Financing Fiasco

Financing is a crucial part of any real estate purchase but can create significant closing delays. A mortgage rejection can delay the process from 60 days to several years. But don’t worry! You can prevent potential financing roadblocks by getting an initial pre-approval before making an offer. Regularly communicating with your lender, providing necessary documents promptly, and avoiding any significant financial changes, like changing your job, during this time can go a long way in preventing delays.

The Tangle of Title Issues

Title issues are another common reason for delays in real estate closings. Check out our blog on unexpected title issues for specific issues to watch for. How do you avoid title issues? If you’re selling your property, you need to have an experienced attorney on your side to clear title issues.  We at Bradford Miller Law have seen and dealt with almost everything when it comes to titles, so you can feel comfortable hiring our firm.  On the Buyer side, we sometimes have to wait until the title can be cleared up on the Seller side, and sometimes, we have to help the Seller’s attorney, who may not have as much experience.

Inspection Infection

Home inspections can open Pandora’s box of potential issues, leading to delays if the buyer and seller can’t agree on repair plans. To overcome such blockages, sellers can commit to resolving major issues before final walkthroughs or offer concessions for the buyer to take care of them.

The Appraisal Abyss

Sometimes, the property’s appraised value falls below the agreed purchase price, stopping the process. If the appraisal comes back under the agreed purchase price, the buyer and the seller must negotiate. The seller could consider lowering the asking price, or the buyer could pay out the difference in cash. There’s also the option of challenging the appraisal if the buyer can provide.

Final Walkthrough Woes

The final walkthrough is the last opportunity for the buyer to ensure that everything is as the terms agreed upon. Any mishap here can push back the closing date. To avoid this, buyers should meticulously inspect the property and address any red flags with their real estate agent or attorney. Sellers should double-check everything is in order before leaving the property. 

Ticking Timebomb of Deadlines

Another significant reason for delays is unrealistically tight contract dates. Setting a reasonable timeline for the closing can make this process smoother. If the set deadline is too short, any snag might jeopardize the entire deal. 

Let Us Help!

If your closing is approaching, understanding these common roadblocks and how to handle them could mean the difference between a smooth, timely closing and a frustratingly delayed one. To ensure a smooth transaction, contact Bradford Miller Law, P.C. We’d gladly represent you. 

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Understanding Short Sales

A short sale occurs when a homeowner is in dire financial trouble and needs to sell their property for less than the full amount owed. When this happens, the property is said to have been “sold short.” The lender of the original mortgage gets all of the proceeds of the sale and either forgives the difference or gets a deficiency judgment, which requires the original borrower to pay what’s left over. Typically, we at Bradford Miller Law are able to get the lender to forgive the deficiency. With this in mind, how do you determine if a short sale is the right move for you? Several situations make a short sale a good option: a decrease in property value below the mortgage amount, financial hardship, like loss of income or major illness, or mortgage terms that will skyrocket or have become unmanageable.

Financial and Home Equity Redemption

One primary benefit of a short sale is restoring financial peace. By proactively engaging in this process, homeowners can free themselves from the burden of unmanageable debt and protect their equity. It’s a strong damage control tool that allows you to save your remaining assets and avoid the fallout associated with foreclosure. A successful short sale effectively alleviates your debt. This means that the lender surrenders the claim to recover the remaining balance with a clear financial horizon, free from the weight of debt.

Recover Your Credit Score

The silver lining is that it can lend itself to advancing your credit. Defaults on loans, like those that come with foreclosures or bankruptcies, lead to the scarlet letter of poor credit. However, A short sale offers a less marked effect on credit scores, especially compared to the devastating marks of foreclosure. By selling the property and negotiating a solid case with the lender, the short sale process is a proactive approach to financial resolution that credit agencies recognize. This progressive move can mitigate the long-term impact on your credit and potentially allow for faster credit score recovery. 

Possibility of Re-Homeownership After Short Sale

 Short sales are about building a fresh start. The freedom of reliving an unmanageable mortgage goes beyond financial freedom and extends to mental and emotional freedom. This freedom reinforces your opportunity to start fresh with a secure financial foundation. Government and private sector programs often provide paths back to home ownership post-short sale. Individuals previously involved in a short sale can leverage these programs to make proud, supported reentries into the housing market.

Post Short Sale Financial Recovery

The short sale is just one step in a homeowner’s financial recovery. To fully unlock the silver lining, you must take proactive steps toward rebuilding your credit and creating a stable financial future. After a short sale, it’s time to reassess your priorities and set up a realistic budget. It’s essential to save for emergencies and future down payments. You’ll also need to work diligently to repair your credit. Ways to do this include paying bills on time, keeping credit card balances low, and using credit responsibly. Homeownership assistance programs can help you become a homeowner again after a short sale. They often require a waiting period and may have specific eligibility criteria to determine what you qualify for.

Find The Solution

A short sale may seem like the end of a chapter, but it can often bring new opportunities. Understanding the process and taking proactive steps post-sale can turn a challenging situation into a step toward a secure future. Remember, you’re not alone in this; contact us if you are considering a short sale. We’d be happy to guide you in your financial recovery. 

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What is Earnest Money?

In the context of real estate, “earnest money” refers to a deposit made by the buyer when making an offer on a property. It is a good faith payment showing the seller that the buyer is trustworthy and serious about purchasing their property. Unlike a down payment, which is a larger sum paid at closing, the earnest money is a part of the initial offer and signals a buyer’s commitment to the deal. Sellers often take their property off the market once they accept an offer. If the buyer backs out without a serious cause, their earnest money provides the seller with financial compensation for the lost time.

Shows Commitment

When a buyer includes earnest money with their offer, it shows they are willing to put a portion of their assets on the deal. This commitment often influences the seller’s view of the buyer’s sincerity and the strength of the offer.

Protects Both Parties

Earnest money acts as a form of legal protection for both parties. It discourages the buyer from changing their mind without valid grounds, relieving the seller when an offer is accepted but not completed.

Increases Acceptance Rate

An offer with a higher earnest money deposit is often more attractive to a seller, especially in competitive markets. Earnest money could make the difference between having your offer accepted or passed over for a more influential one.

The Right Amount of Earnest Money

The amount of earnest money can vary based on the type of property, the market, and the total purchase price. If the market is hot, you may want to offer a higher amount to ensure your offer is accepted. Generally, it ranges from 1% to 5% of the offer price. However, it can be as high as 10% for highly competitive homes with multiple buyers interested.

The Escrow Process

Once the seller accepts the offer, the earnest money is typically held in an escrow account, which means it is securely kept by a third party like a title company, law firm, or real estate broker.  Acceptable forms of payment are wire transfers, certified checks, or personal checks. The third party keeps the money until closing when it will go towards the buyer’s down payment or closing costs. 

When is Earnest Money Refundable?

The return of earnest money is not automatic; its refund is contingent on the parties’ agreed-upon terms. If the buyer pulls out without a valid reason, the seller may be entitled to keep the earnest money. Likewise, if the seller fails to meet the conditions of the offer, the earnest money is usually returned to the buyer. Typical situations where the buyer can walk away with their earnest money can include the following: 

• When a home inspector finds severe housing problems 
• If the appraisal amount is lower than the home sale price and the seller will not re-negotiate the sales price 
• When the buyer can’t secure financing 
• When a buyer is unable to sell their current home before closing on the new one

Buyers will forfeit their earnest money if they waive their financing and inspection contingencies and their mortgage doesn’t go through. Buyers can also lose their earnest money if they fail to close on the agreed date.

Need Further Guidance?

Whether you are a buyer looking to show your commitment or a seller who wants to make a wise choice when vetting offers, understanding earnest money can lead you to a more secure and successful transaction.  If you are looking to buy or sell your home, contact Bradford Miller Law, P.C. We’d be happy to help guide you in your real estate journey.

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What is Foreclosure?

Foreclosure is the legal process when a lender takes possession of your home when you fail to make mortgage payments. This process is initiated after you miss a handful of payments, leading to the sheriff’s department auctioning your home. With a foreclosure comes several severe consequences, including damage to your credit score, the potential loss of other significant financial assets, and the loss of your home.

Common Reasons for Foreclosure

1. Unexpected job loss or income reduction
2. Sizable medical expenses
3. Divorce or a family crisis
4. Credit card and other unsecured debt
5. High-interest mortgage payments

Ways to Avoid Foreclosure

Foreclosure prevention is all about being proactive. Here are eight approaches to avoiding the worst-case scenario.

Timely Communication with Lenders

The first and most vital action to take if you’re struggling to make mortgage payments is to contact your lender right away. Explain the reasons for your financial hardship, and see if an agreement can be reached. A forbearance agreement allows you to stop making payments temporarily or to reduce your monthly payment.

Loan Modifications

Loan modifications are changes to the terms of your mortgage that can lower monthly payments. They could extend the loan term, lower the interest rate, or add unpaid interest to the principal balance. It’s a tedious process that requires proof of financial hardship and your ability to meet the new payment terms.

Financial Counseling

Professional financial counseling can educate and assist you in managing your debts and setting up a realistic payment plan. Housing counselors approved by the U.S. Department of Housing and Urban Development (HUD) can offer advice on buying a home, renting, defaults, foreclosures, and credit issues.

Budgeting and Expense Management

Maintaining a tight grip on your finances is crucial as foreclosure grows near. This means cutting non-essential expenses and redirecting finances towards your mortgage. It’s also essential to consider long-term and short-term strategies to increase income, like taking on additional work or selling valuable possessions.

Short Sale

A short sale is a real estate transaction when the profits from selling the property fall short of the balance owed on the loan. The lender agrees to accept less than the total amount owed and releases the lien on the property so you can sell it free and clear. It’s a way to avoid a foreclosure’s negative impact on your credit while resolving your mortgage debt. If you are facing foreclosure and are considering a short sale as an option, download our short sale guide and contact us today.

Deed in Lieu of Foreclosure

Similar to a short sale, a deed in lieu of foreclosure involves transferring the property back to the lender instead of going through foreclosure. It allows you to avoid the consequences of foreclosure and may even provide you with relocation assistance from the lender.

Rent Out Your Home

Renting out your home can provide the income needed to keep up with mortgage payments, at least in the short term. However, rental income may not cover the entire mortgage and expenses associated with being a landlord, and you’ll need to consider the long-term tenant you want to avoid repeating the foreclosure cycle.

Know Your Rights as a Homeowner

Familiarize yourself with your mortgage agreement and state laws protecting homeowners’ rights in foreclosure proceedings. Consult Bradford Miller Law, P.C. for specific advice that fits your situation.

Foreclosure is a complex and emotionally draining experience. Proper knowledge, tools, and support can significantly increase your chances of avoiding it. If you are facing foreclosure, we would be happy to help you prevent it by representing you in a short sale or providing legal guidance. Contact us today for a consultation.

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