Showing posts with label #CAescrow. Show all posts
Showing posts with label #CAescrow. Show all posts

Friday, August 7, 2015

Explaining Escrow: The Escrow Process in California

What are the escrow steps? The California escrow process has 10 steps:

1. Prepare Escrow Instructions. These are done on the escrow holder’s printed forms. All principals – the buyer and seller -- sign the instructions, which set forth the parties’ understanding of the transaction. An initial deposit usually accompanies the instructions. For a home purchase, the instructions must include:

Purchase price and terms;

Agreement as to mortgages;

How buyer’s title is to appear (called “vesting”);

Matters of record subject to which buyer is to acquire title;

Inspection reports to be delivered into escrow;

Proration adjustments (involves taxes and insurance);

Date of buyer’s possession of the property;

Documents to be signed by the parties, delivered into escrow, and recorded;

Disbursements to be made, costs and charges and who pays for them; and

Date of closing.

2. Order Title SearchThis title search is performed on the subject property, resulting in a “Preliminary Report” from a title company. The escrow holder examines this report for items not contemplated in the instructions. For example, is there a lien (or additional loan) on the property that wasn’t reported? The seller must clear any such item or it must be brought to the attention of the buyer.

3. Request Demands and/or Beneficiary Statements. This request for information goes to any lenders of record. The document will be either:


a “Demand for Pay-off,” if the seller’s existing loan is to be paid in full through escrow; or

a “Beneficiary Statement,” if buyer is purchasing the property “subject to” or assuming a loan.

4. Accept Structural Pest Control Report and Other Reports. These reports might include plumbing or roofing reports. They all pertain to the property’s condition, and are kept in escrow. The escrow holder might also obtain any necessary approvals from the seller or buyer due to information in a report. For example, whether the home needs to be sprayed for insects. The reports are delivered at close of escrow.

5. Accept New Loan Instructions and Documents. This happens if the buyer is obtaining new financing for the home. The escrow holder also obtains the buyer’s approval/execution of the documents. The escrow agent must also satisfy all lender’s instructions before using the lender’s funds to complete the transaction.

6. Accept Fire Insurance Policies and Complete Settlement. By this step, it’s almost time to close the transaction. Here, following the buyer’s and seller’s instructions, the escrow holder:


accepts and delivers any fire insurance policy and transfers the insurance;

makes all payments on property taxes and insurance (called “prorations”);

completes the accounting (settlement) details; and

informs the principals that escrow is ready to proceed.

7. Request Closing Funds. The escrow holder cannot disburse any funds until all items, such as checks or drafts, have cleared and become available for withdrawal.

8. Audit File in Preparation for Closing. In this step, the escrow holder:


accounts for all funds and documents; and

determines that the parties have complied with all escrow instructions.

9. Order Recording. At this point, the escrow holder authorizes the title company to run the seller’s title and to record the necessary documents. This can happen provided no change has occurred in the seller’s title since the preliminary title report was issued.

10. Close Escrow. This is what you’ve been waiting for! Closing the deal. The escrow holder can “close escrow” after confirming recording, by:


preparing settlement statements for buyer and seller;

disbursing all funds; and

delivering documents to the party or parties involved.






Monday, August 11, 2014

Title Terms: CC&Rs - What does it mean?

As part of the disclosure process, once a prospective buyer has an accepted offer on California real estate they will need to review the CC&Rs (if there are any) that exist for the home being purchased.

CC&Rs stands for Covenants, Conditions and Restrictions 
Sounds complicated, but it’s not really...although they can be VERY lengthy with LOTS of legal terms.  You will find them most commonly in subdivisions/housing tracts and they are generally recorded documents.
Simply put, CC&Rs are a description of things a homeowner can and cannot do with their property on the area in which the property resides.

Covenants are promises to do or not do certain things.
The homeowner might be prohibited from parking an RV on the street or in the driveway (a separate area would normally be provided).

Conditions are pretty much the same as covenants, except that it refers to either the monetary penalty, court injunction or action taken against the homeowner for violating a covenant.  A condition can also specify an action that a homeowner must take in order to correct a covenant violation.

Restrictions limit the activities of homeowners
(e.g., You can’t turn your property into a farm) to assure that the property use is consistent with the land use in the general area.

If there is a Home Owner’s Association (HOA) they have the authority to enforce these rules.  Please Note: CC&Rs DO NOT report on the status or solvency of their governing HOA.

www.mvprealestategroup.com

Friday, August 1, 2014

5 Steps You Can't Skip During Escrow

The escrow process, which is also known as closing or settlement, is the endgame of the home-buying process. It is when the buyer, seller and other necessary parties get together to seal the deal.While your real estate agent and lender may assist you during the process, you should prepare yourself by knowing what to expect once you are in the thick of it.

To do so, brush up on these five prominent hurdles you’ll face during the escrow process.

Escrow Steps for Success

1. Have a Solid Contract

The sales contract or purchase agreement is the blueprint for the escrow process. The real estate agent or attorney typically writes the contract. It should clearly state the terms of the deal and what must occur before escrow closes and the property changes hands. It should not contain blank spaces.

The contract will include details about these specifics:

*What happens if the agreement fails
*What personal property is included in the deal
*The closing date
*What happens if escrow is delayed
*Who pays what cost
*Financing arrangements
*Occupancy date

2. Clear Contingencies

Contingencies are contractual conditions that must be met before the contract becomes official. Inspection, appraisal, and financing are common examples, although contingencies can be written for any event or issue. Contingencies come with a time limit to complete the task.
Once each contingency is completed, the buyer and seller should sign a document removing the contingency from the contract.

3. Review Title Reports

Typically, there are two title reports: a preliminary report and a final report with title insurance. Review the preliminary report to verify the legal description of the property and to learn about any liens, encumbrances or other items affecting the property’s title.Later, with the final title report, make sure the title is clear and the title or escrow agent knows how you want to take title to the property.

Common titles are as follows:

*Joint tenancy
*Tenancy in common
*Tenants by entirety
*Community property
*Sole property

4. Track Transaction Costs

In the end, title and escrow costs are combined with mortgage and other transaction costs on federally mandated closing documents. Obtain a Good Faith Estimate to gauge what these costs may be. Then compare them to the HUD-1 Settlement Statement, which is the final line-by-line list of all mortgage and closing costs.
If there are significant discrepancies between the GFE and the HUD-1 Settlement Statement, ask about them, as they may be open for dispute.

5. Be Prepared on Closing Day

On closing day, come to the table only after reading and fully understanding your HUD-1. Bring a pen and paper for taking notes, an attitude of good faith, plenty of time and the willingness to back out if the deal doesn’t follow contractual guidelines. Parties present at closing include these particulars:

*Lender
*Seller
*Seller’s real estate agent
*Closing agent
*Attorneys for you, the lender or both

The buyer will deposit any escrow payments and sign necessary documents. The seller signs over the deed and closing statements and receives any money due.

After signing, the deed and mortgage documents are delivered to the county courthouse or other government repository for recording as public records.

www.mvprealestategroup.com

Wednesday, June 25, 2014

Making the transition from renting to buying.


Here are a few points to consider as you weigh the pros and cons of home ownership.

No doubt you've thought of how nice it would be not to write a rent check every month, but have you done the math? Nothing can make you feel more secure than owning your own house, unless buying a home will create financial problems of its own. Here's a discussion of the most important financial costs associated with home buying to stack up against your monthly rent check.

Instead of the standard deduction on your income tax return, most homeowners itemize their deductions, allowing them to deduct the following (and save on taxes): home mortgage interest, property real estate taxes, state income taxes, gifts to charity, medical and dental expenses over 7.5% of your income, personal property taxes, and most moving expenses.

Figure your monthly payments if you were to buy. Compare your monthly rent to a calculation of the following: purchase price and down payment of your home, your annual income (and debt!), property tax rate, home insurance rate, interest rate and length of loan. For best results, contact a home-buying specialist.

Other costs

Expect other costs to homeowning. Along with your monthly mortgage and down payment, there's property tax and homeowners insurance premiums, and fees known as "closing costs." These include everything from a credit check to "points"- interest paid up-front in return for a lower interest rate. Others: title insurance fee, survey charge, attorney/escrow fees, and loan origination. So do your research!

Long-term equity

No discussion of home ownership is complete without considering the long-term benefits of owning. What your house will be worth when you sell depends on the state of your mortgage and the housing market, in particular. Consult with real estate professionals, read up, and do your math to get a realistic sense of your future home value.

Lifestyle and mobility

Mobility is part of renting. Freedom to take the next job or move for a relationship is easy to come by when you rent a home. And when you do move, there's often more choice of specific location, and price, when you seek rental housing. Want an apartment near a park in western Philadelphia? You may find an easier time looking to rent than buy.

Many renters say they love knowing they're not tied down - and don't have to assume financial responsibility for their living space. This is of course a big difference from home ownership: who does the work.

Who does the work

While you don't receive the joys of making a place truly "your own," you do have limited costs in renting. Landlords are responsible for general upkeep and safety, allowing you to focus on the fine points. Homeowning, in contrast, puts you in the driver's seat. You shoulder the expenses and reap the rewards of home improvement - both great and small. Think about whether you want to put in additional time and money.

Choices, choices

Whether you decide to take the step of home ownership is a personal choice with its own ups and downs. Hopefully we've helped dust off the magic ball a bit; what you see in your future is up to you!

Monday, June 9, 2014

Escrow, step by step.

The first step in the home buying process is for you to get approved for a home loan.
 
After finding a property that interests you, I will show you the comps (comparable sales) to help us determine the value of the property. The best comps are in the same building (if a condo/townhome) or in the surrounding area (if a single family home or income property).
 
 
Appraisers are generally required to focus on the past 6 months when reviewing area sales so I try to do the same when verifying the property’s value.
 
At this point we are ready to make our offer, which will consist of 4 separate items:

1. The offer contract itself. It is written on a standard California Association of Realtor’s contract, which I complete and then review with you either in person or over the phone. I offer my clients the option of signing electronically, which can save a lot of time and paperwork hassles.

2. A pre-approval letter from your lender (let me know if you would like me to e-mail you contact information for the local lender that my clients most highly recommend).
3. Verification of funds (copies of bank and/or investment statements showing liquid funds to cover the down payment and closing costs).

4. Buyer’s intro letter. This explains who you are, what you do and what you like about the property. I usually write about 95% of this letter for you and then e-mail it to you for final editing and approval.
The offer is presented to the sellers and we wait for their response. Often times they may not sign off on our offer initially but instead write a counter offer which addresses items in the contract that they would like changed (price is the item that is countered most often). It may take several counter offers before the price and terms are agreeable to both parties.
After the offer is accepted, escrow is opened. Escrow is a neutral 3rd party and their job is to make sure all obligations of the contract are fulfilled before the seller gets their money and the buyer gets keys to the property. The most standard escrow length is 30-45 days.
 
I will send a copy of the completed contract to the lender and you will need to promptly provide them with any additional information and/or paperwork that they require. The lender takes care of scheduling the appraisal.
You will schedule the physical inspection with an inspector of your choice. I can give you a list of inspectors that my clients have been very happy with. The physical inspector checks all the major systems in the property (plumbing, electrical, heating, etc) and also looks for cosmetic damage and problems (sloping floors, doors that stick, cracks in walls/ceilings, etc). For a condo/townhome inspection, the inspector only inspects the unit and not the common areas (building, hallways, pool, etc) but if you are purchasing a home the inspection will also check out the exterior (roof, foundation, garage, etc.). I recommend that my clients always get a mold inspection done and if the property has a fireplace then you should also have that inspected. Whenever purchasing a single-family home it is very important to have a sewer inspection. Geotechnical inspections are especially important if you are buying a home in a hillside area. You can also schedule additional specialty inspections if you would like. After reviewing all inspection reports we will usually complete a Request for Repairs form (asking for a credit and/or repairs)… depending on what was found in the inspections.
You will also need to call an insurance company to verify that the property is insurable and get quotes for the cost of insuring the property. For a condo/townhome you are generally just insuring your personal contents (the building is almost always insured by the Homeowners Association).
The other inspections that take place during escrow include the termite inspection, which is usually paid for by the seller. A retrofitting inspection will also take place to make sure the property is up to code with smoke detectors/carbon menoxide detectors, water heater strapping and the gas shut-off valve (retrofitting requirements vary from city to city).
If the property you are purchasing is a condo/townhome, you will receive copies of all the homeowner’s documents to review. You generally have 5 days to review this paperwork which includes: copies of the meeting minutes for the past year, budget and financial information (including the amount currently in the HOA reserves) and a copy of the CC&R’s (Covenants, Conditions and Restrictions).
Loan docs are usually signed as early as a week prior to closing.
Five days or less prior to closing we do a walk-thru of the property. This gives us a chance to verify that any seller repairs were completed and we also make sure the property is in the same condition as is was when we initially wrote our offer.
Two days prior to closing you wire any additional down payment & closing costs to escrow. The loan proceeds are wired to escrow one or two days prior to closing.
On closing day we wait to hear from the title company that you are listed on the county records as the new owner and then you get keys to your new home.
 
www.mvprealestategroup.com
 
 
 

Wednesday, January 15, 2014

Explaining Escrow: The Escrow Process in California

What are the escrow steps? The California escrow process has 10 steps:

1. Prepare Escrow Instructions. These are done on the escrow holder’s printed forms. All principals – the buyer and seller -- sign the instructions, which set forth the parties’ understanding of the transaction. An initial deposit usually accompanies the instructions. For a home purchase, the instructions must include:

Purchase price and terms;

Agreement as to mortgages;

How buyer’s title is to appear (called “vesting”);

Matters of record subject to which buyer is to acquire title;

Inspection reports to be delivered into escrow;

Proration adjustments (involves taxes and insurance);

Date of buyer’s possession of the property;

Documents to be signed by the parties, delivered into escrow, and recorded;

Disbursements to be made, costs and charges and who pays for them; and

Date of closing.

2. Order Title Search. This title search is performed on the subject property, resulting in a “Preliminary Report” from a title company. The escrow holder examines this report for items not contemplated in the instructions. For example, is there a lien (or additional loan) on the property that wasn’t reported? The seller must clear any such item or it must be brought to the attention of the buyer.

3. Request Demands and/or Beneficiary Statements. This request for information goes to any lenders of record. The document will be either:


a “Demand for Pay-off,” if the seller’s existing loan is to be paid in full through escrow; or

a “Beneficiary Statement,” if buyer is purchasing the property “subject to” or assuming a loan.

4. Accept Structural Pest Control Report and Other Reports. These reports might include plumbing or roofing reports. They all pertain to the property’s condition, and are kept in escrow. The escrow holder might also obtain any necessary approvals from the seller or buyer due to information in a report. For example, whether the home needs to be sprayed for insects. The reports are delivered at close of escrow.

5. Accept New Loan Instructions and Documents. This happens if the buyer is obtaining new financing for the home. The escrow holder also obtains the buyer’s approval/execution of the documents. The escrow agent must also satisfy all lender’s instructions before using the lender’s funds to complete the transaction.

6. Accept Fire Insurance Policies and Complete Settlement. By this step, it’s almost time to close the transaction. Here, following the buyer’s and seller’s instructions, the escrow holder:


accepts and delivers any fire insurance policy and transfers the insurance;

makes all payments on property taxes and insurance (called “prorations”);

completes the accounting (settlement) details; and

informs the principals that escrow is ready to proceed.

7. Request Closing Funds. The escrow holder cannot disburse any funds until all items, such as checks or drafts, have cleared and become available for withdrawal.

8. Audit File in Preparation for Closing. In this step, the escrow holder:


accounts for all funds and documents; and

determines that the parties have complied with all escrow instructions.

9. Order Recording. At this point, the escrow holder authorizes the title company to run the seller’s title and to record the necessary documents. This can happen provided no change has occurred in the seller’s title since the preliminary title report was issued.

10. Close Escrow. This is what you’ve been waiting for! Closing the deal. The escrow holder can “close escrow” after confirming recording, by:


preparing settlement statements for buyer and seller;

disbursing all funds; and

delivering documents to the party or parties involved.