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Covenant Deed vs. Warranty Deed and Quit Claim

by Tom Stachler,ABR,CDPE - Group One Realty Team

Title Issue that Comes up When Buying a Foreclosure

"Covenant deeds are not illegal. With a warranty deed, the grantor is warranting title against all prior claims - even claims that arose prior to the grantor acquiring title to the property. With a covenant deed (or "deed C") the grantor's warranty is limited to claims arising from the actions of the grantor. You get a little more from a covenant deed that you would get through a quit claim deed. Bank/sellers` are never going to give someone a warranty deed, the battle is typically over whether the bank will give a covenant deed or only a quit claim deed.

If I was a buyer, I would push for the covenant deed and in all events make sure that I had good title insurance in place to protect me. Good title insurance from a reputable company is always important but particularly so if you are getting something less than a warranty deed. Purchasers need to keep in mind that there is title insurance out there these days that really doesn't protect the them because the exceptions to coverage are way too broad.

I usually review the title company's pre-committment policy and often with recommend that buyers taking covenant deeds (or quit claim deeds) should strongly consider having their real esate attorney look at the title commitment/policy before they close. This is even more important if the policy is coming from an affiliate of the seller/bank --or other title company that we may not be as familiar with."

 

Check out the "All MLS Listings" above or our other Blog postings including "Things to Do in Ann Arbor"

 

Get Direct MLS Access that Real Estate Brokers Use  Click here to View

Ann Arbor Real Estate & 5 Things Buyers Do that Turn Sellers Off

by Tom Stachler,ABR,CDPE - Group One Realty Team

On today’s market, every savvy seller wants to know what turns buyers off, so they can get their homes sold as quickly as possible, for as much as possible.  But buyers, take note – there is a minefield of seller turn-offs you can trigger that potentially could keep you from getting the Home you want at the best price and terms, or to unnecessarily complicate dealings with your home’s seller.

Lest you think all of today’s sellers are under the gun and will just put up with whatever behavior buyers dish out, be aware that there are still many multiple offer situations in which buyers must compete with each other to get a home – buyers who trigger these turnoffs tend to lose in those scenarios.  Also, avoiding these seller turnoffs can create a transactional environment of cooperation and avoid things turning adversarial.  That, in turn, can empower you to land a better price, get extra items you want thrown into the deal, and even negotiate more flexibility around your escrow and move-in timelines – all perks that can make your life easier and your budget go further.

For sellers, these turnoffs have the potential of irritating you out of an otherwise good deal – maybe even the only deal you have!

Here’s a few of the most common buyer-perpetuated seller turnoffs, with tips for sellers on how to keep an emotional (and economic) even keel, even if your home’s buyer makes some of these waves:

1. Trash-talking. Trash-talkers are the home buyers who think they’re going to negotiate the list price down by slamming the house, telling the sellers how little it is really worth, how the house across the street sold for nothing, why the school on the corner should make them desperate to give the place away, etc. This strategy never works; in fact, when you attack a seller and their home, you only cause them to be defensive, and think up all the reasons that (a) their home is not what you say it is, and (b) they shouldn’t sell their home to you!  

Sometimes this happens with buyers who actually love a house and just walk around it fantasizing about all the ways they would customize it to their tastes while a seller is there.  Sellers: avoid being at home while your home is being shown.  Buyers: save your commentary for your agent; if you do encounter the seller in person keep your conversation respectful and avoid critiquing the house or the list price.

2. Being unqualified for mortgage financing. When a seller signs a buyer’s offer, most often the seller agrees to effectively pull the home off the market, forgoing other buyers who might be interested.  As such, the only thing worse than getting no offers on your home is getting an offer, getting into contract, then having the whole thing fall apart when the buyer’s loan falls through – especially if that could have been predicted or avoided up front. 

Sellers: Should work with us or your listing agent to vet your home’s buyers’ qualifications, including their loan approval, down payment and earnest money deposit – before you sign a contract.  It’s not overkill for your agent to call the buyers’ mortgage pro before you sign the contract and get a level of comfort for how robust their qualifications are.  Buyers:  Get pre-approved.  Seriously, this should be the first thing you do BEFORE looking at homes to better determine what price home you are pre-qualified for.  And make sure that you don’t buy a car, quit your job, deposit lottery winnings or do any other financial twitchery between the time you get loan approval and the time you close escrow on your home.

3. Making unjustified lowball offers. No one likes to feel like they are being taken advantage of.  And sellers generally know the general ballpark amount that their home is worth, as well as what they need to sell it for to get their mortgage paid off.  Yes – the price you pay for a home should be driven by its fair market value, rather than the seller’s financial needs, and deals are often available in a market like the current one, in which supply so vastly outpaces demand. But just throwing uber-lowball offers out at sellers hoping one will hit the spot is not generally a successful strategy, especially if you really, really want a given property. If you are going to be making a mortgage payment, it should be for a home that was at the top of your favorites list.

Sellers:  Don’t get overly emotional about receiving a lowball offer; counter at the price you decide makes sense based on the total circumstances, including your motivation level, recent comps and the interest/activity level your listing is receiving. Buyers:  Work through the similar, nearby homes that have recently sold (a/k/a comparables that we can prepare for you) before you make an offer to factor the home’s fair market value into your offer price – also factor in how much you want the place, too.  Don’t be amazed if you make an offer far below asking, and don’t get a response.

4. Renegotiating mid-stream. Sellers plan their finances, moves and  - to some extent – their lives around the purchase price a buyer agrees to pay for their home.  If you get into contract to buy a home, and find out during inspections that costly repairs need to be made, then propose a lower sale price, repair credit or even actual repairs to the seller, that’s sensible and fair.  But if you were aware that the property needed a lot of work before you made an offer on it, then you come back asking for a beaucoup bucks’ worth of credit or price reductions midstream, expect the seller to cry foul.  And holding the seller up two weeks into the transaction because you caught a case of buyer's remorse? Not cool, and not likely to foster the spirit of cooperation you may need to get your deal closed.  Buyers should remember too that no home is perfect and most will need common repairs or upgrades that you will assume or take responsibility for.  Your inspection is looking for expensive or surprising things that you hadn't counted on.  

Sellers: avoid mid-stream price renegotiations by having a full set of inspection reports and repair bids at hand when you list your homeBuyers: try to avoid renegotiating the entire deal unless you get some major surprises at your inspections or inflating small repairs to try to justify a major price cut.

5. Misleading or setting the seller up.  Remember when we talked about buyer turn-offs?  Being misled by listing photos or very fluffy property descriptions was high on the list.  The same goes for sellers. Offering way over asking with the plan to hammer the seller for a reduction when the house doesn’t appraise at the purchase price?  #LAME  Making an as-is offer planning the whole time to come back and ask for every penny ante repair called out by the inspectors?  Lame squared.

Sellers:
  If you get multiple offers and are tempted to take a sky-high one or one that claims to be all cash, consider requesting proof that the buyer has sufficient funds to make up the difference between what you think the home will appraise for and the actual sale price, and statements showing the cash truly exists.  Buyers: Don’t be lame. I’m not saying you have to tell the seller exactly what your top dollar is, but making offers with terms designed to intentionally mislead is really, really bad form – and can result in losing the home entirely if and when your bluff gets called.  Of course we can help you through every step of the way, so no worries.  You can get started by clicking here to view all available Ann Arbor Real Estate listings for sale.  

TRY THIS NEW ANN ARBOR REAL ESTATE LISTING SEARCH SYSTEM

by Tom Stachler,ABR,CDPE - Group One Realty Team
Video Video

Welcome to the Best Realty Search System Available

Take 2 minutes to view this short video about how to use our new FREE web application.

After you have had a chance to check out the basic's, you might want to view the other more advanced video's below by clicking on their Links. Click the viewer to the right to get started on clip #1.

REMEMBER TO TURN ON YOUR COMPUTER'S SPEAKER TO HEAR SO YOU CAN FOLLOW ALONG WITH THE TIPS AND RECOMMENDATIONS.  

Tip Video #2

Tip Video #3

We can provide you with more updates in the future.  Please let us know what you think.  If you haven't signed up already with your own search profile account, you can get started by clicking here  

Know someone looking for real estate?  Please forward this email to them. 

Forgot how to return to your account? Click here for your login page to retrieve any favorite properties or customized searches that fit your criteria.  We recommend that you bookmark the login page too for easy navigation in the future.  However, a login is not necessary to view your update emails that will follow in the future. Unless you are on someone else's computer, we would recommend that you do not hit the log-out button so your your personal computer will remember your password etc on future visits. IMPORTANT: CLICK & SAVE LISTING FAVORITES!

This system will give you a large advantage over other competing buyers and in many cases you will see these new listings even before many realty brokers & agents do.

Look for your first new listing email update report soon

 Please let us know if you see something you would like to view so we can setup a showing appointment for you.  That's what I specialize in..... Representing Buyers.  My ABR designation stands for Accredited Buyer Representative.

Remember, you can always change your search criteria.  Just ask us or use the TAB key to move quickly through the search criteria fields then hit the "Search" button for the result's.  Only saved searches will get automatic new listing updates sent to you.

  1. Have you provided the min. square footage acceptable to you?
  2. Revise the min. number of bedrooms?
  3. Limit the areas to 1-3 of your most desireable school districts.
  4. Correct min-max price range?
  5. Search by School district, NOT by name of cities & townships.

Thank you for your consideration. Wink

Rated Best Realty Search Site in 2011

by Tom Stachler,ABR,CDPE - Group One Realty Team
Video Video

CHECK OUT THIS GREAT NEW REALTY SEARCH SITE BY WATCH THE SHORT VIDEO REVIEW HERE.

Good morning.  Thank you for stopping by as guest on our website.

LOOKING FOR FORECLOSURES, short sales and the latest MLS listings?  We recommend the following website for direct "realttime" MLS Access  click here.

This is the realtime MLS dBase that Realtors use for foreclosures, HUD and resale property listings.  It is the site that ALL other services periodically download from.  It also has a great "tool bar" when looking at details for listings that exclusively provides walkscores, ZillowZestimates, aerial and birdseye imaging, demographics, school info, distances to popular retailers and much more!  

Thanks again for visiting, and please keep in touch!

10160 Ridgeline, York Township, MI 48160

by Tom Stachler,ABR,CDPE - Group One Realty Team
Video Video

5 MINUTES FROM I94/US23 SPLIT

10160 Ridgeline, York Twp, MI

Home is located in the Saline School district in the popular Timber Ridge Subdivision.  Great commuter access to those wishing easy access to I-94 east or US 23 and want to avoid the Ann Arbor Traffic jams.

Just 9 minutes to Briarwood, this home has space and peace and quiet with top notched schools and low York Twp taxes.  

2950 sq ft

4BR/3.5 Baths with a finished view out basement, kraftmaid custom cabinets with granite counters, hardwood floors, 3 car garage and much more.  Check out the video tour above and click one of the Links above for "All MLS Listing" access or to contact us for a showing appointment.  Note the handy Chat button at the bottom of any web page too for quick answers.  

Zingerman's Deli, Ann Arbor, MI

by Tom Stachler,ABR,CDPE - Group One Realty Team
Video Video

WORLD FAMOUS DELI

ZINGERMANS DELI

Career Focus Cafe Video featuring Zingerman's Deli in Ann Arbor, Michigan. This world class Deli that is truly amazing. A must visit for new and returning visitors.

Located at 422 Detroit Street Ann Arbor, MI 48104 (734) 663-3354

Note this firm has their own bake house on the south side of town in Pittsfield Township that is also open to the public.

Looking for Real Estate?  Check out the "All MLS Listings" link above to access the complete inventory of Foreclosures, short sale's and regular resale properties.  Click the Chat button below to answer a quick question or try the contact info above.  We look forward to meeting you.  

Use a Short Sale or Foreclosure Expert with a CDPE Designation

by Tom Stachler,ABR,CDPE - Group One Realty Team - Re

Buying distressed Ann Arbor Area real estate listings is not for the faint of heart or those wanting responses in 24 hours. Navigating through the minefield of a short sale or foreclosure takes time and dedication to find the right deals.
RealtyTrac recently reported that approximately 25 percent of all US transactions in 2010 involved distressed properties.  Bank-owned (REO) and short-sale transactions will continue to be a major part of the real estate experience this year with short sales on the rise at the expense of foreclosures.  Our present distressed property inventory is about 20% of the total inventory in the Ann Arbor Area. Check back or drop me a message for updates.

1. Is your agent trained to handle this business?
How many closed bank owned or short sales has the agent closed; ask for referrals. Do they have a CDPE (Certified Distressed Property Expert) designation?  selling distressed properties needs skill and dedication. This means the difference between getting a house or not. This means saving thousands of dollars in negotiating or not.

2. Have an attorney review all bank addendums
Many lenders have incorporated language in their contracts that calls for a “blanket indemnification of the lender.” You forfeit your rights, so it is critical that an attorney review all bank documents and indemnification language.

3.  Knowing How to Winterize, and De-Winterize and Access Utilities
If the utilities are on, make sure in the contract that they will remain on for inspections and the house is De-winterized for the whole house inspector. Likewise, with some REO's the buyer may have to pay DTE a turn on charge to get utitilies on.

4.  Know How to Save Money and Protect Yourself 
Make sure contract language states that all contingencies will start when upon receiving signed bank acceptance letter or documents.

Protect yourself by choosing experienced an experienced agent.  I have the CDPE designation and years of experiences and references.  Click here to Find the best foreclosures in Ann Arbor and the rest of Washtenaw, Wayne & Livingston Counties with using this Great Site.

Thinking about listing you Home using the Short Sale Process.  Get started by clicking here

Mortgage Rates Drop

by Tom Stachler - Group One Realty Team - Real Estate

Freddie Mac (OTC: FMCC) today released the results of its Primary Mortgage Market Survey® (PMMS®). The survey results showed lower mortgage rates for both long- and short-term rates, with the 30-year reaching a four-week low.

30-year fixed-rate mortgage (FRM) averaged 4.71 percent with an average 0.8 point for the week ending January 13, 2011, down from last week when it averaged 4.77 percent. Last year at this time, the 30-year FRM averaged 5.06 percent.

15-year FRM this week averaged 4.08 percent with an average 0.7 point, down from last week when it averaged 4.13 percent. A year ago at this time, the 15-year FRM averaged 4.45 percent.

5-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 3.72 percent this week, with an average 0.7 point, down from last week when it averaged 3.75 percent. A year ago, the 5-year ARM averaged 4.32 percent.

1-year Treasury-indexed ARM averaged 3.23 percent this week with an average 0.6 point, down from last week when it averaged 3.24 percent. At this time last year, the 1-year ARM averaged 4.39 percent.

Frank Nothaft, vice president and chief economist of Freddie Mac, reports, “Bond yields drifted lower following the release of the December employment report , which was weaker than the market consensus forecast and implied that the labor market is still in a sluggish recovery. Fixed mortgage rates followed bond yields lower for a second consecutive week, bringing them to a four-week low.”

HAFA Rules Relaxed for Short Sales

by Tom Stachler - Group One Realty Team - Real Estate

Welcome to 2011, it is going to be a great year and I'm excited to see where it takes us!

Changing Short Sale Rules - The HAFA program has been a mixed bag, but last week the Treasury Department changed the rules to make short sales easier. 

Here are the primary changes to HAFA: 

- Those seeking a short sale must get an answer within 30 days
- Lender Servicers are no longer required to verify a borrower's financial information
- Lender Servicers are no longer required to determine if the debt-to-income exceeds 31%
- Though Second lien holders no longer must accept 6% of the unpaid balance - 

Overall, these changes should help expedite short sales, which is good news for Home owners, realtors, investors and ultimately the banks.

If you are looking for a way to sell you home that you feel is worth less than you owe on it, we can help.  Please contact us on this link or try the chat button at the bottom of the page.  You can also stop by this helpful short sale information site as we by clicking here.  


Here is to a healthy, wealthy, and exciting 2011!

New Property Search System for Ann Arbor Real Estate

by Tom Stachler from Group One Realty Team - Real Est

This is our new MLS listings service packed FULL OF FEATURES!  

If this Page doesn't display full width, then just click on the link above titled "All MLS Listings" for a clean full page demonstration.  One you have a full page, then Add or delete areas by typing in the section bottom left and then hit search at the bottom for your results.  Thanks for your consideration Cool

 Rated ***** "Best Realty Search System Available"
Start by Adjusting Your Criteria, Price & Area - Move Quickly Thru Fields Using Tab Key
Next Hit Search at the Bottom for Your Results - Remember to Save Your Search for Automatic Updates
Click Map Icon or Property in Left Column Results for a Detailed Listing View (School Ratings,Mapping & WalkScores)

Displaying blog entries 11-20 of 20

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