- Property Taxes
- Deed In Lieu of Foreclosure
- Lease Options
- Common Q&A About Selling Your Home
- Appraisals & Market Value
- Short Sales
- Tax Considerations (Check with your tax advisor)
- Whom to Contact
- Foreclosures
- Pricing the House to Sell
- Disclosure
- Escrow & Closing Costs
- Seller Financing
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| Q: | How do property taxes work? |
| A: | Property taxes are what most homeowners in the United States pay for the privilege of owning a piece of real estate, on average 1.5 percent of the property’s current market value. These annual local assessments by county or local authorities help pay for public services and are calculated using a variety of formulas. |
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| Q: | Are property taxes deductible? |
| A: | Property taxes on all real estate, including those levied by state and local governments and school districts are usually fully deductible against current income taxes. Check with your tax professional. |
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| Q: | Where can I learn more about appealing my property taxes? |
| A: | Contact your local tax assessor’s office to see what procedures to follow to appeal your property tax assessment. You may be able to appeal your assessment informally. Mostly likely, however, you will have to go through a formal tax-appeal process, which begins with an appeal filed with the appropriate assessment appeals board. |
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| Q: | How is a home’s value determined? |
| A: | You have several ways to determine the value of a home.
An appraisal is a professional estimate of a property’s market value, based on recent sales of comparable properties, location, square footage and construction quality. This service varies in cost depending on the price of the home. On average, an appraisal costs about $300 for a $250,000 house. You also can get a comparable sales report for a fee from private companies that specialize in real estate data. You also can find comparable sales information available on various real estate Internet sites. |
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| Q: | Are taxes on second homes deductible? |
| A: | Interest and property taxes may be deductible on a second home if you itemize. Check with your accountant or tax adviser for specifics. |
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| Q: | What is an impound account? |
| A: | An impound account is a trust account established by the lender to hold money to pay for real estate taxes, and mortgage and homeowners insurance premiums as they are received each month. |
Deed In Lieu of Foreclosure – Q & A
| Q: | Can a home seller sell a home for less than its mortgage? |
| A: | This situation is known as a "short sale." Sometimes home owners can negotiate with lenders and have them split the difference between the sale price and loan amount, which still must be paid.
A short sale may be complicated if the loan has been sold to the secondary market because then the lender will have to get permission from Fannie Mae or Freddie Mac, the two major secondary-market players. If the loan was a low-down-payment mortgage with private mortgage insurance, then the lender also must involve the mortgage insurance company that insured the low-down loan.
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| Q: | When does foreclosure begin? |
| A: | Lenders will initiate foreclosure proceedings when homeowners become delinquent in their mortgage obligations, usually after three payments are missed. The lender will then notify the buyer in writing that he or she is in default. The lender can request a trustee’s sale or a judicial foreclosure, in which the property is sold at public auction.
A borrower can cure the default by paying the overdue amount and the pending payment after the notice of default is recorded, usually no later than a few days before the property’s sale. Some sales allow the successful bidder to take possession immediately. If the former owner refuses to vacate the premises, the court can issue an unlawful detainer that allows the sheriff to come out and evict them.
Borrowers should do everything they can to avoid foreclosure. It is one of the most damaging events that can occur in an individual’s credit history. |
| Q: | What is a lease option? |
| A: | When a renter signs a lease with an option to purchase the property for a specific price within a certain time frame, that is called a lease option. In most lease-option situations, a portion of the rent is applied to a future down payment.
Lease options are most popular among buyers who don’t have enough funds for a down payment and closing costs. |
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| Q: | How do lease options work and what are the benefits? |
| A: | Most lease-option agreements specify that a portion of the rent on the property in question is applied toward the purchase if the option is exercised. This is referred to as rent credit. Institutional lenders accept rent credits as part of the down payment if rental payments exceed the market rent and if a valid lease-purchase agreement is in effect, a copy of which must be attached to the loan application.
For sellers, lease options give them several advantages, especially in a slow market. These include a monthly rent higher than market rent and top-market value for the property. Also, the renter is more likely to treat the property like an owner. |
Common Q&A About Selling Your Home – Q & A
| Q: | Do sellers have to disclose the terms of other offers? |
| A: | According to experts, sellers do not have to disclose other offers |
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| Q: | What are some tips on negotiation? |
| A: | The more you know about a seller’s motivation, the stronger a negotiating position you are in. For example, a seller who must move quickly due to a job transfer may be amenable to a lower price with a speedy escrow. Other so-called "motivated sellers" include people going through a divorce or who have already purchased another home.
Remember, that the listing price is what the seller would like to receive but is not necessarily what they will settle for. Before making an offer, check the recent sales prices of comparable homes in the neighborhood to see how the seller’s asking price stacks up.
Some experts discourage making deliberate low-ball offers. While such an offer can be presented, it can also sour the sale and discourage the seller from negotiating at all. |
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| Q: | How do I prepare the house for sale? |
| A: | Making your home look as nice as possible may seem obvious. Apparently, it’s not, because many sellers don’t do much beyond vacuuming the living room rug and maybe cleaning the ring off the bathtub, says George Devine, in "For Sale by Owner," Nolo Press, Berkeley, Calif.; 1993. Short of spending a lot of money, Devine offers several steps people can take to make their home show better:
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| Q: | How long do bankruptcies and foreclosures stay on a credit report? |
| A: | Bankruptcies and foreclosures can remain on a credit report for seven to 10 years.
Some lenders will consider a borrower earlier if they have reestablished good credit. The circumstances surrounding the bankruptcy can also influence a lender’s decision. For example, if you went through a bankruptcy because your employer had financial difficulties, a lender may be more sympathetic. If, however, you went through bankruptcy because you overextended personal credit lines and lived beyond your means, the lender probably will be less inclined to be flexible. |
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| Q: | What do all of those real estate acronyms in the ads mean? |
| A: | If you find yourself stumbling over weird acronyms in a real estate listing, don’t be alarmed. There is method to the madness of this shorthand (which is mostly adopted by sellers to save money in advertising charges). Here are some abbreviations and the meaning of each, taken from a recent newspaper classified section:
* assum. fin. — assumable financing
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Appraisals & Market Value – Q & A
| Q: | How is a home’s value determined? |
| A: | You have several ways to determine the value of a home.
An appraisal is a professional estimate of a property’s market value, based on recent sales of comparable properties, location, square footage and construction quality. This service varies in cost depending on the price of the home. On average, an appraisal costs about $300 for a $250,000 house. A comparative market analysis is an informal estimate of market value performed by a real estate agent based on similar sales and property attributes. Most agents offer free analyses in the hopes of winning your business.
You also can get a comparable sales report for a fee from private companies that specialize in real estate data. You also can find comparable sales information available on various real estate Internet sites. |
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| Q: | What is the difference between market value and appraised value? |
| A: | Appraised value is a certified appraiser’s opinion of the worth of a home at a given point in time. Lenders require appraisals as part of the loan application process; fees range from $200 and up.
Market value is what price the house will bring at a given point in time. A comparative market analysis is an informal estimate of market value, based on sales of comparable properties, performed by a real estate agent or broker. |
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| Q: | What’s a house worth? |
| A: | A home is worth what someone will pay for it. Everything else is an estimate of value. To determine a property’s value, most people turn to either an appraisal or a comparative market analysis.
An appraisal is a certified appraiser’s estimate of the value of the property at a given point in time. To make their determination, appraisers consider square footage, construction quality, design, floor plan, neighborhood, availability of transportation, shopping and schools amenities, energy efficiency. Appraisers also take lot size, topography, view and landscaping into account. A comparative market analysis is an informal estimate of market value, based on comparable sales in the neighborhood, performed by a real estate agent or broker. You can do your own cost comparison by looking up recent sales of comparable properties in public records. These records are available at local recorder’s or assessor’s offices, through private companies or on the Internet.
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| Q: | What standards do appraisers use to estimate value? |
| A: | Appraisers use several factors when estimating value including historical records, property performance, condition of the home and indices that forecast future value. For detailed information on appraisal standards, contact the Appraisal Institute at 875 N. Michigan Ave., Suite 2400, Chicago, IL 60611-1980; (312) 335-4458. |
| Q: | Can a home seller sell a home for less than its mortgage? |
| A: | This situation is known as a "short sale." Sometimes home owners can negotiate with lenders and have them split the difference between the sale price and loan amount, which still must be paid.
A short sale may be complicated if the loan has been sold to the secondary market because then the lender will have to get permission from Fannie Mae or Freddie Mac, the two major secondary-market players. If the loan was a low-down-payment mortgage with private mortgage insurance, then the lender also must involve the mortgage insurance company that insured the low-down loan.
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| Q: | How does someone sell a slow mover? |
| A: | Even in a down market, real estate experts say that price and condition are the two most important factors in selling a home.
The first step is to lower the price. Also, go through the house and see if there are cosmetic defects that you missed and can be repaired. Secondly, home sellers should make sure that the home is getting the exposure it deserves through open houses, broker open houses, advertising, good signage and a listing on the multiple listing service (MLS). Another option is to pull the home off the market and wait for the market to improve. Finally, frustrated sellers who have no equity and are forced to sell because of a divorce or financial considerations could discuss a short sale or a deed in lieu of a foreclosure with the mortgage lender. A short sale is when the seller finds a buyer for a price that is below the mortgage amount and negotiates the difference with the lender.
In a deed-in-lieu-of-foreclosure situation, the lender agrees to take the house back without instituting foreclosure proceedings. But these would be considered more radical options than lowering the price. |
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| Q: | How does a home go into foreclosure? |
| A: | 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. |
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| Q: | When does foreclosure begin? |
| A: | Lenders will initiate foreclosure proceedings when homeowners become delinquent in their mortgage obligations, usually after three payments are missed. The lender will then notify the buyer in writing that he or she is in default. The lender can request a trustee’s sale or a judicial foreclosure, in which the property is sold at public auction.
A borrower can cure the default by paying the overdue amount and the pending payment after the notice of default is recorded, usually no later than a few days before the property’s sale. Some sales allow the successful bidder to take possession immediately. If the former owner refuses to vacate the premises, the court can issue an unlawful detainer that allows the sheriff to come out and evict them.
Borrowers should do everything they can to avoid foreclosure. It is one of the most damaging events that can occur in an individual’s credit history. |
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| Q: | How long do bankruptcies and foreclosures stay on a credit report? |
| A: | Bankruptcies and foreclosures can remain on a credit report for seven to 10 years.
Some lenders will consider a borrower earlier if they have reestablished good credit. The circumstances surrounding the bankruptcy can also influence a lender’s decision. For example, if you went through a bankruptcy because your employer had financial difficulties, a lender may be more sympathetic. If, however, you went through bankruptcy because you overextended personal credit lines and lived beyond your means, the lender probably will be less inclined to be flexible. |
Tax Considerations (Check with your tax advisor) – Q & A
| Q: | Are taxes on second homes deductible? |
| A: | Interest and property taxes may be deductible on a second home if you itemize. Check with your accountant or tax adviser for specifics. |
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| Q: | What home-buying costs are deductible? |
| A: | Any points you or the seller pay for your home loan are deductible for that year. Property taxes and interest are deductible every year.
But while other home-buying costs (closing costs in particular) are not immediately tax-deductible, they can be figured into the adjusted cost basis of your home when you go to sell (any significant home improvements also can be calculated into your basis). These fees would include title insurance, loan-application fee, credit report, appraisal fee, service fee, settlement or closing fees, bank attorney’s fee, attorney’s fee, document preparation fee and recording fees. |
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| Q: | Are seller-paid points deductible? |
| A: | As of Jan. 1, 1991, homeowners have been able to deduct points paid by the seller. This deduction previously was reserved only for points actually paid by the buyer. |
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| Q: | What are the rules on capital gains when inheriting a house? |
| A: | When children inherit a home, the Internal Revenue Service determines their basis in the property on the date of the person’s death. The cost basis is not the amount the owner originally paid for the house. It is the property’s fair market value on the date of the mother’s death, says Pamela MacLean, assistant public affairs officer with the IRS.
Cost basis is a tax term for the dollar amount assigned to a property at the time it is acquired, for the purpose of determining gain or loss when it is sold. Assume the property was divided up equally. If one of the three siblings sold her share, she must pay capital gains tax for whatever profit she made over one-third of the new basis, MacLean said. Other tax consequences include estate taxes. However, the estate must total $600,000 or more before tax issues become a concern. The IRS allow residents to pass on property, cash and other assets worth up to a total of $600,000 before charging the heirs any taxes, according to MacLean.
Regarding the transfer of ownership, quit claim deeds often are used between family members in situations such as this when an heir is buying out the other. All parties must be agreeable to dropping a name from the title. Other resources: IRS Publication 448, "Federal Estate and Gift Taxes." Order by calling 1-800-TAX-FORM. |
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| Q: | Can I deduct the loss I suffered when I sold my home? |
| A: | The IRS allows no deductions for losses on the sale of your own home. There’s no way to use a loss to your advantage on your income tax return. It won’t matter what type of misfortune you may have run into, write Edith Lank and Miriam Geisman in Your Home as a Tax Shelter, Dearborn Financial Publishing, Chicago; 1993. |
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| Q: | Where do I get information on IRS publications? |
| A: | The Internal Revenue Service publishes a number of real estate publications. They are listed by number: * 521 "Moving Expenses" * 523 "Selling Your Home" * 527 "Residential Rental Property" * 534 "Depreciation" * 541 "Tax Information on Partnerships" * 551 "Basis of Assets" * 555 "Federal Tax Information on Community Property" * 561 "Determining the Value of Donated Property" * 590 "Individual Retirement Arrangements" * 908 "Bankruptcy and Other Debt Cancellation" * 936 "Home Mortgage Interest Deduction" Order by calling 1-800-TAX-FORM. |
| Q: | What standards do appraisers use to estimate value? |
| A: | Appraisers use several factors when estimating value including historical records, property performance, condition of the home and indices that forecast future value. For detailed information on appraisal standards, contact the Appraisal Institute at 875 N. Michigan Ave., Suite 2400, Chicago, IL 60611-1980; (312) 335-4458. |
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| Q: | Where do I get information about closing costs? |
| A: | For more on closing costs, ask for the "Consumer’s Guide to Mortgage Settlement Costs," Federal Reserve Bank of San Francisco, Public Information Department, P.O. Box 7702, San Francisco, CA 94120, or call (415) 974-2163. |
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| Q: | Where do I get information on filing consumer complaints? |
| A: | For information about filing consumer complaints, look to these sources: * Consumer Federation of America, 1424 16th St. N.W., Suite 604, Washington, DC 20036; (202) 387-6121. * United Homeowners Association; 1511 K St., N.W.; Washington, DC 20005; (202) 408-8842. * Consumers Union, 1535 Mission St., San Francisco, CA 94103 or call (415) 431-6747. * Consumer Action Council, 116 New Montgomery St., Suite 233, San Francisco, CA 94105; (415) 777-9648 |
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| Q: | Where do I get information on housing market stats? |
| A: | A real estate agent is a good source for finding out the status of the local housing market. So is your statewide association of REALTORS®, most of which are continuously compiling such statistics from local real estate boards.
For overall housing statistics, U.S. Housing Markets regularly publishes quarterly reports on home building and home buying. Your local builders association probably gets this report. If not, the housing research firm is located in Canton, Mich.; call (800) 755-6269 for information; the firm also maintains an Internet site. Finally, check with the U.S. Bureau of the Census in Washington, D.C.; (301) 495-4700. The census bureau also maintains a site on the Internet. The Chicago Title company also has published a pamphlet, "Who’s Buying Homes in America." Write Chicago Title and Trust Family of Title Insurers, 171 North Clark St., Chicago, IL 60601-3294. |
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| Q: | Where do I get information on IRS publications? |
| A: | The Internal Revenue Service publishes a number of real estate publications. They are listed by number: * 521 "Moving Expenses" * 523 "Selling Your Home" * 527 "Residential Rental Property" * 534 "Depreciation" * 541 "Tax Information on Partnerships" * 551 "Basis of Assets" * 555 "Federal Tax Information on Community Property" * 561 "Determining the Value of Donated Property" * 590 "Individual Retirement Arrangements" * 908 "Bankruptcy and Other Debt Cancellation" * 936 "Home Mortgage Interest Deduction" Order by calling 1-800-TAX-FORM. |
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| Q: | How do I reach the IRS? |
| A: | To reach the Internal Revenue Service, call (800) TAX-1040. |
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| Q: | Where do I get information about finding a real estate attorney? |
| A: | To find a real estate attorney, contact your local bar association, which may offer local referral services. You may also ask friends or your real estate agent for their recommendations. When you have several names, call each to find out about fees and their level of experience. |
| Q: | Are foreclosures an option? |
| A: | 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 judgements are cleared or at least disclosed. |






