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Real Estate Information

Julian, California Buying and Selling Process

Benefits of Home Ownership

Common Forms of Ownership

Who Pays What...

Finding the Right Home

Home Inspections

Frequently Asked Questions

Mortgage 101

BUYING AND SELLING PROCESS




    The Buyer...
  1. Considers the purchase of a home.
  2. Selects a real estate agent.
  3. Determines needs and wants.
  4. Discusses financial issues.
  5. Views & researches target homes.
  6. Makes an offer to buy.

    The Seller...
  1. Decides to sell property.
  2. Selects a real estate agent.
  3. Determines needs.
  4. Prepares home for marketing.
  5. Agent markets the home.
  6. Accepts, rejects or counters offer.
     


  1. Offer Accepted
  2. Loan Application
  3. Inspections
  4. Title Search
  5. Appraisal
  6. Loan Approval
  7. Closing Papers Signed
  8. Documents Recorded
  9. Funds Available To Seller
 

  1. Seller Moves Out
  2. Buyer Moves In


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BENEFITS OF HOME OWNERSHIP



Credit:
Owning a home helps you establish financial credibility.

Independence:
Owning your own home provides you with independence and more privacy than renting. You are free to paint walls, plant flowers, keep pets and anything else within legal bounds.

Investment:
As you make more payments and own more of your home, you add to its investment value. Most improvements you make will also add to its value.

Pride:
A home reflects its owner's values and lifestyle. Owning a home can provide you with a source of pride, enjoyment and satisfaction.

Security:
A home can provide security against inflation because the value of your home increases as prices go up.

Stability:
Being established in a community provides a sense of belonging, stability and security.

Tax Advantages:
Interest on your mortgage loan is deductible on your yearly personal income tax return. Many of the closing costs associated with purchasing your home are deductible, as are your property taxes.


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COMMON FORMS OF OWNERSHIP



  Tenancy in Common Joint Tenancy Community Property Tenancy in Partnership
Parties Any number of persons (can be husband and wife) Any number of persons (can be husband and wife) Only husband and wife Only partners (any number)
Division Ownership can be divided into any number of interests equal or unequal Ownership interests must be equal Ownership and managerial interests are equal except control of business is solely with managing spouse Ownership interest is in relation to interest in partnership
Title Each co-owner has a separate legal title to his undivided interest There is only one title to the whole property Title is in the "community." Each interest is separate but management is unified. Title is in the "partnership"
Possession Equal right of possession Equal right of possession Both co-owners have equal management and control Equal right of possession but only for partnership purposes
Conveyance Each co-owner's interest may be conveyed separately by its owner Conveyance by one co-owner without the others break his joint tenancy Personal property (except "necessaries") may be conveyed for valuable consideration without consent of other spouse; real property requires written consent of other spouse, and separate interest cannot be conveyed except upon death Any authorized partner may convey whole partnership property.  No partner may sell his interest in the partnership without the consent of his co-partners
Purchaser's Status Purchaser will become a tenant in common with the other co-owners in the property Purchaser will become a tenant in common with the other co-owners in the property Purchaser can only acquire whole title of community; cannot acquire a part of it Purchaser can only acquire the whole title
Death On co-owner's death his interest passes by will to his devisees or his heirs.  No survivorship right On co-owner's death his interest ends and cannot be disposed of by will.   Survivor owns the property by survivorship On co-owner's death 1/2 belongs to survivor in severalty.  1/2 goes by will to decedent's devisees or by succession to survivor On partner's death, his partnership interest passes to the surviving partner pending liquidation of the partnership.  Share of deceased partner then goes to his estate
Successor's Status Devisees or heirs become tenants in common Last survivor owns property in severalty If passing by will, tenancy in common between devisee and survivor results Heirs or devisees have rights in partnership interest but no specific property
Creditor's Rights Co-owner's interest may be sold on execution sale to satisfy his creditor.   Creditor becomes a tenant in common Co-owner's interest may be sold on execution to satisfy creditor.  Joint tenancy is broken, creditor becomes tenant in common Property of community is liable for contracts of either spouse which are made after marriage and prior to or after 1/1/75.  Co-owner's interest can't be sold separately; whole property may be sold on execution to satisfy creditor Partner's interest cannot be seized or sold separately by his personal creditor but his share of profits may be obtained by a personal creditor.  Whole property may be sold in execution sale to satisfy partnership creditor
Presumption Favored in doubtful cases except husband and wife case Must be expressly stated.  Not favored Strong presumption that property acquired by husband and wife is community Arises only by virtue of partnership status in property placed in partnership


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WHO PAYS WHAT...

 

The Seller can generally be expected to pay for: The Buyer can generally be expected to pay for:
  • Real Estate Commission
  • Document preparation fee for Deed
  • Documentary transfer tax ($1.10 per $1,000 of sales price)
  • Any City Transfer/Conveyance Tax (according to contract)
  • Any loan fees required by buyer's lender
  • Payoff of all loans in sellers name (or existing loan balance if being assumed by buyer)
  • Interest accrued to lender being paid off, Statement fees, Reconveyance fees, and any Prepayment Penalties
  • Termite inspection (according to contract)
  • Termite work (according to contract)
  • Home warranty (according to contract)
  • Any judgements, Tax liens, etc., against the seller
  • Tax pro-ration (for any taxes unpaid at time of transfer of title)
  • Any unpaid Homeowners Dues
  • Recording charges to clear all documents of record against the seller
  • Any bonds or assessments (according to contract)
  • Any and all delinquent Taxes
  • Notary Fees
  • Escrow Fee
  • Title Insurance Premium
  • Title Insurance Premium
  • Escrow Fee
  • Document preparation (if applicable)
  • Notary Fees
  • Recording charges for all documents in buyers name
  • Termite inspection(according to contract)
  • Tax pro-ration (from date of acquisition Homeowners transfer fees)
  • All new loan charges (except those required by lender for seller to pay)
  • Interest on a new loan from date of funding to 30 days prior to first payment date
  • Assumption/Change of Records Fees for takeover of existing loan
  • Inspection Fees (roofing, property inspection, geological, etc.)
  • Home Warranty (according to contract)
  • City Transfer/Conveyance Tax (according to contract)
  • Fire Insurance Premium for first year


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FINDING THE RIGHT HOME


Real Estate Agents
You can sit down with a real estate agent and discuss your needs, type of area, style of home, amenities and everything you really want in your next home. Real estate agents can help you by accessing a Listing Service which covers all properties listed for sale within a specific area. Together, you can select the homes you would like to see, set appointments and preview homes in a short period of time. An agent can guide you through the entire process.

Newspaper Ads/Internet
Many people go through the real estate classified section or browse the Internet to find a home that appeals to them. However, your real estate agent will have many listings available that may not appear in the newspaper or on the Internet on a continuous basis. New listings come on the market daily.

Multiple Listing Service
Your real estate agent should have access to the multiple listing service if it is available in your area. It usually includes the following details about homes and properties for sale:

  • Location
  • Price
  • Photograph
  • Utilities
  • Amenities
  • Annual property tax
  • Current financing (when assumable)
  • Listing company

When Previewing A Home...

  • Write notes when previewing a home so you will be able to discuss the details later with your real estate agent.
  • Ask questions about the home and discuss any objections or concerns you may have.
  • Ask about the community - schools, shopping and transportation.
  • Ask specific questions about the construction of the home; electrical, plumbing, heating, cooling systems, etc.


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HOME INSPECTIONS


What is an inspection?
There are numerous types of inspections. An inspection is meant to evaluate, at minimum, the structural and mechanical condition of a property. It is not the same as an appraisal which evaluates the market value of a property. Persons involved in real estate transactions need unbiased information about the physical condition of property they plan to buy or sell, and your contract should include a contingency that you obtain a satisfactory inspection report. Talk with your agent about the types of inspections available.

Home Inspectors vs. Engineers

  • Home Inspector: A person who examines any component of a building, through visual means and through normal user controls, without the use of mathematical sciences.
  • Engineering: Analysis or design work requiring extensive preparation and experience in the use of mathematics, physics, chemistry and the engineering sciences.

Finding a qualified Inspector

  • Referrals from satisfied customers
  • Referral from a local real estate agent or mortgage company
  • Local consumer affairs office
  • Yellow Pages under "Building Inspection Services"

Ask if she/he is a member of the American Society of Home Inspectors (ASHI). The ASHI has established standards of practice which include the specific services, limitations and exclusions that can be expected from private home inspectors.

What the inspection, at minimum, includes
Every inspection should include, but not be limited to, an evaluation of at least the following:

  • Foundations
  • Plumbing and electrical systems
  • Doors
  • Ceiling, walls and floors
  • Roof
  • Hazardous materials concerns
  • Heating and air conditioning systems
  • Common areas (in condominiums)
  • Insulation
  • Ventilation


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ANSWERS TO FREQUENTLY ASKED QUESTIONS


What is the difference between "pre-qualified" and "pre-approved"?
If you are "pre-qualified" you have determined, with a loan officer, what price you can afford based on the down payment, your debts and the amount the mortgage company will approve for your mortgage. Being "pre-qualified" is only a determination of your probable credit.

If you are "pre-approved", your credit, employment and funds have been approved by the lender.

What are closing costs?
Closing costs are an accumulation of charges paid to different entities associated with the buying and selling of real estate. Some of the closing costs you might encounter are: application fees, appraisal fee, county taxes, credit report, discount points, documentation fee, escrow fees, homeowners' association fees, loan fees, mortgage insurance, origination fees, tax registration and title insurance premium.

What is a point?
One point is equal to 1% of the new loan amount. Whenever government regulation, state usury laws and/or competitive practices prohibit the lender from charging a rate of interest that would make the real estate loan competitive with other fields of investments, the lender must seek some method of increasing the yield for the investors. By charging "points", the lender can bring the real estate loan up to those other investments.

What is earnest money?
When you make an offer, you will need to put up an earnest money deposit as a sign of good faith that you are seriously interested in buying a home. That deposit becomes a part of the purchase price and is held in a trust account until there is full acceptance of the offer. Typically, an earnest money is 1-3% of the offer amount.

What is title insurance?
Title insurance protects the named insured against loss because of defects, liens, encumbrances, adverse claims or other matters not shown or disclosed to the new owner that attach before date of policy.




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MORTGAGE 101


Mortgage 101 provides over 175 informative documents and interactive tools.

View up-to-the minute bond yields and rates.

Access an Interactive Calculator that actually figures payments, amortizes loans, calculates ratios, compares cost of living, and more.

Go here to visit Mortgage 101 and answer your mortgage questions.




Have fun and relax.
Finding your new home can be a rewarding experience.
Keep it fun . . . have a good time and enjoy the process.


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