October 2009 Monthly Archive
October 30, 2009
A warranty deed used with real estate transfers guarantees the property has a clean title with no liens attached. Liens are used when borrowers default on creditor loans, owe taxes to the Internal Revenue Service, or have outstanding child support or alimony payments. There are two types of real estate warranty deeds - General or Limited.
A general warranty deed guarantees the seller owns the real estate and has authority to sell it. General warranty deeds protect the buyer if the seller engages in non-disclosure. This might include not reporting creditor or tax liens or judgments not reported by the seller.
October 27, 2009
Have you ever wondered if you have unclaimed money sitting somewhere? There's a very real possibility that you do. An unknown safe deposit box or life insurance policy could be sitting somewhere just waiting for you to claim it. The question is how do you find it?
Sadly, there is no central unclaimed money database. You will have to engage in some detective work to locate potential funds. The good news is modern technology has made the task a little easier.
October 24, 2009 | Comments: 1
Trust refers to a vault which holds valuable assets, along with a person's Last Will and Testament. People use trusts to transfer inheritance assets upon their death. When a trust is used, inheritance assets do not have to pass through probate and generally are exempt from taxation.
Many people believe establishing a trust is complicated. While this can be true for exceptionally wealthy people, many types of trusts exist which are simple to establish. Some of the most common include living, revocable, irrevocable, testamentary, and irrevocable life insurance trusts.
October 21, 2009
Seller carry back trust deeds are used when property owners provide financing to sellers. Also known as seller carry back financing, trust deeds secure the property until private financing has been repaid. Sellers can elect to carry all or a portion of real estate financing. This technique is often used when buyers are unable to obtain financing through a traditional lending source.
Three parties are involved when seller carry back trust deeds are used. These include the Trustor, Beneficiary and Trustee. The property owner or seller is referred to as the Trustor. The individual or entity that receives income from the mortgage note is referred to as the Beneficiary. Beneficiaries can be a private party or a lending institution such as a bank or credit union. The person who holds legal title to the real estate is referred to as the Trustee. Depending on the circumstances, the Trustor can also be the Trustee and Beneficiary.
October 17, 2009
FSBO stands for "For Sale by Owner". Homeowners engage in FSBO for many reasons. One of the most common is to avoid paying realtor commissions. The average realty commission is 6-percent of the sale price. By eliminating the fee, sellers can reduce the asking price of their property.
Closing fees are still associated with FSBO properties. These can include surveys, appraisals, inspections, homeowners insurance, property taxes, and bank fees. Sellers should review their mortgage note to determine if prepayment penalties are imposed.
October 14, 2009
Estate administrator refers to a person appointed to manage the estate of a person who has died. Administrators are generally family members, a professional estate planner or probate attorney. When a family member is appointed to this position, they typically require assistance from a professional to ensure legal documents are properly filed through probate court.
An estate administrator has multiple duties. It is important to appoint someone capable of handing financial matters and able to make difficult decisions under stress. Administrators must be at least 18 years of age and never convicted of a felony. It is best to appoint an estate executor who resides in the same state as the decedent. However, this is not a necessary requirement.
October 10, 2009 | Comments: 1
'Decedents' is a term used in legal documents to reference persons who have died. It is most commonly used in last wills, revocable trusts and irrevocable life insurance trusts. Wills and trusts are used to bequeath inheritance assets to beneficiaries.
Decedents can give their personal belongings, financial assets and real estate holdings to whomever they wish. Most individuals gift assets to their spouse, children or direct lineage relatives such as sisters, brothers, mother, father, nieces and nephews.
October 07, 2009
Debt problems are affecting more Americans today than ever before. The financial crisis of Wall Street left many people with worthless financial portfolios, while the unemployment crisis has drained many saving accounts. Add in wasteful spending habits and you have a recipe for financial disaster.
Many options exist to eliminate debt problems, but it takes patience and commitment to get out of debt. Individuals with mounting debts must take a hard look at spending habits to determine where their money is being spent.
October 04, 2009
Probate litigation refers to obtaining legal assistance to resolve conflict surrounding inheritance assets. Heirs or beneficiaries must retain the services of a probate attorney in order to contest the decedent's last will. Probate litigation is oftentimes required when decedents die intestate (without a Will).
Probate litigation can prolong the probate process for months or years. I know a woman whose stepfather passed away without executing a Will. Although single at the time of his death, four of his six ex-wives came forward to lay claim to his estate.
October 01, 2009
Mortgage forbearance is a financing option available to qualified borrowers who become delinquent on their home mortgage loan. Lenders enter into forbearance agreements to help homeowners avoid foreclosure. The only "catch" is borrowers must provide evidence they possess the financial means to cure mortgage arrearages and remain current on future mortgage payments.
Once a mortgage forbearance agreement is in place, lenders cannot proceed with foreclosure action unless borrowers default on their repayment plan. In most cases, borrowers work with their lender's loss mitigation department to obtain approval for extending mortgage payments