Tag Archives: Foreclosure

Lender Must Provide Summary for Foreclosure Notices

Summary provided by California Association of Realtors:

A lender must provide a borrower with a specified summary of information attached to a copy of a notice of default and notice of sale for any property containing one-to-four residential units.

The summary must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.

The beginning of the notice of default and notice of sale must also state in these 6 languages that the summary is attached.

The attached summary does not need to be recorded or published.

The Department of Corporation (DOC) must provide a standard translation of the statement free-of-charge on its website at www.corp.ca.gov.

This requirement takes effect on April 1, 2013 or 90 days after the DOC issues the summary translations, whichever is later.

Under existing foreclosure procedures, notices of default and notices of sale must be mailed to borrowers by registered or certified mail as specified. Assembly Bill 1599.

Start building your memories,
as you turn your house into a home. 

As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office.  I hope it has been of value to you.  Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate.  For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete blurb with it: Jack & Tracey Edwards, your real estate advocates, specialize in helping buyers and sellers in Elk Grove, CA,  and the greater Sacramento area.   Get information about available homes online at:  www.ElkGroveRealEstate.comOur mobile clients can find us at Mobile.ElkGroveRealEstate.com

 

Tenant Entitled to a 90-Day Notice to Terminate After Foreclosure

Summary provided by California Association of Realtors:

Effective January 1, 2013, a month-to-month tenant in possession of a rental housing unit at the time the property is foreclosed must be given a 90-day written notice to terminate under California law.

For a fixed-term residential lease, the tenant can generally remain until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, including the tenant’s obligation to pay rent.

However, the landlord can give a 90-day written notice to terminate a fixed-term lease after foreclosure under any of the following four circumstances:

(1) the purchaser or successor-in-interest will occupy the property as a primary residence;

(2) the tenant is the borrower or the borrower’s child, spouse, or parent;

(3) the lease was not the result of an arms’ length transaction; or

(4) the lease requires rent that is substantially below fair market rent (except if under rent control or government subsidy).

The purchaser or successor-in-interest bears the burden of proving that one of the four exceptions has been met.

This law does not apply if a borrower stays in the property as a tenant, subtenant, or occupant, or if the property is subject to just cause rent control.

This law will expire on December 31, 2019. This new California law is similar, but not identical, to the 90-day termination notice requirement under the federal Protecting Tenants at Foreclosure Act (12 U.S.C. § 5201, et seq.) (as extended by the Dodd-Frank Wall Street Reform and Consumer Protection Act), which is set to expire on December 31, 2014. Assembly Bill 2610.

Start building your memories,
as you turn your house into a home. 

As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office.  I hope it has been of value to you.  Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate.  For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete blurb with it: Jack & Tracey Edwards, your real estate advocates, specialize in helping buyers and sellers in Elk Grove, CA,  and the greater Sacramento area.   Get information about available homes online at:  www.ElkGroveRealEstate.comOur mobile clients can find us at Mobile.ElkGroveRealEstate.com

 

Landlord Must Disclose Notice of Default to Prospective Tenants

Summary of new law from the California Association of Realtors:

Starting January 1, 2013, every landlord who offers for rent a residential property containing one-to-four units must disclose in writing to any prospective tenant the receipt of a notice of default that has not been rescinded.

This disclosure must be made before executing a lease agreement. If a landlord violates this law, the tenant can elect to void the lease and recover one month’s rent or twice the amount of actual damages, whichever is greater, plus all prepaid rent. If the lease is not voided and the foreclosure sale has not occurred, the tenant may deduct one month’s rent from future amounts owed.

The written disclosure notice as provided by statute must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.

A property manager will not be held liable for failing to provide the written disclosure notice unless the landlord has given the property manager written instructions to deliver the written disclosure to the tenant. This law will expire on January 1, 2018. Senate Bill 1191.

Start building your memories,
as you turn your house into a home. 

As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office.  I hope it has been of value to you.  Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate.  For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete blurb with it: Jack & Tracey Edwards, your real estate advocates, specialize in helping buyers and sellers in Elk Grove, CA,  and the greater Sacramento area.   Get information about available homes online at:  www.ElkGroveRealEstate.comOur mobile clients can find us at Mobile.ElkGroveRealEstate.com

 

Coldwell Banker Realty Check — September 2012

 

FirstTimeHomebuyers

Now that the housing market is picking up once again, a growing number of first-time homebuyers are jumping in, attracted by relatively low home prices in some areas and historically low mortgage interest rates. In fact, many first time homebuyers have discovered that for the first time in years it’s actually cheaper to own a home than it is to rent one.

The Joint Center for Housing Studies at Harvard recently reported that the median priced home in the U.S. (when calculated in today’s dollars) is roughly half as much as it was in 1990! And as rents have steadily risen in recent years, the Harvard study found that mortgage payments on the median U.S. home is now 23 percent less than rent payments for the same home.

So as new buyers look to take advantage of this great opportunity, what are they looking for in their first home – and what do they need to know about buying real estate for the first time? We thought it would be interesting to take a look at the wants and needs of new buyers, as well as offer them some tips as they enter the housing market.

What are new buyers looking for in a starter home? In a survey of 300 consumers who purchased their first home in the last year, Coldwell Banker found that the vast majority wanted a move-in ready home near work and good schools. Specifically:

  • 87 percent said finding a move-in ready home was important or very important to them;
  • 78 percent said they wanted the home to be convenient to shops and services;
  • 75 percent said they wanted to be near their job;
  • 66 percent chose proximity to highly rated schools;
  • 61 percent noted they wanted to be close to extended family;
  • 61 percent said they preferred having lots of open space nearby;
  • 51 percent cited the importance of a lively neighborhood with restaurants and nightlife;
  • 45 percent wanted accessibility to public transportation;
  • 36 percent said being near recreational venues like golf was important;
  • 36 percent preferred being close to galleries, museums and theaters;

According to a recent survey from the National Association of Realtors, seven out of 10 renters say owning a home is a top priority.

If first time homebuyers are trying to decide whether buying a home is the right decision for them, there are a couple of things they should consider.

At or near the top of every potential homebuyer’s mind is whether or not they can afford to buy a home right now. Buying a home remains a sound financial decision for those with documented income and a good credit history, and a steady income can provide a strong backbone for the initial down payment and future mortgage payments.

Also, potential buyers should consider what their other options are and make a cost comparison. For renters, calculating month-to-month housing expenses is as easy as inquiring about the monthly rent and average utilities. The calculation gets a bit more complicated when considering the monthly cost of owning a home.

A real estate professional and a mortgage broker can help a first-time buyer understand the range of financial considerations including annual property taxes.

While buying a home today is a great value compared to renting, there are a number of additional costs that come with homeownership. All buyers need to be aware of these expenses and to incorporate those costs into a budget.

Some of these expenses can be planned for in advance, while others may require homeowners to set aside funds each month to cover their needs. Here are a few important ones to keep in mind:

Furniture
Homes can appear smaller than they actually are when individuals are visiting an open house. This is primarily because the house is full of furniture, accent pieces and accessories. But when first-time homeowners relocate from a one or two-bedroom apartment to a home, they may find that they don’t have enough furniture to fill the place. Owners can keep their costs low by picking up accent pieces here and there, rather than all at once. In addition, purchasing furniture from warehouse factories, collecting trinkets and accessories from yard sales and shopping for used items online can help buyers find pieces that appeal to their tastes without breaking the bank.

Property insurance
New homeowners will want to protect their assets by providing sufficient insurance coverage. It’s crucial to shop around for an affordable plan that adequately covers all of a homeowner’s needs. Insurance experts urge owners to choose a policy that covers rebuilding costs, rather than the initial purchase price or value of their home. In addition, homeowners should read the policy carefully to make a determination about purchasing additional coverage for disasters or scenarios their standard policy may not cover.

Maintenance
Properly maintaining a home, such as cleaning the roof, ensuring the wiring and structure is sound and replacing appliances can be expensive over the years. It is important to realize that maintenance can be financially rewarding in the long run, as it may help avoid structural, water and electrical damage.

Utility Bills
The costs of electric bills, water, heat and air conditioning can run significantly higher in a home than an apartment. It may take homeowners some time to determine how often to actually run the heating and air conditioning and get into the practice of turning off lights and appliances when they are not in use to keep utility costs low.

Buying your first home can be an exciting endeavor, but it’s a big step and thus first-timers will have lots of questions. That’s where I can help as a professional Realtor. Don’t hesitate to contact me even before you’re ready to buy a home. I can answer questions about the process and help new buyers find that perfect starter home when they’re ready to move forward.

Start building your memories,
as you turn your house into a home. 

As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office.  I hope it has been of value to you.  Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate.  For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete blurb with it: Jack & Tracey Edwards, your real estate advocates, specialize in helping buyers and sellers in Elk Grove, CA,  and the greater Sacramento area.   Get information about available homes online at:  www.ElkGroveRealEstate.comOur mobile clients can find us at Mobile.ElkGroveRealEstate.com

 

One Cool Thing — A Good Time To Buy


Start building your memories,
as you turn your house into a home. 

As you might guess, this document is a compilation of information from our own efforts as REALTORS, as well as input from other REALTORS in our Coldwell Banker office.  I hope it has been of value to you.  Don’t hesitate to email us with any suggestions that will make this document better for you and your fellow homeowners!
Be sure to follow us on Facebook at www.Facebook.com/ElkGroveRealEstate.  For information about properties available for sale and for more information for buyers and sellers, please visit our website at www.ElkGroveRealEstate.com and don’t hesitate to give us a call or drop us an email with your questions.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include this complete blurb with it: Jack & Tracey Edwards, your real estate advocates, specialize in helping buyers and sellers in Elk Grove, CA,  and the greater Sacramento area.   Get information about available homes online at:  www.ElkGroveRealEstate.comOur mobile clients can find us at Mobile.ElkGroveRealEstate.com