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A real estate transfer tax is a one-time tax paid at the closing of a property, and is considered a stream of revenue for state budgets. This transfer tax though, once collected is not generally used for housing-related purposes. The tax is based on the value of a property as agreed to by the parties in a real estate contract.

In the excitement of selling or buying a home, often the real estate transfer tax cost is overlooked. Depending on locale, either the buyer or seller pays the tax at closing or escrow, but beware in New Hampshire both the buyer and seller pay, half of 1.5%!. In some states it can be a formidable amount, you should be prepared for what the transfer taxes will be, and who pays them, before you start a home search or list your home for-sale.

The good news is, thirteen states don’t have a real estate property tax. They are: Alaska, Idaho, Indiana, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Dakota, Oregon, Texas, Utah, and Wyoming.

The bad news is that the remaining thirty-seven states and The District of Columbia charge taxes on the transfer of a property. The tax is only levied once when a property is exchanged between parties, unlike general property taxes which are paid annually and are based on the assessed value. Real estate transfer taxes range from a low of .01% in Colorado to a high of 1.28% in Washington state.

Variations on transfer taxes include; in Arizona only charges a tax on deeds. However Alabama and Florida charge on deeds and mortgages. To avoid financial surprises, inquire early as to who pays (buyer or seller) and how much transfer taxes will be. Some states dictate who pays the tax, and some just want the tax paid. This cost can typically be negotiated between the parties. Consult an experienced real estate attorney.

A handy online link for transfer taxes for all fifty states.

[http://www.parealtor.org/content/AssetMgmt/Issues] Resource Center/Realty Transfer Tax/Transfer tax chart.pdf

By: Gary Carlsen

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First of all, most lenders will not begin foreclosure proceedings until a borrower is 3-6 months behind on their payments. Although missing a single payment is a default under the terms of most loan documents, lenders have neither the time nor the desire to foreclose on borrowers who have missed one payment. The process will be initiated when it becomes clear that the debt can no longer be serviced. This post deals with the timing of a foreclosure once your lender has started the process and has instituted a foreclosure action against your property.

The speed with which a bank can foreclose on a borrower varies based on state law. There are basically two different types of jurisdictions for foreclosure purposes: power of sale jurisdictions and judicial foreclosure jurisdictions. In over half the states, the prevailing method of foreclosure is non-judicial power of sale foreclosure. What does this mean? If you have entered into a deed of trust with your mortgage lender, your deed is held by a Trustee pending full payment of your note. In the event you fail to make your mortgage payments the trustee has authority to sell your home at auction. Power of sale foreclosure can occur much more quickly than judicial foreclosure because the trustee vested with the power of sale does not need court oversight to sell the property. The trustee will give Notice of a public foreclosure sale and then sell the distressed property to the highest bidder. A court will usually not oversee the process. If a default has occurred the trustee is permitted to go through with the foreclosure sale after a relatively short notice period (usually two to three months from the date foreclosure proceedings are instituted). If you live in a power of sale Jurisdiction, your mortgage lender can complete the foreclosure process in two to three months. Today, 29 states (Alabama, Alaska, Arizona, California, Colorado, the District of Columbia, Georgia, Hawaii, Idaho, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming) allow foreclosure by the power of sale

Judicial foreclosure is available in every state and is the required method of foreclosure in many states. Judicial foreclosure jurisdictions require a court to oversee the foreclosure process. Like power of sale jurisdictions, all interested parties must receive notice of the foreclosure sale. Judicial foreclosure proceedings can take a year or more to be completed . The requirement that the lender foreclose through the court system slows down the process considerably. While either method of foreclosure can be successfully challenged by an attorney, the court oversight of judicial foreclosure allows more procedural leverage to slow down aggressive lenders.

It is important for consumers to understand that they have rights in the fight against foreclosure. Power of sale jurisdictions allow for your property to be sold outside of court supervision but they still require you receive adequate notice of the sale and that your property be sold for a reasonable price. Hiring an experienced foreclosure defense attorney in a judicial foreclosure jurisdiction could buy you months while you fight back against the bank. Bankruptcy, although a last resort, will stop a foreclosure dead in its tracks due the Automatic Stay that freezes all creditor collection actions the minute a case is filed. I have filed many bankruptcy cases for clients the night before their home was scheduled to be sold at auction and had the process stopped. Chapter 13 bankruptcy may allow you to stay in your home while getting caught up on mortgage arrearages that have spiraled out of control. You have options and there is help available, but remember if you are in a power of sale jurisdiction and have executed a deed of trust with your lender, the foreclosure process can be completed in a matter of months.

By: Gary Carlsen

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The Internet is a rich source of information on the available real estate courses offered by various institutions. The firms and institutions that are listed on the Internet offer formal training and review sessions for potential and licensed real estate agents, brokers, and appraisers. Another form of training that agents, brokers and appraisers can avail themselves of consists of home study courses on real estate that are also available on the Internet. Home study includes books and online courses that a student must complete within a six-month time frame. The home study program is designed to help agents, brokers, and appraisers supplement the amount of hours they have to put in their training so that they would qualify for the state exams. Each course usually covers six to eight hours of modules and other forms of tutorials.

Courses

The courses included in this type of training mandatory or required courses in Ethics and Real Estate and in Real Estate Laws. These mandatory subjects are similar to those that are offered in online real estate courses for agents, brokers and appraisers. Elective courses are also included in this type of training where other areas of study on real estate are offered. Some of the elective courses include courses on Home Inspection, Environmental Laws, Real Estate Taxes and Risk Management. It is the aim of these courses to expose the students to other relevant subjects with regard to their profession.

Cost

The average cost of modules for the home study programs that are available vary range from forty dollars for the six hour courses while the average for the eight hour courses is fifty dollars. In availing for these home study courses, students must be very careful since orders are deemed final and the students pay for these courses even if they do not get to finish them.

The convenience and the efficiency that home study programs provide for potential agents, brokers and appraisers, give valuable support for aspiring realtors in their preparations for state exams and their eventual careers in real estate.

By: Gary Carlsen

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For the experienced investor, purchasing foreclosed real estate is a almost a guaranteed money maker. However, for those who know little or nothing about the industry there are some basic steps and information to look into before making any major purchases.

The obvious first step is to find a property. Foreclosure listings may be found on the internet through paid foreclosure listing sites, or by contacting local bank or real estate agent. Whichever method is used, finding a good piece of real estate to invest in is essential.

Obtaining financing is the second step in purchasing a foreclosed property. There are many creditors who will offer financing; however credible banks and credit unions are the best means of financing. Compare interest rates and fees of all lenders before committing to one financial plan.

During the pre-foreclosure process, the owner needs to be contacted, whether directly or through an agent. After which a government tax foreclosure sale or auction may be attended in order to bid on that particular piece of real estate. Before the auction, there may have a chance to work out a last-minute deal with the owner in default, which could also be beneficial.

Finally, making an offer is the last step in purchasing a foreclosed property. First time home owners and investors who have never purchased property in this manner are encouraged to hire or obtain assistance from a qualified agent. Based on research of the potential bargain, an offer can be made. The offer amount is typically somewhere below the market value but above the total outstanding liens and estimated repair costs. If the property is selling at auction, the person who has the winning bid will be required to pay in cash in the form of a cashier’s check at the auction. These are the basic steps to build on, when purchasing a foreclosed property, in order to make a sound investment.

By: Gary Carlsen

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