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Trust Transactions in Real Estate

January 17, 2020 by admin

Are you considering selling a home that is in a “Family Trust.” It’s not too early to consider challenges that might occur at the close involving paperworkthe Trust ownership. So, what should you do to insure a smooth transaction?

It’s always a good idea to have either a title officer or ATO at your title company review the trust documentation. A realtor can help put you in touch with the right people.  Depending upon your transaction, the age of the trust and the parties involved, this may include:

  • A complete copy of the trust document.
  • A trust certification.
  • Death certificate for any deceasedtrustee
  • Physician’s statement relative to capacity of a trustee under doctor’s care.

Normally, a title company with knowledge of trust law will not require you or your client to provide a complete copy of the trust document. This type of request should only occur when there is some sort of anomaly in the title, such as the death of one or more of the original trustees. It’s good to understand, when this request is made, that the title company has no desire to see what your assets are, but rather that the terms of the trust, after death of the original trustee(s), are properly carried out. It will also be necessary, if one or more of the original trustees have died, to produce a county certified copy of the death certificate for these parties. This should be supplied to escrow, along with a copy of the deed wherein the trust acquired title, so that a form called an “Affidavit, Death of Trustee, which must be recorded with the other transaction documents at close of escrow can be prepared.

If the original trustees are still living, all a title company will normally require is a trust certification. Title companies usually provide this form for those preliminary reports where a trust is in title. It protects both the escrow company and the title company from legal recourse should the action taken by the record trustee be disallowed under the terms of the trust, should the trust have been revoked “off record” or should the record trustee have been removed without constructive notice (recordation).

Should a trustee be incapacitated, physically or mentally, you will be required to obtain a statement from his/her physician as to his/her competency to understand and execute the transaction documents. Most often, trusts will provide that, should a physician state that the trustee is not competent to handle trust affairs (or their own affairs) a “Successor Trustee” will be allowed (required) to act. The name(s) of the successor trustee(s) can be found in the body of the trust, generally in a section marked “Successor Trustee.”

It is also a good idea to confirm that all of the signatories necessary for execution of transaction documents will be available and “in town” throughout the transaction. This is because, generally speaking, a power of attorney cannot be used to execute documents on behalf of the trustee. The only time this is allowable is if the trust expressly states that a power of attorney can be used.

Some trusts have the power of attorney form incorporated in the trust document. Again, there must be an express provision for use of the power of Attorney within the body of the trust. A better alternative to the Power of Attorney would be for the “vacationing” Trustee to temporarily “resign” as trustee and allow the Successor Trustee to act in his/her stead. As a last resort, if there is no Successor trustee, the absent Trustee, before leaving town, can execute an Amendment to the Trust expressly providing for use of a power of attorney.

Title to trust property, according to California State law, must be held in the name of the trustee(s) of the trust: “John Smith and Mary Smith, Trustees of the Smith Trust under declaration dated 6-4-1974” is a correct vesting. “The Smith Family Trust” is not a correct vesting. If ever in doubt as to how to vest trust property, call your title officer. People have many reasons for transferring property into a trust. Many people do this to avoid or reduce certain taxes. As to real property, keep in mind that holding property in a trust does not guarantee protection from reassessment of real property taxes under Prop. 13. This reassessment does not normally occur at the time the property is transferred into the trust,  but can occur upon the death of one or more of the trustees or upon distribution of the trust property to thebeneficiaries under the trust. For those trusts where the original trustees are parents of the beneficiaries, this reassessment can be avoided by filing an exclusion under Prop. 58, a form for which is readily available on the county assessor’s web site. There are also many income tax ramifications involved in holding property, real and personal in a trust.

In matters involving trust property and taxation, it is always wise to consult legal counsel before choosing to create and transfer property into a trust.

Filed Under: Helpful real estate information, Prop 13, Tax Deductions, Taxes Tagged With: family trusts, putting your home in a trust, trust transactions

Why You Should Have a Home Inspection

May 23, 2019 by Keith Kyle

Home Inspections – Information for Home Buyers

Whether you’re buying an older home or new construction in the South Bay, a home inspection is an absolute necessity. A homeN Redondo townhomes inspection will assess the building code conformity as well as all the systems and structural components that make up the building, such as:

  • Structural elements, foundation, framing etc
  • Plumbing systems
  • Electrical systems
  • Heating and Cooling systems
  • Roofing
  • Cosmetic condition, paint, siding, etc.
  • General Environmental Issues.
  • See information on undertanding the home inspection

 

When you’ve decided upon the South Bay home you want to buy and you’re about to sign the residential purchase agreement (the offer), make sure there is an inspection contingency in that contract allowing you to get your own professional Home Inspection. “Pre-Selling” or “Pre-Listing” inspections are not common, however, in some cases, a savvy seller may have had their own structural inspection done which they usually will provide to a prospective home buyer. If they are wise, they will have arranged to have any discovered problems corrected. However, I still insist that my buyer clients have his or her own independent inspection done. Normally, upon acceptance of the offer,  you will have 17 days to have the inspection completed, analyze the report and respond to the seller. We will be your eyes and ears at the structural inspection should it not be possible for you to be present yourself.

In the event that hidden problems are revealed through the structural inspection process, you may do one of two things:

1) If the inspection reveals conditions that change your desire to buy the home, you may terminate the purchase agreement by notifying the seller in writing and provide a copy of the inspection report disclosing the problems.

2) You may submit a list of the problems discovered in the inspection report, known as a request for repair, to the seller and request that the seller make the necessary corrections and repairs before the deal is closed, or adjust the price accordingly.

The Inspection Report

When you interview a home inspector, ask him what type of report format he provides. There are several types of reports used by inspectors, such as computer generated reports, the checklist format and the narrative style report. Some reports are completed and generated on site and some may take up to a week to complete. There are good and bad points to all of these formats.

Make sure that the inspector will take pictures that explain their descriptions and potential problems.

Hire an inspector that gives detailed descriptions of the home and potential problems instead of vauge and easily missinterpreted descriptions.

“Bathroom Shower Enclosure: Condition – Minor wear, heavy wear, damaged, rust stains, or chips in enamel finish. Recommend sealing drain and pan at base of tile.”

As you can see, this narrative description includes a recommendation for repair. Narrative reports without recommendations for repairing deficient items may be difficult to interpret, should your knowledge of construction be limited.

Make sure, if you do not understand something, that you ask questions. Items in the inspection report that are not serious quite often can be interpreted by a nonprofessional to be a major factor. A good home inspector should be able to put things into perspective and answer all your questions. If for some reason a question cannot be answered at the time of the inspection, the inspector should research the question and obtain the answer for you.

Take the time to become familiar with your home inspection report. If the report has a legend, key, symbols or icons, read and understand them thoroughly. The more information provided to you about the property, the easier it will be to understand the overall condition. If possible, try to be present when the inspector is doing the inspection. You do not have to be there during the entire process, but if you can walk through with the inspector at the end so he can show you the findings of the structural inspection, you will learn a great deal about the home you are about to purchase.

Filed Under: First Time Home Buyers, Helpful real estate information, Homebuyers Tagged With: getting a home inspection, home inspections

4 Home Buyer Tips in “Buyer’s” Market

May 16, 2019 by Keith Kyle

This is an older article and not as relevant as it was when we first posted it, but it won’t be long before we’re once again in a real estate market that favors the buyers.

4 Tips for Buying a House in a Buyer’s Market
By Holden Lewis

Now is a great time to buy a house. Prices are falling, and so are mortgage rates. Millions of houses are for sale, and sellers are getting anxious. That’s one way of looking at it. Alternatively, you could say: This is a bad time to buy a house. Prices might be lower in a few months. Same with mortgage rates. With more than 4 million houses on the market nationally, and more being added daily, sellers are bound to become desperate.

Why not wait them out?
In many places, it’s a buyer’s market in real estate, with sellers outnumbering potential purchasers. The resulting downward push on prices makes buyers happy. But it complicates matters for buyers, too. In some markets, there are too many choices to sort through. Even more bewildering, buyers wonder if they should wait a few months.”They’re worried that they’re going to buy too soon, and the figures will reduce, and by the time they go through the transaction, they’ll have negative equity,” says Mario Villena, vice president of Homekeys, a Miami-based online real estate brokerage. But, Villena adds, in every market there are peoplewho are serious about buying and don’t get sidetracked by market forces that
aren’t under their control.

For those buyers, experts have some advice:

  • If you find the right house at the right price, buy it.
  • Put technology and a buyer’s agent to good use.
  • Negotiate effectively.
  • Avoid gimmicks.

If you’re serious about buying a house, this is both the first step and the final goal. To put it more precisely, you have to decide whether you will actively shop and then negotiate a fair deal, or if you’ll just passively browse houses, hoping to stumble on a steal.  You’re more likely to succeed with the active approach instead of waiting (possibly in vain) for prices to fall further. You can’t predict when the local market will hit bottom. Even if prices do fall, someone could buy your favorite house out from under you. Diane Saatchi, a real estate agent with the Corcoran Group on Long Island, N.Y., draws this analogy: “It’s like when you find a dress that you like, and you wait for it to be on sale, and then the sale comes and they don’t have your size. Theoretically, you saved 20 percent. But you don’t have your dress.”

There’s always the possibility that you’ll buy a house and then the value will fall. In the 1990s, Southern California and South Florida had housing slumps in which it took years for prices to recover their previous levels. It could happen again, there or elsewhere. For that reason, “buy a home that can grow with you if necessary,” says Elizabeth Razzi, author of “The Fearless Home Buyer.”

“Look to the long term, because you don’t know how long you’ll be there,” Razzi says. “You might have to ride out bad market conditions for a while.” True to her book’s title, Razzi says you shouldn’t let fear dictate your timing.

“You should not wait if you find the right property, because, for one thing, you’re not looking solely for the best price. You’re looking for the best home.”And keep in mind that mortgage rates have fallen about three-quarters of a percentage point in the last three months. “Right now is a perfect time to buy, because of a real sudden increase in buying power,” says Bill Christiano, loan officer with MortgageIT’s office in suburban Westchester, N.Y.

Put technology and a buyer’s agent to good use

Cool technological innovations are popping up on real estate Web sites practically every week. Among the most useful are valuation tools. Zillow has the best known of these called the “Zestimate,” which is a computer-generated estimate of a house’s market value. Bankrate.com is a content partner with Zillow.com. The Homekeys site allows users to find estimated market values and to search for listings with aggressively competitive asking prices. Homekeys operates only in Florida, whereas Zillow has nationwide coverage. It’s hard to stress how revolutionary these valuation tools are, Villena says: “Until recently, this was impossible. You didn’t have, as a consumer, tools that could reasonably provide home values to you without spending something like $300 for each property to appraise it.”
Now those estimates are free, and you can get them without changing out of your pajamas.

Villena recommends that buyers start out by playing around with Web sites such as Homekeys, Zillow and Realtor.com, just to find out how much they can learn about the houses in their target neighborhoods. Focus on finding faster ways to weed out the houses you’re not interested in — because they don’t fit your criteria for asking price, size, neighborhood or amenities.

“If you’re a serious buyer, you really have to increase the speed at which you arrive at reasonably priced homes,” Villena says. “Those are the ones that are going to see a lot of action. You need to be early to that party. Start out by being more specific about the characteristics defining your desired home.”

With so many houses on the market, it’s useful to hire a buyer’s agent to sort them out, says Pam O’Connor, president of Leading Real Estate Companies of the World, a national network of 650 regional and independent brokers. You have your pick of agents now, and “you should be asking what’s their experience, how long they’ve been in the market, what price they specialize in,”O’Connor says. If you find a house you like, ask the agent to perform a comparative market analysis — basically, to do what Zillow does, but with the addition of human judgment. Do your own analysis online, using Zillow, Homekeys or a similar site if you can find one. Compare your

research with your agent’s. If they corroborate each other, fine. If something seems amiss, find out why. (An experienced agent is almost surely more accurate than Zillow.)

Negotiate effectively
Right now, “there’s more room for negotiation” in most housing markets because the sales pace slows in autumn, and prices have been falling, says Steve Habetz, president of ARCServ, a network of real estate attorneys. Villena counsels buyers to avoid the temptation to toss out lowball offers, because sellers won’t negotiate if they feel insulted. “You have to be able to defend that offer as much as the seller has to be able to defend the asking price,” he says. “If you’re not making a full-price offer, it’s not enough to pull a number out of the air. You should be able to show that this neighborhood has 20 comparable homes for sale, and, although I like your property, it’s priced 6 percent above the other properties. That gives you a better footing for establishing an objective and reasonable negotiation. “Don’t just negotiate with the seller. “Most people think that only sellers pay commissions,” Villena says. “They think that buyers are being serviced for free. Most people are not yet aware that there is a commission component reservedfor the buyer’s agent. And that, too,
just like the seller’s commission, is negotiable.” How so? Some buyer’s agents are willing to rebate a portion of their commission back to the buyer at closing. For a number of real estate brokerages, such as Homekeys, BuySide Realty and HouseRebate, buyer rebates are the focus of the business plan. Expect to make your own appointments to view houses and to drive yourself there if you use one of these brokerages. Realtors associations in some states have persuaded legislatures to ban commission rebates to buyers.

Avoid gimmicks

You’re shopping for a house, not for a Caribbean cruise or a car lease. Recently The New York Times reportedon a condo seller who was offering to give the buyer a year’s use of a leased Mercedes-Benz E-Class sedan. Razzi says you’ll find all sorts of gimmicky incentives from condo sellers. They offer flat-screen TVs or weekends at vacation homes, or more creative inducements. “That has nothing to do with the transaction at hand,” Razzi says. If there’s an incentive, make sure it has something to dowith the dwelling — upgraded countertops, decorating allowances, payment of mortgage closing costs, that sort of thing. “If they’re willing to subsidize it with a $500 TV, ask for $500 off the asking price,” she says.

There’s another gimmick to avoid: what O’Connor calls “magic loans.” This is the time to avoid mortgages such as pay-option ARMs and interest-only loans, she says. If you can’t afford it with a more mainstream loan, such as a 30-year fixed or a 5/1 ARM, you can’t afford it. Not in this market, where house values could drop and mortgage rates are almost sure to rise.

Filed Under: Helpful real estate information, Homebuyers Tagged With: buyers market, home buyers, market favorable to home buyers

2018 Tax Law Changes in California

April 22, 2019 by admin

We hope that the follwing information is helpful in giving you an idea of how tax laws have recently changed.

PREVIOUS LAW 2018 LAW
MORTGAGE INTEREST DEDUCTION Capped at $1M Capped at $750,000
STATE AND LOCAL TAX DEDUCTION Unlimited Deduction capped at $10,000 (income,
sales and property combined)
CAPITAL GAINS EXEMPTION ON SALE OF PRIMARY RESIDENCE Exclusion of up to $250,000 ($500,000
if married) of gain realized on sale or
exchange of principal residence if lived in
for 2 of the last 5 years
No change
1031 LIKE-KIND EXCHANGES Applied to all classes of property (e.g.
personal and real)
Limits non-recognition of gain to real
property
PERSONAL DEDUCTION Allowed Eliminated
STANDARD DEDUCTION $6,350 individual and $12,7000 if married $12,000 individual and $24,000 if married
MID FOR SECOND HOMES Capped at $750,000
HOME EQUITY LOAN DEDUCTION Capped at $100,000 Not deductible unless the proceeds are
used to substantially improve the property
MOVING EXPENSE EXCLUSION AND DEDUCTION Incurred in connection with change in work
place
Eliminated except for members of armed
forces on active duty that move pursuant
to military orders
CHILD TAX CREDIT $1,000 for each child $2,000 for each child
DEDUCTION FOR QUALIFIED BUSINESS INCOME OF PASS-THROUGH ENTITIES
INCLUDING
INDEPENDENT CONTRACTORS
None 20% deduction of taxable income phased
out above $157,000 ($315,000 if married)
for brokerage services
DEPRECIATION RECOVER PERIOD FOR REAL PROPERTY (RESIDENTIAL RENTAL) Recover period is 27.5 years No change
DEPRECIATION RECOVER PERIOD FOR REAL PROPERTY (NONRESIDENTIAL) Recover period is 39 years No change
DEPRECIATION RECOVER PERIOD FOR REAL PROPERTY (LEASEHOLD IMPROVEMENTS) Recover period is 15 years No change

Filed Under: Capital Gains Tax, Helpful real estate information, Tax Deductions, Taxes

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