The Importance Of “Rights” When Buying A Property

The Importance Of Rights When Buying A PropertyWhen buying real estate there are certain standard rights usually included, unless the property has an encumbrance that in some way causes an exclusion as noted in the sale.There are also additional rights that may or may not be in the sale, which may represent significant value.

Standard Real Estate Ownership Rights

The standard rights conveyed to the owner of the title deed for a property include:

  • Possession: Possession is a legal word for ownership. Possession occurs after closing on the purchase of a property, receiving the title, and recording the sale with the county office where the property is. Anyone who has a claim against the property files a lien with the county for the amount of the claim. These can be on behalf of the mortgage lender, a tax authority, a building contractor, and others who win a judgment award, in the courts, against the property owner.
  • Control: The buyer of the property gets control over it, subject to any prohibitions under law or rules of a homeowners’ association (HOA) called “covenants and restrictions.” Be sure to read all the details of the HOA rules (if any). Investigate any county and city restrictions as well to understand allowed uses of the property.
  • Exclusion: Owners of private property control who uses it, with the exception of any easements that may exist. Common easements allow utility companies and municipalities access to some portion of the property. These may be found in the zoning regulations or indicated in the title documentation. Less common easements, allow others to cross the property or have an access road to get to other properties.
  • Enjoyment: This permits the owner to use the property in any legal manner. For example, if not prohibited by any HOA rules, county laws, or other restrictions, a new property owner can do whatever they like on their property, such as put up a pig farm or fill the yard with broken-down automobiles. However, there are usually rules and laws that prohibit this type of “enjoyment.”
  • Disposition: This right allows an owner to rent, sell, or transfer the property when desired. However, any liens have the ability to have priority to block a sale or transfer until they are fully satisfied.

Special Real Estate Ownership Rights

There are additional rights that may be included in the sale or not, which include:

  • Mineral Rights: These rights include anything found underground such as valuable metals, gemstones, minerals, natural gas, and oil. If these rights do not sell with a property, it is possible that a third-party will own them and have the right to come onto the property to extract them.
  • Water Rights: If there is any natural water available to the property, such as lakes, rivers, streams, water wells, and underground aquifers, these water rights can be sold, or not, with the property.
  • Air/View Rights: These rights may include all the air above the property and the views from the property. These rights become important in congested areas where construction on an adjacent property might block a view, put the property in a shadow, or inhibit desirable breezes.

Title Insurance

Most real estate transactions close with the help of a title company. The title company does the research to determine the included rights and any encumbrance by liens. Title insurance is protection for the home buyers that there are no claims, which remain unidentified in the closing documents by the title company.

Ownership of property comes from holding the title to it. The documentation of the title is the deed. When a sale occurs, creating a new deed transfers the title of the property along with any rights associated with it.

Summary

Knowing the rights when buying a property is a part of being a well-informed buyer. All rights that are available for a specific property are valuable. The rights included the sale (or lack thereof) create the full value of the real estate.

Be sure to partner with a trusted real estate agent and home mortgage professional to assist you with all of your real estate needs.

Want to Make A Richer Life? Take Time To Make Time

Want to Make A Richer Life? Take Time To Make TimeMany who are financially sound got that way by being skilled at accumulating wealth. The question is, did they also accumulate quality of life? Working all the time to build wealth, while at the same time lacking happy experiences with those who are important, is not creating a rich life.

Here are some ideas to promote both a healthy and wealthy lifestyle.

Time Budget

For those who already do a decent job at managing their finances by using a budget, congratulations for doing half of the planning well. In order to have a fully-satisfying life, the other budget that is needed is a time management budget.

Allocate time on a weekly basis to all the other things that are important, which, in addition to money-making efforts, may include:

  • Personal Growth and Development: Examples in this category include daily meditation, yoga practice, and self-help classes.
  • Quality Family Time and Time with Pets: This category is less about the things to do and more about who does them together. Take time to sit with kids and play with them. Walk the dog or use a laser light on the wall to play with the cat.
  • Community Service: Make an effort to spend at least one hour each week doing some community service. This is a “pay-it-forward” way to keep everything in perspective and develop an attitude of gratitude.
  • Stress Relief: Find a way to release anger and frustration in a healthier way, such as going to a gym and working out with a punching bag.

Make More Time

Time is actually more precious than money. The best practice strategy is looking for the possibilities to create more passive income that requires money investment to produce a positive result but little or no time to make it happen. Creating passive-income streams by investing in real estate is a way to achieve wealth, while also creating free time.

Delegate And Outsource

Make a list of the little annoying things that take the most time. Find a way to delegate some of those tasks to others. Consider using the help of freelancers to outsource things that are time-consuming and can be done more efficiently by others.

Let A REALTOR® Do The Work

If there is some investment capital available to work with, find a real estate agent that becomes an integral part of the long-term business strategy. Make an investment plan together and let your agent find the properties that qualify for the strategy. Be happy paying the agent commission for a property acquisition that meets the investment criteria.

Success Creates More Success

Rewarding others who bring valuable deals that create passive income usually improves the results. If possible, start young, be patient, and, step-by-step, build up a valuable real estate portfolio. The life goal is to eventually create enough passive income, which requires so little time that most of the time can be spent playing with pets along with the grandkids. That is the meaning of true wealth.

If you are in the market for a new home or interested in refinancing your current property, be sure to contact your trusted home mortgage professional to discuss current financing options.

I Can’t Believe It’s Not Grass!

I Can't Believe It's Not Grass!For those who have not taken a look at the innovative technology that is now used to make artificial grass, they will be surprised at how realistic some of the newest products look when compared to living grass. Installing artificial grass, which is high quality, does not come cheap.

Prices range from $8 to $14 per square foot. However, this investment may pay off well because of improved resale value, low monthly water bills, and other benefits. The best artificial grass can last up to 25 years with little to no maintenance.

Here is a comparison of the advantages and disadvantages of the most innovative artificial turf to help homeowners and business owners decide if these new products are suitable for their properties.

Disadvantages

Besides the investment cost, here are some other disadvantages.

Hot To The Touch

Some artificial grass products do no dissipate heat very well. In areas where there is a lot of direct sunlight this problem can make artificial grass too hot to walk on barefoot.

Nevertheless, there are advanced designs of artificial turf, which have perforations that allow water to easily run through. These can be quickly cooled down by simply spraying the artificial turf with a light water mist spray.

Homeowners Association Rules

The rules of the homeowners association (HOA) may prohibit the use of artificial turf. Check the HOA rules before installing artificial grass. There may be a need for an exception to the rules.

High-quality artificial grass looks as nice, if not better, than real grass. Low-quality artificial turf looks like cheap, green, furry plastic. Make sure the HOA sees a sample of the artificial grass product for the project for their more accurate understanding and consideration.

Advantages

There are many advantages of using high-quality artificial grass.

No Water And Low Maintenance

In drought-stricken areas, water for irrigation may not be available at all, has use restrictions, and/or is extremely costly. Artificial grass does not need a huge amount of water that real grass needs to survive. It is very low maintenance.

No mowing or lawn care is needed to keep it looking perfect. It is washable, which makes it easy to remove dirt, dust, and pet litter. It is durable and tough.

Curb Appeal

High-quality artificial grass makes a home stand out. When all the neighbor’s homes are dull with dead, brown, real grass or another bland-colored ground cover, a vibrant green artificial lawn really looks spectacular in comparison.

Pet-Friendly

Pets like quality artificial turf. It is easy to clean. It should be able to withstand plenty of pet activity without showing ugly wear and tear. Depending on the installation, pets are discouraged from digging up the lawn.

If a portion does get damaged, it is fairly easy to replace a damaged section.

Conclusion

Artificial grass is increasing in popularity. In most cases, the advantages far outweigh the disadvantages. Even for properties, which have the option of maintaining a real-grass yard, artificial grass is something worth considering.

If you are interested in purchasing a new home or refinancing your current property, be sure to contact your trusted home mortgage professional to discuss financing options.

Buying A Second Home And How To Pay For It

Buying A Second Home And How To Pay For ItHow does an average homeowner become a real estate investor? Certainly, owning a home is an investment in real estate. However, this guide discusses the next step for many to become a real estate investor. This is to buy another property and use it for a commercial purpose. Owning another home is less of a burden when an investor finds a way to make the home pay for itself.

Here are some tips on how to help a property generate cash flow:

Renting Out A Home

Renting the home to others may be an effective way to pay for it. To do this well, a real estate investor looks for a home with special characteristics. The home is for sale at a low enough price and can be financed well enough so that the cash flow coming in for the rent will be equal or more to the expenses of owning and managing the property. It is terrific if the property makes a positive cash flow each month, even if only a small amount.

If a property has a $50 per month positive cash flow, then that small amount builds up over time. Adding more properties with positive cash flow increases the investment portfolio value quicker.

Home Office

Using all or part of a home as an office creates special tax deductions for the expenses that cover the portion of the property used for business. Even if a homeowner does not have enough money to buy another home, starting a small business by using a home office may help create the money for the investment needed as a down payment on the second home.

Renting A Home Out As A Vacation Rental

Many like to rent homes in nice areas for vacation purposes. The home can rent out as a full home or as individual rooms in the home. Airbnb is a useful web-based service that can bring rental customers for those interested in doing this.

Bed & Breakfast

Another way to make money by owning a property is to turn it into a commercial enterprise as a bed & breakfast. Depending on the location, and the number of tourists attracted to a particular area, a bed & breakfast business can be profitable.

Tax Implications

Even if owning a second home does not make positive cash flow, it can still be financially beneficial when it reduces the tax burden. Work with an accountant and/or investigate the tax implications of owning the property. It may be possible to take deductions such as for property expenses and non-cash deductions such as depreciation, which when combined with other income, reduces the overall tax liability.

If owning a second home reduces the taxes to be paid, this is a financial benefit that offsets any negative cash flow. Tax savings is money in the pocket, so this counts as part of the positive cash flow that comes from owning a property.

Summary

These are just a few ideas to consider that may help pay for a second home and make it easier to become a real estate investor.

When you are considering the purchase of a new property, be sure to partner with a trusted mortgage professional.

Loan Servicing Companies

Loan Servicing CompaniesWhat happens when you suddenly get a notice to pay your mortgage to a company you may have never heard of? How do you determine if this is a legitimate request or a scam?

A borrower may get a written notice or an email that their mortgage sold to another entity or that a new loan servicing company will now be collecting the mortgage payments. The borrower needs to exercise extreme caution before just sending in a payment to the new company. It is prudent to double check to see if the communication is legitimate because many people get scammed by this type of notice.

Borrowers must receive a letter in the mail from the original lender notifying them of the change before getting any communication from a new company. If there was not a letter from the original lender, it is probably a scam.

How To Verify A Legitimate Request With The Original Lender

It is important to be 100% certain that communications are with the lender. DO NOT respond to any notice received by email by clicking on any link in the email, even if the email looks legitimate.

Fraudsters on the Internet use a technique called “phishing” to trick people into thinking they are getting a request from a legitimate company when the email comes from a criminal. These emails are very convincing. They look exactly like the real company; however, they are fake.

Borrowers who want to communicate with their lender online, should type in their lender’s website address and make contact through the company’s official website. 

Better yet, call the customer service number listed on the company’s official website and talk directly to a customer service person to verify that the request is legitimate. They will ask you for identification information and then be able to tell you your loan status.

What Is Loan Servicing? Can A Lender Sell My Loan?

Companies may choose to have the collection of the loan payment done by a third-party vendor. Usually, in any loan, there is a provision that allows the lender to sell it to another party or to change loan servicing companies. These legal rights are normally in the part of the loan document called the “Mortgage Servicing Disclosure.”

This legal right is usually held only by the lender and the borrower has no option but to comply with a legitimate request. Since almost all lenders sell off their loans to other companies or investors, so that they can get more money to loan out, the chance of a new mortgage loan selling is extremely high.

Troubles With Loan Servicing

Many make a smooth transition from one loan servicing provider to a new one by simply following the instructions. Others have troubles. Besides actual fraud by fake companies, there may be problems with real companies if the information in the records is not accurate. The date of a loan transfer may cause an overpayment or a late payment.

Any time there is confusion with regard to a mortgage loan servicing transfer, it is best to be proactive and stay in touch with the original lender for guidance in connecting with the new loan servicer.

Conclusion

Lenders sell their loans all the time. Loan servicing companies change frequently as well. These can be a simple legitimate transfer of the business process from one company to another. However, this is an area that is ripe for scammers to trick people and for bad companies to take advantage of their customers through loan servicing fraud techniques. Be aware of this problem and take care to avoid any negative consequences of loan servicing fraud.

If you have any questions or concerns about your home financing, be sure to contact your trusted home mortgage professional.