CaliforniaDepartment of Corporations or the California Department of Real Estate. Mortgagebrokers make or arrange first mortgages and junior mortgages. A junior mortgagesecures a loan which is secondary or junior to one or more other loans on theproperty. Some home loans arranged through brokers are very similar to a homeloan you might obtain independently from a bank, savings and loan association(S&L), credit union, finance company, or other type of lender. Some brokersoffer shorter loan terms and/or different repayment plans. Prior to using the services ofa mortgage broker ensure that you check to make sure they are properly licensedby checking with the California Department of Corporations at http://www.corp.ca.gov or 1-800-347-6995 and/or the California Departmentof Real Estate at http://www.dre.ca.gov or (916) 227-0931. You may also wish to check with the Better BusinessBureau at http://www.bbb.org to see if the company is a member and if any complaints have been filed againstthe company. The Role of the Mortgage Broker The mortgage broker is usuallyan agent for the purpose of arranging the home loan transaction. Thisrelationship imposes a legal duty on the broker to disclose to you the material(important) facts you need to know about the loan. The broker has a duty offairness and honesty to both you and the lender. These legal duties can beimportant in resolving disputes which arise after the loan is made, but the bestway to avoid problems and disputes is to ask questions and be sure youunderstand the terms of the loan and each of the loan documents before you sign. When acting as an agent, thebroker speaks for you in submitting your loan application to a lender. Make surethat you give the broker full and accurate information, and that any loanapplication or other document the broker prepares for your signature is accurateand complete before you sign it. Make sure you understand the terms of the loanbefore you agree to it. Mortgage Broker Commissions andLender Fees Mortgage broker commissions andlender fees are not usually set by law. Mortgage Brokers are paid eitherdirectly by you or by the lender who funds the loan. You may choose to pay themortgage brokers commission with: Cash (out of pocket) or Proceeds from the loan (this will increase your loan balance) or A lenders rebate or service release premium (see definition of lenders rebate and service release premium below). Compare fees charged by severallenders and mortgage brokers. You may be able to do this with a few phone calls.Ask about the amount of the fees and costs to be paid by you in cash before theloan is funded, the amount of the fees and costs to be paid from the loanproceeds or lender rebates, and the amount of fees and costs to be financed. Definitions Points - The term "points"customarily refers to the commission, or origination fee, charged by themortgage broker or the loan fee charged by the lender when the loan is made.Each point is 1% of the loan amount. On a $100,000 loan, 1 point is $1,000 and10 points is a charge of $10,000. The amount of points charged is not usuallyset by law. You may wish to shop for a mortgage broker or lender who chargesfewer points. You may be able to negotiate for lower points. Asking about pointsbefore you choose a mortgage broker or lender may save you money. You should beaware, however, that a "no points" or "zero points" loan mayhave a higher interest rate than a loan for which points must be paid.Therefore, it is important to compare the points, costs and interest rates inorder to decide which loan is best for you. And remember, there is no such thingas a "no cost loan." Points can also be paid by the borrower to obtaina lower interest rate loan. These are referred to as "DiscountPoints". Rate Sheet - A term used to describe how lenderscommunicate (via computer or fax) the interest rates, terms and costs of loanproducts available to mortgage brokers. Interest rates can change several timesa day. Each lender provides its approved mortgage brokers with the current ratesheet for its loan products. Par Loan - The interest rate at which theborrower pays no discount points and the lender pays no rebate to the broker fordelivering the loan to the lender. Yield Spread Premium (also know as a lender rebate) Therate at which a mortgage broker is compensated for the difference between theinterest rate on a par loan and the interest rate on an above par loan, which abroker can deliver to the lender. This is expressed in the number of points paidto a broker. A broker receives payment of the premium, the lender obtains ahigher than par loan, and the borrower pays for the premium over the entire lifeof the loan. For example, if the interest rate on a par loan is 7% and themortgage broker can deliver a 7.5% loan to the lender, the lender may beoffering to pay the mortgage broker a rebate of 2 points or 2% of the loanvalue. For a $100,000 loan, the broker would be paid a $2,000 Yield SpreadPremium by the lender and the borrower would have to pay a higher interest rateover the life of the loan. Always ask your broker if rebate pricing is involvedon your loan; a broker must disclose any rebate they are to receive inconnection with your loan to you. Service Release Premium This is another form of compensationthat a lender may pay to a broker for delivering a loan. Each loan comes with"servicing rights", which are the rights to collect the mortgagepayments. Servicing rights can be sold independently of the actual mortgage.Some lenders pay mortgage brokers a "Service Release Premium",expressed as points, when the mortgage broker delivers the lender a loan. Alwaysask your broker if a Service Release Premium is involved on your loan, a broker must disclose any Service Release Premium they are to receive in connection with yourloan to you. Loan Pre-Approval Mortgage Brokers will obtainpre-approval for a loan based on preliminary information supplied by theborrowers. THIS IS NOT A LOAN APPROVAL . Loan Approval only takes placeafter all required information has been reviewed and approved by the lendersunderwriter. Loan approvals may also contain conditions that the borrower mustmeet prior to funding of the loan. Loan Lock A request for the interest rate onyour loan can either be locked or floating. If you choose to obtain a loan lockthe mortgage broker will "lock-in" the agreed upon interest rate atthe time you request the lock. This lock is for a given period of time. Alwaysask your broker for the length of the lock and if there is any lender charge forlocking the interest rate of your loan. Always ask for a written lock-inagreement, signed by the mortgage broker, detailing the exact terms of thelock-in. You may choose to float theinterest rate on your loan. This means that the loans interest rate will beset at the prevailing interest rate for your loan program on the day of closing. Remember interest rates canchange daily and sometimes more than once in a day. You need to talk with yourbroker to determine the best course of action for you. Annual Percentage Rate (APR) - The annual percentage rate (APR) ofinterest includes both the simple interest rate and certain fees, commissions,costs, and expenses. By contrast, the simple interest rate, or note rate, doesnot include these costs and fees. If a broker or lender quotes an interest rateto you, be sure to ask if that rate is the simple rate or the APR. Use the APRto compare loans which have different simple interest rates, points and otherloan charges. The loan with the higher APR may cost you more over the term ofthe loan. What Other Fees Should I AskAbout? The mortgage broker may chargeyou loan application processing fees. You may incur appraisal and credit inquiryexpenses. However, if the mortgage broker asks for payment in advance forany service other than an appraisal or credit inquiry, call the DRE to see ifthe broker has approval to do so. Closing costs may include charges for documentpreparation, escrow services, title insurance, notary services, and recordingfees. You may also be charged for fire or homeowners insurance coverage,optional credit life or disability insurance, or beneficiary statements. You do not have to buy creditlife or disability insurance. Credit life and disability insurance benefits makeyour mortgage payments if you die or become disabled. Many credit life anddisability policies have limitations, called exclusions, that excuse the insurerfrom paying under a variety of circumstances. Make certain you understand theterms of the policy and what it excludes. You can also secure financialprotection from disability or death through standard term life insurance ordisability insurance. Before you buy credit life or disability insurance,compare the cost with the cost of a term life or disability policy. Do My Costs Increase if IBorrow More Money? Many loan costs and fees arebased on the amount of the loan. Usually, the more you borrow, the higher thecosts and fees. Also, your costs and fees are limited by law on first mortgagesunder $30,000 and junior mortgages under $20,000 which are arranged through abroker, licensed by the Department of Real Estate. An Overview Of The Loan Process Selecting a mortgage broker orlender As statedearlier, brokers usually act as your agent with the lender. You can also dealdirectly with some lenders, without using a mortgage broker. Whichever youchoose, ensure that you have checked out the company. Try to use companies thatpeople you know have used and can tell you the level of service provided. Ratesshould be competitive with other companies. Remember that if the deal sounds togood to be true, it probably is. The Loan Application You will have to provide acompleted loan application. Some brokers will come out to your home to take theapplication, you can fill one out yourself, or some brokers have Web sites thatallow you to submit the application on-line. You will probably be asked to payfor a credit report and appraisal fee up front. If a broker tells you the creditreport and appraisal costs are not being charged to you, make sure to get it inwriting. Also verify that you will not pay for these items at the close ofescrow out of your loan proceeds or that the broker will not demand payment forthe fees, if you do not close the loan. The broker will also require that yousubmit the required documents that the lender requires in relationship to theloan program you are trying to obtain. Both the broker and lender will provideyou with required disclosures regarding the terms of the loan. It is importantthat you review these disclosures and ensure that the terms meet with yourapproval. Processing the Loan This is the process were the brokerobtains the required information and submits it to the lenders underwriterfor loan approval. This is a critical stage in obtaining your loan. Ensure thatyou respond to all requests for information in a timely manner. This willincrease your chances of getting the loan or learning why you dont qualify.This is also the time you may want to lock in an interest rate. Remember to keepin contact with the broker and to monitor the loan process, ensuring that thebroker is meeting the agreed upon time frames. Closing the Loan This is the final stage of the loanprocess. The closing can take place at a title company, escrow company, or thebrokers office. The broker may use a signing service that will bring thedocuments to you for signing. No matter where the signing takes place, this isthe time to ensure the loan terms and costs are what you asked for. Read alldocuments. Do not let yourself be rushed. If you have questions, ask them andmake sure you understand the answers. If the terms and conditions are not whatwas agreed upon, do not sign the loan documents. Request that the documents beredrawn stating the correct terms. Debt Consolidation: BorrowingMoney on My Home to Pay My Bills Be careful about using a homeloan to consolidate debts into a single monthly payment. A home loan isdifferent from other consumer debts. If you cant pay most consumer debts, youmight receive a bad credit rating, be sued, or even be forced into bankruptcy.But if you cant pay your home loan, you could lose your home. Many consumer debts such asbills for credit cards or medical services are unsecured. Other consumer debtslike car payments or furniture payments may be secured by an interest in thegoods but not by an interest in your home. If you cant repay consumer debts,the creditor may be able to take back the goods and sue you for the amount ofthe debt not repaid by the resale of the goods. But on a consumer debt, thecreditor cannot simply foreclose on your home. If you pay off consumer debtslike car, medical or credit card bills with a home loan, the new debt is securedby your home. This creates the risk that you could lose your home if you cantmake the payments. CONSUMER CHECKLIST Questions to Ask About Debt Consolidation Are your debts unsecured (such as medical bills and credit card bills) or secured only by an interest in personal property (such as a car or furniture payments)? Can you work out a payment schedule with your creditors to repay existing debts? How will you pay off a new home loan if you cant pay your current bills? Paying Off a Balloon PaymentLoan A balloon payment loan is notfully paid off through the monthly payments. A loan without a balloon payment isrepaid a little bit each month. With these loans, each months payment appliesto both interest and principal. They are called fully amortized loans becauseyou pay off (amortize) the loan with your monthly payments. By contrast, aninterest-only loan or a partially amortizing loan will include one or moreballoon payments: i.e., payments that are twice or more the size of the regularpayment. Partially amortizing andinterest-only loans have lower monthly payments than fully amortizing loans forthe same amount. In an interest-only loan, the monthly payments do not pay anyof the loan principal. The payments cover only interest. The unpaid principalmust be paid by one or more balloon payments. For example, if you obtain a$15,000 interest-only loan at 15% interest for 5 years, you must make monthlyinterest payments of $187.50. At the end of the 5 year term, however, you wouldstill owe the entire $15,000 principal and it would be due in one balloonpayment. (If you had made payments of $356.85 instead, the loan would have beenamortized/paid off by the end of the 5 year loan term. If your loan was for 10years, monthly payments of $242 per month would fully amortize it.) A balloonpayment results when your monthly payments pay only interest (a non-amortizingloan) or when they pay only part of your loan principal (a partially amortizingloan). An example of each could looklike this: $15,000 Loan 15% 5 Yrs Monthly Payment Balloon (Due After 5 Yrs) Fully Amortized $356.85 0 Partially Amortized $280.00 $7,000.00 Interest Only $187.50 $15,000.00 With interest-only andpartially amortizing loans, if you do not have the financial means to repay thebalance of the loan principal as a balloon payment at the end of the loan term,your choices could include: selling your home to make the balloon payment; taking out another loan typically incurring more fees and costs to pay off the balloon payment; or losing your home to foreclosure if you fail to make the balloon payment. If you refinance the loan topay the balloon payment, you typically must pay new loan fees and closing costs.This could increase your debt. If the debt becomes too large in comparison withthe amount of equity in your home, you may not be able to further refinance.Then, if you are not able to satisfy the debt, you could lose your home inforeclosure or be forced to sell it to pay off the loan. Refinancing My Existing FullyAmortizing Mortgage Sometimes borrowers replace anexisting mortgage with a new, larger first mortgage. Some things to consider indeciding whether to refinance an existing mortgage are: refinancing may replace a fully amortizing loan with a loan requiring a balloon payment. refinancing may shorten the amount of time you have to repay by replacing a long term loan with a short term loan. a new junior mortgage in a smaller amount may cost less, in points and fees, than refinancing the existing first mortgage. CONSUMER CHECKLIST Interest-Only and Partially Amortizing Loans How much will you owe (balloon payment) after you make all the monthly payments? How much would the monthly payments be to fully amortize the loan and avoid any balloon payment? Could you afford the monthly payments on a fully amortizing loan if you borrowed less money or obtained a longer loan term? Where will you obtain the money to make the balloon payment? Remember that you risk losing your home if you cant pay the balloon payment. How Do I Decide About theLength of Loan Term? The term of the loan is thenumber of years you have to repay it. First mortgages usually have terms of 15,30, or even 40 years. Junior mortgages typically have terms of 1, 3, 5, orperhaps 10 or more years. With a fully amortized loan, the longer the loan term,the lower your monthly payments. With an interest-only or partially amortizingloan, a longer loan term means you have more time before you have to pay theballoon payment. In any event, the longer the loan term the more total interestyou will pay, assuming you do not prepay the principal of the loan. How Do I Choose a MortgageBroker and a Loan? Call lenders and mortgagebrokers and ask about interest rates and fees for the size loan you need. Besure to ask: What types of loans are available? What is the approximate amount you will have to borrow to receive the amount of cash you want? (That is, what amount of fees will be financed and deducted from your loan proceeds?) Does the lender or mortgage broker offer loans in the dollar amount you need? How much is the lenders fee or brokers commission on this size loan? What other fees or costs will you be charged and what is the estimated amount of each? Will you have to pay any fees if the loan is denied? Will you have to pay any fees if you apply, but then change your mind? What is the amount of the monthly payments, and the amount of any balloon payment? Will the loan be fully amortized/paid off by the regular monthly payments? What is the length of the repayment period/term of the loan? (The more time you have to repay, the lower your payments will be on a fully amortizing loan.) What is the simple interest rate? Is the interest rate fixed or does it vary over the term of the loan? What is the Annual Percentage Rate? On an adjustable rate mortgage(ARM), the interest rate and your monthly payment may increase with anincrease in the index used in your mortgage. In an ARM, the current interestrate is calculated by adding a fixed margin (such as 2%) to an index such as theCost of Funds Index published by the Federal Home Loan Bank Board. INDEX RATE +MARGIN = MORTGAGE RATE. For adjustable rate loans, askthe lender or broker: How long is the initial interest rate guaranteed? How often can the interest rate change? What is the largest monthly payment you could face? How often can the payments change? Can the amount you owe increase through negative amortization? (This can happen if your monthly payment is less than monthly interest costs.) What is the formula that will be used to set the rate? What would the rate be today if it were set by that formula? What are the caps on how high/low the interest rate can go? Is there a cap on how high or low a payment can be adjusted when the interest rate adjusts? A good way to determine howmuch the fees and costs will be on a loan is to ask each lender or broker twoquestions: 1) "Approximately how much do I have to pay in cash before theloan is funded?" and 2) "What is the approximate amount of money Iwill have to borrow to end up with a certain amount of cash?" By comparingthe answers you can find out how much you would have to borrow from each sourceto end up with the same amount of cash paid to you. What Do I Need to Know Aboutthe Loan Application? You will usually be asked tofill out a loan application describing your income, assets, debts and expenses,and the real property which is to secure the loan. Before you sign theapplication, make sure that it truthfully states your income, assets, debts andexpenses. Never sign a blank application. Do not stretch the truth on your loanapplication. Dont exaggerate your income or understate your debts. The lenderis entitled to know your true financial condition. You may be asked to providedocuments to the mortgage broker to verify your employment and bank accounts.The sooner you comply with these requests, the sooner your loan application canbe processed. Consumer Checklist: The LoanApplication Accurately report your income, assets and debts. Never sign a blank application. Ask for a copy of your signed application. To avoid delays, promptly provide the information requested by the mortgage broker. Ask approximately how long it will take to process the application and obtain the loan you are requesting. Using the Mortgage LoanDisclosure Statement In most cases, a mortgagebroker must cause to be delivered to you a Mortgage Loan Disclosure Statement(MLDS) within 3 business days after you complete and present to the mortgagebroker a written loan application or before you become obligated to take theloan, whichever is earlier. Ask to receive the statement as soon as possible andread it carefully. It will provide you with the following information about theloan: the amount you are borrowing (the principal); the estimated amount of any costs which are to be financed as part of the principal; the estimated amount you will pay in fees to get the loan, including commissions to the mortgage broker; and the estimated amount of money that you will receive from the loan after costs, fees, and commissions have been deducted. Compare the line on thestatement showing the amount of the principal with the line stating the amountof cash which will be paid to you. The difference between these two numbers isthe amount of fees and costs which will be financed as part of your loan debt. The statement must also includeestimates of the maximum costs of arranging the loan. It must list the estimatedamount of each of these fees, if they apply: appraisal fee lender fees escrow fee title insurance charge notary fee recording fee credit investigation fee fire or other hazard insurance premiums credit life or disability insurance premium beneficiary statement fees reconveyance fee (when you are refinancing an existing loan) The disclosure statement shouldalso list any existing loans or liens against the property. If you expect thenew loan to pay off a debt, check to be sure that debt is listed. Be sure to ask for thisdisclosure statement before you sign the loan papers. You do not becomeobligated to accept the loan until you sign the loan agreement or promissorynote. If the disclosure statement does not describe the terms that you expect orwant, dont sign the loan papers. Any changes from the original terms, cost,or expenses, must be disclosed to you in a timely manner. If the loan transaction isfederally related, you may not receive an MLDS but you should receive a GoodFaith Estimate conformed to California disclosures and certain Truth-in-Lendingdisclosures. These are federal disclosures which together generally provide thesame information as the MLDS. (See discussions below regarding RESPA and theTruth-in-Lending Act.) If the broker does not provide the MLDS, he/she mustseparately advise you of any compensation received or expected from the lenderand whether the loan includes a balloon payment. Get It In Writing Do not be afraid to ask themortgage broker or lender to show you where the loan papers describe anyparticular features of the loan which have been promised to you. If the termsyou have been promised are not there, ask the mortgage broker or lender to putthem in writing. Promises made only orally may not be enforceable. Real Estate SettlementProcedures Act (RESPA) The Real Estate SettlementProcedures Act (RESPA) is a federal law administered by the U.S. Department ofHousing and Urban Development (HUD). RESPA only applies to federally relatedloans and requires, among other things, that mortgage brokers providedetailed information on settlement costs so that buyers and borrowers can shoparound for settlement services. Mortgage brokers and lenders must provide a goodfaith estimate of costs the borrower is likely to incur at close of escrow. Thebroker must present this estimate not later than 3 business days after receiptof a written loan application. The estimate will contain information similar tothe Mortgage Loan Disclosure Statement required by California law. In somecases, a broker may use one disclosure form to comply with both the state andfederal requirements. Your Rights Under the FederalTruth-in-Lending Act The Federal Truth-in-LendingAct (TILA) applies if the broker makes the loan with its own funds or arrangesthe loan for a lender who makes five or more home loans per year. If the TILAapplies, the lender must provide you a disclosure before you become obligatedwhich tells you: the identity of the creditor; the amount financed; that youhave a right to an itemization of the amount financed; the dollar amount of thefinance charge; the finance charge expressed as an annual percentage rate (APR);the number, amount and periods of payments; the total of all payments; any latepayment charge; and whether or not there is a charge upon prepayment of the loanprincipal. The disclosure statement mustalso identify the property which is to secure the loan and should tell youwhether the terms of the loan permit assumption of the loan by someone buyingthe property from you. If the TILA applies, you mayhave a right to rescind (cancel) the loan within three days after certainevents, including the consummation of the loan transaction. When you do notreceive proper disclosures about the loan, the right to rescind can last as longas three years from the time you obtain the loan. Any request to rescind theloan should be made in writing. The TILA right of rescissiondoes not apply to all loans arranged by mortgage brokers, so do not rely on thepossibility of later rescission as a substitute for careful study of the loanbefore you agree to it. The TILA was amended in 1994with respect to certain loans, other than purchase money loans, secured by theborrowers principal dwelling. In these "high rate/high fee" loantransactions, also known as "Section 32" loans, the TILA now placessome additional restrictions on creditors, requires more disclosures, and givesborrowers cancellation rights. The amendment defines a creditor as someone who,in any 12-month period, originates more than one high rate/high fee loan. Also, any such loan arranged by a mortgage broker is subject to the new requirements. Ahigh rate loan is one in which the APR exceeds by 10 points or more the yield onTreasury Securities having a similar term. A high fee loan is one in which thetotal points and fees exceed the greater of 8% of the loan amount or, as of1-1-00, $451.00 (adjusted annually on January 1 based on the change in theConsumer Price Index). The TILA is enforced by the Federal Trade Commission(FTC). The FTC will answer questions concerning the TILA and high rate/high feeloans. The Loan Documents: What DoThese Papers Mean? The mortgage broker shouldexplain the loan to you, but you can also help avoid misunderstanding by readingthe documents and asking questions. Dont guess at the meaning of the loanpapers. Ask the mortgage broker to explain them. CONSUMER CHECKLIST Understanding the Loan Documents Study the loan documents and ask questions to help you understand their meaning BEFORE you sign. Ask the mortgage broker or lender to put into writing the terms agreed to. Read all the loan documents carefully before you sign. Before you sign, make certain all the loan terms agreed on are included. Obtain and keep a copy of everything you sign. Signing the Papers: What toExpect When the time comes to sign thepapers, several documents will be presented to you. They will probably include: Promissory Note In the promissory note, you promise torepay the money borrowed. The note should state the amount you are borrowing,the interest rate, whether and how that interest rate may change, the term orlength of the loan, and the amount of any balloon payment. Deed of Trust The deed of trust gives the lender alien on your home. It also gives the lender the right to foreclose on your homeif you dont repay the loan. Escrow Instructions The escrow instructions tell theescrow holder how to pay the loan funds. If existing mortgages or other debtsare to be paid off by the loan, be sure that the escrow instructions tell theescrow agent to pay off these debts. Broker Agreement Read the broker agreementcarefully. Does the agreement require you to pay the brokers fee even if youdont receive the loan you requested? Make sure the agreement is consistentwith what the broker has already told you about your rights and obligations. Declaration of Oral Disclosures This is a statement that the brokerhas orally explained certain terms of the loan to you. Before you sign a papersaying that you have received explanations, make sure that you have received theexplanations and that you understand what you have been told. Mortgage Loan DisclosureStatement Themortgage broker must give you this statement, which sets forth the loan termsand estimated costs, within 3 business days of receiving your completed writtenloan application or before you become obligated to complete the loantransaction, whichever is earlier. If liens or debts are to be paid off by theloan, be sure they are listed on the disclosure statement. (In lieu of the MLDS,in a federally related loan transaction you may only receive Truth-in-Lendingdisclosures and a Good Faith Estimate of costs conformed to Californiadisclosure laws. See "Using the Mortgage Loan Disclosure Statement"above.) Truth-in-Lending DisclosureStatement Some, butnot all, mortgage brokers must give you Federal Truth-in-Lending Act disclosuresabout the cost of the loan before you become obligated on the loan. Take your time and read eachdocument carefully. CONSUMER CHECKLIST Signing The Loan Papers Dont be rushed or intimidated. Read each document before you sign any part of it. Dont sign any documents if there are spaces or boxes concerning the terms of the loan which are left blank. Check that the promissory note lists the interest rate, length or "term" of the loan, and other terms that were promised or represented to you. Mortgage Insurance: Notice toBorrower Civil Code Section 2954.6requires that if private mortgage insurance (PMI) is a condition of a loan thelender must notify the borrower whether the borrower has the right to cancel thePMI and, if so, what conditions must be met in order to cancel. Servicing: Making Your MonthlyPayments It is very important to makeall your payments and to make them on time. Your promissory note may include aprovision requiring you to pay a late charge for each late payment. For somehome loans, the law allows a late charge of up to 10% per installment. The person who collects yourloan payments is often referred to as the authorized servicer. Sometimes this isthe mortgage broker. NOTE: Civil Code Section 2937requires that if the servicing responsibility for a loan is to be (or has been)transferred, both the current and new servicer must notify the borrower of thechange and its effective date. What Should I Do About aDispute with the Authorized Servicer? If you have a disagreement withthe authorized servicer about your loan, write a letter to the servicer and keepa copy. State what the problem is and what you wish the servicer to do about it.Be specific. If your payment wasnt credited, give the account number, amount,date, and number of the check. Do not send your original documents such ascanceled checks. Keep all the originals and send copies with your letter.Confirm in writing any telephone conversations with the servicer. If you dontreceive a satisfactory response and the servicer is required to be alicensed real estate broker, you can file a complaint with the Department ofReal Estate. Also, Section 6 of RESPA requires the servicer to acknowledge yourrequest within 20 business and must try to resolve the problem within 60business days. If not you may have certain rights, such as the right to file acivil lawsuit against the servicer. Foreclosure: What Should I DoNow? In foreclosure, a person calledthe trustee in foreclosure sells your property at a public auction sale. Commonreasons for foreclosure are failure to make monthly mortgage payments or failureto make a balloon payment when due. Foreclosure proceeds in stages.It begins with a notice of default which tells you why you are now in default.You then have until five business days before the foreclosure sale to cure thedefault. To cure the default you have to pay off missed payments, late charges,and fees for initiating the foreclosure. If you do not cure the default,the trustee can take steps to hold a foreclosure sale. You have the right to one24-hour postponement of the sale if you make a written request to postpone whichstates that your purpose is to obtain the cash to pay the debt and whichidentifies the expected source of the money. Detailed rules governforeclosure. Dont wait until a foreclosure sale is scheduled to seek legalassistance. If you receive a notice of default, act on it promptly. See if youagree with the amount the trustee says is due. If you do not believe you owe theamount claimed, write a letter as soon as possible disputing the amount, withcopies of the proof of payments. Ask for a written correction and follow up withthe authorized servicer to see that your account is corrected. If you owe the money, thinkabout how to repay it and cure the default. Are you able to borrow money fromfamily or friends? Could you repay the amount of the missed payments over aperiod of several months? The lender is not required to allow you more thanthree months to pay off the default, but a lender may give you more time if youhave a definite plan for repayment. If the lender agrees to give you more timeto repay the loan, that agreement should be in writing. These agreements arecommonly known as work out agreements. When there is no way to repaythe debt, you should consider selling your home before you lose it inforeclosure. Selling the home may allow you to save your equity and protect yourcredit. This may help you in relocating to a new home. "Foreclosureconsultants" or "foreclosure specialists" often contacthomeowners who have received a notice of default. They may claim they canprevent the foreclosure, and may even suggest that you transfer title to yourhome to them. Persons who contact you and claim they can prevent a foreclosureshould be questioned carefully to determine how they believe that this can beaccomplished. CONSUMER CHECKLIST Foreclosure Avoid the risk of foreclosure by fully understanding the loan before you accept it. Make sure you will be able to make the monthly payments and any "balloon" payment(s). If you must miss a payment because of a special circumstance like a temporary disability or temporary unemployment, contact the lender or servicing agent before you miss the payment and suggest a plan for making up the payment(s) to be missed. Are you able to put an extra $50 per month on future payments? If you receive a notice of default, be sure the lender has accurately stated the amount you owe. If you have a plan to repay the missed payment(s), contact the lender promptly. If you are unable to make your payments or are in default and cant cure the default, consider selling the home before you lose it to foreclosure. Be cautious with anyone who contacts you claiming they can help you avoid the foreclosure without repaying the money you owe. Can I Find Out Why Credit wasDenied? Lenders may not base a decisionto deny you credit on your race, color, religion, national origin, ancestry,sex, marital status, or the fact that some of your income comes from a publicassistance program. The lender is required to inform you in writing of anadverse action (denial) taken on your application. If you make a timely writtenrequest, the lender must also tell you in writing why credit was denied. Also, effective January 1,2002, any person who makes, or arranges, loans secured by 1-4 unit residentialproperty, and who uses a consumers credit score in connection with theapplication, must give you a "Notice to the Home Loan Applicant"disclosing your rights to receive information regarding your credit score. Information and Complaints Federal Trade Commission (FTC) The FTC publishesfree pamphlets on home mortgages. California Department of RealEstate (DRE) TheDRE can tell you whether a mortgage broker has a current license, how long thebroker has been licensed, and whether the DRE has ever taken any formaldisciplinary action against the broker. This information can also be accessedthrough the DREs Web Site at http://www.dre.ca.gov . Private attorneys The county bar association in manycounties gives a referral to lawyers who have asked to be listed with the barreferral service. Legal Aid If you are on a fixed income orhave a low income, you may qualify for a lawyer through the county Legal AidOffice. CALIFORNIA DEPARTMENT OF REALESTATE Principal Office 2201 Broadway Post Office Box 187000 Sacramento, CA 95818-7000 (916) 227-0864 District Offices 2550 Mariposa Mall, Suite 3070 Fresno, CA 93721 (559) 445-5009 320 W. 4th Street, Suite 350 Los Angeles, CA 90013 (213) 620-2072 1515 Clay Street, Suite 702 Oakland, CA 94612 (510) 622-2552 1350 Front Street, Suite 3064 San Diego, CA 92101 (619) 525-4192 FEDERAL TRADE COMMISSION 901 Market Street, #570 San Francisco, CA 94103 (415) 356-5270 11000 Wilshire Blvd. Los Angeles, CA 90024 (310) 824-4343 Toll Free: 1-877-382-4357 Web site: http://www.ftc.gov This page last modified on Monday, February 03, 2003



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MSN Money - Nothing quick about getting rich with real estate MSN Home Hotmail My MSN Sign In Money S earch MSN Money: Help Home News Banking Investing Planning Taxes My Money Portfolio Loans Insurance Investing Home Portfolio Markets Stocks Funds ETFs Commentary Brokers CNBC TV MSN Money Insight Jubak's Journal SuperModels Start Investing Strategy Lab Company Focus Mutual Funds Street Patrol Other Views Contrarian Chronicles TheStreet.com Resources Commentary Index Decision Centers Start Investing Mutual Funds Find Hot Stocks Simple Strategies Power Tools Investing For Income Real Estate Related Links Expert Picks Market Dispatches CNBC Stock Picks Message Boards Print-friendly version Send this to a friend Research any REIT Find top-performing mutual funds Sortable database of SEC filings Find stock winners with our screener Personal finance bookshelf Find It! Article Index Finance Q&A Tools Index Site Map Recent articles by MP Dunleavey: • How to invest when you've got just $500 , 1/15/2004 • Your 3 worst debt consolidation moves , 1/11/2004 • Feel guilty if youre not shopping? , 1/4/2004 More... Related Sites Robert Allen Institute Millionaire Hall of Fame National Association of Realtors John T. Reeds Web site John T. Reeds reviews of the real estate gurus Carleton Sheets Web site Joe Crumps Real Estate Moneymaker.com The Basics Nothing quick about getting rich with real estate advertisement A real estate seminar promoter promised to create 1,000 new millionaires, but so far none are in sight. See what happened to his believers. By MP Dunleavey Like a lot of people these days, Marjorie Stark wouldnt mind making a little extra cash -- or even a lot of it. So when she attended an information session for Robert Allens Creating Wealth Through Real Estate seminar in New York, she was more than willing to pay $2,495 for Allens intensive three-day course on real estate investment strategies. Concerned about not having enough to retire on and wanting to pass along some wealth to her kids some day, the 62-year-old New York City educator said to me then: I am convinced that real estate is the way to go. I was there that night, too, and I could scarcely resist the mouth-watering idea that those three days could make me rich. As the guy leading the session announced: We are on a mission to create 1,000 new millionaires in 12 months! A year later, Stark isnt any closer to being a millionaire. She hasnt bought any new property nor made any money on real estate -- except for the rental property she owned before and bought the hard way (with cash and bank loans). She even admitted that when she saw Robert Allens newest venture was in vitamin sales, I thought I was going to puke. I was very disillusioned. But Stark is undaunted and still believes there are fortunes to be made in real estate. She just enrolled in another seminar at a local college on how to buy distressed and foreclosed properties, she says. With a full-time job, Im not sure how I can do it, but, boy, am I itching to go! Start investing with $100. Explore our new ETF center. Theres something about real estate Stark is not alone. The National Association of Realtors doesnt track independent real estate investment seminars or how many people attend them, but their allure springs eternal like the get-rich hopes of those who sign up for these courses. The odds of winning are not high. Robert Allens 1,000 new millionaires never materialized in the last year, for example. Allen operates whats called The Enlightened Millionaire Institute. Its Millionaire Hall of Fame Web site lists only 50 millionaires (defined as having generated gains averaging $2.6 million). A spokesman admits not all of them exclusively used the Allen method of real estate investing. (And, in a disclaimer, the site notes, No information has been verified or authenticated. Results vary. All successes are subject to one's own knowledge and effort.) Despite all that, the Robert Allen Institute still conducts two or three seminars a week in different cities and says it reaches about 1,200 people each month. (Thats 1,200 x $2,495 = $2.99 million a month, in case you left your calculator home.) Allen is just one of dozens of artful salesmen who preach fancy financing, no money down, flipping properties quickly and numerous other strategies to get rich buying and selling real estate. And the question all this preaching raises is, do these investment techniques, systems and strategies really work? Can they actually make you rich? After all, would people keep trying it if it couldnt be done? Or are hundreds of thousands of people simply seduced by expert sales pitches and swindled out of hundreds and sometimes thousands of dollars? Weighing the evidence Like so many things in life, it depends on whom you talk to. Or whose Web site you believe. John T. Reed is a real estate investment coach himself, based in Alamo, Calif. Hes also a self-appointed watchdog for this industry. He keeps the most exhaustive list I could find of dozens of so-called gurus, along with reviews of their techniques, books and other products. Although Reeds Web site , where you also can buy his various books for $29.95, reads a bit like he has a chip -- a very big chip -- on his shoulder, he was recommended by the National Association of Realtors as a serious investigator in the industry. Not that hes against real estate investment, or some of the reputable folks who teach their own hard-won wisdom. But those have been degraded by "the endless parade of B.S. artists coming into the real-estate-investment-advice field. It is an embarrassment to the good people in the business." And many people believe his grousing is justified. Norm Bour is the host of The Real Estate and Finance Hour on KLSX in Los Angeles, a top talk radio station. Hes worked in real estate as a mortgage lender and describes the proliferation of real estate seminars, workshops and scams as a major pet peeve. Case in point: foreclosures, he begins. Real estate in California has gone berserk in the last few years so people are looking for foreclosures to buy. The idea being you can buy a foreclosure more cheaply than other property and potentially gain a windfall when you sell it. But, as Bour notes, You can count on one hand how many actual foreclosure properties there are (for sale). Yet theres no lacking of people who are offering real estate foreclosure lists. One might pay $35 for a list, but it may be peppered with properties in other states. Its not fraudulent, but its certainly deceptive. The shady gray area Well-known personalities like Robert Allen or Carleton Sheets , who have extensive marketing organizations, are a little different, Bour says. They offer some very solid basics, but the number of people who can do what they propose is very small -- because they make it sound so much easier than it is. Thats what Josh Kelinson, a freelance advertising consultant in New York, found when he and two friends tried to follow the Sheets method. The three pals pooled their resources to master what Sheets preached, which is similar to the Allen method: buying property with no money down (or some other creative financing method) and flipping later on for a profit. One of his pals took the seminar, another bought the 8-CD set, etc. Thus inspired and determined, they tried to buy a building suitable for five apartments in Massachusetts, not far from where theyd all grown up. Kelinson says the actual experience of trying to buy an income property proved eye-opening. We spent a ton -- and I mean a ton -- of time on it. There was the approval process, the paperwork, getting lawyers. It took two to three hours a day, not including weekend travel time and unexpected snafus. I found it impossible to do with a full-time job. Ultimately, the project bogged down because of a major zoning problem. The building was in an area zoned for three apartments, and the building had been illegally converted into five apartments. The zoning authorities refused to grant an exception to the rules. Then, the building owner refused to return their deposit. The three were out $35,000. Still, Kelinson doesnt feel misled or duped by the Sheets method, and he and his friends are sure they can make it work with their next deal. There are a lot of other things out there that are scams, but this definitely can be done, he says. But investing in real estate is not nearly as easy as it looks, he says. Make sure you have the time to do it, he advises wannabe investors. If you dont allocate the time, it probably wont work. We want the system to work so much And therein lies the fundamental appeal, and ultimate trouble, of get-rich-quick (GRQ) strategies. Its the jackpot mentality, says psychologist Patricia Farrell, author of How to Be Your Own Therapist . Just like the schmoe who buys a winning lottery ticket -- every once in a while, someone, somewhere really does use these edgy real estate investment techniques to make millions. Its not the principles that are flawed, says Bour. Its the simplicity and ease that are overstated. Most of these courses are so seductive, Farrell says, because they operate according to a tried-and-true principle of behavioral psychology called the variable ratio reinforcement schedule. Basically, people (and rats) will persist in doing something, even with little or no return, if they are given the tiniest bit of hope of a coming reward. So the fact that some people do succeed at no money down strategies acts like a financial aphrodisiac for all those watching, waiting, hoping. So could the Starks and Kelinsons of the world be next? Is it just a matter of reapplying the Robert Allen/Carleton Sheets techniques until they work? Mark Wilson, one of the millionaires created by the Robert Allen Institute, would say yes. The president of Southeastern Housing Partners in Hickory, N.C., Wilson started investing in real estate in the late 1980s. We were doing OK, but nothing to write home about. Then in 2002, after hearing Robert Allen speak, Wilson paid $5,000 to join a one-year intensive coaching course. It changed his life, his business and, above all, his cash flow, he says. Although hed read Allen's No Money Down in college, the seminar focused more on another Allen signature strategy: developing multiple streams of income (from rentals, rehabs, buying foreclosed properties, commercial properties, etc.). Now, Wilson says, hes about to close a deal that will put his net worth at $8.5 million. He believes anyone can make big bucks from real estate if he or she is willing to take action -- not just sit on the sofa listening to tapes. Before you sign up, count to a million Of course, Wilson admits that it was easier for him to take the Robert Allen techniques and run with them. He had a lot of experience in real estate already. Most people, Bour points out, dont have those skills. And few people have the time or the diligence to acquire them. (Some skill sets you need to have -- and the course cant teach it to you, agrees Kelinson.) Bob Underwood of Stafford, Va., is one person who can testify to the fact that investing in real estate is not for those steeped in fantasy. Underwood bought an e-book from yet another author and teacher by the name of Joe Crump . Crump, who hails from Indianapolis, teaches a no-money-down technique, but he told me that he does it legally and ethically. Underwood, 43, has a wife and family and a full-time job -- and no time to muck about in real estate with no return. He paid Crump about $500 for one-on-one coaching in 2002 and, after a rocky start, has managed to buy three properties in the last two years. Hes sold one of them, made about $10,000, after taxes, in the process and is hoping to rehab and sell another this year. One deal Underwood did alone, the next was with a partner. He says theres no cookie-cutter method that works. What works, he says, is getting out into the market, investing the time to learn about the business, not neglecting your wife and kids (or day job), learning from your mistakes, making friends and getting advice from others as you move forward. Slowly, steadily and not particularly wealthily. Remember, you have to pay capital gains (taxes) on the profits, he says, so its not a lot of money in the end. But that, of course, isnt what people want to hear. People are lead to believe that all you need is the right plan and youll make a million, that if you use this system youll be rewarded, says psychologist Farrell. They dont realize that the possibility of getting that big reward is so remote. 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10 Steps to Take Before You Sell Your House - Home Selling  You are here: About > Home & Garden > Home Buying / Selling > How To Sell a House > 10 Steps to Take Before You Sell Your House - Home Selling Home & Garden Home Buying / Selling Essentials 10 Things Home Buyers Shouldn't Do Best Tips for First Time Home Buyers "Must-Do" Tasks Before You Sell How to Buy a Home, Step by Step For Sale by Owner Advice Articles & Resources How To Buy a Home How To Sell a House Celebrity & Historic Credit Reports & Scores Design & Remodel Home Maintenance Inspections & Appraisals Investing & Foreclosures Modular & Manufactured Mold, Radon, Lead, etc. Mortgage Advice Moving & Relocation Real Estate Careers Real Estate For Sale Vacation Homes Buyer's Guide Before You Buy Top Picks Home Buying Books Foreclosure Books Mortgage Books Product Reviews Forums Help FREE Newsletter Sign Up Now for the Home Buying / Selling newsletter! See Online Courses   Search Home Buying / Selling Stay up to date! Email to a friend Print this page More Home Selling Articles Understanding Material Facts and Property Disclosures Get Ready for Your Home Inspection Should You Buy a Home Warranty? More Home Selling Resources How to Read the HUD-1 Settlement Statement Getting the House Ready to Sell How To Measure Your Square Footage Recent Discussions Excellent credit, no savings- help!! Buying an out of state home ? Re-financing... Related Blogs Mortgage Fraud Blog The Real Estate Blog The Money Pit Most Popular Modular and Manufactured Homes Finding Your Best Place to ... Home Buying Don'ts First Time Home Buyer Tips Before You Sell Your Home What's Hot Coping with Unethical People How To Buy Land Real Estate Appraisal Before You Buy a Log Home Package Home Buying / Selling - GuideReviews Related Topics Home Repair Architecture Credit / Debt Management Housekeeping Landscaping 10 Important Steps to Take Before You Sell Your House From Janet Wickell , Your Guide to Home Buying / Selling . FREE Newsletter. Sign Up Now! Essential Home Selling Preparations The home selling process differs from state to state, but there are some important steps that most home sellers should take before listing a house with an agent or selling it for sale by owner. Every bit of prep work you do helps you get the most return from your investment. 1. Get Pre-Approved for a Home Loan I've known sellers who signed a contract to sell their house before they knew if they were qualified to buy another. Either their financial circumstances had changed since their last purchase, and they could no longer qualify for a loan, or they weren't able to sell at a price that allowed them to buy the type of replacement house they wanted. They ended up renting or buying something that was far from ideal. Before you decide to sell the house, get pre-approved by a lender you trust and research the housing market in the area where you wish to live so that you have a good idea how much it will take to buy a replacement. Start looking for two types of real estate: houses that seem to match the one you'd like to buy and houses that are similar to your current home. How do the two categories compare in price? Can you handle the difference if you're planning a step up? Mortgage Helpers: Are You Pre-Approved for a Mortgage? And to compare for-sale homes to your own, learn how to Measure Residential Square Footage . 2. Check Your Mortgage Payoff Call your lender to check the payoff for your current home mortgage. You'll need the figure to complete Step 6. 3. Determine How Much Your House Is Worth Determine your home's fair market value. Real estate agents will usually help you determine value as a courtesy, but you might take it a step further and order an appraisal . 4. Estimate Your Costs to Sell Real estate commission if you use an agency to sell. Advertising costs, signs, other fees if you plan to sell by owner. Attorney, closing agent and other professional fees. Excise tax for the sale. Prorated costs for your share of annual expenses, such as property taxes, home owner association fees, and fuel tank rentals. Any other fees typically paid by the seller in your area (surveys, inspections, etc.). Real estate agents deal with transactions every day and can give you a very close estimate of seller closing costs. 5. Estimate Costs to Buy a New Home Calculate moving expenses, loan costs, downpayment, home inspections, title work and title policy, paying for a new hazard insurance policy--all expenses related to buying a home. Your lender should give you a disclosure of estimated costs when you apply for loan pre-approval. 6. Calculate Your Estimated Proceeds Deduct your mortgage payoff from your home's fair market value. Deduct your costs to sell from the remainder to get an estimate of the proceeds you will be paid at closing. Will your closing proceeds cover your costs to buy a new home? If not, do you have cash or other funding to make up the difference? 7. Make Necessary Repairs Make all needed repairs unless you want the house to be regarded as a fixer-upper. I'm not referring to cosmetic updates--just items in need of repair. Anything that's obviously broken gives potential buyers a reason to offer you a lower price, especially if it's one of several repair hot spots that worry buyers the most. 8. Get the House Ready to Show Most houses need at least a little spiffing up before they are shown to potential buyers. Great curb appeal , fresh paint indoors (and sometimes out), organized closets and cabinets, sparkling clean windows and appliances and a clutter-free look are essential if you want the house to appeal to buyers. Be sure to avoid the things buyers hate most about houses. 9. Get Psyched Up to Let People In If you're listing with a real estate agent, she'll ask you to leave when the house is shown. Why? Because lurking sellers make buyers nervous--they don't feel comfortable inspecting the house when they feel they are intruding in your personal space. Unless there's a valid reason for it, don't ask your agent to be present for all showings, because that requirement can be the kiss of death for showing activity. Other agents want privacy with their buyers and they don't usually have time to work around your agent's schedule. Make the house accessible. That means it should always be ready to show. Many agents won't bother showing a house that takes 24 hours to get into. Important disclaimer information about this About site.        Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2005 About, Inc., A part of the New York Times Company . All rights reserved. Around About Oprah's Life Vacation Ideas Shop Safely Online VIDEO: Craft Rooms VIDEO: Christmas Traditions What's Hot Coping with Unethical People How To Buy Land Real Estate Appraisal Before You Buy a Log Home Package Home Buying / Selling - GuideReviews




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