Tuesday, August 31, 2021

Independent title insurance agents - the key to your real estate transaction

Vested Land Services LLC has long avoided joint ventures and other business arrangements with mortgage brokers, real estate agents and attorneys.  Unfortunately, in these cases, the end-user of the title insurance process - the homebuyer or homeowner - usually doesn't know she is being steered to a title agent that has a financial arrangement - a kickback - with the lender or real estate agent  or attorney.  Sometimes it's disclosed but in a fashion designed to avoid the customer's curiosity as to the nature of that arrangement.

Moral of the story - 

know your title insurance agent!


A recent settlement in a case involving a national lender and title insurance company was made public.  Here's the news release from Bloomberglaw.com

Title Insurance Kickback Case Ends in $1 Million Settlement Deal

Aug. 11, 2021, 3:07 PM

https://news.bloomberglaw.com/banking-law/title-insurance-kickback-case-ends-in-1-million-settlement-deal

 Suit one of several alleging schemes between lenders, insurers

Judge advanced case in January after initially dismissing it

Sierra Pacific Mortgage Co. will pay $990,000, plus up to $280,000 in legal fees, to resolve racketeering claims over an alleged scheme to refer mortgage borrowers to a title insurer that gouged them and kicked back some of its excess profits, according to a federal court filing in Baltimore.

 Each of the approximately 307 homeowners ripped off by the conspiracy would get about $3,200 out of the settlement, the lead plaintiffs say in a motion seeking preliminary approval for the deal from Judge George Levi Russell III.

 That recovery would provide a “substantial benefit,” given that “in most instances this award is many times more than the kickbacks paid” or “the increased costs resulting” from them, according to the settlement motion.

 “Like all complex commercial cases and class actions, this case was not without its associated risks,” the filing says. “While class counsel firmly believe this case is strong, no case is full-proof.”

 If approved, the agreement would end litigation in the U.S. District Court for the District of Maryland over kickback allegations involving Sierra Pacific and All-Star Title Inc., which isn’t named as a defendant.

 The proposed class action, filed in 2019, is one of several alleging violations of the Racketeer Influenced and Corrupt Organizations Act and the Real Estate Settlement Procedures Act by mortgage providers taking kickbacks from All-Star.

 Each of the lawsuits accuses a residential lender of referring customers to All-Star, which was allegedly able to charge an inflated rate for title settlement services thanks to the steady source of customers.

 Russell initially dismissed the claims against Sierra Pacific in March 2020, saying its “payments to All Star fall squarely within” RESPA’s “safe harbor” provisions because they were for services rendered.

 But he vacated that decision in January, admitting he’d fundamentally misunderstood the allegations, including the direction of the alleged kickbacks. It’s plausible those weren’t “bona fide” payments for “goods or facilities actually furnished or for services actually performed,” the judge said.

 Smith, Gildea & Schmidt LLC and Joseph, Greenwald & Laake PA are co-counsel for the homeowners. Sierra Pacific is represented by Weiner Brodsky Kider PC.

 The case is Walls v. Sierra Pac. Mortg. Co., D. Md., No. 19-cv-595, motion for preliminary settlement approval filed 8/10/21.

 


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
a/k/a Dr. Title
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland



Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.
Sphere: Related Content

Monday, August 30, 2021

Homebuyers ask - What is a Certificate of Occupancy?

What is a Certificate of Occupancy?

Why do I need a Certificate of Occupancy?

When you’re buying a home, of course, you want to know that it’s safe. When you buy a property, you need to follow some requirements, one of which may be getting a certificate of occupancy. A certificate of occupancy is also called a CO. The general idea behind the CO is that it verifies a property is suitable to live in.

Beyond that, the following are more details to know about a certificate of occupancy.

 The Basics

 The certificate of occupancy is a document that shows a structure, like a house or office, is safe for inhabitation. A CO includes what the property is legally classified as in terms of zoning. For example, the CO will indicate whether the property is for residential, commercial, retail, industrial or mixed-use. That means that the property is being used as it’s meant to be. For example, residential property should be used as a primary residence.

 A CO verifies a property is up to code and in compliance.

 The third thing a CO does is show that a property is suitable for occupation based on the standards in the municipality where it’s located.

 A CO will include, along with verification that a property is up to code, the property address, a legal description including square footage, the zoning code, the owner, and any additional notes that might be relevant to the property’s safety.

 You can’t live in a property or use it until there’s a certificate of occupancy issued.

 When Do You Need a CO?

Local rules and specific situations determine if you need a certificate of occupancy to sell a house.

 If you have a converted space, you’ll need one. Basically, what this could mean is that if you were selling a multi-family home but converting it into a single-family home before doing so, the certificate needs to show the code change. If you’re converting a business into a residential space, again, you’ll need a CO showing the change.

 If you’ve made a lot of renovations, you’ll need a CO to sell it. [This is why it is important to "close our" building permits by having the work inspected by the municipality when the work is done.

 If you’ve done any type of remodeling, it’s best to verify whether you need a CO or not before you try to sell a home.

 If you didn’t have a CO before, but you need one to sell the home, then you might have to make changes to get it up to code.

 If you built a new house to sell, you’d need a CO as part of the sale.

When your home was built, there was probably a CO issued. As long as you haven’t made any major renovations or the building code hasn’t changed, then you should be able to use that one.

 How Do You Get One?

 If you do need a CO, then you can contact your local zoning or building department. There should be a website in the city or town where you live to indicate who to contact.

 If you have an existing home, you can apply for a CO at your local building department. Sometimes you might need to show architectural plans to apply if there were extensive renovations or the home was just built.

 Finally, if you do need a CO, someone has to come from the local government and inspect the home. It’s not the same as a home inspection that occurs when you’re doing a real estate transaction.

 During a CO inspection, the professional will come and compare the building to the current code and make sure there are no violations. They’ll look at general building components, plumbing, electrical, fire safety, and more minor elements.

 Then, at the end of the inspection, you get a report.

 If you passed the inspection you can claim your CO and go forward with the home's sale. If you don’t pass, then you’ll receive a list of what needs to be fixed within a particular window of time. Once you make the repairs, you’ll have another inspection before you can move forward.

 If you need a CO and you don’t get one, your transaction might not go through because a lender will not want to provide financing for a home that isn’t safe. You might also be fined by your municipality or sued.

 As a final note, in some municipalities, you need a new certificate of occupancy each time you sell a property or when a new tenant moves in if it’s a rental. If you aren’t sure about anything, check with your local building or zoning authority.

 

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact

Stephen M. Flatow, Esq. a/k/a Dr. Title
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland

Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.


Sphere: Related Content

Monday, August 23, 2021

Six truths about open houses

6 Truths About Open Houses You Must Know  

Do Open Houses Work?

It’s time to sell your house. Better get started with your plans to hold an open house to attract buyers.
Right?

 An open house will guarantee that your house gets the best exposure to the largest pool of interested buyers…

 Or will it?

 Actually, this isn’t always the case! Open houses are not the best in every case. This is why some sellers are beginning to shy away from holding them in today’s market.

 So why, then, will most real estate agents push for an open house?

 There are benefits for agents in holding an open house. Real estate agents build their own potential network of clients through open houses. But let’s be very clear about something: most of the benefit runs the way of the agent, and NOT, you, the seller.

 An open house is not a key component of a successful sale. The key components are the right real estate agent, the correct price point, and an excellent marketing campaign.

 Let’s face it: scheduling an open house can be a proper headache in your busy lifestyle, or ruin your relaxing family Sunday afternoon by preparing your home for sale!

 Here is my expose on open houses: six truths that may change your mind about open houses. You’ll agree you should think twice before running your next open house and inviting every Tom, Dick, and Harry!

 Truth #1 – You don’t need an open house for a successful sale

Most agents will try to set up an open house, simply from habit.

 This is the set way in which real estate sales have been running since before there was a World Wide Web.

 “But hasn’t it always been done this way?!”

 Well, advancing technology has revolutionized all areas of industry and commerce, and real estate is no exception. Top real estate agents have adjusted to the times and rightly asked whether there is even a need for open houses.

 Prospective buyers now hit the internet first when embarking on their home-buying journey. A great online listing should be part of your marketing strategy – far more than an open house!

 Interested buyers who are moving toward making an offer will get the agent’s details from the listing and set up a viewing as soon as possible, regardless whether there will be an open house next weekend!

 This framework actually weeds out those who aren’t interested in buying your home.

 Rather than focusing on sorting out an open house, connect with a competent real estate agent with an expansive network of buyers and sellers. Invest time and effort into developing a solid marketing campaign with them.

 Truth #2 – Most of those attending the open house aren’t qualified buyers

It is true that some who come along to your open house may be looking to buy. But in my experience, there are quite a few who show up who have no interest in making an offer.

 Some will be “just looking”. Some will be nosy neighbors looking to check your place out. I’ve had it many times where couples confide in me that they enjoy going to open houses on Sundays as a pastime or hobby! Beats staying home and watching Netflix, I guess?

 In short, the open house mentality encourages many to pitch up on the day itself, who aren’t prepared for what they’re about to see and highly likely will have no intention of buying.

 An agent worth their salt will instead prioritize private viewings with pre-approved buyers who are in the position to make an offer.

 Truth #3 – You can expect those inquisitive community members to pop in

The myth is that every open house leads to a long queue of genuine, interested, potential customers.

 Wouldn’t that be great?!

 The reality is that an open house is an opportunity for window shoppers to come off the street to have a look.

 Why do nosy neighbors make use of an open house? They may have always had an interest in seeing the setup at your house. It may be to compare their space to yours. Some enjoy seeing similar decor and furniture arrangements in their area to get creative ideas for their own space. Some want to compare market values. And some are only taking license to be nosy.

 If this doesn’t appeal to you, as the home seller, the solution is rather simple: don’t run another open house.

 Truth #4 – Open houses have a poor conversion rate

When you run an open house, you are inviting the world in to see your house. This can include a small percentage of potential buyers. However, in most cases, you are also inviting in a crop of people not interested in buying your home.

 This means that open houses are more often more trouble than they are worth! That is, for you, as the home seller, of course. Meanwhile, your agent is expanding his client network on your time in your open house…

 The true professional real estate agent will be better off spending their time and effort on attracting true potential buyers.

 Truth #5 – Open houses are not good for your peace of mind

Unfortunately, it would be naive to think that everyone who walks into a show house has the best intentions. We don’t have to spend time unpacking current crime statistics to drive the point.

 We have an opportunity here to expose the drawbacks of open houses:

 Incidents of theft do occur on open houses. Worse still, in certain cases, there have been burglaries following the open house. Criminals attend the open house, identifying weaknesses which they can exploit at a later stage. Some even sabotage locks on doors and windows during the open house.

 Is it worth the risk, when you consider what valuables and heirlooms you have on your property?

 Truth #6 – You don’t have to agree to run an open house

Even if your agent is pushing you into holding an open house, you can just say “no”.

 One reason some agents still endorse open houses is that it looks like they are doing good work when they take up their (and your) whole Sunday for an open house!

 Rather than judging an agent by how busy they look, base it on the results they get: how long does it usually take for them to sell a house? Do they usually sell houses close to the sellers’ asking prices? Do they have good references?

 Bottom line: a good agent will be open to a discussion about whether to hold an open house. While it might still be advantageous to hold them in certain rare situations (such as new construction), bearing in mind the pointers in this article, listen to what your agent has to say and make your own informed decision.

 Good luck!

Thanks ImmoAfrica for more timely information - the editor.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Thursday, August 19, 2021

10 Secrets You Need to Know When You’re Buying a New House

10 Secrets You Need to Know When You’re Buying a New House

House buying can be a hassle, especially when you’re a first-time home buyer. There are a lot of questions and expectations in your mind that you want to address all the way.

 While you may have so much planned for yourself, it’s high time that you realize your expectations will not always be fulfilled.

 Here are the top 10 secrets that you should know when buying a house for the first time:

 1 – Real estate agents know the neighborhood better than you

Even though you’ve been living in a certain area for a number of years, when you plan on buying a home in that area, there’s no one better person to chat with than a real estate agent who’s operational in that area!

 Why? For starters, real estate agents have been working in the neighborhood for a good amount of time (years/decades). In addition, they are constantly aware of what has sold, is on the market and what’s about to come onto the market house-wise.

 They are very knowledgeable about the condition of the houses (inside/outside). Moreover, they are also called by clients that want to sell their houses.

 Thus, compared to you, their expertise is way more skilled, and although you might not necessarily be keen to, hiring a real estate agent is a good option.

 2 – You can end up paying more

As mentioned earlier, even though you anticipate everything to go smoothly, reality is that it won’t go all as planned. You have to be prepared for changing situations, which is why it’s a good idea to keep additional cash on hand in case you end up spending more than you initially had in mind.

 There are many cases where a residential real estate company that you’ve hired finds you a house that suits your requirements. However, the owner might be somewhat reluctant to sell at the price you’re offering. In this case, you’d have to either look for another house or agree to the price that the owner is asking.

 Hence, always plan for the worst, and keep an additional buffer in place in the event you are left with no option but to buy the one you liked the most (and spend money in doing so).

 3 – Consider long-term

You might purchase a house which slightly exceeds your forecasted budget. However, you should always consider the future while buying: are you able to pay off the mortgage? Can your employment afford the current rent if it continues long term?

 In addition, you also need to ensure that your sources of income are sufficient to support these costs since there are going to be other expenditures as well, such as groceries, upgrades, etc.

 It’s fair to say that these questions should be addressed beforehand.

 4 – Your relationship status

Another important will be your relationship status. Most of the homeowners are couples that vow to stay together, and then, due to unfortunate events, split up a number of years down the line. Whoever’s responsible for the monthly bond payments might be seriously affected by the split-up.

 Hence, sit down with your partner, discuss everything in detail, work out your differences by becoming the strengths of each other, and most importantly, communicate!

 5 – Keep your credit score efficient

When it comes to getting your loan approved, you need to show a decent credit score to the financial institution. Your credit score will have an impact on your financial future, and in order to borrow (and keep your interest rate low), you’ll need to make sure your score remains a healthy one!

 6 – Consider upgrades

We all ignore the mistakes and flaws of those we love. And that can be the case as well for the house you’re planning to buy. In other words, you may ignore the structure, flooring, kitchen design or other factors just because you like the place overall.

 However, keep in mind that all those factors you’ve looked over are now added onto your upgrade list. Not only are you paying for the monthly bond, but you also need to start putting monies aside for those desired upgrades.

 Remember that upgrades are not only wall paint, basic flooring change, etc. It can be rising damp, a leaking roof, or other factors. Hence, definitely something to keep in mind when buying your house!

 7 – Get inspections

Why try to skimp on ensuring one of your most important investments is a proper deal?

 Getting a home inspection will give you a clear insight into what the real condition of the house is.

 As recommended by many of the top real estate agents, home inspections definitely prove to be advantageous in determining the condition and the ultimate selling price of the house.

 8 – Age of the house

All that glitters is not gold. No matter how appealing the architecture may look, never drool over it or hesitate to ask about its age.

 The older the house, the more likely it is to experience issues such as roof problems, sewerage, flooring issues, paint peeling, etc.

 9 – Up your negotiation game

This one can be tough but you really need to improve your negotiation game in order to get any closer to your budgeted amount. Even if the owner places a final tag on it, try to negotiate.

 If it works, you’re in luck, if not, there are other houses on the market to look at. Never settle immediately just because you’re too lazy to find a home for you and your family.

 10 – Keep renovation costs in mind

There are some cases where the owner decides to settle at your price.

 However, you might have to pay for the renovations, which cost way more than you might have imagined in the first place. Assess them, and negotiate based on the costs that would suit you the best.



We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!
For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Wednesday, August 18, 2021

7 Tips for real estate investing

7 Real Estate Investment Tips Beginners Should Know

We believe beginner real estate investors need all the help they can get.  We came across these tips courtesy of ImmoAfrica.net, a South African company.  They apply in the USA, too.

No matter how savvy you are when it comes to investing, the real estate business is like no other. Since your real estate investments likely measure in the hundreds of thousands, it is wise to educate yourself about investing in real estate before you transfer that next amount.

 In fact, there are at least 8 tips beginners should know before making their first investment in real estate. And, if you play your cards right, there might be a huge profit margin waiting for you.

 Let’s have a closer look at the real estate investment tips for beginners:

 #1 – Taking care of our own debt

Before you are ready to look into investment opportunities, your finances need a clean bill of health.

Namely, you should make sure there are no debts that are weighing down your purchasing power.

Everything from student loans (of which there is a crisis in the United States) to unpaid medical bills should be taken care of before your first investment.

After all, it wouldn’t be wise to purchase a property if you have a mortgage on your own home, for example.

#2 – Do the repairs on your own

If you are buying a piece of property for you and your family to live in, then it’s perfectly natural that you’re the one who’ll spruce it up.

However, when it comes to property investment, beginners get carried away and hire other people to refurbish the houses and apartments they have invested in.

Although this move seems logical, it is actually quite expensive in the long run. For this reason, try to find properties that don’t require a lot of subsequent investing and make sure you can do these repairs on your own.

Furthermore, if you have renting in mind, then be sure are up the role of the landlord that borders the job of a handyman.

#3 – The snare of high-interest rates

If you browse through the credit line of any financial institution, you might get the impression that borrowing money is cheap nowadays. However, as we have stated above, interest rates can be higher on an investment property than mortgages on residential housing.

For this reason, wise property investment includes researching the financial market in the search of low interest rates. After all, it is your profit margin that’s at stake since high-interest rates can eat it up entirely!

#4 – Calculating profit margins

Speaking of margins, if you wish to make a profit, you first need to list all your expenses.

For instance, the cost of maintenance should be around 1% (of the value of the property) or even less if you do the work yourself.

 Then there is home insurance, homeowners’ association fees, national, regional, and local property taxes. The list of expenses will never be truly populated, so always plan up to 20% extra funds. If you do everything correctly, the profit margin should linger around 10%

#5 – Start with a low-cost home

Since you are a novice in the real estate business, we recommend that you start off lightly and purchase a low-cost property.

Not only will you pay less to start with but all of the accompanying costs will be lower as well, providing you with more room to manoeuvre.

#6 – Location sells

The price of the property shouldn’t influence the location that needs to be ideal.

In fact, location takes precedence over the value the property is being sold for.

A location is much more than the physical location of a house or an apartment block. It includes the distance to the nearest school, access to medical care, the neighborhood crime rate, access to labor, etc.

You should try to get as many of these factors as possible to go in your favor.

#7 – Be fully aware of all the risks

You’re entering the real estate market to make money but be aware that this is a risky undertaking. If you invest in rental property, there is a risk of running into dodgy tenants that might be late with monthly rent. Furthermore, be prepared for the rental income to undershoot the total mortgage payment.

Also, keep in mind that property is nothing like stocks, which you might have traded with earlier. You cannot simply sell real estate when you feel like it so, don’t hope for quick returns; rather pray for them. It will take a large sum to enter the real estate market and an equally hefty sum to exit the trade.

All-in-all, there are many more pieces of advice for beginners than the ones we have listed above. Hopefully, they will be enough to keep you afloat in the first couple of months after purchasing your first property.

Once you learn the ropes of property investment, you can expect your profit margin to gradually increase. 

 From the editor - So, there you have it!  Wishing you real estate investing success!! 


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Monday, August 16, 2021

Subordination agreements and your mortgage refinance

My lender has asked for a subordination agreement on my home equity loan.  What is it?

What is a subordination agreement, and why does it matter?

 Let’s say you are looking to refinance your existing first mortgage but you have a home equity loan, too.  The new lender will not make a “second lien mortgage,” that’s where the subordination or, as it’s sometimes called in New Jersey a postponement of mortgage, comes into play.

 Refinancing your home comes with a fair share of paperwork. If you have a home equity loan or line of credit, one document required by the new lender may feel particularly troubling: the subordination agreement. Don’t be scared by the name because obtaining a subordination agreement has become a normal part of the mortgage refinancing process.

 Here are the basics of subordination, using an existing home equity line of credit (HELOC) as an  example.  

What is subordination?

 Subordination is the process of arranging the priority of home loans (mortgage, HELOC or home equity loan) by order of importance. When you have a home equity line of credit, for example, you actually have two loans – your mortgage and HELOC. Both are secured by a lien on your home at the same time. Through subordination, lenders assign a “lien position” to these loans. Generally, your mortgage is assigned the first lien position while your HELOC becomes the second lien.

 Why does subordination matter to the new lender?

 In a foreclosure, your mortgage and HELOC must be paid off with the equity in your home. Unfortunately, a home’s equity cannot always cover the full cost of both loans. Subordination addresses this problem with pre-established lien positions.

 The first lien is always paid off first. (In this case, that’s your mortgage.) Equity can only be allocated to pay off the second lien once your mortgage is paid in full. If there were a third lien, it would be paid off after the second lien. And so on.

 When there’s not enough equity to cover what’s owed on your second lien, the HELOC lender loses money. Subordination cannot magically pay off loans, but it does help lenders estimate risk and set appropriate interest rates.

 How does subordination affect refinancing?

 Refinancing is the process of paying off your old mortgage and replacing it with one with better rates and terms. When your mortgage is paid in full, the second lien (HELOC) automatically bumps up in priority. Your HELOC becomes the first lien, and your new mortgage becomes the second lien.

 Unsurprisingly, mortgage lenders don’t like the risk associated with a second lien. Indeed, some lenders can only make first mortgage liens. A subordination agreement allows them to reassign your mortgage to first lien and your HELOC to second lien position.

 What can you expect?

 Most subordination agreements are seamless. In fact, you may not realize what’s happening until you’re asked for a signature. Other times, delays or fees may take you by surprise. Here are a few important notes about the subordination process.

 Subordination agreements are prepared by your lender. The process occurs internally if you only have one lender. When your mortgage and home equity line or loan have different lenders, both financial institutions work together to draft the necessary paperwork.

 Some financial institutions charge a subordination fee and/or other fees, such as appraisal fees.

Delays can occur, especially if you have two lenders. We encourage you to manage this situation to ensure that your subordination agreement is completed before the loan closing date. Your home equity loan or HELOC may be frozen or closed temporarily until the subordination agreement is processed.

 Despite its technical-sounding name, the subordination agreement has one simple purpose. It assigns your new mortgage to first lien position, making it possible to refinance with a home equity loan or line of credit. Signing your agreement is a positive step forward in your refinancing journey.

Vested Land Services LLC works hard to get you to the closing table as fast as possible.  Our staff will do its best to get you the subordination you need for the closing of your mortgage.


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Thursday, August 12, 2021

Ah, those "equitable liens"

Equitable liens in New Jersey

An equitable lien is a court-established lien given to protect a third party from being deprived of its rights in real estate.  There have been many cases litigated in New Jersey over the years establishing or denying the imposition of an equitable lien.

The latest case is Recon Realty v. Marjac, et al.  In this case a real estate broker sought to impose a lien on the funds received by a mortgagee in a short sale transaction.  

The appellate court outlined the grounds for a finding of an equitable lien this way:
"An equitable lien is a right of special nature in a fund and constitutes a charge or encumbrance upon the fund" to prevent unjust enrichment. VRG Corp. v. GKN Realty Corp., 135 N.J. 539, 546 (1994). "For an equitable lien to arise there must be debt owing from one person to another, specific property to which the debt attaches, and an intent, expressed or implied, that the property will serve as security for the payment of the debt." Highland Lakes Country Club & Community Ass'n v. Franzino, 186 N.J. 99, 112-13 (2006) (quotations omitted). "Where one promises to pay for services rendered out of a fund created in whole or in part by the efforts of the promisee, a lien in favor of the promisee will attach to the fund when it comes into existence." In re Hoffman, 63 N.J. 69, 77 (1973). Additionally, an equitable lien can be imposed, if based on the "the dictates of equity and conscience . . . a contract of reimbursement could be implied at law." VRG Corp., 135 N.J. at 546.  
At the end of the day, the broker lost its claim for an equitable lien..

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Tuesday, August 10, 2021

Real estate title after the parents die; don't believe everything you read on the Internet

The road to hell is paved with good intentions, but sometimes it's just bad advice


So, a recent consumer help column discusses the ownership of real estate after a parent dies. Here's the lede:

What happens if I don’t change a deed after a parent dies?



Q. In the situation of parents who transfer property to a child and the child’s spouse, and after a while, both parents pass away, what is the obligation or responsibility of the child and spouse in notifying the authorities — the county register of deeds and the city or township tax assessor — about the death, in order for the property tax records to properly show ownership of the property? And when this has not been done for more than three years after the death of the last surviving parent, are there consequences?
— Beneficiary

[Our comments are in brackets]

A. We’re sorry to hear about the loss of your parents.

The New Jersey Recording Act requires that deeds must be recorded, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. [Yes, they do, but only when a deed exists.  This statement implies that in this situation a deed MUST be recorded.]

She said the failure to record a deed will make it impossible to sell the property or obtain a mortgage or a line of credit. [Not true.  Title to real estate devolves upon the death of an owner in accordance with a state's inheritance laws and how ownership is held.  For instance, upon the death of a joint tenant, title automatically vests in the co-owner without need for estate administration. If property is devised to a third party, title to the property becomes vested in the beneficiary upon probate of the Will.] Plus, judgments or liens against the prior owners could attach to the property. [These judgment or liens are already attached to the property.]

“The transfer should be exempt from New Jersey Realty Transfer fees because the conveyance was from a parent to a child,” Whitenack said. [A deed from the estate to a beneficiary is exempt from RTF on that basis.] “However, if the parents were wrongfully or fraudulently receiving a tax credit or deduction on the residence on property they no longer owned, there could be serious consequences affecting the estate of the parents.” {They lost us on this one.]

It’s time to get the paperwork done.

[Getting the title into the name of the beneficiary is a good idea but I wouldn't lose sleep over it. A letter to the tax assessor with a copy of owner's death certificate asking that the assessment be changed and bills sent to a new address should be sufficient to avoid errant tax bills.]

[We're glad to answer any questions you might have.  Call us.]

This story was originally published on July 26, 2021.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Monday, August 9, 2021

New Home Purchase? Do not forget the home inspection

Home inspection for your new home purchase- Waive at your risk?

Buying a home at this time can be frustrating as potential buyers compete with each other to make the deal.  Presenting an offer that is "all cash," that is not contingent on obtaining a mortgage is one tool in the homebuyer's tool kit.  Another is waiving the home inspection.

There have been a series of articles on the wisdom of waiving the home inspection.

“I would never waive it,” says Samantha Eisenberg, a Compass real estate broker who works in the Boston suburbs. “A home purchase is probably the biggest purchase of your entire life and we spend more time picking out a sweater…If I buy clothes online, I try it on and see how it looks. A house we go through in 30 minutes and you’re waiving inspections (over) something that costs over a million dollars.”

A full home inspection can unearth everything from structural issues, roof problems, or faulty electricity and plumbing. If the thought of dealing with any of these gives you a major headache, you’re better off following the recommendation of your realtor.

The home inspection contingency, meanwhile, is a bit of legalese that gives a buyer a way out of a deal.

In today’s super-competitive market, buyers are making their offers stand out by agreeing to ignore minor issues. Rather than skipping inspection contingencies entirely, savvy bidders are modifying the language in their offers, says Katie Severance, an agent at Brown Harris Stevens in Upper Montclair, New Jersey.

For instance, you might still conduct an inspection but promise the seller that you’ll overlook any single repair valued at less than $500, or that you’re scouting for only major issues such as mold, radon or a faulty foundation.

“The buyer hopes to send the message to the seller that they’re not going to nickel and dime them,” says Severance, author of “The Brilliant Home Buyer: 101 Tips for Buying a Home in the New Economy.”

Homebuyers should, in our humble opinion, keep something in mind when they read the home inspection report.  If you are buying a house that is 50 years old and the inspector says "the hot water heater is nearing the end of its useful life" or "the electric system should be upgraded" or "the roof is original," those items are not defects in the house.  

Happy househunting.

  
We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content