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Timely Questions and Answers



Question: When is a "comp" not a comp?

One area that typically causes a lot of anxiety in a real estate transaction is waiting on the results of the appraisal. There are a few rules-of-thumb to make that process a bit easier to live with. As a real estate professional, the goal is always to sell the property for the highest price the market will bear and often you won't see the potential pitfalls. Here are some to be watchful for:

Zoning that doesn't match the property's use. It may be a residential home, being sold as such to a buyer who plans to live in the property, but if the zoning is commercial, or industrial you will most likely experience appraisal problems if the buyer is trying to get a residential mortgage.

Unusual property. This one can be almost anything. The ones that seem to crop up most often are things like two separate houses (1 to 4 units) located on a single lot, a home that is over-improved for its neighborhood, condos that are really hybrids of condominiums and hotels and log homes. The appraiser's job is to find at least three comparable properties that are similar to the subject to form the basis for the comparative analysis and they have to have sold and closed within three to six months and be located in proximity to the subject. Imagine the problems when the subject is this different from the surrounding area and most everything in MLS?

Surrounding Influence. Even if the property is in the correct zone for its use and it isn't atypical to what's common and customary in your market, you can still run into issues where the surrounding area is not complimentary with the subject. A residential home in a residential zone being used for a primary residence may still run into problems if it's located next to a restaurant on one side, a vacant lot on the other and a retail store across the street. So watch out for the "neighbors".


Question: Should I consider Buying Foreclosures?

A foreclosure purchase can be a good way to save money on buying a home or investing in real estate, but if you don't know what you are doing the ordeal can smother you under a shroud of financial losses.

It's estimated that more than 2 million Americans stand to lose their home to foreclosure in the current mortgage market morass. BUT there's simply too much risk in foreclosure acquisition for most financial portfolios and there are easier ways to make a buck in real estate.

"Whenever the real estate market shifts, there's always this tendency to say, 'Hey. It's a good time to buy,' perhaps to cash in on those who maybe didn't understand what that really means, to cash in on the shifting market, to cash in on a returning or new trend," says Newport Beach, CA-based consultant Danielle Babb.

"Foreclosures are already shaping up to be the next 'good time'," says Babb.

That's provided you have the time.

AHA president Bruce Hahn says the foreclosure market is dominated by real estate professionals who specialize in the market because it's a full time job, not an on-the-job-training opportunity.

"Buying a home at a foreclosure sale requires a lot of work and due diligence and is fraught with risks. You can end up spending a lot of time and money doing your homework, only to learn at the last minute the auction was canceled because the borrower filed for bankruptcy protection (which temporarily suspends the auction). And even if the sale proceeds, you may not be the successful bidder," Hahn says.

Hahn says you should not initially venture into foreclosures without competent assistance, an experienced Realtor, a real estate attorney, investor or other professional familiar with local laws. That point person should also be endowed with ample connections to other savvy professionals you may also need on the way, among them, perhaps, a home inspector, appraiser and real estate agent.

"Establish a relationship in advance," Hahn advises.

Given the many unknowns associated with buying foreclosures, you'll also have to be endowed with the right financial stuff that gives you a tolerance for risk.

"Those who venture into the area should have solid equity positions in their primary residencies, they shouldn't be up to their eyeballs in credit card or revolving debt, they should be able to afford to take a little risk and they should be considering this an investment; perhaps diverting some of their investment dollars to this endeavor as a replacement for others," says Babb.

After the necessary prerequisites, the approach to buying foreclosures is a timing game. When you buy is as important as what you buy.

Preforeclosure

The period after a homeowner goes into default (misses one payment or more) and the lender files a public default notice to that affect (Notice of Default or Lis Pendens) is the period when the foreclosure process begins.

You can find the notices in your local public records office or, for a fee, get them, with varying levels of detail, from on- and offline firms that track the data.

This is one of the best times to buy foreclosure properties, experts say, because you'll have more time to get a comparable market analysis, research the title and have the home inspected.

It's also a time when the seller may be most accommodating, especially if he or she can walk away with something to show for any equity and if he or she can avoid further ruining his or her credit standing, says Babb.

During preforeclosure, the home likely isn't up for sale, so you'll avoid competition that comes with listed homes. That means, relatively speaking, there's a greater chance you can offer a price that's less than market value but more than the amount owed the bank.

"People should know that foreclosures are not always in the best of shape and they should always hire an inspector who is very detailed that will give them not only the list of items that needs to be fixed, but bids to fix it (or at least a contractor that can do that). Repairs, as well as real estate agency fees (if you aren't selling by owner, which is what I would recommend doing to avoid the fees) are all going to come out of the purchaser's bottom line and need to be considered.

Hahn suggests, whenever possible, selecting homes with substantial equity. That's often evidenced by the owners' tenure.

"Normally only consider houses owned by people who have lived there for a minimum of two years. However, appreciation stopped in most areas two years ago, and in many areas prices have dropped since then. Make it four years in this market. The longer someone has lived in a home, the more equity will be built in, even if they made interest-only payments," Hahn said.

Auction

The next phase, the lender's auction, can represent the highest potential return, but also represents the greatest potential for risk.

"We don't recommend waiting until the auction. Usually bigger investors or institutions will buy these homes and the equity position is lower," says Babb.

Foreclosure auctions vary from state to state and may be held on the courthouse steps, in a county office or at the foreclosed home.

Unless you met the home in its preforeclosure stage you can't inspect it, you won't have time to run comparables or do a title search, but you'll have to pay in cash, usually with a cashier's check.

Auctions typically attract hard core investors looking to flip the property (sell within a short period for a profit) and others who've been around the foreclosure block a few times.

If you buy and things get nasty, you may have to evict residents reluctant to leave their lost home. That gives them plenty of time to trash the place or otherwise strip it for their own financial gain.

"Even if the foreclosed-upon family took care of the property, which is unlikely; the property probably has not been lived in for some time," said Dane Hahn broker/associate at Keller Williams Coastal Real Estate in Portsmouth, NH.

"Expect the (homes) to be really dirty, maybe without appliances (even without toilets and sinks), probably without acceptable carpets, and in Northern states, showing the damages of ice and water. It's very easy to get swept-up in the potential future profits of a flip and to ignore the out-of-pocket expenses required to make the property whole," Dane Hahn added.

Real Estate Owned (REO or OREO)

Lenders take title to homes that aren't auctioned off to others, say if the highest offer is less than the homeowner owes the lender.

Financial Companies aren't in the business of owning/holding and then selling homes, they want to pass the mortgage off to others and take the property off their asset lists--yet don't expect to land an REO for a song.

"When these institutions offer the properties for sale, they are not necessarily pricing the property fairly. Often, they are trying to get top dollar based on what was owed, not what's based on a fair appraisal (that takes condition and location into account). Just because it's bank-owned, don't expect a bargain," said Dane Hahn.

At least there's time to arrange for an inspection and a title search, removing some of the risk from the cost. But no matter what strategy you take, there's an inherent risk in the current market that property values will decline.

"It is possible that you could be in an upside down position even on a foreclosure, which is why doing real comparative analyses and knowing your equity position up front is absolutely crucial in this market. Remember that excessive foreclosures in an area can reduce property value, so it doesn't hurt to also check and make sure that a lot of the neighbors aren't in notice of default status, Babb said.

Exit Strategy

Then there's the exit strategy, which you'll have to consider at the onset of your decision to buy a foreclosure.

Why are you buying the foreclosed property? As your primary residence? To flip? As a rental?

"You basically have to know a little bit about every aspect of investing to include, contracts, financing, negotiating, acquiring, rehabbing and distributing these properties," said Richard James, owner/investor of New Home Investment Group in Lorton, VA.

"Distribution is the key in any real estate investment. You must have a good exit strategy. In the meantime, you must be prepared for some holding costs. It's a lot to juggle for a seasoned investor. A novice would really be gambling. Foreclosures aren't for the novice," James added.

by Broderick Perkins
© 2007 DeadlineNews.Com


Question: Is this a good time to buy?

My husband and I believe that this is a good time to buy, especially since mortgage interest rates are still quite comfortable. We know that once we find a house we like, we have to enter into a real estate contract with the seller.

Who prepares this contract? What real estate professionals will we (or should we) work with, and when do we get them involved in the transaction?

Answer: Often, those of us in the real estate arena tend to forget that many people -- especially first time home-buyers -- have no real understanding of the real estate process.

There are a number of players involved in residential real estate, each of whom have different interests and take on different functions.

Let's look at this Cast of Characters:

Seller: The seller is interested in obtaining the highest market price for the house. While some sellers may opt to try to sell their house without using a real estate agent, in most cases the seller will sign a listing agreement with a real estate brokerage company, giving the real estate broker the exclusive right to market and sell the house.

Real Estate Broker: A broker is licensed by the State (or the District of Columbia) and is authorized to conduct the business of selling real estate -- both commercial and residential. Typically, a broker will have agents working for him/her, and these agents are often the people who sit on open houses and show the seller's property to prospective buyers.

Real Estate Agents: Agents must also be licensed to practice real estate. In most jurisdictions throughout the United States, in order to become a broker, the agent must have been licensed for a set number of years.

Buyer: You and your wife, who are strangers in the complex world of real estate. All too often, buyers end up paying for everything, from the lender's hidden extras as well as some illegal charges.

Lenders: Lenders are the people who lend buyers the money to purchase their house. Lenders are concerned primarily with market rates (the technical term is "yield"). Most lenders are legitimate; however, there are predatory lenders who literally prey on unsophisticated buyers, making mortgage loans which are designed – from the very outset – to fail, thereby causing the house to be sold at a foreclosure sale.

Lenders will require a buyer to sign a promissory note, and a deed of trust. The latter – which is recorded on land records in the jurisdiction where your property is located – is the security for the lender and is also referred to as a "mortgage". When you buy your house, and get a loan, you will receive a deed to the property. You will then deed the house in trust to a trustee selected by the lender. Should you default on your loan obligations, the trustee has the legal right to sell your property at a foreclosure sale. Hopefully, you will never hear from the trustee until you have paid off your loan and will have the trust deed released from the land records.

Real estate attorney: as a buyer, you have the right to retain an attorney of your choice to represent you during the entire transaction – from contract negotiation through settlement. The involvement of attorneys varies from state to state. In some jurisdictions, the lawyer only gets involved if problems arise; in other states (such as in the Washington metropolitan area) attorneys often get retained at an early stage, usually before a contract is entered into. The lawyer will also advise the buyers as to the best way to take title. If you are single, you buy as "sole owner". If you are married, your best approach is to take title as "tenants by the entirety". This is the strongest form of protection; if one spouse dies, the property automatically (by operation of law and without having to go through the Probate court) vests in the surviving spouse. Additionally, if there is a court monetary judgment against only one party, the house cannot be sold to satisfy that judgment. It is to be noted, however, that several years ago, the Supreme Court allowed the IRS to break a tenants by the entirety when there was a tax lien against just one of the parties. (US v Craft, 2002).

If you are buying with a friend or domestic partner, there are two ways to take title: joint tenants or tenants in common. You should discuss your personal situation with your attorney to determine which is the best route to take.

Title company/settlement attorney: when you are finally ready to buy your house, you will have to use a title company or a settlement attorney. At settlement – also called "closing" -- a large number of papers must signed by the buyer and the seller. The seller signs a deed, which conveys the property to the buyers, and also the settlement statement (affectionately called a HUD-1). The buyer signs the loan documents, a Truth in Lending statement, a bunch of affidavits and disclosure forms, as well as the HUD-1. The sales proceeds are collected by the settlement company which makes the appropriate disbursements. If the seller has a current mortgage, that will be paid off. The government charges -- such as recordation and transfer taxes -- will be paid, as well as any real estate commissions. The balance of the sales proceeds will then be turned over to the seller.

This sounds complex, and for the novice it is confusing and often intimidating. But the various real estate professionals listed above can be helpful. You have to keep in mind, however, that with the exception of an attorney specifically retained by the buyer, most of the other players have one basic objective in mind: make the sale and get the commission.

You have asked when you should consider hiring a professional to assist you. Here are my suggestions.

You should first contact a mortgage lender, and determine the approximate amount of money that you can comfortably borrow. You don't want to find your "dream house" only to learn after the fact that you just cannot qualify for a loan on that house. Many lenders will give you what is known as a "comfort letter" -- i.e. a statement that you are qualified to purchase a house up to a certain amount. I caution you not to show that letter to anyone (other than perhaps your attorney) until after you have signed a sales contract.

Why? Let us assume that the comfort letter says you can qualify up to a $500,000 purchase. Why provide that advance notice to a seller? If the seller knows that you can qualify up to that amount, your chances of negotiating a lower price are significantly reduced.

Next, you should look around and locate the house you like. If you want to hire a "buyer's broker," that is your choice. But make sure that the agreement you sign with that broker does not in any way obligate you to pay that broker; should you sign a contract, the buyer's broker will be paid by the seller, through a split of the commission with the listing broker.

Additionally, while it may be legal, I strongly recommend that your buyer's broker/agent not be with the same real estate company that has the listing from the seller. In my opinion, the possibility of a conflict is just too great, so why take that chance?

You have now located the house you want to buy. Your broker/agent (or the seller's broker if you are not represented) will prepare a sales contract for you to sign. That's when you should retain an attorney to review the contract. The attorney will assist you in understanding all of the contract terms, as well as including protections for you.

For example, is the contract contingent on your obtaining a satisfactory home inspection from an inspector of your choice? Is the contract contingent on the house appraising at the contract price? In todays market, the appraisal ordered by your lender may be lower than the contract price, and you may have to come up with more money in order to go to closing.

The process takes time, patience and knowledge. A good professional can smooth the path toward a successful purchase.

Copyright © 2007 Realty Times. All Rights Reserved.



























































































































































































Information you need to contact The Hahn Team and Team Hahn who are Keller Williams Real Estate Agents and Brokers Dane Hahn or Sandra Hahn, or Jerry Waldron, or Bob Turcotte or any or all Keller Williams Realtors for some professional real estate help in buying a home in Exeter, Stratham, Hampton, Portsmouth and the New Hampshire Seacoast area, NH or selling a home in Exeter, Stratham, Hampton, Portsmouth and the New Hampshire Seacoast area, NH. Who can explain mortgages? What's a construction loan? Check this site.

You may ask, How do I get in touch with Real Estate Agents Dane Hahn or Sandra Hahn because I want to buy property in New Hampshire or Massachusetts or Florida. Or you might be looking for Jerry Waldron, or Bob Turcotte at Keller Williams Real Estate, especially when I want the professional Realtors to list my house in Exeter, Stratham, Hampton, or Portsmouth and the New Hampshire Seacoast area, NH? How do I look at Dane Hahn’s Keller Williams Real Estate listings or Sandra Hahn’s Keller Williams Real Estate listings of homes for sale in Exeter, Stratham, Hampton, Portsmouth and the New Hampshire Seacoast area, NH?

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I want to see the home that Dane Hahn has listed on Street, Avenue, Road or Ave. I need an appointment to see Dane Hahn from Keller Williams Realtors so he can help me sell a house in Exeter, Stratham, Hampton, Portsmouth and the New Hampshire Seacoast area, NH or buy a house in Exeter, Stratham, Hampton, Portsmouth and the New Hampshire Seacoast area, NH.
What time can Dane Hahn show my home? How do I get an appointment with one of the top Real Estate Agents in Exeter, Stratham, Hampton, Epping, Fremont, Raymond, Nottingham, Portsmouth and the New Hampshire Seacoast area, NH and Dover, Newmarket, Rye, North Hampton, Fremont, Hampton Falls, Hampton Beach, Nottingham, Epping, Kingston or one of the top Realtors in New Hampshire, 03885, 03833, 03848 NH-Portsmouth and the New Hampshire Seacoast area.

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